61,317 AT PP 56-63
(MAR. 26, 2003), 103 FERC ¶ 61,078 (APR. 22, 2003), 105 FERC ¶ 61,066 (OCT. 16,
2003), 107 FERC ¶ 61,166 (MAY 12, 2004), 108 FERC ¶ 61,219 (SEPT. 2, 2004).
1.36
"GADS DATA" HAS THE MEANING SET FORTH IN SECTION 5.6.2.
1.37
"GOVERNMENTAL AUTHORITY" MEANS ANY NATION OR GOVERNMENT, ANY STATE
OR OTHER POLITICAL SUBDIVISION THEREOF, AND ANY ENTITY EXERCISING EXECUTIVE,
LEGISLATIVE, JUDICIAL, REGULATORY OR ADMINISTRATIVE FUNCTIONS OF OR PERTAINING
TO A GOVERNMENT.
1.38
"ISO" MEANS THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR CORPORATION,
A CALIFORNIA PUBLIC BENEFIT CORPORATION.
1.39
"LOCAL GOVERNMENTAL PARTIES" MEANS THOSE OF THE FOLLOWING
IDENTIFIED ENTITIES THAT HAVE EXECUTED THIS AGREEMENT ON OR ABOUT THE EXECUTION
DATE, SUBJECT TO OBTAINING THE APPROVALS REFERENCED IN SECTION 10.2:
THE CITY
AND COUNTY OF SAN FRANCISCO; THE CITY OF OAKLAND; THE COUNTY OF SANTA CLARA; THE
COUNTY OF CONTRA COSTA; VALLEY CENTER MUNICIPAL WATER DISTRICT; PADRE DAM
MUNICIPAL WATER DISTRICT; RAMONA MUNICIPAL WATER DISTRICT; HELIX WATER DISTRICT;
VISTA IRRIGATION DISTRICT; YUIMA MUNICIPAL WATER DISTRICT; FALLBROOK PUBLIC
UTILITY DISTRICT; BORREGO WATER DISTRICT; METROPOLITAN TRANSIT DEVELOPMENT
BOARD; SAN DIEGO TROLLEY, INC.; SAN DIEGO TRANSIT CORPORATION; AND SWEETWATER
AUTHORITY.
1.40
"MARKET PARTICIPANTS" MEANS, OTHER THAN THE ISO AND PX THEMSELVES,
THOSE ENTITIES THAT WERE ISO SCHEDULING COORDINATORS OR PX PARTICIPANTS OR
OTHERWISE DIRECTLY SOLD ENERGY TO OR PURCHASED ENERGY FROM THE ISO AND/OR PX
DURING PART OR ALL OF THE SETTLEMENT PERIOD.
1.41
"MEMORANDUM OF UNDERSTANDING" HAS THE MEANING SET FORTH IN
PARAGRAPH C OF THE RECITALS.
1.42
"NERC" MEANS THE NORTH AMERICAN ELECTRIC RELIABILITY COUNCIL.
1.43
"NET REFUND RECIPIENT" MEANS A SETTLING PARTICIPANT THAT IS OWED
NET REFUNDS AFTER CONSIDERATION OF AMOUNTS THAT THE PARTICULAR SETTLING
PARTICIPANT MAY ITSELF OWE TO THE MARKET IN THE FORM OF REFUNDS.
1.44
"NET PAYERS" HAS THE MEANING SET FORTH IN SECTION 6.4.4.
1.45
"NON-SETTLING PARTICIPANTS" MEANS MARKET PARTICIPANTS OTHER THAN
THE RELIANT PARTIES, THE CALIFORNIA PARTIES, ADDITIONAL CLAIMANTS, CLASS ACTION
PARTIES, LOCAL GOVERNMENTAL PARTIES, AND THE OPT-IN PARTICIPANTS.
1.46
"OMOI" MEANS FERC'S OFFICE OF MARKET OVERSIGHT AND INVESTIGATIONS.
1.47
"OPT-IN PARTICIPANT" MEANS A MARKET PARTICIPANT THAT HAS ELECTED TO
JOIN THIS SETTLEMENT IN ACCORDANCE WITH ARTICLE 9.
5
1.48
"OREGON ATTORNEY GENERAL" MEANS THE STATE OF OREGON, DEPARTMENT OF
JUSTICE, OFFICE OF THE ATTORNEY GENERAL, HARDY MYERS, ATTORNEY GENERAL.
1.49
"PARTNERSHIP/GAMING PROCEEDING" MEANS THE PROCEEDINGS IN FERC
DOCKET NOS. EL03-137, ET AL. (INCLUDING DOCKET NO. EL03-170) AND EL03-180, ET
AL. AND ANY RELATED APPEALS AND/OR PETITIONS FOR REVIEW AND ANY PROCEEDINGS ON
REMAND.
1.50
"PARTY" AND "PARTIES" HAVE THE MEANINGS SET FORTH IN THE PREAMBLE
TO THIS AGREEMENT.
1.51
"PG&E" MEANS PACIFIC GAS AND ELECTRIC COMPANY.
1.52
"PG&E PLAN ESCROW" MEANS THE ESCROW ESTABLISHED BY PG&E PURSUANT TO
PG&E'S PLAN OF REORGANIZATION AND OTHER ANCILLARY AGREEMENTS FOR PAYMENT OF ITS
OUTSTANDING DEBTS TO THE PX AND TO THE ISO.
1.53
"POST-JANUARY 17, 2001 PERIOD" MEANS THE PERIOD JANUARY 18, 2001
THROUGH JUNE 20, 2001, BUT, WITH RESPECT TO PX TRANSACTIONS, NOT ANY PERIOD
INCLUDED IN THE PRE-JANUARY 18, 2001 PERIOD.