Exhibit 10.23.9
SEVENTY-NINTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
(ICAP COMPLIANCE AMENDMENT)
THIS SEVENTY-NINTH AGREEMENT AMENDING NEW ENGLAND POWER POOL AGREEMENT,
dated as of September 24, 2001 ("Seventy-Eighth Agreement"), amends the New
England Power Pool Agreement (the "NEPOOL Agreement"), as amended.
WHEREAS, the NEPOOL Agreement as in effect on December 1, 1996 was amended
and restated by the Thirty-Third Agreement Amending New England Power Pool
Agreement dated as of December 1, 1996 (the "Thirty-Third Agreement") in the
form of the Restated New England Power Pool Agreement ("Restated NEPOOL
Agreement") attached to the Thirty-Third Agreement as Exhibit A thereto, and the
Thirty-Third Agreement also provided for the NEPOOL Open Access Transmission
Tariff (the "NEPOOL Tariff") which is Attachment B to the Restated NEPOOL
Agreement; and
WHEREAS, the Restated NEPOOL Agreement and the NEPOOL Tariff have
subsequently been amended numerous times, the most recent amendment dated as of
July 13, 2001; and
WHEREAS, this agreement amends the Restated NEPOOL Agreement to comply
with the directives of the Federal Energy Regulatory Commission in its order
issued August 28, 2001 in Docket Nos. EL00-62-026 and EL00-62-029, ISO New
England Inc., 96 FERC Paragraph 61,234 (2001) (the "August 28 Order"); and
WHEREAS, the Participants desire to amend the Restated NEPOOL Agreement as
heretofore amended, to reflect the revisions detailed herein.
NOW, THEREFORE, upon approval of this Seventy-Ninth Agreement by the
NEPOOL Participants Committee in accordance with the procedures set forth in the
Restated NEPOOL Agreement, the Participants agree as follows:
SECTION 1
AMENDMENT TO RESTATED NEPOOL AGREEMENT
1.1 Section 12.5(d) is amended so that it reads as follows:
(d) The revenues from the Installed Capability Responsibility deficiency
charge payments for each month shall be allocated among those
Participants whose minimum monthly Installed System Capabilities are
equal to or greater than their Installed Capability
Responsibilities. The allocation to each such Participant shall be
in the same proportion as that Participant's minimum monthly
Installed System Capability for the month is to the aggregate
minimum monthly Installed System Capabilities of all Participants
entitled for the month to such revenues.
SECTION 2
MISCELLANEOUS
2.1 This Seventy-Ninth Agreement shall become effective as of September 1,
2001 or on such other date as the Commission shall provide that the
amendment reflected herein shall become effective.
2.2 Terms used in this Seventy-Ninth Agreement that are not defined herein
shall have the meanings ascribed to them in the Restated NEPOOL Agreement.
2.3 A vote by or on behalf of a Participant in favor of this Seventy-Ninth
Agreement evidences an agreement that changes reflected herein effect
compliance with directives of the August 28 Order. Such agreement is not,
and is not to be construed as, a voluntary agreement to the substance of
the changes reflected herein and is without prejudice to the voting
Participant's right to challenge the August 28 Order.
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