Exhibit 10.23.8
SEVENTY-EIGHTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
(REVISED SECTIONS 18.4 AND 18.5)
THIS SEVENTY-EIGHTH 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 27, 2001 in Docket Nos. ER98-3853-008 and ER00-62-030, New England
Power Pool and ISO New England Inc., et al., 96 FERC Paragraph 61,228 (2001)
(the "August 27 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-Eighth 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
AMENDMENTS TO RESTATED NEPOOL AGREEMENT
1.1 Section 18.4 is amended so that it reads as follows:
18.4 Review of Participant's Proposed Plans. Each Participant shall
submit to the System Operator, for review by the Participants
Committee, the Reliability Committee, and the Markets Committee or
the Tariff Committee, as appropriate, in such form, manner and
detail as the System Operator may reasonably prescribe, (i) any new
or materially changed plan for additions to, retirements of, or
changes in the capacity of any supply and demand-side resources or
transmission facilities rated 69 kV or above subject to control of
such Participant, and (ii) any new or materially changed plan for
any other action to be taken by the Participant which may have a
significant effect on the stability, reliability or operating
characteristics of its system or the system of any other
Participant. No significant action (other than preliminary
engineering action) leading toward implementation of any such new or
changed plan shall be taken earlier than sixty days (or ninety days,
if the System Operator determines that it requires additional time
to consider the plan and so notifies the Participant in writing
within the sixty days) after the plan has been submitted to the
System Operator. Unless prior to the expiration of the sixty or
ninety days, whichever is applicable, the System Operator notifies
the Participant in writing that it has determined that
implementation of the plan will have a significant adverse effect
upon the reliability or operating characteristics of its system or
of the systems of one or more other Participants, the Participant
shall be free to proceed. The System Operator shall maintain on its
website a list of Section 18.4 applications that are currently under
review and the status of each such application. The System Operator
shall provide notice of any action taken with respect to any Section
18.4 applications, including an explanation of its reasons for such
action, to each Participant as soon as reasonably practicable after
such action is taken. The time limits provided by this Section 18.4
may be changed with respect to any such submission by agreement
between the System Operator and the Participant required to submit
the plan.
1.2 Section 18.5 is amended so that it reads as follows:
18.5 Participant to Avoid Adverse Effect. If the System Operator notifies
a Participant pursuant to Section 18.4 that implementation of the
Participant's plan has been determined to have a significant adverse
effect upon the reliability or operating characteristics of its
system or the systems of one or more other Participants, the
Participant shall not proceed to implement such plan unless the
Participant or the Non-Participant on whose behalf the Participant
has submitted its plan takes such action or constructs at its
expense such facilities as the System Operator determines to be
reasonably necessary to avoid such adverse effect; provided that if
the plan is for the retirement of a supply or demand-side resource,
the Participant may proceed with its plan only if, after engaging in
good faith negotiations with persons designated by the System
Operator to address the adverse effects on reliability or operating
characteristics, the negotiations either address the adverse effects
to the satisfaction of the System Operator, or no satisfactory
resolution can be achieved on terms acceptable to the parties within
90 days of the Participant's receipt of the System Operator's
notice. Any agreement resulting from such negotiations shall be in
writing and shall be filed in accordance with the Commission's
filing requirements if it requires any payment.
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SECTION 2
MISCELLANEOUS
2.1 This Seventy-Eighth Agreement shall become effective as of September 1,
2001 or on such other date as the Commission shall provide that the
amendments reflected herein shall become effective.
2.2 Terms used in this Seventy-Eighth 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-Eighth
Agreement evidences an agreement that changes reflected herein effect
compliance with directives of the August 27 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 27 Order.
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