Exhibit 10(b)18
Amendment No. 2 to
The Power Contract between
Southern Electric Generating Company,
Alabama Power Company and Georgia Power Company
This Amendment No. 2 to the Power Contract dated January 27, 1959, is
made and entered into this 4th day of November, 1993, by and between Southern
Electric Generating Company (SEGCO), a corporation organized and existing under
the laws of the State of Alabama with its principal office in Birmingham,
Alabama; Alabama Power Company (ALABAMA), a corporation organized and existing
under the laws of the State of Alabama with its principal office in Birmingham,
Alabama; and Georgia Power Company (GEORGIA), a corporation organized and
existing under the laws of the State of Georgia with its principal office in
Atlanta, Georgia.
W I T N E S S E T H
WHEREAS, SEGCO is a subsidiary of ALABAMA and GEORGIA, each of which
owns 50% of the outstanding common stock of SEGCO;
WHEREAS, both ALABAMA and GEORGIA are wholly-owned subsidiaries of The
Southern Company, a registered holding company under the Public Utility Holding
Company Act of 1935;
WHEREAS, SEGCO was formed to make available to ALABAMA and GEORGIA the
benefit of economies resulting from low-cost fuel and large generating units;
WHEREAS, in furtherance of this purpose SEGCO constructed and now owns
a share of the Ernest C. Gaston Steam Plant located near Wilsonville, Alabama,
which share consists of four coal-fired steam generating units and one
combustion turbine unit with an aggregate nameplate rating of 1,019,680
kilowatts;
WHEREAS, ALABAMA acts as SEGCO's agent in the operating of its share of
the Ernest C. Gaston Steam Plant and performs certain other functions, including
accounting, under an agreement between SEGCO and ALABAMA;
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WHEREAS, SEGCO sells the entire capacity and output of its generating
units to ALABAMA and GEORGIA pursuant to the provisions of a Power Contract
dated January 27, 1959 ("the Power Contract"), which has been amended from time
to time;
WHEREAS, the Power Contract is set to expire by its terms on June 1,
1994;
WHEREAS, extension of the Power Contract is necessary and appropriate
to avoid expiration; and
WHEREAS, the parties wish to avoid expiration of the Power
Contract by extending the term of the Power Contract.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants and agreements hereinafter stated, SEGCO, ALABAMA and GEORGIA agree
and contract as follows:
1. This Amendment No. 2 to the Power Contract shall become effective
on June 1, 1994.
2. Article IX, Section 9.08 of the Power Contract is amended by
deleting such provision in its entirety and substituting therefore the following
revised Article IX, Section 9.08:
Section 9.08 Term of Agreement: This Agreement shall continue in
effect until the 31st day of May, 1996, and thereafter shall be
automatically extended for succeeding periods of two (2) years, unless
terminated by any party to this Contract upon two (2) years written notice
to the other parties to this Contract; provided, however, that the
provisions of Article VI and of Section 9.11 shall continue in full force
and effect in accordance with the terms of Article VI.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
the Power Contract to be executed by their duly authorized officers.
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ATTEST: SOUTHERN ELECTRIC GENERATING COMPANY
_____________________ By _____________________________________
Secretary Mr. E. B. Harris
President
ATTEST: ALABAMA POWER COMPANY
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Secretary By _____________________________________
Mr. W. B. Hutchins, III
Senior Vice President and Chief Financial Officer
ATTEST: GEORGIA POWER COMPANY
_____________________ By _____________________________________
Secretary Mr. A. W. Dahlberg
President and Chief Executive Officer