Common use of INTERIM ENERGY PRICE Clause in Contracts

INTERIM ENERGY PRICE. Unless otherwise established in the Contract, for the period (herein, the "Interim Period") commencing with the date on which this Agreement has been executed by the Parties and ending on the last minute of April 30, 2002, the SRAC upon which SELLER'S energy payment is calculated shall be determined in accordance with the SRAC formula approved by the Commission in D.96-12-028, as modified by D.01-03-067 (hereafter referred xx xx xxe "Monthly SRAC"), xxxxx xxxmula, for purposes of this Agreement, shall not be subject to further change by the Commission, by any other regulatory authority, or by any court with jurisdiction in the matter; provided, however, that, in lieu of payments calculated pursuant to the SRAC formula described in the preceding sentence, SELLER may, for energy deliveries commencing on the first day of the next calendar month following the date that Amendment No. 1 to this Agreement has been executed by the Parties, but no earlier than December 1, 2001, and for the balance of the Interim Period, elect to receive an alternative fixed price of $0.0325 per kWh (the "Alternative Interim Energy Price") for energy delivered by SELLER to EDISON. The Alternative Interim Energy Price shall be weight-adjusted by the Time-of-Delivery ("TOD") factors set forth in EDISON'S Time-of-Use rate schexxxe "TOU-8." SELLER hereby elects to be paid according to the following method during the balance of the Interim Period in accordance with this section 3.4.1: [ ] Alternative Interim Energy Price [X] Monthly SRAC (check one of the above). "If SELLER elects to receive the Alternative Interim Energy Price, and Amendment No. 1 to this Agreement is terminated pursuant to Section 4.13 of such Amendment as a result of Commission Approval not having been timely obtained or waived, then SELLER shall not be paid for energy deliveries at the Alternative Interim Energy Price established above and shall instead be paid for energy deliveries during the Interim Period in accordance with the Monthly SRAC. If such termination occurs, the net difference in payments made by EDISON to SELLER calculated, on a monthly basis, by subtracting the payments that were made by EDISON for the month in question based on the Alternative Interim Energy Price from the payments that SELLER would have received during the same month if such payments had been based on Monthly SRAC, plus interest (calculated in the manner described below in this section), shall, if such net monthly net difference is positive, be added to the first payment due SELLER following termination of Amendment No. 1 to this Agreement, and if such monthly net difference is negative, deducted from such payment (and from any subsequent payments as may be necessary to fully recoup any excess payments made at the Alternative Interim Energy Price rate). Interest on the net difference shall be calculated at the Federal Reserve Board three-month prime commercial paper rate as to each monthly payment made based on the Alternative Interim Energy Price commencing on the day on which such payment was mailed and ending on the date on which any statement reflecting the adjustment described in the preceding sentence is mailed."

INTERIM ENERGY PRICE. Unless otherwise established in the Contract, for the period (herein, the "Interim Period") commencing with the date on which this Agreement has been executed by the Parties and ending on the last minute of April 30, 2002, the SRAC upon which SELLER'S 's energy payment is calculated shall be determined in accordance with the SRAC formula approved by the Commission in D.96D.00-1200-028000, as modified by D.01D.00-0300-067 000 (hereafter referred xx xx xxe to as the "Monthly SRAC"), xxxxx xxxmulawhich formula, for purposes of this Agreement, shall not be subject to further change by the Commission, by any other regulatory authority, or by any court with jurisdiction in the matter; provided, however, that, in lieu of payments calculated pursuant to the SRAC formula described in the preceding sentence, SELLER may, for energy deliveries commencing on the first day of the next calendar month following the date that Amendment No. 1 to this Agreement has been executed by the Parties, but no earlier than December 1, 2001, and for the balance of the Interim Period, elect to receive an alternative fixed price of $0.0325 per kWh (the "Alternative Interim Energy Price") for energy delivered by SELLER to EDISON. The Alternative Interim Energy Price shall be weight-adjusted by the Time-of-Delivery ("TODXXX") factors set forth in EDISON'S Time-of-Use rate schexxxe schedule "TOU-8." SELLER hereby elects to be paid according to the following method during the balance of the Interim Period in accordance with this section 3.4.1: [ [_] Alternative Interim Energy Price [X] Monthly SRAC (check one of the above). "If SELLER elects to receive the Alternative Interim Energy Price, and Amendment No. 1 to this Agreement is terminated pursuant to Section 4.13 of such Amendment as a result of Commission Approval not having been timely obtained or waived, then SELLER shall not be paid for energy deliveries at the Alternative Interim Energy Price established above and shall instead be paid for energy deliveries during the Interim Period in accordance with the Monthly SRAC. If such termination occurs, the net difference in payments made by EDISON to SELLER calculated, on a monthly basis, by subtracting the payments that were made by EDISON for the month in question based on the Alternative Interim Energy Price from the payments that SELLER would have received during the same month if such payments had been based on Monthly SRAC, plus interest (calculated in the manner described below in this section), shall, if such net monthly net difference is positive, be added to the first payment due SELLER following termination of Amendment No. 1 to this Agreement, and if such monthly net difference is negative, deducted from such payment (and from any subsequent payments as may be necessary to fully recoup any excess payments made at the Alternative Interim Energy Price rate). Interest on the net difference shall be calculated at the Federal Reserve Board three-month prime commercial paper rate as to each monthly payment made based on the Alternative Interim Energy Price commencing on the day on which such payment was mailed and ending on the date on which any statement reflecting the adjustment described in the preceding sentence is mailed."

INTERIM ENERGY PRICE. Unless otherwise established in the Contract, for the period (herein, the "Interim Period") commencing with the date on which this Agreement has been executed by the Parties and ending on the last minute of April 30, 2002, the SRAC upon which SELLER'S 's energy payment is calculated shall be determined in accordance with the SRAC formula approved by the Commission in D.96D.00-1200-028000, as modified by D.01D.00-0300-067 000 (hereafter referred xx xx xxe to as the "Monthly SRAC"), xxxxx xxxmulawhich formula, for purposes of this Agreement, shall not be subject to further change by the Commission, by any other regulatory authority, or by any court with jurisdiction in the matter; provided, however, that, in lieu of payments calculated pursuant to the SRAC formula described in the preceding sentence, SELLER may, for energy deliveries commencing on the first day of the next calendar month following the date that Amendment No. 1 to this Agreement has been executed by the Parties, but no earlier than December 1, 2001, and for the balance of the Interim Period, elect to receive an alternative fixed price of $0.0325 per kWh (the "Alternative Interim Energy Price") for energy delivered by SELLER to EDISON. The Alternative Interim Energy Price shall be weight-adjusted by the Time-of-Delivery ("TODXXX") factors set forth in EDISON'S Time-of-Use rate schexxxe schedule "TOU-8." SELLER hereby elects to be paid according to the following method during the balance of the Interim Period in accordance with this section 3.4.1: [ ] Alternative Interim Energy Price [X] Monthly SRAC (check one of the above). "If SELLER elects to receive the Alternative Interim Energy Price, and Amendment No. 1 to this Agreement is terminated pursuant to Section 4.13 of such Amendment as a result of Commission Approval not having been timely obtained or waived, then SELLER shall not be paid for energy deliveries at the Alternative Interim Energy Price established above and shall instead be paid for energy deliveries during the Interim Period in accordance with the Monthly SRAC. If such termination occurs, the net difference in payments made by EDISON to SELLER calculated, on a monthly basis, by subtracting the payments that were made by EDISON for the month in question based on the Alternative Interim Energy Price from the payments that SELLER would have received during the same month if such payments had been based on Monthly SRAC, plus interest (calculated in the manner described below in this section), shall, if such net monthly net difference is positive, be added to the first payment due SELLER following termination of Amendment No. 1 to this Agreement, and if such monthly net difference is negative, deducted from such payment (and from any subsequent payments as may be necessary to fully recoup any excess payments made at the Alternative Interim Energy Price rate). Interest on the net difference shall be calculated at the Federal Reserve Board three-month prime commercial paper rate as to each monthly payment made based on the Alternative Interim Energy Price commencing on the day on which such payment was mailed and ending on the date on which any statement reflecting the adjustment described in the preceding sentence is mailed."

INTERIM ENERGY PRICE. Unless otherwise established in the Contract, for the period (herein, the "Interim Period") commencing with the date on which this Agreement has been executed by the Parties and ending on the last minute of April 30, 2002, the SRAC upon which SELLER'S 's energy payment is calculated shall be determined in accordance with the SRAC formula approved by the Commission in D.96-12-028, as modified by D.01-03-067 (hereafter referred xx xx xxe xxx "Monthly SRAC"), xxxxx xxxmulawxxxx xxxxula, for purposes of this Agreement, shall not be subject to further change by the Commission, by any other regulatory authority, or by any court with jurisdiction in the matter; provided, however, that, in lieu of payments calculated pursuant to the SRAC formula described in the preceding sentence, SELLER may, for energy deliveries commencing on the first day of the next calendar month following the date that Amendment No. 1 to this Agreement has been executed by the Parties, but no earlier than December 1, 2001, and for the balance of the Interim Period, elect to receive an alternative fixed price of $0.0325 per kWh (the "Alternative Interim Energy Price") for energy delivered by SELLER to EDISON. The Alternative Interim Energy Price shall be weight-adjusted by the Time-of-Delivery ("TOD") factors set forth in EDISON'S Time-of-Use rate schexxxe schedxxx "TOU-8." SELLER hereby elects to be paid according to the following method during the balance of the Interim Period in accordance with this section 3.4.1: [ ] Alternative Interim Energy Price [X] Monthly SRAC (check one of the above). "If SELLER elects to receive the Alternative Interim Energy Price, and Amendment No. 1 to this Agreement is terminated pursuant to Section 4.13 of such Amendment as a result of Commission Approval not having been timely obtained or waived, then SELLER shall not be paid for energy deliveries at the Alternative Interim Energy Price established above and shall instead be paid for energy deliveries during the Interim Period in accordance with the Monthly SRAC. If such termination occurs, the net difference in payments made by EDISON to SELLER calculated, on a monthly basis, by subtracting the payments that were made by EDISON for the month in question based on the Alternative Interim Energy Price from the payments that SELLER would have received during the same month if such payments had been based on Monthly SRAC, plus interest (calculated in the manner described below in this section), shall, if such net monthly net difference is positive, be added to the first payment due SELLER following termination of Amendment No. 1 to this Agreement, and if such monthly net difference is negative, deducted from such payment (and from any subsequent payments as may be necessary to fully recoup any excess payments made at the Alternative Interim Energy Price rate). Interest on the net difference shall be calculated at the Federal Reserve Board three-month prime commercial paper rate as to each monthly payment made based on the Alternative Interim Energy Price commencing on the day on which such payment was mailed and ending on the date on which any statement reflecting the adjustment described in the preceding sentence is mailed."

INTERIM ENERGY PRICE. Unless otherwise established in the Contract, for the period (herein, the "Interim Period") commencing with the date on which this Agreement has been executed by the Parties and ending on the last minute of April 30, 2002, the SRAC upon which SELLER'S energy payment is calculated shall be determined in accordance with the SRAC formula approved by the Commission in D.96-12-028, as modified by D.01-03-067 (hereafter referred xx xx xxe xxx "Monthly SRAC"), xxxxx xxxmulawxxxx xxxxula, for purposes of this Agreement, shall not be subject to further change by the Commission, by any other regulatory authority, or by any court with jurisdiction in the matter; provided, however, that, in lieu of payments calculated pursuant to the SRAC formula described in the preceding sentence, SELLER may, for energy deliveries commencing on the first day of the next calendar month following the date that Amendment No. 1 to this Agreement has been executed by the Parties, but no earlier than December 1, 2001, and for the balance of the Interim Period, elect to receive an alternative fixed price of $0.0325 per kWh (the "Alternative Interim Energy Price") for energy delivered by SELLER to EDISON. The Alternative Interim Energy Price shall be weight-adjusted by the Time-of-Delivery ("TOD") factors set forth in EDISON'S Time-of-Use rate schexxxe schedxxx "TOU-8." SELLER hereby elects to be paid according to the following method during the balance of the Interim Period in accordance with this section 3.4.1: [ ] Alternative Interim Energy Price [X] Monthly SRAC (check one of the above). "If SELLER elects to receive the Alternative Interim Energy Price, and Amendment No. 1 to this Agreement is terminated pursuant to Section 4.13 of such Amendment as a result of Commission Approval not having been timely obtained or waived, then SELLER shall not be paid for energy deliveries at the Alternative Interim Energy Price established above and shall instead be paid for energy deliveries during the Interim Period in accordance with the Monthly SRAC. If such termination occurs, the net difference in payments made by EDISON to SELLER calculated, on a monthly basis, by subtracting the payments that were made by EDISON for the month in question based on the Alternative Interim Energy Price from the payments that SELLER would have received during the same month if such payments had been based on Monthly SRAC, plus interest (calculated in the manner described below in this section), shall, if such net monthly net difference is positive, be added to the first payment due SELLER following termination of Amendment No. 1 to this Agreement, and if such monthly net difference is negative, deducted from such payment (and from any subsequent payments as may be necessary to fully recoup any excess payments made at the Alternative Interim Energy Price rate). Interest on the net difference shall be calculated at the Federal Reserve Board three-month prime commercial paper rate as to each monthly payment made based on the Alternative Interim Energy Price commencing on the day on which such payment was mailed and ending on the date on which any statement reflecting the adjustment described in the preceding sentence is mailed."