EX-H-2
PECO Mutual Services Agreement
MUTUAL SERVICES AGREEMENT
BETWEEN
PECO ENERGY COMPANY
AND
[INSERT NAMES OF AFFILIATES HERE]
THIS AGREEMENT, made and entered into this __ day of _________, 1999, by and
between the following: _________ PECO ENERGY COMPANY ("PECO"), a Pennsylvania
Corporation; and [INSERT NAMES OF AFFILIATES HERE], (hereinafter "Affiliates,"
PECO and its Affiliates are collectively referred to as "Parties.")
WITNESSETH:
WHEREAS, the Parties desire to enter into this Agreement providing for the
performance of certain services as more particularly set forth herein; and
WHEREAS, to maximize efficiency, and to achieve cost savings, the Parties desire
to avail themselves of the benefits of having services provided by the least
cost provider thereof whenever possible, and to compensate such provider
appropriately for such services;
NOW, THEREFORE, in consideration of these premises and of the mutual agreements
set forth herein, the Parties agree as follows:
Definitions
Commission-- the Pennsylvania Public Utility Commission.
Providing Company -- one or more Parties to this Agreement that have agreed to
provide requested services to another Party in accordance with the terms of this
Agreement.
Requesting Company -- one or more Parties to this Agreement that are requesting
services to be provided by another Party in accordance with the terms of this
Agreement.
Agreement to Provide Services
PECO and Affiliates agree to provide, upon the terms and conditions set forth
herein, services including but not limited to those services hereinafter
referred to and described in Section 3, at such times, for such period and in
such manner as Requesting Company may from time to time request and Providing
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Company concludes it is able and willing to provide. Providing Company will keep
itself and its personnel available and competent to render to Requesting Company
such services so long as it is authorized so to do by the appropriate federal
and state regulatory agencies. In providing such services, Providing Company may
arrange, as it deems appropriate, for the services of such experts, consultants,
advisers, and other persons with necessary qualifications as are required for or
pertinent to the provision of the requested services.
Services to be Provided
The services expected to be provided by Providing Company hereunder may include,
but are not limited to, the services set out in Schedule 1, attached hereto and
made a part hereof. In addition to those identified in Schedule 1, a Providing
Company shall render such additional general or special services, whether or not
now contemplated, as Requesting Company may request from time to time and
Providing Company determines it is able and willing to perform.
New Affiliates
New direct or indirect affiliates of PECO, which may come into existence after
the effective date of this Mutual Service Agreement, may become parties to this
Agreement. The Parties hereto shall make such changes in the scope and character
of the services to be provided and the method of assigning, distributing or
allocating costs of such services as may become necessary to achieve a fair and
equitable assignment, distribution, or allocation of costs among all Requesting
Companies, including the new affiliates.
Compensation of Providing Company
As compensation for the services to be provided hereunder, a Requesting Company
shall generally pay to Providing Company charges for services that are no more
than the cost thereof (except as otherwise directed or permitted by an
appropriate regulatory authority), insofar as costs can reasonably be identified
and related to the particular services in question or otherwise fairly and
equitably allocated to such services. To the extent that PECO or its affiliated
Electric Generation Supplier are participants in a particular transaction, the
Requesting Company shall pay to Providing Company charges for services that
comply with the Commission's decisions, rules and regulations, including the
Commission-approved settlement of Docket Nos. R-00973953 and P-00971265 and
Appendices G and H thereto.
Service Requests
The services described herein or contemplated to be provided hereunder shall be
directly assigned, distributed or allocated by activity, project, program, work
order or other appropriate basis.
Payment
Payment shall be by making remittance of the amount billed or by making
appropriate accounting entries on the books of the companies involved. Invoices
shall be prepared on a monthly basis for services provided hereunder.
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Effective Date and Termination
This Agreement is executed subject to the Commission's consent and approval, and
if so approved in its entirety, shall become effective as of the date of
approval and shall remain in effect from said date unless terminated by the
Commission or by mutual agreement. Any Party may withdraw from this Agreement by
giving at least sixty days written notice to the other Parties prior to
withdrawal.
Access to Records
For the seven years following a transaction under this Agreement, the Requesting
Company may request access to and inspect the accounts and records of the
Providing Company, provided that the scope of access and inspection is limited
to accounts and records that are related to such transaction.
Assignment
This Agreement and the rights hereunder may not be assigned without the mutual
written consent of all Parties hereto. IN WITNESS WHEREOF, the Parties hereto
have caused this Agreement to be executed and attested by their authorized
officers as of the day and year first above written.
PECO ENERGY COMPANY
By ______________________________
Title ___________________________
ATTEST:
By ______________________
Title ______________________
[INSERT NAME OF AFFILIATE HERE]
By ____________________________
Title _________________________
ATTEST:
By ______________________
Title ______________________
[INSERT NAMES OF AND SIGNATURE BLOCKS FOR ADDITIONAL
PARTIES AS NEEDED]
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