AMENDMENT NUMBER 5 TO THE
POWER SALES CONTRACT
BETWEEN
MIDAMERICAN ENERGY COMPANY
AND
NEBRASKA PUBLIC POWER DISTRICT
THIS AMENDMENT NUMBER 5 is made and entered into as of the 2nd day of
September, 1997, by and between MidAmerican Energy Company ("MidAmerican"),
formerly Iowa Power and Light Company, and Nebraska Public Power District (the
"District"), formerly Consumers Public Power District.
WHEREAS, MidAmerican and the District entered into a Settlement Agreement
as of May 7, 1997, settling the lawsuit entitled: MidAmerican Energy Company v.
Nebraska Public Power District, Civil Action No. 4-95-CV-80356 in the United
States District Court For The District of Iowa, Central Division; and
WHEREAS, MidAmerican and the District, as a result of said settlement,
reached agreement to amend further the Power Sales Contract made and entered
into by them as of September 22, 1967 and heretofore amended as of February 20,
1968, May 24, 1968, August 31, 1970, and March 28, 1974, respectively.
NOW, THEREFORE, MidAmerican and the District hereby agree as follows:
1. Section 15 of the Power Sales Contract shall be deleted in its entirety
and the following shall be substituted in its place:
"Section 15. Operation and Maintenance
The District agrees that it will operate and maintain and make
renewals and replacements to the Nuclear Facility and the EHV
Facilities consistent with Prudent Utility Practice. Prudent Utility
Practice shall mean any of the practices, methods and acts which, in
the exercise of reasonable judgment in the light of the facts,
including but not limited to the practices, methods and acts engaged
in or approved by a significant portion of the electric utility
industry prior thereto, known at the time the decision was made, would
have been expected to accomplish the desired result at the lowest
reasonable cost consistent with reliability, safety, and expedition.
It is recognized that Prudent Utility Practice is not intended to be
limited to a
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single best practice, method or act to the exclusion of all others,
but rather can be within a spectrum of possible practices, methods or
acts which could reasonably have been expected to accomplish the
desired result at the lowest reasonable cost consistent with
reliability, safety and expedition. The District agrees to confer with
the Purchaser at all reasonable times when requested by the Purchaser
and to give good faith consideration to the Purchaser's reasonable
recommendations in regard to operating practices of the District as
related to the Nuclear Facility and the EHV Facilities. The District
and the Purchaser shall each appoint an authorized representative to
an advisory operating committee, and designate an alternate to act in
the absence of such representative. The committee shall meet at
monthly intervals and at other times upon the request of either
representative to consider problems and policies in connection with
operation, maintenance, repair and scheduled outages of the Nuclear
Facility and to make recommendations to the District and to the
Purchaser."
IN WITNESS WHEREOF, MidAmerican and the District have caused this Amendment
Number 5 to be executed, in two originals, and delivered by their respective
officers hereunto duly authorized.
NEBRASKA PUBLIC POWER DISTRICT MIDAMERICAN ENERGY COMPANY
By: Xxxxxxx X. Xxxxxx By: Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx
President and CEO Chairman and CEO
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