Exhibit 10.25.16
EIGHTY-SIXTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
(INTERRUPTIBLE/DISPATCHABLE LOADS FOR OBJECTIVE CAPABILITY)
THIS EIGHTY-SIXTH AGREEMENT AMENDING NEW ENGLAND POWER POOL AGREEMENT,
dated as of May 3, 2002 (the "Eighty-Sixth 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
April 5, 2002; and
WHEREAS, the Participants desire to amend the NEPOOL Agreement, including
the NEPOOL Tariff, as heretofore amended, to reflect the revisions detailed
herein.
NOW, THEREFORE, upon approval of this Eighty-Sixth Agreement by the NEPOOL
Participants Committee in accordance with the procedures set forth in the
NEPOOL Agreement, the Participants agree as follows:
SECTION 1
AMENDMENTS TO NEPOOL AGREEMENT
1.1 The formula in Section 12.2(a)(1) for determining each Participant's
tentative Installed Capability Responsibility in Kilowatts for a
month is amended to read as follows:
X = (P(A-N)+Np)(1+T)
1.2 The definition of "P" in Section 12.2(a)(1) is amended to read as follows:
P is the value of the Participant's fraction for the
month as determined in accordance with the following
formula:
P = Fp / F, wherein:
Fp is the Participant's Adjusted Monthly Peak
for the month less any Kilowatts received by
such Participant pursuant to a contract of a
type that traditionally has been treated by
NEPOOL as a firm contract for the purposes of
this Section prior to January 1, 1999, but
which does not constitute a Firm Contract as
defined in this Agreement.
F is the aggregate for the month of the
Adjusted Monthly Peaks for all Participants
less any Kilowatts received by any
Participant pursuant to a contract of a type
that traditionally has been treated by NEPOOL
as a firm contract for the purposes of this
Section prior to January 1, 1999, but which
does not constitute a Firm Contract as
defined in this Agreement.
1.3 The definition of "C" in Section 12.2(a)(1) is deleted.
SECTION 2
AMENDMENT TO MARKET RULES AND PROCEDURES
2.1 Market Rule and Procedure No. 11 is amended as set forth in Attachment 1
hereto.
SECTION 3
MISCELLANEOUS
3.1 The Eighty-Sixth Agreement shall become effective on the first day of
the first month in Power Year 2002-2003 following Commission acceptance
of the amendments reflected herein or on such other date as the Commission
shall provide that the amendments reflected herein shall become effective.
3.2 Terms used in this Eighty-Sixth Agreement that are not defined herein
shall have the meanings ascribed to them in the NEPOOL Agreement.
