Exhibit 10.25.19
EIGHTY-NINTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
(TECHNICAL COMMITTEE VOTING CHANGES)
THIS EIGHTY-NINTH AGREEMENT AMENDING NEW ENGLAND POWER POOL AGREEMENT,
dated as of October 4, 2002 ("Eighty-Ninth 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 the 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 June 21, 2002; and
WHEREAS, the Participants desire to amend the Restated NEPOOL Agreement,
as heretofore amended, to reflect the revisions detailed herein.
NOW, THEREFORE, upon approval of this Eighty-Ninth 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 RESTATED NEPOOL AGREEMENT
1.1 Section 6.9(d) is amended so that it reads as follows:
(d) Member Adjusted Voting Share: for a Committee voting member which
casts an affirmative or negative vote on a proposed action or
amendment and which has been appointed by a Participant or group
of Participants which are members of a Sector satisfying its Sector
Quorum requirement for the proposed action or amendment, is the
quotient obtained by dividing (i) the Sector Voting Share of that
Sector for the Participants Committee or the Adjusted Sector Voting
Share of that Sector for the Technical Committees by (ii) the number
of voting members appointed by members of that Sector which cast
affirmative or negative votes on the matter, adjusted, if necessary,
for End User Participants and group voting members as provided in the
definition of "Member Fixed Voting Share".
1.2 Section 6.9(e) is amended so that it reads as follows:
(e) NEPOOL Vote:
(i) with respect to an amendment or proposed action of the
Participants Committee is the sum of (x) the Member
Adjusted Voting Shares of the voting members of the
Committee which cast an affirmative vote on the
proposed action or amendment and which
have been appointed by a Participant or group of
Participants which are members of a Sector satisfying
its Sector Quorum requirements and (y) the Member Fixed
Voting Shares of the voting members of the Committee
which cast an affirmative vote on the proposed action or
amendment and which have been appointed by a
Participant or group of Participants which are members
of a Sector which fails to satisfy its Sector Quorum
requirements; and
(ii) with respect to a proposed action of a Technical
Committee is the sum of the Member Adjusted Voting
Shares of the voting members of the Committee which cast
an affirmative vote on the proposed action.
1.3 New Section 6.9(g) is added as follows:
(g) Adjusted Sector Voting Share: applies only for votes of Technical
Committees and shall be determined for each Technical Committee vote
in accordance with the following formula:
A = S + (S * [(100%-P)/P])
Where:
A is the Sector's Adjusted Sector Voting Share.
S is (i) for each active Sector which has not
satisfied its Sector Quorum requirements, the
sum of the Member Fixed Voting Shares of the
Sector members who vote on the proposed
action, or on whose behalf a vote is properly
cast, and (ii) for each active Sector which
has satisfied its Sector Quorum requirements,
that Sector's Sector Voting Share.
P is the sum of (A) for each active Sector
which has not satisfied its Sector Quorum
requirements, the Member Fixed Voting Shares
of the members who voted on the proposed
action or on whose behalf a vote is properly
cast and (B) the Sector Voting Shares of all
Sectors which have satisfied their Sector
Quorum requirements.
The aggregate Adjusted Sector Voting Share for each
vote shall equal one hundred percent (100%).
SECTION 2
MISCELLANEOUS
2.1 This Eighty-Ninth Agreement shall become effective on January 1, 2003,
or on such other date as the Commission shall provide that the
amendments reflected herein shall become effective.
2.2 Terms used in this Eighty-Ninth Agreement that are not defined herein
shall have the meanings ascribed to them in the NEPOOL Agreement.
