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Exhibit 10.2b
AMENDMENT NO. 1 TO XXXXXXXX OPERATING AGREEMENT
This Amendment No. 1 to the Xxxxxxxx Operating Agreement (the
"Agreement") is made and entered into as of May 6, 1999, by and between New York
State Electric & Gas Corporation ("NYSEG"), a New York corporation with an
office for the transaction of business at Corporate Drive, Kirkwood Industrial
Park, Kirkwood, New York 13902-5225, and AES NY, L.L.C. ("AES"), a Delaware
limited liability company with a principal place of business located at 0000
Xxxxx 00xx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000 (hereinafter the "Parties").
WITNESSETH
WHEREAS, NYSEG and AES entered into the Agreement, which is dated as of
August 3, 1998; and
WHEREAS, NYSEG and AES desire to amend the Agreement pursuant to
Section 25.3 of the Agreement.
NOW THEREFORE, in consideration of the mutual representations,
covenants and agreements hereinafter set forth, and intending to be legally
bound hereby, the Parties hereto agree as follows:
1) Terms used in this Amendment with initial capitalization and
not otherwise defined herein shall have the meanings specified
in the Agreement.
2) Item (v) in the first sentence of Section 3.1 of the Agreement
is hereby revised in its entirety to read as follows:
(v) operate Xxxxxxxx to produce 000 xxxxxxxxx
("XX") at the Xxxxxxxx 115 KV bus (or
such other voltage level determined by the
ISO or NYSEG's Energy Control Center from
time-to-time, including a determination in
accordance with Schedule D of the IA), when
one or both units are operating.
3) Line 14 of the second page of Schedule 1 of the Agreement is
hereby amended by deleting "sub-code 0203" in the Coal Price
Index and inserting in place thereof "sub-code 0301".
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4) The Agreement, as amended, remains in full force and effect.
5) This Amendment shall be filed with the FERC under Section 205
of the Federal Power Act, but the FERC's acceptance for filing
of this Amendment under said Section 205 shall not be a
condition of the closing of the transactions under the APA.
IN WITNESS WHEREOF, the Parties have caused their authorized
representatives to execute this Amendment as of the date first above written.
NEW YORK STATE ELECTRIC AES NY, L.L.C.
& GAS CORPORATION
By:_______________________________ By:___________________________
Xxxxxx X. Xxxxxx Xxxxx Xxxxxxx
Vice President and Secretary Vice President
