Exhibit D-2
AMENDMENT TO TAX SHARING AGREEMENT
This Amendment to Tax Sharing Agreement (the "Amendment") is made
effective as of October 1, 2001, by and among Great Plains Energy
Incorporated ("GPE"), Kansas City Power & Light Company, Great Plains
Power Incorporated, Home Service Solutions Inc., Worry Free Services,
Inc., KLT Inc., KLT Investments Inc., KLT Investments II Inc., KLT
Energy Services Inc., KLT Gas Inc., KLT Telecom Inc., Energetechs,
Inc., Advanced Measurement Solutions, Inc., FAR Gas Acquisitions
Corporation, KLT Gas Operating Company, WYMO Fuels, Inc., DTI Holdings,
Inc., Digital Teleport, Inc., Digital Teleport of Virginia, Inc. and
Kansas City Power & Light Receivables Company (collectively, the
"members of Group" or "Group" and individually "member of the Group" or
"member").
Whereas, the members of the Group have executed a certain Tax
Sharing Agreement effective as of October 1, 2001 (the "Agreement"),
and
Whereas, the members of the Group wish to amend the Agreement to
explicitly incorporate a provision from certain unanimous stipulations
and agreements entered into by Kansas City Power & Light Company with
the Kansas and Missouri regulatory commissions.
Therefore, in consideration of the mutual promises and
undertakings contained herein, the receipt and sufficiency of which is
acknowledged, the members of the Group agree as follows:
1. The Agreement is amended by inserting a new Section 11, as
follows:
11. REGULATION
Neither KCPL nor any of its affiliates, will seek to overturn,
reverse, set aside, change or enjoin, whether through appeal or
the initiation or maintenance of any action in any forum, a
decision or order of the Commission which pertains to recovery,
disallowance, deferral or ratemaking treatment of any expense,
charge cost (including cost of capital) or allocation incurred or
accrued by KCPL in, or as a result of, a contract, agreement,
arrangement, or transaction with any affiliate, associate,
holding, mutual service or subsidiary company on the basis that
such expense, charge, cost (including cost of capital) or
allocation has itself been filed with or approved by the SEC or
was incurred pursuant to a contract, arrangement, agreement or
allocation method that was filed with or approved by the SEC.
2. Except as amended above, the Agreement shall continue in full
force and effect.
[signature pages follow]
IN WITNESS WHEREOF, the parties have signed this Amendment as of the
first above written.
Great Plains Energy Incorporated Great Plains Power Incorporated
By /s/ X. X. Xxxxxxxx By /s/ Xxxxxxx X. Xxxxxx
Kansas City Power & Light Company Home Service Solutions, Inc.
By /s/ X. X. Xxxxxxxx By /s/ Xxxx X. XxXxxxxxx
KLT Inc. KLT Energy Services Inc.
By /s/ Xxxx X. Xxxxxx By /s/ Xxxx X. Xxxxxx
KLT Investments Inc. KLT Gas Inc.
By /s Xxxxx X. Xxxxxxxx By /s/ B. B. Selkirk
Xxxxx X. Xxxxxxx, III
KLT Investments II Inc. KLT Telecom Inc.
By /s/ Xxxx X. Xxxxxx By /s/ Xxxx X. Xxxxxx
Worry Free Services, Inc. KLT Gas Operating Company
By /s/ Xxxx X. XxXxxxxxx By /s/ B. B. Selkirk
Xxxxx X. Xxxxxxx, III
FAR Gas Acquisitions Corporation DTI Holdings, Inc.
By /s/ B. B. Selkirk By:_____________________
Xxxxx X. Xxxxxxx, III
Digital Teleport, Inc. Digital Teleport of Virginia, Inc.
By:_________________________ By:_____________________
Energetechs, Inc. WYMO Fuels, Inc.
By /s/ Xxxxxxx X. Xxxxxx By /s/ X. X. Xxxxxxxx
Kansas City Power & Light
Receivables Company
By /s/ Xxxxxx X. Xxxxxxxx
