Exhibit 10.23.6
SEVENTY-FOURTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
(REVIEW BOARD AMENDMENT)
THIS SEVENTY-FOURTH AGREEMENT AMENDING NEW ENGLAND POWER POOL
AGREEMENT, dated as of May 9, 2001 ("Seventy-Fourth 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, with such amendments most recently
consolidated, respectively, in FERC Electric Third Revised Rate Schedule No. 5,
submitted in Docket No. ER00-2894-000, and FERC Electric Tariff, Fourth Revised
Volume No. 1, submitted in Docket Nos. EL00-62-000, et al.; and
WHEREAS, the Participants desire to amend the NEPOOL Agreement as
heretofore amended, to reflect the revisions detailed herein.
NOW, THEREFORE, upon approval of this Seventy-Fourth 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 The last sentence of Section 11A.3 is amended so that it reads:
Except as otherwise provided in the Code of Conduct and Ethics Policy
of the Review Board adopted by the Participants Committee, while
serving on the Review Board, a Review Board Member (a) shall not have a
material ongoing business or professional relationship or other
affiliation with any Participant or its Related Persons and (b) shall
otherwise be subject to the same independence requirements imposed on
Directors of the System Operator Board of Directors.
1.2 Section 11A.7(b) is amended so that it reads as follows:
(b) Intervenors and Time Limits: Any other Participant that wishes
to participate in the appeal proceeding hereunder shall give
signed written notice to the Secretary of the Participants
Committee no later than seven (7) business days after the
Appealing Party has given notice of appeal or such other time
as permitted by the Review Board and shall upon the approval
of the Review Board be permitted to participate in the appeal.
1.3 Section 11A.7(d) is amended so that it reads as follows:
(d) Pre-hearing Submissions: Each Appealing Party shall provide
the Review Board, within fifteen (15) business days of the
giving of its notice of appeal or such other time as permitted
by the Review Board, a brief written statement of its
complaint and a statement of the remedy or remedies it seeks,
accompanied by copies of any documents or other materials it
wishes the Review Board to review. The Participants Committee
and, as appropriate, any other Participant participating in
the appeal will provide the Review Board, within seven (7)
business days of the Appealing Party's submission or such
other time as permitted by the Review Board, copies of the
minutes of all NEPOOL committee meetings at which the matter
was discussed and if deemed appropriate by the Participants
Committee or otherwise requested by the Review Board a brief
description of the action (or failure to act) being appealed
and a brief statement explaining why the Participants
Committee believes its action (or failure to act) should be
upheld by the Review Board, together with copies of documents
or other materials referenced in such submission for the
Review Board to review and materials, if any, which interested
Participants provide to the Secretary of the Participants
Committee and reasonably request be submitted to the Review
Board.
SECTION 2
MISCELLANEOUS
2.1 This Seventy-Fourth Agreement shall become effective on June 1, 2001 or
on such other date as the Commission shall provide that the amendments
reflected herein shall become effective.
2.2 Terms used in this Seventy-Fourth Agreement that are not defined herein
shall have the meanings ascribed to them in the NEPOOL Agreement.
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