CAPACITY PAYMENT AGREEMENT BETWEENCapacity Payment Agreement • October 18th, 2011 • Ohio
Contract Type FiledOctober 18th, 2011 JurisdictionTHIS CAPACITY PAYMENT AGREEMENT (the “Agreement”) made and entered into this day of , 2010 (the “Effective Date”) by and between The Cleveland Electric Illuminating Company, The Toledo Edison Company and Ohio Edison Company, each of which is a corporation organized and existing under the laws of the State of Ohio, and Pennsylvania Power Company, a corporation organized and existing under the laws of the State of Pennsylvania (collectively, the “ATSI Utilities”), and each of the Load Serving Entities listed on Appendix A, who shall bear their obligations hereunder severally, but not jointly (each a “Participating LSE” and, collectively, the “Participating LSEs”). The ATSI Utilities and each Participating LSE are hereinafter sometimes referred to collectively as the “Parties,” or individually as a “Party.”