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<br />, 14 02 0~:2S~ Public ~c~ks <br /> <br />--F,b-14-Z00Z 01 :Sh. From-Se! ~F I...uren <br /> <br />714S473345 <br /> <br />SZS 10Z ISZZ T-164 POOZ/OOI F-46Z <br /> <br />c <br />" <br /> <br />/ <br /> <br />" <br /> <br />EI EDiSON" <br /> <br />"l!J)1!;i)~7J;~~""L'<~""'" February 14, 2002 <br /> <br />~\) - '\ <br />- l (J <br />t. {\ City of Santa Ana <br />220 S. Daisy Avenue, Building A <br />Santa Ana, CA 92703 <br /> <br />Ld5 E. Bitt.,..,.. <br />lJlfl:\,:I.(ll' <br />\'(p lll,,,,,'td,~,t- <br /> <br />Attention: Tholll Coughran <br /> <br />Re: Ppwer Purchase A(rl!Amp.nt Between Southern C~lifornia Edison <br />Comnanv and City of Santa Ana. QFID 4054. <br /> <br />Dear Mr. Coughran: <br /> <br />In early 200 1, Southern California Edison Company ("Edison") suspended <br />payments to all Qualifying Facilities ("QFs"), including the project referenced <br />above ("Sellex"), due to, among other things, liquidity issues caused by the <br />California energy crisis. The suspension eventually encompassed payments for <br />energy and capacity delivered by Seller and other QFs to Edison during the period <br />November 1,2000 through and including March 26, 2001 (the "Suspended <br />Payments"). <br /> <br />Seller executed an agreement with Edison wbich provided for payment of Seller's <br />portion of the Suspended Payments upon the occurrence of certain conditions, <br />including- the enactment of "Restorative Legislation" by the California Legislature <br />and the occurrence of "Commission Approval" as each of those terms is defined in <br />the agreement. Such agreement terminated by its own terms because <br />Commission Approval was not obtained within 120 days of the effective date of <br />the agreement, Furthermore, the California Legislature has not enacted <br />Restorative Legislation and is unlikely to do so. <br /> <br />AI; you may be aware, Edison has entered into agreements and amendments with <br />numerous other QFs providing for payment of Suspend.ed Payments, pIllS interest, <br />upon the satisfaction of certain specified conditions which, pursuant to certain <br />amendments agreed to by the parties, are no longer dependent on the enactment <br />of Restorative Legislation by the California Legislature. Currently, Edison <br />anticipates that these conditions may be satisfied in time to permit payment in <br />full under these settlement agreements during the first quarter of 2002. <br /> <br />Although Restorative Legislation bas not been enacted, and the agreement <br />referred to above has, in any event, terminated, Edison nevertheless proposes to <br /> <br />p.2 <br /> <br />N~2002-011 <br /> <br />.~ <br />