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<br />Fep 14 02 OS:26~ Public Wcrks <br />F.b-IA-/OOZ 01 :S9p, Fr~,-SCE iF Rmurm <br /> <br />7146473345 <br />m 10/ 9m T.16~ P 003/007 H,/ <br /> <br />p.3 <br /> <br />NIr. Tholll Coughran <br />February 14,2002 <br />Page 2 <br /> <br />pay to Seller its portion of the Suspended Payments ("Seller's Suspended Payment <br />Amount"), including accrued interest thereon, at the same time Edison makes <br />such payments to QFs that Me parties to amended settlement agreements, <br />provided that Seller releases EdisOll from any claims concerning the payment <br />suspension. Additi,maUy, consistent with the terms accepted by other QFs, , the <br />release includes a waiver of the semi-Illonthly payments initiated by the <br />California Public Utilities Commission in Decision No. 01-03.067,which payment <br />scheme has proven to be unduly burdensome to implement. If Seller accepts the <br />terms of this proposal, Seller's Suspend.ed Payment Amount would be calculated <br />in the manner set forth below. <br /> <br />This letter is intended only to identify what Edison will require if Seller <br />desires to receiue Seller's Suspended Payment Amount at the same time <br />that other QFs that are parties to amended 6ett/ement agreem.ents with <br />Edison receive Suspended Paymenls. Thi6 letter is not a commitment or <br />undertaking by Edison that Edison will ""ok.. such a payment to Seller. As <br />such, this letter shall not be construed as an admission by Edison. that any <br />a11Ulunt is owed by Edi60n to Seller or as a representation that all or a <br />portion of Seller's Suspen.ded Payment Amount will be paid to Seller by a <br />particular date or at all. <br /> <br />Enclosure A is an agreement by Seller to release Edison from claims and potential <br />claims concerning the payment suspension if Edison pays Seller's Suspended <br />Payment Amount by no later than May 31, 2002. The release also contains a <br />waiver by Seller of the right to receive semi-monthly payments for energy and <br />capacity under D.Ol.03-067 or otherwise. If payment is not made by May 31, <br />2002. the release will become null and void and its provi5ions will not become <br />effective. If payment is made by that date, the release will go into effect and <br />monthly payment calculation and processing under the power purchase <br />agreement will resume (unless Seller's particular agreement provides otherwise). <br />In order for Edison to pay Seller's Suspended Payment Amount to Seller at the <br />same time that Edison pays the Suspended Payments to other QFs, Edison must <br />receive Enclosure A, executed by Seller, no later than 5:00 p.m. Pacific Time <br />February 19, 2002. <br /> <br />Exhibit I to Enclosure A shows the amount of Seller's Sllspended Payment <br />Amount that would be paid as of March 1, 2002 if Seller accepts the terms of this <br />proposal. If the payment were made before or after March 1, 2002, the interest <br />component of Seller's Suspended Payment Amount, as provided for in EKhibit 1, <br />would be decreased or increased. as appropriate. Seller's Suspended Payment <br />Amount is equal to 100% of the principal amount of Seller's portion of the <br />Suspended Payments, as calculated by Edison pursuant to Seller's power <br />purchase agreement (including, if applicable, payments calculated at Edison's full <br />