Unassociated Document


Exhibit 10-10







FirstEnergy
Solutions Corp.

First Revised
Service Agreement No.1

FERC Electric
Tariff, Original Volume No.1

 

 

REVISED
ELECTRIC POWER SUPPLY AGREEMENT

 

Between
FirstEnergy Solutions Corp., Seller

 

And the
FirstEnergy Operating Companies, Buyer

 

 

 

 

This
Revised Electric Power Supply Agreement ("Agreement") effective as of
October 1, 2003, is made by and between FirstEnergy Solutions Corp.,
("Solutions" or "Seller"), and the following FirstEnergy Operating Companies:
The Cleveland Electric Illuminating Company, Ohio Edison Company, Pennsylvania
Power Company and The Toledo Edison Company (collectively referred to as "FEOCs"
or "Buyer"). Solutions and FEOCs may be identified collectively as "Parties" or
individually as a "Party." This Agreement is entered into in connection with the
transfer of operating control and ultimately ownership of FEOCs' generation
assets to Solutions or its affiliates pursuant to Ohio electric restructuring
legislation and the FEOCs' transition plan approved by the Ohio Public Utilities
Commission in Case No. 99-1212-EL-ETP, et al.
(hereinafter, "Ohio
Transition Plan").

 

WHEREAS, Seller has
purchased the electric output of nuclear generating units and a portion of the
Mansfield generating units owned or leased by the Buyer, the electric output of
all generating facilities owned or operated by its subsidiary, FirstEnergy
Generation Corp., and power from

unaffiliated
companies (collectively referred to as "Generating Resources"); and

 

WHEREAS, Seller is
or will be engaged inter alia,
in the business of
generating, purchasing, and selling electric power at wholesale and retail;
and

 

WHEREAS, Buyer
desires to obtain from Seller sufficient power to satisfy its obligations to
customers and third-party suppliers under its Ohio Transition Plan, Pennsylvania
law, and other applicable contractual or regulatory requirements, pursuant to
the rates, terms and conditions set forth herein.

 

WHEREAS, Seller and
Buyer desire to revise their December 29, 2000 Agreement to effectuate the
inclusion of the FirstEnergy Control Area in the Midwest ISO, and to make other
clarifying changes.

 

It is agreed as
follows:

-
--


 







1















 

I. 
TERM

 

The sale
and purchase of electric power pursuant to this Agreement began on January 1,
2001, and shall remain in effect until December 31, 2005, or such earlier date
as terminated by either Party upon at least sixty days written notice to the
other Party.





 


	A.  	Seller shall
      make available or cause to be made available to Buyer firm electric
      Capacity and Energy from the electric Generating Resources sufficient to
      satisfy Buyer's power supply requirements under the Ohio Transition Plan,
      Pennsylvania law, and other contractual or regulatory requirements. Seller
      shall make such firm Capacity and Energy available at the Delivery Points.
      Seller will also provide all Real Power Losses required by Buyer at and
      from the Delivery Point. The Capacity, Energy, and Real Power Losses
      supplied by Seller are collectively referred to as Buyer's "Power Supply
      Requirements." Electric Capacity and Energy supplied shall be sixty-hertz,
      three phase alternating current. The Power Supply Requirements will be
      provided in accordance with Good Utility Practice, and where applicable,
      the provisions of American Transmission Systems, Incorporated's Open
      Access Transmission Tariff (OATT), or successor OATT of any entity that
      assumes ownership or operation of the transmission system of American
      Transmission Systems, Incorporated.



 

II.  SALE AND PURCHASE OF
CAPACITY AND ENERGY

 


	B.  	Buyer will
      purchase its full Power Supply Requirements from Seller during the term of
      this Agreement. Buyer will receive and pay for the Power Supply
      Requirements in accordance with Article IV of this Agreement. Buyer will
      be responsible for all transmission service at and from the Delivery
      Points except to the extent provided in Section II.A. Buyer may designate
      Seller as its agent for the purpose of arranging for transmission service,
      including settlement and bill payment for such service, necessary to
      transmit the Buyer's Power Supply Requirements under this
    Agreement.



 

III. 
SCHEDULING AND SYSTEM PLANNING

 


	A.  	On or before
      November 1 of each
      year during
      the term of this Agreement, Buyer will inform Seller of its initial annual
      Capacity and Energy forecast for the next calendar year. Such initial
      annual forecast shall include: (a) Buyer's total service area load for the
      year, by month, (b) the portion of total service area load expected by
      Buyer to be supplied by third-party suppliers, including any power
      self-supplied by the Buyer, by month, and (c) the remaining portion of
      Buyer's total service area load expected to represent Buyer's Power
      Requirements, by month. Based on Buyer's initial annual forecast, as well
      as other information that may be communicated between Buyer and Seller as
      necessary and appropriate for system planning, Seller shall procure the
      necessary Generation Resources and develop forecasts of Buyer's Power
      Supply Requirements on a weekly, daily and hourly basis, and shall
      periodically update such forecasts to reflect current
    circumstances.






 







2












_

 


	B.  	On or before
      April 1, Buyer shall update its initial annual forecast for any full
      month(s) remaining in the calendar year. Seller shall invoice Buyer
      according to such adjusted Power Supply Requirements, if applicable, in
      accordance with Section IV.A.



 

 


	C.  	Buyer and
      Seller acknowledge that Buyer's Power Supply Requirements may vary from
      the forecasts provided under this Section III. Seller understands that it
      is responsible for supplying the
      total Power Supply Requirements, even if the Power Supply Requirements
      differ from the forecasted levels. Seller shall be entitled to sell
      Capacity and Energy to which Buyer is entitled, but does not use, to third
      parties for Seller's own account and at its own risk, and shall have no
      obligation to account to Buyer or share with Buyer any revenues received
      by Seller as a result of such sales; provided, however, that nothing in
      this Section, or in this Agreement as a whole, shall excuse or limit
      Seller's obligation to provide to Buyer in any period Buyer's total Power
      Supply Requirements.



 


	D.  	At Buyer's
      request, Seller shall provide its current or near term incremental cost of
      purchased power from third parties in sufficient detail as is necessary
      for Buyer to implement and administer its contracts with retail customers.
      Any purchased power data furnished to Buyer shall be treated as
      confidential information under Section VII.3 of this
  Agreement.



 

 


	IV.  	PRICE



 

Seller shall
charge, and Buyer sha1l pay, for Buyer's Power Supply Requirements, as
follows:

 


	A.  	Capacity
      Charges



 

Buyer will pay
Seller one twelfth of the Capacity charge set forth in Exhibit A for each kW of
annual billing demand. The annual billing demand is the greater of the Buyer's
highest forecast peak for the year or Buyer's actual peak at the time of the
FirstEnergy Control Area's annual coincident peak, multiplied by a factor of
1.12 to account for reserve requirements. The annual billing demand shall be
adjusted for Real Power Losses incurred on the Transmission Provider's
System.

 


	B.  	Energy
      Charges



 

In
addition to the Capacity charges specified above, Buyer shall pay Seller the
Energy charge per MWh set forth in Exhibit A for all Energy supplied by Seller
to Buyer except for Buyer's pro rata share of energy provided under Section IV.
C. below. The Energy supplied by Seller includes Real Power Losses. Buyer shall
provide Seller aggregated metered sales in sufficient detail for Seller to
determine after the fact, the quantity of Energy supplied to Buyer during a
billing period. Buyer and Seller will abide by all applicable Code of Conduct
provisions in exchanging this data, and such data will be considered
Confidential Information under Section VII.3 of this Agreement.




 







3









 


	C.  	Other
      Charges



 


	1.  	Purchased
      Power Adjustment.



 

In
addition to the charges specified above, Buyer will pay a monthly charge equal
to its pro rata share of the total cost of purchased Power ("Purchased Power")
incurred by Seller for delivery to the FirstEnergy Control Area in the previous
calendar month. The total cost of purchased Power for a month shall be
calculated by adding the total of such amounts delivered to the FirstEnergy
Control Area and booked to FERC Account 555 or equivalent accounts maintained by
Services. The pro rata share of total cost payable by Buyer shall be determined
in accordance with Exhibit A.

 


	2.  	Taxes.



 

If
a revenue or per MWH tax is imposed on Capacity, Energy, or Purchased Power sold
under this Agreement the Buyer will reimburse the Seller for such
taxes.

 


	3.  	Capacity
      Charge True Up.



 

In
the event that the annual billing demand is increased during the course of a
calendar year as a result of either an increase in the forecast demand under
Section III.B., or a higher actual demand under Section IV.A., any shortfall in
the annual capacity charges due Seller shall be included in the December invoice
to Buyer. The shortfall amount shall be separately stated on the December
invoice and shall be due and payable in accordance with Section
IV.D.

 


	D.  	Unless
      otherwise specifically agreed upon by the Parties, the calendar month
      shall be the standard period for all payments under this Agreement. As
      soon as practicable after the end of each month, the Seller will render-an
      invoice to Buyer for the amounts due for Power Supply Requirements for the
      preceding month. Payment shall be due and payable within ten days of
      receipt of the invoice or, if such day is not a Business Day, then on the
      next Business Day. Buyer will make payments by electronic funds transfer,
      or by other mutually agreeable method(s) to the account designated by
      Seller. Any amounts not paid by the due date will be deemed delinquent and
      will accrue interest at the Interest Rate until the date of payment in
      full.



 

 


	E.  	Each Party
      shall keep complete and accurate records of its operations under this
      Agreement and shall maintain such data as may be necessary to determine
      the reasonableness and accuracy of all relevant data, estimates, or
      invoices submitted by or to it hereunder. All records regarding this
      Agreement shall be maintained for a period of two years from the date of
      the invoice or payment, or such longer period as may be required
      by
    law.















4











 

 

 


	F.  	Buyer shall
      have the right, at its own expense and during normal business hours, to
      audit the accounts and records of Seller that reasonably relate to the
      provision of service under this Agreement. If the audit reveals an
      inaccuracy in an invoice, the necessary adjustment in
      such invoice and the payments therefor will be promptly made. No
      adjustment will be made for any invoice or payment made more than two
      years from rendition thereof. This provision shall survive the termination
      of this Agreement for a period of two years from the date of termination
      for the purpose of such invoice and payment objections. To the extent that
      audited information includes Confidential Information, the Buyer shall
      keep all such information confidential under Section
VII.3.



 

 


	G.  	Nothing
      contained herein shall be construed as affecting in any way the right of
      the Party furnishing service under this Agreement to unilaterally make
      application to the Federal Energy Regulatory Commission for a change in
      rates under Section 205 of the Federal Power Act and pursuant to the
      Commission's Rules and Regulations thereunder.



 


	V.  	METERING



 

Generation metering
shall be installed, operated and maintained in accordance with the applicable
interconnection agreement between the generator and Transmission Provider.
Metering between control areas shall be handled in accordance with the
applicable Open Access Transmission Tariff. Retail metering shall be provided in
accordance with applicable state law. Nothing in this Agreement requires Seller
or Buyer to install new metering facilities.

 


	VI.  	NOTICES



 

All notices,
requests, statements or payments shall be made as specified below. Notices
required to be in writing shall be delivered by letter, facsimile or other
documentary form. Notice by facsimile or hand delivery shall be deemed to have
been received by the close of the Business Day on which it was transmitted or
hand delivered (unless transmitted or hand delivered after close in which case
it shall be deemed received at the close of the next Business day). Notice by
overnight mail or courier shall be deemed to have been received two Business
Days after it was sent. A Party may change its addresses by providing notice of
same in accordance herewith.

 

 

 

NOTICES &
CORRESPONDENCE:

 

 




	
      To
      Seller:
	
      FirstEnergy
      solutions Corp.
	
      To
      Buyer:
	
      FirstEnergy
      Operating Companies

	 	
      Vice
      President-Commodity Supply
	 	
      Senior Vice
      President

	 	
      395 Ghent
      Road
	 	
      76 South Main
      Street

	 	
      Akron, Ohio
      44333
	 	
      Akron, Ohio
      44308








 







5












INVOICES &
PAYMENTS:

 




	
      To
      Seller:
	
      FirstEnergy
      Solutions Corp.
	
      To
      Buyer:
	
      FirstEnergy
      Operating Companies

	 	
      Manager,
      Power Commodity
	 	
      Manager,
      Rates and Contracts

	 	
      Accounting
	 	
      Administration

	 	
      395 Ghent
      Road
	 	
      76 South Main
      Street

	 	
      Akron, Ohio
      44333
	 	
      Akron, Ohio
      44308




 


 

 

SCHEDULING:




	
      To
      Seller:
	
      FirstEnergy
      Solutions Corp.
	
      To
      Buyer:
	
      FirstEnergy
      Operating Companies

	 	
      Manager,
      Electric Logistics
	 	
      Manager,
      Rates and Contracts

	 	
      395 Ghent
      Road
	 	
      Administration

	 	
      Akron, Ohio
      44333
	 	
      76 South Main
      Street

	 	 	 	
      Akron, Ohio
      44308







 


	VII.  	MISCELLANEOUS



 

 


	7.1  	Performance
      Excused.



 

If either Party is
rendered unable by an event of Force Majeure to carry out, in whole or part, its
obligations hereunder, then, during the pendency of such Force Majeure, but for
no longer period, the Party affected by the event (other than the obligation to
make payments then due or becoming due with respect to performance which
occurred prior to the event) shall be relieved of its obligations insofar as
they are affected by Force Majeure. The Party affected by an event of Force
Majeure shall provide the other Party with written notice setting forth the full
details thereof as soon as practicable after the occurrence of such event and
shall take all reasonable measures to mitigate or minimize the effects of such
event of Force Majeure; provided, however, that this provision shall not require
Seller to deliver, or Buyer to receive, Power at Delivery Points other than
those Delivery Points designated under this Agreement.

Force Majeure shall
be defined as any cause beyond the reasonable control of, and not the result of
negligence or the lack of diligence of, the Party claiming Force Majeure or its
contractors or suppliers. It includes, without limitation, earthquake, storm,
lightning, flood, backwater caused by flood, fire, explosion, act of the public
enemy, epidemic, accident, failure of facilities, equipment or fuel supply, acts
of God, war, riot, civil disturbances, strike, labor disturbances, labor or
material shortage, national emergency, restraint by court order or other public
authority or governmental agency, interruption of synchronous operation, or
other similar or dissimilar causes beyond the control of the Party affected,
which causes such Party could not have avoided by exercising good, electric
operating practice. Nothing contained herein shall be construed to require a
Party to settle any strike, lockout, work stoppage, or other industrial
disturbance or dispute in which it may be involved or to take an appeal from any
judicial, regulatory or administrative action.













6















 


	7.2  	Transfer
      of Title and Indemnification



 

Title and risk of
loss related to the Power Supply Requirements shall transfer to the Buyer at the
Delivery Points. Seller warrants that it will deliver the Power Supply
Requirements to Buyer free and clear of all liens, security interests, claims
and encumbrances or any interest therein or thereto by any person arising prior
to the Delivery Points. Each Party shall indemnify, defend an hold harmless the
other Party from and against any claims arising from or out of any event,
circumstance, act or incident first occurring or existing during the period when
control and title to the Power Supply Requirements is vested in the other
Party.

 


	7.3  	Confidentiality



 

Neither Party shall
disclose to third parties Confidential Information obtained from the other Party
pursuant to this Agreement except in order to comply with any applicable law,
regulation, or any exchange, control area, or independent system operator rule,
or in connection with any court or regulatory proceeding. Provided, however,
that each Party shall to the extent practicable use reasonable efforts to
prevent or limit the disclosure required to be provided to third
parties.

 


	7.4  	Further
      Assurances.



 

Subject to the
terms and conditions of this Agreement, each of the Parties hereto will use
reasonable efforts to take, or cause to be taken, all action, and to do, or
cause to be done, all things necessary, proper or advisable under applicable
laws and regulations to consummate and effective the transactions contemplated
hereby.

 


	7.5  	Amendment.



 

This Agreement may
be amended only by a written agreement signed by the Parties.

 


	7.6  	Assignment.



 

Unless mutually
agreed to by the Parties, no assignment, pledge, or transfer of this Agreement
shall be made by any Party without the prior written consent of the other Party,
which shall not be unreasonably withheld, provided, however, that no prior
written consent shall be required for (i) the assignment, pledge or other
transfer to another company or affiliate in the same holding company system as
the assignor, pledgor or transferor, or (ii) the transfer, incident to a merger
or consolidation with, or transfer of all (or substantially all) of the assets
of the transferor, to another person or business entity; provided, however, that
such assignee, pledgee, transferee or acquirer of such assets or the person with
which it merges or into which it consolidates assumes in writing all of the
obligations of such Party hereunder and provided, further, that either Party
may, without the consent of the other Party (and without relieving itself from
liability hereunder), transfer, sell, pledge, encumber or assign such Party's
rights to the accounts, revenues or proceeds hereof in connection with any
financing or other financial arrangements.













7














 


	7.7  	Governing
      Law.



 

The interpretation
and performance of this Agreement shall be according to and controlled by the
laws of the State of Ohio regardless of the laws that might otherwise govern
under applicable principles of conflicts of laws.

 


	7.8  	Counterparts.



 

This Agreement may
be executed in two or more counterparts and each such counterpart shall
constitute one and the same instrument.

 


	7.9  	Waiver.



 

No waiver by a
Party of any default by the other Party shall be construed as a waiver of any
other default. Any waiver shall be effective only for the particular event for
which it is issued and shall not be deemed a waiver with respect to any
subsequent performance, default or matter.

 


	7.10  	No
      Third Party Beneficiaries.



 

This Agreement
shall not impart any rights enforceable by any third party (other than a
permitted successor or assignee bound to this Agreement).

 


	7.11  	Severability.



 

Any provision
declared or rendered unlawful by any applicable court of law or regulatory
agency or deemed unlawful because of a statutory change will not otherwise
affect the remaining lawful obligations that arise under this
Agreement.

 


	7.12  	Construction.



 

The term
"including" when used in this Agreement shall be by way of example only and
shall not be considered in any way to be a limitation. The headings used herein
are for convenience and reference purposes only.




 

 







8


















IN
WITNESS WHEREOF, the Parties have caused their duly authorized representatives
to execute this Revised Electric Power Supply Agreement on their behalf as of
August 27, 2003.

 

 



	
       FirstEnergy Solutions
Corp.

       

       

       
	 	 	
       The Cleveland Electric Illuminating
      Company

       Ohio Edison Company

       The Toledo Edison Company

	/s/ R. H. Marsh	 	 	/s/ E. T. Carey
	
      

    	 	 	
      

    
	
      R. H. Marsh

      Senior V.P.
	 	 	E. T. Carey
Senior
    V.P.




 

 



	 	 	 	
       Pennsylvania Power Company

       

       

		 	 	/s/ E. T. Carey
		 	 	
      

    
	

	 	 	
      E. T. Carey

      Senior
V.P.






 

 

 







9















Exhibit
A

1. Capacity
Charges

 

 




	 	 	
      2001
	 	
      2002
	 	
      2003
	 	
      2004
	 	
      2005
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Annual price
      per kW
	 	 	28.77
	 	 	31.15
	 	 	31.41
	 	 	34.04
	 	 	32.78
	 






 

 

2. Energy
Charges

 

 




	 	
      2001
	
      2002
	
      2003
	
      2004
	
      2005

	
       
	 	 	 	 	 
	
      $/MWH
	
      23.62
	
      22.94
	
      25.13
	
      25.82
	
      25.42







 

 

 

3.
Purchased Power Adjustment

 

 

The monthly
purchased power adjustment shall be equal to:

 




	
      Buyer’s Power
      Supply Requirements (MWH)
	 	
      Sum of
      Purchased Power in dollars

	 
      

    	
      X
	
      Delivered to
      the Control Area

	
      Seller’s
      Total Supply Delivered to Control Area
	 	 
	
      (MWH)
	 	 






 

4.
Taxes

 

 Will be
applied on a per MWH basis if applicable.

 







10














 

Exhibit
B

 DEFINITIONS

 

 

 

 

 

In addition to
terms defined elsewhere in this Agreement, the terms listed below are defined as
follows:

 

Affiliate
means, with respect to any person, any other person (other than an individual)
that, directly or indirectly, through one or more intermediaries, controls, or
is controlled by, or is under common control with, such person. For purposes of
the foregoing definition, A control means the direct or indirect ownership of
more than fifty percent (50%) of the outstanding capital stock or other equity
interests having ordinary voting power or ability to direct the affairs of the
affiliate.

 

American
Transmission Systems, Incorporated or ATSI means the
wholly owned subsidiary of FirstEnergy Corp. that owns, operates, or controls
facilities used for the transmission of Energy within the FirstEnergy Control
Area.

 

Business
Day means any day on which Federal Reserve member banks in New York
City are open for business.

 

Capacity
means the resource that produces electric Energy, measured in
megawatts.

 

Delivery
Point means, where Capacity and Energy are supplied from generating
facilities owned or controlled by the Seller within the FirstEnergy Control
Area, the point of interconnection between the generating facility and the
transmission facilities of American Transmission Systems, Incorporated. Delivery
Point means, where Capacity and Energy are supplied from generating resources
outside of the FirstEnergy Control Area, the interface between the facilities of
the adjacent control area and the facilities of American Transmission Systems,
Inc.

 

 

Energy
means electric energy delivered under this Agreement at three-phase, 60-hertz
alternating current measured in megawatt hours.

 

FERC
means The Federal Energy Regulatory Commission or its regulatory
successor.

 

FirstEnergy
Control Area means the electric power system owned or controlled by
affiliates of FirstEnergy Corp. to which a common automatic generation control
scheme is applied in order to:

 


	  	1)  
      match,
      at all times, the power output of the generators within the electric power
      system, and Capacity and Energy purchased from entities outside the
      electric   power system, with the load within the electric
      power system;



 



	 	2)  
      maintain
      scheduled interchange with other control areas within the limits of Good
      Utility Practice;




 

  
3)   maintain the frequency of the electric power system within
reasonable limits in accordance with Good Utility
Practice; and

 

  
4)   provide sufficient generating capacity to maintain operating
reserves in accordance with Good Utility
Practice.

 

           
Force Majeure has the meaning given in Section
7.1.

 

Good
Utility Practice means any of the practices, methods and acts engaged
in or approved by a significant portion of the electric utility industry during
the relevant time period or any of the practices, methods and acts which, in the
exercise of reasonable judgment in light of the facts known at the time
the




 







11












decision was made,
could have been expected to accomplish the desired result at a reasonable cost
consistent with good business practices, reliability, safety, and expedition.
Good Utility Practice is not intended to be limited to the optimum practice,
method or act to the exclusion of all others, but rather to be acceptable
practices, methods or acts, generally accepted in the region and consistently
adhered to by utilities in the region.

 

Interest
Rate means the lesser of
Prime Rate plus two percent and the maximum lawful rate permitted by applicable
law.

 

NERC
means The North
American Electric Reliability Council.

 

Power
means Capacity
and/or Energy.

 

Prime Rate
means for any date,
the per annum rate of interest announced from time to time by Citibank, N.A., as
its prime rate for commercial loans, effective for such date as established from
time to time by such bank.

 

Real Power
Losses means Capacity and
Energy supplied to compensate for losses that occur when Power is delivered over
transmission and distribution facilities.

 

Taxes
means all ad
valorem, property, occupation, utility, gross receipts, sales, use, excise and
other taxes, governmental charges, licenses, permits and assessments, other than
taxes based on net income or net worth.

 

Transmission
Provider means the utility,
regional transmission organization, or utilities, including ATSI, transmitting
Power on behalf of Buyer to or from the Delivery Point(s) under this
Agreement.










12


















 

 

\

,

FEDERAL
ENERGY REGULATORY COMMISSION 

WASHINGTON,
D.C. 20426

 

 

September
25,2003

 

 

 


	To:  	FirstEnergy
      Solutions
      Corp.                                       
                                           
       Docket No.
      ER03-1256-000



 


	Re:  	Revised power
      sales agreement (Agreement) with FirstEnergy Operating
  Companies



 

 

Pursuant to
authority delegated to the Director, Division of Tariffs and Markets Development
- Central, under 18 C.F.R. 375.307, your Agreement is accepted for filing to
become effective October 1, 2003. The proposed filing revises the original power
sales agreement to reflect ministerial changes and to clarify existing billing
practices.

 

Under 18 C.F.R.
385.210, interventions are timely if made within the time prescribed by the
Secretary. Under 18 C.F.R. 385.214, the filing of a timely motion to intervene
makes the movant a party to the proceeding, if no answer in opposition is filed
within fifteen days. The filing of a timely notice of intervention makes a State
Commission a party to the proceeding.

 

This action does
not constitute approval of any service, rate, charge, classification, or any
rule, regulation, contract, or practice affecting such rate or service provided
for in the filed documents; nor shall such action be deemed as recognition of
any claimed contractual right or obligation affecting or relating to such
service or rate; and such action is without prejudice to any findings or orders
which have been or may hereafter be made by the Commission in any proceeding now
pending or hereafter instituted by or against any of the
applicant(s).

 

This order
constitutes final agency action. Requests for rehearing by the Commission may be
filed within 30 days of the date of issuance of this order, pursuant to 18
C.F.R. 385.713.

 

Sincerely,

 

 

 

 

Michael C.
McLaughlin, Director

Division of Tariffs
and Market Development - Central

 

 

 







13