AND AGREES
TO BE RESPONSIBLE, AS OF THE DATE OF SUCH NOTICE, FOR ANY AND ALL ADDITIONAL
COSTS RESULTING FROM SUCH INCREASED GENERATION OF ENERGY, INCLUDING ALL
PREPAYMENTS IN CONNECTION WITH THE ACQUISITION OF NUCLEAR FUEL, WHETHER OR NOT
IT REQUIRES OR TAKES THE ADDITIONAL ENERGY DURING THE FUEL PERIOD AND WHETHER OR
NOT ANY ADDITIONAL ENERGY IS GENERATED, AND AGREES TO INDEMNIFY AND HOLD THE
OTHER PARTIES HARMLESS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, LIABILITIES
AND DAMAGES OF ANY KIND OCCASIONED IN ANY WAY BY THE OPERATION OF SUCH VOGTLE
UNIT AT SUCH INCREASED LEVEL; (II) SUCH INCREASED OPERATION WILL NOT ADVERSELY
AFFECT THE CAPABILITY OF SUCH VOGTLE UNIT THEN OR IN THE FUTURE; (III) SUCH
PARTY REQUIRING SUCH INCREASED ENERGY SHALL TAKE SUCH ENERGY ONLY AT SUCH TIME
OR TIMES AS WILL NOT INTERFERE WITH ANY OTHER PARTY'S ABILITY TO RECEIVE ITS
ENTITLEMENT TO THE ENERGY FROM SUCH VOGTLE UNIT AT THE TIMES IT WOULD OTHERWISE
HAVE RECEIVED IT; AND (IV) SUCH INCREASED GENERATION IS UNANIMOUSLY AGREED TO BY
THE OTHER PARTIES, WHICH SUCH AGREEMENT SHALL NOT BE UNREASONABLY WITHHELD.
SECTION 4.3
FUEL COSTS. EACH PARTY SHALL OWN
AN UNDIVIDED OWNERSHIP INTEREST IN NUCLEAR FUEL AND SHALL BE RESPONSIBLE FOR THE
PAYMENT OF FUEL COSTS FOR EACH VOGTLE UNIT FOR EACH FUEL PERIOD IN PROPORTION TO
ITS RESPECTIVE ENTITLEMENT TO THE ENERGY TO BE GENERATED BY SUCH
8
VOGTLE UNIT DURING SUCH FUEL PERIOD AS PROVIDED IN SECTIONS 4.1 AND 4.2 OF THIS
AGREEMENT. AT THE BEGINNING OF EACH FUEL PERIOD, THE AGENT SHALL DELIVER TO EACH
OF THE PARTIES AN AMORTIZATION SCHEDULE FOR THE FUEL COSTS PAID BY EACH PARTY
PURSUANT TO THE OWNERSHIP AGREEMENTS AND THE AMORTIZATION RATES RELATED TO SUCH
FUEL COSTS FOR THAT FUEL PERIOD. THE PARTIES SHALL PROVIDE THE AGENT WITH SUCH
INFORMATION AS IS REASONABLY REQUIRED BY THE AGENT TO DEVELOP THE AMORTIZATION
SCHEDULES DESCRIBED ABOVE. THE AGENT WILL PROVIDE THE PARTIES WITH SUCH
INFORMATION AS IS REASONABLY REQUIRED BY THEM IN ORDER TO ACCOUNT FOR SUCH
AMORTIZATION ON THEIR BOOKS. THE AGENT SHALL KEEP AN HOURLY RECORD OF THE
KILOWATT-HOURS OF ENERGY DELIVERED TO EACH PARTY FROM EACH VOGTLE UNIT AND SHALL
REPORT SUCH AMOUNTS EACH MONTH.
SECTION 4.4
TRANSACTIONS WITH OTHER SYSTEMS.
EACH PARTY SHALL BE ENTITLED TO DISPOSE OF ITS RESPECTIVE PROPORTIONATE SHARE OR
ANY PART THEREOF OF THE CAPACITY AND ENERGY GENERATED BY EACH OF THE VOGTLE
UNITS THROUGH SCHEDULED TRANSACTIONS WITH ONE OR MORE OF THE OTHER PARTIES OR
WITH OTHER SYSTEMS OR AGENCIES.
SECTION 4.5
METERING. THE AGENT SHALL INSTALL
AND/OR MAINTAIN THE NECESSARY METERING EQUIPMENT TO DETERMINE THE AMOUNTS OF NET
CAPACITY AND ENERGY FROM EACH VOGTLE UNIT MEASURED AT THE HIGH VOLTAGE TERMINALS
OF THE PLANT VOGTLE STEP-UP SUBSTATION(S). METERING RECORDS SHALL BE AVAILABLE
AT ALL TIMES TO AUTHORIZED REPRESENTATIVES OF THE PARTIES. EACH METER USED
PURSUANT TO THIS SECTION 4.5 SHALL, BY COMPARISON WITH ACCURATE STANDARDS, BE
TESTED AND CALIBRATED BY THE AGENT AT APPROXIMATE INTERVALS OF TWELVE MONTHS. IF