THE OPERATION OF THE CALIFORNIA OR WESTERN ELECTRICITY
MARKETS DURING THE PERIOD FROM JANUARY 1, 2000 THROUGH JUNE 20, 2001, PROVIDED
RELIANT IS GIVEN REASONABLE TIME TO COMPLY.
SUCH COOPERATION AS SET FORTH IN
THIS SECTION 5.4.1 SHALL BE EFFECTIVE AS OF THE SETTLEMENT EFFECTIVE DATE.
5.4.2
RESPONSIBILITY FOR COSTS.
EACH OF THE CALIFORNIA PARTIES OR
CLASS ACTION PARTIES THAT INVOKES ITS RIGHTS UNDER THE FOREGOING PROVISIONS TO
OBTAIN RELIANT'S COOPERATION SHALL REIMBURSE RELIANT FOR REASONABLE
OUT-OF-POCKET EXPENSES (EXCEPT FOR ATTORNEYS' FEES) INCURRED BY RELIANT IN
CONNECTION WITH PROVIDING THAT PARTY OR PARTIES THE COOPERATION SPECIFIED IN
SECTION 5.4.1.
ONLY PARTIES THAT HAVE MADE A REQUEST FOR COOPERATION UNDER
SECTION 5.4.1 SHALL BE RESPONSIBLE TO RELIANT FOR SUCH REIMBURSEMENT OF COSTS
ASSOCIATED WITH THE REQUEST.
18
5.5
EXTENSION OF CERTAIN POWER SALES CONDITIONS.
RELIANT WILL COMPLY
WITH THE FOLLOWING POWER SALES CONDITIONS (FROM ARTICLE IV, SECTION 3 OF THE
RELIANT/OMOI SETTLEMENT) WITH RESPECT TO ITS SALES OF ELECTRICITY IN THE WECC
THROUGH DECEMBER 31, 2006.
RES WILL SELL POWER (OTHER THAN ANY POWER THAT MAY
BE THE SUBJECT OF THE AUCTION DESCRIBED IN SECTION IV, PARAGRAPH 4 OF THE
RELIANT/OMOI SETTLEMENT) AT MARKET-BASED RATES SUBJECT TO THE FOLLOWING
CONDITIONS:
5.5.1
RELIANT TO PROVIDE MONTHLY REPORTS TO OMOI.
RES'S SALES OF
ELECTRICITY IN THE UNITED STATES PORTION OF THE WECC WILL BE SUBJECT TO REVIEW
BY FERC.
DURING THE PERIOD ENDING DECEMBER 31, 2006, RES SHALL PROVIDE MONTHLY
REPORTS TO OMOI, INCLUDING THE INFORMATION IN SECTION 5.5.2, PURSUANT TO THE
CONFIDENTIALITY PROVISIONS OF 18 C.F.R. § 388.112 (2005).
SUCH REPORTS SHALL BE
PROVIDED TO OMOI WITHIN TEN (10) BUSINESS DAYS OF THE END OF EACH CALENDAR MONTH
THROUGH DECEMBER, 2006.
5.5.2
REPORTS TO INCLUDE DATA ON ELECTRICITY TRADES.
ON A
TRANSACTION-BY-TRANSACTION BASIS, RES SHALL PROVIDE TO OMOI DATA ON ALL ITS
COMPLETED ELECTRICITY TRADES IN THE UNITED STATES PORTION OF THE WECC.
THE DATA
SHALL INCLUDE COUNTER-PARTY NAME AND BUY-SELL INDICATION, AND IF EXECUTED ON AN
ELECTRONIC TRADING PLATFORM, THE NAME OF THE ELECTRONIC TRADING PLATFORM.
THE
REPORTS SHALL FURTHER PROVIDE PRICE, QUANTITY, TRANSACTION DATE, START AND END
DATE, AND DELIVERY POINT FOR EACH TRANSACTION.
RES SHALL PROVIDE ANY ADDITIONAL
INFORMATION REGARDING SUCH TRADES AS OMOI REASONABLY REQUESTS.
5.5.3
RELIANT COMMUNICATIONS SUBJECT TO OMOI REVIEW.
RES SHALL PROVIDE
OMOI UPON REQUEST, PURSUANT TO THE CONFIDENTIALITY PROVISIONS OF 18 C.F.R.
§ 388.112 (2005), WITH COPIES OF EMAILS, INSTANT MESSAGES (E.G., AOL INSTANT
MESSAGES) AND TELEPHONE CONVERSATIONS OF RES'S POWER TRADERS WITH MARKET
PARTICIPANTS FOR TRANSACTIONS IN THE UNITED STATES PORTION OF THE WECC THAT OMOI
RANDOMLY REQUESTS FOR REVIEW BY OMOI.
TO FACILITATE OMOI'S REVIEW, RES WILL
RETAIN COPIES OF EMAILS OF EMPLOYEES TRADING ELECTRICITY IN THE UNITED STATES
PORTION OF THE WECC BEGINNING ON THE EFFECTIVE DATE OF THE RELIANT/OMOI
SETTLEMENT AND CONTINUING THEREAFTER ON A ROLLING SIX-MONTH BASIS.
BEGINNING
WITH THE EFFECTIVE DATE OF THE RELIANT/OMOI SETTLEMENT AND CONTINUING FOR THREE
YEARS THEREAFTER, RES WILL ALSO RETAIN COPIES, IN AUDIOTAPE OR ELECTRONIC AUDIO
FILE FORMAT, OF ALL TELEPHONE CONVERSATIONS