OR THE PX MARKETS DURING THE PRE-OCTOBER PERIOD AND THE
REFUND PERIOD, AND SHALL NOT ENCOMPASS PAYMENT OF CLAIMS ARISING FROM OTHER
TRANSACTIONS OR IN ANY OTHER PROCEEDING, AND (II) SHALL NOT, IN ANY EVENT,
EXCEED THE TOTAL AMOUNT OF REFUNDS AND/OR OFFSETS ALLOCATED TO THAT CALIFORNIA
PARTY PURSUANT TO THIS AGREEMENT FOR THE APPLICABLE PERIOD AS SET FORTH IN THE
FERC REFUND ALLOCATION MATRIX.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS
AGREEMENT SHALL REQUIRE THE CALIFORNIA PARTIES TO BEAR ANY LIABILITY TO ANY
PARTY RELATING TO (I) RELIANT SALES OUTSIDE OF THE ISO AND PX FOR THE PERIOD
JANUARY 1, 2000 THROUGH JUNE 20, 2001 OR (II) FOR ANY RELIANT TRANSACTIONS PRIOR
TO JANUARY 1, 2000 OR AFTER JUNE 20, 2001.
6.10
RELIANT SETTLEMENTS WITH NON-SETTLING PARTICIPANTS.
THE RELIANT
PARTIES RETAIN THE RIGHT TO NEGOTIATE WITH AND ENTER INTO SETTLEMENTS OF CLAIMS
WITH NON-SETTLING PARTICIPANTS, AND SUCH SETTLEMENTS MAY, SUBJECT TO ANY
NECESSARY APPROVALS, ESTABLISH THE AMOUNT OF REFUNDS PAYABLE TO SUCH
NON-SETTLING PARTICIPANTS BY THE RELIANT PARTIES, BUT, ABSENT WRITTEN CONSENT OF
EACH OF THE CALIFORNIA PARTIES, ACTING IN THEIR SOLE DISCRETION, THE AMOUNT OF
ANY SUCH SETTLEMENT THAT WILL BE PAID FROM THE RELIANT REFUND ESCROW, THE
CALIFORNIA LITIGATION ESCROW, OR OTHERWISE BY THE CALIFORNIA PARTIES MAY NOT
EXCEED THE AMOUNT THAT WOULD HAVE BEEN ALLOCATED TO THAT NON-SETTLING
PARTICIPANT IF IT HAD BECOME AN OPT-IN PARTICIPANT.
6.11
CERS AMOUNT.
FROM THE AMOUNT OF REFUNDS THAT OTHERWISE ARE DUE TO
CERS PURSUANT TO SECTION 6.4.1 (EXCLUDING ANY REFUNDS ALLOCATED TO SHORT TERM
BILATERAL SALES MADE TO CERS BY RELIANT), AN AMOUNT DETERMINED SOLELY BY CERS
SHALL BE WITHHELD IN THE RELIANT REFUND ESCROW, OR OTHER ESCROW SPECIFIED BY
CERS, IN ORDER TO PAY ANY CLAIMS AGAINST CERS ARISING UNDER SECTION 6.5.3 AND
ANY OF SECTIONS 6.12.1 THROUGH 6.12.5 (AMOUNTS HELD IN ESCROW PURSUANT TO THIS
SECTION 6.11 ARE DENOTED AS THE "CERS ESCROW").
CERS MAY WITHDRAW FUNDS FROM
THE CERS ESCROW (I) FROM TIME TO TIME WITH THE PRIOR WRITTEN CONSENT OF THE
CALIFORNIA UTILITIES IF CERS CAN DEMONSTRATE TO THE REASONABLE SATISFACTION OF
THE CALIFORNIA UTILITIES THAT, AFTER GIVING EFFECT TO SUCH WITHDRAWAL, THE CERS
ESCROW SHALL HAVE SUFFICIENT FUNDS ON DEPOSIT TO SATISFY IN FULL THE
AFOREMENTIONED OBLIGATIONS, AND (II) IN WHOLE OR IN PART FOLLOWING THE LATER TO
OCCUR OF THE FOLLOWING, PROVIDED THAT ALL CLAIMS OF CERS ARISING UNDER
SECTION 6.5.3 OR ANY OF
28
SECTIONS 6.12.1 THROUGH 6.12.5 HAVE BEEN PAID IN FULL:
(A) ISSUANCE BY FERC OF
THE FERC RECEIVABLES DETERMINATION AND THE FINAL RESOLUTION OF ANY REQUESTS FOR
REHEARING OR ANY APPEALS THEREOF, OR, IF NO SUCH REQUESTS FOR REHEARING OR
APPEALS ARE FILED, THE LAPSE OF ANY PERIOD WITHIN WHICH SUCH REQUESTS OR APPEALS
MUST BE FILED; (B) ISSUANCE BY FERC OF THE FERC REFUND DETERMINATION AND THE
FINAL RESOLUTION OF ANY REQUESTS FOR REHEARING OR ANY APPEALS THEREOF, OR, IF NO
SUCH REQUESTS FOR REHEARING OR APPEALS ARE FILED, THE LAPSE OF ANY PERIOD WITHIN
WHICH SUCH