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flexibility in all of its contracts, the actual number and
specifications of the fuel assemblies ordered were established by
purchase order and paid pursuant to invoices.
Power Contracts and Amendments
In regards to the operation and maintenance of the plant,
the power contracts entered into between petitioner and owners,
who were also purchasers, state:
Maine Yankee [petitioner] will operate and
maintain the Unit [plant] in accordance with good
utility practice under the circumstances and all
applicable law, including the applicable provisions of
the Atomic Energy Act of 1954, as amended, and of any
licenses issued thereunder to Maine Yankee. Within the
limits imposed by good utility practice under the
circumstances and applicable law, the Unit will be
operated at its maximum capability and on a long hour
use basis.
Outages for inspection, maintenance, refueling and
repairs and replacements will be scheduled in
accordance with good utility practice and insofar as
practicable shall be mutually agreed upon by Maine
Yankee and the Purchaser. In the event of an outage,
Maine Yankee will use its best efforts to restore the
Unit to service as promptly as practicable. [Emphasis
added.]
Amendments to the power contracts were made in 1984. The
purpose of “Amendment No. 1 to Power Contract” dated March 1,
1984, was to incorporate the costs of decommissioning the plant
into the contractual payments from the owners. The purpose of
“Amendment No. 2 to Power Contract” dated January 1, 1984, was to
change the formula for computing charges to the purchasers in
order to allow for a higher return on equity than was provided in
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Last modified: May 25, 2011