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6.1. SR 03-07-2011
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6.1. SR 03-07-2011
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3/7/2011
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BROOKINGS - TWIN CITIES TRANSMISSION PROJECT AGREEMENT <br />THIS AGREEMENT is executed by and between CMMPA and the undersigned <br />Participant. Capitalized terms used in this preamble and in the recitals that follow have <br />the meanings given in Section 102 of this Agreement. <br />WHEREAS, CMMPA has duly executed an Agency Agreement originally executed on <br />the 1St day of July, 1987, as restated on January 15, 1997, August 11, 2004, May 24, <br />2006, and January 13, 2010, as the same may be further amended and restated from time <br />to time; and <br />WHEREAS, CMMPA shall have all of the powers enumerated in the Act, including <br />those in Section 453.54 thereof, and in the exercise thereof shall be deemed to be <br />performing an essential governmental function and exercising a part of the sovereign <br />powers of the State of Minnesota; and <br />WHEREAS, the CapX 2020 participants, including CMMPA, executed the CapX 2020 <br />Development Agreement dated March 7, 2007 to pursue Development Work for the <br />Brookings Project; and <br />WHEREAS, the Participant and CMMPA executed the Development Project Agreement <br />dated February 28, 2007 to facilitate CMMPA's pursuit of Development Work for the <br />Transmission Project; and <br />WHEREAS, CMMPA proposes to participate in the Brookings Project; and <br />WHEREAS, certain CapX 2020 participants, including CMMPA, intend to execute in the <br />near term the Brookings Project Participation Agreement, which sets forth the terms and <br />conditions for their participation in the Brookings Project; and <br />WHEREAS, pursuant to the terms and conditions of the Brookings Project Participation <br />Agreement, the CapX 2020 Development Agreement will terminate upon the effective <br />date of the Brookings Project Participation Agreement; and <br />WHEREAS, the Development Project Agreement will terminate upon the effective date <br />of this Agreement; and <br />WHEREAS, effective August 16, 2007, CMMPA became a MISO transmission owner <br />to, among other things, facilitate payment to CMMPA on behalf of the Participants for <br />their costs related to the Transmission Project under this Agreement, including returns on <br />their investments, and to benefit CMMPA and the Participants, and therefore, in <br />conjunction with executing this Agreement, the Participant must have executed (or <br />concurrently execute) a Transmission Asset Assignment Agreement to address the <br />Transmission Project as it relates to MISO; and <br />WHEREAS, the Participant has determined that, to meet the needs of its current and <br />future customers, it is desirable to enter into this Agreement to participate in the <br />Transmission Project; and <br />
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