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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 />acceptance of the Transmission Project. Prudent Utility Practice is not intended <br />to be limited to the optimum practice, method or act, to the exclusion of all others, <br />but rather to be a spectrum of possible practices, methods or acts. In evaluating <br />whether any matter conforms to Prudent Utility Practice, the parties shall take into <br />account (i) the fact that CMMPA is a body politic and corporate and a political <br />subdivision under the laws of the State of Minnesota, with the statutory duties and <br />responsibilities thereof, and (ii) in the case of any joint facility, the applicable <br />ownership or participation agreement between the owners or participants of the <br />facility. <br />(w) "Tax Subsidy Bonds" means any Bonds as to which CMMPA is entitled to <br />receive any subsidy, reimbursement, or other payment from the federal <br />government of the United States of America under the American Recovery and <br />Reinvestment Act of 2009 (or any similar legislation or regulation of the federal <br />government or any other governmental entity) or any extension of such <br />legislation. <br />(ww) "Taxable Bonds" means Bonds, other than Tax Subsidy Bonds, the interest on <br />which is not excluded from gross income for federal income tax purposes. <br />(xx) "Tax- Exempt Bonds" means Bonds the interest on which is excluded from gross <br />income for federal income tax purposes. <br />(yy) "Total Development Project Costs" means the cumulative amount of all <br />Monthly Development Project Costs (as that term is defined in the Development <br />Project Agreements) paid by CMMPA on behalf of the Participants as of the <br />effective date of this Agreement. <br />(zz) "Transfer Capability" means the transfer capability of the transmission grid <br />after incorporating the Project Facilities, as such transfer capability may change <br />from time to time. <br />(aaa) "Transmission Asset Assignment Agreement" has the meaning given such term <br />in Section 405 of this Agreement, and also includes any successor agreement <br />contemplated by Section 406 of this Agreement. <br />(bbb) "Transmission Project" means that portion of the Brookings Project (including <br />all replacements, restoration, rebuilding, capital additions or modifications to <br />maintain Facility Capacity or reliability, and Upgrades) in or with respect to <br />which CMMPA holds or is subject to rights, interests, and obligations by virtue of <br />its Percentage Interest. The term "Transmission Project" includes working capital <br />and any other facilities, contracts, property and arrangements determined by <br />CMMPA to be part of the Transmission Project. CMMPA's anticipated <br />Percentage Interest in the Brookings Project, as well as its share of estimated <br />initial construction costs and Maximum CM Costs, as of the execution date of this <br />Agreement, are set forth in Attachment 2 to this Agreement. <br />(ccc) "Transmission Project Coordinating Committee" means the committee <br />established pursuant to Section 404(b) of this Agreement. <br />10 <br />
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