Exhibit 10.17.4
April 30, 1996
O'Brien (Newark) Cogeneration, Inc.
O'Brien (Xxxxxx) Cogeneration, Inc.
0000 Xxxxxxxx Xxxx
Xxxxxxxxxxx, Xxxxxxxxx 00000
Re: Amended and Restated Agreement for Purchase and Sale of
Electric Power (the "Xxxxxx PPA") between O'Brien (Xxxxxx)
Cogeneration, Inc. ("Xxxxxx") and Jersey Central Power &
Light Company ("JCP&L") and the Third Amendment to Power
Purchase Agreement ("Newark Third Amendment") between
O'Brien (Newark) Cogeneration, Inc. ("Newark") and JCP&L.
Gentlemen:
Please refer to the above-referenced Xxxxxx PPA and Newark Third
Amendment and to the Order of Approval dated April 29, 1996 in docket
numbers EM6604396 and EM66121345, of the State of New Jersey Board of
Public Utilities (the "BPU Approval"), a copy of which is attached hereto.
This letter is to confirm our mutual understanding and agreement that,
the BPU Approval having been received, executed signature pages to the
Third Amendment and the Xxxxxx PPA having been exchanged, the bankruptcy
court order approving the NRG Plan (as defined in the Xxxxxx PPA and the
Newark Third Amendment) having been entered on February 23, 1996 and the
gas supply agreement between JCP&L and Public Service Electric and Gas
Company having been entered into and approved by the New Jersey Board of
Public Utilities, all conditions precedent to the Newark Third Amendment
and the Xxxxxx PPA have been satisfied and the Xxxxxx PPA and the Newark
Third Amendment have become effective as of April 30, 1996.
O'Brien (Newark) Cogeneration, Inc.
O'Brien (Xxxxxx) Cogeneration, Inc.
April 30, 1996
Page 2
If the foregoing accurately sets forth our agreement, please so
indicate by executing this letter in the space provided below and sending
it to us by facsimile transmitter.
Jersey Central Power & Light Company
By: /s/ X. X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
Agreed:
O'Brien (Newark) Cogeneration, Inc.
By: /s/ Xxxxxxx Xxxxx
Xxxxxxx X. Xxxxx
President
O'Brien (Xxxxxx) Cogeneration, Inc.
By: /s/ Xxxxxxx Xxxxx
Xxxxxxx X. Xxxxx
President
