Agmt 2004 ABAG Power - Laserfiche WebLink

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described in greater detail in Attachment C. Further, City approves such determination. b) the payments described in §§1(a), (d), (e) and (f) of this Wind Up Agreement are the result of allocating all the Balancing Accounts, ISO Escrow Deposits, PX Escrow Deposits and Wind Up Costs Hold Backs available for disbursement among the Members in a ratio equal to each Member's electrical usage during the period of time such Member participated in the Electric Program to the total electrical usage by all Members who were participating in the Electric Program at the time of suspension ("Usage Ratio"). Further, City approves such allocation. c) Working Capital Deposits were made by the Members in accordance with ABAG POWER's financial records (see Attachment C). City acknowledges that the payment described in § 1(b) of this Wind Up Agreement is the result of allocating the Working Capital Deposits available for disbursement among the Members in a ratio equal to the City's deposits to Working Capital to all Working Capital Deposits made by all Members who were participants in the Electric Program at the time of suspension ("Working Capital Ratio"). Further, City approves such allocation. d) the payment described in § 1(c) is the result of allocating the DA Credit available for disbursement among the Members in a ratio equal to the CTC Reversals paid by City to all CTC Reversals paid by all Members ("CTC Reversal Ratio"). The method for determining said ratio is described in greater detail in Attachment C. Further, City approves such allocation. 4. Balancing Account Payment Amount and Schedule. The amount of the Balancing Account Payment to City is based on the total funds available for disbursement after payment of Working Capital Deposit and DA Credits and allocated to each Member by the Usage Ratio. ABAG POWER will have an independent fmancial audit conducted for fiscal year 2003-04 which will identify the total amount available for distribution. This amount will be allocated by the Usage Ratio and sent to City no later than March 31, 2005. 5. ISO Escrow De osit and PX Escrow De osit Amounts and Pa ent Schedules . a) ISO Escrow Deposit. The amount in the ISO Escrow Deposit available for disbursement to Members will be affected by regulatory and adjudicatory actions of the California Independent System Operator (ISO), California Public Utilities Commission (CPUC) or Federal Energy Regulatory Commission (FERC) (see Attachments B and D). As of December 31, 2003, the total amount in the ISO Escrow Deposit is Five Hundred Eight Thousand Two Hundred Fourteen Dollars ($508,214). For a period of no less than two (2) years after the effective date of the Qualifying Agreement or December 31, 2006, whichever is later, ABAG POWER will monitor activities affecting fund balances in the ISO Escrow Deposit and will challenge or accept such recalculations at its sole reasonable discretion taking into account, among other factors, the amount of the recalculation, the probity of the underlying cause of the recalculation and