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e e that none of the five types of filings set out in this paragraph shall constitute force majeure events described in paragraph VI.A (unless such filings are required by new laws or regulations.) C. During the Rate Cap Period, HL&P shall not initiate any proceeding to increase, directly or indirectly, the O&M charge applicable to Rates IS-I, [S-10, SBt and NEP, which charge shall remain at 1.204 mills/kwh. This provision shall not limit the right of any entity other than HL&P to seek to change the O&M charge in any proceeding during the Rate Cap Period nor shall it limit in any way the positions HL&P or any other entity may take.in response to another entity's proposal to change the O&M charge for anyone or more of Rates IS-I, 15-10, SBI and NEP. Thus, if in any proceeding during the Rate Cap Period, any entity proposes to change the O&M charge applicable to one or more of the Rates IS-I, 15-10, 581 and NEP, HL&P and any other entity may take any position it chooses regarding the O&M charges for the same Rates as are covered by that entity's proposal or for any or all of the other Rates IS-I, 15-10, S81 and NEP. This paragraph shall not limit the right of any entity, including HL&P, to propose changes to the methodology for calculating the Period Avoided Cost under Rates IS-I, IS-10, SBI and NEP, as approved by the Final Order in Docket No. 7044. D. Each regulatory authority exercising jurisdiction over HL&P retains the right, on complaint or on its own motion, to initiate a Section 42 proceeding against HL&P. If, during the Rate Cap Period, any proceeding is initiated by the Commission or any other regulatory authority to reduce HL&P's rates below the levels set out in Appendix C, nothing in this Agreement shall restrict HL&P's right to defend against the proceeding in any manner it deems appropriate including a right to file and make effective a Section 43 base rate increase in the HOUOJ:9l1046 -17-