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<br />e <br /> <br />e <br /> <br />geographic area subject to the jurisdiction of that regulatory authority. Regardless of what <br /> <br /> <br />measures HL&P takes to defend itself in a Section 42 proceeding, HL&P may not file a Section <br /> <br /> <br />43 base rate increase in any jurisdiction that has not initiated a Section 42 proceeding except as <br /> <br />provided in paragraph VI.A. <br />E. Except as expressly set out in this Agreement, the senlement will not <br /> <br /> <br />prejudice any position a pany may take regarding any issue, including rate base treatment of any <br /> <br />item, in any proceeding or earnings monitoring evaluation during or after the Rate Cap Period. <br /> <br />F. During the Rate Cap Period, HIAP shall not defer costs which are nonnally <br /> <br /> <br />expensed by public utilities. <br /> <br />G. Nothing in this Agreement shall limit any customer's right to file a billing <br /> <br />complaint against HL&P. <br /> <br />ARTICLE VIT. <br /> <br />Fuel Reconciliation <br /> <br />A. Effective August 1, 1994, HL&P shall reduce the total eligible fuel costs <br /> <br />for the fuel reconciliation period ended July 31. 1994 by $70 million (the $70 million includes <br /> <br />interest through July 31. 1994) and shall not seek to recover such $70 million from its ratepayers. <br /> <br />All fuel revenues, other fuel costs, and related interest through July 31. 1994 shall be deemed <br /> <br />reconciled in accordance wi~ PUC Substantive Rule 23.23(b)(3) with the same effect as if the <br /> <br />Commission had issued a fmal order in a fuel reconciliation proceeding for that period. <br /> <br />B. As soon as practical after January data becomes available, HlAP will file <br /> <br />in Docket No. 12065 a request to refund the fuel over~ollection balance through January 31, <br /> <br />HOUOJ:98046 <br /> <br />-18- <br />