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. e in paragraph IX.A shall be included as part of HL&P's cost of service as "operating expenses" for purposes of each earnings monitoring evaluation and any Section 42 proceeding initiated to modify HL&P's rates. Except for correction of mathematical errors. the Signatories agree that no portion of such amortization amounts may be removed from HL&P's cost of service during that time-frame. In any future Section 43 rate increase proceeding (including but not limited to a Section 43 filing in response to a Section 42 proceeding). all Signatories shall be free to propose or contest inclusion of such amortization amounts in HL&P's cost of service or inclusion of unamortized amounts in rate base. Any treatment or assumed treatment of the Malakoff and Trinity amortization amounts or of the unatnortized Malakoff and Trinity costs under this Agreement shall not have any precedential value for putposes of d~tennining how such amounts should be treated in such future Section 43 proceedings. ARTICLE X. STP Deferrals A. In Docket No. 8425, the Commission authorized 1UAP to defer certain STP Unit 1 costs under a phase-in plan (Qualified Deferrals) and in Docket Nos. 8230, 8425, and 9010 authorized HL&P to use deferred accounting for certain other STP Unit 1 and 2 costs incurred between the dates those units went into commercial operation and the date the costs of the units were reflected in rate base '(Accounting Deferrals) (the Qualified Deferrals and Accounting Deferrals are referred to jointly as "STP Deferrals"). In any future earnings monitoring evaluation or Section 42 proceeding, whether during or after the Rate Cap Period, and in any future Section 43 base rate increase proceeding, HOUOJ:9l1046 -22-