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<br />. <br /> <br />e <br /> <br />to any position that any Signatory may take in any Section 43 proceeding during the Rate Cap <br /> <br /> <br />Period and in any proceeding after the Rate Cap Period. No Signatory may refer to the position <br /> <br />that a party is obligated to take on the STP Deferrals under this Agreement during the Rate Cap <br /> <br />Period in any Section 43 proceeding, any proceeding after the Rate Cap Period, or in any appeal <br /> <br />at any time. <br /> <br />B. Except as set out in paragraph X.A. aU issues relating to calculation of the <br />STP Deferrals as of December 31, 1993 are resolved and HL&P's balances as of such date (except <br />'to the extent that they may be modified as a result of the reserved issues) are determined to have <br />been correctly calculated. The STP Deferrals shall continue to be antortized under the schedules <br />established in Docket No. 9850. <br />C. In Docket No. 12065, certain "fmancial integrity" issues were raised <br />relating to inclusion of the STP Deferrals in rate base and inclusion of amortization of such <br />deferrals in the cost of service. If, in order to recover the STP Defemls, HL&P is required to <br />prove a fmanciaJ integrity need only once, then HL&.P has made that financial integrity showing. <br />However, if HL&P is required to prove a fmancial integrity need in each rate case in which <br />HL&P seeks to reflect the STP Deferrals and amortization in its cost of service, then nothing in <br />this Agreement prejudices any claim a party may make on the issue of fmancial integrity and the <br />recovery of the accounting deferrals in any future rate cases. The provisions in this paragraph <br />about the fmancial integrity finding regarding the accounting deferrals is limited solely to the issue <br />of the STP Deferrals and is not a general statement about HL&P's fmancial integrity and is not <br />a finding that is applicable to any other issue. <br /> <br />HOUOJ:9l1046 <br /> <br />-24- <br />