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March 12, 2002 <br /> <br />representatives of local governments and political subdivisions has <br />for many years negotiated on behalf of such governmental units <br />within the service area of APCo the terms of standard contract <br />forms which have included rates for the purchase of electricity <br />supply and delivery service and for the installation, maintenance <br />and delivery service for street lights by and for said governmental <br />units from APCo as a single source provider; and <br />WHEREAS, the most recent such contracts for the period <br />beginning July 1,2000 will terminate on June 30, 2002; and <br />WHEREAS, on or about February 12, 2001, APCo agreed with the <br />Committee to extend the term of such contracts to December 31, <br />2003 at rates set forth in the Company's Schedule 17 on file with <br />the Virginia State Corporation Commission (the "Commission") and; <br />WHEREAS, on or about July 24, 2001, American Electric Power <br />Co. ("AEP"), parent corporation of APCo, filed a proceeding in the <br />Federal Energy Regulation Commission ("FERC") seeking approval <br />of amendment of its intercompany agreement which inter alia <br />affects the supply and computation of the price for electricity <br />furnished to APCo in excess of that produced by APCo, in which <br />proceeding the Steering Committee and the Town of Wytheville <br />appeared and objected; and <br />WHEREAS, in consideration of the Committee and the Town of <br />Wytheville agreeing to a negotiated settlement of the FERC <br />proceeding which provides substantial protection against potential <br />escalation of the fuel factor which is a component of APCo's total <br />pricing for electricity supplied to its retail customers, including the <br />governmental units, APCo has granted to the governmental units <br />the election to (1) terminate the current contracts on June 30, 2002, <br />or (2)extend the contracts at Schedule 17 rates to December 31, <br />2003 pursuant to the offer dated February 12, 2001, or (3)(a) to <br />extend the current contracts through June 30, 2007, at rates <br />contained in APCo's unbundled Standard Rate Schedules, or any <br />successor or replacement schedules then on file and approved by <br />the Commission; and (b) to extend street light service at rates as in <br />effect July 1, 2000, but subject to changes in the fuel factor; <br />provided that election (3) is conditioned upon the governmental unit <br />so electing, notifying APCo of its election within 90 days of <br />December 18, 2001, that (i) it has chosen APCo to provide <br />generation service through June 30, 2007, and (ii) that it will not <br />chose a different supplier prior to such date; and (iii) it will not <br />request the Commission to determine rates and provisions for <br />default service different from that provided under its contract, as <br />amended by election (3); and <br />WHEREAS, the Steering Committee has recommended that the <br />governmental units, including this jurisdiction, exercise election (3) <br />above, that is, the extension of current contracts with APCo for <br /> <br /> <br />