III. Reservations
1. The Parties agree that this Stipulation represents a compromise of their respective litigation positions. It does not represent the Parties' endorsement of, or agreement with, any or all of the recommendations made by any other Party.
2. The Parties shall jointly request Commission approval of this Stipulation. The Parties additionally agree to actively support prompt approval of the Stipulation. Active support shall include briefing, comments on the proposed decision, written and oral testimony, if required, appearances, and other means as needed to obtain the approvals sought. The Parties further agree to jointly participate in briefings to Commissioners and their advisors regarding the Stipulation and the issues compromised and resolved by it.
3. This Stipulation embodies the entire understanding and agreement of the Parties with respect to the matters described herein, and, except as described herein, supersedes and cancels any and all prior oral or written agreements, principles, negotiations, statements, representations or understandings between the Parties.
4. The Stipulation may be amended or changed only by a written agreement signed by the Parties.
APPENDIX B
Page 9
5. The Parties have bargained earnestly and in good faith to achieve this Stipulation. The Parties intend the Stipulation to be interpreted and treated as a unified, interrelated agreement. The Parties therefore agree that if the Commission fails to approve the Stipulation as reasonable, and adopt it unconditionally and without modification, including the findings and determinations requested herein, either Party may in its sole discretion, and with reasonable notice to the other Party, elect to terminate the Stipulation. The Parties further agree that any material change to the Stipulation shall give each Party in its sole discretion, the option to terminate the Stipulation. In the event the Stipulation is terminated, the Parties will request that the unresolved issues in Application No. 98-09-003 be heard at the earliest convenient time.
6. This Stipulation represents a compromise of Parties' respective litigation positions and should not be considered precedent with respect to employee transition cost programs for other utilities or for ORA in this or any future proceeding. The Parties have assented to the terms of this Stipulation Agreement only for the purpose of arriving at the various compromises embodied herein. Each Party expressly reserves its right to advocate, in current and future proceedings, positions, principles, assumptions, arguments and methodologies that may be different from those underlying this Stipulation.
APPENDIX B
Page 10
7. The Parties agree that no signatory to this Stipulation, nor any member of the Staff of the Commission, assumes any personal liability as a result of the Stipulation Agreement.
8. Each of the Parties hereto and their respective counsel have contributed to the preparation of this Stipulation. Accordingly, the Parties agree that no provision of this Stipulation shall be construed against any Party because that Party or its counsel drafted the provision.
9. It is understood and agreed that no failure or delay by any Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver hereof, nor shall any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right, power or privilege.
10. This document may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11. This Stipulation shall become effective between the Parties on the date the last Party executes the Stipulation as indicated below.
APPENDIX B
Page 11
In witness whereof, intending to be legally bound, the signatories hereto have duly executed this Stipulation Agreement on behalf of the Parties they represent.
OFFICE OF RATEPAYER PACIFIC GAS AND ELECTRIC
ADVOCATES COMPANY
_______________________ ___________________________
Scott Cauchois Mark R. Huffman
Senior Manager Attorney
Dated: _____________________ Dated: _____________________
(END OF APPENDIX B)
