Proposed Modifications

Because of the Stipulations, we need not now address the issuance of an OII concerning Southwest's construction activities from 1997 - 1999. The Commission will, however, modify the Stipulations to permit the progress of construction to be monitored through completion. We propose that Southwest file a project status report two months after each construction cycle through project completion. The status report should address the percentage of completion, including delays or disruptions, in accordance with the construction schedule attached to the Joint Petition. (See Attachment A.) The Energy Division will then monitor the construction and advise the Commission of any unaccounted for delays or disruptions.

The Stipulations are also modified to provide that construction shall be commenced by Southwest in the next available construction cycle, and shall be completed with due diligence, by January 1, 2004, time being of the essence. ⁴ The Commission acknowledges that a delay in the construction for any cause beyond Southwest's control shall excuse any delayed performance.