PROTOCOL within the Framework of the Platform Agreement of 12/07/2000, the Signatories of the Energy Purchase Agreement Signed between “Vardnylhesi” Ltd. (The Powerstation) and “Yugostetenergo” (The Company) on 31/01/2001, met on 15/05/2001 TO ESTABLISH A WORKING COMMITTEE.

The PowerStation and the Company entrust the Working Committee  with the joint monitoring of the operational implementation of the Energy Purchase Agreement of 31/01/2001.

Composition:

The PowerStation hereby appoints to the Working Committee messrs. Alphez shelia, Shota Sanadze, and Iamdze Kolbaia, as well as any member of the project implementation unit.

The Company hereby appoints to the Working Committee messrs. Anatoli Gabaraiev, Rudolph Tskhovrebov and Boris Gagloiev.

Two authorized representatives, one of the PowerStation and one of the Company, are enough for the Working Committee to have quorum.

The delegation of the European commission in Georgia, Hilfswerk Austria and the project implementation unit, act in the Working Committee as facilitators.

The signatories of the Platform Agreement of 12/07/2000 (annexes included), or their representatives, may attend the meetings of the Working Committee.

Plan of action:

The Working Committee expresses the wish to start implementing the energy Supply Agreement of 31/01/2001 as soon as possible.

The working Committee takes note that most of the measures foreseen in Article 25 of the Agreement have been implemented:

1. endorsement of the Agreement by GNERC,

2. agreement signed between the PowerStation and “Electrogadatsema” (transmission),

1.                  agreement signed between the Powerstation and “Electrogadatsema” (dispatching), agreement signed with the PowerStation on the spare-parts the working committee takes note that the Tskhinvali bulk meter has been installed but not yet the one in Agara.

The Working Committee asks Hilfswerk Austria to immediately purchase and install a new (calibrated) bulk meter in Agara.

As soon as this would have been done, the Working Committee will go to Agara and Tskhinvali to check and seal the two bulk meters. On that occasion, pure energy would have to be supplied and the Working Committee will have to sign an appropriate protocol stating the joint inspection and registration of the meters.

The Working Committee takes note that the company will proceed with the payment to the PowerStation in cash to a bank account of the PowerStation in Gori. Consequently , the Working Committee asks the PowerStation to immediately proceed  with the opening of its bank account in Gori.

Procedures:

The Working Committee agrees to consider the Agara bulk meter as the reference for calculating the quantity/quality of the pure energy supplied by the Powerstation to the Company.

The Working Committee agrees to consider the Tskhinvali bulk meter as the reference for monitoring the quantity/quality of the pure energy supplied by the Powerstation to the Company.

The Working Committee agrees that in case the Tskhinvali bulk meter would show less than 1% losses of pure energy on the transmission line from Agara, the quantity of pure energy lost would be considered as not having been supplied.

The working Committee agrees that in case the Agara and Tskhinvali bulk meters would show more than 1% difference, it should take immediate action to check the bulk meters.

Statement:

The Working Committee agrees that the contracts between the Powerstation and “Electrogadatsema”/”Electrodispecherizacia”, signed within the framework of the Energy Purchase Agreement of  31/01/2001, are confidential amongst their signatories.

The Working Committee considers it an accepted fact that there is no contradiction between the terms and condition agreed in the above-mentioned contracts and those agreed in the Energy Purchase Agreement of 31/01/2001.

Nevertheless, in case any contradiction should arise, the working Committee agrees to immediately inform the signatories of the Platform Agreement of 12/07/2000, of a breach of the Agreement.

For the Powerstation: (signed)

For the Company: (signed)

In witness of the EC: (signed)

(The Archive of the Mission of OSCE to Georgia)