Exhibit 10-38.05
TWENTY-EIGHTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS AGREEMENT, dated as of the 15th day of September, 1992
is entered into by the signatories hereto for the amendment by
them of the New England Power Pool Agreement dated as of
September 1, 1971 (the "NEPOOL Agreement"), as previously amended
or proposed to be amended by twenty-seven (27) amendments, the
most recent of which was dated as of October 1, 1990.
WHEREAS, in response to the factors specified in Section
5.10 of the NEPOOL Agreement regarding election of members of the
Management Committee to serve as an Executive Committee, the
member of the Management Committee representing Public Service
Company of New Hampshire has been elected to serve as a member of
the Executive Committee since the formation of NEPOOL; and
WHEREAS, Northeast Utilities has recently acquired Public
Service Company of New Hampshire, Public Service Company of New
Hampshire has elected to be treated as a single Participant with
the other Entities controlled by Northeast Utilities, and
Public Service Company of New Hampshire is no longer entitled to
be separately represented by a member of the Management
Committee; and
WHEREAS, the signatory Participants have determined to amend
the NEPOOL Agreement in the manner specified below in order to
reflect the fact that the considerations specified in Section
5.10 for membership on the Executive Committee can now be
satisfied by election of only ten members.
NOW THEREFORE, the signatories hereby agree as follows:
SECTION I
TEXT OF AMENDMENT
Section 5.10 of the NEPOOL Agreement is amended to read as
follows:
Election of Executive Committee Members
Unless there are less than eleven members of
the Management Committee, the Management
Committee; at each annual meeting, shall
elect ten of its members to serve as an
Executive Committee. In electing the
Executive Committee, the Management Committee
shall give such consideration as it shall
deem advisable to qualifications for the
office, geographic distribution, the relative
sizes of Participants and the public and
private sectors of the electric utility
industry. Each member so selected may
designate an alternate who is acceptable to
the Management Committee.
SECTION II
EFFECTIVENESS OF AGREEMENT
Following its execution by the requisite number of
Participants, this Agreement, and the amendment provided for
above, shall become effective on December 1, 1992, or on such
later date as the Federal Energy Regulatory Commission shall
provide that such amendment shall become effective.
SECTION III
USAGE OF DEFINED TERMS
The usage in this Agreement of terms which are defined in
the NEPOOL Agreement shall be deemed to be in accordance with the
definitions thereof in the NEPOOL Agreement.
SECTION IV
COUNTERPARTS
This Agreement may be executed in any number of counterparts
and each executed counterpart shall have the same force and
effect as an original instrument and as if all the parties to all
the counterparts had signed the same instrument. Any signature
page of this Agreement may be detached from any counterpart of
this Agreement without impairing the legal effect of any
signatures thereof, and may be attached to another counterpart of
this Agreement identical in form hereto but having attached to it
one or more signature pages.
IN WITNESS WHEREOF, each of the signatories has caused a
counterpart signature page to be executed by its duly authorized
representative, as of the 15th day of September, 1992.
CONFORMED COPY
COUNTERPART SIGNATURE PAGE
TO TWENTY-EIGHTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF SEPTEMBER 15, 1992
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-seven (27) amendments, the
most recent prior amendment being an amendment dated as of October 1,
1990.
Ashburnham Municipal Light Department
By: /s/ Robert W. Gould
Manager
86 Central Street
Ashburnham, MA 01430
Bangor Hydro-Electric Company
By: /s/ Robert S. Briggs
President & CEO
33 State Street
Bangor, Maine 04402-0932
Belmont Municipal Light Department
By: /s/ Timothy L. McCarthy
Acting Manager
450 Concord Avenue
Belmont, MA 02178
Boston Edison Company
By: /s/ Cameron H. Daley
Senior Vice President
800 Boylston Street
Boston, MA 02199
Boylston Municipal Light Department
By: /s/ H. Bradford White, Jr.
Manager
P.O. Box 560
Boylston, MA 01505
Central Maine Power Company
By: /s/ Donald F. Kelly
Senior Vice President
Edison Drive
Augusta, Maine 04336
City of Chicopee Municipal Lighting
Plant
By: /s/ Barry W. Soden
General Manager
725 Front Street
Chicopee, MA 01021-0405
Commonwealth Energy System Companies
Commonwealth Electric Company
Cambridge Electric Light Company
Canal Electric Company
By: /s/ Harold N. Scherer, Jr.
President and CEO
2421 Cranberry Highway
Wareham, MA 02571
Concord Municipal Light Plant
By: /s/ Daniel J. Sack
Superintendent
135 Keyes Road
Concord, MA 01742
Connecticut Municipal Electric
Energy Cooperative
By: /s/ Maurice R. Scully
Executive Director
30 Stott Avenue
Norwich, CT 06360-1526
Eastern Utilities
By: /s/ Donald G. Pardus
Chairman/CEO
One Liberty Square
Boston, MA 02109
Groton Electric Light Department
By: /s/ Roger H. Beeltje
Manager
P.O. Box 679
Groton, MA 01450
Hingham Municipal Lighting Plant
By: /s/ Joseph R. Spadea, Jr.
General Manager
19 Elm Street
Hingham, MA 02043
Holden Municipal Light Department
By: /s/ Edla Ann Bloom
Director of Electric Services
94 Reservoir Street
Holden, MA 01520
Holyoke Gas & Electric Department
By: /s/ George E. Leary
Manager
70 Suffolk Street
Holyoke, MA 01040
Ipswich Municipal Light Department
By: /s/ Donald R. Stone
Director of Utilities
P.O. Box 151
Ipswich, MA 01938
Mansfield Municipal Electric
By: /s/ John Larch
Manager
50 West Street
Mansfield, MA 02048
Marblehead Municipal Light Department
By: /s/ Richard L. Bailey
General Manager
80 Commercial Street
Marblehead, MA 01945
Merrimac Municipal Light Department
By: /s/ David Vance
Commissioner
2 School Street
Merrimac, MA 01860
Middleton Municipal Electric
Department
By: /s/ William E. Kelly
Manager
197 North Main Street
Middleton, MA 01949
The Narragansett Electric Company
By: /s/ Robert L. McCabe
President
280 Melrose Street
Providence, Rhode Island
New England Power Company
By: /s/ Jeffrey D. Tranen
Vice President
25 Research Drive
Westborough, MA 01582
Massachusetts Electric Company
By: /s/ John H. Dickson
President
25 Research Drive
Westborough, MA 01582
Granite State Electric Company
By: /s/ Lydia M. Pastuszek
President
33 West Lebanon Road
Lebanon, New Hampshire
The Connecticut Light and Power
By: /s/ Bernard M. Fox
President
P.O. Box 270
Hartford, CT 06141-0270
Western Massachusetts Electric
By: /s/ Bernard M. Fox
President
P.O. Box 270
Hartford, CT 06141-0270
Holyoke Water Power Company
By: /s/ Bernard M. Fox
President
P.O. Box 270
Hartford, CT 06141-0270
Holyoke Power and Electric Company
By: /s/ Bernard M. Fox
President
P.O. Box 270
Hartford, CT 06141-0270
Public Service Company of New
Hampshire
By: /s/ Bernard M. Fox
President
P.O. Box 270
Hartford, CT 06141-0270
Pascoag Fire District - Electric
Department
By: /s/ James E. Daniels
Chairman, Operating Committee
55 South Main Street
Pascoag, RI 02859
Princeton Municipal Light
Department
By: /s/ Sharon A. Staz
Manager
P.O. Box 247
Princeton, MA 01541-0247
Rowley Municipal Lighting Plant
By: /S/ G. Robert Merry
Manager
47 Summer Street
Rowley, MA 01969
Taunton Municipal Lighting Plant
By: /s/ Joseph M. Blain
General Manager
55 Weir Street
Taunton, MA 02780
The United Illuminating Company
By: /s/ Richard J. Grossi
Chairman and CEO
157 Church Street
New Haven, CT 06506-0901
Vermont Electric Power Company, Inc.
By: /s/ Richard W. Mallary
President
P.O. Box 548
Rutland, Vermont 05702-0548
Central Vermont Public Service
Corporation
By: /s/ Robert de R. Stein
Vice President
77 Grove Street
Rutland, VT 05701
Citizens Utilities Company
By: /s/ James P. Avery
Vice President
High Ridge Park
Stamford, CT 06905
City of Burlington Electric
Dept.
By: /s/ Dale L. Pohlman
General Manager
585 Pine Street
Burlington, VT 05401
Franklin Electric Light Co.
By: /s/ Hugh H. Gates
President
P.O. Box 96
Franklin, VT 05457-0096
Green Mountain Power Corporation
By: /s/ John V. Cleary
President & CEO
P.O. Box 850
S. Burlington, Vermont 05402
Rochester Electric Light & Power
Company
By: /s/ Thomas Pierce
President
P.O. Box 6
Rochester, Vermont 05767
Vermont Marble Company
By: /s/ John M. Mitchell
President
61 Main Street
Proctor, Vermont 05765
Vermont Public Power Supply Authority
By: /s/ William J. Gallagher
General Manager
512 St. George Road
Williston, VT 05495
Village of Hardwick Electric
Department
By: /s/ Jack E. Young
General Manager
Box 516
Hardwick, Vermont 05843
Village of Ludlow Electric Light
Department
By: /s/ Donald Ellison
Commissioner, Chairman
P.O. Box 289
Ludlow, Vermont 05149
Village of Morrisville Water and Light
Department
By: /s/ James C. Fox
Superintendent
18 Portland Street
Morrisville, VT 05661
Village of Northfield Electric
Department
By: /s/ Kevin O'Donnell
Municipal Manager
26 South Main Street
Northfield, Vermont 05663
Village of Orleans Electric Department
By: /s/ Slayton R. Marsh
Superintendent
Memorial Square
Orleans, VT 05860
Village of Readsboro Electric
Light Department
By: /s/ Annette Caruso
Utility Clerk
P.O. Box 247
Readsboro, Vermont 05350
Wakefield Municipal Light Department
By: /s/ William J. Wallace
Manager
11 Albion Street
Wakefield, MA 01880