Exhibit 10-39.05
TWENTY-NINTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS AGREEMENT, dated as of the 1st day of May, 1993 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 by twenty-
eight (28) amendments, the most recent of which was dated as of
September 15, 1992.
WHEREAS, Participant generation resources, other than
hydroelectric units, whose annual hours of operation are
restricted by regulatory requirements, contract terms or
engineering or operating constraints, may require treatment
different from that otherwise provided in the NEPOOL Agreement
for Capability Responsibility and energy billing purposes; and
WHEREAS, the signatory Participants have determined to amend
the NEPOOL Agreement in the manner specified below in order to
provide for a modified Capability Responsibility and energy
billing treatment for restricted generation resources
NOW THEREFORE, the signatories hereby agree as follows:
Section I
TEXT OF AMENDMENTS
A. Amendment of Section 9.2(b)(2)
Section 9.2(b)(2) of the NEPOOL Agreement is amended by
inserting the following additional provisions immediately
following the present final paragraph of Section 9.2(b)(2):
The New Unit Adjustment Factor for any Restricted Unit
for which proposed plans were submitted subsequent to
November 1, 1990 for review pursuant to Section 10.4
(or, in the case of a unit with a rated capacity of
less than SMW, for which notification was first given
to NEPOOL subsequent to November 1, 1990) and for the
Peabody Municipal Light Plant's Waters River #2 unit
shall be determined in accordance with the formula
previously specified in this Section 9.2(b)(2),
modified as follows:
n = (K to the 1st base)(c-C) + (K to the 2nd base)(f-F) + (K
to the third base)(m-M) + (K to the fourth base)(d-D) +
(K to the fifth base)(f-Fc) + (K to the sixth
base)(2500-a)
The symbols used in the above formula, as modified,
shall have the meanings previously specified, except
that the symbols "K to the 6th base" and "a" shall have the
following meanings:
K to the 6th base is a scaling factor of 0.0001.
a is as follows:
for units with more than 2500 annual
hours available for operation, "a" =
2500,
for units with annual hours available
for operation between 500 and 2500,
inclusive, "a" = annual hours available
for operation, and
for units with annual hours available
for operation less than 500 hours, "a" =
-7500;
provided, however, that a Participant may elect to
avoid, in whole or part, the effect on its Capability
Responsibility of a Restricted Unit's availability
being limited to 2500 hours or less a year by agreeing
to leave unfilled a portion of its dispatchable load
allocation in accordance with rules to be adopted by
the Operations Committee.
B. Amendment of Section 12.6
The first two sentences of Section 12.6 of the NEPOOL
Agreement are amended to read as follows:
If pursuant to Section 12.5A, a Participant is deemed
to have received energy service in any hour when the
Participant (i) had Entitlements in one or more
generating units which were available for service but
were not scheduled for operation by NEPEX at their full
available Reserve Capability (or, to the extent
applicable, at their full available Temporary Reserve
Capability) and which, in the case of any Restricted
Unit, had an unused portion of an available Restricted
Unit Operational Allowance and/or (ii) had Scheduled
Outage Service Entitlements, the Participant shall be
deemed to have received Economy Flow Service and/or
Scheduled Outage Service in an amount equal to the
lesser of:
(a) the amount of energy service the Participant is
deemed to have received pursuant to Section 12.5A,
or
(b) the amount of energy service which could have been
provided from its share of (1) the unused portion
of the available Reserve or Temporary Reserve
Capabilities of the units described in (i) above,
as limited in the case of any Restricted Unit by
the unused portion of its available Restricted
Unit Operational Allowance, plus (2) its Scheduled
Outage Service Entitlements.
Economy Flow Service is service which a Participant is
deemed to receive at any time to replace service which
it could have provided at the time from units described
in (i) above, and the amount of Economy Flow Service
which it is deemed to receive at the time shall not
exceed the amount of energy service which could have
been provided from its share of the unused portions of
the available Reserve Capabilities (or, to the extent
applicable, the unused portion of the available
Temporary Reserve Capabilities or the unused portion of
the available Restricted Unit Operational Allowances,
whichever is controlling) of such units.
C. Addition of Definitions of "Restricted Unit" and "Restricted
Unit Operational Allowance".
The NEPOOL Agreement is amended by adding the following
definitions following the definition of "Reserve Savings Shares"
in Section 15 37A:
15.37B. Restricted Unit is a generating unit,
other than a hydroelectric unit, that is
restricted in annual hours available for
operation by regulatory requirements,
contract terms or actual engineering or
operating constraints Planned or
forced outages due to maintenance
requirements are not considered
restrictions in annual hours available
for operation.
15.37C. Restricted Unit Operational Allowance
("Allowance") for a Participant's
Entitlement in a Restricted Unit for any
calendar year (or for the term of the
Entitlement in any year, if such term is
for a shorter period than the year) is
the number of hours for which the
Restricted Unit is available for
operation during the year or such
shorter period, whichever is applicable.
The Allowance for a Participant's
Entitlement in a Restricted Unit for any
year or shorter period shall be deemed
to be exhausted when (i) the number of
hours that the Operations Committee
determines the Participant would have
used its Restricted Unit Entitlement to
minimize the Participant's overall
energy costs in the absence of NEPEX
dispatch, plus (ii) the number of hours
that the Participant is deemed to
receive Scheduled Outage Service with
respect to its Entitlement in the
Restricted Unit during the year or such
shorter period pursuant to Section 12.6,
equals the Allowance.
D. Modification of Definition of "Scheduled Outage Service
Entitlement".
The definition of "Scheduled Outage Service Entitlement" in
Section 15.38B of the NEPOOL Agreement is amended to read as
follows:
15.38B Scheduled Outage Service Entitlement of
a Participant is the amount of Scheduled
Outage Service which the Participant is
entitled to receive in any hour with
respect to a generating unit which is
scheduled by the Operations Committee to
be out of service, in whole or in part,
for maintenance during a period approved
for it by the Operations Committee for
Scheduled Outage Service and is in fact
out of service, in whole or in part, for
any reason during the approved period.
Such amount is equal to the lesser of
(i) the portion of the Participant's
share of the Reserve Capability of such
unit which is unavailable for service
times an estimated average availability
of such unit between its periodic
scheduled outages or (ii) in the case of
any generating unit with a currently
applicable Temporary Reserve Capability,
the portion of the Participant's share
of the Temporary Reserve Capability
which is unavailable for service;
provided, however, that (a) in the case
of any Limited Fuel Unit, the amount of
a Participant's Scheduled Outage Service
Entitlement shall be reduced, if
appropriate, to take account of any
limit on the availability of stream flow
or fuel to operate the unit during the
outage period, and (b) in the case of
any Restricted Unit, the Participant's
Scheduled Outage-Service Entitlement
shall be limited to the unused portion,
if any, of its currently available
Restricted Unit Operational Allowance
for the unit The Operations Committee
shall develop rules for establishing the
estimated average availability of each
unit between scheduled outages. Such
rules shall become effective upon
approval by the Management Committee.
SECTION II
EFFECTIVENESS OF AGREEMENT
Following its execution by the requisite number of Participants,
this Agreement, and the amendments provided for above, shall
become effective on August 1, 1993, 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 1st day of May, 1993.
CONFORMED COPY
COUNTERPART SIGNATURE PAGE
TO TWENTY-NINTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF MAY 1, 1993
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-eight (28) amendments, the
most recent prior amendment being an amendment dated as of
September 15, 1992.
Ashburnham Municipal Light Department
By: /s/ Robert W. Gould
Manager
86 Central Street
P.O. Box 823
Ashburnham, MA 01430
Bangor Hydro-Electric Company
By: /s/ Carroll R. Lee
Vice President, Operations
33 State Street
P O. Box 932
Bangor, ME 04402-0932
Boston Edison Company
By: /s/ B.W. Reznicek
Chairman, President and Chief
Executive Officer
800 Boylston Street
Boston, MA 02199
Boylston Municipal Light Department
By: /s/ H. Bradford White Jr.
Manager
Tivnan Road, P.O. Box 560
Boylston, MA 01505
Braintree Electric Light Department
By: /s/ Walter R. McGrath
General Manager
44 Allen Street
Braintree, MA 02184
Central Maine Power Company
By: /s/ Donald F. Kelly
Senior Vice President
Edison Drive
Augusta, ME 04336
Commonwealth Electric Company
By: /s/ James J. Keane
Vice President - Power Supply and
Transmission
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
Eastern Utilities Associates
By: /s/ Donald G. Pardus
Chairman/CEO
P.O. Box 2333
Boston, MA 02107
Fitchburg Gas and Electric
Light Company
By: /s/ David K. Foote
Senior Vice President
216 Epping Road
Exeter, NH 03833
Georgetown Municipal Light Department
By: /s/ Edward Stanley
Manager
Moulton and West Main Streets
Georgetown, MA 01833
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
94 Reservoir Street
Holden, MA 01520
Holyoke Gas & Electric Department
By: /s/ George E. Leary
Manager
70 Suffolk Street
Holyoke, MA 01040
Littleton Electric Light and Water
Department
By: /s/ Curtis J. Lanciani
General Manager
39 Ayer Road
Littleton, MA 01460
Marblehead Municipal Light Department
By: /s/ Richard L. Bailey
General Manager
80 Commercial Street, Box 369
Marblehead, MA 01945
Middleborough Gas & Electric Department
By: /s/ John W. Dunfey
General Manager
32 South Main Street
Middleboro, MA 02346
Middleton Municipal Electric Department
By: /s/ William E. Kelley
Interim Manager
197 North Main Street
Middleton, MA 01949
New England Electric System
By: /s/ Jeffrey D. Tranen
Vice President
25 Research Drive
Westborough, MA 01582
Northeast Utilities Companies
The Connecticut Light and Power
Company
By: /s/ Bernard M. Fox
President and Chief Operating
Officer
P.O. Box 270
Hartford, CT 06141-0270
Western Massachusetts Electric
Company
By: /s/ Bernard M. Fox
President and Chief Operating
Officer
P.O Box 270
Hartford, CT 06141-0270
Holyoke Water Power Company
By: /s/ Bernard M. Fox
President and Chief Operating
Officer
P.O. Box 270
Hartford, CT 06141-0270
Holyoke Power and Electric Company
By: /s/ Bernard M. Fox
President and Chief Operating
Officer
P.O. Box 270
Hartford, CT 06141-0270
Public Service Company of New
Hampshire
By: /s/ W. T. Frain, Jr
Senior Vice President
1000 Elm Street
Manchester, NH 03105
Pascoag Fire District
By: /s/ Thomas J. Beauregard
Chairman
P.O. Box 107
Pascoag, Rhode Island 02859
Paxton Light Department
By: /s/ Harold L. Smith
Manager
578 Pleasant Street
Paxton, MA 01612
Princeton Municipal Light Department
By: /s/ Sharon A. Staz
General 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
Shrewsbury's Electric Light Plant
By: /s/ Thomas R. Josie
General Manager
100 Maple Avenue
Shrewsbury, MA 01545
Town of South Hadley Electric
Light Department
By: /s/ Wayne D. Doerpholz
Manager
85 Main Street
South Hadley, MA 01015
Taunton Municipal Lighting Plant
By: /s/ Joseph M. Blain
General Manager
P O. Box 870
Taunton, MA 02780
Templeton Municipal Light Plant
By: /s/ Gerald Skelton
Manager/Engineer
2 School Street
Baldwinville, MA 01436
The United Illuminating Company
By: /s/ Richard J. Grossi
Chairman and Chief Executive
Officer
157 Church Street
New Haven, CT 06506-0901
UNITIL Power Corporation
By: /s/ David K. Foote
Senior Vice President
216 Epping Road
Exeter, NH 03833
Vermont Electric Power Company, Inc.
By: /s/ Richard W. Mallary
President
P.O. Box 548
Rutland, VT 05702-0548
Central Vermont Public
Service Corporation
By: /s/ Robert de R. Stein
Senior Vice President
Engineering & Energy Resources
77 Grove Street
Rutland, VT 05701
Franklin Electric Light Company
By: /s/ Hugh H. Gates
President
P.O Box 96
Franklin, VT 05457
Green Mountain Power Corporation
By: /s/ John V. Cleary
President & Chief Executive
Officer
P.O Box 850
South Burlington, VT 05402
Vermont Marble Power Division of
OMYA, Inc.
By: /s/ John M. Mitchell
Executive Vice President
61 Main Street
Proctor, VT 05765
Village of Jacksonville
By: /s/ Earle S. Holland
President Board of Trustees
P.O. Box 73
Jacksonville, VT 05342
Village of Ludlow Electric Light
Department
By: /s/ Donald Ellison
Chairman, Board of
Commissioners
P.O. Box 289
Ludlow, VT 05109
Village of Morrisville Water and
Light Department
By: /s/ James C Fox
Superintendent
P.O. Box 325
Morrisville, VT 05661-0325
Village of Northfield Electric
Department
By: /s/ Kevin O'Donnell
Municipal Manager
26 South Main Street
Northfield, VT 05663
Readsboro Electric
By: /s/ Annette Caruso
Clerk
P.O. Box 247
Readsboro, VT 05350
Wakefield Municipal Light Department
By: /s/ William J. Wallace
General Manager
9 Albion Street
Wakefield, MA 01880
Westfield Gas & Electric Light
Department
By: /s/ Daniel Golubek
General Manager
Elm Street
Westfield, MA 01085