EXHIBIT (10)(c)
AMENDMENT REVISING
THE
CONNECTICUT YANKEE TRANSMISSION AGREEMENT
THIS AMENDMENT, dated as of this 19th day of January, 1994 is
entered into by the signatories hereto for the purpose of
amending the Connecticut Yankee Transmission Agreement dated as
of October 1, 1964 (the "CY Agreement") and revising the
appendices to the CY Agreement, as previously amended and revised
as of July 1, 1979.
WHEREAS, changes have occurred in the interconnected
transmission systems in the region and, consequently, in the
transmission responsibilities of the parties to the CY Agreement,
and
WHEREAS, The Hartford Electric Light Company has merged into
The Connecticut Light and Power Company, and
WHEREAS, The New Bedford Gas and Edison Light Company has
changed its corporate name to the Commonwealth Electric Company,
and
WHEREAS, Commonwealth Electric Company is presently
transmitting power generated by the Connecticut Yankee nuclear
unit to stockholders of that unit and is desirous of becoming a
party to the CY Agreement, and
WHEREAS, Maine Electric Power Company is presently
transmitting power generated by the Connecticut Yankee nuclear
unit to stockholders of that unit and is desirous of becoming a
party to the CY Agreement, and
WHEREAS, the signatories except the Central Vermont Public
Service Corporation and The United Illuminating Company are also
parties to the transmission agreements relating to transmission
of power from the Maine Yankee nuclear unit (the "Maine Yankee
Transmission Agreement"), and from the Vermont Yankee nuclear
unit (the "Vermont Yankee Transmission Agreement"), and
WHEREAS, the signatories have determined that it is
appropriate to amend and revise the CY Agreement, and
WHEREAS, this Amendment has been negotiated by the
signatories as a comprehensive, integrated resolution of
outstanding issues pertaining to the Connecticut Yankee
Transmission Agreement, Maine Yankee Transmission Agreement and
the Vermont Yankee Transmission Agreement;
NOW, THEREFORE, the signatories hereby agree as follows:
SECTION 1. AMENDMENTS TO PREAMBLE OF THE CY AGREEMENT
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A. In order to reflect (1) the addition of Maine Electric
Power Company as a party to the CY Agreement, (2) the
merger of The Hartford Electric Light Company into The
Connecticut Light and Power Company, (3) the change of
name of New Bedford Gas and Edison Light Company into
Commonwealth Electric Company, and (4) the payment of
transmission charges by only those parties who receive
transmission service under the CY Agreement, the
preamble to the CY Agreement is amended as follows:
CONNECTICUT YANKEE TRANSMISSION AGREEMENT, dated as
of October 1, 1964, between The Connecticut Light and
Power Company, New England Power Company, Boston Edison
Company, The United Illuminating Company, Western
Massachusetts
Electric Company, Central Maine Power Company, Public Service
Company of New Hampshire, Montaup Electric Company, Cambridge
Electric Light Company, Central Vermont Public Service
Corporation, Vermont Electric Power Company, Inc., Commonwealth
Electric Company, and Maine Electric Power Company.
Connecticut Yankee Atomic Power Company
("Connecticut Yankee") is constructing a nuclear
electric generating unit at a site adjacent to the
Connecticut River at Haddam Neck, Connecticut. The unit
has been designed to have an initial electrical capacity
of approximately 490 emw gross and 463 emw net, and is
presently scheduled for commercial operation on or
before October 1, 1967.
The parties to this agreement except for Vermont
Electric Power, Inc., Commonwealth Electric Company and
Maine Electric Power Company are stockholders of
Connecticut Yankee, and by separate power contracts
dated as of July 1, 1964 have contracted to purchase the
entire net electrical capacity and output of the
Connecticut Yankee unit in the following percentages:
The Connecticut Light and Power Company . . . . . .34.5%
New England Power Company . . . . . . . . . . . . .15.0%
Boston Edison Company . . . . . . . . . . . . . . . 9.5%
The United Illuminating Company . . . . . . . . . . 9.5%
Western Massachusetts Electric Power . . . . . . . 9.5%
Central Maine Power Company . . . . . . . . . . . . 6.0%
Public Service Company of New Hampshire . . . . . . 5.0%
Montaup Electric Company . . . . . . . . . . . . . 4.5%
Cambridge Electric Light Company. . . . . . . . . . 4.5%
Central Vermont Public Service Corporation . . . . 2.0%
-----
100.0%
Vermont Electric Power Company, Inc., Commonwealth
Electric Company and Maine Electric Power Company are not
stockholders of Connecticut Yankee, but transmit Connecticut
Yankee power over their systems to such stockholders and are
deemed to be parties to this agreement.
Deliveries under the Connecticut Yankee power contracts
will be made at the site at a nominal voltage of 345 kV.
This agreement provides for transmission of the power
purchased by the Connecticut Yankee stockholders over the
interconnected facilities of the parties for delivery to the
individual systems of the stockholders of Connecticut Yankee
who have a common interest in the Connecticut Yankee Unit.
It is the intent of the parties that a uniform transmission
charge shall be payable for each kilowatt of Connecticut
Yankee capacity by each party for whom transmission services
are rendered, and that the changes so assessed shall be paid
to the transmitting parties in proportion to their respective
transmission responsibilities.
SECTION 2. AMENDMENTS TO OTHER PROVISIONS OF THE CY AGREEMENT
- ---------- --------------------------------------------------
A. The first sentence of the first paragraph of Section
4 of the CY Agreement is amended to read as follows:
Each party for whom transmission services are
rendered pursuant to this agreement (as shown on
Appendix C, as amended from time to time) shall pay a
transmission charge at the annual rate of $3.09 per
kilowatt of its capacity entitlement under the
Connecticut Yankee power contracts.
B. The third paragraph of Section 4 of the CY Agreement is
amended by adding a third sentence that reads as
follows:
The methodology of determining receipts shall be
based on the kilowatt-miles of transmission capacity
made available by a transmitting party.
C. The CY Agreement is amended by adding new Sections 10
and 11, as follows:
10. Right of Transmitting Parties to Change Rate
Schedules.
---------------------------------------------
Each transmitting party reserves the right to submit
for filing without the concurrence of any other party
other rate schedules modifying or superseding this
Agreement, subject to Section 11 below, and each party
reserves the right to object to such rate schedules.
Any changes to transmission charges proposed by The
Connecticut Light and Power Company shall be based on
the methodology used to determine the transmission
charges under the Amendment to the Maine Yankee
Transmission
Agreement dated January 19, 1994 and the Amendment to the Vermont
Yankee Transmission Agreement, dated January 19, 1994. The
assumptions and methods used to determine the transmission
responsibilities of the parties as shown in Appendix A, does not
set a precedent for redetermination of such responsibilities
under any future Amendments to the CY Agreement.
11. Moratorium on Changes to Assumptions and Methods.
-------------------------------------------------
None of the parties shall seek an effective date
prior to the expiration of three (3) years from the
effective date of this Amendment, for any changes to the
transmission charge, distribution of revenues,
assumptions and methods or appendices specified in the
CY Agreement as amended hereby. All parties hereby
reserve their rights, individually and jointly, to
protest, support or otherwise intervene in any
proceeding involving a change in the transmission
charge, distribution of revenues, assumptions and
methods or appendices of the CY Agreement or this
Amendment.
SECTION 3. REVISION OF APPENDICES
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A. Appendix A, Appendix B and Appendix C shall be
deleted in their entirety and replaced with the attached
revisions.
SECTION 4. EFFECTIVENESS OF AMENDMENT
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A. This Amendment shall become effective on such later
date as the Federal Energy Regulatory Commission shall
permit the last of the Amendments to the Connecticut
Yankee Transmission Agreement dated January 19, 1994,
Maine Yankee Transmission Agreement dated January 19,
1994 or the Vermont Yankee Transmission Agreement dated
January 19, 1994 to become effective.
SECTION 5. COUNTERPARTS
- --------- ------------
A. This Amendment may be executed in any number of
counterparts, each of which shall be an original, but
all of which together shall constitute one and the same
instrument. It shall not be a condition to the
effectiveness of this Amendment that each of the parties
has executed the same or different counterparts.
SECTION 6. INTERDEPENDENCIES
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A. The terms of this Amendment have resulted from
negotiations over transmission agreements relative to
the Connecticut Yankee, Maine Yankee and Vermont Yankee
nuclear units. The parties to this Amendment to the CY
Agreement agree that the provisions hereof are not
severable from the Amendment to the MY Transmission
Agreement dated January 19, 1994 and from the Amendment
to the VY Transmission Agreement dated January 19, 1994
and agree to support these Amendments in their entirety.
This Amendment is expressly conditioned upon
acceptance by the Federal Energy Regulatory Commission
of all provisions hereof, the Amendment to the MY
Transmission Agreement dated January 19, 1994 and the
Amendment to the VY Transmission Agreement dated January
19, 1994, without change or condition. In the event the
Federal Energy Regulatory Commission does not by order
accept these Amendments in their entirety, this
Amendment shall be deemed to be null and void, unless
otherwise agreed by all parties.
IN WITNESS WHEREOF, the signatories have executed this
Amendment by their respective duly authorized officers, as of
this 19th day of January, 1994.
Boston Edison Company
By ___________________________
Title:
Cambridge Electric Light Company
By ___________________________
Title:
Central Maine Power Company
By ___________________________
Title:
Central Vermont Public Service Corporation
By ___________________________
Title:
Commonwealth Electric Company
By ___________________________
Title:
The Connecticut Light & Power Company
By ___________________________
Title:
Maine Electric Power Company
By ___________________________
Title:
Montaup Electric Company
By ___________________________
Title:
New England Power Company
By ___________________________
Title:
Public Service Company of New Hampshire
By _____________________________________
Title:
The United Illuminating Company
By ___________________________
Title:
Vermont Electric Power Company, Inc.
By _________________________________
Title:
Western Massachusetts Electric Company
By ____________________________________
Title:
APPENDIX A
CONNECTICUT YANKEE TRANSMISSION AGREEMENT
Revised Transmission Responsibilities Of The Parties
Transmitting Party (1) %
--------------------- ----
CL&P................................ 50.76
UI.................................. .12
WMECO............................... 9.61
NEPCO............................... 17.54
BECO................................ 9.14
CMP................................. .08
PSNH................................ 8.88
Montaup............................. 2.44
CEC................................ .82
VELCO.............................. .48
MEPCO.............................. .13
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Total... 100.00
Notes:
1. CL&P = The Connecticut Light & Power Company
UI = The United Illuminating Company
WMECO = Western Massachusetts Electric Company
NEPCO = New England Power Company
BECO = Boston Edison Company
CMP = Central Maine Power Company
PSNH = Public Service Company of New
Hampshire
Montaup = Montaup Electric Company
CEC = Commonwealth Electric Company
Velco = Vermont Electric Power Company, Inc.
Mepco = Maine Electric Power Company