EXHIBIT (1O)(i)
THIRTIETH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS AGREEMENT, dated as of the 1st day of June, 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, and as proposed to be amended by a pending
twenty-ninth amendment dated as of May 1, 1993.
WHEREAS, the signatory Participants propose to amend the
provisions on NEPOOL planning in the NEPOOL Agreement, and to
provide for new categories of Pool-Planned Facilities and Pool-
Planned Purchases and to couple this with a change in the
definition of Pool-Planned Unit to reference only existing Units;
and
WHEREAS, the proposed amendments are intended, among other
things, to facilitate the use of revenue bond financing by
Participants which are Massachusetts municipal utilities, and to
avoid in the future controversies over criteria for the
designation of Pool-Planned Units.
NOW THEREFORE, the signatories hereby agree as follows:
SECTION 1
AMENDMENTS
Section 1. Amendment of Section 7.12
Section 7.12(j) is amended to read as follows:
(j) coordinating the review of proposed plans of
Participants pursuant to Sections 10.1, 10.4 and
11.1 and coordinating the submission of
recommendations to the Management Committee
regarding such proposed plans;
Section 7.12 is further amended by deleting the and" at the
end of Subsection (i) and by adding the following new Subsections
at the end of the Section:
(k) to the extent appropriate, enabling the planning
and installation of reliable and economical bulk
power supply and related facilities of NEPOOL by
establishing reasonable criteria, guidelines and
methods relating to the appropriate provisions for
integrated bulk power supply planning and related
facilities on behalf of all the NEPOOL
Participants;
(l) preparing forecasts of the aggregate coincidental
Adjusted Load of the Participants and of the
Annual and Monthly Peaks and the Adjusted Annual
and Monthly Peaks of each of the Participants for
use by the Management Committee in estimating "C"
and "E" for purposes of Section 9.2(a); and
(m) coordinating with neighboring pools, non-
Participants and the regional reliability council
on matters of regional planning and regional
reliability.
Section 2. Amendment of Section 9.4(a)
Section 9.4(a) is amended to read as follows:
(a) At the conclusion of each Capability Period, the
Operations Committee shall determine whether each
Participant has satisfied its Capability Responsibility
obligation for each month during such Capability
Period. If the minimum monthly System Capability of a
Participant during a month was less than its Capability
Responsibility, the number of Kilowatts of its
deficiency shall be computed and the Participant shall
pay a Capability Responsibility adjustment charge for
the month computed at the rate prescribed by Section
9.4(b). For purposes of Sections 9.4(a) and 9.4(d),
the minimum monthly System Capability of a Participant
for a month during a Capability Period is equal to the
sum of (i) the Participant's lowest System Capability
(as determined without taking into account any
Entitlements in Pool-Planned Facilities initially
placed in commercial operation during the Capability
Period) for any day during the month, plus (ii) for
each Pool-Planned Facility initially placed in
commercial operation during the Period on or prior to
the first day of the third month of the Period,
one-sixth of (A) the amount of the Participant's
Entitlement, if any, in such Facility times (B) the
number of full months during such period that such
Facility was in commercial operation, subject to the
right of the Participant to elect, by written notice
received by the chairman of the Operations Committee
prior to the end of the Period, not to receive credit
under this clause (ii), plus (iii) for each Pool-
Planned Facility initially placed in commercial
operation during the period on or prior to the first
day of the month and for which no credit was given
under clause (ii), the amount of the Participant's
Entitlement, if any, in such Facility. Retirements
made on the last day of any month shall not be deducted
from System Capability for that month.
Section 3. Amendment of Section 10.1
Section 10.1 is amended to read as follows:
10.1 Recommendation of Additional Facilities
The Management Committee shall periodically review the
need for, and shall recommend, additions to and changes
in generating and transmission facilities of the
Participants, or sales to or purchases of power from
Non-Participants, to meet the reliability standards
established by it pursuant to Section 5.13 and the
other objectives of NEPOOL. In making its review and
recommendations, the Management Committee shall give
due consideration to (i) reports of the Policy Planning
Committee as to any alternatives proposed by the Policy
Planning Committee, and (ii) such other matters as the
Management Committee deems pertinent.
The Management Committee shall specify the type, range
of capacity, target date for initial commercial
operation and other appropriate characteristics of
recommended facilities.
At least once every three years the Management
Committee shall adopt a ten-year NEPOOL expansion plan
specifying the type and timing of additional generating
units, PTF facilities and other resources recommended
for commercial operation during the period of the
expansion plan.
The Management Committee shall also periodically review
the need for, and shall recommend, arrangements to meet
the reliability standards established by it pursuant to
Section 5.13 and the other objectives of NEPOOL, under
which Participants, affiliates of Participants or other
persons may effect additions to and changes in
generating and transmission facilities for use by
Participants. Any such facilities shall be eligible
for designation as Pool-Planned Facilities under
Section 11.1.
Section 4. Amendment of Section 10.6
Section 10.6 is amended to read as follows:
10.6 Increase in Reserves Because of Non-NEPOOL Planned Unit
or Facility
If a Participant has at any time an Entitlement in a
generating unit placed in commercial operation after
October 31, 1975, which is not a Pool-Planned Unit or a
Pool-Planned Facility and with respect to which no
significant firm commitments to manufacturers or
constructors were made on or before November 1, 1971,
and as a result of the character, size or operation of
such unit NEPOOL reserves are required to be increased,
such Participant shall be responsible for providing (at
its expense and, if more than one Participant has an
Entitlement in the unit, in proportion to its
Entitlement in such unit) the required additional
NEPOOL reserves for so long as, and to the extent that,
such increase is required by reason of such unit, or
until such unit is accepted by the Management Committee
as a Pool-Planned Unit or a Pool-Planned Facility;
provided that such Entitlement shall be included in the
Participant's System Capability for Capability
Responsibility purposes.
Section 5. Amendment of Section 11.1
Section 11.1 is amended to read as follows:
11.1 Pool Access Objectives; Designation of Pool-Planned
Facilities or Purchases
It is an objective of NEPOOL that each Participant
shall have an appropriate opportunity to meet its
Capability Responsibility from Pool-Planned Facilities.
It is recognized that in the past Participants have
satisfied their generating needs in various ways, as
sole or joint owners of generating units, as joint
owners of interests in generating companies, as
purchasers from other Participants or Non-Participants
under Unit Contracts or as wholesale customers,
although some smaller Participants have indicated a
desire to change their mode of participation in the
future by ceasing to be wholesale customers in whole or
part. It is anticipated that such smaller Participants
and their suppliers will work out individual
arrangements covering the phase-out of present
contracts and that in many cases this may best be
accomplished over a five-to-ten year period.
Furthermore, Participants have participated in
transmission facilities as sole owners, as joint owners
of interests in transmission companies, or by entering
into joint long-term support arrangements, and it is
expected that this diversity will continue in the
future because of the varying situations of the
Participants. Many of the joint arrangements have been
arranged or facilitated by NEPOOL action, and it is a
continuing objective of NEPOOL to facilitate, in
appropriate circumstances, joint generation and
transmission arrangements through the designation of
Pool-Planned Facilities and Pool-Planned Purchases.
A Participant which proposes, or whose affiliate
proposes, a joint arrangement for the installation with
other Participants of an additional generating unit
rated 25 MW (gross) or above or a transmission facility
rated 69 kV or above, or for a purchase jointly with
other Participants of a Unit Contract Entitlement from
a Non-Participant may submit, in such form, manner and
detail as the Management Committee or the Policy
Planning Committee may reasonably prescribe, a request
to the Management Committee to designate the generating
unit or the transmission facility as a Pool-Planned
Facility or the purchase as a Pool-Planned Purchase, as
the case may be. If the request relates to an
additional generating unit or transmission facility to
be installed by the Participant or its affiliate, the
request shall be submitted at or before the time the
Participant's plan for the facility is submitted
pursuant to Section 10.4. it shall be a condition to
the granting of the requested Pool-Planned status for a
generating unit or purchase that the share of the unit
or purchase which the Participant proposes to make
available for joint participation be at least a 25%
share and that it be offered first to all other
Participants on a fair and nondiscriminatory basis,
before any offering is made to Non-Participants.
The Policy Planning Committee shall review the
Participant's proposal to determine its consistency
with NEPOOL objectives and shall report the results of
its review to the Management Committee. If the
Management Committee determines, on the basis of the
Policy Planning Committee's report and such other
information as the Management Committee deems
appropriate, that the proposal is consistent with
NEPOOL objectives and that the Participant has made the
offer of joint participation contemplated by this
Section, if required, (whether or not such offer has
been accepted by one or more other Participants), it
shall designate the proposed generating unit or
transmission facility as a Pool-Planned Facility, or
shall designate the purchase as a Pool-Planned
Purchase, as the case may be.
Provided the Participant has offered at least 25% of
the capacity to other Participants through joint
ownership or unit contract participation, the
Management Committee may not unreasonably withhold
designation as a Pool-Planned Facility of a generating
unit proposed to be constructed by one or more
Participants in order to satisfy their anticipated
Capability Responsibilities and/or to provide an
appropriate mix of their generating capabilities if the
needs of such Participants in these regards have not
been satisfied from other units or facilities
designated as Pool-Planned on a basis consistent with
the following objectives:
(a) Each Participant should have a reasonable
opportunity to satisfy its load over some
reasonable time period with a mix of generation
reasonably comparable as to economics and types to
that being developed for New England.
(b) No Participant should be required to subject
itself to an excessively disproportionate exposure
to backup power costs or reserve obligations as a
result of having to take any Entitlement which is
excessively disproportionately large as compared
to the Participant's size, or as the result,
during any sustained period, of having to take a
disproportionate portion of its capacity from
immature units.
(c) No Participant which has maintained an integrated
system in the past should be required to impair
the attractiveness of its securities in the
capital markets by making unreasonably large capital
investments in new generation or by becoming dependent
upon other Participants for a substantially
disproportionate amount of its System Capability.
Section 6. Amendment of Section 15.33
Section 15.33 is amended to read as follows:
15.33 Pool-Planned Unit is one of the following
units: New Haven Harbor Unit 1 (Coke
Works), Mystic Unit 7, Canal Unit 2,
Potter Unit 2, Wyman Unit 4, Stony Brook
Units 1, lA, lB, lC, 2A and 2B, Millstone
Unit 3, Seabrook Unit 1 and Waters River
Unit 2 (to the extent of 7 megawatts of
its Summer Capability and 12 megawatts of
its Winter Capability).
Section 7. Addition of New Section 15.33A
The Agreement is amended by adding new Section 15.33A, as
follows:
15.33A Pool-Planned Facility and Pool-Planned
Purchase are, respectively, (a) (i) a
generating unit or transmission facility
designated as a "Pool-Planned Facility"
pursuant to Section 11.1 or (ii) which was
designated as a "Pool-Planned facility"
pursuant to Section 10.1 prior to January
1, 1993, and (b) a purchase from a Non-
Participant designated by the Management
Committee as a "Pool-Planned Purchase"
pursuant to Section 11.1; provided that a
"Pool-Planned Purchase" will not be
entitled to transfer rights under Section
13.2(c), but Section 13.2(c) shall
continue to be effective as to existing
and new purchases from Hydro-Quebec
utilizing the HQ Interconnection.
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 September 30, 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 June, 1993.
COUNTERPART SIGNATURE PAGE
TO THIRTIETH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF JUNE 1, 1993
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-eight (28) amendments
(with a pending twenty-ninth (29) amendment dated as of May 1,
1993), the most recent prior amendment which has become effective
being an amendment dated as of September 15, 1992.
THIRTY-FIRST AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
__________________________________
THIS AGREEMENT, dated as of the 1st day of July, 1995, is
entered into by the signatory Participants 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-nine (29) amendments, the most recent of which was
dated as of May 1, 1993, and as previously proposed to be amended
by a thirtieth amendment dated as of June 1, 1993 which has been
withdrawn.
WHEREAS, Participants have not been permitted by the terms
of the NEPOOL Agreement to make sales of energy to other
Participants or Non-Participants while retaining for their own
Capability Responsibility accounting purposes the Capability
related to the energy resource, and therefore there has been no
opportunity for energy transactions directly between
Participants, or between Participants and Non-Participants,
without the Participant seller's loss of Capability for
Capability Responsibility accounting purposes; and
WHEREAS, the requirement that power transactions include
both Capability and energy has limited implementation of economic
coordination transactions among Participants and between
Participants and Non-Participants; and
WHEREAS, the Participants desire to amend the NEPOOL
Agreement to permit two types of transactions, No Capability
Transactions and Energy Only Transactions, that transfer energy
without affecting the Participant seller's Capability for
Capability Responsibility accounting purposes.
NOW THEREFORE, the signatory Participants hereby agree as
follows:
SECTION I
The NEPOOL Agreement is amended by adding Attachment A
hereto as a Supplement to, and part of, the NEPOOL Agreement.
SECTION II
EFFECTIVENESS OF AGREEMENT
Following its execution by the requisite number of
Participants, this Agreement, and the amendment adding the
attached Supplement to the NEPOOL Agreement, shall become
effective on October 1, 1995, or if the Federal Energy Regulatory
Commission shall not permit such effective date, then this
Agreement and the attached Supplement shall become effective on
the first day of such later month as the Federal Energy
Regulatory Commission shall provide.
SECTION III
USAGE OF DEFINED TERMS
Except as otherwise provided in the attached Supplement,
usage in this Agreement and the Supplement 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 signatory Participants have
caused a counterpart signature page to be executed by its duly
authorized representative, as of the 1st day of July, 1995.
COUNTERPART SIGNATURE PAGE
TO THIRTY-FIRST AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF JULY 1, 1995
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-nine (29) amendments the
most recent of which was dated as of May 1, 1993.
__________________________________
(Participant)
By: _____________________________
Name:
Title:
Address:
THIRTY-SECOND AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS THIRTY-SECOND AGREEMENT, dated as of the 1st day of
September, 1995, is entered into by the signatory Participants
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-nine (29) amendments, the most
recent of which was dated as of May 1, 1993; as previously
proposed to be amended by a thirtieth amendment dated as of June
1, 1993 which has been withdrawn; and as proposed to be amended
by a pending thirty-first amendment dated as of July 1, 1995.
WHEREAS, the NEPOOL Review Committee has been reconstituted,
in response to a general invitation issued in early 1995 by the
NEPOOL Participants, to include representatives of independent
power producers ("IPPs"), power marketers, power brokers, utility
regulators, environmental groups and others, and the Committee is
currently discussing a restructuring of NEPOOL in light of the
emerging changes in the electric utility industry;
WHEREAS, the NEPOOL Review Committee's January 1995 Phase
One Report concluded as part of the NEPOOL restructuring that
"NEPOOL membership should be open to a broad spectrum of
entities";
WHEREAS, IPPs are permitted to become Participants under
current NEPOOL provisions and the Participants are willing,
consistent with the NEPOOL Review Committee's Phase One Report,
to amend the NEPOOL Agreement also to permit power marketers and
power brokers to become Participants;
WHEREAS, as an interim step in the restructuring of NEPOOL
the Participants are willing to amend the NEPOOL Agreement to
permit power marketers and power brokers to become Participants
now, even before the completion of the restructuring of NEPOOL,
to facilitate their participation in bulk power transactions in
New England and more directly in the day-to-day activities of
NEPOOL;
WHEREAS, certain New England utilities that have chosen so
far not to become Participants have expressed their interest in
amending language to the NEPOOL Agreement in order to make
membership in NEPOOL more desirable to them;
WHEREAS, the amendments proposed herein do not change the
voting and governance provisions of the NEPOOL Agreement;
WHEREAS, representatives of certain of the IPPs and power
marketers have expressed in NEPOOL Review Committee discussions
(1) the belief that any amendments to the NEPOOL Agreement
designed to effect the restructuring of NEPOOL should be preceded
by an amendment to the NEPOOL voting and governance structure so
that IPPs and power marketers can participate fully and have a
separate vote on all restructuring matters placed before the
NEPOOL Executive Committee, (2) the concern that the interests of
IPPs and power marketers may not be adequately addressed in the
restructuring discussions in the NEPOOL Executive Committee
during the interim period when the terms of NEPOOL restructuring
are being discussed, and (3) the position that the issue of
whether and, if so, how to amend the definition of the term
"Entity" under Section 15.14 of the NEPOOL Agreement to include
end-users should be addressed and resolved during the NEPOOL
restructuring process;
WHEREAS, during NEPOOL Review Committee discussions, various
NEPOOL Participants have expressed (1) their belief that the
NEPOOL voting and governance structure (a) should be fair, (b)
should take into account the interests of all members and reflect
votes that are appropriately weighted in relationship to each
member's responsibilities and obligations (i.e. transmission,
generation and/or load), and (c) should minimize the
opportunities for gridlock, (2) their desire to involve
substantively the IPPs, power marketers, power brokers, Federal
and state regulators, and any other interested entities in the
restructuring effort, but not to impede the operations of NEPOOL
during the restructuring process, and (3) the desire first to
assure the opportunity for broader membership by all entities
transacting business in the wholesale bulk power market in New
England before addressing whether and, if so, how to involve end-
users in the Pool;
WHEREAS, in order to address the IPPs' and power marketers'
beliefs, concerns, positions, desires, and interests, the
Participants have invited IPPs, power marketers, and power
brokers that elect to become Participants after this Thirty-
Second Agreement is effective to select a common representative
to receive notice of all meetings of the NEPOOL Executive
Committee, NEPOOL Operations Committee, and NEPOOL Policy
Planning Committee and to attend those meetings and act as their
common spokesperson at such meetings;
WHEREAS, those IPPs and power marketers involved in the
NEPOOL Review Committee effort which are listed in Attachment 1
to this Thirty-Second Agreement have provided the Participants
assurances that these IPPs and power marketers support or do not
oppose acceptance of this Thirty-Second Agreement by the Federal
Energy Regulatory Commission (the "Commission");
WHEREAS, in reliance on and subject to the assurances of the
IPPs and power marketers described in the preceding paragraph,
the Participants, IPPs and power marketers participating in the
NEPOOL Review Committee effort have agreed that governance and
voting issues relative to IPPs and power marketers are among the
priority issues identified in the NEPOOL Review Committee's Phase
One Report and that they will continue to use their best efforts
to resolve these issues expeditiously through the NEPOOL Review
Committee; and
WHEREAS, Participants, IPPs and power marketers have also
agreed that the issue of whether and, if so, how to amend the
NEPOOL Agreement to permit membership by those not eligible for
NEPOOL membership after this Thirty-Second Agreement becomes
effective should be addressed before completion of the NEPOOL
restructuring process;
NOW THEREFORE, the signatory Participants hereby agree as
follows:
SECTION 1
AMENDMENTS TO NEPOOL AGREEMENT
1. The definition of "Entity" in Section 15.14 of the
NEPOOL Agreement, as heretofore amended, is amended to read as
follows:
Entity is any person or organization engaged in the electric
utility business (the generation and/or transmission and/or
distribution of electricity for consumption by the public,
or the purchase, as principal or broker, of electric energy
and/or capacity for resale at wholesale), whether the United
States of America or Canada or a state or province or a
political subdivision thereof or a duly established agency
of any of them, a private corporation, a partnership, an
individual, an electric cooperative or any other person or
organization recognized in law as capable of owning property
and contracting with respect thereto. No person or
organization shall be deemed to be an Entity if the
generation, transmission, or distribution of electricity by
such person or organization is primarily conducted to
provide electricity for consumption by such person or
organization or an affiliated person or organization.
2. Section 5.15 of the NEPOOL Agreement, as heretofore
amended, is amended to re-letter paragraph (h) as paragraph (i)
and by inserting the following new paragraph (h) after present
paragraph (g):
(h) The Management Committee shall have the authority, at
the time that it acts on an Entity's application
pursuant to Section 1.2 to become a Participant, to
waive, conditionally or unconditionally, compliance by
such Entity with one or more of the obligations imposed
by this Agreement if the Committee determines that such
compliance would be unnecessary or inappropriate for
such Entity and the waiver for such Entity will not
impose an additional burden on other Participants.
3. Section 5.16 of the NEPOOL Agreement, as heretofore
amended, is hereby amended to read as follows:
Each member of the Management Committee or that member's
designee shall be entitled to attend any meeting of the
Executive Committee, Operations Committee, and Policy
planning Committee and shall have a reasonable opportunity
to express views on any matter to be acted upon at the
meeting.
SECTION II
PARTICIPATION ON NEPOOL COMMITTEES
The Participants that are the signatories to this Thirty-
Second Agreement agree that they will cause their representatives
to take action in the NEPOOL Executive Committee, the NEPOOL
Operations Committee and the NEPOOL Policy Planning Committee to
authorize the IPPs, power marketers and power brokers that become
Participants (collectively, such IPPs, power marketers, and power
brokers are hereinafter referred to as "non-utility
Participants") to designate as a group after this Thirty-Second
Agreement becomes effective, a non-voting representative for each
of the NEPOOL Executive Committee, NEPOOL Operations Committee,
and NEPOOL Policy Planning Committee. The right to designate
such representatives to the NEPOOL Executive Committee, NEPOOL
Operations Committee, and NEPOOL Policy Planning Committee shall
be in addition to, and not in lieu of, such non-utility
Participants' rights under the existing provisions of the NEPOOL
Agreement to be represented by members on the NEPOOL Operations
Committee and NEPOOL Policy Planning Committee. If the non-
utility Participants designate a representative for the NEPOOL
Executive Committee, NEPOOL Operations Committee or NEPOOL Policy
Planning Committee, that representative shall be treated as if he
or she were a member of that Committee for purposes of notice of
and participation in Committee meetings, but shall not be
entitled to vote, and shall not be deemed a member of the
Committee for purposes of determining the number of votes
required for Committee action.
SECTION III
EFFECTIVENESS OF THE THIRTY-SECOND AGREEMENT
This Thirty-Second Agreement, and the amendments provided
for above, shall become effective on November 15, 1995, or on
such other date as the Federal Energy Regulatory Commission shall
provide that such amendments shall become effective.
SECTION IV
USAGE OF DEFINED TERMS
The usage in this Thirty-Second 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 V
COUNTERPARTS
This Thirty-Second 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 Thirty-Second Agreement may be
detached from any counterpart of this Thirty-Second Agreement
without impairing the legal effect of any signatures thereof, and
may be attached to another counterpart of this Thirty-Second
Agreement identical in form thereto 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 September, 1995.
COUNTERPART SIGNATURE PAGE
TO THIRTY-SECOND AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF SEPTEMBER 1, 1995
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-nine (29) amendments the
most recent of which was dated as of May 1, 1995, and as proposed
to be amended by a pending amendment dated as of July 1, 1995
______________________________
(Participant)
By: __________________________
Name:
Title:
Address:
APPENDIX 1
The following independent power producers and power
marketers who are participating in the work of the NEPOOL Review
Committee have provided the Participants assurances that they
support or do not oppose acceptance of the foregoing Agreement by
the Federal Energy Regulatory Commission:
Enron Power Marketing, Inc.
Coastal Electric Services Corp.
North American Energy Conservation, Inc.
KCS Power Marketing, Inc.
Electric Clearing House, Inc.