MAINE YANKEE ATOMIC POWER COMPANY
Amendment No. 3
to
Power Contract
AMENDMENT, dated as of this first day of October, 1984, between MAINE
YANKEE ATOMIC POWER COMPANY ("Maine Yankee"), a Maine Corporation, and THE
CONNECTICUT LIGHT AND POWER COMPANY a corporation (the "Purchaser"), to the
Power Contract dated as of May 20, 1968 between Maine Yankee and the Purchaser
(the "Power Contract").
W I T N E S S E T H
WHEREAS, pursuant to the Power Contract, Maine Yankee supplies to the
Purchaser and, pursuant to separate Power Contracts, to the other Sponsors of
Maine Yankee, each of whom is contemporaneously entering into Amendments which
are identical to the Amendment except for the necessary changes in the names of
the parties, all of the capacity and the electric energy available from the
nuclear generating unit owned by Maine Yankee at a site on the tidewater in the
Town of Wiscasset, Maine, (such unit being herein together with the site and all
related facilities owned by Maine Yankee, referred to as the "Unit").
WHEREAS, the Federal Energy Regulatory Commission ("FERC") in a final Order
(the "Order") issued August 14, 1984 in Docket No. ER84-344 has directed Maine
Yankee to amend the Power Contract to conform with the FERC's regulations
regarding the treatment of construction work in progress ("CWIP") and nuclear
fuel in process ("NFIP") in rate base.
WHEREAS, in the Order the FERC also directed Maine Yankee to amend the
Power Contract to conform with the FERC's regulations regarding the treatment of
accumulated deferred income taxes in rate base.
NOW, THEREFORE, in consideration of the premises and to other good and
valuable consideration, receipt of which is hereby acknowledged, the parties
hereto agree that the Power Contract is hereby amended as follows:
1. Terms used herein and not defined shall have meanings set forth in the
Power Contract.
2. Section 7 of the Power Contract is amended by adding the following
paragraph to the end thereof:
Notwithstanding any other provision of this contract, the treatment of (1)
construction work in progress ("CWIP"), (2) nuclear fuel in process ("NFIP"),
and (3) accumulated deferred income taxes ("ADIT") for purposes of any
calculations relevant to the computation of monthly payments under this Section
7 shall conform to the Federal Energy Regulatory Commission's regulations
respecting such items, as such regulations may be modified from time to time.
This Agreement shall become effective on October 1, 1984, or upon such
later date as it shall be permitted to become effective by the Federal Energy
Regulatory Commission or other governmental regulatory authority having
jurisdiction.
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 of the counterparts had signed the
same instrument. Any signature page of this Agreement may be detached from any
counterpart without impairing the legal effect of any signatures thereon, and
may be detached from any counterpart without impairing the legal effect of any
signatures thereon, and may be attached to another counterpart of this contract
identical in form hereto by having attached to it one or more signature pages.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
respective officers hereto duly authorized, as of the date first above written.
MAINE YANKEE ATOMIC POWER COMPANY
By
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Its President
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Title
Address: Edison Drive
Agusta, Maine 04336
THE CONNECTICUT LIGHT & POWER COMPANY
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(PURCHASER)
By /s/E. JAMES FERLAND
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E. JAMES FERLAND
Its PRESIDENT & CHIEF OPERATING
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OFFICER
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Title