EXHIBIT NO. 10.6f
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 I
AMENDMENTS
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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.
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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.
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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.
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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
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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
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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
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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, 1A, 1B,
1C, 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
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"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 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
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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 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.
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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
an amendment dated as of September 15, 1992.
Boston Edison Company
By: /s/ Cameron H. Daley
--------------------
Senior Vice President
800 Boylston Street
Boston, MA 02199
Central Maine Power Company
By: /s/ Donald F. Kelly
-------------------
Senior Vice President
Edison Drive
Augusta, Maine 04336
Commonwealth Electric Company for
Cambridge Electric Light
Company
Canal Electric Company
Commonwealth Electric Company
By: /s/ James J. Keane
------------------
Vice President
2421 Cranberry Highway
Wareham, MA 02571
Eastern Utilities Associates Companies
Blackstone Valley Electric Company
Eastern Edison Company,
Montaup Electric Company,
Newport Electric Corporation
By: /s/ Arthur A. Hatch
------------------
Executive Vice President
One Liberty Square
Boston, MA 02109
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The Narragansett Electric Company
By: /s/ Robert L. McCabe
--------------------
President
280 Melrose Street
Providence, RI 02901
New England Electric System Operating
Companies
Granite State Electric Company
By: /s/ Lydia M. Pastuszek
----------------------
President
4 Park Street
Concord, NH 03301-6313
Massachusetts Electric Company
By: /s/ John H. Dickson
-------------------
President
25 Research Drive
Westborough, MA 01582
New England Power Company
By: /s/ Jeffrey D. Tranen
---------------------
President
25 Research Drive
Westborough, MA 01582
Northeast Utilities Companies
The Connecticut Light and
Power Company
Western Massachusetts Electric
Company
Holyoke Water Power Company
Holyoke Power and Electric
Company
By: /s/ Frank P. Sabatino
---------------------
Vice President - Marketing
P.O. Box 270
Hartford, CT 06141-0270
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Public Service Company of New
Hampshire
By: /s/ Frank R. Locke
------------------
President
1000 Elm Street
Manchester, NH 03105
Vermont Electric Power Company,
Inc.
By: /s/ Richard W. Mallary
----------------------
P.O. Box 548
Rutland, VT 05702
Central Vermont Public Service
Corp.
By: /s/ Robert de R. Stein
----------------------
77 Grove Street
Rutland, VT 05701
Vermont Marble Company
By: /s/ John M. Mitchell
--------------------
Executive Vice President
61 Main Street
Proctor, VT 05765
Village of Enosburg Falls Water &
Light Department
By: /s/ Edward Gill de Rubio
------------------------
Manager
Route 4
Enosburg Falls, VT 05450
Village of Hardwick Electric
Department
By: /s/ Jack E. Young
-----------------
General Manager
P.O. Box 516
Hardwick, VT 05843
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Village of Jacksonville
By: /s/ Earle S. Holland
--------------------
President
Box 73
Jacksonville, VT 05342
Village of Morrisville Water &
Light Department
By: /s/ James C. Fox
----------------
Manager/Superintendent
P.O. Box 325
Morrisville, VT 05661
Village of Northfield Electric
Department
By: /s/ Kevin O'Donnell
-------------------
Municipal Manager
26 South Main Street
Northfield, VT 05663
Village of Readsboro Electric
Light Department
By: /s/ Annette Caruso
------------------
P.O. Box 247
Readsboro, VT 05350
Vermont Public Power Supply
Authority
By: /s/ William J. Gallagher
------------------------
General Manager
512 St. George Road
Williston, VT 05495
The United Illuminating Company
By: /s/ Richard J. Grossi
---------------------
Chairman and CEO
157 Church Street
New Haven, CT 06506-0901
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