Exhibit 3.1 STATE OF DELAWARE DEPARTMENT OF STATE DIVISION OF CORPORATIONS FILED 08:30 AM 12/27/2001 010670531 - 3474242 CERTIFICATE OF TRUST OF PSEG POWER CAPITAL TRUST I THIS CERTIFICATE OF TRUST of PSEG Power Capital Trust I (the "Trust"), dated as of December 27, 2001, is being duly executed and filed by the undersigned, as trustees, to form a business trust under the Delaware Business Trust Act (12 Del. C. ss. 3801, et seq.) (the "Act"). (i) Name. The name of the business trust being formed hereby is PSEG Power Capital Trust I. (ii) Delaware Trustee. The name and business address of the trustee of the Trust in the State of Delaware are The Bank of New York (Delaware), Route 273, White Clay Center, Newark, Delaware 19711. (iii) Counterparts. This Certificate of Trust may be executed in one or more counterparts, all of which together shall constitute one and the same instrument. (iv) Effective Date. This Certificate of Trust shall be effective as of its filing with the Secretary of State of the State of Delaware. IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust, have executed this Certificate of Trust as of the date first above written in accordance with Section 3811(a) of the Act. THE BANK OF NEW YORK as Trustee By: /s/ Marie E. Trimboli ------------------------------- Name: Marie E. Trimboli Title: Assistant Vice President THE BANK OF NEW YORK (DELAWARE) as Trustee By: /s/ William T. Lewis ------------------------------- Name: William T. Lewis Title: Senior Vice President MARK G. KAHRER, as Trustee /s/ Mark G. Kahrer -------------------------------