Exhibit 10.21
[*] The asterisk denotes that confidential portions of this exhibit have been
omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The
confidential portions have been submitted separately to the Securities and
Exchange Commission.
[EXELON LETTERHEAD]
Exelon Generation Company, LLC 000-000-0000
000 Xxxxxx Xxx
Xxxxxxx Xxxxxx, XX 00000
TO: Xxx Xxxxxx
COMPANY: Commonwealth Energy Corporation (d/b/a/ electricAMERICA)
This confirmation letter ("Letter") shall confirm the agreement reached on July
22, 2003, between Commonwealth Energy Corporation and Exelon Generation Company,
LLC, for the sale and purchase under the terms and conditions as follows:
Seller: Exelon Generation Company, LLC ("Exelon")
Buyer: Commonwealth Energy Corporation ("Commonwealth")
Product: Firm (LD) Energy
Term: 24 Months
Start Date: Hour Ending 0100 June 1, 2004
End Date: Hour Ending 2400 May 31, 2006
Quantity: [Confidential Treatment Requested]*
Schedule: 7 x 24 (around the clock)
Delivery Point: Western Hub, PJM Interconnection
Price: [Confidential Treatment Requested]*
Operations: Exelon will initiate a contract or contracts in eSchedules or its
successor. Such contract or contracts will be designated as "real-time" and will
identify Western Hub as source and sink.
Payment: Exelon will xxxx Commonwealth twice per month in arrears in accordance
with the following billing schedule:
[Confidential Treatment Requested]*
Enabling Authority: This Confirmation is entered into under that certain EEI
Master Power Purchase & Sale Agreement between Commonwealth and Exelon dated as
of July 1, 2003 (the "Master Agreement"). In the case of a conflict between the
terms of this Confirmation and the Master Agreement, the terms of this
Confirmation will govern over those of the Master Agreement. All terms not
defined herein shall have the meaning ascribed to them in the Master Agreement.
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EXELON GENERATION COMPANY, LLC COMMONWEALTH ENERGY CORPORATION
By: /S/ XXX XXXXXX /KWC By: /S/ XXX X. XXXXXX
-------------------------------- -----------------------------------
Name: Xxx XxXxxx Name: Xxx X. Xxxxxx
Title: President of Exelon Power Team Title: Chairman & CEO
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