SECTION I TEXT OF AMENDMENT
Exhibit 10-38.05
TWENTY-EIGHTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS AGREEMENT, dated as of the 15th day of September, 1992
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
or proposed to be amended by twenty-seven (27) amendments, the
most recent of which was dated as of October 1, 1990.
WHEREAS, in response to the factors specified in Section
5.10 of the NEPOOL Agreement regarding election of members of the
Management Committee to serve as an Executive Committee, the
member of the Management Committee representing Public Service
Company of New Hampshire has been elected to serve as a member of
the Executive Committee since the formation of NEPOOL; and
WHEREAS, Northeast Utilities has recently acquired Public
Service Company of New Hampshire, Public Service Company of New
Hampshire has elected to be treated as a single Participant with
the other Entities controlled by Northeast Utilities, and
Public Service Company of New Hampshire is no longer entitled to
be separately represented by a member of the Management
Committee; and
WHEREAS, the signatory Participants have determined to amend
the NEPOOL Agreement in the manner specified below in order to
reflect the fact that the considerations specified in Section
5.10 for membership on the Executive Committee can now be
satisfied by election of only ten members.
NOW THEREFORE, the signatories hereby agree as follows:
SECTION I
TEXT OF AMENDMENT
Section 5.10 of the NEPOOL Agreement is amended to read as
follows:
Election of Executive Committee Members
Unless there are less than eleven members of
the Management Committee, the Management
Committee; at each annual meeting, shall
elect ten of its members to serve as an
Executive Committee. In electing the
Executive Committee, the Management Committee
shall give such consideration as it shall
deem advisable to qualifications for the
office, geographic distribution, the relative
sizes of Participants and the public and
private sectors of the electric utility
industry. Each member so selected may
designate an alternate who is acceptable to
the Management Committee.
SECTION II
EFFECTIVENESS OF AGREEMENT
Following its execution by the requisite number of
Participants, this Agreement, and the amendment provided for
above, shall become effective on December 1, 1992, 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 15th day of September, 1992.
CONFORMED COPY
COUNTERPART SIGNATURE PAGE
TO TWENTY-EIGHTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF SEPTEMBER 15, 1992
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-seven (27) amendments, the
most recent prior amendment being an amendment dated as of October 1,
1990.
Ashburnham Municipal Light Department
By: /s/ Xxxxxx X. Xxxxx
Manager
00 Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Bangor Hydro-Electric Company
By: /s/ Xxxxxx X. Xxxxxx
President & CEO
00 Xxxxx Xxxxxx
Xxxxxx, Xxxxx 00000-0000
Belmont Municipal Light Department
By: /s/ Xxxxxxx X. XxXxxxxx
Acting Manager
000 Xxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Boston Edison Company
By: /s/ Xxxxxxx X. Xxxxx
Senior Vice President
000 Xxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Boylston Municipal Light Department
By: /s/ H. Xxxxxxxx Xxxxx, Xx.
Manager
X.X. Xxx 000
Xxxxxxxx, XX 00000
Central Maine Power Company
By: /s/ Xxxxxx X. Xxxxx
Senior Vice President
Xxxxxx Xxxxx
Xxxxxxx, Xxxxx 00000
City of Chicopee Municipal Lighting
Plant
By: /s/ Xxxxx X. Xxxxx
General Manager
000 Xxxxx Xxxxxx
Xxxxxxxx, XX 00000-0000
Commonwealth Energy System Companies
Commonwealth Electric Company
Cambridge Electric Light Company
Canal Electric Company
By: /s/ Xxxxxx X. Xxxxxxx, Xx.
President and CEO
0000 Xxxxxxxxx Xxxxxxx
Xxxxxxx, XX 00000
Concord Municipal Light Plant
By: /s/ Xxxxxx X. Xxxx
Superintendent
000 Xxxxx Xxxx
Xxxxxxx, XX 00000
Connecticut Municipal Electric
Energy Cooperative
By: /s/ Xxxxxxx X. Xxxxxx
Executive Director
00 Xxxxx Xxxxxx
Xxxxxxx, XX 00000-0000
Eastern Utilities
By: /s/ Xxxxxx X. Xxxxxx
Chairman/CEO
Xxx Xxxxxxx Xxxxxx
Xxxxxx, XX 00000
Groton Electric Light Department
By: /s/ Xxxxx X. Xxxxxxx
Manager
X.X. Xxx 000
Xxxxxx, XX 00000
Hingham Municipal Lighting Plant
By: /s/ Xxxxxx X. Xxxxxx, Xx.
General Manager
00 Xxx Xxxxxx
Xxxxxxx, XX 00000
Holden Municipal Light Department
By: /s/ Edla Xxx Xxxxx
Director of Electric Services
00 Xxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Holyoke Gas & Electric Department
By: /s/ Xxxxxx X. Xxxxx
Manager
00 Xxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Ipswich Municipal Light Department
By: /s/ Xxxxxx X. Xxxxx
Director of Utilities
X.X. Xxx 000
Xxxxxxx, XX 00000
Mansfield Municipal Electric
By: /s/ Xxxx Xxxxx
Manager
00 Xxxx Xxxxxx
Xxxxxxxxx, XX 00000
Marblehead Municipal Light Department
By: /s/ Xxxxxxx X. Xxxxxx
General Manager
00 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Merrimac Municipal Light Department
By: /s/ Xxxxx Xxxxx
Commissioner
0 Xxxxxx Xxxxxx
Xxxxxxxx, XX 00000
Middleton Municipal Electric
Department
By: /s/ Xxxxxxx X. Xxxxx
Manager
000 Xxxxx Xxxx Xxxxxx
Xxxxxxxxx, XX 00000
The Narragansett Electric Company
By: /s/ Xxxxxx X. XxXxxx
President
000 Xxxxxxx Xxxxxx
Xxxxxxxxxx, Xxxxx Xxxxxx
Xxx Xxxxxxx Power Company
By: /s/ Xxxxxxx X. Xxxxxx
Vice President
00 Xxxxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
Massachusetts Electric Company
By: /s/ Xxxx X. Xxxxxxx
President
00 Xxxxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
Granite State Electric Company
By: /s/ Xxxxx X. Xxxxxxxxx
President
00 Xxxx Xxxxxxx Xxxx
Xxxxxxx, Xxx Xxxxxxxxx
The Connecticut Light and Power
By: /s/ Xxxxxxx X. Xxx
President
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Western Massachusetts Electric
By: /s/ Xxxxxxx X. Xxx
President
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Holyoke Water Power Company
By: /s/ Xxxxxxx X. Xxx
President
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Holyoke Power and Electric Company
By: /s/ Xxxxxxx X. Xxx
President
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Public Service Company of New
Hampshire
By: /s/ Xxxxxxx X. Xxx
President
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Pascoag Fire District - Electric
Department
By: /s/ Xxxxx X. Xxxxxxx
Chairman, Operating Committee
00 Xxxxx Xxxx Xxxxxx
Xxxxxxx, XX 00000
Princeton Municipal Light
Department
By: /s/ Xxxxxx X. Xxxx
Manager
X.X. Xxx 000
Xxxxxxxxx, XX 00000-0000
Rowley Municipal Lighting Plant
By: /S/ G. Xxxxxx Xxxxx
Manager
00 Xxxxxx Xxxxxx
Xxxxxx, XX 00000
Taunton Municipal Lighting Plant
By: /s/ Xxxxxx X. Xxxxx
General Manager
00 Xxxx Xxxxxx
Xxxxxxx, XX 00000
The United Illuminating Company
By: /s/ Xxxxxxx X. Xxxxxx
Chairman and CEO
000 Xxxxxx Xxxxxx
Xxx Xxxxx, XX 00000-0000
Vermont Electric Power Company, Inc.
By: /s/ Xxxxxxx X. Xxxxxxx
President
X.X. Xxx 000
Xxxxxxx, Xxxxxxx 00000-0000
Central Vermont Public Service
Corporation
By: /s/ Xxxxxx de X. Xxxxx
Vice President
00 Xxxxx Xxxxxx
Xxxxxxx, XX 00000
Citizens Utilities Company
By: /s/ Xxxxx X. Xxxxx
Vice President
Xxxx Xxxxx Xxxx
Xxxxxxxx, XX 00000
City of Burlington Electric
Dept.
By: /s/ Xxxx X. Xxxxxxx
General Manager
000 Xxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Franklin Electric Light Co.
By: /s/ Xxxx X. Xxxxx
President
X.X. Xxx 00
Xxxxxxxx, XX 00000-0000
Green Mountain Power Corporation
By: /s/ Xxxx X. Xxxxxx
President & CEO
X.X. Xxx 000
X. Xxxxxxxxxx, Xxxxxxx 00000
Rochester Electric Light & Power
Company
By: /s/ Xxxxxx Xxxxxx
President
X.X. Xxx 0
Xxxxxxxxx, Xxxxxxx 00000
Vermont Marble Company
By: /s/ Xxxx X. Xxxxxxxx
President
00 Xxxx Xxxxxx
Xxxxxxx, Xxxxxxx 00000
Vermont Public Power Supply Authority
By: /s/ Xxxxxxx X. Xxxxxxxxx
General Manager
000 Xx. Xxxxxx Xxxx
Xxxxxxxxx, XX 00000
Village of Hardwick Electric
Department
By: /s/ Xxxx X. Xxxxx
General Manager
Xxx 000
Xxxxxxxx, Xxxxxxx 00000
Village of Ludlow Electric Light
Department
By: /s/ Xxxxxx Xxxxxxx
Commissioner, Chairman
X.X. Xxx 000
Xxxxxx, Xxxxxxx 00000
Village of Morrisville Water and Light
Department
By: /s/ Xxxxx X. Xxx
Superintendent
00 Xxxxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
Village of Northfield Electric
Department
By: /s/ Xxxxx X'Xxxxxxx
Municipal Manager
00 Xxxxx Xxxx Xxxxxx
Xxxxxxxxxx, Xxxxxxx 00000
Village of Orleans Electric Department
By: /s/ Xxxxxxx X. Xxxxx
Xxxxxxxxxxxxxx
Xxxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Village of Readsboro Electric
Light Department
By: /s/ Xxxxxxx Xxxxxx
Utility Clerk
X.X. Xxx 000
Xxxxxxxxx, Xxxxxxx 00000
Wakefield Municipal Light Department
By: /s/ Xxxxxxx X. Xxxxxxx
Manager
00 Xxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
