Exhibit 10-39.05
TWENTY-NINTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS AGREEMENT, dated as of the 1st day of May, 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.
WHEREAS, Participant generation resources, other than
hydroelectric units, whose annual hours of operation are
restricted by regulatory requirements, contract terms or
engineering or operating constraints, may require treatment
different from that otherwise provided in the NEPOOL Agreement
for Capability Responsibility and energy billing purposes; and
WHEREAS, the signatory Participants have determined to amend
the NEPOOL Agreement in the manner specified below in order to
provide for a modified Capability Responsibility and energy
billing treatment for restricted generation resources
NOW THEREFORE, the signatories hereby agree as follows:
Section I
TEXT OF AMENDMENTS
A. Amendment of Section 9.2(b)(2)
Section 9.2(b)(2) of the NEPOOL Agreement is amended by
inserting the following additional provisions immediately
following the present final paragraph of Section 9.2(b)(2):
The New Unit Adjustment Factor for any Restricted Unit
for which proposed plans were submitted subsequent to
November 1, 1990 for review pursuant to Section 10.4
(or, in the case of a unit with a rated capacity of
less than SMW, for which notification was first given
to NEPOOL subsequent to November 1, 1990) and for the
Peabody Municipal Light Plant's Waters River #2 unit
shall be determined in accordance with the formula
previously specified in this Section 9.2(b)(2),
modified as follows:
n = (K to the 1st base)(c-C) + (K to the 2nd base)(f-F) + (K
to the third base)(m-M) + (K to the fourth base)(d-D) +
(K to the fifth base)(f-Fc) + (K to the sixth
base)(2500-a)
The symbols used in the above formula, as modified,
shall have the meanings previously specified, except
that the symbols "K to the 6th base" and "a" shall have the
following meanings:
K to the 6th base is a scaling factor of 0.0001.
a is as follows:
for units with more than 2500 annual
hours available for operation, "a" =
2500,
for units with annual hours available
for operation between 500 and 2500,
inclusive, "a" = annual hours available
for operation, and
for units with annual hours available
for operation less than 500 hours, "a" =
-7500;
provided, however, that a Participant may elect to
avoid, in whole or part, the effect on its Capability
Responsibility of a Restricted Unit's availability
being limited to 2500 hours or less a year by agreeing
to leave unfilled a portion of its dispatchable load
allocation in accordance with rules to be adopted by
the Operations Committee.
B. Amendment of Section 12.6
The first two sentences of Section 12.6 of the NEPOOL
Agreement are amended to read as follows:
If pursuant to Section 12.5A, a Participant is deemed
to have received energy service in any hour when the
Participant (i) had Entitlements in one or more
generating units which were available for service but
were not scheduled for operation by NEPEX at their full
available Reserve Capability (or, to the extent
applicable, at their full available Temporary Reserve
Capability) and which, in the case of any Restricted
Unit, had an unused portion of an available Restricted
Unit Operational Allowance and/or (ii) had Scheduled
Outage Service Entitlements, the Participant shall be
deemed to have received Economy Flow Service and/or
Scheduled Outage Service in an amount equal to the
lesser of:
(a) the amount of energy service the Participant is
deemed to have received pursuant to Section 12.5A,
or
(b) the amount of energy service which could have been
provided from its share of (1) the unused portion
of the available Reserve or Temporary Reserve
Capabilities of the units described in (i) above,
as limited in the case of any Restricted Unit by
the unused portion of its available Restricted
Unit Operational Allowance, plus (2) its Scheduled
Outage Service Entitlements.
Economy Flow Service is service which a Participant is
deemed to receive at any time to replace service which
it could have provided at the time from units described
in (i) above, and the amount of Economy Flow Service
which it is deemed to receive at the time shall not
exceed the amount of energy service which could have
been provided from its share of the unused portions of
the available Reserve Capabilities (or, to the extent
applicable, the unused portion of the available
Temporary Reserve Capabilities or the unused portion of
the available Restricted Unit Operational Allowances,
whichever is controlling) of such units.
C. Addition of Definitions of "Restricted Unit" and "Restricted
Unit Operational Allowance".
The NEPOOL Agreement is amended by adding the following
definitions following the definition of "Reserve Savings Shares"
in Section 15 37A:
15.37B. Restricted Unit is a generating unit,
other than a hydroelectric unit, that is
restricted in annual hours available for
operation by regulatory requirements,
contract terms or actual engineering or
operating constraints Planned or
forced outages due to maintenance
requirements are not considered
restrictions in annual hours available
for operation.
15.37C. Restricted Unit Operational Allowance
("Allowance") for a Participant's
Entitlement in a Restricted Unit for any
calendar year (or for the term of the
Entitlement in any year, if such term is
for a shorter period than the year) is
the number of hours for which the
Restricted Unit is available for
operation during the year or such
shorter period, whichever is applicable.
The Allowance for a Participant's
Entitlement in a Restricted Unit for any
year or shorter period shall be deemed
to be exhausted when (i) the number of
hours that the Operations Committee
determines the Participant would have
used its Restricted Unit Entitlement to
minimize the Participant's overall
energy costs in the absence of NEPEX
dispatch, plus (ii) the number of hours
that the Participant is deemed to
receive Scheduled Outage Service with
respect to its Entitlement in the
Restricted Unit during the year or such
shorter period pursuant to Section 12.6,
equals the Allowance.
D. Modification of Definition of "Scheduled Outage Service
Entitlement".
The definition of "Scheduled Outage Service Entitlement" in
Section 15.38B of the NEPOOL Agreement is amended to read as
follows:
15.38B Scheduled Outage Service Entitlement of
a Participant is the amount of Scheduled
Outage Service which the Participant is
entitled to receive in any hour with
respect to a generating unit which is
scheduled by the Operations Committee to
be out of service, in whole or in part,
for maintenance during a period approved
for it by the Operations Committee for
Scheduled Outage Service and is in fact
out of service, in whole or in part, for
any reason during the approved period.
Such amount is equal to the lesser of
(i) the portion of the Participant's
share of the Reserve Capability of such
unit which is unavailable for service
times an estimated average availability
of such unit between its periodic
scheduled outages or (ii) in the case of
any generating unit with a currently
applicable Temporary Reserve Capability,
the portion of the Participant's share
of the Temporary Reserve Capability
which is unavailable for service;
provided, however, that (a) in the case
of any Limited Fuel Unit, the amount of
a Participant's Scheduled Outage Service
Entitlement shall be reduced, if
appropriate, to take account of any
limit on the availability of stream flow
or fuel to operate the unit during the
outage period, and (b) in the case of
any Restricted Unit, the Participant's
Scheduled Outage-Service Entitlement
shall be limited to the unused portion,
if any, of its currently available
Restricted Unit Operational Allowance
for the unit The Operations Committee
shall develop rules for establishing the
estimated average availability of each
unit between scheduled outages. Such
rules shall become effective upon
approval by the Management Committee.
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 August 1, 1993, 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 1st day of May, 1993.
CONFORMED COPY
COUNTERPART SIGNATURE PAGE
TO TWENTY-NINTH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
DATED AS OF MAY 1, 1993
The NEPOOL Agreement, being dated as of September 1, 1971,
and being previously amended by twenty-eight (28) amendments, the
most recent prior amendment being an amendment dated as of
September 15, 1992.
Ashburnham Municipal Light Department
By: /s/ Xxxxxx X. Xxxxx
Manager
00 Xxxxxxx Xxxxxx
X.X. Xxx 000
Xxxxxxxxxx, XX 00000
Bangor Hydro-Electric Company
By: /s/ Xxxxxxx X. Xxx
Vice President, Operations
00 Xxxxx Xxxxxx
P O. Box 932
Bangor, ME 04402-0932
Boston Edison Company
By: /s/ X.X. Xxxxxxxx
Chairman, President and Chief
Executive Officer
000 Xxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Boylston Municipal Light Department
By: /s/ H. Xxxxxxxx Xxxxx Xx.
Manager
Xxxxxx Xxxx, X.X. Xxx 000
Xxxxxxxx, XX 00000
Braintree Electric Light Department
By: /s/ Xxxxxx X. XxXxxxx
General Manager
00 Xxxxx Xxxxxx
Xxxxxxxxx, XX 00000
Central Maine Power Company
By: /s/ Xxxxxx X. Xxxxx
Senior Vice President
Xxxxxx Xxxxx
Xxxxxxx, XX 00000
Commonwealth Electric Company
By: /s/ Xxxxx X. Xxxxx
Vice President - Power Supply and
Transmission
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
Eastern Utilities Associates
By: /s/ Xxxxxx X. Xxxxxx
Chairman/CEO
X.X. Xxx 0000
Xxxxxx, XX 00000
Fitchburg Gas and Electric
Light Company
By: /s/ Xxxxx X. Xxxxx
Senior Vice President
000 Xxxxxx Xxxx
Xxxxxx, XX 00000
Georgetown Municipal Light Department
By: /s/ Xxxxxx Xxxxxxx
Manager
Xxxxxxx and Xxxx Xxxx Xxxxxxx
Xxxxxxxxxx, 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
00 Xxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Holyoke Gas & Electric Department
By: /s/ Xxxxxx X. Xxxxx
Manager
00 Xxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Littleton Electric Light and Water
Department
By: /s/ Xxxxxx X. Xxxxxxxx
General Manager
00 Xxxx Xxxx
Xxxxxxxxx, XX 00000
Marblehead Municipal Light Department
By: /s/ Xxxxxxx X. Xxxxxx
General Manager
00 Xxxxxxxxxx Xxxxxx, Xxx 000
Xxxxxxxxxx, XX 00000
Middleborough Gas & Electric Department
By: /s/ Xxxx X. Xxxxxx
General Manager
00 Xxxxx Xxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Middleton Municipal Electric Department
By: /s/ Xxxxxxx X. Xxxxxx
Interim Manager
000 Xxxxx Xxxx Xxxxxx
Xxxxxxxxx, XX 00000
New England Electric System
By: /s/ Xxxxxxx X. Xxxxxx
Vice President
00 Xxxxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
Northeast Utilities Companies
The Connecticut Light and Power
Company
By: /s/ Xxxxxxx X. Xxx
President and Chief Operating
Officer
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Western Massachusetts Electric
Company
By: /s/ Xxxxxxx X. Xxx
President and Chief Operating
Officer
X.X Xxx 000
Xxxxxxxx, XX 00000-0000
Xxxxxxx Water Power Company
By: /s/ Xxxxxxx X. Xxx
President and Chief Operating
Officer
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Xxxxxxx Power and Electric Company
By: /s/ Xxxxxxx X. Xxx
President and Chief Operating
Officer
X.X. Xxx 000
Xxxxxxxx, XX 00000-0000
Public Service Company of New
Hampshire
By: /s/ X. X. Xxxxx, Xx
Senior Vice President
0000 Xxx Xxxxxx
Xxxxxxxxxx, XX 00000
Pascoag Fire District
By: /s/ Xxxxxx X. Xxxxxxxxxx
Chairman
X.X. Xxx 000
Xxxxxxx, Xxxxx Xxxxxx 00000
Xxxxxx Light Department
By: /s/ Xxxxxx X. Xxxxx
Manager
000 Xxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Princeton Municipal Light Department
By: /s/ Xxxxxx X. Xxxx
General 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
Shrewsbury's Electric Light Plant
By: /s/ Xxxxxx X. Xxxxx
General Manager
000 Xxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Town of South Xxxxxx Electric
Light Department
By: /s/ Xxxxx X. Xxxxxxxxx
Manager
00 Xxxx Xxxxxx
Xxxxx Xxxxxx, XX 00000
Taunton Municipal Lighting Plant
By: /s/ Xxxxxx X. Xxxxx
General Manager
X X. Xxx 000
Xxxxxxx, XX 00000
Templeton Municipal Light Plant
By: /s/ Xxxxxx Xxxxxxx
Manager/Engineer
0 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
The United Illuminating Company
By: /s/ Xxxxxxx X. Xxxxxx
Chairman and Chief Executive
Officer
000 Xxxxxx Xxxxxx
Xxx Xxxxx, XX 00000-0000
UNITIL Power Corporation
By: /s/ Xxxxx X. Xxxxx
Senior Vice President
000 Xxxxxx Xxxx
Xxxxxx, XX 00000
Vermont Electric Power Company, Inc.
By: /s/ Xxxxxxx X. Xxxxxxx
President
X.X. Xxx 000
Xxxxxxx, XX 00000-0000
Central Vermont Public
Service Corporation
By: /s/ Xxxxxx de X. Xxxxx
Senior Vice President
Engineering & Energy Resources
00 Xxxxx Xxxxxx
Xxxxxxx, XX 00000
Franklin Electric Light Company
By: /s/ Xxxx X. Xxxxx
President
X.X Xxx 00
Xxxxxxxx, XX 00000
Green Mountain Power Corporation
By: /s/ Xxxx X. Xxxxxx
President & Chief Executive
Officer
X.X Xxx 000
Xxxxx Xxxxxxxxxx, XX 00000
Vermont Marble Power Division of
OMYA, Inc.
By: /s/ Xxxx X. Xxxxxxxx
Executive Vice President
00 Xxxx Xxxxxx
Xxxxxxx, XX 00000
Village of Jacksonville
By: /s/ Xxxxx X. Xxxxxxx
President Board of Trustees
X.X. Xxx 00
Xxxxxxxxxxxx, XX 00000
Village of Ludlow Electric Light
Department
By: /s/ Xxxxxx Xxxxxxx
Chairman, Board of
Commissioners
X.X. Xxx 000
Xxxxxx, XX 00000
Village of Morrisville Water and
Light Department
By: /s/ Xxxxx X Xxx
Superintendent
X.X. Xxx 000
Xxxxxxxxxxx, XX 00000-0000
Village of Northfield Electric
Department
By: /s/ Xxxxx X'Xxxxxxx
Municipal Manager
00 Xxxxx Xxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Readsboro Electric
By: /s/ Xxxxxxx Xxxxxx
Clerk
X.X. Xxx 000
Xxxxxxxxx, XX 00000
Wakefield Municipal Light Department
By: /s/ Xxxxxxx X. Xxxxxxx
General Manager
0 Xxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
Westfield Gas & Electric Light
Department
By: /s/ Xxxxxx Xxxxxxx
General Manager
Xxx Xxxxxx
Xxxxxxxxx, XX 00000
