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
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Manager
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Bangor Hydro-Electric Company
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President & CEO
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Belmont Municipal Light Department
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Acting Manager
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Boston Edison Company
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Senior Vice President
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Boylston Municipal Light Department
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Manager
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Central Maine Power Company
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Senior Vice President
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City of Chicopee Municipal Lighting
Plant
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General Manager
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Commonwealth Energy System Companies
Commonwealth Electric Company
Cambridge Electric Light Company
Canal Electric Company
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President and CEO
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Concord Municipal Light Plant
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Superintendent
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Connecticut Municipal Electric
Energy Cooperative
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Executive Director
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Eastern Utilities
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Chairman/CEO
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Groton Electric Light Department
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Manager
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Hingham Municipal Lighting Plant
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General Manager
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Holden Municipal Light Department
By: /s/ Edla ▇▇▇ ▇▇▇▇▇
Director of Electric Services
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Holyoke Gas & Electric Department
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Manager
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Ipswich Municipal Light Department
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Director of Utilities
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Mansfield Municipal Electric
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Manager
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Marblehead Municipal Light Department
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General Manager
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Merrimac Municipal Light Department
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Commissioner
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Middleton Municipal Electric
Department
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Manager
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The Narragansett Electric Company
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President
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▇▇▇ ▇▇▇▇▇▇▇ Power Company
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Vice President
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Massachusetts Electric Company
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President
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Granite State Electric Company
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President
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The Connecticut Light and Power
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President
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Western Massachusetts Electric
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President
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Holyoke Water Power Company
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President
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Holyoke Power and Electric Company
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President
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Public Service Company of New
Hampshire
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President
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Pascoag Fire District - Electric
Department
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Chairman, Operating Committee
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Princeton Municipal Light
Department
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Manager
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Rowley Municipal Lighting Plant
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Manager
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Taunton Municipal Lighting Plant
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General Manager
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The United Illuminating Company
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Chairman and CEO
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Vermont Electric Power Company, Inc.
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President
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Central Vermont Public Service
Corporation
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Vice President
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Citizens Utilities Company
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Vice President
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City of Burlington Electric
Dept.
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General Manager
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Franklin Electric Light Co.
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President
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Green Mountain Power Corporation
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President & CEO
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Rochester Electric Light & Power
Company
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President
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Vermont Marble Company
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President
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Vermont Public Power Supply Authority
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General Manager
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Village of Hardwick Electric
Department
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General Manager
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Village of Ludlow Electric Light
Department
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Commissioner, Chairman
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Village of Morrisville Water and Light
Department
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇
Superintendent
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Village of Northfield Electric
Department
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Municipal Manager
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Village of Orleans Electric Department
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Village of Readsboro Electric
Light Department
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Utility Clerk
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Wakefield Municipal Light Department
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Manager
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