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
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Manager
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Bangor Hydro-Electric Company
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Vice President, Operations
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P O. Box 932
Bangor, ME 04402-0932
Boston Edison Company
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Chairman, President and Chief
Executive Officer
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Boylston Municipal Light Department
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Manager
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Braintree Electric Light Department
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General Manager
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Central Maine Power Company
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Senior Vice President
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Commonwealth Electric Company
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Vice President - Power Supply and
Transmission
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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 Associates
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Chairman/CEO
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Fitchburg Gas and Electric
Light Company
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Senior Vice President
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Georgetown Municipal Light Department
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Manager
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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
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Holyoke Gas & Electric Department
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Manager
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Littleton Electric Light and Water
Department
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General Manager
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Marblehead Municipal Light Department
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General Manager
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Middleborough Gas & Electric Department
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General Manager
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Middleton Municipal Electric Department
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Interim Manager
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New England Electric System
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Vice President
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Northeast Utilities Companies
The Connecticut Light and Power
Company
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President and Chief Operating
Officer
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Western Massachusetts Electric
Company
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President and Chief Operating
Officer
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▇▇▇▇▇▇▇ Water Power Company
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President and Chief Operating
Officer
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▇▇▇▇▇▇▇ Power and Electric Company
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President and Chief Operating
Officer
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Public Service Company of New
Hampshire
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Senior Vice President
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Pascoag Fire District
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Chairman
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Manager
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Princeton Municipal Light Department
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General Manager
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Rowley Municipal Lighting Plant
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Manager
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Shrewsbury's Electric Light Plant
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General Manager
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Town of South ▇▇▇▇▇▇ Electric
Light Department
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Manager
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Taunton Municipal Lighting Plant
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General Manager
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Templeton Municipal Light Plant
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Manager/Engineer
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The United Illuminating Company
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Chairman and Chief Executive
Officer
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UNITIL Power Corporation
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Senior Vice President
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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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Senior Vice President
Engineering & Energy Resources
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Franklin Electric Light Company
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President
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Green Mountain Power Corporation
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
President & Chief Executive
Officer
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Vermont Marble Power Division of
OMYA, Inc.
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Executive Vice President
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Village of Jacksonville
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President Board of Trustees
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Village of Ludlow Electric Light
Department
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Chairman, Board of
Commissioners
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Village of Morrisville Water and
Light Department
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Superintendent
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Village of Northfield Electric
Department
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Municipal Manager
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Readsboro Electric
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Clerk
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Wakefield Municipal Light Department
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General Manager
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Westfield Gas & Electric Light
Department
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General Manager
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