STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the maner of

The Stare of Connecticut and

Devon Power LLC

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Trading Agreement

and Order No. 8219A

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Whereas, the Commissioner of Environmental Protection ("Commissioner") and Devon

Power LLC (''DP'') agree that it is in the public interest that they work cooperatively to

improve the air quality within the State of Connecticut and that the use of discrete emission

reduction credit (UDERC") trading to reduce nitrogen oxide ("NOx") emissions will achieve

this result in a timely and cost-effective manner.

A. At the request and with the agreement of DP, the Commissioner finds the following:

1. This Trading Agreement and Order 5upercedes Trading Agreement and Order

8219 issued on March 22, 2002.

2. DP is an exempt wholesale electric generating company with its principal place

of business in Sewickley, Pennsylvania. On December 15,1999 DP purchased

from The Connecticut Light and Power Company and now owns one fossil

fuel-fired electric generating station, Devon Station, at Naugatuck Avenue,

Milford, Connecticut ("facility").

3. At the facility, NRG Devon Operations Inc. operates fuel burning equipment,

consisting of Devon Station Unit 7, a 109 megawatt front-fired boiler and,

Devon Station Unit 8, a 109 megawan front-fired boiler Connecticut

Registration Numbers 105-0055 and 105-0058 respectively ("boilers 7 and 8"),

which is subject to Subsection 22a~ 174-22 of the Regulations of Connecticut

State Agencies ("Regulations"). Boilers 7 and 8 have the dual capacity to

operate on No.6 fuel oil, No.2 fuel oil, and/or natural gas. No.2 fuel oil is

used primarily as an ignition fuel as part of the start-up procedure. A

continuous emissions monitor ("CEM"') certified to 40 Code of Federal

Regulations ("CFR") Part 75, measures NOx from boilers 7 and 8.

4. Boilers 7 and 8 sometimes exceed the NOx allowable emission rate limit

specified in Section 22a-174~22(e) of the Regulations.

5. To reduce excess NOx emissions DP has represented that it monitOrs and

controls the combustion process of boilers 7 and 8, and bums natural gas, so

that emissions frequently can be kept below the Ox emission limitations

established by Section 22a~ 174~22(e) of the Regulations.

(Prinled 011 Recycled Piper)

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A" Equal OpPQrlunily Emp/oya
Devon Power LLC Trading Agreement and

Order No. 8219A

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6. Pursuant to Section 22a·174-22(j) of the Regulations, during the non-ozone

season, DP intends both to acquire and generate approved DERCs until

September 30,2004 for boilers 7 and 8 at the facility. Pursuant (o Section 22a174-22U) of the Regulations, during the ozone season, DP intends both .to

acquire and generate approved Budget discrete emission reduction cregits

("BDERCs") until September 30, 2004 for boilers 7 and 8 at the facility. ,

7. When properly documented by DP, and approved by the Commissioner, the

emission reductions identified above, and as computed in accordance with the

terms of this Trading Agreement and Order, will conform to the requirements

of Section 22a-174-22U)(3) of the Regulations. Specifically, the reductions

will be:

Real because they will result in a reduction of ac{ual emissions released

into the air, net of any consequential increase in actual emissions resulting

from shifting demand. The emission reductions will be properly measured,

recorded and reponed.

Quantifiable because they are based on CEM data as applied in an

appropriate reliable and replicable protocol, providing the rate and total

mass amount of reduction.

Surplus because they are not required by any Connecticut statute or

regulation mandated by a current State Implementation Plan ("SJP"), and

are. nO[ currently relied upon in any applicable attainment plan, any

reasonable funher progress plan or milestone demonstration.

Permanent because the advanced control systems and installation

capabilities are in place and operating, and an appropriate tracking system is

in place to monitor all data required to verify and quantify the creation of

DERCs.

Enforceable because the DERCs are approved by the Commissioner

retrospectively after the submission by DP of a report that documents their

creation.

8. The emissions trading baselines ("baseline emission rate") and the allowable

emission limits for boilers 7 and 8 in pounds per million British thenna} units

("lbsJM:M:Btu") of heat input when operating on fuel oil and natural gas are

provided on the following table 1:

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Devon Power LLC Trading Agreement and

Order No. 8219A

Table 1

NOx Allowable Limits and Baseline Emission Rate in IbsJrvIMBtu

Emission Fuel Heat Input Emissions AllowablelBaselille emission

Unit MMBtulhr Test rate

IbslMMBtu

Boiler 7 No.6

I 1139 CEM 0.25

Registration No.2, . aM 0.17

No. 105-0055 Naturai .2as CEM 0.20

Boiler 8 No.6 1139 CEM 0.25

Registration No.2 CEM 0.17

No. 105-0058 Natural Gas CEM 0.20

9. Starting on October 1, 2003, and during the period from October 1 through April

30, inclusive, each year until September 30,2004, DP may only obtain approval of

actual reductions in NOx emissions, generated by operating boilers 7 and 8 at a rate

that is below 0.15 Ibsf1v1}..1Btu during the non-ozone season on No.6 oil, 2 oil

andlor natural gas.

10. The Commissioner, in accordance with the provisions of Trading Agreement and

"'" Order 8219 and Addendum 1, pursuant to Section 22.-174-22(d)(3) of the

'......-j}' Regulations, previously approved the non-ozone season NOx DERCs referenced in

Table 2 of this Trading Agreement and Order. DERC creation serial numbers (if

assigned by the Department) to these previously approved reductions of NOx

emissions are provided in Table 2 of this Trading Agreement and Order. DERCs

are subject to the vintage restrictions in this Trading Agreement and Order. Dates

that after which the unused DERCs will no longer be eligible for use as a result of

the vintage restrictions are provided in Table 2 of this Trading Agreement and

Order in the expiration date column.

reVlOuslv aoorove - x s

Year of Non-alone season NOx DERC Tons Expiration

Generation serial numbers Date

1999 CT99/8219(DC)NOxnoz2-10 9 12131/04

2000 CTOO/8219(DC)NOxnozl-116 116 12/31105

2001 CT01l8219(DC)1-37 37 12131106

Table 2

P I dNO DERC

B. The Commissioner, in accordance with the provisions of this Trading Agreement and

Order, pursuant to Section 22a-174-22(d)(3) of the Regulations, hereby allows DP to:

', ...../

1. Comply with Section 22a-174-22(d)(1) of the Regulations through use of BDERC and

DERC trading;

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Devon Power LLC Trading Agreement and

Order No. 8219A

2. Ozone season BDERCs may be generated and used in accordance with this Trading

Agreentent and Order; and

3. Upon sufficient documentation as prescribed in this Trading Agreement and Order,

generate additional BDERCs and DERCs. Upon issuance of an addendum to this

Trading Agreement and Order the Commissioner may approve the generation of

additional BDERCs'and DERCs by DP retrospectively. Approved BDERCs and

OERCs generated by DP may be held by DP or transferred to other persons in

accordance with this Trading Agreement and Order.

C. With the agreement ofDP, the Commissioner, acting under Sections 22a-6, 22a-171,

22a-174, 22a-176, and 22a-I77 of the Connecticut General Statutes, hereby orders

DP as follows:

1. Upon issuance oftms Trading Agreement and Order, OP may generate approved

BOERCs and DERCs as allowed under this Trading Agreement and Order until

September 30, 2004.

2. Upon issuance of this Trading Agreement and Order, at the facility, DP shall comply

with Section 22a-174-22 of the ReguJations through emission reduction trading. Until

OP achieves permanem compliance with the emission standard in Section 22a-174-

22(e) of the regulation or by September 30,2004, whichever occurs earlier:

a. OP shall use approved OERCs and BDERCs as required under this Trading

Agreement and Order; and

b. DP shall have in its possession sufficient approved BDERCs and DERCs [0

meet applicable NOx emission limits as allowed under this Trading Agreement

and Order.

3. DERC 2eneration.

a. Until September 30,2004, when boilers 7 and 8 have daily NOx emissions

below the applicable baseline emission rate(s), or the proportioned baseline

emission rate, or when boilers 7 and 8 have seasonal Ox emissions below

0.15Ibsflv1MBtu during the non-ozone season starting on October I, 2003,

DP shall calculate the amount of DERCs generated as follows:

DERCs (tons) ; {[Total heat inpu,' of all fuels in MMBtu x «(proponioned

baseline emission rarel

) - (the CEM-recorded NOx emission

rate'))] 2000 lbslton} x (0.90)'

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Devon Power LLC Trading Agreement and

Order No. 8219A

(~ ....'

b.

c.

d.

I Heat input shall be calculated using the lower of CEM-recorded dau or actual fuel usage

d3ta in MMBtu per unit of fuel combusted.

! This r3te shall be calculated by 1) multiplying the he.:n input of each fuel combusted by the

baseline emission rate(s) for such fuel; 2) summing those products: and 3) dividing the sum

by the total heat input. If the boiler is operating exclusively on one fuel, DP may replace the

proportion.ed tl'aseline emission rate with the applicable. baseline emission rate, for that fuel.

Starting on October I, 2003, the baseline emission rate during the non-alone season shall be

0.15IbslMMBtu.

) During me alOne season until September 30, 2004, and during the non-owne season until

October 1, 2003, this rate shall be calculated pursuant to the methodology described in 40

Code of Federal Regulations Part 75 and weighted pursuant to me Department's policy

statement entitled "Guidance for Calculation of Emission Reduction Credits and

Determ.ination of Compliance with NOx R.A.cr for Sources Subject to 40 CFR 75 (Acid

Rain Sources)" dated December 18, 1998 which is attached to and incorporated by reference

into mis Trading Agreement and Order as part of Attachment I.

, An additional ten (10) percent of all DERCs (tons) generated by the boiler shall also be

retired by me facility and permanently removed from all calculations on a daily basis to

assure a benefit to me environment. Starting on October 1. 2003, during the non·ozone

season, me ten percent discount shall be retired by the facility and permanently removed

from all calculations on a seasonal basis to assure a benefit to the environment.

Durin2. the ozone season until September 30. 2004 and durin2. the non-ozone

season until October 1. 2003: For purposes of calculating the number of

BDERCs and DERCs generated from boilers 1 and 2 at the facility, DP shall use

the baseline emission rates for boilers 7 and 8, or the proportioned baseline

emission rate set for,th in footnote 2 of paragraph C.3.a. of this Trading

Agreement and Order, when simultaneously operating on more than one fuel.

DP shall use the above referenced baseline emission rate(s) when calculating the

proponioned baseline emission rate.

Startin2. on October L 2003 and until September 30.2004 during the nonozone season: For purposes of generating DERCs from boilers 1 and 2 at

the facility, DP shall use 0.15Ibs/MlvIBtu of heat inpur when operating on

No.6 fuel oil, No.2 fuel oil, andlor natural gas as the non-ozone season

baseline emission rate for boilers 7 and 8. Ten (10) percent of all DERCs

(tons) generated by boilers 7 and 8 shall be retired by the facility and

pennanently removed from all calculations on a non-ozone season basis to

assure a benefit to the environment.

Non-ozone Season Restrictions. Non-ozone season NOx DERCs generated

by DP shall be created and approved in accordance with this Trading

Agreement and Order, and shall remain valid until they are used or until

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Devon Power LLC Trading Agreement and

Order No. 8219A

their vintage expiration date, or until September 30, 2004, whichever occurs

first.

e. Durin!! the ozone season until September 30. 2004 and during the non-Olone

season until October 1. 2003: In requesting approval of DERCs generated by

boilers 7 and 8( DP shall provide documentation containing a sample

spreadsheet With calculation fonnulas used to determine reported numbers;

monthly operating reports of actual fuel usage including the fuel BTU content,

number of gallons, and cubic feet used for each fuel type; daily:M1v1Btu for each

fuel type and actual heat input based upon CEM-recorded data; daily weighted

and unweighted actual NOx emission rates (24-hour average); and DERCs

generated using the baseline emission rate(s), or the proportioned baseline

emission rate set forth in footnote 2 of paragraph C.3.a. of this Trading

Agreement and Order, net of the ten (10) percent environmental discount.

..<I),

"-:,,

f. During the non-ozone season startin2 on October 1. 2003 and until September

30.2004:

In requesting approval of DERCs generated by boilers 7 and 8, DP shall provide

documentation containing a sample spreadsheet with calculation fonnulas used

to determine reported numbers; non-ozone season operating reports of actual

fuel usage including the fuel BTU content, number of gallons, and cubic feet

used for each fuel type; non-ozone season !vfN1Btu for each fuel type and actual

heat input based upon CEM-recorded data; non-ozone season actual NOx

emission rates (seven month average); and DERCs generated using the 0.15

Ibs&1tv1Btu baseline emission rate(s), net of the applicable environmental

discount.

4. When the daily or non-ozone season CEM-recorded NOx emission rate is used to

calculate DERCs generated by boilers 7 and 8, DP shall not include missing data

calculated in accordance with any missing data substitution procedures, including

those allowed under Section 22a-174-22b of the Regulations and 40 CFR Part 75.

5. Upon sufficient documentation, as determined by the Commissioner, that DP has

met the requirements of this Trading Agreement and Order, the Commissioner may

provide written approval of DERCs generated by DP retrospectively. Requests for

approval of all subsequent DERCs created shall be submitted in writing to the

Commissioner. Such requests shall be compiled on a monthly basis and shall be

submitted at least on an annual basis. Approved DERCs generated by DP under

this Trading Agreement and Order may be held or transferred to other persons.

6. DERC use. Until September 30,2004, before the first day of each month, and

starting on October 1, 2003 also before the first day of each non-ozone season, DP

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Devon Power LLC Trading Agreement and

Order No. 8219A

should have in its possession sufficient approved DERCs for boilers 7 and 8 based

on the following:

a. At all times:

Before the first day of each month, calculate projected worst case DERC?

required for that calendar month as follows: ,

Estimated DERCs (tons) = {[estimated worst case NOx emission rate in

IbsIMMBtu - «0.95) x (NOx allowable emission limit

or proportioned emission rate calculated pursuant to

Section 22a-I74-22(O(2)(A) of the Regulations in

IbsIMMBtu))) x (Estimated fuel use in MMBtu)) t

2000 pounds/tons.

No later than the twentieth day of each month, DP shall calculate and

pennanently retire DERCs used in the preceding calendar month, as follows:

(i) For boilers 7 and 8 on each day, detennine whether the 24-hour

average NOx emission rate* is less than the baseline emission

rate or greater than the NOx allowable emission limit.

b.

(ii) When boilers 7 and 8 have a daily NOx emission rate (24-hour

average) exceeding the NOx allowable emission limit, calculate

the amount of DERCs used, as follows:

Actual DERCs (tons) = ([(CEM-recorded NOx daily average emission rate in

IbslMMBtu*) - «0.95) x (NOx allowable emission limit

or proportioned emission rate calculated pursuant to

Section 22a-174-22(O(2)(A) of the Regulations in

IbslMMBtu))] x (actual fuel use in MMBtu)) + 2000

pounds/tons.

*This rate shall be calculated pursuant to the methodology described in

40 CFR Pan 75.

(iii) With the exception of BDERCs, excess DERCs from previous

months can be applied to subsequent months. BDERCs are

subject to the limitations set forth in paragraph C.7. of this

Trading Agreement and Order.

During the non-ozone season starting on October 1. 2003:

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Devon Power LLC Trading Agreement and

Order No. 8219A

:)... ':.....':.

In addition to meeting the 24-hour emission limit in Table 22-1 of Section

22a-174-22 of the Regulations, meet a non-ozone season emission limit of

0.15Ibs/1v1Jv1Btu. Prior to October 1, 2003 DP shall estimate and acquire

the amount of DERCs or allowances required for such non-ozone season

needed to comply with Section 22a-174-22(e)(3) of the Regulations as

follows: I

,

Estimated DERCs (tons):: [Estimated fuel use in MMBtu from October 1

through April 30 x (lower of the estimated seasonal

average NOx emission rate or the proportioned 24-hour

allowable emission limit in IbslMMBtu during October 1

through April 30) - (0.95 x 0.15 IbslMMBtu)] 2000

pounds/ton.

No later than May 31,2004, in addition to the DERCs retired in paragraph

C.6.a., calculate and permanently retire DERCs used in the preceding non-ozone

season as follows;

Actual DERCs (tons) = [Actual fuel use in MMBtu from October I through

April 30 x (lower of the actual seasonal average NOx

emission rate or the proportioned 24-hour allowable

emission limit in IbsIMMBtu during October 1 through

April 30) - (0.95 x 0.15 IbslMMBtu)] .,. 2000 pounds/ton.

c. When the daily or non-ozone season CEM-recorded NOx emission rate is

used to calculate DERCs used by boilers 7 and 8, DP shall include missing

data calculated in accordance with missing data substitution procedures

under 40 CFR Part 75.

'-....

7. BDERCs shall only be used by other NOx Budget Program sources located in

Connecticut. BDERCs shall only be used to offset ozone season excess emissions, and

shall not be used for compliance during the non-ozone season. BDERCs generated

during a given year shall only be used during the following ozone season. BDERCs are

subject to all DERC requirements set forth in this Trading Agreement and Order except

for those requirements pertaining solely to non-ozone season DERCs and as otherwise

may be provided.

8. DP shall make and keep records for boilers 7 and 8 of: daily fuel use and fuel type;

excess NOx emissions; daily NOx mass emissions. the actual NOx emission rates (24-

hour average) and staning on October I, 2003 non-ozone season lOX emission rates,

number of operating hours per day, the number of invalid data hours of the total

operating hours per day; the number ofDERCs in its possession, created, purchased and

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Devon Power LLC Trading Agreement and

Order No. 8219A

used (by serial number if assigned) each month in accordance with the appropriate

emission rates and limits in this Trading Agreement and Order; the number of DERCs

used during the ozone season and non-ozone season (the remainder of the year); as well

as documentation attesting to the fact that approved DERCs used during the ozone

season were generated during the ozone season. Generator certification of this fact

shall be sufficient. DP' shall maintain and submit such records in accordance with

Section 22a-174-22 6f the Regulations.

9. Record Keepin!!. DP shall retain records and supporting documentation as described in

this Trading Agreement and Order for a minimum of five years, commencing on the

date such records were created. DP shall provide the records specified above to the

Commissioner within thil1y (30) days of receipt of a written request from the

Commissioner.

10. Annual Emission Statement. No later than March 1 of every year after issuance of this

Trading Agreement and Order, DP shall include with the Annual Emission Statement

provided to the Commissioner, a record of each sale or other transfer, and use of any

and all of the DERCs approved within and subsequent to issuance of this Trading

Agreement and Order until all such DERCs have been used or are no longer in DP's

possession. DP shall also include actual NOx emissions from and the amount of all

DERCs used (including serial numbers (if assigned) and approved DERCs generated

and/or purchased from other facilities), generated and/or approved for the previous

calendar year. These reports shall be on a fonn prescribed by the Commissioner and

shall be in monthly increments. Should DP choose to discontinue the generation of

DERCs, DP will notify the Commissioner upon discontinuance. DP shall retain records

and supporting documentauon as described in this Trading Agreement and Order for a

minimum of five years, commencing on the date such records were created. DP shall

provide the records specified above to the Commissioner within thirty (30) days of

receipt of a wrinen request from the Commissioner.

11. Allowance Use. Pursuant to Section 22a·174-22(d)(3) of the Regulations, DP may use

NOx allowances, pursuant to Section 22a-174-22(j) of the Regulations to achieve all or

a panion of the reductions required by Section 220-174-22 of the Regulations. Any

allowance used for compliance with Section 22a-174-22(e) of the Regulations shall be

subject to all restrictions and/or requirements applicable to DERCs contained in this

Trading Agreement and Order. Each allowance used for compliance with Section 22a174-22 of the Regulations shall be equivalent to one discrete emission reduction credit

and shall be deducted from DP's NOx Budget Program compliance account upon such

use. Allowances shall be considered used for compliance with Section 22a-174-22 of

the Regulations when they are transferred from the facility's compliance account or

overdraft account to a State of Connecticut NOx allowance retirement account, account

ID 000000oo300 in the NOx .AJJowance Tracking System.

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Devon Power LLC Trading Agreement and

Order No. 8219A

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12. DERC Doubling. At a minimum. DERCs required shall be adjuSted upwards by 100%

if DERCs are not in DP's possession for use prior to the first day of each month or

applicable season. However, based on the gravity of the noncompliance, the

Commissioner may require additional upward adjustment.

I

13. Vintage Restriction. For the purposes of compliance with Section 22a-174-22 of the

Regulations, DERCs/alIowances shall only remain valid for five (5) calendar years from

the year of the generation/allocation of such DERCs/allowances. DERCs/allowances

generated/allocated more than five (5) calendar years ago are not valid for use for

compliance with Section 22a-174-22 of the Regulations. Notwithstanding the above the

DERCs/allowances generated/allocated prior to calendar year 2000 shall be"valid for

use until Decem~er 31. 2004.

14. Extension. No later than September 30,2004, with respect to boilers 7 and 8, DP shall

comply with the requirements of Subdivision 22a-174-22(d)(I) of the Regulations.

However, after full program review of this and other Trading Agreements and Orders

and, if detennined to be appropriate, Lhe Commissioner may grant a wrinen extension of

this Trading Agreement and Order.

15. Future Compliance Report. On or before March 31, 2004, DP shall submit a report

indicating how the facility shall comply with Section 22a-174-22 of the Regulations

with respect to boilers 7 and 8 on and after September 30.2004.

16. Full compliance. DP shall f;lot be considered in full compliance with this Trading

Agreement and Order until all actions required by this Trading Agreement and Order

have been completed as approved and to the Commissioner's satisfaction.

17. Approvals. DP shall use best efforts to submit to the Commissioner all documents

required by this Trading Agreement and Order in a complete and approvable fonn. If

the Commissioner notifies DP that any document or other action is deficient, and does

not approve it with conditions or modifications, it is deemed disapproved, and DP shall

correct the deficiencies and resubmit it within the time specified by the Commissioner

or, if no time is specified by the Commissioner, within 30 days of the Commissioner's

notice of deficiencies. In approving any document or other action under this Trading

Agreement and Order, the Commissioner may approve the document or other action as

submitted or performed or with such conditions or modifications as the Commissioner

deems necessary to carry out the purposes of this Trading Agreement and Order.

Nothing in this paragraph shall excuse noncompliance or delay.

.~,/' 18. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are

those for which the Commissioner has provided wrinen authorization for use in

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Devon Power LLC Trading Agreement and

Order No. 8219A

, . '"

compliance with Seclion 22a-174-22 oflhe Regulations; "Commissioner" means the

Commissioner or a representative of the Commissioner; "Ozone season" means the

period from May 1 through September 30 in any given calendar year. The date of

"issuance" of this Trading Agreement and Order is the date the Trading Agreement and

Order is deposited in the U.S. mail or personally'delivered, whichever is earlier.

I

19. Dates. The date of sD.bmission to the Conunissioner of any document required by this

Trading Agreement and Order shall be the date such document is received by the

Commissioner. The date of any notice by the Commissioner under Trading Agreement

and Order, including but not limited to notice of approval or disapproval of any

document or other action, shall be the date such notice is deposited in the U.S. mail or is

personally delivered, whichever is earlier. Except as otherwise specified in this Trading

Agreement and Order, the word "day" as used in this Trading Agreement and Order

means calendar day. Any document or action which is required by this Trading

Agreement and Order to be submined or performed by a date which falls on a Saturday,

Sunday or a Connecticut or federal holiday shall be submined or perfonned by the next

day which is not a Saturday, Sunday or Connecticut or federal holiday.

20. Cenification of documents. Any document, including but not limited to any notice,

which is required to be submitted to the Commissioner under this Trading Agreement

and Order shall be signed by DP or, if DP is not an individual, by an individual who is

an authorized representative of DP, in accordance with Section 22a-174-2a(a) of the

Regulations of Connecticut State Agencies, and by the individual(s) responsible for

actually preparing such document, and each such individual shall cenify in writing as

follows:

"1 have personally examined and am familiar with the infonnation submitted in

this document and all anachments thereto, and I cenify, based on reasonable

investigation, including my inquiry of those individuals responsible for

obtaining the information, that the submitted information is true, accurate and

complete [Q the best of my knowledge and belief. I understand that any false

statement made in the submitted information is punishable as a criminal offense

under Section 53a-157b of the Connecticut General Statutes and any other

applicable Jaw."

21. Noncomoliance. This Trading Agreement and Order is a final order of the

Commissioner with respect to the matters addressed herein, and is nonappealable and

immediately enforceable. Failure to comply wirh this Trading Agreement and Order

may subject DP [Q an injunction and penalties.

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Devon Power LLC Trading Agreement and

Order No_ 8219A

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22. False statements. Any false statement in any infoI1Tlation submitted pursuant to this

Trading Agreement and Order is punishable as a criminal offense under Section 53a157b of the Connecticut General Statutes and any other applicable law.

23. Notice of transfer: liability of DP. Until DP has fully complied with this Tr~d.ing

Agreement and Orqer,IDP shall notify the Commissioner in writing no later than 15

days after transfening all or any ponion of the facility, the operations, the site or the

business which is the subject of this Trading Agreement and Order or after obtaining a

new mailing or location address. DP's obligations under this Trading Agreement and

Order shall not be affected by the passage of title [0 any property to any other person or

municipality.

24. Commissioner's powers. NOlhing in this Trading Agreement and Order shall affect the

Commissioner's authority to institute any proceeding or take any other action to prevent

or abate violations of law, prevent or abate pollution, recover costs and natural resource

damages, and to impose penalties for past, present, or future violations of law. If at any

time the Commissioner determines that the actions taken by DP pursuant to this

Trading Agreement and Order have not successfully corrected all violations, fully

characterized the extent or degree of any pollution, or successfully abated or prevented

pollution, the Commissioner may institute any proceeding to require DP to undertake

further investigation or further action to prevent or abate violations or pollution.

25. DP's oblig:ations under law. Nothing in this Trading Agreement and Order shall relieve

DP of other obligations under applicable federal, state and local law.

26. No assurance by Commiss{oner. No provision of this Trading Agreement and Order

and no action or inaction by the Commissioner shall be construed CO constitute an

assurance by the Commissioner that the actions taken by DP pursuant to this Trading

Agreement and Order will result in compliance or prevent or abate pollution.

27. Access to facilitv. Any representative of the Depanment of Environmental Protection

may enter the facility without prior notice for the purposes of monitoring and enforcing

the actions required or allowed by this Trading Agreement and Order.

28. No effect on rights of other persons. This Trading Agreement and Order neither creates

nor affects any rights of persons or municipalities that are not parties to this Trading

Agreement and Order. .

29. No Creation of Propertv Rig:hts. This Trading Agreement and Order does not create

any property rights with respect to these DERCs.

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Devon Power LLC Trading Agreement and

Order o.8219A

:,,).

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".-

30. Notice to Commissioner of chanQ:es. Within 15 days of the date OP becomes aware of

a change in any information submitted to the Conunissioner under this Trading

Agreement and Order, or that any such infonnation was inaccurate or misleading or

that any relevant information was omitted, DP shall submit the correct or omitted

infonnation to the Commissioner.

I , 31. Notification of noncompliance. In the event that OP becomes aware that it did not or

may not comply, or did not or may not comply on time, with any requirement of this

Trading Agreement and Order or of any document required hereunder, OP shall

immediately notify by telephone the individual identified in the next paragraph and

shall take all reasonable steps to ensure that any noncompliance or delay is avoided or,

if unavoidable, is minimized to the greatest extent possible. Within fi ve (5) days of the

initial notice, DP shall submit in writing the date, time, and duration of the.

noncompliance and the reasons for the noncompliance or delay and propose, for the

review and written approval of the Commissioner, dates by which compliance will be

achieved, and DP shall comply with any dates which may be approved in writing by the

Commissioner. Notification by DP shall not excuse noncompliance or delay, and the

Commissioner's approval of any compliance dates proposed shall not excuse

noncompliance or delay unless specifically so stated by tl1e Commissioner in writing.

32. Submission of documents. Any document required to be submitted to the

Commissioner under this Trading Agreement and Order shall, unless otherwise

specified in this Trading Agreement and Order or in writing by the Commissioner, be

directed to:

~. ~chael~eur

Department of Environmental Protection

Bureau of Air Management

Emissions and Credit Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127

13
Devon Power LLC Trading Agreement and

Order No. 8119A

DP consents to the issuance of this Trading Agreement and Order without funher notice. The

undersigned cenifies that he/she is fully authorized to enter into this Trading Agreement and Order

and to legally bind DP to the tenns and conditions of the Trading Agreement and Order.

Devon Power lie

!

~..' t)rthur-:)~;LLzd-/ J. Rocque, Jr.

... ~onunissioner

. /

f/

Issued as a final order of the Commissioner of Environmental Protection

3 .~

on --'--4"==---=:,-,0:=:...__, 1003

1

CITY OF Mll..FORD LAND RECORDS

MAILED CERTIFIED MAJL,

RETURN RECEIPT REQUESTED

Cenified Document No.

. , .......