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STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State of ConnectiCUl and

Montville Power LLC

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Trading Agreement

and Order No, 8216A

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Whereas. the Commissioner of Environmental Protection ("Commissioner") and Montville

Power LLC ("MPLLC") 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 (''DERe'') 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 MPLLC, the Commissioner finds the

following:

1. This Trading Agreement and Order supercedes Trading Agreement and Order

8216 issued on March 22, 2002.

2. Jv:IYLLC is an exempt wholesale electric generating company with its principal

place of business in Sewickley, Pennsylvania. On December 15. 1999 :MPLLC

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

fossil fuel-fired electric generating station, Montville Station, at 74 Lathrop

Road, Montville, Connecticut ("facility").

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

equipment, consisting of Montville Station Unit 5, a 82 megawatt tangentiallyfired boiler, Connecticut Registration Number 107-0017 ("boiler"), which is

subject to Subsection 22a-174-22 of the Regulations of Connecticut State

Agencies ("Regulations"). The boiler has the dual capacity to operate on No.6

fuel oil and/or natural gas. A continuous emissions monitor ("CEM") cenified

to 40 Code of Federal Regulations ("eFR") Pan 75, measures Ox emissions

from the boiler.

4. The boiler sometimes exceeds the NOx allowable emission rate limit specified

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

5. To reduce excess NOx emissions i\1PLLC has represented that it monitors and

controls the combustion process of the boiler, and burns natural gas, so that

emissions frequently can be kept below the NOx emission limitations

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

(Prinled 011 Reeyelec! Paper)

79 fIe Slreet • Hanford, CT 06106·5127

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Montville Power LLC Trading Agreement and

Order No. 8216A

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

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

September 30, 2004 for the boiler at the facility. Pursuant to Section 22a-174-

22(j) of the Regulations, during the ozone season, ?v1PLLC imends both to

acquire and generate approved Budget discrete emission reduction credits

("BDERCs") un~I'September30,2004 for the boiler at the facility.

7. When properly documented by MPLLC, 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 actual 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 ("SIP"), and

are not currently reljed upon in any applicable attainment plan, any

reasonable funher progress plan or milestone demonstration.

Permanent because the advanced control system is 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 ?v1PLLC of a report that documents

their creation.

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

emission limits for the boiler in pounds per million British thennal units

("lbslMMBtu") of heat input when operating on No.6 fuel oil and natural gas are

provided on the following table l:

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Montville Power LLC Trading Agreement and

Order No. 8216A

Table 1

NOx Allowable Limits and Baseline Emission Rate in Ibs/MMBtu

Emission Fuel Heat Input Emissions AllowablefBaseline emission

Unit MMBtuJbr Test rate

IbsIMMBtu

Boiler 5 No.6 995 CEM 0.25

Registration , Narur~l gas CEM 0.20

No. 107-0017

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

30, inclusive, each year until September 30, 2004, MPllC may only obtain

approval of actual reductions in j Ox emissions, g~nerated by operating the boiler

at a rale thal is below 0.15 IbslMNfBtu during the non-ozone season on No.6 oil

and/or natural gas.

lOThe Commissioner, in accordance with the provisions of Trading Agreement and

Order 8216 and Addendum I, pursuant to Section 22a-174-22(d)(3) of the

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 Deparonent) to these previously approyed reductions of NOx

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

are subject [Q 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.

Table 2

previously approvedNOx DERCs

Year of Non-ozone season NOx Tons Expiration

Generation DERC serial numbers Date

1999 CT99/8216(DC)NOxnozl 1 12131104

2000 CTOO/8216(DC)NOxnozl-35 35 12131105

2001 era1/8216(DC)NOxnoz I-24 24 12131106

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 MPllC to:

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

DERC trading;

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

Agreement and Order; and

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Momville Power LLC Trading Agreement and

Order No. 8216A

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 Agreemem and Order the Commissioner may approve the generation of

additional BDERCs and DERCs by MPLLC retrospectively. Approved BDERCs and

DERCs generated by :MJ'LLC may be held by .MPLLC or transferred to other persons in

accordance with thisTrading Agreement and Order.

C. With the agreement of:MPLLC, the Commissioner, acting under Sections 22a-6, 22a171, 22a-174, 22a-176, and 22a-177 of the Connecticut General Statutes, hereby

ordOf' MPLLC as follows:

1. Upon issuance of this Trading Agreement and Order, MPLLC may generate approved

BDERCs 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, :MPLLC shall

comply with Section 22a-174-22 of the Regulations through emission reduction trading.

Until MPLLC achieves pennanent compliance with the emission standard in Section

22a-174-22(e) of the regulation or by September 30, 2004, whichever occurs earlier:

a. !vfPLLC shall use approved DERCs and BDERCs as required under this Trading

Agreement and Order; and

b. :MPLLC shall have in its possession sufficient approved BDERCs and DERCs to

meet applicable NOx emission limits as allowed under this Trading Agreement

and Order.

3. PERC 2eneration.

a. Until September 30, 2004, when the boiler has daily NOx emissions below

the applicable baseline emission rare(s), or the proportioned baseline

emission rate, or when the boiler has seasonal NOx emissions below 0.15

lbsl1v11v1'Btu during the non-ozone season staning on October 1, 2003,

WLLC shall calculate the amount of DERCs generated as follows:

DERCs (tons) {[Total heat input' of all fuels in MMBtu x «proportioned

baseline emission rate2

) - (the CEM-recorded NOx emission

rate'))].,. 2000 Ibs/ton) x (0.90).'

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

data in MMBtu per unit of fuel combusted.

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Montville Power UC Trading Agreement and

Order. o.8216A

2 This nne shall be calculated by 1) multiplying the heat input of each fuel combusted by the

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

py the total heat input. If the boiler is operating exclusively on one fuel.l'v1PLLC ~ay

replace the proponioned baseline emission rate with the applicllble baseline emission rate,

for that fueL Starting on October 1, 2003, the baseline emission rate during the non-ozone

season shall be 0.15 IbslMMBtu. , ) During the"ozone season until September 30, 2004, and during the non-ozone season until

October 1, 2003, this rate shall be calculated pW"Suant to the methodology described in 40

Code of Federal ReguJations Part 75 and weighted pursuant to the Depanment's policy

statement entitled '"Guidance for Calculation of Emission Reduction Credits and

Determination of Compliance with NOx RACT for Sources Subject to 40 CFR 75 (Acid

Rain SoW"Ces)"' dated December 18. 1998 which is attached to and incorporated by reference

into this Trading Agreement and Order as part of Attachment 1.

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

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

assure a benefit to the environment. Starting on October I, 2003. during the non-ozone

season, the 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 ~nvironmenl.

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

season until October L 2003: For purposes of calculating the number of

BDERCs and DERCs generated from the boiler at the facility, MPLLC shall use

the baseline emission rates for the boiler. or the proportioned baseline emission

rate set forth in foomote 2 of paragraph C.3.a. of this Trading Agreement and

Order, when simultaneously operating on more than one fuel. MPLLC shall use

[he above referenced baseline emission rate(s) when calculating the

proponioned baseline emission rate.

c. Starting on October 1. 2003 and until September 30. 2004 during the nonozone season: For purposes of generating DERCs from the boiler at the

facility, :MPLLC shall use 0.15 lbsJM:NIBtu of heat input when operating on

No.6 fuel oil andlor natural gas as the non-ozone season baseline emission

rate for the boiler. Ten (10) percent of all DERCs (tons) generated by the

boiler shall be retired by the facility and permanently removed from all

calculations on a non-ozone season basis to assure a.benefit to the

environment.

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d. Non-ozone Season Resoictions. Non-ozone season NOx DERCs generated

by:MPLLC shall be created and approved in accordance with this Trading

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

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

first.

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Montville Power LLC Trading Agreement and

Order No. 8216A

e. Durintt the ozone season until September 30.2004 and durin2 the non-ozone

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

the boiler, MPLLC shall provide documentation containing a sample

spreadsheet with calculation fonnulas used to detennine 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 M:MBru for each

fuel type ancf'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.

f. DurioS! the non-ozone season starting on October 1. 2003 and unti! September

30.2004:

In requesting approval of DERCs generated by the boiler, :MPlLC shall provide

documentation containing a sample spreadsheet with calculation fonnulas used

to detennine reponed numbers; non-ozone season operating repom of actual

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

used for each fuel type; non-ozone season:MJvffitu for each fuel type and actual

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

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

IbsJM:MBtu 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 generateci by the boiler, MPLLC 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 MPLLC

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

may provide wrinen approval ofDERCs generated by :MPLLC 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

MPILC 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

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

MPLLC should have in its possession sufficient approved DERCs for the boiler

based on the following:

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Montvjlle Power LLC Trading Agreement and

Order No. 8216A

a. At all times:

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

required for that calendar month as follows:

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

IbsIMMBru - «0.95) x (NOx allowable emission limit

or proportioned emission rate calculated pursuant to

Section na-174-n(f){2)(A) of the Regulations in

IbslMMBtu)] x (Estimated fuel use in MMBtu)} t

2000 pounds/tons.

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

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

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(i) For the boiler on each day, determine 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 the boiler has 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

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

or proportioned emission rate calculated pursuant to

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

IbsIMMBru))) x (acrual fuel use in MMBru) .,. 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 startin2: on October 1, 2003:

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Montville Power LLC Trading Agreement and

Order No. 8216A

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

0.15IbslMMBtu. Prior to October I, 2003 MPLLC shall eStimate and

acquire the amount of DERCs or allowances required for such non-Olone

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

Regulations as'follows:

,

Estimated DERCs (tons) = (Estimated fuel use in rvnvIBtu from October 1

through April 30 x (lower of the estimated seasonal

average NOx emission rate or the proponioned 24·hour

allowable emission limit in IbslMMBtu during October 1

through April 30) - (0.95 x 0.15 IbslMMBtu)J .;. 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 1 through

April 30 x (lower of the actual seasonal average NOx

emission rate or the proportioned 24-hour allowable

emission limit in IbsfM}..{Btu during October 1 through

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

c. When the daily or non-{)zone season CEM-recorded NOx emission rate is

used to calculate DERCs used by the boiler, MPLLC shall include missing

data calculated in accordance with missing data substitution procedures

under 40 CFR Pan 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. MPLLC shall make and keep records for the boiler 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 1, 2003 non·ozone season NOx 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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Montville Power LLC Trading Agreement and

Order No. 8216A

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 [his fact

shall be sufficient. :MPLLC shall maintain and submit such records in accordance with

Section 22a-174-22 of the Regulations.

9. Record Keeping:. MPI.LC 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. MPLLC shall provide the records

specified above to the Commissioner within thirty (30) days of receipt of a wrinen

request from the Commissioner.

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

Trading Agreement and Order, MPLLC 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 Trailing

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

MPLLC's possession. MPLLC shall also include actual NOx emissions from the boiler

and the amount of all DERCs used (including serial numbers (if assigned) and approved

DERCs generated and/or purchased from other facilities), generated andlor approved

for the previous calendar year. These reports shall be on a fonn prescribed by the

Commissioner and shall be in monthly increments. Should MPLLC choose to

discontinue the generation of DERCs, MPLLC will notify the Commissioner upon

discontinuance. MPLLC 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. :tv1PlLC shall provide the records

specified above to the Commissioner within thirty (30) days of receipt of a written

request from the Commissioner.

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

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

all or a portion of the reductions required by Section 22a-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 :tv1PllC'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

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Montville Power LLC Trading Agreement and

Order No. 8216A

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

ill CT0000000300 in the NOx Allowance Tracking System.

12. DERC DoubJin2. At a minimum, DERCs required shall be adjusted upwards by 100%

if DERCs are not in MPLLC'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 r'equire additional upward adjustment.

13. Vinta2e Restriction. For the purposes of compliance with Section 22a-174·22 of the

Regulations, DERCslallowances shall only remain valid for five (5) calendar years from

the year of the generation/allocation of such DERCsJallowances. DERCsJallowances

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

DERCslallowances generated/allocated prior to calendar year 2000 shall be valid for

use until December 31, 2004.

14. Extension. No later than September 30,2004, with respect to the boiler, MPLLC shall

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

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

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

this Trading Agreement and Order.

15. Furore Compliance Renon. On or before March 31, 2004, MPLLC shall submit a

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

Regulations with respect to .the boiler on and after September 30, 2004.

16. Full comnliance. MPLLC shall not 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. MPLLC shall use best effons to submit to the Commissioner all documents

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

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

does not approve it with conditions or modifications, it is deemed disapproved. and

?v1PLLC 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 olher 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. Nothmg in this paragraph shall excuse noncompliance or delay.

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Montville Power LLC Trading Agreement and

Order No, 8216A

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

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

compliance with Section 22a-174~22 of the 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 i;}the U.S. mail or personally delivered, whichever is earlier.

19. Dates. The date of submission to the Commissioner 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 submitted or perfonned by a date which falls on a Saturday,

Sunday or a Connecticut or federal holiday shall be submitted. or performed by the next '0 day which is not a Saturday, Sunday or Connecticut or federal holiday.

20. Certification 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 :MPLLC or, if1v1PLLC is not an individual, by an

individual who is an authorized representative of :MPLLC, in accordance with Section

22a-174-2a(a) of the Regulations of Connecticut State Agencies, and by the

individual(s) responsible fcir actually preparing such document, and each such

individual shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in

this document and all attachments thereto, and I certify, based on reasonable

investigation, including my inquiry of those individuals responsible for

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

complete to 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 law,"

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

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

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

may subject :MPLLC [Q an injunction and penalties.

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Montville Power LLe Trading Agreement and

Order No. 8216A

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12. False statements. Any false statement in any infonnation 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 MPLLC. Untill'vfPLLC has fully complied with this

Tradin!! Agreement and Order, MPLLC shall notify the Commissioner in wOlina no .... " 0:>

later than 15 days aner transferring all or any portion 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. MPLLC's obligations under this Trading

Agreement and Order shall not be affected by the passage of title to any property to any

other person or municipaliry.

24. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the

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

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

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

time the Corrunissioner detennines that the actions raken by MPllC 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 MPLLC to

undertake further investigation or funher action to prevent or abate violations or

pollution.

MPLLC's oblie:ations under law. Nothing in this Trading Agreement and Order shall

relieve MPLLC of other o~~gations under applicable federal, state and local law.

26.

27.

28.

No assurance bv Commissioner. No provision of this Trading Agreement and Order

and no action or inaction by the Corrunissioner shall be construed to constitute an

assurance by the Commissioner that the actions taken by MPLLC pursuant to this

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

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.

No effect on ri2-hts of other persons. This Trad.ing Agreement and Order neither creates

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

Agreement and Order.

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29. No Creation of Property Rie:hts. This Trading Agreement and Order does not create

any property rights with respect to these DERCs.

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MOnlville Power LLC Trading Agreement and

Order No. 8216A

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30.

31.

Notice 10 Commissioner of chan2es. Within 15 days of the date N1PLLC becomes

aware of a change in any information submitted [Q the Commissioner under this

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

misleading or lhat any relevam information was omined, MPLLC shall submit the

correct or omitted information to the Commissioner.

I ., Notification of noncompliance. In the event that :MPilC 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, MPLLC shall

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

shall take all reasonable steps [0 ensure that any noncompliance or delay is avoided or.

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

initial notice, 11PLLC 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 :MPLLC shall comply with any dates which may be approved in writing

by the Commissioner. Notification by 1t1PLLC 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 the Commissioner in

writing.

Submission of documents. Any document required to be submined 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:

Mr.~chaeILaFleur

Depanment of Environmental Protection

Bureau of Air Management

Emissions and Credit Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127

13
Montville Power LLC Tradin2 Ae:reement and

Order No. 8216A

.'"" 'J

rvIPLLC consents [0 the issuance of this Trading Agreement and Order without further notice. The

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

and [Q legally bind MPLLC [0 the terms and conditions of the Trading Agreement and Order.

Montville Power LLC

,

Signature I~~tfJ(LJ~/ke Name C~ :~a L4d;

Title: Rrj/lY1uj G\vlrf)nmetlip) fYb.()~ t;.j'

Date: !f-,;;{!3 -{)":>

Issued asf3 final ~rder of the CommissIOner of Environmental PrOlection

on _,....l 30 ,2003

f

/) j/ /f-L - ~tSc{{df( pthur I. Rocque, Ir.

/Commissioner

V

TOWN OF MONTVILLE LAND RECORDS

MAll.ED CERTIFIED MAIL,

RETURN RECEIPT REQUESTED

Certified Document No.