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STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State of Connecticut and

Montville Power LLC

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Trading Agreement

and Order No. 8217A

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

Power LLC ("MPLLC") agree that it is in the public interest that they work cooperatively [0

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

reduction credit ("DERC") 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

8217 issued on March 22, 2002.

2. MPll..C is an exempt wholesale electric generating company with its principal

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

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 6, a 410 megawatt tangentiallyfired boiler, Connecticut Registration Number 107-0020 ("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 No.2 fuel oil. No.2 fuel oil is used primarily as an ignition fuel

as part of the stan-up procedure. A continuous emissions monitor ("CEM")

certified to 40 Code of Federal Regulations ("CFR") Part 75, measures NOx

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 rvIPLLC has represented that it monitors and

controls the combustion process of the boiler so that emissions frequently can

be kept below the NOx emission limitations established by Section 22a-174-

22(e) of the Regulations.

(Prinlcd 011 Rccyclcd PI pc: )

79 Elm Strccl • Hltl(orc!. CT 06106· j127

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All EqutJl Opporrulliry £mp/oya
Montville Power LLC Trading Agreement and

Order No. 8217A

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, MPLLC intends both to

acquire and generate approved Budget discrete emission reduction credits

("BDERCs") until'September 30,2004 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 tenns of this Trading Agreement and Order, will confonn to the

requirements of Section 22a-174-22Q)(3) of the Regulations. Specifically, the

reductions will be:

Real because they will result in a reduction of actuaJ 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 a.T)

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 rel.~ed upon in any applicable attainment plan, any

reasonable further 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

retrospec~velyafter the submission by MPLLC of a report that documents

their creation.

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

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

("lbsIMMBru") of heat input when operating on fuel oil are provided on the

following table 1:

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Montville Power LLC Trading Agreement and

Order No. 8217A

Table 1

NOx Allow::r.ble Limits and Baseline Emission Rate in Ibs/MJvIBtu I

Emission Fuel Heat Input Emissions AllowableIBaseline emission

Unit MMBtulhr T.., rate

Ibs!1vIMBtu

Boiler 6 No.6 4.658 CEM 0.25

Registration N ? ' CEM 0.17

o. "" ' No. 107-0020 .,

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

30, inclusive, each year until September 30, 2004, MPll.C may only obtain

approval of actual reductions in NOx emissions, generated by operating the boiler

at a rate that is below 0.15 IbsJM:MBtu during the non-ozone season on No. fuel 6

oil andlor No.2 fuel oil.

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

Order 8217 and Addendum I, pu"uant 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 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 DO 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.

dNa DERC

Table 2

p revlOuslv approve x s

Year of Non-ozone season NOx Tons Expiration

Generation DERC serial numbers Date

1999 CT99/8217(DC)Noxnoz2-12 11 12131/04

2000 crOO/82l7(DC)NOxnoz1-62 62 12131/05

2001 crOI/8217(DC)NOxnozl-21 21 12131/06

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 ofBDERC and

DERC trading;

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

Agreement and Order; and

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Montville Power LLC Trading Agreement and

Order No. 8117A

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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 MPLLC retrospectively. Approved BDERCs .nd

DERCs generated by INlPLLC may be held by 1v1PLLC or transferred to other persons in

accordance with thiS'Trading Agreement and Order.

C. With the agreement of :MPLLC, the Commissioner, acting under Sections 22a-6, 22a·

171, 11.-174, 11a-J76, and 11a-J77 of the Connecticut General Statutes, hereby

orders 1v1PLLC as follows;

1. Upon issuance of this Trading Agreement and Order, i\1PLLC 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 petnlanent compliance with the emission standard in Section

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

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

Agreement and Order; and

b. IvIPLLC 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. DERC ~eneration.

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

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

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

IbsfMJv1Bru during the non-ozone season starting on OctOber j, 2003,

MPlLC 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 Ibslton) x (0.90).'

l Heal. input shall be calculated using the lower of CEM-recorded data or actual fuel usage

data in :rvt:MBtu per unit of fuel combusied.

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Montville Power LLC Trading Agreement and

Order No. 8217A

This r3te sh311 be c3lculated by I) multiplying the he3t input of e:lch fuel combusted by the

baseline emission r3te(s) for such fuel; 2) summing those productS; and 3) dividing the sum

by the total heat input. If the boiler is oper3ting exclusively on one fuel. MPLLC may

replace the propon.ioned baseline emission rate with the applicable baseline emission rate,

for thtlt fuel. Starting on October 1. 2003, the btlseline emission rate during the non·ozone

season shall be 0.15 IbsIMMBlu. , . , 3During the"ozone season until September 3D, 2004, and during the non-ozone season until

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

Code of Federal Regulations Pan 75 and weighted pursuant to the Depanmem's policy

statement entitled "Guidance for Calculation of Emission Reduction Credits and

Determination of Compliance wiEh NOx RAcr for Sources Subject to 40 CFR 75 (Acid

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

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

4 An additional ten (l0) percent of all DERCs (tons) generated by the boiler shall also be

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

assure a benefit to the environment. Starting on October 1,2003, 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 environment.

b. Durin£" the ozone season until September 30.2004 and during the non-ozone

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

BDERCs and DERCs generated from the boiler at the faCility, NfPLLC shall use

the baseline emission rates for the boiler, or the proponioned baseline emission

rate set fonh in footnote 2 of paragraph C.3.a. of this Trading Agreement and

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

the 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 Ibsl1v1JvfBtu of heat input when operating on

No.6 fuel oil and/or No.2 fuel oil as the non-ozone season baseline

emission rate for the boiler. Ten (10) percent of ail DERCs (tons) generated

by the boiler shall be retired by 'he facility and pennanently 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 Restrictions. 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. 8217A

c. During: the ozone season until September 30.2004 and during the non-ozone

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

the boiler, MPLLC shall provide documentation containing a sample

spreadsheet with calculation fannulas used to dctcnnine reponed numbers:

monthly operating repons of actual fuel usage including the fuel BTU coment,

number of ga1l6ns. , and cubic feet used for each fuel type; daily NTh1Btu 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 rare(s), or the proportioned baseline

emission rate set for the in footnote 2 of paragraph C3.a. of this Trading

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

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f. During: the non-Olone season staninsz on October 1. 2003 and until Seotember

30,2004:

In requesting approval of DERCs generated by the boiler, :tv1PLLC shall provide

documentation containing a sample spreadsheet with calculation fonnulas used

to detennine reponed numbers; non-Olone 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 :MM:Btu 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

IbsIM'M:Bru baseline emission rate(s), net of the applicable environmental

discount.

4. When the daily or non-olo~e season CEM:·recorded NOx emission rate is used to

calculate DERCs generated 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 CPR Pan 75.

5. Upon sufficient documentation, as detennined by the Commissioner, that MPllC

h~ ,rpet the re9uirements of this TradinrAgreement 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

MPLLC 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,

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

based on the following:

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Montville Power LLC Trading Agreement llnd

Order No. 8217A

a. At all times:

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

required for.tH/at calendar month as follows:

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

IbslMMBtu - «0.95) x (NOx allowable emission limit

or proponioned emission rate calculated pursuant to

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

IbslMMBtu»)J 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:

(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.

.:. i , . ,<-" b.

(ij) 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

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

or proponioned emission rate calculated pursuant to

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

IbslMMBtu»J x (actual fuel use in MMBtu)} 2000

pounds/tons.

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

40 CFR Part 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.

Durin2 the non-Olone season staning on October 1. 2003:

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MOn!ville Power LLC Trading Agreement and

Order No. 8117A

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

222-174-22 of the Regulations. meet a non-Olone season emission limit of

0.15 IbsIMMBtu. Prior to OClOber J, 1003 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~s'follows:

Estimated DERCs (tons)::; [Estimated fuel use in:N!MBtu from OctOber I

through April 30 x (lower of the estimated seasonal

average NOx emission rate or the proportioned 24-hour

allowable emission limit in Ibsl1vf.MBtu during October 1

through April 30) - (0.95 x 0.15 IbslMMBtu)J 71000

pounds/ton.

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

C.6.a., calculate and pennanently retire DERCs used in the preceding non-Olone

season as follows:

Actual DERCs (tons);:::; [Actual fuel use in:Mlv1Btu from October 1 through

April 30 x (lower of the actual seasonal average NOx

emission rate or the proponioned 24-hour allowable

emission limit in IbslMMBtu during October 1 through

Apri130) - (0.95 x O.15IbslMMBlU)] 71000 pounds/ton.

C. When the daily or non~ozone season CEM-recorded Ox 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.

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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 fonh in this Trading Agreement and Order except

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

may be provided.

8. :tv1PLLC 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 starting on October I, 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 of DERCs in its possession, created, purchased and

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MOnlville Power LLC Trading Agreement and

Order No. 8217A

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 [Q the fact that approved DERCs used during the ozone

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

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

Section 22a-174-22:Of the Regulations.

9. Record Keeping. 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. MPLLC shall provide the records

specified above to the Commissioner within thirty (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, 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 [0 issuance of this Trading

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 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 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. WLLC shall provide the records

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

request from the Commissioner.

II. Allowance Use. Pursuant to Section 22a-174-22(d)(3) of the Regularions. 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 Agreemem 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 MPLLC'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. 8117A

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

II) crOOOOOO0300 in the NOx Allowance Trncking System.

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

ifDERCs are not in !v1PLLC's possession for use prior to the first day of each month or

applicable season. l:!0wever, based on the gravity of the noncompliance, the

Commissioner may require additional upward adjustment.

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

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

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

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

DERCsiallowances 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-17~-22(d)(I) of the Regulations.

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

and, if determined to be appropriate, the Commissioner may grant a written extension of

this Trading Agreement and Order.

15. Future Compliance Repon. On or before March 31, 2004, MPLLC shall submit a

repan 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 compliance. "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 fonn. If

the Commissioner notifies 1vfPLLC that any document or other action is deficient, and

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

MPllC 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 perfonned 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.

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Montville Power liC Trading Agreement and

Order No. 8217A

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

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

compliance with Section 22a-174-22 of the Regulations; "Commissioner" means the

Commissioner or a representati ve 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 Trpding Agreement and Order is the date the Trading Agreement and

Order is deposited in ihe 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 performed by a date which falls on a Saturday,

Sunday or a Connecticut or federal holiday shall be submitted or performed by the next

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, if MPLLC 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 for 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 1certify, 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

Commissioner 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 to an injunction and penalties.

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Montville Power LLC Tradin!! A2Teemem and

Order No. 8217A

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12. False statements. Any false statement in any infonnarion submitted pursuant to this

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

23. No'ice of 'ransfer: liability of MPLLC. Until MPLLC has fully complied with this

Trading Agreement~d Order. MPLLC shall notify the Commissioner in writing no , later than 15 days after transferring all or any ponioo 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 municipality.

24. Commissioner's powers. Nothing 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 pas,t, present, or future violations of law. If at any

time the Commissioner determines that the actions taken by 1v1PLLC 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 WLLC to

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

pollution.

25. 1v1PLLC's oblie:ations under law. Nothing in this Trading Agreement and Order shall

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

26. No assurance by Conunissioner. No provision of this Trading Agreement and Order

and no action or inaction by the Commissioner 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.

27. Access to facility. Any representative of the Department 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 rie:hts 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. NQ 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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Montville Power LLC Trading Agreement and

Order No. 8217A

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30. Notice to Commissioner of chan2es. Within 15 days of the date MPLLC becomes

aware of a change in any infonnation submitted to the Commissioner under this

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

misleading or that any relevant infonnation was omined, MPLLC shall submit the

correct or omined infonnation to the Commissioner.

" 3!. Notification of nonc'ompliance. In the event that MPLLC becomes aware that it did not

or may nOt comply, or did nol 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 to 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, MPLLC 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 MPll.C 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.

32. 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 Corrunissioner, be

directed [0:

~. !'.Uchael~eur

Department of Environmental Protection

Bureau of Air Management

Emissions and Credit Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127

13
Montville Power LLC Trading Agreement and

Order '0. 8217A

O~;(@c/ "l Anhur 1. Rocque, Jr.

/ Commissioner

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":')

J

rvrPLLC consents to the issuance of this Trading Agreement and Order without further notice. The

undersismed certifies that he/she is fully authorized to enter into this Tradin2 A!ITeement and Order - - - and to legally bind rvrPLLC to the tenns and conditions of the Trading Agreement and Order.

Montville Power liC

I "

Signature Irc:r

Name Cv~~a L.&rliC

TItle-&81/)(\I1.1 t=h\{ \ fDr\r(le.nfoj ~b<

Date, Lh~ B-6:::>

Issued as a final order of the Commissioner of Environmental PrOtection

on --"'4r'h'J.",,"u..-=·.l...f~3=O,,-' _, 2003

TOWN OF MONTVILLE LAND RECORDS

MAILED CERIIFIED MAlL,

RETURN RECEIPT REQUES1ED

Cenified Document No.

"

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