Exhibit 3

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State of Connecticut and

Norwalk Power LLC

Trading Agreement

and Order No. 8218

wnereas, the Commissioner of Environmental Protection

(MCommissioner") and Norwalk Power LLC ("NP") 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

emission reduction trading will achieve this result in a timely

and cost-effective manner:

A. At the request and with the agreement of NF, the

Commissioner finds the following:

1. NP is an exempt wholesale electric generating company

with its principal place of business in Sewickley,

Pennsylvania. On December 15, 1999 NP purchased from

The Connecticut Light and Power Company and now owns

one fossil fuel-fired electric generating station,

Norwalk Harbor Station, at Manresa Island Avenue.

South Norwalk, Connecticut ("facility").

2. At the facility, Norwalk Harbor Operations Inc.

operates Norwalk Harbor Station Unit 1, a 164 megawatt

tangentially-fired boiler and Norwalk Harbor Station

Unit 2, a 172 megawatt tangentially-fired boiler,

Connecticut ~egistration Numbers 137-0028 and 137-0030

respectively, ("boilers"). The boilers have the.dual

capacity to operate on, fuel oil (No.6 or No.2). No.

2 fuel oil is used primarily as an ignition fuel as

part of the start-up procedure. A continuous

emissions monitor (UCEM~), certified to 40 Code of

Federal Regulations ("CFR") Part 75, measures ni trogen

oxide ("NOx") emissions at a common stack from the

boilers.

3. During the year 1979, prior to modifications of the

boilers' burners, combustion controls and operating

Initials: -.R1::.."'1<-"--- _ (Printed 011 Recycled Paper)

19 Elm Strcet • Hartford. CT 06106· ~121

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An Equal OpportuniTy Emp/c)"u

Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

conditions, and prior to the installation of a

selective noncatalytic reduction system, and based on

Department of Environmental Protection ("Department")

approved stack test data and AP-42 emission factor

data, the average annual NOx emission rate for Norwalk

Harbor Station Unit 1 was 0.285 pounds per million

British thermal units ("lbs/MMBtu") of heat input when

operating on No.6 fuel oil and 0.17 1bs/MMBtu of heat

input when operating on No. 2 fuel oil, and the

average annual NOx emission rate for Norwalk Harbor

Station Unit 2 was 0.282 lbs/MMBtu of heat input when

operating on No.6 fuel oil and 0.17 Ibs/MMBtu of heat

input when operating on No.2 fuel oil. On and after

May 31, 1995, the Regulations of Connecticut State

Agencies ("Regulations") require that, the boilers emit

NOx at a rate no greater than 0.25 Ibs/MMBtu of heat

input when operating on No.6 fuel oil and 0.20

lbs/MMBtu of heat input when operating on No. 2 fuel

oil.

4. In January 1994, The Connecticut Light and Power

Company completed modifications on both boilers'

burners and combustion controls, and began to test and

adjust operating conditions, thereby reducing both

boilers' NOx emission rates below their allowed and

actual baseline emission rates. A selective

noncatalytic reduction system was installed at the

facility by June, 1995 to provide further reductions

of NOx emissions. Such modifications and control

equipment enabled NP's boilers to frequently meet and

operate below the emission limitation specified ~n

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

5. After December IS, 1999, NP may obtain app,roval of

actual reductions in NOx emissions, generated by

operating the boilers at a rate which is below 0.25

Ibs/MMBtu of heat input when operating on No. 6 fuel

oil and 0.17 lbs/MMBtu of heat' input when operating on

No. 2 fuel oil for use as discrete emission reduction

credits ("DERCs"). If DERCs are created during the

ozone season, NP may obtain approval for such

reductions for use as Budget discrete emission

reduction credi ts ("BDERCs").

Initials: 2 Date:
Norwalk ?owar LLC Trading Agreement

and Order No. 8218

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

NP intends to acquire and generate approved DERCs

until May 1, 2003 at the facility. Approved DERCs are

defined for purposes of this Trading Agreement and

Order as those for which the Commissioner has provided

written authorization for use in compliance with

Section 22a-174-22 of the Regulations. N? will

acquire approved DERCs monthly on an as-needed basis,

as determined by actual NOx emissions in the event

that the 24-hour average of actual NOx emissions

exceeds the NOx emission limitations of Section 22a174-22(e) of the Regulations.

7. When properly document~d by NP, and approved by the

Commissioner, the reductions in NOx emissions

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-

22{j) (3) of the Regulations. Specifically, the

reductions will be:

Real because they 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 are

properly measured, recorded and reported.

Quantifiable because they are based on continuous

emission monitoring data as applied in an appropriate

reliable and replicable protocol, providing the rate

and total mass amount of reduction.

Surplus because they are not requir~d by any

Connecticut statute or regulation mandated by a

current State Implementation Plan ("SIP"), and are not

currently relied upon in any applicable attainment

plan, any reasonable further progress plan or

milestone demonstration.

in

3 Date:

Permanent because the advanced control systems are

place and operating, and an appropriate tracking

system is in place to monitor all data required to

verify and quantify the creation of DERCs.

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Norwalk ?ower LLC Trading Agreement

and Order No. 8218

Enforceable because the DERCs are approved by the

Commissioner retrospectively after the submission by

NP of the seasonal or annual report that will document

their creation.

8. As documented in Attachment 1, attached to and

incorporated by reference into this Trading Agreement

and Order, 58.7 tons of ozone season NOx 3DERCs and

66.4 tons of non-ozone season NOx DERCs were generated

by the boilers between December 16, 1999 and June 30,

2000.

9. Ten (10) percent of these DERCs (5.9 tons ozone

season, 6.6 tons non-ozone season) are retired and

permanently removed from all calculations to assure a

benefit to the environment. The total available for

use, after rounding down to the nearest whole number

for annual serial assignment purposes, is III DERCs

(52 tons ozone season, 59 tons non-ozone season).

3. The Com~issioner, in accordance with the provisions of this

Trading Agreement and Order, pursuant to Section 22a-174-

22(d) (3) of the Regulations, will allow NP and approved

sources within Connecticut to use 52 tons of ozone season

NOx oDERCs and 59 tons of non-ozone season NOx DERCs

referenced in paragraph A.9. of this Trading Agreement and

Order for purposes of compliance under Section 22a-174-

22(j) of the Regulations to achieve a portion of the

nitrogen oxide emission reductions required by Section 22a174-22 of the Regulations. DERC creation serial numbers

assigned by the Department to these approved reductions of

NOx emissions are provided in Table 1 of this Trading

Agreement and Order:

TA3LE 1

NP

DERC Serial Nu..wers

Year Tons I Ozone Season Tons Non-ozone season

11999 0 1 N/A 7 CT99/8218 (DC)NOxnozl-7

2000 52 CTOO/8218 (BDC)NOxoz1- 52 ICTOO/8218 (DCINO>c'1oz1-52

52

B.2. Ozone season BDERCs may be generated and used in accordance

Initials: 4 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

with this Trading Agreement and Order.

B.3. Upon sufficient documentation as prescribed below, the

Commissioner may provide written approval of the generation

of additional DERCs by N? retrospectively. Approved DERCs

generated by NP may be held by NP or transferred to other

persons in accordance with this Trading Agreement and

Order.

3.4. The Commissioner, ~n accordance with the provisions of this

Trading Agreement and Order, pursuant to Section 22a-174-

22(d) (3) of the Regulations, hereby allows N? to comply

with Section 22a-l74-22(d) (1) of the Regulations through

use of DERC·trading.

C. With the agreement of NP, the Commissioner, acting under

Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-177 of

the Connecticut General Statutes, orders NP as follows:

1. DERC generation.

a. For purposes of generating DERCs from the boilers

at the facility, NP shall use 0.25 IbslMMDtu of

heat input when operating on No. 6 fuel oil and

0.17 lbs/MMBtu of heat input when operating on No.

2 fuel oil as the baseline emission rates for the

boilers, or the proportioned baseline emission rate

set forth in footnote 2 of paragraph C.II of this

Trading Agreement and Order, when simultaneously

operating on more than one fuel. NP shall use the

above referenced baseline emission rate(s) when

calculating the proportioned baseline emission

rate. When calculating DERCs, NP shall use the

lower of daily total CEM-calculated MMBtu val~e or

actual fuel usage data for the boilers in

MMBtu/day, when determining heat input.. The ten

(10) percent uncertainty discount due to not having

data from an official Method 7-E stack test or CEM

data while operating on No. 2 fuel oil shall be

incorporated into the proportioned baseline

emission rate whenever the boilers are operating on

No.2 fuel oil as referenced in paragraph C.ll. of

this Trading Agreement and Order and shall be

retired by the facility and permanently removed

from all calculations on a daily basis. An

Initials: 5 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

additional ten (10) oercent of all DERCs (tons)

generated by the boilers shall be retired by the

facility and permanently removed from all

calculations on a daily basis to assure a benefit

to the environment.

b. Non-ozone Season Restrictions. Non-ozone season

NOx DERCs generated by NP shall be created and

approved in accordance with this Trading Agreement

and Order, and shall remain valid until they are

used or until May 1, 2003, whichever occurs first.

c. Ozone Season Restrictions. The boilers are

subject to Section 22a 174-22a of the 2egulations

("NOx Budget Program-) in 1999 and every year

thereafter. The boilers may generate ozone season

BDERCs to comply with Section 22a-174-22 of the

Regulations in accordance with paragraph C.I.a. of

this Trading Agreement and Order and the following

conditions and restrictions; 1) BDERCs shall

only be generated by the boilers from May 1

through Septemoer 30 of a given year, 2) BDERCs

shall only be used by other NOx Budget Program

sources located in Connecticut, 3) BDERCs shall

only be used to offset ozone season excess

emissions, and shall not be used for compliance

during the non-ozone season; and 4) BDERCs

generated during a given year shall only be used

during the following ozone season, with the

exception of BDERCs generated during 1999, which

may be used in the 2001 ozone season. For

example, BDERCs generated during the 1999 ozone

season may be used during the 2001 ozone season.

However, BDERCs generated during the 2000 ozone

season may only be used during the 2001 ozone

season. BDERCs may be generated until May 1,

2003. 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.

2. DERC Use. Approved DERCs shall be acquired for

compliance with the emission standards in Section 22aI74-22 of the Regulations for the period beginning

Initials: -b",K.::..I<Cl... _ 6 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

December 15, 1999 and continuing until NP achieves

permanent compliance for the boilers with the emission

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

or until May 1, 2003, whichever occurs first. N?

shall acquire approved DERCs, and document and record

the amounts of NOx emissions and DERCs used by serial

number {if assigned} by the boilers each day, and

shall maintain and provide such records in accordance

with the following and Section 22a-174-4 of the

Regulations, until May 1, 2003:

a. Before the first day of each month, calculate

projected worst case DERCs required for that

calendar month as follows:

DERCs (tons) = {[estimated worst case NOx

emission rate in lbs/MMBtu - ((0.95) x (NOx RACT

limit or proportioned emission rate calculated

pursuant to Section 22a-174-22 (f) (2) (A) of the

Regulations in lbs/MMBtu})] x (Estimated fuel use

in MMBtu)} • 2000 pounds.

b. Acquire sufficient approved DERCs no later than

the first day of each month to assure compliance

with the emission standards in Section 22a-174-22

of the Regulations for, .at a minimum, that

calendar month. 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.l.c. of this

Trading Agreement and Order. At a minim~~1 DERCs

required shall be adjusted uDwards by 100' i'f

DERes are not in NP's possession prior" to the

first day of each month.

c. No later than the twentieth day of each month,

calculate DERCs used in the preceding calendar

month, as follows:

(1) For the boilers on each day, determine

whether the 24-hour average NOx emission

rate* is less than the baseline emission

rate or greater than the NOx R~CT limit.

(2) When the boilers have a daily NOx emission

Initials: 7 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

rate (24-hour average) exceeding the NOx

RACT limit, calculate the amount of DERCs

used, as follows:

DERCs (tons) = {[(C~~-recorded NOx daily

average emission rate in lbs/MMBtu*) -

((0.95) x (NOx RACT limit or proportioned

emission rate calculated pursuant to Section

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

Ibs/MMEtu») x (actual fuel use in MMBtu)} +

2000 pourlds_

*This rate shall be calculated pursuant to

the methodology described in 40 CrR Part 75.

d. Maintain doc~~entation to attest to the ract that

DERCs used during the ozone season were generated

during the" ozone -season. Generator certification

of this fact shall be sufficient.

e. After full program review, and if the

Commissioner deems it appropriate, the

Commissioner may allow the survival and use of

approved DERCs beyond April 30, 2003, subject to

the limitations set forth in paragraph C.I.c" of

this Trading Agreement and Order.

f. Pursuant to Section 22a-174-22 (d) (3) of the

Regulations, NP 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.

3. NP shall maintain records for the boilers showing

daily NOx mass emissions, and actual NOx emission

rates (24-hour average). NP shall also ITaintain

records showing a daily total of all DERCs generated

net of the applicable uncertainty and envirolli~ental

discounts.

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Norwalk Power LLC Trading Agreement

and Order No. 8218

4. In requesting approval of DERCs generated by the

boilers, NP shall provide documentation containing a

sample spreadsheet with calculation formulas used to

determine reported numbers; monthly operating reports

of actual fuel. usage including the fuel BTU content,

number of barrels, gallons, and cubic feet used for

each fuel type; daily MMBtu 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 referenced in paragraph C.l of this

Trading Agreement and Order, net of the applicable

uncertainty and environmental discolliJts.

5. When the daily C~~-recorded NOx emission rate is used

to calculate DERCs generated by the boilers, NP shall

not include missing data calculated in accordance with

any missing data substitution procedures, including

those allowed under 40 CPR Part 75. When the daily

CEM-recorded NOx emission rate is used to calculate

DERCs used by the boilers, NP shall include missing

data calculated in accordance with missing data

substitution procedures under 40 CFR Part 75.

6. No later than March 1 of every year after issuance of

this Traqing Agreement and Order, NP 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. N?

shall also include actual NOx emissions from the

boilers, 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 form prescribed by

the Com~issioner. This reporting may cease if a

central registry is approved by the Commissioner.

Should NP choose to discontinue the generation of

DERCs, NP shall notify the Commissioner in writing

upon discontinuance.

7. In order to consider CEM-recorded NOx emission rates

Initials , -B.k,""~,,,- _ 9 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

valid for DERC approval, all NOx and C02/02 CEMs must

comply with 40 Code of Federal Regulations Part 75.

8. NP shall retain records and supporting documentation

as described in this Trading Agreement and Order for a

minimum or ~lve years, commencing on the date such

records were created. NP shall provide the records

specified above to the Commissioner within thirty (30)

days of receipt of a written request from the

Commissioner.

9. Upon sufficient documentation, ~s determined by the

Commissioner, that NP has met the requirements of

paragraphs C.I., C.2., C.3, C.4., C.S., C.?, C.IO.,

and C.II., of this Trading Agreement and Order, the

Commissioner may provide written approval of DERCs

generated by NP retrospectively, in addition to the

those approved in paragraph B. of this Trading

Agreement and Order. Requests for approval of all

subsequent DERCs generated shall be submitted in

writing to the Commissioner. Approved DERCs generated

by NP may be held or transferred to other persons.

Such DERCs shall remain valid until they are used or

until May 1, 2003, whichever occurs first.

10. Should NP choose to generate additional DERCs, reports

documenting these DERCs shall be submitted to the

Com~issioner on an ozone season, non-ozone season

(January through April and/or October through

December), or annual basis. Such reports shall be

compiled on a monthly basis and shall be submitted at

least on an annual basis.

11. When the boilers have daily NOx emi·ssions below the

baseline emission tate(s) or the'proportioned baseline

emission rate, NP shall calculate the amount of DEacs

generated as follows:

DERCs (tons) = {{Total heat input1 of all fuels in

MMBtu x {(proportioned baseline emission rate2) - (the

CEM-recorded NOx emission rate 3 )] 2000 Ibs/ton} x

(0.90)'

Initials:

where:

10 Date: .rJk
Norwalk Power LLC Trading Agreement

and Order No. 8218

1 Heat input shall be calculated using the lower of

CEM-recorded data or actual fuel usage data in MMBtu

per unit of fuel combusted.

2 This rate shall be calculated by 1) multiplying the

heat input of each fuel cornbusted 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 boilers are operating exclusively on

one fuel, NP may replace the proportioned baseline

emission rate, for that fuel. The ten (10) percent

uncertainty discount due to not having data from an

official Method 7-E stack test· or CEM data while

operating on No.2 fuel oil shall be incorporated into

the proportioned baseline emission rate whenever the

boiler is operating on No.2 fuel oil.

J This rate shall be calculated pursuant to the

methodology described in 40 Code of Federal

Regulations Part 75 and weighted pursuant to the

Department of Environmental Protection's policy

statement entitled "Guidance for Calculation of

Emission Reduction Credits and Determination of

Compliance with NOx RACT for Sources Subject to 40 CFR

(Acid Rain Sources)" dated 12/18/98 which is attached

to and incorporated by reference into this Trading

Agreement and Order as part of Attachment 1.

4 An additional ten (10) percent of all DERCs (tons)

generated by the boilers shall be retired by the

facility and permanently removed from all calculations

on a daily basis to assure a benefit to the

environment.

12. 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 NP'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.

13. Approvals. NP shall use best efforts to submit to the

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Norwalk Power LLC Trading Agreement

and Order No. 8218

14 .

Commissioner all documents required by this Trading

Agreement and Order in a complete and approvable form.

If the Commissioner notifies NP that any document or

other action is deficient, and does not approve it

with conditions or modifications, it is deemed

disapproved, and NP 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 COmrrUssioner'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 ~erformed or with such

conditions or modificat10ns as the Commissioner deems

necessary to carry out the purooses of this Trading

Agreement and Order. Nothing In this paragraph shall

excuse noncompliance or delay.

Definitions. As used in this Trading A$reement and

Order, "Commissioner" means the Corruniss1oner or a

representative of the Commissioner; "Ozone season"

means the period from May 1 through September 30 in

any given calendar year; "NOx RACTP means NOx

Reasqnably Available Control Technology. The date of

"issuanceP of this Trading Agreement and Order is the

date the Trading Agreement and Order is deposited in

the U.S. mail or oersonally delivered, whichever is

earlier. -

15. 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 this Trading Agreement and Order,

including but not limited to notice of aooroval or

disapproval of any document or other actlon, shall be

the date such notice is deoosited 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 b¥ a date which

falls on a Saturday, Sunday or a Connect~cut or

federal holiday shall be submitted or performed by the

next day which is not a Saturday, Sunday or

Connecticut or federal holiday.

12 Date:

Certification of documents. ~~y doc~~ent, including

Dut not I~m1ted to an¥ notice, which is required to be

submitted to the Comrn1ssioner under this Trading

Agreement and Order shall be siqned by NP or, if NP is

not an individual, by NP's chier executive officer or

a duly authorized representative of such officer, as

those terms are defined in §22a-430-3 (b) (2) of the

Regulations of Connecticut State Agencies, and by the

individual(s) responsible for actually preparing such

sfk

16.

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Norwalk Power LLC Trading Agreement

and Order No. 8218

17.

18.

19.

document, and NP or NP's chief executive officer and

each such individual shall certify in writing as .follows: -r have ~ersonally examined and am familiar

with the informat10n 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. r understand that any false statement made in

the submitted information is punishable as a criminal

offense under §53a-157b of the Connecticut General

Statutes and any other'applicable law. ft

Noncompliance. This Trading Agreement and Order is a

t1nal oraer o~ 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 N? to an

injunction and penalties.

False statements: Any false statemen~ in any 1nIormat1on suorn1tted pursuant to th1S Trad1ng Agreement and Order is punishable as a criminal

offense under §53a-157b of the Connecticut General

Statutes and any other applicable law.

Notice of transfer; liabilitaof NP. Until NP has

tully compI1ed Wl~n tn1s Tra ~ng Agreement and Order,

NP shall notify the Commissioner in writing no later

than 15 days after transferring all or any oortion 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. NP'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.

20. Commissioner's powers. Nothing in this Trading Agreement and Order snaIl 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 NP 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 NP to undertake further investigation or further

action to prevent or abate violations or pollution.

21. N?'s obligations under law. Nothing in this Trading Agreemenc a~a Order snail relieve NP of other

Initials: 13 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

22.

23.

24.

25.

obligations under applicable federal, state and local

law.

No assurance by Commissioner. No provision of this Trad~ng Agreement and order and no action or inaction

by the Commissioner shall be construed to constitute

an assurance by the Co~~issioner that the actions

taken b¥ NP pursuant to this Trading Agreement and

Order w~ll result in compliance or prevent or abate

pollution.

Access to facility. P~y representative of the

Department o~ Env~rOlli~ental Protection may enter the

facilit¥ without ~rior notice for the pu~oses of monitor~ng and entorcing the actions requ~red or

allowed by this Trading Agreement and Order.

No effect on rights of other persons. This Trading Agreement and Oider ne~tner creates nor affects any

rights of persons or municipalities that are not

parties to this Trading Agreement and Order.

No Creation of Property Rights. This Trading

Agreement and order does not create any property

rights with respect to .these DERCs.

27.

26. Notice to Commissioner of changes. Within 15 days of

tne date NP oecomes aware ot a cnfu'ge in any

information submitted to the Commissioner under this

Trading Agreement and Order, or that any such

information was inaccurate or misleading or that any

relevant information was omitted, NP shall submit the

correct or omitted information to the C,ormnissioner.

Notification of noncom§liance. In the event that NP

becomes aware that ~t ~d 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, NP 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 initipl notice,

NP 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 NP shall comply with

any dates which ma¥ be approved in writing by the

Commissioner. Not~fication by NP shall not excuse

noncompliance or delay, and the Com~issioner's

approval of any compliance dates proposed shall not

excuse noncompliance or delay unless specifically so

stated by the Commissioner in writing.

28. Submission of documents. Any document required to be

Initials, JiK..r:K""- _ 14 Date:
Norwalk Power LLC Trading Agreement

and Order No. 8218

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:

Wendy Jacobs

Department of Environmental Protection

Bureau of Air Mana~ement

Emissions and Cred~t Trading Section

79 Elm Street

Hartford, Connecticut 06106-5127

Ini tials: 15 Date:
Norw'alk Power LLC Trading Agreement

and Order No. 8218

NP consents to 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 to legally bind NP to the terms and conditions of the

Trading Agreement and Order,

Norwalk Power LLC

Issued as a final order of the

Jr.

2002.

\flce

Date:

Type Name:

Type Title,

Signature:

Environrnen ta1 Protec t i on on ---I-:!!'.="=:=:;O~:::=-J

Clrf OF NORWALK h~ ReCORDS

MAILED CERTIFIED ~~IL, ~rURN rtECEI?T REQu~STED

Certified Document No.

16