### Exhibit3 

# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In thematter of

The State ofConnecticut and

Norwalk Power LLC Trading Agreement and OrderNo. 8218



### wnereas, the CommissionerofEnvironmental Protection (MCommissioner") and Norwalk Power LLC ("NP") agree that it is in 

### thepublic interest that theywork cooperatively to improve the airquality within the State of

### Connecticut and that the use of emission reduction tradingwill achieve this result in a timely 

### andcost-effectivemanner:

A. At the request andwith the agreement ofNF, the 

### Commissioner finds the following:

1. NP is an exemptwholesale electric generating company with its 

### principal place ofbusiness in Sewickley, Pennsylvania. OnDecember 15, 1999 NPpurchased from TheConnecticutLight and PowerCompany and now owns one fossil fuel-fired electric generating station, Norwalk Harbor Station, atManresa IslandAvenue. SouthNorwalk, Connecticut ("facility").

2. At the facility, NorwalkHarborOperations Inc. operates NorwalkHarbor Station Unit 1, a 164 megawatt tangentially-firedboiler andNorwalk Harbor Station Unit 2, a 172 megawatt tangentially-firedboiler, Connecticut**~egistration** 

### Numbers 137-0028 and 137-0030 respectively, ("boilers"). The boilers have the.dual capacity to operate on,fuel oil (No.6 orNo.2). No. 2 fuel oil is usedprimarily as an ignition fuel as part of the start-upprocedure. Acontinuous emissions monitor**(UCEM~),** 

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

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_ (Printed 011 Recycled Paper) 19 Elm Strcet • Hartford. CT 06106·**~121 hllp:lldcj).~** talc.ct.IIS An Equal OpportuniTy Emp/c)"u 

### Date:Norwalk PowerLLC Trading Agreement and Order No. 8218

conditions, andprior to the installation of a selective noncatalytic reduction system, and based on Department of Environmental Protection ("Department") approved stack test data andAP-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") ofheat input when operating on No.6 fuel oil and 0.17 1bs/MMBtu ofheat 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 ofheat input when operating on No.6 fuel oil and 0.17 Ibs/MMBtu ofheat 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 completedmodifications 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 systemwas installed at the facility by June, 1995 to provide further reductions ofNOx emissions. Such modifications and control equipment enabledNP'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 ofheat input when operating on No. 6 fuel oil and 0.17 lbs/MMBtu ofheat' 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 credits ("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 approvedDERCs monthly on an as-neededbasis,

as determined by actual NOx emissions in the event that the 24-hour average 

### of actual NOx emissions exceeds the NOxemission limitations of Section 

### 22a174-22(e) of the Regulations.

7. When properly**document~d** byNP, 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 properlymeasured, 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 reliedupon in any applicable attainment plan, any reasonable further progress plan or milestone demonstration.



### in

Date: 3 Permanentbecause 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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### TradingAgreement and OrderNo. 8218

Enforceable because theDERCs are approvedby the Commissionerretrospectively after the submissionby NP 

### of the seasonal or annual report thatwill document their creation.

8. As documented inAttachment 1, 

### attached to and incorporatedbyreference into this TradingAgreement andOrder, 58.7 tons ofozone seasonNOx 3DERCs and 66.4 

### tons ofnon-ozone seasonNOx DERCs were generated by theboilers betweenDecember 16, 1999 and June 30, 

### 2000.

9. 

### Ten (10) 

### percent of theseDERCs (5.9 

### tons ozone season, 6.6 

### tons non-ozone season) are retiredand permanently removed from all calculations to assure a benefit to the environment. The total available for use, afterrounding down to the nearest whole number for annual serial assignmentpurposes, is III 

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

3. The**Com~issioner,** 

### in accordance with theprovisions of this TradingAgreement andOrder, pursuant to Section22a-174- 22(d)(3) 

### of the Regulations, will allow NP 

### andapproved
sources within Connecticut to use 52 tons ofozone season NOxoDERCs and 59 

### tons ofnon-ozone seasonNOxDERCs referenced inparagraph A.9. 

### of this TradingAgreement and Order for purposes ofcompliance 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 areprovided 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 maybe generated and used in accordance

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### Date:

### NorwalkPower LLC 

### TradingAgreement and OrderNo. 8218

with this Trading Agreement and Order.

B.3. Upon sufficientdocumentation as prescribedbelow, the Commissionermayprovidewritten approval of the generation ofadditional DERCs byN? retrospectively. ApprovedDERCs generatedbyNPmaybe heldbyNP or transferred to other persons in accordancewith this Trading Agreement and Order.

3.4. The Commissioner,**~n** 

### accordancewith the provisions of this TradingAgreement andOrder, 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 ofDERC·trading.

C. With the agreement ofNP, the Commissioner, acting under Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-177 of the ConnecticutGeneral Statutes, orders NP as follows:

1. DERC generation.

a. Forpurposes ofgeneratingDERCs from the boilers at the facility, NP shall use 0.25 IbslMMDtu of heat inputwhen operating onNo. 6 fuel oil and 0.17 lbs/MMBtu ofheat input when operating onNo. 2 fuel oil as the baseline emission rates for the boilers, or theproportionedbaseline emissionrate set forth in footnote 2 ofparagraph C.II ofthis TradingAgreement andOrder, when simultaneously operating onmore than one fuel. NP shall use the above referencedbaseline emission rate(s) when calculating theproportionedbaseline emission rate. When calculatingDERCs, NP shall use the lower ofdailytotal CEM-calculatedMMBtu**val~e** 

### or actual fuel usage data for theboilers in MMBtu/day, when determiningheat input.. The ten (10) percentuncertainty discount due to nothaving data from an official Method 7-E stack test orCEM data while operating onNo. 2 fuel oil shall be incorporated into theproportionedbaseline emission rate whenever theboilers are operating on No.2 fuel oil as referenced inparagraph C.ll. of this TradingAgreement and Order and shall be retiredby the facility andpermanently 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) generatedby 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 generatedby 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 withparagraph C.I.a. of this Trading Agreement and Order and the following conditions and restrictions; 1) BDERCs shall onlybe generatedby the boilers from May 1 through Septemoer 30 of a givenyear, 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 ofBDERCs generated during 1999, which may be used 

### in the 2001 ozone season. For example, BDERCs generated during the 1999 ozone
season maybe used during the 2001 ozone season. However, BDERCs generated during the 2000 ozone seasonmay only be used during the 2001 ozone
season. BDERCs may be generateduntil 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. ApprovedDERCs shall be acquired for compliance with the emission standards in Section 22aI74-22 of the Regulations for the period beginning

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_ 6 Date:

### NorwalkPower 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

oruntil May 1, 2003, whichever occurs first. N? shall acquire approved DERCs, and document and record the amounts ofNOx emissions and DERCs used by serial number {if assigned} by the boilers each day, and shall maintain andprovide 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 projectedworst case DERCs required for that calendar month as follows:

DERCs (tons) = {[estimatedworst 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 eachmonth to assure compliance with the emission standards in Section 22a-174-22 of the Regulations for, .at a minimum, that calendarmonth. 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 ofeach month.

c. No later than the twentieth day of each month, calculate DERCs used in the preceding calendar month, as follows:
(1) For theboilers on each day, determine whether the 24-hour averageNOx emission rate* is less than the baseline emission rate or greater than the NOx**R~CT** limit.
(2) When theboilers have a daily NOx emission

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### NorwalkPowerLLC 

### Trading Agreement and Order No. 8218

rate (24-hour average) exceeding the NOx RACT limit, calculate the amount ofDERCs used, as follows:

DERCs (tons) 

## =**{[(C~~-recorded** 

### NOx daily average emission rate in lbs/MMBtu*)

- ((0.95) x 

### (NOxRACT limit orproportioned emission rate calculatedpursuant to Section 22a-174-22(f)(2)(A) ofthe Regulations in Ibs/MMEtu») x (actual fuel use in MMBtu)} + 

### 2000 pourlds_

*This rate shall be calculatedpursuant to themethodology described in 40 CrR Part 75.

d. Maintain**doc~~entation** 

### to attest to the ract that DERCs usedduring the ozone seasonwere generated during the"ozone-season. Generator certification of this fact shallbe sufficient.

e. After full programreview, and if the Commissionerdeems it appropriate, the Commissionermay allow the survival and use of approvedDERCs beyondApril 30, 2003, subject to the limitations set forth inparagraph C.I.c" of this TradingAgreement and Order.

f. 

### Pursuant to Section 22a-174-22(d) (3) 

### of the Regulations, NPmayuse NOx allowances, pursuant to Section 22a-174-22(j) of the Regulations to achieve all or a portion of the reductions requiredby Section 22a-174-22 of the Regulations. Any 

### allowance used for compliance with Section22a-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 maintainrecords for theboilers showing dailyNOxmass emissions, and actual NOx emission rates (24-houraverage). NP shall also ITaintain records showing a 

### daily total ofall DERCs generated net of the applicable uncertainty and**envirolli~ental** 

### discounts.

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# _ 8 

### Date: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 ofbarrels, 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 substitutionprocedures, including those allowed under 40 CPR Part 75. When the daily CEM-recordedNOxemission 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 (ifassigned) 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 ifa central registry is approved by the Commissioner. ShouldNP choose to discontinue the generation of DERCs, NP shall notify the Commissioner in writing upon discontinuance.

7. In order to consider CEM-recordedNOx emission rates



### Initials,

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# _ 9 Date:Norwalk Power LLC Trading Agreement and OrderNo. 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 Commissionermayprovide 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 otherpersons. 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 rate3)] 2000 Ibs/ton} 

### x (0.90)'

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10 Date: 

# .rJkNorwalk PowerLLC 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 perunit of fuel combusted.

2This rate shall be calculatedby 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 sumby 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 proportionedbaseline emission rate whenever the boiler is operating onNo.2 fuel oil.

J This rate shall be calculatedpursuant 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 withNOx 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 theboilers 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 emissionreduction credit and shall be deducted fromNP's NOx Budget Program compliance account upon suchuse. 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 ofConnecticut NOx allowance retirement account.
13. Approvals. NP shall use best efforts to submit to the

Initials: 11 Date: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, andNP shall correct the deficiencies and resubmit it within the time specifiedby the Commissioner or, ifno time is specifiedby the Commissioner, within 

### 30 days of the COmrrUssioner's notice ofdeficiencies. 

### In approving any document or other action under this Trading Agreement and Order, the Commissionermay approve the document or other action as submitted or**~erformed** orwith such conditions ormodificat10ns 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 fromMay 

### 1 through September 

### 30 in any given calendar year; "NOx RACTP means NOx Reasqnably Available Control Technology. The date of "issuancePof 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 Commissionerunder 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 requiredby this Trading Agreement and Order to be submitted orperformedb¥ a date which falls on a Saturday, Sunday or a**Connect~cut** or federal holiday shall be submitted orperformed by the next day which is not a Saturday, Sunday or Connecticut or federal holiday.

Date: 12 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 siqnedby NP or, ifNP 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 ofConnecticut State Agencies, and by the individual(s) responsible for actually preparing such 

# sfk 16.

Initials:

### Norwalk PowerLLC 

### Trading Agreement and OrderNo. 8218

17.



### 18.

19. 

### document, andNP orNP'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 ofmyknowledge and belief. r understand that any false statementmade 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 andOrder is a t1nal oraer**o~** 

### the Commissionerwith respect to the matters addressedherein, and is nonappealable and immediately enforceable. Failure to comply with this Trading Agreement and Ordermay subjectN? to an injunction andpenalties.
False statements: Any false**statemen~** 

### in any 1nIormat1on suorn1ttedpursuant to th1S Trad1ng Agreement and Order is punishable as a criminal offenseunder §53a-157b of the Connecticut General Statutes and any other applicable law.
Notice of transfer; liabilit

# aofNP. Until NPhas 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 Orderor after obtaining a newmailing or location address. NP's obligations under this Trading Agreement and Order shall not be affectedby the passage of title to any property to any otherperson 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 otheraction to prevent or abate violations of law, prevent or abatepollution·, recover costs andnatural resource damages, and to imposepenalties for past, present, or future violations oflaw. If at any time the Commissionerdetermines that the actions takenby NPpursuant to this Trading Agreement and Order have not successfully corrected all violations, fully characterized the extent or degree of any pollution, or successfully abated orpreventedpollution, the Commissionermay institute any proceeding to require NP to undertake further investigation or further action to preventor abate violations orpollution.
21. N?'s obligations under law. Nothing in this Trading Agreemenc**a~a** 

### Order snail relieve NP ofother

Initials: 13 Date:

### NorwalkPowerLLC 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 ofpersons 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 ofnoncom§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 requiredhereunder, 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, ifunavoidable, 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 andpropose, 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

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_ 14 Date:Norwalk PowerLLC 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 ofAir**Mana~ement** Emissions and**Cred~t** Trading Section 

### 79 Elm Street Hartford, Connecticut 06106-5127

Initials: 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 undersignedcertifies that he/she is fully authorized to enter into this TradingAgreement and Order and to legallybindNP 

### to the terms andconditions 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:

Environrnenta1 

### Protect

### ion on**---I-:!!'.="=:=:;O~:::=-J**



### ClrfOF

### NORWALK**h~** 

### ReCORDS



### MAILED CERTIFIED**~~IL, ~rURN**  

### rtECEI?T**REQu~STED** 

### CertifiedDocument No.

16