Exhibil3

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State of Connecticut

and

Middletown Power LLC

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Trading Agreement and Order No. 8182

Whereas, the Commissioner of Environmental Protection ("Comn1issioner") and

Middletown Power LLC (ITMP") agree that it is in the public interest that they work coopera~ively to improve the air quality within the State of Connecticut

and that the use of emission reduction credit (nERC") trading to reduce

nitrogen oxide (nNOx N ) emissio~s ~il1 achieve this result in a timely and C05teffective manner:

A. At the request and with the agreement of MP, the Com~issioner finds the

following:

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2.

3.

MP is an exemot wholesale electric generating company with its

orincioal olace of business in Sewickley, pe~_~s~lvan~a. On or

oefore·December 31, 1999 MP will purchase from !he Co~~ecticut Light and Power Comnany and then own one (1) piece of fuel-burning equioment ("oeaking unit") identified in Table 1 of this Trading Agreement ana Order. This peaking unit is a combustion turbine.

On or before December 31, 1999 NRG Middletown ODerations Inc. will

ooerate the oeaking unit identified in Table 1 of this Trading Agreement ana Order at MP's facility.

Official U.S. Environmental Protection Agency ("EPA") Reference

Method 7£ stack testing oerformed on the date indicated in Table

1, resulted in a NOx emission rate set forth in Table 1.

'!'.e.ble l

lG - NOx EMISSION ?Y.'!':E: A1ID RACT LIi-n::T (lbs/MlGtl.1.)

Peaking Unit FUEL ?'LE'a NOx >ACT Stack Stack Test Date of

(lbs/MMEtu) Rate Test aate Stack

• (lbs/MM3tu) Rate (lbs/MM3tu) .Test

(pp:nvd)

Middleto;,,'l1 lO other 0.67 0.289 159.7 0.61 , 10/18/96

oil

4. The emission race for the peakinq u-~it and fuel specified in Table

1 is in excess of Section 22a-17~-22, Table 22-2 ·of the

Regulations of Connecticut State Agencies ("Reguiations U ), NOx

em1ssion rate limits (Reasonably Available Concrol Technology "MeT") .

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Middletown Power LLC Trading Agreement

and Order No. 8182

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5. ?ursuant to Section 22a-174-22(b) of the Re~lations, the oeaking unit is subject to Sections 22a-174-22(d) tnrough (k) of the

aegulations, pertaining to the control of NOx emissions.

6. In accordance with Section 22a-l74-22(j) of the Regulations, MP

oroposes that for the oeaking unit identified in Table 1, MP shall

use· ERC trading when burning "other oil", as that term is defined

in Section 22a-174-22 of the Regulations.

7. ?ursuant to the Department of Environmental ?rotection's ~Credit

Trading for Sources with Irregular NOx Emissions'" Doliey, with a

revisea date of November 5, 1997, attached hereto and incorcorated

by reference into this Trading Agreement and Order as Exhibit 1,

tne oeaking unit has peak daily HOx emissions greater than three

times the average daily emissions during the ozone season and is

therefore considered a source with irregular NOx emissions.

8. Based on D~P aporoved stack test data, it has been determined that

the peaking unit's emissions will not meet the applicable reouirements of ~~CT contained in Section 22a-17~~22 of the Re~lations. M? proPoses to use a Full Load Emission Rate

(\\rLER") ';dentified In Table 1 for the purposes of calculating E?Cs requ~red.

9. MP intends to continue acquiring approved 3RCs as needed.

10. Approved 2RCs are defined for the ?uroose of this Trading Agreement and Order as those for which the Commissioner nas

orovided written authorization for use in compliance with Section

:22a-174-22 of the Regulations. .

The Commissioner, in accordance with the orovisions of this Trading Agreement and Order, and pursuant to Section 22a-174-22 (i) of the Regulat~ons h~reb~ allows_M~ to co~ly w~~h Sectio~ 22a-1?4-22 of th~ Regulat~ons tnrougn use oz ~RC traa~ng reLerenced ~n Sect10n A, here~n,

to achieve the nitrogen oxide emission reduction recruired by Section

22a-174-22(d) (2) of the ~e9'.llations. -

With the agreement of MP, the Commissioner, acting lli.der Connecticut

General Statutes Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-177, orders MP as follows:

Upon issuance of this Trading Agreement and Order MP shall comolv dur~ng operation of the peak1ng u-~it with the FLER shown in Table

1 aDove.

2. On and after the date which MP ourchases the oeaking unit

identified in Table 1 of this Trading Agreement and Order, MP

shall have in its possession sufficient aDoroved ERCs to meet

applicable RP.CT requirements and the requirements of chis Trading Agreement and Order.

3. On and after the date which M? purchases the peaking tu.it

identified in Table 1 of this Trading Agreement and Order, M?

shall, on a daily basis, document ana record the amo~~ts of all

fuel used by the Deaking unit each day and the number of ERCs used

for the ozone season (from May 1 through Se~tember 30 of each

year) and non-ozone season (the remainaer 01 the year) .

4. On and after the date which M? purchases the oeaking unit

identified in Table 1 of this Trading Agreement and Order,

oursuant to Section 22a-174-22(j) of the Regulations, MP shall

acouire from The Connecticut Liant and Power comoanr sufficient

aporoved non-ozone season ERCs rn order co meet aDO icable R~CT

requirements and the requirements of this Trading·Agreement and O~der.for th~ operation of tqe peakiqg ~nit identif1ed_in Table 1

or th~s Trad~ng Agreement ana Order aur~ng the month or Dece~ber,

1999.

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Middletown Power LLC Trading Agreement

and Orde~ No. 8182

S. Except as provided in paragraph C.4. of this Trading Agreement and

order ( on and after the date which MP purchases the peaking unit ident~fied in Table-l of this Trading Agreement and Order,

pursuant to Section 22a-174-22(j) of the Regulations, M? shall

acquire from The Connecticut Light and Power Company sufficient

approved ozone and non-ozone season ERCs in order to meet

aPDlicable RACT reauirements and the requirements of this Trading Agreement and Order for the following month's operation.

6. In accordance with E~~ibit 1 of this Trading Agreement and Order,

ozone season ERCs for use during the ozone season shall be

purchased by M? prior to the beginning of the ozone season.

7. O~ and after the date which MP purchases the peaking unit

identified in Table 1 of this Trading Agreement and Order, MP

shall maintain and provide. the recoras required by paragraph C.3.

of this Trading Agreement and Order in accordance with che~

following and Seccion 22a-174-4 of the Regulations, and shall:

a. Have in its oossession sufficient aporoved ERCs for the

current day(~based on the following-calculations (describ~d

also in Exn~bit 1);

At all times (mass calculatio~):

3RCs (in tons) [({FLER in Ibs/MMBtu) - (0.95 x NOx ?ACT in

lbs/MM3tu» x (actual fuel use in lbs/MMStu)J + 2000

pounds/ton

During the ozone season only (peak day calculation) :

the maximum actual excess NOx emissions (in lbs) on any of

the days projected bv the Commissioner to be ~moderate to ~~ealchful, ~~~healthful,fl or "very lli~ealthful,fl divided

by 3 and then divided by 13 (with the result in tons)

3RCs (in tons) • [(Maximum excess NOx in lbs) 3J [13 lbs/day/ton] ;

b. At a minimum, adj~st upwards,by 109' the ERCs required if E~Cs are not in M?'s possess~on pr~or co use;

c. As described in 2y~ibit 1 of chis Trading Agreement and

Order, to the extent that ERCs used co o4fset on a peak day basis during the ozone season exceed the total mass-excess

emissions, remaining E~Cs may be used in the non-ozone season

in the same or subsequent years u-~til May 1, 2003;

d. Document and record daily fuel use, excess NOy. emissions and, during the ozone season, .the ozone classification as

forecasced by the Commissioner on che previous day;

e.

f.

g.

NO later than March 1, 2000, 2001, 2002, 2003 and 2004, include with its annual emissions reDort to the Commissioner, ERCs used (calculated as described in section C.7.a. above), by ozone and non-ozone seasons, for the previous calendar

year;

Retain the records and sUPDorting documentation as described

in this section for a minimum of five years, commencing on

the date such records are created;

Maintain documentation to attest to the fact thac 3~Cs used

during the ozone season were generated during the ozone

season. The ozone season is rrom May 1 through SeDcember 30

in any calendar year. Generator cer~ification of chis fact

shall be sufficienc; and

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Middletown Power LLC Trading Agreement

and O=der No. 8182

h. Provide the records specified above to the Commissioner w~thin t~ir~y (30) days of receipt of a written request from

tne Comml.ssl.oner.

8.

9.

10.

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12.

Pursuant to the intent of Section 22a-174-22a(f) (4) of the

Regulations, M? may, for a budget source, use allowances acquired pursuant to the provisions of Section 22a-174-22a of the

xegulations to comply with subsection (e) af Section 22a-174-22 of

the Regulations pursuant to the orovisions of subsection (jl of

Section 22a-174-22 of the Regulations as long as MP remains an

owner of that budget sourcei for pUrPoses of this Trading Agreement and Order. ~~y a_low~~ce used for comnliance with

subsection (e) of Section 22a-174-·22 of the Regulations shall be

subject to all restrictions and/or requirements applicable to ERCs

contained in this Trading Agreement and Order and70r Section 22a174-22a of the Regulations.

The terms ~~d conditions established by this Trading Agreement and

Order shall become effective on the date M? purchases the peaking unit identified in Table 1 of this Trading Agreement and Order, and upon issuance of this Trading Agreement and Order.

Nq late~ than Ma~ 1, 2003, MP_sh?11 comDly.with the require~ents

or: Sectl.on 22a-1/4-22{d) (2) or: tne Re~lat:l.ons. However, atter

full program review ox this and other Trading Agreements and

Orders and{ if determined to be appropriate, the Commissioner may grant a wr~tten extension of this-Traaing Agreement and Order.

8efiijit~Qns. .n.s used in this order, "Commissioner" means the omml.ss~oner of Environmental Protection or an a~ent of the

Commissioner. ~Other oil u me~~s a fuel that is -i9Uid at sta~dard

conditions ~~d is not residual oil. ~Residual oil means any :uel

oil of No.4, No.5, or No.6 grades, as defined by Commercial

Standard C.S. 12-48. I10zone season" means the perlod from May 1

through September 30 in any given calendar year. "Issuance" means

the date this Trading Agreement and Order is deposited in the U.S.

Mail or the date it ~s personally delivered, whichever is earlier.

Ngti;~ca~i§n of noncompliance. In the event that M? becomes aware

t. at l.t l. not or may not comoly, or did not or may not comoly on

time, with any requirement of thl.s Trading Agreement and Order or

of any document required hereunder! MP shall by telephone immedl.ately notify the Bureau of A2r Management and shall take all

reasonable steps to ensure that any noncomDliance or delay is

avoided or, if unavoidable, is min:tmized to the greatest extent

possible. MP shall also notify the Commissioner .in .....-riting within

ten days of becoming aware of the noncompliance or potential noncompliance stating the date, time, ana duration of the non~a~p~iance{ Fhe reaso~s for the noncompliance or delay and,all act~v~tl.es whl.cn MP and ~ts acents, emoloyees and reDresentatl.ves

took to avoid or repair the results of-the noncomoliance ~,d

prevent the.noncomoliance, and oronose, for the review ~,d written

aDProval of the Com~issioner{ dates by which comoliance will be

achieved. ·MP shall comoly w~th any dates which may be approved in

writing by the Commiss~oner. Notification by MP snaIl not excuse

noncompliance or delay, and the Commissioner s approval of any comoliance dates prooosed shall not excuse noncomoliance or delay ~~less specificallr so stated by the Commissioner- in writing. Nothin~ ner~in. sha 1 neg~te MP'~ o~~igation to comp}y with,S~ction

22a-17_-7 o~ tne Regulatl.ons. LO tne extent that tne orOVls~ons

of Section 22a-174-7 are inconsistent with the provisions of this

Trading Agreement and Order, the more stringent of the provisions in the Trading Agreement and Order or Section 22a-174-7 shall

control.

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13. Certif~catiQn of dQcumen~~. ~~,y document, including but not

IHrl1te to any notl.ce, w••1ch is requ.ired to be subml.tted to the

Commissioner under this Trading Agreement and Order shall be

signed by the responsible corporate officer of MP or a duly

Initials ~~
Middletown Power LLC Trading Agreement

and Order No. 8182

and

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authorized representative of such officer, as those terms are

defined in Section 22a-430-3(b) (2) of the Regulations, and by the

individual or individuals resoonsible for accually oreoaring such

document f each of whom shall examine and be famil~ar with tne in£ormat~on submitted in the document and all attachments thereto,

and shall make inquiry of those individuals responsible for

obtaining the informa~ion to determine that the information is tr~e, accuratei and complete, and each of whom shall certify in wr~t~ng as fol ows:

"I have oersonally examined and am familiar with the information

submittea in this document and all attachments thereto, and I

certify that based on reasonable investigation, incluqlng my inauiry of those individuals reSDonsible for obtaining cne

information, the submitted information is true, accurate and

20mplete ;0 the ee~t of my kno~ledge and ~:~ief; ~I \L~d~rstand ~hat any raIse s~a~ement made 10 the subml~~ed In!ormatlon may be

ounishaole as a criminal offense under Section 22a-175 of the

tonnecticut General Statutes or, in accordance' with Section 22a-6

of the Connecticut General Statutes, under Section 53a-157b of the

Connecticut General Statutes, and i~ accordance with any other

applicable statute."

Final Ao,eement and or~er.. This Trading P·.greement and Order is

the Ilna: agreemenc an order by and beeween the Commissioner and

MP with respect co the matters addressed herein, and shall not be

modified without the written agreement of both parties.

F~Se st~tements. Any false statement in any information

s m~cte oursuant to this Trading Agreement and Order may be

punishable-as a criminal offense under Section 22a-175 of the top_~ecticut General Statutes or, in accordance with Section 22a-6,

under Section 53a-157b of the Connecticut General Statutes.

~Qr+ce Qf ~raDsfer· l5~bilitv of M? and othera. Until MP has

!u :v como:led wltfJ: t:lS Trading Jl..greemenc an Order, MP shall

notiiy the Commissioner in writlng no later th~, fifteen (15) days after transferring all or any oorcion of the facility, the

operations, the slte or the Dusiness which are the sUbject of this

Trading Agreement and Order, or obtaining a new mailing or

locacion address. }L~v license transfer shall be conducted in

accordance with Section 22a-60 of the Connecticut General

Statutes. M?'s obligations under this Trading Agreement and Order

shall not be affectea by the passage of title to any property to

any other person or munlclpallcy.

CQ~~iss~o~fr'~ pQwer~. Nothing in this Trading Agreement and

Or er snat a!!ect t e Cornmissloner's authority to institute any p~oceeding or take any other ac~ion to prevent or abate violations

or law, prevent or abate pollut~on, recover costs and natural

resource damagesi and to lmpose oenalties for violations of law

which are willfu or criminally negligent or for which oenalties

have no~ been.specificallr.p~oVidedi~ thi~ Trading Agreem~nt and

Order, lnclud~ng but not lm~ted to vlolatlons of any oermlt

issued by the Commissioner. If at any time the Commlssioner

dec ermines that the actions taken by ~P pursuant to this Trading Acreement and Order have not fully achieved comoliance with $ect~oD 22a-174-22 of.the Regulatlons, the Comm;ssioner may ;nst~tut~ any proc~ed~ng agalpst MP ~nd/or requlre MP to undertake

!urtner 1Dvesclgat1on or furtner act~on.

MP's obEio$tiocs untieS lew. Nothing in this Trading Agreement Order s all relleve M. or other obllgations under aopllcahle federal, state and local law. -

~ccess co re~o~ds and facifity, Any representative of the ;ep~r~Tent qt.:nvlronmenta Protectlon ~y.enter and in~pect the ~:cll~~y ana lnspect and coPy records Wl~nln normal buslness hours

without prior nocice for the purposes of monitoring and enforcing

D} , Initials i'A~- -5-
Middle:too

lJl1 Po.....er LLC Trading Agr-eement

and Order No. 8182

20.

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the actions required or allowed by this Trading Agreement and

Order.

No effe~t on r~o~ts of other gerf9ns. This Trading Agreement and

Order s:alI ne~t er create nor a:rect any rights of persons who or

municipalities which are not parties to this Trading Agreement and

Order.

go Creation Qf Property Riohts. This Trading Agreement and Order

oes not create any property righes with respect to these ERCs.

Npti§e to Co~issioner of cbanoe~. Within fifteen (15) days of

tne ate MP eCQrnes aware or a canoe in any information sUbmitted

to the Commissioner under this Trading Agree@ent and Order, or

that any such information was inaccurate or misleading or that any relevant information was omitted, MP shall submit the correct or

omitted information to the Commissioner.

23. s~m~ssi9n 9£ dQcumants. .~~~ document required to be submitted t~omm~ss~oner un er chis !rading Agreement and Order shall, unless otherwise specified in writ~ng by the Commissioner, be

directed to:

Mr. David Jawin

Deoartment of 3nvironmental Protection

Bureau of Air Management Comnliance and Field Qperations Division ~missions and Credit Trading Section

79 ~lm Street

Hartford, Connecticut 06106

to

Initials -6-
MiddletoNTI Power LLC Trading Agreement

and Order No. 8182

MP 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 fu~d Order and to legally bind M? to the

terms and. conditions of the Trading Agreement and Order.

Middletown Power LLC

Signature:

Type Name:

Type Title:

Date:

Robert S. Evans II

12/29/99

Issued as a final conse~t ord~he Gorr~issioner

Environm.nta1 ?rot.ction on -:::J~ /J,

CITY 02 MIDDL~TO~N

L.~ND ?.ECORDS

~_~rLED C~RTIFrED ~~rL,

RETURN RECEIPT R~QU::;STED

Certified Document
Exhibit 1

Trading Agreement ~id Order No. 8182
STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

REVISED 11/5/97

Credit Trading for Sources with Irregular NOx Emissions

The following outlines the Department's concerns and methodology for dealing with NOx

compliance pursuant to §22a·174-22G), Regulations ofCOlU1ecticut State Agencies

("Regulations"), emission trading for apeakers" and other sources that have peak emissions that

are substantially higher than their average daily emissions. For purposes of this protocol,

peaking units are defi.ned as sources'with peak daily NOx emissions greater than three times their

average daily emissions during the ozone season.

The basic concept ofthe trading program is that sources with excess NOx emissions (a rate that

exceeds the rate limits in the Regulations) may obtain NOx emission reduction credits ("ERCs")

from sources that have ~over-controlledntheir NOx emissions. Although typical sources can

obtain credits on a mass basis (one ton ofERCs to offset one ton of excess emissions) with an

acceptable environmental outcome, sources with large variations in emissions from day to day

pose an additional problem for ozone attainment planning.

The most common peaking units or "peakers" are electricity generating units that run during

times of high electricity consumption. Electricity demand is often thc highest during hot, humid

days ofllie summer when the potential for ozone fomation is also high. Peakers frequently have

high emission rates. To the extent that these units produce emissions at exactly the time when

emissions need to be reduced to limit ozone fonnation, allowing peakers to continue to comply

with new rate limits through the use ofERCs on a ton-far-ton basis will exacerbate this effect.

On the other hand, ifit can be demonstrated that the ERCs being used by peakers were generated

on a comparable basis (i.e., during days ofbigh ozone potential), then ton-far-ton use by peaken

would be appropriate.

The full impact of the NOx emissions from these types of facilities during summer operation

must consider temporal variability as well as mass of excess emissions. Any ERC trade must

consider equivalency to the NOx reductions that control equipment would produce on an ozone

day on both a temporal and a mass basis. 'The protocol belo'.v places appropriate requirements

on peaking units to reflect the greater impact ofNOx emitted under this type of usage pattern.

Attachment I pr~vjdes a detailed example ofthis issue.

NOx Emissions Reduction Credit Use Computation For Peakers

• Peaking units are only considered to be a temporal issue for the ozone season months.

• All excess NOx emissions during the winter (non-ozone'season) need only be offset by

ERCs on a mass basis.

• Prior to each ozone season there will be a prospective calculation to detennine how many

tons ofERCs must be "on har."1d" during the ozone season. A retrospective calculation

will detennine how many ERCs were actually "used" during the ozone season.

(Pfhll~d on Recyded P~p~r)

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2

For ERe use during the ozone season:

1. Prospective calculation detelmines the number ofERCs that must be provided for the

ozone season. (Beginning in 1996, the ERCs must be in place no later than May 1.)

ERCs required for the ozone season shall be calculated based on: (a) a mass basis (total

anticipated excess NOx emissions over the ozone" season) and (b) a peak-day basis

(maximum excess emissions for any day during the ozone season). Sources will be

required to provide credits equal to the greater of the amount calculated on a mass or

peak-day basis. The timing of actual credit provision will be governed by the terms ofthe

specific trading order issued for that source.

(,) M,ss bosis: ERC, required will be equal to the total number ofton' of anticipated

excess NOx emissions over the entire ozone season, calculated in the same

manner used for other sources using ERCs (i.e., including any discounts).

(b) Peak (daily rate) basis: ERCs (in tons) required will be calculated by dividing

one-third of the maximum daily excess emissions'" (in pounds) by 13

pounds/day/ton:

ERC, required (ton') [(Maximum Estimated Excess NOx in Ib,.) + 3J + [13 Ib,.Iday/tonJ

*Where maximum daily excess NOx emissions are the difference between the

maximum estimated hours of operation per day at the full-Ioad-emission-rate and

95% ofthe allowable NOx emissions under Section 22a-174-22(e) of the

Regulations.

2. Retrosoective calculation will determine the actual credit use and the ERC surplus, if any.

At the end ofthe ozone season, the calculations required in item 1 above will be repeated

using (a) the actual total excess emissions for the ozone season. and (b) the maximum

actual excess NOx emissions on any of the days projected by the Commissioner to be

"moderate to unhealthful", "unhealthful". or "very unhealthful". Tne actual "ERCs

required" will be the greater ofthc ERCs calculated on the basis oftotal mass or

maximum (peak) day. To the extent that the number of ERCs used to offset peak day

emissions exceed the total mass ~f eXI?...5S NOx emissions for the ozone season. the .

remaining mass value ofsuch ERCs may be carried forward for use in the winter (nonozone season). Any unused ERCs maybe carried forward until May 1. 1999, except as

may be limited by the trading agreement and order, or by regulation.
3

Exhibit 1

ERe Calculatioll for Peaking Units

Unless it can be demonstrated otherwise, ERCs are assumed to be created by relatively small

daily reductions in NOx emissions over the course of an entire ozone season (153 days). The

average daily NOx emissions reduction represented by one ton of credit is 13 pounds/day

calculated as follows:

(1 ton) x (2000 pounds/ton) • 153 days = 13 pounds/day!ton

Tbus, an ERe (ton) would be equivalent to a reduction in NOx emissions of 13 pounds/day.

EXA.Jlv1PLE. If a "peaking" sour.ce were to emit one ton of excess NOx per day when operating,

but only operates ror five days during the ozone season, the oowner/operator ofthe source would

nominally need to obtain five tons ofERCs. However, those ERCs are likely to have been

created by relatively small daily reductions in NOx emissions over the course of an entire ozone

season (153 days). In this example, assuming a purchase offive tons ofERCs, that calculates out

to a dailv NOx reduction of approximately 65 pounds.

(5 tons x 2000 pounds!ton) + 153 days 65 pounds/day

Clearly, on any day that the "pe2.king" unit operates, there is much more excess NOx emissions

that will not have been offset, on the order of 1,935 pounds:

(1 ton x 2000 pounds/ton) - (65 pounds credit) = 1,935 pounds excess NOx emissions

While the total 2J.'11ount of NOx emitted would be controlled on a seasonal average basis, on the

"peaking" day there would be a potentially significant increase in NOx emitted, and thus an

increase in potential ozone creation. In order to achieve a commensurate reduction in ozone

creation potential for peakers, an adjustment in the calculation ofrequired ERCs is needed. One

approach would be to require ERCs in a quantity that would ensure that the daily average

reduction represented by those ERCs would equal the maximum daily excess NOx emissions

from the peaking source on any day that it ran. On this basis, a peaking source 'kith a ma....umum

24-hour excess NOx emission of one ton would be required to pur~hase 153 tons of ERCs.

1 (ton)!day X 153 days/season 153 tons

This 153 tons ofERCs would be adequate to ~offset" excess emissions of one ton per day for as

many days as the source operated during a particular ozone season. This has been deemed to be

unduly stringent, given some diversity in operation of these sources. In light of the foregoing,

this requirement is adjusted downward by two-thirds.