-

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

State ofConnecticut

and

Dominion Nuclear Connecticut, Inc.

)

)

)

)

Trading Agreement

and Order No. 8288

WHEREAS, the Commissioner of Environmental Protection ("Commissioner") and the Corporation

("Respondent'l) agree that the Commissioner may issue a permit or order to allow emissions trading in

accordance with Section 22a-174-22G) ofthe Regulations ofConnecticut State Agencies

("Regulations") as a method of compliance with Section 22a-174-22 ofthe Regulations:

A. At the request and with the agreement ofRespondent, the Commissioner finds the following:

I. This Trading Agreement and Order supersedes Trading Agreement and Order Nos. 8221A,

8222A, and all subsequent modifications thereto.

2. Respondent is a corporation that owns and operates the Millstone Power Station on Rope

Ferry Road in Waterford ("facility").

3. At the facility, Respondent operates the emission units described in Tables 1 and 2 below,

which are subject to Section 22a-174-22 ofthe Regulations ofConnecticut State Agencies

("Regulations") pertaining to the control of Nitrogen Oxide (NOx) emissions.

4 For the purposes ofthis Trading Agreement and Order, the following definitions shall apply:

a. Allowable Emission Limit (AEL): the applicable NOx emission limit set forth

in Section 22a-174-22(e) or Section 22a-174-22(f) ofthe Regulations

corresponding to each emission unit described in Tables 1 & 2 ofthis Trading

Agreement and Order

b. Allowance: CAIR NOx Ozone Season allowance originally allocated to a

CAIR NOx Ozone Season unit located in the State ofConnecticut, as defined

in Section 22a-174-22c ofthe Regulations or a NOx allowance designated

specifically for compliance during Ozone Season control periods and allocated

to a CAIR NOx Ozone Season unit located in the State of Connecticut after the

date ofissuance ofthis Trading Agreement and Order.

c. Discrete Emission Reduction Credit (DERC): a unit that was generated and

approved by the Commissioner in accordance with a Trading Agreement and

Order issued by the Commissioner or generated and approved by the

Commissioner in accordance with a protocol submitted and approved pursuant

to Section 22a-174-38 ofthe Regulations. Such unit is equivalent to 1 ton of

(Printed on Recycled Paper)

79 Elm Street • Hartford. CT 06106-5127

www.ct.gov/dep

An Equal Opportunity Employer
Dominion Nuclear Connecticut, Inc. 2 Trading Agreement and Order No. 8288

NOx emissions and may be used for emissions trading in accordance with

Section 22a-174-220) ofthe Regulations, subject to the provisions of Part B of

this Trading Agreement and Order.

d. Non-Attainment Area: means the geographic area which has been designated

as nonattainment pursuant to 40 CFR 81 in accordance with the provisions of

42 USC 7407 (Section 107 ofthe Act). Pursuant to 40 CFR 81.307, the

designated ozone non-attainment areas in the State ofConnecticut are: the

Greater Connecticut, CT area and the New York-Northern New Jersey-Long

Island, NY-NJ-CT area.

e. Full Load Emission Rate ("FLER") - Nitrogen Oxide ("NOx") emission rate

corresponding to each emission unit described in Tables 1 & 2 ofthis Trading

Agreement and Order that the Respondent shall not cause or allow the

emissions ofNOx from that emission unit to exceed; and that the Respondent

agrees such FLER shall serve as the basis for determining Estimated

DERCs/Allowances Required, Actual DERCs/Allowances Required in

accordance with this Trading Agreement and Order.

f. CAIR NATS means "CAIR NOx Ozone Season Allowance Tracking System"

as defined in 40 CFR 96.302.

g. Ozone Season - May 1 through September 30 of each calendar year or such

period as defined by the U.S. Environmental Protection Agency, subsequent to

the issuance ofthis Trading Agreement and Order.

Table 1

Dominion Boilers - NOx Emission Rates, FLERs and Allowable Limits (IbslMMBtu)

UNIT- Fuel Heat Stack FLER AEL Date of Last Date of

reg. or Input Test Stack Test Next

permit no. Rate Stack Test

Boiler No.1 No. 69.6 0.26 0.29 0.25 8/13/2009 8/14/2014

B&WFMIO-79 4 oil

Permit #199-0007

Boiler No. 2 No. 69.6 0.26 0.35 0.25 8/14/2009 8/15/2014

B&WFMIO-79 4 oil

Permit #199-0008

Table 2

Dominion Engines - NOx Emission Rates, FLERs and Allowable Limits (gmfbhp-hr)

UNIT Fuel Capacity Stack FLER AEL Date of Last Date of Next

reg. or permit (bhp) Test Stack Test Stack Test

no. Rate

Electromotive diesel 3400 11.97 14.3 8 9/17/2008 9/18/2013

Emer. Engine

Permit #199-0010
Dominion Nuclear Connecticut. Inc. 3 Trading Agreement and Order No. 8288

Table 2

Dominion Engines - NOx Emission Rates, FLERs and Allowable Limits (gm/bbp-hr)

Cummins VTl710 Idiesel I

GS/GC Engine

620 I 8.1 I 11.6 I 8 I 7/14/2008 I 7/15/2013

5. The Respondent agrees that the actual NOx emissions rate from the emission units

described in Tables I & 2, when burning the corresponding fuels exceeds the

corresponding AELs.

6. Pursuant to Section 22a-174-22(j) ofthe Regulations Respondent proposes to comply with

Section 22a-174-22(e) ofthe Regulations, when operating the emission units described in

Tables I & 2 and burning the corresponding fuels by meanS of emissions trading in

accordance with the provisions ofthis Trading Agreement and Order.

7. Respondent proposes to use a full load emission rate (UFLERU) identified in Tables I & 2

for the purposes of calculating DERCs and allowances required.

The Commissioner, in accordance with Section 22a-174-22(j) ofthe Regulations hereby allows

Respondent to comply with Section 22a-174-22 ofthe Regulations at the facility through the use

of emissions trading, subject to the provisions ofthis Trading Agreement and Order.

B. With the agreement ofRespondent, the Commissioner, acting under Sections 22a-6, 22a-174, 22a176, and 22a-l77 ofthe Connecticut General Statutes, hereby orders Respondent as follows:

I. Expiration ofthis Trading Agreement and Order: The Respondent may only use emissions

trading, subject to the provisions ofthis Trading Agreement and Order, until the date of

expiration ofthis Trading Agreement and Order. The date of expiration ofthis Trading

Agreement and Order shall be the earlier of:

a. January 1,2013;

b. The date upon which the Respondent demonstrates to the Commissioner's

satisfaction that actual NOx emissions from the emission unit, at all times, do

not exceed the corresponding AEL(s);

c. The date specified in any written notice from the Commissioner stating that the

Respondent is nO longer allowed to use emissions trading due to the

Respondent's violation of any provision ofthis Trading Agreement and Order;

or

d. The date specified in any written notice from the Commissioner, notifying the

Respondent that the Commissioner has determined the use of emissions trading

as a compliance option has been further restricted, modified or nullified by:

(i) the promulgation of an Act, Statute, or Regulations; or

(ii) the issuance of a judgment or court order.
Dominion Nuclear Connecticut. Inc. 4 Trading Agreement and Order No. 8288

2. Respondent shall obtain and use sufficient DERCs and/or Allowances in such a manner as to

comply with Paragraphs 8.8 and 8.9 ofthis Trading Agreement and Order. All DERCs and

Allowances used must come from an emission unit that is within the same ozone

nonattainment area as the Respondent. All Allowances used by the Respondent must be for

the current vintage year. All DERCs used during the Ozone Season, shall have been

generated during an Ozone Season by the operation of an emission unit that is not a CAIR

NOx Ozone Season unit, as defined in Section 22a-174-22c ofthe Regulations.

3. Prior to using Allowances in accordance with Paragraph 8.8 ofthis Trading Agreement and

Order the Respondent shall obtain a General Account or Compliance Account in the CAIR

NATS.

4. Vintage Restriction. For the purposes of compliance with Section 22a-174-22 ofthe

Regulations and the provisions ofthis Trading Agreement and Order, DERCs shall only

remain valid for five (5) calendar years from the year ofthe generation ofsuch DERCs.

DERCs older than five (5) calendar years from their creation are not valid for use for

compliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading

Agreement and Order

5. Respondent shall not cause or allow actual NOx emissions from the operation ofthe emission

units described in Tables I & 2 ofthis Trading Agreement and Order to exceed the

corresponding FLERs. Compliance with the corresponding FLERs specified in Tables I & 2

shall be determined based on the results of emissions testing performed in accordance with

Section 22a-174-22 ofthe Regulations or NOx emissions monitored and recorded by a

continuous emissions monitoring system that was approved by the Commissioner and that

complies with Section 22a-174-4 ofthe Regulations and either 40 CFR 60, Appendices B&F

or40CFR 75.

6. Ozone Season Fuel Use Restriction: Notwithstanding the provisions of Paragraph 8.2 ofthis

Trading Agreement and Order, when operating the emission units described in Table I during

the Ozone Season, the Respondent shall operate those units while firing or co-firing the

lowest NOx emitting fuel type or combination offuel types that the units are authorized to

burn in accordance with Departmental permit, registration, or applicable regulation.

7. Notwithstanding Paragraph 8.6 ofthis Trading Agreement and Order, during the Ozone

Season, the Respondent may operate the emission units described above on fuels that result in

higher emissions of NOx, if either:

a. the availability offuel oil that complies with Paragraph 8.6 is inadequate to meet

the needs ofresidential, commercial and industrial users in this state and that such

inadequate supply constitutes an emergency; or

b. the supply of gaseous fuels to the emission units is interrupted due to inadequate

supply or in accordance with an interruptible supply agreement between the

Respondent and the gaseous fuel supplier.

8. DERC/Allowance Use. On the first day of each calendar month, the Respondent shall possess

a quantity ofDERCs and/or Allowances that equals or exceeds the quantity ofActual
Dominion Nuclear Connecticut. Inc. 5 Trading Agreement and Order No. 8288

DERCs/Allowances Required in that month. Compliance with Paragraph 8.8 ofthis Trading

Agreement and Order shall be determined as follows:

a. Before the first day of each month, Respondent shall estimate DERCs and/or

Allowances required for such calendar month for each emission unit using the

corresponding FLER and AEL from Tables I & 2 as follows:

Estimated DERCs/Allowances Required (Table J) =

{(Estimated fuel use in MMBtu) x ((FLER) - (0.95 x AEL»} +2000 Ibs/ton

Estimated DERCs/Allowances Required (Table 2) =

{(Capacity x estimated hours of operation x ((FLER) - (0.95 x AEL»} + 9.08 x 105 grams/ton

Where:

• AEL = Allowable Emission limit, as defined in Paragraph A.4 ofthis

Trading Agreement and Order

• FLER = Full Load Emission Rate, as defined in Paragraph A.4 ofthis

Trading Agreement and Order

• Discount (0.95) = 5% design margin applied to the AEL.

b. No later than the twentieth day of each month, Respondent shall calculate actual

DERCs and/or Allowances used in the preceding calendar month for each

emission unit using the corresponding FLER and AEL from Tables I & 2 as

follows:

Actual DERCs/Allowances Required =

{(Actual fuel use in MMBtu) x ((FLER) - (0.95 x AEL»} +2000 Ibs/ton.

Actual DERCs/Allowances Required (Table 2) =

{(Capacity x actual hours of operation x ((FLER) - (0.95 x AEL»} + 9.08 x 105 grams/ton

c. At the end of each calendar year, the Respondent shall demonstrate that any

Allowances used for compliance during the year are surplus, quantifiable,

enforceable and permanent. This shall be determined by demonstrating that the

Seller's actual NOx emissions during the ozone season as reported to EPA were

equal to or less than the amount ofAllowances allocated to the Seller by the State

ofConnecticut minus the Allowances purchased by the Respondent.
11. Maintenance and Tune-up. At least once before the expiration this Trading Agreement and

Order, the Respondent shall perform maintenance and inspection of each emission unit listed

in Tables I and 2 as follows:

ii. Inspect the system controlling the air-to-fuel ratio, and ensure that it is

calibrated and functioning in accordance with the manufacturer's

specifications or current good engineering practice;

Such additional DERC deduction or Allowance transfer shall be performed at the same time

as the DERC deduction or Allowance transfer specified in Paragraph B.9 ofthis Trading

Agreement and Order.

6 Trading Agreement and Order No. 8288

a. For Table 1- Boilers

1. Inspect the combustion system, and clean or replace any components

ofthe combustion system as necessary, in accordance with

manufacturer's specification or current good engineering practice;

Notwithstanding the provisions ofParagraph B.IO ofthis Trading Agreement and Order, any

violation ofParagraph B.8 ofthis Trading Agreement and Order may be subject to additional

enforcement action as may be deemed appropriate by the Commissioner in accordance with

the Department's enforcement response policy.

iii. Measure the operating parameters ofthe emission unit used to

determine that the emission unit is operating in accordance with

manufacturer's specification or current good engineering practice prior

to and after any adjustments are made during maintenance, tune-up, or

inspection activity;

10. Doubling: Ifthe Actual DERCs/Allowances Required for any month, determined in

accordance with Paragraph B.8, exceeds the quantity ofDERCs and/or Allowances in the

Respondent's possession on the first day ofthat month, then in addition to the deduction or

transfer specified in Paragraphs B.9, the Respondent shall deduct a quantity of DERCs from

the current balance ofDERCs possessed by the Respondent and/or transfer a quantity of

Allowances from the Respondent's NOx General Account to the CT State NOx Retirement

Account (Account ill CT0000000300 in the CAIR NATS) such that the total is equal to

Actual DERCs/Allowances Required for that month.

9. On or before January 31 of each calendar year, the Respondent shall deduct a quantity of

DERCS from the current balance ofDERCs possessed by the Respondent and/or transfer a

quantity ofAllowances from the Respondent's NOx General Account to the CT State NOx

Retirement Account (Account ill CT0000000300 in the CAIR NATS) such that the total is

equal to the sum ofActual DERCs/Allowances Required pursuant to Paragraph B.8 ofthis

Trading Agreement and Order for the preceding calendar year, rounded up to the nearest

whole ton.

Dominion Nuclear Connecticut. Inc.

b. For Table 2- Engines: Maintenance, inspection and tuning in accordance with the

Respondent's periodic maintenance and testing directives, which shall be made
Dominion Nuclear Connecticut. Inc. 7 Trading Agreement and Order No. 8288

available to the Commissioner or a designee ofthe Commissioner upon request

c. The Respondent shall make and keep records including, but not limited to, the

following:

I. Demonstration that any maintenance, tune-up, and/or inspection

activity performed on the emission units described in Tables I & 2 in

accordance with Paragraph RII ofthis Trading Agreement and Order

has been performed in accordance with the manufacturer's

specifications, current good engineering practice, or facility-specific

maintenance directive,

11. The date and a description of any maintenance, tune-up, and/or

inspection activity performed on the emission units described in

Tables 1 & 2 in accordance with Paragraph RII ofthis Trading

Agreement and Order,

111. The name, title and affiliation ofthe person conducting any

maintenance, tune-up, and/or inspection activity performed on the

emission units described in Tables 1 & 2 in accordance with Paragraph

B.lI ofthis Trading Agreement and Order,

IV. The operating parameters ofthe emission unit used to determine

whether or not the emission unit is operating in accordance with

manufacturer's specification, current good engineering practice, or

facility-specific maintenance directive, prior to and after any

adjustments are made during maintenance, tune-up, or inspection

activity performed in accordance with Paragraph B.II ofthis Trading

Agreement and Order.

12. Record Keeping;

a. By the close of each calendar day, the Respondent shall record the actual

fuel type and the actual quantity of each type offuel in units of volume per

day or MMbtu per day for each fuel used by the emission units described in

Table I; the hours of operation for the emission units described in Table 2

ofthis Trading Agreement and order on the preceding day;

b. On or before the first day of each calendar month, the Respondent shall

record the number ofDERCs and corresponding serial numbers and

vintages for all DERCs in its possession on the first calendar day ofthat

calendar month,

c. On or before the first day of each calendar month, the Respondent shall

record the number ofAllowances and corresponding identification numbers

and vintages for all Allowances in its possession on the first calendar day of

that calendar month,

d. On or before the first day of each calendar month, the Respondent shall

record the number ofDERCs and corresponding serial numbers, vintages,
Dominion Nuclear Connecticut. Inc. 8 Trading Agreement and Order No. 8288

purchase/sales dates, and seller/buyer for all DERCs purchased or sold

during the preceding calendar month,

e. On or before the first day of each calendar month, the Respondent shall

record the number ofAllowances and corresponding identification

numbers, purchase/sales dates, allocation years, and seller/buyer for all

Allowances purchased or sold during the preceding calendar month,

f. On or before the first day of each calendar month, the Respondent shall

record the Estimated DERCs/Allowances Required for that calendar month

determined in accordance with Paragraph 8.8 ofthis Trading Agreement

and Order.

g. On or before the twentieth calendar day of each calendar month, the

Respondent shall record the Actual DERCs/Allowances Required for the

preceding calendar month determined in accordance with Paragraph 8.8 of

this Trading Agreement and Order;

h. On or before January 31 of each calendar year, the Respondent shall record

the quantity of DERCs deducted in accordance with Paragraphs 8.9 and

8.10 ofthis Trading Agreement and Order. Such records shall include the

serial number and vintage of each DERC deducted from the Respondents

current balance pursuant to Paragraphs 8.9 and 8.10 ofthis Trading

Agreement and Order.

I. On or before January 31 of each calendar year, the Respondent shall record

the quantity ofAllowances transferred in accordance with Paragraphs 8.9

and 8.10 ofthis Trading Agreement and Order. Such records shall include

the identification number and allocation year of each Allowance transferred

pursuant to Paragraphs 8.9 and 8.10 ofthis Trading Agreement and Order.

J. For each month ofthe Ozone season, the Respondent shall maintain records

attesting to the fact that any DERCs deducted from its balance in

accordance with Paragraphs 8.9 and 8.10 were created during an Ozone

season. Generator certification ofthis fact shall be sufficient.

k. On each day during the ozone season that the Respondent operates in

accordance with Paragraph 8.7 ofthis Trading Agreement and Order, the

Respondent shall make and keep Records of all emission unit operation in

accordance with Paragraph 8.7 ofthis Trading Agreement and Order,

including copies of any written correspondence from the Respondent's fuel

supplier detailing the duration and circumstances ofthe inadequate fuel oil

supply or interruption ofgaseous fuel supply to the emission units.

13. Respondent shall retain records and supporting documentation required by this Trading

Agreement and Order for a minimum offive years, commencing on the date such records

were created. Respondent shall provide the records specified above to the Commissioner

within thirty (30) days ofreceipt of a written request from the Commissioner. All records

shall be maintained in accordance with Sections 22a-174-4 and 22a-174-22 ofthe

Regulations.

14. Reporting: No later than March 1 of every year after issuance ofthis Trading Agreement and

Order, the Respondent shall submit to the Commissioner a written report containing copies of
,---------------------------------------

Dominion Nuclear Connecticut, Inc. 9 Trading Agreement and Order No. 8288

all ofthe records required pursuant to Paragraph 8.9 ofthis Trading Agreement and Order.

The Commissioner may prescribe the forms to be used for the submission ofthese reports.

The Respondent shall submit these reports on such forms, if prescribed by the Commissioner.

IS. FLER Violation. Violation of an established FLER shall subject Respondent to make

restitution by matching the quantity of emissions ("true up") caused by the exceedance plus a

100% premium. The true up in tons ofDERCs or Allowances shall be equal to the FLER

exceedance in Ibs/MMBtu, multiplied by the total heat input during the period of

noncompliance divided by 2000 Ibs/ton. Ifthe period of noncompliance is not known, the

time period from the completion ofthe last/previous Department witnessed emission test

through the date that FLER compliance is achieved as approved by the Commissioner shall

be used. Notwithstanding this requirement, exceedance of any FLER contained in Tables I

& 2 is a violation in Paragraph 8.8 ofthis Trading Agreement and Order subject to

enforcement action in accordance with the Department ofEnvironmental Protection's

Enforcement Response Policy, in effect at the time ofsuch violation.

16. FLER Modification. FLERs set forth in Tables I & 2 ofthis Trading Agreement and Order

may be modified only after the consent ofthe Commissioner by written modification ofthis

Trading Agreement and Order.

17. Emissions Testing. The Respondent shall perform emissions testing in accordance with

Section 22a-174-22(k) ofthe Regulations for each emission unit described in Tables 1&2 of

this Trading Agreement and Order that is not equipped with a continuous emissions

monitoring system that was approved by the Commissioner and that complies with Section

22a-174-4 ofthe Regulations and either 40 CFR 60, Appendix B&F or 40 CFR 75.

18. Full compliance. Respondent 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.

19. Approvals. Respondent shall use best efforts to submit to the Commissioner all documents

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

Commissioner notifies Respondent that any document or other action is deficient, and does

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

shall correct the deficiencies and resubmit it within the time specified by the Commissioner

or, ifno time is specified by the Commissioner, within 30 days ofthe 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

performed or with such conditions or modifications as the Commissioner deems necessary to

carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall

excuse noncompliance or delay.

20. Definitions. As used in this Trading Agreement and Order "Commissioner" means the

Commissioner or a representative ofthe Commissioner; The date of "issuance" ofthis

Trading Agreement and Order is the date the Trading Agreement and Order is deposited in

the U.S. mail or personally delivered, whichever is earlier.

21. Dates. The date ofsubmission 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
Dominion Nuclear Connecticut. Inc. 10 Trading Agreement and Order No. 8288

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.

22. 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 the Respondent or, ifRespondent is not an individual, by an individual,

employed by the Respondent, who satisfies the criteria set forth in Section 22a-174-2a(a)(I)

ofthe Regulations ofConnecticut State Agencies and by the individual(s) responsible for

actually preparing such document. Each individual who signs documents in accordance with

this Paragraph shall certify in writing as follows:

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

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

including my inquiry ofthose individuals responsible for obtaining the information, that

the submitted information is true, accurate and complete to the best ofmy knowledge and

belief. I understand that any false statement made in the submitted information may be

punishable as a criminal offense under Section 53a-157b ofthe Connecticut General

Statutes and any other applicable law."

23. Noncompliance. This Trading Agreement and Order is a final order ofthe 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

Respondent to an injunction and penalties.

24. False statements. Any false statement in any information submitted pursuant to this Trading

Agreement and Order may be punishable as a criminal offense under Section 53a-157b ofthe

Connecticut General Statutes and any other applicable law.

25. Notice oftransfer: liability ofRespondent. Until Respondent has fully complied with this

Trading Agreement and Order, Respondent shall notify the Commissioner in writing no later

than 15 days after transferring all or any portion ofthe facility, the operations, the site or the

business which is the subject ofthis Trading Agreement and Order or after obtaining a new

mailing or location address. Respondent's obligations under this Trading Agreement and

Order shall not be affected by the passage oftitle to any property to any other person or

municipality.

26. 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 oflaw, prevent or abate pollution, recover costs and natural resource

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

the Commissioner determines that the actions taken by Respondent 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
Dominion Nuclear Connecticut. Inc. 11 Trading Agreement and Order No. 8288

Commissioner may institute any proceeding to require Respondent to undertake further

investigation or further action to prevent or abate violations or pollution.

27. Respondent's obligations under law. Nothing in this Trading Agreement and Order shall

relieve Respondent ofother obligations under applicable federal, state and local law.

28. No assurance by Commissioner. No provision ofthis 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 Respondent pursuant to this Trading Agreement and

Order will result in compliance or prevent or abate pollution.

29. Access to premises. Any representative ofthe Department ofEnvironmental Protection may

enter the without prior notice for the purposes of monitoring and enforcing the actions

required or allowed by this Trading Agreement and Order.

30. No effect on rights ofother 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.

31. No Creation of Property Rights. This Consent Order does not create any property rights with

respect to these DERCs or Allowances.

32. Notice to Commissioner of changes. Within 15 days ofthe date Respondent becomes aware

of a change 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, Respondent shall submit the correct or omitted information to the

Commissioner.

33. Notification ofnoncompliance. In the event that Respondent becomes aware that it did not

or may not comply, or did not or may not comply on time, with any requirement ofthis

Trading Agreement and Order or of any document required hereunder, Respondent 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 ofthe initial notice,

Respondent shall submit in writing the date, time, and duration ofthe 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 Respondent shall

comply with any dates which may be approved in writing by the Commissioner. Notification

by Respondent 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.

34. Submission ofdocuments. Any document required to be 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:
r----------------------------------------------~~---

Dominion Nuclear Connecticut, Inc. 12 Trading Agreement and Order No. 8288

Supervisor

Administrative Enforcement Group

Engineering and Enforcement Division

Bureau of Air Management

Department ofEnvironmental Protection

79 Elm Street. 5th Floor

Hartford, Connecticut 06106

(860) 424-3702

Respondent consents to the issuance ofthis 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 Respondent to the terms and conditions ofthe Trading Agreement and Order.

Dominion Nuclear Connecticut. Inc.

Signature:
Dominion Nuclear Connecticut, Inc. 13 Trading Agreement and Order No. 8288

Issued as a final consent order ofthe Commissioner ofthe Department ofEnvironmental Protection.

TOWN OF ------- MAILED CERTIFIED MAIL,

RETURN RECEIPT REQUESTED

Certified Document

OLf- - ~-.1-c 10

Date