# - STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

State ofConnecticut and Dominion Nuclear Connecticut, Inc. ) ) ) ) 

### Trading Agreement and OrderNo. 8288 WHEREAS, the Commissioner ofEnvironmental 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 ofcompliance 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 OrderNos. 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 ofNitrogen 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 ofConnecticut 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. Suchunit is equivalent to 1 ton of (Printed on Recycled Paper) 79 Elm Street • Hartford. CT 06106-5127 www.ct.gov/dep An Equal Opportunity EmployerDominion Nuclear Connecticut, Inc. 2 Trading Agreement and OrderNo. 8288 NOx emissions and may be used for emissions trading in accordance with Section 22a-174-220) ofthe Regulations, subject to the provisions ofPart B of this Trading Agreement and Order. d. Non-Attainment Area: means the geographic area which has been designated as nonattainmentpursuantto 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 Orderthat 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 ofeach calendaryear or such period as defined bythe U.S. Environmental Protection Agency, subsequentto 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 ofLast Date of reg. or Input Test StackTest Next permit no. Rate StackTest BoilerNo.1 No. 69.6 0.26 0.29 0.25 8/13/2009 8/14/2014 B&WFMIO-79 4 oil Permit#199-0007 BoilerNo. 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 ofLast Date ofNext reg. or permit (bhp) Test StackTest StackTest no. Rate Electromotive diesel 3400 11.97 14.3 8 9/17/2008 9/18/2013 Emer. Engine Permit#199-0010Dominion Nuclear Connecticut. Inc. 3 Trading Agreement and OrderNo. 8288 Table 2 Dominion Engines

- NOx Emission Rates, FLERs and Allowable Limits (gm/bbp-hr) Cummins VTl710 

# I diesel 

# 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. Pursuantto 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 ofemissions 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 ofcalculating 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 ofemissions 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 ofexpiration 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 ofany provision ofthis Trading Agreement and Order; or d. The date specified in any written notice from the Commissioner, notifying the Respondent that the Commissionerhas determined the use ofemissions trading as a compliance option has been further restricted, modified or nullified by: (i) the promulgation ofan Act, Statute, or Regulations; or (ii) the issuance ofajudgment orcourt order.Dominion Nuclear Connecticut. Inc. 4 Trading Agreement and OrderNo. 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 ofan emission unit that is not a CAIR NOx Ozone Season unit, as defined in Section 22a-174-22c ofthe Regulations. 3. Priorto using Allowances in accordance with Paragraph 8.8 ofthis Trading Agreement and Orderthe Respondent shall obtain a General Account or Compliance Account in the CAIR NATS. 4. Vintage Restriction. Forthe purposes ofcompliance 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 olderthan five (5) calendaryears 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 Orderto exceed the corresponding FLERs. Compliance with the corresponding FLERs specified in Tables I & 2 shall be determined based on the results ofemissions testing performed in accordance with Section 22a-174-22 ofthe Regulations orNOx emissions monitored and recorded by a continuous emissions monitoring system that was approved by the Commissionerand that complies with Section 22a-174-4 ofthe Regulations and either40 CFR 60, Appendices B&F or40CFR 75. 6. Ozone Season Fuel Use Restriction: Notwithstanding the provisions ofParagraph 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, orapplicable 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 ofNOx, ifeither:

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 ofgaseous fuels to the emission units is interrupted due to inadequate supply orin accordance with an interruptible supply agreementbetween the Respondent and the gaseous fuel supplier. 8. DERC/ Allowance Use. On the first day ofeach calendarmonth, the Respondent shall possess a quantity ofDERCs and/orAllowances that equals or exceeds the quantity ofActualDominion Nuclear Connecticut. Inc. 5 Trading Agreement and OrderNo. 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 ofeach month, Respondent shall estimate DERCs and/or Allowances required for such calendarmonth 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 ofoperation 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 laterthan the twentieth day ofeach month, Respondent shall calculate actual DERCs and/or Allowances used in the preceding calendarmonth 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 ofoperation x ((FLER)

- (0.95 x AEL»} + 9.08 x 105 grams/ton

c. At the end ofeach calendaryear, 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 orless than the amount ofAllowances allocated to the Sellerby the State ofConnecticut minus the Allowances purchased by the Respondent.11. Maintenance and Tune-up. At least once before the expirationthis Trading Agreement and Order, the Respondent shall perform maintenance and inspection ofeach emission unit listed in Tables I and 2 as follows:

ii. Inspect the systemcontrolling the air-to-fuel ratio, and ensure that itis calibrated and functioning in accordance with the manufacturer's specifications orcurrent good engineeringpractice; Such additional DERC deduction orAllowance transfer shall be performed at the same time as the DERC deduction orAllowance transfer specified in Paragraph B.9 ofthis Trading Agreement and Order. Trading Agreement and OrderNo. 8288 6

a. ForTable 1- Boilers 1. Inspectthe combustion system, and clean orreplace any components ofthe combustion system as necessary, in accordance with manufacturer's specification orcurrent good engineering practice; Notwithstanding the provisions ofParagraph B.IO ofthis Trading Agreement and Order, any violation ofParagraph B.8 ofthis Trading Agreement and Ordermaybe subjectto additional enforcement action as maybe deemed appropriate bythe Commissionerin accordance with the Department's enforcementresponse policy.

iii. Measure the operating parameters ofthe emission unit used to determine that the emissionunit is operating in accordance with manufacturer's specification orcurrent 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 ofDERCs from the currentbalance ofDERCs possessedby 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 orbefore January 31 ofeach calendaryear, the Respondent shall deduct a quantity of DERCS from the currentbalance ofDERCs possessedby the Respondent and/or transfer a quantity ofAllowances from the Respondent's NOx General Accountto 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 forthe preceding calendaryear, rounded up to the nearest whole ton. Dominion Nuclear Connecticut. Inc.

b. ForTable 2- Engines: Maintenance, inspection and tuning in accordance with the Respondent's periodic maintenance and testing directives, which shall be madeDominion Nuclear Connecticut. Inc. 

### 7 Trading Agreement and OrderNo. 8288 available to the Commissioner or a designee ofthe Commissionerupon 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 activityperformed 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 ofany maintenance, tune-up, and/or inspection activityperformed 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 activityperformed on the emission units described in Tables 1 & 2 in accordance with Paragraph B.lI ofthis Trading Agreement andOrder,

IV. The operating parameters ofthe emission unit used to determine whether ornot the emission unit is operating in accordance with manufacturer's specification, current good engineering practice, or facility-specific maintenance directive, priorto and after any adjustments are made during maintenance, tune-up, orinspection activityperformedin accordance with Paragraph B.II ofthis Trading Agreement and Order. 12. Record Keeping;

a. By the close ofeach calendarday, the Respondent shall record the actual fuel type and the actual quantity ofeach type offuel in units ofvolume per day orMMbtu perday for each fuel used by the emission units described in Table I; the hours ofoperation for the emissionunits described in Table 2 ofthis Trading Agreement and order on the preceding day; b. On orbefore the first day ofeach calendarmonth, the Respondent shall record the number ofDERCs and corresponding serial numbers and vintages for all DERCs in its possession on the first calendarday ofthat calendarmonth,

c. On orbefore the first day ofeach calendarmonth, the Respondent shall record the number ofAllowances and corresponding identification numbers and vintages for all Allowances in its possession on the first calendarday of that calendarmonth, d. On orbefore the first day ofeach calendarmonth, the Respondent shall record the number ofDERCs and corresponding serial numbers, vintages,Dominion Nuclear Connecticut. Inc. 8 Trading Agreement and OrderNo. 8288 purchase/sales dates, and seller/buyer for all DERCs purchased or sold during the preceding calendar month,

e. On orbefore the first day ofeach 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 orbefore the first day ofeach 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 orbefore the twentieth calendar day ofeach 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 orbefore January 31 ofeach calendar year, the Respondent shall record the quantity ofDERCs deducted in accordance with Paragraphs 8.9 and 8.10 ofthis Trading Agreement and Order. Such records shall include the serial number and vintage ofeach DERC deducted from the Respondents current balance pursuant to Paragraphs 8.9 and 8.10 ofthis Trading Agreement and Order.

I. On orbefore January 31 ofeach 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 ofeach 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 ofall emission unit operation in accordance with Paragraph 8.7 ofthis Trading Agreement and Order, including copies ofany written correspondence from the Respondent's fuel supplier detailing the duration and circumstances ofthe inadequate fuel oil supply or interruption ofgaseous fuel supplyto 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 ofa 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 ofevery 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 OrderNo. 8288 all ofthe records required pursuant to Paragraph 8.9 ofthis Trading Agreement and Order. The Commissionermay prescribe the forms to be used for the submission ofthese reports. The Respondent shall submit these reports on such forms, ifprescribedby the Commissioner. IS. FLER Violation. Violation ofan established FLER shall subject Respondent to make restitution by matching the quantity ofemissions ("true up") caused by the exceedance plus a 100% premium. The true up in tons ofDERCs orAllowances shall be equal to the FLER exceedance in Ibs/MMBtu, multiplied bythe total heat input during the period of noncompliance divided by 2000 Ibs/ton. Ifthe period ofnoncompliance is not known, the time period from the completion ofthe last/previous Departmentwitnessed emission test through the date that FLER compliance is achieved as approved by the Commissioner shall be used. Notwithstanding this requirement, exceedance ofany 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 Commissionerby 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 Orderthat 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 either40 CFR 60, Appendix B&F or40 CFR 75. 18. Full compliance. Respondent shall not be considered in full compliance with this Trading Agreement and Orderuntil all actions required by this Trading Agreement and Orderhave been completed as approved and to the Commissioner's satisfaction. 19. Approvals. Respondent shall use best efforts to submitto the Commissioner all documents required by this Trading Agreement and Order in a complete and approvable form. Ifthe Commissionernotifies Respondent that any document or other action is deficient, and does not approve it with conditions ormodifications, it is deemed disapproved, and Respondent shall correctthe deficiencies and resubmit it within the time specifiedbythe Commissioner or, ifno time is specified by the Commissioner, within 30 days ofthe Commissioner's notice ofdeficiencies. In approving any document or otheraction under this Trading Agreement and Order, the Commissionermay approve the document or other action as submitted or performed or with such conditions ormodifications as the Commissionerdeems necessaryto carry outthe purposes ofthis Trading Agreement and Order. Nothing inthis paragraph shall excuse noncompliance or delay. 20. Definitions. As used in this Trading Agreement and Order "Commissioner" means the Commissioneror a representative ofthe Commissioner; The date of"issuance" ofthis Trading Agreement and Order is the date the Trading Agreement and Orderis deposited in the U.S. mail orpersonally delivered, whichever is earlier. 21. Dates. The date ofsubmission to the Commissioner ofany document required by this Trading Agreement and Order shall be the date such document is received by the Commissioner. The date ofany notice by the Commissionerunder Trading Agreement and Order, includingbutnot limited to notice ofapproval or disapproval ofany document orDominion Nuclear Connecticut. Inc. 10 Trading Agreement and OrderNo. 8288 otheraction, 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 Ordermeans calendarday. Any document or action which is required by this Trading Agreement and Orderto be submitted orperformedby a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted orperformed by the next day which is not a Saturday, Sunday or Connecticut or federal holiday. 22. Certification ofdocuments. Any document, including butnot limited to any notice, which is required to be submitted to the Commissionerunder this Trading Agreement and Order shall be signed by the Respondent or, ifRespondent is not an individual, by an individual, employedby 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 maybe 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 Ordermay subject Respondent to an injunction and penalties. 24. False statements. Any false statement in any information submitted pursuant to this Trading Agreement and Ordermay 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 anyportion ofthe facility, the operations, the site orthe business which is the subject ofthis Trading Agreement and Order or after obtaining a new mailing orlocation address. Respondent's obligations under this Trading Agreement and Order shall notbe affected by the passage oftitle to anypropertyto any otherperson or municipality. 26. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute anyproceeding ortake any other action to prevent or abate violations oflaw, prevent or abate pollution, recover costs and natural resource damages, and to impose penalties forpast, present, orfuture violations oflaw. Ifat any time the Commissionerdetermines that the actions taken by Respondent pursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fully characterizedthe extent or degree ofanypollution, or successfully abated orpreventedpollution, theDominion Nuclear Connecticut. Inc. 11 Trading Agreement and OrderNo. 8288 Commissionermay institute any proceeding to require Respondent to undertake further investigation or further action to prevent or abate violations orpollution. 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 orinaction bythe Commissioner shall be construed to constitute an assurance by the Commissionerthat the actions taken by Respondent pursuantto this Trading Agreement and Orderwill result in compliance orprevent or abate pollution. 29. Access to premises. Any representative ofthe Department ofEnvironmental Protection may enterthe withoutpriornotice for the purposes ofmonitoring and enforcing the actions required or allowed by this Trading Agreement and Order. 30. No effect on rights ofotherpersons. This Trading Agreement and Orderneither creates nor affects any rights ofpersons ormunicipalities that are notparties to this Trading Agreement and Order. 31. No Creation ofProperty Rights. This Consent Orderdoes not create any propertyrights with respect to these DERCs orAllowances. 32. Notice to Commissioner ofchanges. Within 15 days ofthe date Respondentbecomes aware ofa change in any information submitted to the Commissionerunder this Trading Agreement and Order, orthat any such information was inaccurate ormisleading orthat any relevant information was omitted, Respondent shall submitthe correct or omitted information to the Commissioner. 33. Notification ofnoncompliance. In the eventthat Respondentbecomes aware that it did not ormay not comply, or did not ormay not comply on time, with any requirement ofthis Trading Agreement and Order or ofany document required hereunder, Respondent shall immediately notify by telephone the individual identified in the nextparagraph and shall take all reasonable steps to ensure that any noncompliance ordelay is avoided or, ifunavoidable, is minimized to the greatest extentpossible. 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 delayunless specifically so stated bythe Commissioner in writing.

34. Submission ofdocuments. Any documentrequired to be submitted to the Commissionerunder 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 OrderNo. 8288 Supervisor Administrative Enforcement Group Engineering and Enforcement Division Bureau ofAirManagement 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 enterinto this Trading Agreement and Order and to legallybind Respondent to the terms and conditions ofthe Trading Agreement and Order. Dominion Nuclear Connecticut. Inc. Signature:Dominion Nuclear Connecticut, Inc. 13 Trading Agreement and OrderNo. 8288 Issued as a final consent order ofthe Commissionerofthe Department ofEnvironmental Protection.

TOWN OF

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