### Exhibit3



# STATE OF CONNECTICUT
DEPARTMENT OFENVIRONMENTAL PROTECTION

In thematter of

The State of Connecticut**~~d** Montville Power LLC Trading Agreement and OrderNo. 8216**~nereas,** 

### the CowmissionerofEnvironmental Protection ("Commissioner") and Montville Power LLC ("MPLLC") agree that it 

### is in the public**intere~t** 

### that they work cooperatively to improve the air quality within the State of**Co~~ecticut** 

### and that the use of**emis~ion** 

### reduction trading will achieve this result 

### in a timely and cost-effectivemanner:

A. At the request and with the agreement ofMPLLC, the 

### Commissioner finds the following:

1. MPLLC is an exempt wholesale electric generating company with its principal place ofbusiness in Sewickley, Pennsylvania. On December 15, 1999 M?LLC purchased from The**Cop~ecticut** 

### Light and PowerCompany and now**o'wn~** OTIe 

### fossil fuel-fired electric generating station, Montville Station, at 74 

### Lathrop Road 

### in Montville, Connecticut ("facility"').



### 2. At the facility,**~KG** 

### Montville Operations Inc. operates Montville StationUnit 5, 

### an 82 

### megawatt tangentiallyfired poiler on No. 6 

### fuel oil and/or natural gas, Connecticut Re'gistration'Number 107-0017, 

### ("boiler"). A

### continuous emissions**mon~tor** 

### ("CEM"), 

### certified to 40 

### Code of Federal rt€TJlations 

### ("CPR"') Part 

### 75, measures nitrogen oxide ("NOx") 

### emissions from the boiler.



### 3. During 

### the year 

### 1995, prior to modifications of the boiler's burner, cowbustion controls, operating conditions and based on CEM data certified to 40 Code 

### of Federal Regulations Part 

### 75, the average**a~~ual** NOr. 

### emission rate forMontville Station Unit 5 was 0.245 pounds permillion 3ritish thermal units 

### ("lbs/MMBtu")

Initials:
(Prinled on Recvcled**P~n""** 

### .Date:Montville Power LLC Trading Agreement and Order No. 8216

ofheat input when operating on No. 6 fuel oil and 0.211 Ibs/MMBtu of heat input when operating on natural gas. 

### On and after May 31, 1995, the**~egulations** of Connecticut State Agencies**(h~egulationsh)** require that the boiler emitNOx at a rate no greater than 0.25 lbs/MM3tu of heat input when operating on No.6 fuel oil and 0.20 1bs/MMBtu of heat input when operating on natural gas.

4. In 1995, The**Co~~ecticut** Light and ?ower Company completed modifications of the boiler's burner and combustion controls, and began to test and adjust operating conditions, thereby reducing .the boiler's NOx**e~ission** rates below its allowed**~,d** actual baseline emissions rates. Such modifications enabled MPLLC's boiler to frequently meet and operate below the emission limitation specified in Section 22a-174-22(e) of the Regulations.

5. After December 15, 1999, MPLLC may obtain approval of actual reductions in NOx emissions, generated by operating the boiler at a rate which is**bel~d** 0.25 lbs/MMBtu of heat input when operating on No. 6 fuel oil and 0.20 Ibs/MMBtu ofheat input when operating on natural gas for use as discrete emission reduction credits**(ND3~CSD).** IfDERCs are created during the

ozone season, MPLLC may obtain approval for such reductions for use as Budget discrete**e~ission** reduction credits ("BD2RCs").

6. Pursuant to Section 22a-174-22(j) of the Regulations, M?LLC intends to acquire and**gen~rate** 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**Co~~issioner** has provided written authorization for use in compliance with Section 22a-174-22 of the**~egulations.** MPLLC will acquire approved D2RCs monthly on an as-needed basis,

as determined by actual NOx emissions in the event that the 24-hour average of actual NOx emissions exceeds the NOx emission limitations of Section 22a-174-22fe) of the Regulations.

7.**~~en** properly documented by MPLLC, and approved by the

Initials: 2

### Montville Power LLC TradingAgreement and Order No. 8216



### Commissioner, the reductions in NOx emissions identified above, and as computed in accordance with the terms of this TradingAgreement and Order, will conform to the**requi~ements** 

### of Section 22a-174-22(j)(3) 

### of the Regulations. Specifically, the reductions will be:

Real because they result in a reduction of actual emissions released into the air, net of any consequential increase in actual emissions resulting from shifting demand. The emission reductions are properly measured, recorded and reported.

Quantifiable because they are based on continuous emission monitoring data as applied in an 

### appropriate reliable and replicable protocol, providing the rate' and total mass amount ofreduction.
Surplus because they are not required.by any**Co~~ecticut** 

### statute or regulation mandatedby a current State Implementation Plan ("SIP"), and are not currently reliedupon in any applicable attainment plan, any reasonable further progress plan or milestone demonstration.**?erma~ent** 

### becausethe advanced control system is in place and 

### operating, and an 

### appropriate tracking system is inplace to monitor all data 

### required**~o** 

### verify and quantify the creation ofDERCs.

Enforceable because the DERCs are approved by'the Commissionerretrospectively after the submission by M?LLC 

### of the seasonal or**a~~ual** 

### reports that will document their creation.

8. 

### As documented in**Attac~~ent** 1, 

### attached to and incorporatedby reference into this Trading Agreement and Order, 8.5 tons of ozone season NOx BDERCs and 24.1 tons ofnon-ozone seasonNOx DERCs were generatedby the boiler betweenDecember 16, 1999 

### andJune 30, 2000.

9. 

### Ten (10) 

### percent ofthese**DE~Cs** 

### (0.9 

### ton ozone season, 2.4 

### tons non-ozone season) are retired and permanently

Initials: 3 

### Date:

### Montville ?ower LLC Trading.!l...greement and Order No. 8216

removed from all calculations to assure a benefit to the**enviro~~ent.** 

### The total available for use, after rounding down to the nearest whole nuwber for annual serial assignmentpurposes, is 28 DERCs (7 ozone season, 21 non-ozone season).

B. The Commissioner, in accordance with the provisions of this TradingAgreement andOrder, pursuant to Section 22a-174- 22{d} (3) 

### of the Regulations, will allowMPLLC and approved

sources within Connecticut to use 7 tons of ozone seasonNOx 3DERCs and 21 tons ofnon-ozone season

### NOx DERCs referenced inparagraph A.9. of this Trading Agreement andOrder 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 22a-174-22 of the Regulations. DERC creation serial numbers assignedby the Department of Environmental Protection ("DepartmentW) 

### to these approved reductions ofNOx emissions are provided**~u** 

### Table 1 

### of this TradingAgreement and Order:

TJl.3LE 1



# - I 1999' 2000 Ozone season NOx 

# I N/A 

### ICTOO/8216(BDCIR BDERC serial n\unbers 17NOxozl-7 Non-ozone season NOx**ICT99/8216(DC)~** ICTOO/8216(DC)R

### DERC serial**nlli~bers** 

### 17NOxnozl 17NOxnozl-20

3.2. Ozone season**3D2~Cs** 

### may be**ge~erated** 

### andused in accordance with this TradingAgreement andOrder.

B.3. 

### Upon**suffici~nt** 

### documentation as prescribedbelow" the Commissionermay provide written approval of.the generation ofadditional DERCs byMPLLC retrospectively. Approved DERCs andBDERCs generatedby MPLLC may 

### be heldby M?LLC 

### or transferred to otherpersons in accordance with this Trading Agreement and Order.

3.4. 

### The Commissioner, 

### in accordance with the 

### provisions of this Trading Agreement and Order, pursuant to Section 22a-174- 22(d)(3) 

### of the Regulations, hereby allows M?LLC to comply with Section 22a-174-22(d)(1) of the Regulations through use ofDERC trading.

Initials: 4 

### Date:

### Montville Power LLC TradingAgreement and Order No. 8216



### C. With the agreement ofMPLLC, the**Cornmission~r,** 

### acting under Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-177 of the Connecticut General Statutes, orders M?LLC as follows:

1.**DE~C** 

### generation.

a. Forpurposes ofgenerating DERCs from the boiler at the facility, MPLLC shall use 0.25 Ibs/MMBtu ofheat input when operating on No. 5 

### fuel oil and 0.20 lbs/MM3tu ofheat input when operating on natural gas as the baseline emission rates for the boiler,

or the proportionedbaseline emission rate set forth in footnote 2ofparagraph C.l1. of this Trading Agreement andOrder, when simultaneously operating

onmore than one fuel. M?LLC shall use the above referencedbaseline emission rate(s) when calculating the proportionedbaseline emission rate.**~ien** 

### calculating DERCs, MPLLC shall use the lower of daily total CEM-calculated**~tu** 

### value or actual fuel usage data for the boiler inMMEtu/day, when determining heat input. Ten (10) percent of

### all DERCs (tons) generatedby the boiler shall be retiredby the facility and permanently removed from all calculations on a daily basis to assure a 

### benefit to the environment.

b. Non-ozone Season**~estrictions.** 

### Non-ozone season NOx DERCs generatedby MP shall be created and approved in accordance with this Trading Agreement and Order, and shall remain validuntil they are used or untilMay 1, 

### 2003, wnicnever'occurs**fi~st.**



### only 

# ffilo;; Date: 5 

### Ozone Season**~estrictions.** 

### The 

### boiler is subject to Section 22a-174-22a of the Regulations ("NOx 3udget**?rograrn~)** 

### in 1999 and every year thereafter. Theboilermaygenerate ozone season BDErtCS to comply with Section 22a-174-22 of the Regulations in accordancewithparagraph C.I.a. of this Trading Agreement andOrder and the following conditions and restrictions: 1) 

### BDERCs shall only be generatedby the boiler from May 1 

### through September 30 of a 

### given year, 2) 3DERCs shall c.



### Initials:

### Montville Power LLC TradingAgreement and Order No. 8216



### be useaDy otherNOx Budget ?rogram 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; and4) BDErtCs generated during a given year shall only be used during the following ozone season, with the exception ofBDErtCs generatedduring 1999. which may beused in the 2001 ozone season. For example, BDERCs generated during the 1999 ozone
seasonmay be used during the 2001 ozone season. However, BDERCs generatedduring the 2000 ozone
seasonmay only be used during the 2001 ozone
season. BDERCs maybe generateduntil May 1. 2003. 3DERCs are subject to all DERC requirements set forth in this Trading Agreement and Order except for those requirements pertaining solely to nonozone season DERCs and as othenlise may be provided.

2. DERC Use. ApprovedDERCs shall be acquired for compliance with the emission standards in Section 22a174-22 of the Regulations for theperiodbeginning Decewber 15, 1999 and continuinguntil MPLLC achieves permanent compliance for the boilerwith the emission standards in Section 22a-174-22{e) of the Regulations

oruntil May 1, 2003, whichever occurs first. MPLLC shall acquire approvedDERCs, and**docQ~ent** 

### andrecord the**fu~ounts** 

### ofNOx emissions and DERCs usedby serial number 

### (ifassigned) by the boiler each day, and shall maintain andprovide suchrecords in accordance with the following and Section 22a-174-4 of the**~egulations.** 

### until May 1, 2003,



### a. Before the first day ofeachmonth, calculate projectedworst case DZRCs required for that calendarmonth as follows:

DERCs (tons) {{estimatedworst case NOx emission

rate in lbs/MMBtu

- ((0.95) x (NOx RACT limit or proportioned emission rate calculatedpursuant to Section 22a-174-22(f)(2)(A) of the rtegulations in Ibs/MMBtu)] x (Estimated fuel use in MMBtu)} +



### Initials: 6 

### Date:Montville Power LLC

2000 pounds. Trading .?l...greement and Order No. 8216

b. Acquire sufficient approved DERCs no later than the first day of each month to assure compliance with the emission' standards in Section 22a-174-22 of the Regulations for, at a**minim~~,** that calendar month. With the exception of 3DEaCs,

excess DERCs fromprevious months can be applied
to subsequent months. 3DERCs are subject to the**limit~tions** set forth in paragraph C.l.c. of this Trading Agreement and Order. At a minimum, DERCs required shall be adjusted upwards by 100% if DERCs are not in MPLLC's possession prior to the first day of each month.

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

### in the preceding calendar month, as follows:

(1) For the boiler on each day, determine whether the 24-hour 

### average NOx emi3sion rate* is less than the baseline**emis~ion** rate or greater than the NOx**~?l...CT** limit.

(2) wnen the boiler has a daily NOx emission rate (24-hour average) exceeding the NOx RACT limit, calculate the amount of Dzacs used, as follows:

DERCs (tons) 

## =**([(C~~-recorded** NOx daily**ave~age** emission rate in 1bs/MMntu*)

- ((0.95) x (NOx**R~CT** limit or proportioned emissionrate calculatedpursuant to Section 22a-174-22(f)(2)(M of the Regulations in lbs/MM3tu»] x (actual fuel use in MMBtu)} + 2000 pounds.

*This rate shall be calculated pursuant to the methodology described in 40**Cr~** Part 75.

d. Maintain documentation to attest to the fact that**DE~Cs** used during the ozone season were generated

Initials: 7 Date:Montville Power LLC TradingAgreement and Order No. 8216

during the ozone season. Generator certification of this fact shall be sufficient.

e. After full**prog~am** review, and if the Commissioner deems it appropriate, the Commissioner may allow the survival**~~d** use of approved**DE~Cs** beyond April 30, 2003, subject to the limitations set forth in paragraph C.l.c. of this Trading Agreement and Order.

l:. ?ursuant to Section 22a-174-22(d) (3) of the Regulations, MPLLC may use 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.**~~y** allowance used for**compli~~ce** with Section 22a-l74-22(e) of the**~egulations** shall be subject to all restrictions and/or requirements applicable to DERCs contained in this Trading Agreement and Order.

3. M?LLC shall maintain records for the boile'r showing daily NOx mass emissions, and actual NOx emission rates (24-hour average). MPLLC shall also maintain records showing 

### a daily total of all**D3~Cs** generated net of the
ten (10) percent environmental discount.

4. In requesting approval ofDERCs generated by the boiler, MPLLC 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,**nw~er** ofbarrels, gallons, and cubic feet used for each fuel type; daily MMBtu for each fuel type and actual heat input based upon**C~~-recorded** data; daily weighted and unweighted actual NOx emission rates (24- hour average); and**D~RCs** generated using the baseline emission rate(s), or the proportioned baseline emission
rate referenced 

### in paragraph C.l. of this Trading**Agree~ent** and Order, net 

### of the ten (10) percent environmental discount,

5. When the daily CEM-recordedNOx emission rate is used

Initials: 

### 8 Date:Mont?ille ?ower LLC Trading Agreement and Order No. 8216

to calculate DERCs generated by the boiler, MPLLC shall
not include missing data calculated in accordance with any missing data substitution procedures, including those allowed under 40 CFR Part 75. When the daily CEM-recorded NOy. emission rate is used to calculate DERCs used by the boiler, M?LLC shall include missing data calculatedin accordance with missing data substitution procedures under 40 C?R ?art 75.



### 6. No later than March 1 of everv vear after issuance of this Trading Agreement and Order, M?LLC 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**~Id** Order until all such DERCs have been used. MPLLC shall also include actual NOx emissions from the boiler, and the amount of all DERCs used {including serial nuwbers (if assigned) and approved DERCs generated and/or purchased from other facilities), generated and/or approved for theprevious calendar year. These reports shall be on a form prescribed by the Commissioner. This reporting may cease if a central registry is approved by the Commissioner. Should MPLLC choose to discontinue the generation**o~** DERCs, MPLLC shall notify the Commissioner in writing upon discontinuance.

7. In order to consider CSM-recorded

### NOx emission rates valid for DZRC approval, all NOx and C02102 CEMs must comply.with 40 Code ofFederal**~egulations** Part 75.



### 8. MPLLC shall retain records and suooorting documentation

. 

## -- as described in this Trading Agreement and Order for a minimum of five years, commenc{ng on the date such records were created. MPLLC shall provide the records specified above to the Commissioner within thirty (30) days of receipt ofa written request from the Commissioner.

Date: 9 Upon sufficient doclliuentation, as determined by the**Co~~issioner** thatM?LLC has met the requirements of paragraphs C.1., C.2., C.3, C.4

., C.5., C.7
., C.10.

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

# JlI.2 9.

Initials:Montville Power LLC Trading Agreement and Order No. 8216

Commissioner mayprovide written approval of**D~RCs** generated by MPLLC retrospectively, in addition to 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 MPLLC may be held or transferred to other persons. Such DERCs shall remain valid until they are used or until May 1, 2003, whichever occurs first.

10. ShouldMPLLC choose to generate additional DERCs, reports**doclli~enting** these DERCs shall be submitted to the Commissioner on an ozone season, non-ozone season (January throughApril and/or October through. December), or**ap~ual** basis. Such reports shall be compiled on a monthly basis and shall be submitted at least on an annual basis.

11. When the boiler has daily NOx emissions below·the applicable baseline emission rate(s), or the proportioned baseline emission rate, MPLLC shall calculate the amount of DERCs 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 lbs/ton} x (O.90).'

1 Heat input shall be calculated using the lower of CEM-recorded data or actual fuel usage data in·MM3tu
per unit of fuel combusted.

2 This rate shall be calculatedby 1)rnultiplying the heat input of each fuel**co~usted** by the baseline emission rate(s} for such fuel; 2)**s~~ng** those products; and 3) dividing the sum by the total heat input. If the boiler is operating exclusively on one fuel, M?LLC**rr~y** replace the proportioned baseline emission rate with the applicable baseline emission rate, for that fuel.

) This rate shall be calculated pursuant to

Initials: 

### 10 Date:

### Montville Power LLC TradingAgreement and Order No. 3216

methodology described in 40 Code ofFederal Regulations Part 75 and weightedpursuant to the Department of Environmental Protection's"policy statement entitled**~Guidance** 

### for Calculation ofEmission Reduction Credits andDeterminationofCompliancewithNOx RACT for Sources Subjectto 40 CFa (AcidRain Sources)" dated 12/18/98 which is attached to and incorporatedby reference into this Trading Agreement and Order as part of .:a.ttachment 1.

4 

### Ten (10) percent ofall DERCs (tons) generatedby the boiler shall beretiredby 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 fromM?LLC's NOx Budget**?rogr~~** 

### compliance account upon suchuse. Allowances shall be considered used for corop.1iance with Section 22a-174-22 of the Regulations whenthey are transferred from the facility's compliance**acco~,t** 

### or overdraft account to a State ofConnecticutNOx allowance retirement account.

13. Approvals. MPLLC shall use best efforts to submit to
ene**Comm~ssioner** 

### all**doc~uents** 

### required.by this Trading**A~reement** 

### and Order in a complete and approvable form. II the Commissionernotifies MPLLC that any**doc~uent** 

### or other action 

### is·deficient, and does not approve itwith conditions ormodifications, it is**dee~ed** 

### disapproved, andMPLLC shall correct the deficiencies andresubmit itwithin the time specified by 

### the Commissioner or, if
no time is specifiedby the.Commissioner,.within 30 days of the**Co~ssioner's** 

### notice ofdeficiencies. In approving any document or other action under this Trading**Agree~ent** 

### and Order, the Commissionermay approve the**doc~ment** 

### or other action as submitted or performed or with such conditions ormodifications as the Commissioner deems necessary to carry out the purposes of this Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay.

14. Definitions

..**A~** 

### used in this**Tradin~** 

### A$reement and**Orde~,** 

### "COffimlSSloner· means the**Comm~ssloner** 

### or a representative of the**CO~uissioner;** 

### ROzone season"
means the period fromMay 1 through September 30 in any

Initials: 

## KcI."'R

__ 11 

### Date:Montville Power LLC TradingAgreement and Order No. 8216

given calendar year; "NOx RACT" means NOx Reasonably Available Control Technology. The date of**~issuance"** of this 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.

15. Dates. The date 'of submission to the Corn.'1'l.issioner of any document required by this Trading Agreement and Order spall be the date ,such document is received'by the Commissioner. The date of any notice by the Commissioner under this Trading Agreement and Order, including but not limited to notice of approval or disapproval of**an¥doclli~ent** or other action, shall be the date such not1ce is denosited in the U.S. mail or is personally delivered

J wnichever is earlier. Except

as otherNise specified in this Trading Agreement and Order, the word 'i,day" as used in this Trading .!l.greement and Ordermeans calendar day.**_~iY** document or action which is required by this Trading Agreement and Order to be submitted orperformed by a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted or performedby the next day which is not a Saturday, Sunday or Connecticut'or federal holiday.

16. Certification of documents. Any document, including but**no~ 11m1~ed**  co any not1ce, which is required to be submitted to the Commissioner under this Trading Agreement and Order shall be signedby MPLLC or, 

### if M?LLC is not an individual, by MPLLC's chief executive officer or a duly authorized representative of such officer, as those terms are defined in §22a-430-3(b)(2) of the Regulations of Connecticut State Agencies, and by the individual(s)' responsible for actually preparing such document, and MPLLC orMPLLC:s chief executive officer and each such individual shall certify in writing as follows: "1 have personally examined and am familiar with the information submitted in this document**a~d** all**attach~ents** thereto, and 1 certify, based on reasonable investigation, including**rr~** inquiry of those individuals responsible for obtaining the information, that the submitted information is true, accurate and complete to the best ofmy**~Dowledge** and belief. I understand that any false statement made in the submitted information is nunishable as a criminal offense'under §53a-l57b of the Connecticut General Statutes and any other applicable law."

17. Noncompliance. This Trading Agreement and Order is a I1naI order or the**Co~~issioner** with respect to the matters addressed herein, and is nonappealable and**i~~ediately** enforceable. ?ailure to comply with this Trading Agreement and Ordermay subject MPLLC to an

Initials: 12 Date:

### Montville Power LLC

injunction andpenalties. Trading .h.greement and Order No. 8216



### 18.



### 19.

20.

21.

22

.



### 23. 

### False statements. Any false statement in 

### any**~n!ormat~on** 

### suomittedpursuant to this Trading Agreement and Order is punishable as a 

### criminal o!!ense under §53a-157b of the Connecticut General Statutes and any other applicable**law~** 

### Notice of transfer; liability ofMPLLC. Until 

### MPLLC
nas !ul!y**CO~p!lea w~cn**  

### tnlS Traalng Agreement and Order, MPLLC shall notify the Commissioner in writing
no later than 15 days after transferring all or**a~y** 

### portion of the facility, the 

### operations, the site 

### or the business which is the subject of this Trading Agreement and Order or after obtaining a new mailing.or location address. MPLLC's obligations under this Trading Agreement and Order shall not be affectedby the passage of title 

### to any property to any 

### other person ormunicipality.**Co~ssioner's** 

### powers. Nothing in this Trading Agreement ana oreer snaIl affect the Commissioner's authority to institute any proceeding or take any other action to preventor abate violations of law, prevent
or abate oollution, recover costs and natural resource damages, and to impose penalties for past, present, or future violations of law. 

### If at any time the Commissioner determines that the actions taken byMPLLC pursuant to this Trading**Agreemen~ ~~d**  

### Order have not successfully corrected all violations, fully characterized tne extent or degree of any pollution, or successfully abated orpreventedpollution, the Commissionermayinstitute anyproceeding to require MPLLC to undertake further investigation or further action to preventor abate violations orpollution.

MPLLC's obliaations under law. Nothing in this Trading Agreement an Order snall 

### relleve MPLLC of other obligations underapplicable federal, state and local law.

No assurance by Commissioner. No provision of this**Trad~ng** 

### Agreementand oroer and no action or inaction by the Commissioner shall be construed to constitute an assurance by the Commissioner that the actions taken by 

### M?LLC pursuant tothis Trading Agreement and Orderwill result in 

### compliance orprevent or abate pollution.

Access to facility.**~~y** 

### representative of the Department o!**Envlro~rnental** 

### Protectionmay enter the facilit¥ withoutprior notice for thepurposes of**monitor~ng** 

### and enforcing the actions reauired or allowedby this Trading Agreement and aider.

Initials: 13 

### Date:Montville Power LLC TradingAgreement and Order No. 8216

24. No effect on rights of other persons. This Trading Agreement and order**ne~ther** creates nor affects any rights of_persons ormunicipalities that are not parties to this Trading Agreement and Order.

25. No Creacion of Property Rights. This Trading**A~reement** and order does not create any property rights wlth respect to these DERCs.

26. Notice to Commissioner of changes. within 15 days of the date MPLLC becomes aware OI 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 re-levant information was omitted, MPLLC shall submit the' correct or omitted information to the Commissioner.

27. Notification ofnoncoIDoliance. In the event thatM?LLC Decornes aware chac lC ald not or may not comply, or did not or may not comply on time, with any requirement of this Trading Agreement and Order or of any document required hereunder, MPLLC shall immediately notify by teleDhone the individual identified in the next paragraph and shall take all reasonable steps to ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized to tne greatest extent possible. Within five (5) days of the initial notice, M?LLC shall submit in writing the date, time, and duration of the noncomDliance and the reasons for the noncompliance or delay-and propose, for the review and written approval of the**Co~~issioner,** dates by which comoliance will be achieved, and MPLLC shall comoly with any dates which may be approved in writing

# oy the**Com~issioner.** Notification by MPLLC shall not excuse noncompliance or delay, and the**Com~issi6ner's** approval of any compliance dates proposed shall not excuse noncompliance or delay unless specifically so stated by the**COm~issioner** in writing.

.

28. Submission of documents.**?~y** document required to be SUDffilcced co the**Corrm~ss~oner** 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**EnviroTh~ental** Protection Bureau ofAirManagement Emissions and**Cred~t** Trading Section 79 Elm Street

.Hartford, Connecticut 06106-5127

Initials; 14 Date;Mohtville ?ower LLC 

### Trading Agreement and Order No. 8216

MPLLC 

### consents to the issuance of this Trading Agreement and Orderwithout further notice. The undersigned certifies that he/she is fully authorized to enter into this Trading Agreement and Order and to legallybind MPLLC 

### to the terms and 

### conditions of the 

### Trading Agreement and Order.

Montville Power LLC

Signature:

Type 

### Nazne: Type 

### Title: Date:



### Issued as a final order of

&ivironmental Protection on

TOWN OF**MO?-l~ILLE** LM"D 

### ;{LeQRnS**~~IL3D CE~TIFIED** **K~ILf ~ETU~~** **~ZC3I?T** 

### REQU3STED Certified

### Document**No~**



### 15