Exhibit3 

# STATE OF CONNECTICUT
DEPARTMENT OF ENVIRO,1MENTAL PROTECTION

In the matter of

The State of Connecticut and

Montville Power LLC I ) I ) Trading Agreement and Order No. 8217



### wnereas, the CommissionerofEnvironmental Protection ("commissioner") and Montville Power LLC ("M?LLC") agree that it 

### is in the public interest that they work cooperatively to improve the air quality within the State of**Cop~ecticut** 

### and that the use of emission reduction trading will achieve this result in a timely and cost-effective manner:

A. At the**re~Jest** and with the agreement ofM?LLC, 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 MPLLC purchased fromThe Connecticut Light and.PowerCompany**~,d** 

### now owns one fossil fuel-fired electric generating station, Montville Station, at 

### 74 Lathrop Road, Montville, Connecticut ("facility")_

2. 

### .!I,.t the facility, NRG Montvi.lle 

### Operations Inc. operates**~ontvi11e** 

### Station Unit 6,**Cop~ecticut** 

### Registration Number 107-0020, a 410 megawatt tangentially-firedboiler ("boiler"'). Theboilerhas the dual capacity to operate on fuel oi·l (No. 6 

### orNo. 2). 

### No.2 fuel oil is 

### usedprimarily

### as an 

### ignition fuel as part of the start-up procedure. A

### continuous emissions monitor**(~CZMn),** 

### certified to 40 

### Code of Federal**Regula~ions** ("erR") 

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

### emissions from the boiler.

3. During the year 1979, prior to modifications ofthe boiler's burner, combustion controls and operating conditions, andbased on Department of**E~7ironmental**



### Da':e: {**Prinl~ri** (In Recycled Paper) 79 F.lm**Srr~el** • H:mford. CT 06106

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# ..... ..•'

...Moncville**Po~er** LLC Trading Agreement and Order No. 8217

Protection**(~Department·)** approved stack test data and AP-42 emission factor data, the average annual NOx emission rate for Montville**Stat~on** Unit 6 was 0.268 pounds per million British thermal units ("lbs/MMBtu") of heat .input when operating on No. 6 fuel oil and 0.17 Ibs/MMBtu of heat input when operating on NO.2 fuel oil. On and after May 31, 1995, the Regulations of Connecticut State Agencies ("Regulations") require that the boiler emit NOx at a rate no greater than 0.25 Ibs/MMBtu ofheat input when operating on No.6 fuel oil and**O~20** Ibs/MMBtu of heat input when operating on No.2 fuel oil.

4. In January 1994, The Connecticut Light and ?ower Company completed modifications of the boiler's burner**~id** combustion**~ontrols,** and began to test and adjust operating conditions, thereby reducing the boiler's NOx emission rate below its allowed and actual baseline emissions rate. 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 below 0.25 Ibs/MMBtu df**h~at** input when operating on No. 6 fuel 

### oil and 0.17 lbs/MMEtu of heat input when operating on No. 2 fuel oil for use as discrete emission reduction credits**(UDZRCs~).** If DERCs are created during the

ozone season, M?LLC may obtain approval for such reductions for use as Budget discrete emission reduction credits ("3DE?-Cs M ).

6. ?ursuant to Section 22a-174-22(j) of tne Regulations, MPLLC intends to acquire and generate approved**D3~Cs** until May 1, 2003 at the facility. Approved DERCs are defined for purposes of this Trading Agreement and Order as thase for which the Commissioner has provided written authorization for use in compliance with Section 22a-174-22 of the Regulations. MPLLC will acquire approved DERCs monthly on an as-needed basis,

as determined by actual NOx emissions in the event

Initials: 2 Date:

### Montville Power LLC Trading Agreement and Order No. 8217

that the 24-hour average of actual NOx emissions exceeds the NOx emission limitations of Section 22a174-22(e) of the Regulations.



### 7. Whenproperly documentedby

### MPLLC, and approved by the Commissioner, the reductions in NOx 

### emissions identified above, and as computed in accordance with the terms of 

### this Trading Agreement and Order, will conform to the requirements of Section 22a-174- 22(j)

### (3) of the Regulations. Specifically, the reductions will be:

aeal 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 replic?bleprotocol,**pro~iding** 

### tne rate and total mass amount of reduction.
SurplUS because they are**~ot** 

### requiredby any COill,ecticut statute or regulation mandatedby 

### a current State Implementation Plan ("SIP"), and are not currently reliedupon in any 

### applicable**attai~~ent** 

### plan, any reasonable furtherprogress plan or milestone demonstration.**Perm~lent** 

### because the advanced control system is in place and operating, and**~n** 

### appropriate tracking systemis inplace to monitor all data'required to verify**a~d** 

### quantify the creation

## ot**DE~Cs.**


### Enforceable because the DERCs are aoorovedby the Commissioner retrospectively after the submission by MPLLC of the seasonal or annual reports that will document their creation.

8. 

### As documented in Attachment 1, 

### attached to and incorporated

## by reference into this Trading Agreement and Order, 61.6 

### tons of**ozo~e** 

### season NOy.**aD~RCs** 

### and 49.4 

### tons ofnon-ozone season NOx DERCs were generated

Initia1s, 

# j3-hC",62
c ''"-

_ 3 

### Date:Montville Power LLC Trading Agreement and OrderNo. 8217

by the boiler between Decerober 16, 1999 and June 30, 

### 2000.

9. Ten (10). percent of these DERCs (6.2 tons ozone season, 4.9 tons non-ozone season) are retired and perm&iently removed from all calculations to assure a benefit to the environment. The total available for
use, after rounding do"wn to the nearest whole number for annual serial**assigP~ent** purposes, is 

### 99 DERCs 

### (55
tons ozone season, 44 tons non-ozone·season)

.

3. The Commissioner, in accordance with the provisions of this Trading Agreement and Order, pursuant to**Sectio~** 22a-174- 22(d)(3) of the Regulations, will allowMPLLC and approved

sources within Connecticut to use 55 tons of ozone season NOx aDERCs and 44 tons of non-ozone season NOx DERCs referenced in paragraph A.9. of this Trading Agreement and Order for purposes of compliance under Section 22a-174- 22(j) of the Regulations to achieve a portion of the nitrogen oxide emission reductions required by Section 22a174-22 of the Regulations. DERC creation serial**n~bers** assigned by the Department to these approved reductions of NOx emissions are provided in Table 1 of this Trading Agreement and Order:

T.l\3LE 1

!1?LLC DERC Serial Nu-rnbers**Ye~r** 

### ITons Ozone**~eason** Tons

### I Non-ozone season 

### 1999

### I 0 

### I N/A 

### 12 

### ICT99/8217

### (DC)NOxnoz1 12 2000

# I 55 CTOO/8217

### (BDC)NOxoz1 32**CTOO/8217(DC)NOY~ozl-32** 55

-
3.2. Ozone season**3DE~C5** may be generated and used in accordance with this Trading**Agree~ent** and Order.

3.3. Upon sufficient**doc~~entation** as prescribed below, the Commissionermay provide written approval of the generation of additional DERCs by MPLLC retrospectively. Approved DERCs and 3DERCs generated by MPLLC may be held by MPLLC or transferred to other persons in accordance with this Trading Agreement and Order.

Initials: 4 Date:

### Montville Power LLC Trading Agreement and OrderNo. 8217

B.4, The**COffi~issioner,** 

### in accordance with the provisions of this Trading Agreement andOrder, pursuant to Section 22a-174- 22{d)(3) 

### of the Regulations, hereby allows MPLLC to comply with Section 22a-174-22(d)(1) of 

### the Regulations through

use ofDERC trading.

C. With the agreement of.MPLLC, the Commissioner, acting under Sections 22a-6, 22a-171, 22a-174, 22a-176, and 22a-177 of the Connecticut General Statutes, orders M?LLC as**follo~s:**

1. 

### DERC generation.

a. ?or purposes ofgenerating DERCs from the boiler at the facility, MPLLC shall'use 0.25**Ibs/!~tu** 

### of heat inputwhen operating on No. 6 fuel oil and .0.17 Ibs/MMBtu ofheat input when operating on No. 2 fuel oil as the baseline emission·rate for the boiler, or theproportionedbaseline emission rate set forth in footnote 2 ofparagraph C.l1. of this Trading Agreement andOrder, when simultaneously operating onmore than one fuel. MPLLC shall use the above referencedbaseline emission rate(s) when calculating the proportionedbaseline emission rate. When calculating DERCs, MPLLC shall use the lower of daily total CEM-calculatedMM3tu value or actual ·fuel usage data for the boiler inMM3tu/day, when determining heat input. The ten (10) 

### percent uncertainty discount due to not having data from an official Method 7-3 

### stack test or CEMdata while operating onNo. 2 fuel oil shall be incorporated into the proportionedbaseline emission rate whenever the boiler is operating on No. 2 fuel oil

as referenced in C.ll. of this Trading Agreement and Order and shalTbe retired by 

### the facility and permanentlyremoved from all calculations on a 

### daily basis. An 

### additional ten (10) percent 

### of all DERCs (tons) generatedby the boiler shall be retired by thefacility and permanently removed from all calculations on 

### a**d~ily** 

### basis to assure 

### a benefit to the**envirolli~ent.**



### Date; Non-ozone season be created and

5 b. 

### Non-ozone Season Restrictions. NOx DERCs generatedby M? shall

Init

### ials : 

# -.BCcJK'-"'

_Montville Power LLC Trading Agreement and OrderNo. 8217

aooroved inaccordance with this Trading Agreement and Order, and shall remain validuntil they are used oruntil May 1, 2003, whichever occurs first.

c. Ozone Season Restrictions. The boiler is subject to Section 22a 174 22a 0';: the Regulations ("NOx Budget Program") in 1999 and everyyear thereafter. The boilermay generate ozone season 3DZRCs to complywith Section 22a-174-22 of the Regulations in accordance with paragraph C.I.a. of this TradingAgreement**fu~d** Order and the following conditions and restrictions: 1) 3DZKCS shall only be generatedby the boiler fromMay 1 through September 30 of a given year, 2) 3D3RCs shall only be used by otherNOx Budget Program sources located in Connecticut, 3) BDERCs shall onlybe used to offset ozone season excess emissions, and shall not beused for compliance during the nonozone season;**~nd** 4) BDERCs generated during a given year shall only be used during the following

ozone season, with the**exc~ption** of 3DERCs generated during 1999, which may be used in the 2001 ozone season. For**ex~uple,** 3DERCs generated during the 1999 ozone seasonmay be used during the 2001 ozone season. However, EDERCs generated during the 2000 ozone season may' onlybe used during the 2001 ozone season.**BDE~Cs** may be generated until May 1, 2003. 3DERCs are subject to all DERC requirements set forth in this Trading Agreement andOrder except for those requirements pertaining solely to non-ozone season DERCs and as**other~ise** maybe provided.

2. DERC Use. Approved**DE~Cs** shal2 be**acqui~ed** for compliance with the emission standards in Seccion 22a174-22 of the Regulations for the periodbeginning December 15, 1999 and.continuing until MPLLC achieves permanent compliance for the boiler with the emission standards in Section 22a-174-22(e) of the Regulations

or lliitil May 1, 2003, whichever occurs first. MPLLC shall acquire approvedDERCs, and**doclli~ent** and record the amounts of

### NOx emissions and DERCs used by serial nUITDer (if assigned) by the boiler each day, and shall maintain and provide such records in accordance with

Initials: 6 Date:

### Montville ?ower LLC TradingAgreement and OrderNo. 8217

the following and Section 22a-174-4 of the aegulations, until May 1, 2003:

a. 3efore the first day of eachmonth, calculate projectedworst case DERCs required for that calendarmonth as follows:**DE~Cs** 

### (tons) = 

### {[estimatedworst case NOx emission rate in lbs/MMBtu

- ((0.95) 

### x (NOx**R~CT** 

### limit orproportioned emission rate calculated pursuant to Section 22a-174-22(f)(2) (A) 

### of the**~egulations** 

### in Ibs/MMatu)} x 

### (Zstimated fuel use inMM3tu)} + 2000**po~,ds.**



### o. Acquire sufficient approvedDERCs no later than the first day of eachmonth to assure compliance with the emission standards in Section 22a-174-22 of the Regulations for, at a**minim~~,** 

### that calendarmonth. With the exception of**3D~RCs, exces~**  

### DERCs fromprevious months canbe applied to subsequent.months. BDERCs are subject to the limitations set forth inparagraph C.l.c. of this TradingAgreement and Order. At a minimum, DERCs required shall be 

### adjusted upwards by 

### 100% if DSF{Cs 

### are not in M?LLC's possession prior to the first day ofeachmonth.

c. 

### No later than the twentieth day of 

### eachmonth, calculateDBRCs used in the preceding calendar month, as follows:

(1) For 

### the boiler on each day, determine whether the 24-hour averageNOx emission rate* 'is less tha-T'l the baseline emission rate orgreater than the NOx**~~CT** 

### limit.

(2)**~nen** 

### the boiler nas a 

### dailyNOx emission rate (24-hour average) exceeding the 

### NOx**~~CT** 

### limit, calculate the amount of DE?Cs used, 

### as follows:**DE~Cs** 

### (tons) 

## = {[(CZM-recordedNOx daily
average e:nission rate in lbs/MM3tu·

...) - ((0.95) x 

### (NOx**~~CT** 

### limit orproportioned

Initials: 7 

### Date:Montville Power LLC Trading Agreement and Order No. 8217

emission rate calculated pursuant to Section 22a-174-22(f) (2)(A) of the Regulations in Ibs/MMBtu})] x (actual rueI use in MMBtu)} + 2000 pounds.

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

d. Maintain documentation to attest to the fact that DERCs used during the ozone season were generated during the ozone season. Generator certification of this fact shall be sufficient.

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

f. Pursuant 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 required by Section 22a-174-22 of the RegUlations.**fu~y** allowance used for compliance with Section 22a-l74-22(e)**o~** the Regulations shall be subject to all restrictions and/or requirements applicable to DERCs contained in this Trading Agreement and Order.

3. MPLLC shall maintain records for the boiler showing daily NOx mass**e~issions,** and actual NOx**emissi~n** rates (24-hour average). M?LLC shall also maintain records showing·a daily total of all**DE~Cs** generated
net of the applicable·uncertainty and environmental discounts.

4. In requesting approval of**D~RCs** 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, number

### of barrels, gallons, and cubic feet used 

### for each fuel type; daily

### MMBtu for each ruel type and

Initials: 8 Date:

### Montville Power LLC Trading Agreement and Order No. 8217

actual heat input based upon CEM-recorded data; daily weighted andunweignted actual NOx emission rates (24- 

### hour average); and DEacs generatedusing the baseline emission rate, net of the applicable uncertainty and environmental discounts.

5. 

### When the daily CEM-recordedNOx emission rate is used to calculate DERCs**~enerated** 

### by the boiler, M?LLC shall not include missing data calculated in accordance with any missing data substitution procedures, including those·allowedunder 40 

### C?a Part 75. When the daily CEM-recordedNOx**emissio~** 

### rate is used to calculate DERCs usedby the boiler, MPLLC shall include missing data calculated in accordance withmissing data substitutionprocedures under 40

## erR Part 75.



### 6. No later than Ma=ch 

### 1 of every year after issuance of this Trading Agreement and Order, MPLLC shall include with the**>~nual ~ission**  

### Statementprovided to the Commissioner, a record of each sale or other transfer, anduse of any and all of the DERCs approved within and subsequent to**issua~ce** 

### of this Trading Agreement andOrder until all such**D~RCs** 

### have been used. MPLLC shall also include actual NOy. 

### emissions from the boiler, and the amount of all DERCs used (including serial numbers (if assigned) and approved**DE~Cs** 

### generated**~,d/or** 

### purchased·fromother facilities), generated and/orapproved for the previous calendar year. These reports shall be on a formprescribed by 

### the Commissioner. This reportingmay cease ifa central registry 

### is approvedby the**Com~issioner.** 

### ShouldMPLLC choose to discontinue the generation of**D3~Cs,** 

### MPLLC shall,notify the 

### Commi5sioner in uriting upon discontinuance.

7. 

### In order to consider CEM-recordedNOx emission rates valid for DERC approval, all NOx 

### and C02/02 CEMs must**co~ply** 

### with 40 Code of Federal**~egulations** 

### ?art 75.

8. 

### M?LLC shall retain records and supporting documentation as described in this Trading Agreement and 

### Order for a 

### minimum of 

### five years,**com~encing** 

### on the date such records were created. MPLLC shall provide the records specified above to 

### the

Initials: 

### 9 Date:Montville Power LLC Trading Agreement and Order No. 8217

Commissioner within thirty (30) days 

### of receipt of a written request from the Commissioner.

9. Upon sufficient documentation, as determined by the Commissioner, that MPLLC has met the requirements 

### of paragraphs C.l., C.2., C.3, C.4., C.S., C.?, C.lO., and C.ll., 

### of this Trading Agreement and Order, the Commissioner mayprovide written approval of DERCs generated byMPLLC retrospectively, in addition to those approved in paragraph 3. 

### of this Trading**Agre~~ent** and Order. Requests for approval of all**subse~Jent** DERCs generated shall be submitted in writing to the Commissioner. Approved**DE~Cs** generated by MPLLC may be held or transferred to other persons. Such DERCs shall rerrain valid**~~til** they are used or until May 1, 2003, whichever occurs first.



### 10. Should M?LLC choose to generate additional D3RCs, reports**doclli~enting** these DERCs shall be**suh~itted** to the Commissioner on 

### an ozone season, non-ozone season (January through April 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.**~~en** 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**C~~-recorded** NOx emission rate3»)

### J + 2000 lbs/ton} x (O.90) .'

where:

1 neat input shall be calculated using the lower of CEM-recorded data or actual fuel usage data 

### in MMatu per 

### unit of fuel combusted.

2This rate shall be calculated by 1) multiplying the heat input of each fuel**co~usted** by the baseline emission rate(s) for such fuel; 2) summing those products; and 3) dividing the sum by the total heat

Initials: 10 Date:Montville Power LLC Trading Agreement and Order No. 8217

input. If the boiler is operating exclusively on one fuel, MPLLC may replace the proportioned baseline emission rate with the applicable baseline emission rate, for that fuel. 

### The ten 

### (10) percent uncertainty discount due to not having data from an official Method 7-E stack test or CEM data while operating on No. 

### 2 fuel oil shall be incorporated into the proportionedbaseline emission rate whenever the boiler is operating on No.2 fuel oil.

3 

### This rate shall be calculated pursuant to the methodology described in 

### 40 Code of Federal Regulations Part 73 and weighted pursuant to the Department of**~nvironmental** Protection's policy
statement entitled "Guidance for Calculation 

### of Bmission Reduction Credits and Determination of Compliance with

### NOx**~~CT** for Sources Subject to 

### 40 CFR (Acid Rain Sources)N dated 12/18/98 which is attached
to and incorporated by reference into this Trading Agreement and O!der as part of**Attacp~ent** 1.

t**~~** additional ten (IO) percent of all D3RCs (tons) generated by theboiler shall be retired by the facility and perrrdnently removed from all calculations

on a daily basis to assure a benefit to the environment.

12. Each allowance used for compliance**w~tn** Section 

### 22a174-22 of the Regulations shall be equivalent to one discrete emissionreduction credit and shall be deducted from MPLLC's NOx Budget Program compliance
account upon suchuse. Allowances shall be considered used for compliance**wit~** Section 

### 22a-174-22 of the**ae~~lations** when they are**t~ansferre9** from the facility's**compli~,ce** account or overdraft account to

a State of Connecticut NOx allowance retirement account.

13. Approvals. MPLLC shall use best efforts to submit to the**Co~~ssioner** all documents required by this Trading Agreement and Order in a complete and aoorovable form. 

### If the Commissioner notifies M?LLC that any document or other action is deficient, and ·does not approve it with conditions ormodifications,

it is deemed disapproved. and MPLLC shall correct the deficiencies and resubmit it within the time specified

Initials: 11 Date:

### Montville Power LLC Trading Agreement and OrderNo. 8217

by the**Com~issioner** 

### or, ifno time is specifiedby the Commissioner, within 30 

### days of the Commissioner's notice of deficiencies. In approving any document or other action under this Trading Agreement andOrder, the Commissionermay approve che document or other action as submitted ornerformed orwith such conditions ormodificatIons as the Commissioner deems necessary to carry out the purnoses of this Trading Agreement and Order. Nothing In this paragraph shall
excuse**nonco~pliance** 

### or delay.

14. 

### Definitions. As used in this TradingAgreement and Order, "Corn.rnissioner" means the COffiJ.-nissioner or a representative of the Commissioner; "Ozone season"
means the period fromMay 1 

### through**Septe~ber** 30 

### in any given calendaryear; "NOx**R.~CT"** 

### means NOx**~easQnably** 

### Available**~ontrol** 

### Technology. The date of "issuance" of this Trading**.~greement** 

### and Order is the date the TradingAgreement and Order is deposited in the U.S. 

### mail orpersonally delivered, whichever is earlier.



### 15. Dates. The date of submission to the Commissioner of any document requiredby this Trading Agreement and Order shall be the date such**doc~-nent** 

### is receivedby the Cowmissioner. The date of any notice by the Commissionerunder this Trading Agreement and Order, including but not limited to notice ofapproval or disapproval of an¥**doc~rnent** 

### or other action, shall be the date such notlce is deoosited in the 

### u.s. mail or is personally delivered, whichever is earlier. Except
as otherwise specified in this TradingAgreement and Order, the word "day" as used in this Trading' Agreement and Ordermeans calendar day. fuiy document
or action which is requiredby this TradingAgreement and Order to be submitted orperformed by 

### a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted orperformedby the next day which is not 

### a Saturday, Sunday or Connecticut or federal holiday.

16. 

### Certification ofdocuments'; A:T1.Y**,d,?c~m~nt, in~luding**  

### Due noc llmlcea- ::'0 

### anv nO'CJ..ce, v,TnJ..cn l.S 

### reqtll.red to be submitted 

### to the CommIssioner under this Trading Agreement and Order shall be signed byMPLLC or, if MPLLC is not an individual, by MPLLC's chief executive officer or a duly authorizedrepresentative of 

### such officer, as those terms are,defined in §22a-430- 3(b) (2) of the Regulations of Connecticut State Agencies, and b¥ 

### the individual(s} responsible for actually**preparln~** 

### such document, andMPLLC orMPLLC's chief executive orficer and each such individual shall certify in 'writing as follo""5: "I have personally examined 

### and am familiar with the information submitted in this document and all attachments

Initials: 12 

### Date:

### Montville Power LLC Trading Agreement and Order No. 8217

thereto, and I certify, based on reasonable investigation, including my inquiry of those individuals responsible for**obtain~ng** 

### the information, that the submitted information is true, accurate and complete to thebest ofmy 

### knowledge and belief. I understand that any false statement made in the submitted information is punishable as a criminal offense under §53a-157b of the Connecticut General Statutes and any other applicable law."

17. Noncompliance. This Tradin$ Agreement and Order is a**~~na~** 

### order**o~** 

### the**Commiss~oner** 

### with respect to the matters addressedherein, and is nonanoea1able and immediat,ely enforceable. Failure to comply with this Trading Agreement and Ordermay subject MPLLC 

### to an 

### injunction andpenalties.

18. 

### :alse statements.**~~iY** 

### false**stat~~ent** 

### in an¥**~n!ormat~on sUD~itted**  

### pursuant to this Trad1ng Agreement and Order is punishable as 

### a criminal offense under §53a-157b of the Connecticut General Statutes and anyother applicable law.
19. Notice oftransfer; liability ofMPLLC. Until MPLLC
nas**~ully** 

### compI1ed**w~tn** 

### cn1S Traolng Agreement and Order, MPLLC shall notify the cowmissioner in writing
no later than 15 dars after transferring all or any portion of the faci ity, 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. M?LLC's obligations under this Trading Agreement and Order shall not be affected by the passage of title to anyproperty to any other person ormunicipality_

20. 

### Commissioner's powers. Nothing in this Trading Agreement and order snaIl affect the**CO~uissioner's** 

### authority to institute any proceeding or take any other action to prevent or abate violations of law, prevent orabatepollution, recover costs and natural
resource**d~~ages,** 

### and to Jmpose**pe~alties** 

### for past, p!esent,.or.future**viol~tions** 

### of law.**t~** 

### at anr- 

### time
cne ComrnlSS10nerdeterrnlnes that the**ac~~ons** 

### taKen by 

### M?LLC pursuant to this TradingAgreement and Order have not successfully corrected all violations, fully characterized theextent or degree of any pollution,
or successfully abated orpreventedpollution, the Commissionermay institute anyproceeding to require MPLLC to undertake further investigation or further action to preventor abate violations.orpollution.

21. MPLLC's obli ations**~~der** 

### law. Nothing in this**iraQ~ng r.greemen~**  

### and raer snaIl relieve M?LLC of other obligations under applicable federal, state and local lav..'.

Initials: 13 Date:Montville Power LLC Trading Agreement and Order No. 8217

22. No assurance by Commissioner. No provision of this**Traa~ng** Agreement and Order and no action or inaction by the**Co~~issioner** shall be construed to constitute
an assurance by the Commissioner that the actions taken by M?LLC oursuant to chis Trading Agreement and Order will result in compliance or prevent or abate pollution.

23. Access to facility.**~~y** representative of the Department or**dnv~rop~ental** ?rotection may enter the facility withoutprior notice for the purposes of monitoring and enforcing the actions required or allowed by this Trading Agreement and Order.

24. No effect on ri nts of other persons. This Trading**_~reement** an r er**ne~** ner creates nor affects any**r~ghts** ofpersons or municipalities that are not parties to this Trading Agreement and Order.

23. No Creation of Prooert Ri hts. This Trading

__greement ana r er oes noe create any property rights with respect to chese DZrtCs.
26_ Notice to Commissioner of chan es. Within 15 days of
ene ace

.._!..ll.l oecomes aware or a change in any information submitted to the Comrncissioner under this Trading Agreement and Order, or that any such information·was inaccurate or misleading or that any relevant information was omitted, MPLLC shall submit the correct or omitted information to the COIThl1issioner.

27. Notification ofnoncornoliance. In the event that MPLLC oecomes aware**ena~** lt Q1d not ormay not comply,
or did not or may not comply on time, with any**req~irement** of this Trading Agreement and Order or of any document required hereunder, MPLLC 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,**~f ~,avoidable,**  is minimized to the**~reatest** extent possible. Within five (5) days of the lnitial notice, MPLLC shall submit in writing the date, time, and duration of the noncompliance and the
reasons for the noncompliance or delay and propose, for the review and written approval of the Commissioner, dates by which comoliance will be achieved, and MPLLC shall comply-with any dates which may be approved in writing by the Commissioner. Notification by MPLLC shall not excuse noncompliance
or delay, and the Commissioner's approval of any compliance dates proposed shall not excuse noncompliance or delay**~,less** specifically so stated by the Commissioner in writing.

Initials: 14 Date:

### Montville Power LLC Trading Agreement and Order No. 8217

28. Submission of**doclli~ents.** &iy**doc~~ent** 

### required to be**5uom1~ced** 

### co Ene Comm1ssioner under this Trading Agreement and Order shall, unless otherwise specified in this TradingAgreement and Order or in wricingby 

### the Commissioner, be directed to: Wendy Jacobs DeoartmentofEnvironmental ?rotection Bureau ofAirManagement Emissions and Credit Trading Section 79 31m Street 

### Hartford, Connecticut 06106-5127

Initials: 15 Date:

### Montville Power LLC Trading Agreement and OrderNo. 8217



### MPLLC consents to the issuance ofthis 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 legally bindMPLLC to the terms and conditions of the Trading Agreement and Order.

Montville Power LLC

Signature:

Type Na..lle:

Type 

### Title:

Date:

Issued as a 

### :inal order of 

### the**~nviro~~ental ?rotectio~**  on 2002.**'~'1h'1rr** J. ocque, 

# V;'
i

### one..r...--- Jr.**~~.ILED** CZRTIFISD**~~IL,** RE'YU?N RECSI?T**~QUESTZD** 

### Certified**Doc~"ent ~o.** 



### 16