Exhibit 3

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 Commissioner of Environmental 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 of M?LLC, the

Commissioner finds the following:

1. MPLLC is an exempt wholesale electric generating

company with its principal place of business in

Sewickley, Pennsylvania. On December 15, 1999 MPLLC

purchased from The Connecticut Light and.Power Company

~,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-fired boiler ("boiler"'). The boiler has

the dual capacity to operate on fuel oi·l (No. 6 or No.

2). No.2 fuel oil is used primarily 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 of the

boiler's burner, combustion controls and operating

conditions, and based on Department of E~7ironmental

Da':e:

{ Prinl~ri (In Recycled Paper)

79 F.lm Srr~el • H:mford. CT 06106 _ ;'i[27

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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 of heat 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. When properly documented by 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?ble protocol, pro~iding tne rate

and total mass amount of reduction.

SurplUS because they are ~ot required by any

COill,ecticut statute or regulation mandated by a

current State Implementation Plan ("SIP"), and are not

currently relied upon in any applicable attai~~ent

plan, any reasonable further progress plan or

milestone demonstration.

Perm~lent because the advanced control system is in

place and operating, and ~n appropriate tracking

system is in place to monitor all data 'required to

verify a~d quantify the creation ot DE~Cs.

Enforceable because the DERCs are aooroved by 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 of non-ozone season NOx DERCs were generated

Initia1 s , j3-hC",62 c

' '"- _ 3 Date:
Montville Power LLC Trading Agreement and

Order No. 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 allow MPLLC 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 I Tons Ozone ~eason Tons I Non-ozone season

1999 I 0 I N/A 12 I CT99/8217 (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

Commissioner may 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

Order No. 8217

B.4, The COffi~issioner, in accordance with the provisions of this

Trading Agreement and Order, 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 of DERC 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 of generating DERCs from the boiler at

the facility, MPLLC shall'use 0.25 Ibs/!~tu 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 as the baseline emission ·rate for the

boiler, or the proportioned baseline emission rate

set forth in footnote 2 of paragraph C.l1. of this

Trading Agreement and Order, when simultaneously

operating on more than one fuel. MPLLC shall use

the above referenced baseline emission rate(s) when

calculating the proportioned baseline emission

rate. When calculating DERCs, MPLLC shall use the

lower of daily total CEM-calculated MM3tu value or

actual ·fuel usage data for the boiler in MM3tu/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 CEM data while

operating on No. 2 fuel oil shall be incorporated

into the proportioned baseline emission rate

whenever the boiler is operating on No. 2 fuel oil

as referenced in C.ll. of this Trading Agreement

and Order and shalT be retired by the facility and

permanently removed from all calculations on a

daily basis. An additional ten (10) percent of all

DERCs (tons) generated by the boiler shall be

retired by the facility 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 generated by M? shall

Init ials : -.BCcJK'-"' _
Montville Power LLC Trading Agreement and

Order No. 8217

aooroved in accordance with this Trading Agreement

and Order, and shall remain valid until they are

used or until 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 every year

thereafter. The boiler may generate ozone season

3DZRCs to comply with Section 22a-174-22 of the

Regulations in accordance with paragraph C.I.a. of

this Trading Agreement fu~d Order and the following

conditions and restrictions: 1) 3DZKCS shall

only be generated by the boiler from May 1 through

September 30 of a given year, 2) 3D3RCs shall only

be used by other NOx Budget Program 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 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 season may be used during

the 2001 ozone season. However, EDERCs generated

during the 2000 ozone season may' only be 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 and Order except for those requirements

pertaining solely to non-ozone season DERCs and as

other~ise may be 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 period beginning

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 approved DERCs, 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 Trading Agreement and

Order No. 8217

the following and Section 22a-174-4 of the

aegulations, until May 1, 2003:

a. 3efore the first day of each month, calculate

projected worst case DERCs required for that

calendar month as follows:

DE~Cs (tons) = {[estimated worst case NOx

emission rate in lbs/MMBtu - ((0.95) x (NOx R~CT

limit or proportioned emission rate calculated

pursuant to Section 22a-174-22(f) (2) (A) of the

~egulations in Ibs/MMatu)} x (Zstimated fuel use

in MM3tu)} + 2000 po~,ds.

o. 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 3D~RCs,

exces~ DERCs from previous months can be applied

to subsequent. months. BDERCs are subject to the

limitations 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

DSF{Cs are not in M?LLC's possession prior to the

first day of each month.

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

calculate DBRCs used in the preceding calendar

month, as follows:

(1) For the boiler on each day, determine

whether the 24-hour average NOx emission

rate* 'is less tha-T'l the baseline emission

rate or greater than the NOx ~~CT limit.

(2) ~nen the boiler nas a daily NOx emission

rate (24-hour average) exceeding the NOx

~~CT limit, calculate the amount of DE?Cs

used, as follows:

DE~Cs (tons) = {[(CZM-recorded NOx daily

average e:nission rate in lbs/MM3tu·... ) -

((0.95) x (NOx ~~CT limit or proportioned

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 rue I 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 and unweignted actual NOx emission rates (24-

hour average); and DEacs generated using the baseline

emission rate, net of the applicable uncertainty and

environmental discounts.

5. When the daily CEM-recorded NOx 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 ·allowed under 40 C?a Part

75. When the daily CEM-recorded NOx emissio~ rate is

used to calculate DERCs used by the boiler, MPLLC

shall include missing data calculated in accordance

with missing data substitution procedures 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 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 issua~ce of this Trading Agreement

and Order 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·from other facilities),

generated and/or approved for the previous 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 Com~issioner.

Should MPLLC choose to discontinue the generation of

D3~Cs, MPLLC shall ,notify the Commi5sioner in uriting

upon discontinuance.

7. In order to consider CEM-recorded NOx 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 may provide written approval of DERCs

generated by MPLLC 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.

2 This 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

proportioned baseline 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 the boiler 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 emission reduction credit and shall be

deducted from MPLLC's NOx Budget Program compliance

account upon such use. 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 or modifications,

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 Order No. 8217

by the Com~issioner or, if no time is specified by the

Commissioner, within 30 days of the Commissioner's

notice of deficiencies. In approving any document or

other action under this Trading Agreement and Order,

the Commissioner may approve che document or other

action as submitted or nerformed or with such

conditions or modificatIons 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 Trading Agreement and

Order, "Corn.rnissioner" means the COffiJ.-nissioner or a

representative of the Commissioner; "Ozone season"

means the period from May 1 through Septe~ber 30 in

any given calendar year; "NOx R.~CT" means NOx

~easQnably Available ~ontrol Technology. The date of

"issuance" of this Trading .~greement 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 Commissioner of

any document required by this Trading Agreement and

Order shall be the date such doc~-nent is received by the Cowmissioner. 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¥ 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 Trading Agreement and

Order, the word "day" as used in this Trading' Agreement and Order means calendar day. fuiy document

or action which is required by this Trading Agreement and Order to be submitted or performed by a date which

falls on a Saturday, Sunday or a Connecticut or

federal holiday shall be submitted or performed by the

next day which is not a Saturday, Sunday or

Connecticut or federal holiday.

16. Certification of documents'; 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 by MPLLC or, if

MPLLC 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 b¥ the individual(s} responsible for

actually preparln~ such document, and MPLLC or MPLLC's

chief executive orficer and each such individual shall

certify in 'wri ting 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 the best of my 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 addressed herein, and is nonanoea1able and

immediat,ely enforceable. Failure to comply with this

Trading Agreement and Order may subject MPLLC to an

injunction and penalties.

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 any other applicable law.

19. Notice of transfer; liability of MPLLC. 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 any property to any other

person or municipality_

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 or abate pollution, 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 ComrnlSS10ner deterrnlnes that the ac~~ons taKen by M?LLC pursuant to this Trading Agreement and Order

have not successfully corrected all violations, fully characterized the extent or degree of any pollution,

or successfully abated or prevented pollution, the

Commissioner may institute any proceeding to require MPLLC to undertake further investigation or further

action to prevent or abate violations. or pollution.

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 without prior 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 of persons 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 of noncornoliance. In the event that

MPLLC oecomes aware ena~ lt Q1d not or may 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 Trading Agreement and Order or in wricing by the Commissioner, be directed to:

Wendy Jacobs

Deoartment of Environmental ?rotection

Bureau of Air Management Emissions and Credit Trading Section

79 31m Street

Hartford, Connecticut 06106-5127

Initials: 15 Date:
Montville Power LLC Trading Agreement

and Order No. 8217

MPLLC consents to the issuance of this Trading Agreement and

Order without further notice. The undersigned certifies that

he/she is fully authorized to enter into this Trading Agreement

and Order and to legally bind MPLLC 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