Exhibit 10.23.6
FORTIETH AGREEMENT AMENDING
NEW ENGLAND POWER POOL AGREEMENT
THIS FORTIETH AGREEMENT AMENDING NEW ENGLAND POWER POOL AGREEMENT,
dated as of December 15, 1998 ("Fortieth Agreement"), is entered into by
the signatory Participants to amend the New England Power Pool Agreement
(the "NEPOOL Agreement"), as amended.
WHEREAS, the NEPOOL Agreement as in effect on December 1, 1996 was
amended and restated by the Thirty-Third Agreement Amending New England
Power Pool Agreement dated as of December 1, 1996 (the "Thirty-Third
Agreement") in the form of the Restated New England Power Pool Agreement
("Restated NEPOOL Agreement") attached to the Thirty-Third Agreement as
Exhibit A thereto, and the Thirty-Third Agreement also provided for the
NEPOOL Open Access Transmission Tariff ("Tariff") which is Attachment B to
the Restated NEPOOL Agreement; and
WHEREAS, the Restated NEPOOL Agreement and the Tariff have
subsequently been amended by five supplements dated, respectively, as of
February 7, June 1, September 1, November 1 and December 31, 1997 and by
six additional amendatory agreements dated, respectively, as of September
1, 1997, November 15, 1997, July 20, 1998, August 15, 1998, October 30,
1998, and November 13, 1998.
WHEREAS, the signatories hereto desire to amend the Restated NEPOOL
Agreement, including the Tariff, as heretofore amended, to reflect the
revisions detailed below.
NOW, THEREFORE, the signatory Participants agree as follows:
SECTION 1
AMENDMENT TO RESTATED NEPOOL AGREEMENT
1.1 AMENDMENT OF SECTION 6.3. The proviso which follows the
definition of Y{1}, and the last sentence of the first paragraph
of Section 6.3 of the Restated NEPOOL Agreement are amended to
read as follows:
6.3 . . . PROVIDED, HOWEVER, that a Participant and its Related
Persons may not have aggregate Voting Shares exceeding 18%
of the aggregate Voting Shares to which all Participants are
entitled. If the aggregate Voting Shares of a Participant
and its Related Persons would be in excess of 18% if it were
not for this limitation, the remaining Voting Shares to
which such Participant and its Related Persons would
otherwise be entitled shall be allocated on a per capita
basis to those Participants which have a current Voting
Share of less than 18% and which receive a credit in the
computation of their Voting Shares under at least one of the
P, E, C, X, M or R components of the Voting Shares formula
as specified above.
1.2 AMENDMENT OF SECTION 6.4. Section 6.4 of the Restated NEPOOL
Agreement is amended to read as follows:
6.4 NUMBER OF VOTES NECESSARY FOR ACTION. Actions of the
Management Committee shall be effected only upon an
affirmative vote of members having at least 66% of the
aggregate Voting Shares to which all members are entitled;
PROVIDED, HOWEVER, that the negative votes of any six or
more members representing Participants which are not Related
Persons of each other and which have at least 20% of the
aggregate Voting Shares to which all members are entitled
shall defeat any proposed action. In determining whether
the negative vote total specified above has been reached,
the 18% limitation specified in Section 6.3 on the aggregate
Voting Shares of any Participant and its Related Persons
shall be applicable.
1.3 AMENDMENT OF SECTION 6.10. Section 6.10 of the Restated NEPOOL
Agreement is amended to read as follows:
6.10 ADOPTION OF BUDGETS. At each annual meeting, the Management
Committee shall adopt a NEPOOL budget for the ensuing
calendar year. In adopting budgets the Management Committee
shall give due consideration to the budgetary requests of
each committee. The Management Committee may modify any
NEPOOL budget from time to time after its adoption.
1.4 AMENDMENT OF SECTION 7.2. The introductory portion of the first
paragraph of Section 7.2 of the Restated NEPOOL Agreement is
amended to read as follows:
7.2 MEMBERSHIP. The Executive Committee shall be constituted as
follows: the ISO shall have the right to appoint a non-
voting member of the Committee; each Participant whose
Voting Share equals or exceeds 1% of the aggregate Voting
Shares of all Participants shall have the right to appoint a
voting member of the Committee; the remaining Participants
whose Voting Shares are less than 1% of the aggregate Voting
Shares of all Participants shall be divided into the
following five groups, with each having the right to appoint
one voting member of the Committee:
1.5 AMENDMENT OF SECTION 8.2. The introductory portion of the first
paragraph of Section 8.2 of the Restated NEPOOL Agreement is
amended to read as follows:
8.2 MEMBERSHIP. The Market Reliability Planning Committee shall
be constituted as follows: the ISO shall have the right to
appoint a non-voting member of the Committee; each
Participant whose Voting Share equals or exceeds 1% of the
aggregate Voting Shares of all Participants shall have the
right to appoint a voting member of the Committee; the
remaining Participants whose Voting Shares are less than 1%
of the aggregate Voting Shares of all Participants shall be
divided into the following five groups, with each having the
right to appoint one voting member of the Committee:
1.6 AMENDMENT OF SECTION 9.2. Section 9.2 of the Restated NEPOOL
Agreement is amended to read as follows:
9.2 MEMBERSHIP. The Regional Transmission Planning Committee
shall be constituted as follows:
(a) the ISO shall have the right to appoint a non-voting
member of the Committee;
(b) Transmission Service Provider Members: each Participant
which provides transmission service through NEPOOL
under the Tariff as a Transmission Provider (a "Service
Provider") and whose Voting Share equals or exceeds 1%
of the aggregate Voting Shares of all Participants
shall have the right to appoint a voting member of the
Committee (a "Transmission Service Provider Member")
and the remaining Service Providers aggregated together
shall have the right to appoint one voting Transmission
Service Provider Member.
(c) Non-Transmission Service Provider Members: each
Participant which is not a Service Provider and whose
Voting Shares equals or exceeds 1% of the aggregate
Voting Shares of all Participants shall have the right
to appoint a voting member of the Committee (a "Non-
Transmission Service Provider Member") and the
remaining Participants which are not Service Providers
whose Voting Shares are less than 1% of the aggregate
Voting Shares of all Participants shall be divided into
the following four groups, with each having the right
to appoint one voting Non-Transmission Service Provider
Member of the Committee:
(i) One group consisting of the remaining Participants
which are municipally-owned and cooperatively-
owned utilities;
(ii) One group consisting of the remaining Participants
which are not subject to traditional utility rate
regulation and which are engaged in the NEPOOL
Control Area principally in the business of owning
or operating generation facilities and selling the
output of such generation;
(iii)One group consisting of the remaining Participants
which are not subject to traditional utility rate
regulation and which are engaged in the NEPOOL
Control Area principally in a business other than
the business of owning or operating generation or
PTF facilities and selling the output of such
generation; and
(iv) One group consisting of the remaining Participants
which are investor-owned utilities subject to
traditional utility rate regulation or other
Entities which do not qualify to be included in
any of the other three groups.
Notwithstanding the foregoing, any such Participant may
elect to join a different group under (c) than the one to
which it would be assigned under the foregoing provisions if
this is acceptable to the members of the group it elects to
join. In the event any Participant is a Related Person of
another Participant which has the individual right to
appoint a member of the Committee on the basis of its
individual Voting Share the Participant shall be represented
in the Committee by the member appointed by the Participant
which is its Related Person and shall not be assigned to any
of the four groups.
1.7 Amendment of Section 9.4. Section 9.4 of the Restated NEPOOL
Agreement is amended to read as follows:
9.4 VOTING. Each Transmission Service Provider Member (as
defined in Section 9.2) of the Regional Transmission
Planning Committee shall have the number of votes determined
by the following formula:
X = 50 in which:
--
Y
X is the number of votes to which the member is
entitled, and
Y is the number of Transmission Service Provider
Members at the time.
Each Non-Transmission Service Provider Member (as defined in
Section 9.2) shall have the number of votes determined by
the following formula:
A = 50 in which:
--
B
A is the number of votes to which the member is
entitled, and
B is the number of Non-Transmission Service Provider
Members at the time.
A member's vote may be cast in person by the member or the
member's alternate or by another person pursuant to a
written proxy dated not more than one year previous to the
meeting and delivered to the Secretary of the Regional
Transmission Planning Committee at or prior to the meeting
at which the proxy vote is cast.
The voting member appointed by a group may divide the
member's votes on the basis specified in a notice given to
the Secretary of the Committee at or prior to the meeting at
which the vote is to be cast, to reflect the different
positions of the members of the group.
The adoption of actions by the Regional Transmission
Planning Committee shall require affirmative votes by voting
members having in the aggregate at least 60% of the number
of votes which the members in attendance at a meeting at
which a quorum is present are entitled to cast. Voting
members having a majority of the votes to which all members
are entitled at any time shall constitute a quorum.
When the number of votes on any action is greater than or
equal to 50% but less than 60% of the total votes, then the
non-voting member of the Committee that is appointed by the
ISO shall have the right to cast a vote and a positive vote
by the ISO shall cause an action to pass.
1.8 AMENDMENT OF SECTION 10.2. The introductory portion of the first
paragraph of Section 10.2 of the Restated NEPOOL Agreement is
amended to read as follows:
10.2 MEMBERSHIP. The Regional Market Operations Committee shall
be constituted as follows: the ISO shall have the right to
appoint a non-voting member of the Committee; each
Participant whose Voting Share equals or exceeds 1% of the
aggregate Voting Shares of all Participants shall have the
right to appoint a voting member of the Committee; the
remaining Participants whose Voting Shares are less than 1%
of the aggregate Voting Shares of all Participants shall be
divided into the following five groups, with each having the
right to appoint one voting member of the Regional Market
Operations Committee:
1.9 AMENDMENT OF SECTION 11.2. Section 11.2 of the Restated NEPOOL
Agreement is amended to read as follows:
11.2 MEMBERSHIP. The Regional Transmission Operations Committee
shall be constituted as follows:
(a) the ISO shall have the right to appoint a non-voting
member of the Committee;
(b) Transmission Service Provider Members: each Participant
which is a Service Provider (as defined in Section 9.2)
and whose Voting Share equals or exceeds 1% of the
aggregate Voting Shares of all Participants shall have
the right to appoint a voting member of the Committee
(a "Transmission Service Provider Member") and the
remaining Service Providers aggregated together shall
have the right to appoint one voting Transmission
Service Provider Member.
(c) Non-Transmission Service Provider Members: each
Participant which is not a Service Provider and whose
Voting Shares equals or exceeds 1% of the aggregate
Voting Shares of all Participants shall have the right
to appoint a voting member of the Committee (a "Non-
Transmission Service Provider Member") and the
remaining Participants which are not Service Providers
which own PTF whose Voting Shares are less than 1% of
the aggregate Voting Shares of all Participants shall
be divided into the following four groups, with each
having the right to appoint one voting Non-Transmission
Service Provider Member of the Committee:
(i) One group consisting of the remaining Participants
which are municipally-owned and cooperatively-
owned utilities;
(ii) One group consisting of the remaining Participants
which are not subject to traditional utility rate
regulation and which are engaged in the NEPOOL
Control Area principally in the business of owning
or operating generation facilities and selling the
output of such generation;
(iii)One group consisting of the remaining Participants
which are not subject to traditional utility rate
regulation and which are engaged in the NEPOOL
Control Area principally in a business other than
the business of owning or operating generation or
PTF facilities and selling the output of such
generation; and
(iv) One group consisting of the remaining Participants
which are investor-owned utilities subject to
traditional utility rate regulation or other
Entities which do not qualify to be included in
any of the other three groups.
Notwithstanding the foregoing, any such Participant may
elect to join a different group under (c) than the one to
which it would be assigned under the foregoing provisions if
this is acceptable to the members of the group it elects to
join. In the event any Participant is a Related Person of
another Participant which has the individual right to
appoint a member of the Committee on the basis of its
individual Voting Share the Participant shall be represented
in the Committee by the member appointed by the Participant
which is its Related Person and shall not be assigned to any
of the four groups.
1.10 AMENDMENT OF SECTION 11.4. Section 11.4 of the Restated NEPOOL
Agreement is amended to read as follows:
11.4 VOTING. Each Transmission Service Provider Member (as
defined in Section 11.2) of the Regional Transmission
Operations Committee shall have the number of votes
determined by the following formula:
X = 50 in which:
--
Y
X is the number of votes to which the member is
entitled, and
Y is the number of Transmission Service Provider
Members at the time.
Each Non-Transmission Service Provider Member (as defined in
Section 11.2) shall have the number of votes determined by
the following formula:
A = 50 in which:
--
B
A is the number of votes to which the member is
entitled, and
B is the number of Non-Transmission Service Provider
Members at the time.
A member's vote may be cast in person by the member or the
member's alternate or by another person pursuant to a
written proxy dated not more than one year previous to the
meeting and delivered to the Secretary of the Regional
Transmission Operations Committee at or prior to the meeting
at which the proxy vote is cast.
The voting member appointed by a group may divide the
member's votes on the basis specified in a notice given to
the Secretary of the Committee at or prior to the meeting at
which the vote is to be cast, to reflect the different
positions of the members of the group.
The adoption of actions by the Regional Transmission
Operations Committee shall require affirmative votes by
voting members having in the aggregate at least 60% of the
number of votes which the members in attendance at a meeting
at which a quorum is present are entitled to cast. Voting
members having a majority of the votes to which all members
are entitled at any time shall constitute a quorum.
When the number of votes on any action is greater than or
equal to 50% but less than 60% of the total votes, then the
non-voting member of the Committee that is appointed by the
ISO shall have the right to cast a vote and a positive vote
by the ISO shall cause an action to pass.
1.11 AMENDMENT OF SECTION 16.7. Section 16.7 of the Restated NEPOOL
Agreement is amended to read as follows:
16.7 CHANGES TO TARIFF. The Tariff constitutes part of the
Agreement and shall be subject to change either in
accordance with Section 21.11 or by an affirmative vote of
members of the Management Committee having at least 70% of
the aggregate Voting Shares to which all members are
entitled; PROVIDED, HOWEVER, that the negative votes of any
six or more members representing Participants which are not
Related Persons of each other and which have at least 20% of
the aggregate Voting Shares to which all members are
entitled shall defeat any proposed change. In determining
whether the negative vote total specified above has been
reached, the 18% limitation specified in Section 6.3 on the
aggregate Voting Shares of any Participant and its Related
Persons shall be applicable. Nothing in this Agreement
shall be deemed to affect in any way the ability of any
Participant or Non-Participant to apply to the Commission
under Section 205 or 206 of the Federal Power Act for a
change in any rate, charge, term, condition or
classification of service under the Tariff.
1.12 AMENDMENT OF SECTION 19.2. Paragraph 1 of Section 19.2 of the
Restated NEPOOL Agreement is amended to read as follows:
19.2 NEPOOL EXPENSES. Commencing on January 1, 1999, or such
other date as the Commission may determine, most expenses of
the System Operator are to be recovered by it directly from
Participants and Non-Participants under the ISO's Tariff for
Transmission Dispatch and Power Administration (the "ISO
Tariff") and shall cease to be NEPOOL expenses. At such
time, whether or not the Second Effective Date has occurred,
the payment of a portion of NEPEX expenses from the Savings
Fund in accordance with the Prior NEPOOL Agreement shall
terminate.
Further, commencing as of such time, the balance of NEPOOL
expenses remaining to be paid after the application of (i)
the annual fee to be paid pursuant to Section 19.1, and (ii)
any fees or other charges for services or other revenues
received by NEPOOL, or collected on its behalf by the System
Operator, shall, except as otherwise provided in Sections
19.3 and 19.4, be allocated among and paid monthly by the
Participants in accordance with their respective Voting
Shares.
1.13 NEW SECTION 19.3. Section 19 of the Restated NEPOOL Agreement is
amended by adding a new Section 19.3 as follows:
19.3 REALLOCATION OF CERTAIN ISO CHARGES. Schedule 3 of the ISO
Tariff (as defined in Section 19.2) provides for the
allocation of a portion of the ISO's expenses (the "Schedule
3 Expenses") to Participants in accordance with their Voting
Shares, as determined under the formula in Section 6.3, as
in effect prior to December 31, 1998. However, effective
commencing with the month for which the revised Voting
Shares formula provided for in Section 1.1 of the Fortieth
Agreement first becomes effective, the Schedule 3 Expenses
for the remaining months of 1999 shall be reallocated in the
monthly ▇▇▇▇▇▇▇▇ to Participants which combine charges for
ISO and NEPOOL expenses as follows. Schedule 3 Expenses
shall be allocated among Participants based on the Voting
Share formula in Section 6.3 of this Agreement as in effect
prior to December 31, 1998, but with a maximum allocation of
22% of Schedule 3 Expenses to any one Participant and its
Related Persons. If the aggregate Schedule 3 Expenses of a
Participant and its Related Persons would be in excess of
22% if it were not for this limitation, the remaining
Schedule 3 Expenses for which such Participant and its
Related Persons would otherwise be liable shall be allocated
each month on a per capita basis to those Participants which
receive a credit in the computation of their Voting Shares
for the month under at least one of the P, E, C, X, M or R
components of the Voting Share formula specified in Section
6.3. It is expected that commencing in 2000 all of the
Schedule 3 Expenses may be recovered by the ISO under the
ISO Tariff on a transaction basis.
1.14 NEW SECTION 19.4. Section 19 of the Restated NEPOOL Agreement is
amended by adding a new Section 19.4 as follows:
19.4 RESTRUCTURING COSTS. The expense of restructuring NEPOOL
("Restructuring Expense"), including but not limited to (i)
software development, hardware and system software costs for
implementation of the Tariff and the new market system, (ii)
the costs of the formation of the Independent System
Operator and related separation costs, and (iii) legal and
consultant costs related to the amendment of the NEPOOL
Agreement (including the Tariff) and the proceeding with
respect thereto at the Federal Energy Regulatory Commission,
has been funded during the restructuring period by those
Entities which have been the Participants during such
period. Commencing as the Second Effective Date, the
Restructuring Expense shall be amortized in equal monthly
amounts and repaid over the next 60 months with interest
thereon at the rate of 8% per annum from the date of
payment. Each month during the first twelve months of such
period each Participant shall pay its percentage "X", as
determined below, of 1/60th of the Restructuring Expense,
plus accumulated interest, and each Participant or other
Entity which previously paid an unreimbursed portion of the
aggregate Restructuring Expense shall be entitled to receive
each month its percentage "Y", as determined below, of the
aggregate amount to be paid for the month, including
accumulated interest. "X" and "Y" shall be determined in
accordance with the following formulas:
X = A
--- in which
A{1}
X is the percentage to be paid pursuant to this Section
for a month by a Participant of the aggregate amount
payable by all Participants for the month.
A is the amount payable by the Participant for the month
under Schedule 2 of the ISO Tariff (as defined in
Section 19.2).
A{1} is the aggregate amount payable by all Participants
for the month under Schedule 2 of the ISO Tariff.
B
---
B{1}
Y = in which
Y is the percentage to be received for a month by a
Participant or other Entity of the aggregate amount to
be received pursuant to this Section by all
Participants or other Entities for the month.
B is the amount of Restructuring Expense paid by the
Participant or other Entity with respect to the
restructuring period which has not previously been
reimbursed.
B{1} is the aggregate amount of Restructuring Expense paid
by all Participants and other Entities with respect to
the restructuring period which has not previously been
reimbursed.
The Participants agree to amend the Agreement within twelve
months after the Second Effective Date to specify how the
balance of the Restructuring Expense is to be paid.
1.15 AMENDMENT OF SECTION 20(B). Section 20(b) of the Restated NEPOOL
Agreement is amended to read as follows:
20(b)The fees and charges of the ISO (other than those recovered
under the ISO Tariff, as defined in Section 19.2, and fees
and charges for services which are separately billed), and
any indemnification payable under the ISO Agreement, shall
be shared by the Participants in accordance with Section 19.
1.16 AMENDMENT OF SECTION 21.11. The first Paragraph of Section 21.11
of the Restated NEPOOL Agreement is amended to read as follows:
21.11AMENDMENT. This Agreement, including the Tariff, and any
attachment or exhibit hereto may be amended from time to
time by an instrument signed by Participants having
aggregate Voting Shares equal to at least 70% of the Voting
Shares of all Participants; provided that an amendment shall
not become effective if six or more Participants which are
not Related Persons of each other and which have aggregate
Voting Shares at least equal to 20% of the Voting Shares of
all Participants give notice to the Secretary of the
Management Committee that they object to the amendment
within thirty days after the giving of notice to them of the
prospective effectiveness of the amendment. In determining
whether the 20% requirement has been met, the 18% limitation
specified in Section 6.3 on the aggregate Voting Shares of
any Participant and its Related Persons shall be applicable.
SECTION 2
AMENDMENT TO RESTATED NEPOOL TARIFF
2.1 AMENDMENT OF SCHEDULE 1. Schedule 1 of the Restated NEPOOL
Tariff is amended to read as shown in Attachment A to this
Fortieth Agreement.
SECTION 3
MISCELLANEOUS
3.1 Following execution by the requisite number of Participants in
accordance with the Restated NEPOOL Agreement, this Fortieth
Agreement shall become effective January 1, 1999, or on such
other date or dates as the Commission shall provide that the
amendments provided for in this Agreement shall become effective,
or as may be required in order to effect compliance with the
requirements of Section 21.11 of the Restated NEPOOL Agreement;
provided that the amendment provided by Section 1.14 shall become
effective as of the Second Effective Date or such other date or
dates as the Commission shall provide; and provided further that
the Amendment provided by Section 2.1 shall become effective as
of the date that the ISO Tariff (as defined in Section 1.12 of
this Fortieth Agreement) becomes effective or such other date or
dates as the Commission shall provide; and provided further that
such amendments shall not become effective if Participants having
the requisite number of Voting Shares give notice in accordance
with Section 21.11 of the Restated NEPOOL Agreement that they
object to the amendments.
3.2 Terms used in this Fortieth Agreement that are not defined herein
shall have the meanings ascribed to them in the Restated NEPOOL
Agreement.
3.3 This Fortieth Agreement may be executed in any number of
counterparts and each executed counterpart shall have the same
force and effect as an original instrument and as if all the
parties to all the counterparts had signed the same instrument.
Any signature page of this Fortieth Agreement may be detached
from any counterpart of this Fortieth Agreement without impairing
the legal effect of any signatures thereof, and may be attached
to another counterpart of this Fortieth Agreement identical in
form thereto but having attached to it one or more signature
pages.
IN WITNESS WHEREOF, each of the signatories has caused a counterpart
signature page for this Fortieth Agreement to be executed by its duly
authorized representative as of December 15, 1998.
COUNTERPART SIGNATURE PAGE
TO FORTIETH AGREEMENT
AMENDING NEW ENGLAND POWER
POOL AGREEMENT
IN WITNESS WHEREOF, the undersigned has caused this counterpart
signature page to the Fortieth Agreement Amending New England Power Pool
Agreement, dated as of December 15, 1998, to be executed by its duly
authorized representative as of December 15, 1998.
Boston Edison
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Senior Vice President and
General Counsel
Granite State Electric Company
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Sr. V.P. of Operations
Massachusetts Electric Company
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Sr. V.P. of Operations
The Narragansett Electric Company
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Sr. V.P. of Operations
Unitil Resources, Inc.
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇
Title: President
VERMONT ELECTRIC POWER COMPANY, INC.
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: PRESIDENT AND CEO
Fitchburg Gas and Electric Light Company
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Senior Vice President
New England Power Company
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
Title: Vice President
Central Maine Power Company
-----------------------------------------
(Participant)
/s/ By:__________________________________
Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title: Vice President-Maine Power
Acting as Agent for Central
Maine Power Co.
COMMONWEALTH ENERGY SYSTEM COMPANIES
--------------------------------------------
Cambridge Electric Light Company
Canal Electric Company
Commonwealth Electric Company
-------------------------------------------
(Participants)
/s/ By:_____________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President - Energy Supply
& Engineering Services
EASTERN UTILITIES ASSOCIATES COMPANIES
--------------------------------------------
Blackstone Valley Electric Company
Eastern Edison Company
Montaup Electric Company
Newport Electric Company
-------------------------------------------
(Participants)
/s/ By:_____________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President
NORTHEAST UTILITIES SYSTEM COMPANIES
--------------------------------------------
The Connecticut Light and Power Company
Holyoke Power and Electric Company
Holyoke Water Power Company
Public Service Company of New Hampshire
Western Massachusetts Electric Company
-------------------------------------------
(Participants)
/s/ By:_____________________________________
Name:
Title:
Sithe New England Holdings LLC
--------------------------------------------
(Participant)
/s/ By:_____________________________________
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Title: Vice President
SOUTHERN COMPANY ENERGY MARKETING L.P.
--------------------------------------------
(Participant)
/s/ By:_____________________________________
Name: ▇▇▇▇ ▇. ▇▇▇▇▇
Title: Vice President - Asset
Management
The United Illuminating Company
--------------------------------------------
(Participant)
/s/ By:_____________________________________
Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
Title: Vice President
UNITIL CORPORATION PARTICIPANT COMPANIES
--------------------------------------------
Concord Electric Company
Exeter & Hampton Electric Company
Until Power Corporation
--------------------------------------------
(Participants)
/s/ By:_____________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Senior Vice President
Unitil Power Corp.
ATTACHMENT A
NEPOOL Restated Open Access Transmission Tariff
Original Sheet No. _____
SCHEDULE 1
Scheduling, System Control and Dispatch Service
Scheduling, System Control and Dispatch Service is the service
required to schedule at the pool level the movement of power through, out
of, within, or into the NEPOOL Control Area. Local level service is
provided under the Local Network Service tariffs of the Participants which
are the individual Transmission Providers. For transmission service under
this Tariff, this Ancillary Service can be provided only by the System
Operator and the Transmission Customer must purchase this service from the
System Operator. Charges for Scheduling, System Control and Dispatch
Service are to be based on the expenses incurred by the System Operator,
and by the individual Transmission Providers in the operation of satellite
dispatch centers or otherwise, to provide these services. Effective as of
January 1, 1999, or such other date as the Commission may determine, the
expenses incurred by the System Operator in providing these services are to
be recovered under its Tariff for Transmission Dispatch and Power
Administration Services, which has been filed in Docket No. ER98-3554-000.
A surcharge for the expenses incurred by Participants in the provision of
these services will be added to the Internal Point-to-Point Service rate,
to the Through or Out Service rate and to the Regional Network Service
rate.
The expenses incurred in providing Scheduling, System Control and
Dispatch Service for each Participant will be determined by an annual
calculation based on the previous calendar year's data as shown, in the
case of Transmission Providers which are subject to the Commission's
jurisdiction, in the Participants' FERC Form 1 report for that year, and
shall be based on actual data in lieu of allocated data if specifically
identified in the Form 1 report.
This amended Schedule 1 shall be effective as of January 1, 1999, or
such other date as the Commission may determine. The surcharge shall be
redetermined annually as of June 1 in each year and shall be in effect for
the succeeding twelve months. The rate surcharge per kilowatt for each
month is one-twelfth of the amount derived by dividing the total annual
Participant expenses for providing the service by the sum of the average of
the coincident Monthly Peaks (as defined in Section 46.1) of all Local
Networks for the prior calendar year.
Each Participant or Non-Participant which is obligated to pay the rate
for Regional Network Service for a month shall pay the surcharge on the
basis of the number of kilowatts of its Monthly Network Load (as defined in
Section 46.1) for the month. Each Participant or Non-Participant which is
obligated to pay the rate for Internal Point-to-Point Service or Through or
Out Service for the applicable period shall pay the surcharge on the basis
of the highest amount of its Reserved Capacity for each transaction
scheduled as Internal Point-to-Point Service and/or Through or Out Service
for such period.
The revenues received under this Schedule 1 to cover the expenses
incurred by Participants for providing Scheduling, System Control and
Dispatch Service shall be allocated each month among the Participants whose
satellite or other costs are reflected in the computation of the surcharge
for the service in proportion to the costs for each which are reflected in
the computation of the surcharge.
