Exhibit 10(c)
XXXX Companies
February 5, 1997
Xx. Xxxx X. Xxxxxx, Vice President
New England Power Company
00 Xxxxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000
Dear Xx. Xxxxxx:
This letter will serve as an assignment of the Tariff 5 Service
Agreement, effective as of July 1, 1996 (the "Service
Agreement"), between XXXX Energy and New England Power Company
for the Massachusetts Electric retail electric pilot programs,
confirmed by Confirmation Letter dated August 5, 1996.
XXXX Energy hereby assigns all benefits and obligations under the
Service Agreement to its subsidiary, AllEnergy Marketing Company,
L.L.C., Three University Office Park, 00 Xxxxxx Xxxx, Xxxxxxx,
Xxxxxxxxxxxxx 00000. Any notices to AllEnergy should be directed
to Xxxx X. Xxxxxxx, President, at that address.
Please confirm your acceptance of this assignment by returning an
executed copy of this letter to me.
XXXX ENERGY, INC.
s/Xxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxx
Vice President
NEW ENGLAND POWER COMPANY
s/Xxxx X. Xxxxxx
Xxxx X. Xxxxxx
Vice President
New England Power
A XXXX company
August 5, 1996
Xx. Xxxx X. Xxxxxxx
President
XXXX Energy, Inc.
00 Xxxxxxxx Xxxxx
Xxxxxxxx, XX 00000
CONFIRMATION LETTER
This letter shall confirm the agreement reached on August 5,
1996, between New England Power Company ("NEP") and XXXX Energy,
Inc. ("Buyer") regarding the sale/purchase of energy under the
following terms and conditions:
Buyer to purchase and receive; NEP to sell and deliver:
CONTRACT All-requirements service, as needed to
QUANTITY: support contracts between Buyer and its
retail customers in the Massachusetts
Electric Company Retail Pilot Program.
DELIVERY A point or points on NEP's transmission
POINT(S): system which shall be at the
interconnection(s) between NEP's system
resources and the NEP transmission
system.
CONTRACT The Energy Charge Rate for energy
PRICE: delivered during On-Peak hours (as
defined below) shall be as follows:
Jan '97 - Jan '98: $24.75 per MWh
The Energy Charge Rate for energy
delivered during Off-Peak hours (as
defined below) shall be as follows:
Jan '97 - Jan '98: $20.25 per MWh
A Reservation Charge Rate of $2.50 per
MWh shall apply to each MWh delivered
during On-Peak and Off-Peak hours;
provided, however, that the Reservation
Charge Rate will be $1.25 per MWh, during
periods when NEP is the sole supplier of
energy to Buyer, should Buyer add
CONFIDENTIAL
00 Xxxxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000-0000
Telephone: 000-000-0000
XXXX Energy, Inc.
Confirmation Letter
page 2
language in a form acceptable to NEP on
Buyer's promotional and/or billing
materials indicating that NEP is Xxxxx's
supplier of energy.
On-Peak hours shall be from 7:01 AM to
10:00 PM, Monday through Friday,
excluding holidays. All other hours shall
be considered Off-Peak hours.
Period of For all sales from Buyer to its retail
Delivery: customers, commencing with the start of
service under Massachusetts Electric
Company's Retail Pilot Program and ending
upon the termination of service under
such program.
Other: The following condition(s) precedent must
be satisfied prior to the effectiveness
of this Confirmation (i) the proposal
submitted by Xxxxx in response to the
Pilot Program RFP must be selected by the
Administrator and (ii) customers must
elect to take service from Buyer.
For purposes of calculating the Energy
and Reservation Charges, the number of
MWh's delivered during On-Peak hours
shall be determined by summing all of the
hourly loads assigned to Buyer by
Massachusetts Electric Company during On-
Peak hours.
For purposes of calculating the Energy
and Reservation Charges, the number of
MWh's delivered during Off-Peak hours
shall be determined by summing all of the
hourly loads assigned to Buyer by
Massachusetts Electric Company during
Off-Peak hours.
Buyer shall provide NEP with copies of
all of the load reports it receives from
Massachusetts Electric Company which
indicate the hourly loads assigned by
Massachusetts Electric Company to Buyer.
CONFIDENTIAL
XXXX Energy, Inc.
Confirmation Letter
page 3
Transmission from the Delivery Point(s)
to ultimate retail customers will be
provided via network transmission service
which is purchased by Massachusetts
Electric Company.
Notwithstanding anything to the contrary herein, to the
extent that the costs incurred in delivering energy under this
Agreement later change due to the use of formula rates,
governmental order, or as a result of actions otherwise beyond
the reasonable control of NEP, NEP shall bill and Buyer shall pay
any such incremental costs incurred by NEP.
This Confirmation Letter is being provided pursuant to and in
accordance with the New England Power Company FERC Electric
Tariff Original Volume No. 5 Waiver and Service Agreement to
Implement Retail Sales Under Massachusetts Electric Company's
Pilot Program filed with the Federal Energy Regulatory Commission
in Docket No. ER96-1626-000, ("Agreement") between NEP and Buyer,
and constitutes part of and is subject to all of the terms and
provisions of such Agreement. Terms used but not defined herein
shall have the meanings ascribed to them in the Agreement.
Please confirm that the terms stated herein accurately
reflect the agreement reached on August 5, 1996, between NEP and
Buyer by returning an executed copy of this letter to Xxxxx. Your
response should reflect the appropriate Party in your
organization who has the authority to enter into this
Transaction, and should be received by Xxxxx no later than August
8, 1996.
XXXX ENERGY, INC.
s/Xxxx X. Xxxxxxx
--------------------
Title: President
NEW ENGLAND POWER COMPANY
s/Xxxx X. Xxxxxx
---------------------------
Title: Vice President
Generation Marketing
CONFIDENTIAL
New England Power
A XXXX company
July 31, 1996
Xx. Xxxx X. Xxxxxxx
President
Granite State Energy, Inc.
00 Xxxxxxxx Xxxxx
Xxxxxxxx, XX 00000
CONFIRMATION LETTER
Please refer to the Confirmation Letter dated July 11, 1996,
between New England Power Company ("NEP") and Granite State
Energy, Inc. ("Buyer") regarding the sale/purchase of energy. NEP
and Xxxxx agree that the Energy Charge Rates shall be deleted in
their entirety and replaced with the following:
CONTRACT PRICE: The Energy Charge Rate for energy
delivered during On-Peak hours (as
defined below) shall be as follows:
Aug '96 - Oct '96: $26.00 per MWh
Nov '96 - May '97: $26.80 per MWh
June '97 - Oct '97: $24.55 per MWh
Nov '97 - May '98: $25.25 per MWh
The Energy Charge Rate for energy
delivered during Off-Peak hours (as
defined below) shall be as follows:
Aug '96 - Oct '96: $19.90 per MWh
Nov '96 - May '97: $21.00 per MWh
June '97 - Oct '97: $19.90 per MWh
Nov '97 - May '98: $19.55 per MWh
Please acknowledge your agreement with the above by signing
below.
GRANITE STATE ENERGY, INC. NEW ENGLAND POWER COMPANY
s/Xxxx X. Xxxxxxx s/Xxxx X. Xxxxxx
-------------------------- --------------------------
Title: President Title: Vice President
00 Xxxxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000-0000
Telephone: 000-000-0000
