Exhibit 10.10.4
Amendment No. 4
to
Power Contract
AMENDMENT, dated as of the 1st day of June, 1985, between VERMONT
YANKEE NUCLEAR POWER CORPORATION ("Vermont Yankee"), and a Vermont
corporation, and THE CONNECTICUT LIGHT AND POWER COMPANY, a Connecticut
corporation (the "Purchaser"), for itself and as successor to The Hartford
Electric Light Company ("HELC"), to the Power Contracts dated February 1,
1968, as heretofore amended on June 1, 1972 and April 15, 1983, on and
between Vermont Yankee and HELC, and April 1, 1985 (collectively the "Power
Contract").
WITNESSETH
WHEREAS, pursuant to the Power Contract, Vermont Yankee supplies to the
Purchaser and, pursuant to separate power contracts substantially identical
to the Power Contract except for the names of the parties, to the other
Sponsors of Vermont Yankee, each of whom is contemporaneously entering into
an amendment to its power contract which is identical hereto except for the
necessary changes in the names of the parties, all of the capacity and the
electric energy available from the nuclear generating unit owned by Vermont
Yankee at a site adjacent to the Connecticut River at Vernon, Vermont (such
unit being herein together with the site and all related facilities owned by
Vermont Yankee, referred to as the "Unit").
WHEREAS, in order to assure the maintenance of an appropriate level of
return on common equity, Vermont Yankee and the Purchaser have agreed to
enter into this Amendment which has been approved by the Federal Energy
Regulatory Commission.
NOW, THEREFORE, in consideration of the above and of other good and
valuable consideration, receipt of which is hereby acknowledged, the parties
hereto agree that the Power Contract is hereby amended as follows:
1. Terms used herein and not defined shall have the meanings set
forth in the Power Contract.
2. The fourth paragraph of Section 7 of the Power Contract is amended
to read as follows:
"Equity percentage" as of any date shall be eight and one-half percent
(8-1.2%) or such greater percentage, if any, as shall be obtained by
dividing (a) the sum of (i) fifteen percent (15.0%) multiplied by
common stock equity investment as of such date plus (ii) the stated
dividend rate per annum of each issue of preferred stock bearing a
particular dividend rate outstanding on such date multiplied by the
aggregate par value of said issue, by (b) equity investment as of such
date.
This Amendment shall become effective as of June 1, 1985 as authorized
by the Federal Energy Regulatory Commission.
This Amendment 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 both parties to all of the counterparts had signed the
same instrument. Any signature page of this Amendment may be detached from
any counterpart without impairing the legal effect of any signatures thereon,
and may be attached to another counterpart of this contract identical in form
hereto but having attached to it one or more signature pages.
IN WITNESS WHEREOF, the parties have executed this Amendment by their
respective officers hereto duly authorized, as of the date first above
written.
VERMONT YANKEE NUCLEAR POWER CORPORATION
By /s/ X. X. Xxxxxxx
Its President and Chief Executive Officer
Title
Address: Xxx 000, Xxxxx Xxxx
Xxxxxxxxxxx, XX 00000
THE CONNECTICUT LIGHT AND POWER COMPANY
By /s/ Xxxxxx X. Fee
Its Executive Vice President
Title
Address: 000 Xxxxxx Xxxxxx
Xxxxxx, XX 00000
