ML12013A336
| ML12013A336 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 01/12/2012 |
| From: | Langdon K Constellation Energy Group, EDF Group |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| TAC ME6783, TAC ME6788 | |
| Download: ML12013A336 (72) | |
Text
Ken Langdon P.O. Box 63 Vice President-Nine Mile Point Lycoming, New York 13093 315.349.5200 315.349.1321 Fax CENG a joint venture of Consteflation *'geDF EnergytFeD NINE MILE POINT NUCLEAR STATION January 12, 2012 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTENTION: Document Control Desk
SUBJECT:
Nine Mile Point Nuclear Station Unit Nos 1 and 2; Docket Nos. 50-220 and 50-410 License Amendment Requests Pursuant to 10 CFR 50.90: Revisions to the Technical Specifications Design Features Sections to Reflect the Transfer of a Portion of the Nine Mile Point Nuclear Station Site Real Property - Response to NRC Request for Additional Information (TAC Nos. ME6783 and ME6784)
REFERENCES:
(a) Letter from S. Belcher (NMPNS) to Document Control Desk (NRC), dated July 20, 2011, License Amendment Requests Pursuant to 10 CFR 50.90: Revisions to the Technical Specifications Design Features Sections to Reflect the Transfer of a Portion of the Nine Mile Point Nuclear Station Site Real Property (b) Letter from K. Langdon (NMPNS) to Document Control Desk (NRC), dated November 3, 2011, License Amendment Requests Pursuant to 10 CFR 50.90:
Revisions to the Technical Specifications Design Features Sections to Reflect the Transfer of a Portion of the Nine Mile Point Nuclear Station Site Real Property -
Supplemental Information (c) Letter from R. V. Guzman (NRC) to K. Langdon (NMPNS), dated December 13, 2011, Request for Additional Information Regarding Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 - Re: Revision to Technical Specifications Design Features Sections to Reflect the Transfer of Portion of Site Real Property (TAC Nos. ME6783 and ME6784)
Nine Mile Point Nuclear Station, LLC (NMPNS) hereby transmits supplemental information requested by the NRC in support of a previously submitted request for amendments to Nine Mile Point Unit 1 (NMP1)
Document Control Desk January 12, 2012 Page 2 Renewed Operating License DPR-63 and Nine Mile Point Unit 2 (NMP2) Renewed Operating License NPF-69. The initial request, dated July 20, 2011 (Reference a), as supplemented by letter dated November 3, 2011 (Reference b), proposed to revise the site descriptions contained in the Design Features sections of the NMP 1 and NMP2 Technical Specifications to reflect the transfer of a portion of the NMPNS site real property located outside the NMPNS Protected Area, but within the current NMPNS Owner Controlled Area, as well as specified easements over the remainder of the NMPNS site, to Nine Mile Point 3 Nuclear Project, LLC (NMP3), a subsidiary of UniStar Nuclear Energy, LLC. The supplemental information, provided in Attachment 1 to this letter, responds to the request for additional information (RAI) documented in the NRC's letter dated December 13, 2011 (Reference c). Attachments 2 and 3 provide copies of documents requested by Reference (c). A list of regulatory commitments contained in this submittal is provided in Attachment 4.
This supplemental information does not affect the No Significant Hazards Determination analysis provided by NMPNS in Reference (a). Pursuant to 10 CFR 50.91 (b)(1), NMPNS has provided a copy of this supplemental information to the appropriate state representative.
Should you have any questions regarding the information in this submittal, please contact John J. Dosa, Director Licensing, at (315) 349-5219.
Very truly yours,
Document Control Desk January 12, 2012 Page 3 STATE OF NEW YORK
- TO WIT:
COUNTY OF OSWEGO I, Ken Langdon, being duly sworn, state that I am Vice President-Nine Mile Point, and that I am duly authorized to execute and file this supplemental information on behalf of Nine Mile Point Nuclear Station, LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Nine Mile Point employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it to be reliable.
Subscribed and sworn before me, a Notary Public in and for the State of New York and County of L5J1eq 0 ,this 12 dayof -- ct. ,2012.
/7 WITNESS my Hand and Notarial Seal:
Notary Public My Commission Expires:
Usa Notary Public M. Doran in the State of New York Date Oswego County Reg. No. 01D06029220 My Cormission Expires 9/12/2013 KL/DEV Attachments: 1. Response to NRC Request for Additional Information Regarding the Proposed License Amendments to Reflect the Transfer of a Portion of the NMPNS Site Real Property
- 2. Joint Property Use Agreement between Niagara Mohawk Power Corporation and Power Authority of the State of New York, November 25, 1970
- 3. Consent to Assignment, September 25, 2001
- 4. List of Regulatory Commitments cc: Regional Administrator, Region I, NRC Project Manager, NRC Resident Inspector, NRC A. L. Peterson, NYSERDA
ATTACHMENT 1 RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION REGARDING THE PROPOSED LICENSE AMENDMENTS TO REFLECT THE TRANSFER OF A PORTION OF THE NMPNS SITE REAL PROPERTY Nine Mile Point Nuclear Station, LLC January 12, 2012
ATTACHMENT 1 RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION REGARDING THE PROPOSED LICENSE AMENDMENTS TO REFLECT THE TRANSFER OF A PORTION OF THE NMPNS SITE REAL PROPERTY By letter dated July 20, 2011, as supplemented by letter dated November 3, 2011, Nine Mile Point Nuclear Station, LLC (NMPNS) requested amendments to Nine Mile Point Unit 1 (NMP1) Renewed Operating License DPR-63 and Nine Mile Point Unit 2 (NMP2) Renewed Operating License NPF-69.
The proposed amendments would revise the site descriptions contained in the Design Features sections of the NMP1 and NMP2 Technical Specifications to reflect the transfer of a portion of the NMPNS site real property located outside the NMPNS Protected Area, but within the current NMPNS Owner Controlled Area, as well as specified easements over the remainder of the NMPNS site, to Nine Mile Point 3 Nuclear Project, LLC (NMP3), a subsidiary of UniStar Nuclear Energy, LLC. This attachment provides supplemental information in response to the request for additional information documented in the NRC's letter dated December 13, 2011. Each individual NRC question is repeated (in italics), followed by the NMPNS response.
RAI-1
Has the agreement referenced in the NUREG [NUREG-1047] and USAR [Section 2.1.2.1] been updated to reflect the currentownerships ofNMPNS and the James A. FitzPatrickNuclear PowerPlant?
Response RAI-1 Yes, the 1970 agreement (Attachment 2) and several other relevant documents have been updated to reflect the current ownership of the three adjacent nuclear units. The most relevant document is a December 23, 1968 Letter Agreement, which governs Exclusion Area reciprocity. This 1968 document is referenced in the November 25, 1970 Joint Property Use Agreement. Niagara Mohawk ("NiMo"), the previous principal licensee for NMP1 and NMP2, assigned its rights under the December 23, 1968 Letter Agreement and the November 25, 1970 Joint Property Use Agreement, and NMPNS assumed the obligations of NiMo under those agreements by an Assignment and Assumption Agreement dated November 7, 2001. Entergy consented to those assignments in a Consent to Assignment dated September 25, 2001 (Attachment 3).
RAI-2
Has the proposed transfer of realproperty been reviewed by the James A. FitzPatrickNuclear Power Plantas provided in NUREG- 1047?
Response RAI-2 Yes, the proposed transfer has been reviewed by Entergy. Entergy is aware of and has agreed in principle to the proposed relocation of the affected easements, subject to finalization of terms and conditions.
1 of 2
ATTACHMENT 1 RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION REGARDING THE PROPOSED LICENSE AMENDMENTS TO REFLECT THE TRANSFER OF A PORTION OF THE NMPNS SITE REAL PROPERTY
RAI-3
Will the USAR be updated to reflect this transfer of real property to NMP3, a subsidiary of UniStar NuclearEnergy, LLC?
Response RAI-3 Yes. The NMP1 Updated Final Safety Analysis Report (UFSAR) and the NMP2 Updated Safety Analysis Report (USAR) will be updated to reflect the transfer of real property to NMP3 in accordance with the requirements of 10 CFR 50.71 (e).
RAI-4
Will the formal agreement between NMPNS and NYPA be updated to reflect this transfer of real property to NMP3, a subsidiaryof UniStar NuclearEnergy, LLC?
Response RAI-4 Yes. An updated or new formal agreement between NMPNS and Entergy will be drafted and executed concurrent with completion of the land transfer.
RAI-5
Pleaseprovide a copy of the currentagreement between NMPNS and NYPA.
Response RAI-5 See Attachments 2 and 3.
2 of 2
ATTACHMENT 2 JOINT PROPERTY USE AGREEMENT BETWEEN NIAGARA MOHAWK POWER CORPORATION AND POWER AUTHORITY OF THE STATE OF NEW YORK NOVEMBER 25, 1970 Nine Mile Point Nuclear Station, LLC January 12, 2012
JOINT PROPERTY USE AGRIE-71T between NIAGARA MOHAW.K POWER CORPORATION and POWER AUTHORITY OF THE STATE OF NMW YORK-Dated: Av. 1 7 4L
THIS AGRELM T, made this day ofA 1970, by and between NIAGARA MOHAWK POWER CORPORATIrN, a corporation organized and exispting under the laws of the State of New York, having its princIpal office and place of business at 300 Erle Boulevard West in the City of Syracuse, County of Onondaga and State of New York (hereinafter referred to as "Power Company");
and POWER AUTHORITY OF THE STA1E OF NEW YORK, created pursuant to Chapter 772 of Hew York Laws of 1931 and existing under Title 3 of Article V of the Public Authorities Law, having its office and prindipl.l place of business at 10 Columbus Circle in the City of Now Yomk and State of New York (hereinafter zeferred to as "Authority W I TNE S SE T H.
WHEREAS, Authority is in the process of constructIng its James A. FitzPatrick Nuclear Power Plant at a site adjacent to -and easterl7 of the site of Power Company's Nine Mile Point Nuclear Station (hereinafter sometimes referred to as "Nine Nile Point") in the To=n of Scrlba, County of Oswego, State of New York; and WHEREAS, because of the proximity .of said sites and the economies which will result from the Joint use of certain Power Company facilitles (to be hereinafter enumerated) now exclusilvely serving the Power Company's Nine Mile Point Nuclear Station, it has been deemed mutually advantageous to agree to the joint use by the Authority of certain Power Company facilities to be used in oonnection with the construction and future operation and maintenancc
of the Authority's Pit-Patrick Plant; and WHEREAS, the partie3 by letter agreement dated December 23, 1968, mutually agreed upon the exchange of certain rights In and to the properties and facilities- of the other and the basis of payment to be made therefor; and WHEEAS, Authority has requested the Power Company to convey to it certain such permanent rights and easements vesting in Authority the right of Joint and equal use by Authority of appropriate facilities and land of Power Company; and WMEFEAS, it is to the advantage of both parties that Power Company shall grant said permanent rights and easements In and to the above described lands and facilities and that the same shall be maintained in the manner hereinafter provided.
NOW,, THEREORE, Power Company and Authority hereby agree as follows-:
- 1. The Power Company (to the extent that it may lawfully grant same) shall grant to Authority permanent rights-and easements sufficient to vest in Authority the permanent right to use Jointly with Power Company the following facilities and lands (hereinafter 6ometimes referred to as "Joint facilities") owned by the Power Company as shown and described on Exhibit "A" entitled "Joint Property Use Map of Nine Mile Point Waterline, Town of Scriba, County of Oswego, New York - Niagara Mohawk Power Corp. - Power Authority of the State of New York" and on Exhibit "B" entitled "Niagara Mohawk Power Corp. - Power Authority of the State of N.Y.,
Joint Property Use Map of Nine Mile Point R.R. Spur Track & Access
Rd., Towh of Scriba, Oswego county, N.Y. attached hereto and made a part hereof.
(a.) Power Company's Nine Mile Point Water Line extending along the public highway generally from the intersection of Lake Road and North Road to and across Power Company's site to its inter-seotion with the pipeline facility of Authority.
.(b.) Power Company's privately owned railroad spur track to its Interconneotion with Authority's spur track.
(o.) the portion of the access road extending
.from former Lake Road north to its intersection with Auth6rity, access road.
The terms and conditions of the "Operating Agreement" between Power Company and Authority dated the 9th day of March, 197C 7
and other possible future agreements between the parties hereto unless specifically so stated shall not be applicable to services performed pursuant to the terms and conditions of this agreement in connection with the construction, repair' and maintenance of the Joir facilities described herein.
- 2. (A) For such rights and easements Authority has paid to Power Company and Power Company acknowledges receipt of the following moneys representing one-half of Power Company's construct:
costs for the respective Joint facilities as described in Paragraph I above:
(a) $113,553.88-- Power Company ine Mile Point water line
I (b) $83,650.60 -- Power Company's privately-owned railroad spur track.
(0) $7,423..67 -- the portion of access road extending from former Lake Road to its intersection with Authority access road.
(B) Authority also has paid and Power Company acknowledges receipt of $10,829,60 representing one-half of Power Company's construction costs of reconstructing a portion of former County Highway Route #29 (Lakce Road-) as it extends from the westerly boundary of Power Company property to its intersection (near an easterly boundary of Authority property) with the northerly exten-
. sion of the westerly line of present County Highway Route #29.
3w In the event any right, title or interest is-obtained by any third partles in any of the facilities described in Paragraph 1 above or in any land upon which the same are located payments received therefor shall be shared equally by the parties hereto.
Authority acknowledges it is familiar with the terms and conditions of an agreement between the Power Company and the Town of Scriba dated October 8, 1964, to purchase said Nine M!ile Point water line and agrees to the terms and conditions thereof and to accept its proportionate share of the purchase price described therein pursuant to this Paragraph 3.
- 4. Power Company following the grant or grants of rights and easements as to specific land and facilities shall continue to maintain and repair the Joint facilities described in Paragraph 1 hereof and to pay all taxes and other costa in connection therewith
a# Authority will reimburse Power Company for said costs in an amount equal to fifty parcentum (50&.) thereof upon an annual basis w thirty days following receipt by the Authority of a bill and request for payment from the Power Company subject to an audit by Authority before or after payment.
Power Company shall continue to maintain and repair the e, portion of former County Highway Route #29 (Lake Road) as it Is described in Paragraph 2(B) hereof and the foregoing provisions of this Paragraph 4 with respect to payment for maintenance and repair only shall also be applicable to such portion of former County Highway Route #29 (Lake Road).
In the event that at any time Power Company does not maintain any of the facilities described in Paragraph 1 hereof and such portion of former County Highway Route #29 (Lake Road) in satisfactory conditioxn, Authority, no less than ten (10) days after written notice to Power Company of its intentions, may furnish such
. materials, inatallations and equipment and perform such work as may
- be necessary to maintain such facilities in satisfactory operating
, conditlon and Power Company will reimburse Authority for tifty
- .percentum (50%) of the costs and expenses incurred by Authority in doing so upon an annual basis within thirty (30) days following receipt by Power Company of a bill and request for payment from the X Authority subject to an audit by Power Company before or after Opa~ment.
Nothing contained in this Paragraph 4 shall relieve either party from the duty properly to inspect, maintain, and repair the L-
-Joint facil"-ties described herein.
- 5. If either of the parties hereto is the sole cause of property damage to the other party or property damage or personal injuries (including personal Injuries resulting in death) to third parties other than-employees of either party which are connected with or arise from the exercise of ownership of the joint rights desoribed herein, it shall indennify, defend and save harmless the other.party hereto from all loss, damages or injuries sustained.
All claims for damages for death of or injury to persons other than employees of the parties hereto or for damage to property not owned by a party hereto caused by the concurrent negligence or default Of the parties hereto or the cause of which death, injury or damage cannot be traced to the sole negligcnce of any party hereto, sha~l be dealt with by the parties jointly provided, however, that in any case where the claimant is willing to settle such claim upon terms aoceptable to one of the parties but not to both, the part7 to which the terms are acceptable may, at its election, pay or tender to the other party without any right to reimbursement or
. redlction therelrom, one-half (1/2) of the amount of such proposed settlement; thenceforth, the party to which such payment or tender is made shall be bound to protect. defend and save harmless the party making such payment or tender from all further costs, expenses and for damages on aocount of or resulting from such clam over and above the said one-half (1/2) of the amount paid or tendered by it. As between the parties each party shall solely bear or be responsible for all olaims, damages, costs or expenses for loss, damage or injury to its own property or employees arising from the operations
4 Cx-Under, unlcosa carUzed by th~c tDole fat.-t or noglir~ence of the
~tterp~utyIn which event rsuch part,, at fault &hall be li~abla to ndcm~ity the other' theorefor, 11 Ihl Except as hereinafter provided. the prc~v~zions of this
~ ~~h 5 hal-be applicable to the Joint use by thlates jikreto of~ zald portion of formner County UIighwa7 Rloute f29 (Lakce Road,, above descr'ibed.
The £oz'egolns provicicnz of this raragraph 5 shall not apply to any bodlly injury, VIClcne-se, disease or death or to any Property d~maZO or dost~ruction,, in any degree cauved by or attribut-a~ble to a "i.7=clar incident" an ouc i detlned In tho Atomic tnerZ7 Act of'1954 an amended.
- 66. E~ach party shall hzve acceso to tho bco~z and rcoz'dn of ttao other t~o the extent neoernrnry to carry out this e~ree=-ert includinS but not limited to aud.tn paymients and claims hereunder.
7~The partiezs hereto i=utuaxlly agree to execute the oasements and other documents necarssary properly to !=plcncnti and effectuate the ter=,s, conditions and proposale contained herei~n.
V4 ZUWlS W24
~ o' tho partles hezvto havo ca-uz*d thia 4instrument to be executed in their respective coirporate names by their duly. afthori~zed representatives,, and their renpective corporate
~jseals to be horounto attached,, and to be duly attested, all as of the
~day and year. +Orstabove written.
NIAWAPA IM PAKt01MR C,XF;iATTON Powa-,i AuTHOflIT w1 Tol STATE OF NVU Y=~1 BY':
- Y 7& .
STATE OF NEW YORK s COUNTY OF ONONDAGA 5 On this
- day of Ala V't1'I'6/i 1970, 1Wefore me personally came LTurnm K:artln to me known, who being by me duly sworn, did depose and say that he resides at 72 Jordan St., &=nneateles , New York; that h'e is Senior Vice Proccdent of NIAGARA ..MO0AWK POWER CORPORATION, the corporation described in and which executed the foreg6ing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by- order of the Board of Directors of said corporation, and that he signed his name thereto by like order.
Notary Publ c
, str r ""I , 34-7"347 . -" -
-~~~~~~' li i, * *ch
-M. itlm 30. 0
STATE OF NEW YORK s COUNTY.OF NEW YORK
.on this 1 day of - 1970, before me personally came W. o. ,to me
'lnown, who being by me duly sworn, did depose and say that he resides at , Dufl T0 Ave., Wcst ! New York, and that be is General Xanae- of POWER AUTHORITY OF THE STATE OF NEW YORK, the corporation described in and which executed the above instrument; that he knows the seal of Power Authority of the State of New York aforesaid; that one
- bf the seals affixed to the instrument is such seal; that it-was so-affixed by order of the trustees of Power Authority of
-..the State of New York;- and that he signed his name thereto by
- like order'.
- .; . L* : j "JOHN W. KEIB
-u pti Mi be[.
$ 1 oNw YOMbt 0" bemdki Ong&. Co. No. 34-720347 %
2iw C"iousoiasl EmPII* hutch 30.12 :z
ATTACHMENT 3 CONSENT TO ASSIGNMENT SEPTEMBER 25, 2001 Nine Mile Point Nuclear Station, LLC January 12, 2012
CONSENT TO ASSIGNMENT Subject to,..andeffective as of, the consummation of, the closing of the. sale of the
-Nine Mile Point Nuclear Station. and related assets by Niagara. Mohawk Power Corporation
("NMPC") to Nine Mile Point Nuclear Station, LLC ("'NMPNS")._and subject to the assuniption by NMPNS of all of the obligations of NMPC under each of the instruments described. on "Schedule A annexed (the "Instruments") pursuant to assignment agreements substantially in form attached hereto as Schedule B. Entergy Nuclear FitzPatrick, LLC ("Entergy'), as assignee Sof the Power Authority of the State of New York ("NYPA") with respect to the Instruments.
hereby consents (a)to the assignment by NMPC to NMPNS of NMPCs rights under the J Instruments, and (b) to the Water Supply Agreement between NMPC -andNMPNS, wvhich is to be executed and delivered substantially in the form attached hereto as Schedule C (the "Water Supply Agreement").
With respect to the Water Supply Agreement, N7MPC represenms to NMPNS and Entergy that prior to the date of this Consent to Assignment, the consumption of water at the Scriba Station, as defined in the Water Supply Agreement, has not exceeded 100 gallotis per year and NMPC has no reason to believe that the consumption of water at the Scriba Station will exceed 100 gallons per year.
In consideration of the foregoing consent, NMPC and NMPNS hereby each consent to the assignment by NYPA to Entergy of NYPA's rights under the Instruments effective as of November 21, 2000. Notwithstanding the forcgoing, the parties hereto acknowiedge that consent to assignment is not required for the assignment of Instruments numbered 1, 2, 3, 4 and 5 on Schedule A annexed.
Entergy also acknowledges that the transfer of title by NM-PC to NMPNS of the Nine Mile Point water line identified in the November 25, 1970 Joint Property Use Agreement between NMPC and NYPA (the "Joint Property Use Agreement") will not result in any payment received by NMPC which is required to be shared with Entergy under paragraph 3 of the Joint Property Use Agreement.
69142106
7771 IN WITNESS WHEREOF, each of the undersigned has executed this consent as I,
of September I_*, 2001 as follows.
~I NIAGARA MOHAWK POWER CORPORATION I V Name: Michael J. Kellel er
Title:
Authorized Representative NINE MILE POINT NUCLEAR STATION, LLC B y :...
Name: -
Title:
p 2
~91421 ~6
ACKNOWLEDGEMENT FOR ENTERGY NUCLEAR FITZPATRICK, LLC:
IF SIGNED IN NEW'YORK STATE:
STATE OF NEW YORK COUNTY OF ) ss,:
- T-Th On the IS- day of September in the year 2001 before me, the undersigned, personally appeared 1; dC *(.i?'* , -,- , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public, Stsie of New York No. 4991258 Quatified in Westchester oufY,, '
Commission Expires Jan. 27, 20-IF SIGNED OU`T OF NEW YORK STATE:
STATE OF )
COUNTY OF ) ss.:
On the _ day of September, 2001, before me, the undersigned, personally appeared
, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before. the undersigned in the Town/City of Notary Public 3
ACKNOWLEDGEMENT FOR NIAGARA MOHAWK POWER CORPORATION:I STATE OFNWYRK )W COUNTY GF;l 19RKss.:
on the o in the year 2001 before me, the undersigned.,
personally appeared MICHAEL I KELLEHER, personally known to me or proved 1o me on the j, basis of satisfactory evidence to be the individual whose name is subscribed to the within
- instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or .the person upon behalf of which the individual Oil acted, executed the instrument.
Notary Public 4
591421,06
ACKNOWLEDGEMENT FOR NINE MILE POINT NUCLEAR STATION, LLC:
- IF SIGNED IN NEW YORK STATE:
STATE OF NEW YORK X COUNTY OFi f 1lL ) ss.:
On the 6'
_ day of vV in the year 2001 before me, the undersigned, personally appeared'.,i 4y. rvI.j,personally known to me or proved to me on the
- .;t basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/heritheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the ment.
- }"*'g,!:*: " Oi-5,NP. SINOONI Notary Pubfic, Scate of New York O.alified in Onondaga County No. 4-20830 Public
.M y Cofnrrnss* nExpires June 30, 20 Z 1 1 IF SIGNED OUT OF NEW YORK STATE:
STATE OF )
COUNTY OF ) ss.:
ý-I- .... On the __ day of , 2001, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the
-* instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the Town/City of Notary Public
- ]*{
6125 691421,08
1/2 William Calderone and North Road 1464 285 6/25199 Joan Calderone Town of New Haven Martin V. Berrigan and Route 104B 1464 269 6/25t99 Donna M. Berrigan Town of New Haven Loring F. Duel] and NYS Route 104 1464 238 6/25/99 IA Elwanda R. Duell Town of New Haven
'Iv Edward D. Salvetti Sundown Road 1464 265 6125/99 Town of Palermo Edwin H. Lighthall and County Route 6 1464 234 6125/99 Barbara J. Lighthall Town of Mexico
'~' State of New York Highway Work Permit NIA N/A 6/25/99 Department of No. 3-81-0243 U.S.
Transportation Highway 04 Town of New Haven City of Oswego West Utica and 1464 197 6/25199 West 5th Street City of Oswego Patricia A- Torbitt County Route B 1464 2414 6125/99 Town of Minetto
~jj.
0 1'
114 -I 6 7G5039M2 1,,
Schedule A 3/4
- 2. Letter Agreement dated December 23, 1968 between NMPC and NYPA, as modified by Modification Agreement entered into September 21, 2000 between NMPC and NYPA.
- 3. Meteorological Data Acquisition System Agreement effective November 20, 2000 by and between NYPA and NMPC.
- 4. Agreement effective December 27, 1999 by and between NMPC and NYPA i~a relating to EOF and Joint News Center.
"1 K 5. Agreement dated November 20, 2000 by and between NMPC and NYPA I regarding Radiological Environmental Monitoring Program.
- 7. Joint Use Agreement dated January 4, 1988 between NIMPC and NYPA.
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-s Schedule A, Page 1 691421.06
Schedule B The instruments of Assignment and Assumption are annexed and together the instruments of Assignment and Assumption constitute Schedule B to the Consent to Assigrment.
-I Schedule B, Page I 691421,06
Unit 1 and Unit 2 ASSIGNMENT AND ASSUMPTION OF RIGHTS (Joint Property Use Agreement dated November 25, 1970)
THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ("Assignment") is made and entered into as of this day of 2001, by NIAGARA MOHAWK POWER CORPORATION, a New York corporation having an address at 300 Erie Boulevard West, Syracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC, a Delaware limited liability company having an office at 39 West Lexington Street. 18th Floor, Baltimore, Maryland 20201 ("Assignee").
RECITAL WHEREAS, pursuant to the following agreements entitied (a) Nine Mile Point Unit I Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000
("Unit t APA") by and among Assignor, as Seller, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit I APA to Assignee and (b) Nine Mile Point Unit 2 Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000 ("Unit 2 APA") by and among Assignor, New York State Electric & Gas Corporation. Rochester Gas and Electric Corporation and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned
- ', its rights under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, all o[ Assignor's rights under a Joint Property Use Agreement dated November 25, 1970 between Assignor and i'i the Power Authority of the State oftNew York ("NYPA") (the "Joint Property Use Agreement").
- } Schedule B, Page 2 691421.08
NOW, THEREFORE, in consideration of the foregoing and for other good. and' valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and of the.
Jt mutual agreements hereinafter set forth, it is hereby mutually agreed as !follows:
- 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated in this Assignment and made a part hereof by this reference.
- 2. Assignment of Joint Property Use Agreement. Assignor hereby transfers, assigns, conveys and sets over to Assignee all of Assignor's right, title and interest in and to the Joint Property Use Agreement; provided, however, Assignor shall be and remain liable .,
for all its obligations under the Joint Property Use Agreement arising and accruing prior to the date hereof and shall have no liability for any obligations first arising under the Joint Property Use Agreement after the date hereofL
- 3. Assumption of Joint Property Use Agreement by Assignee. Assignee hereby accepts the foregoing assignment of all of Assigor's right, title and interest in the Joint Property Use Agreement, agees to be bound by and subject to all the terms and conditions of the Joint Property Use Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of Assignor's obligations thereunder arising and accruing from and after the date 4
hereof Assignee acknowledges that it shall be liable for all its obligations under the Joint Property Use Agreement arising and accruing on or after the date hereof and shall have no liability for any obligations first arising under the Joint Property Use Agreement prior to the date A hereof.
- 4. Joint Property Use Agreement in Full Force and Effect. Assignor represents and warrants that (i) a true and complete copy of the Joint Property Use Agreement is attached hereto as Exhibit A, (ii) the Joint Property Use Agreement is presently in full force and effect; (iii) neither Assignor, nor to Assignor's knowledge, NYPA or anm.. assignee is in-default of Schedule B, Page 3 612.0 69142105
any of the terms or conditions of the Joint Property Use Agreement, nor is. there any condition or circumstance which with the passage of time, the giving of notice, or both, would become a 4,.
default under the Joint Property Use Agreement; and (iv) the Joint Property Use Agreement r
constitutes the entire agreement between Assignor and NYPA or any assignee, and has not been amended, modified, terminated or otherwise changed in any manner.
-LI-.
- 5. Governing Law. This Assignment shall be governed by and A
4$14 construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may be executed in two (2) or
-4.
more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto have executed a single copy of this Assignment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANTK]
'4-Schedule B, Page 4 B942 1.06 444
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written.
NIAGARA MOHAWK POWER CORPORATION By:
Name:
Title:
N"NE MILE POINT NUCLEAR STATION, LLC 0>
, ;,~
By:
Name: Robert E. Denton
Title:
V '~
Schedule B, Page 5
~*~Th S91421.06 4
STATE OF NEW YORK )
' COUNTY OF )ss.:
On the _ day of in the year .2001 before me, the
, undersigned, personally appeared ._,_personally
- i. known to me or proved to me on the basisof satisfactory evidence to be the individual(s) whose name(s) is (are). subscribed.to the within instrument and acknowledged to me that he/she/they the same iiexecuted his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public IF SIGNED IN NEW YORK STATE:
STATE OF NEW YORK )
COUNTY OF ) ss.:
On the ___ day of in the year _ before me, the
- . undersigned, a notary puiblic in and for said State, personally appeared ROBERT E DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behatf of which dte individual acted, executed this instrument.
Notary Public IF SIGNED OUT OF NEW YORK STATE:
STATE OF COUNTY OF ) ss.:
On the day of 2001, before me, the undersignied, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed -o the within instrument and acknowledged to me that he executed, the same. in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted. executed the instrument and that such individual made such appearance before the undersigned in the Town/City of Notary Public Schedule B, Page 6 691421M0
Exhibit A Copy of Joint Property Use Agreement Schedule B, Page 7 691421,O
Unit I and Unit 2 ASSIGNMENT AND ASSUMPTION OF RIGHTS (Letter Agreement dated December 23, 1968)
THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ("Assignment") is made and entered into as of this __ day of ________ 2001, by NIAGARA MOHAWK POWER CORPORATION, a New York corporation having an address at 300 Erie Boulevard West, Syracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC, a Delaware limited liability company having an office at 39 West Lexington Street, 18th Floor, Baltimore, Maryland 20201 ("Assignee").
RECITAL WHEREAS, pursuant to the following agreements entitled (a) Nine Mile Point Unit 1 Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000
("Unit I APA") by and among Assignor, as Seller, Constellation Energy Group, Inc., as Parent, and Constellation Nuciear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit ! A-PA to Assignee and (b) Nine Mile Point Unit 2 Nuclear Generating Facility Asset Purchase Agreement dated as of December 1I, 2000 ("Unit 2 APA") by and among Assignor, New York State Electric & Gas Corporation, Rochester Gas and Electric Corporation and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, a-l of Assignor's rights under a Letter Agreement dated December 23, 1968 from Assignor to the Power Authority Schedule B, Page 8 69142106
of the State of New York ("'NYPA") (the "Letter Agreement"),. as modified by Modihf'*c-C Agreement made and entered into September 21, 2000 between Assignor and NYPA.4t "Modification Agreement") (the Letter Agreement, as modified by the Modification Agree is hereinafter referred to as the "Letter Agreement").
NOW, THEREFORE, in, consideration of the foregoing and for other good. n valuable, consideration, the receipt and sufficiency of which is hereby acknowledged, and of*th*ý mutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
- 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated in this Assignment and made a part hereof by this reference.
- 2. Assignment of Letter Agreement. Assignor hereby transfers, assigns, conveys and sets over to Assignee all of Assignor's right, title and imerest in and to the Letter.
Agreement; provided, however, Assignor shall be and remain liable for all its obligations under the Letter Agreement arising and accruing prior to the date hereof and shall have no liability for.
any obligations first arising under the Letter Agreement after the date hereof
- 3. Assumption of Letter Agreement by Assignee. Assignee hereby accepts-the foregoing assignment of all of Assignor's right, title and interest in the Letter Agreement.
agrees to be bound by and subject to all the terms and conditions of the Letter Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of Assignor's obligations.
thereunder arising and accruing from and after the date hereof. Assigmee acknowledges that it shall be liable for all its obligations under the Letter Ageement arising and accruing on or after the date hereof and shall have no liability for any obligations first arising under the Letter.
Agreement prior to the date hereof Schedule B, Page 9
- 4. Letter Agreement in Full Force and Effect. Assignor' represents and ii&' warrants that (i) the Letter Agreement is presently in full force and effect; (ii) a true and correct
- copy of the Letter Agreement is attached hereto as Exhibit A, (iii) neither Assignor, nor to Assignor's knowledge, NYPA or any assignee is in default of any of the terms or-conditions of
- the Letter Agreement, nor is there any condition or circumstance which with the passage of time, egthiving of notice, or both, would become a default under the Letter Agreement; and (iv) the Letter Agreement constitutes the entire agreement between Assignor and NYPA or any assignee, and has not been amended, modified, terminated or otherwise changed in any manner.
- 5. Governing Law. This Assignment shall be governed by and Vt, construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all
,.. parties hereto have executed a single copy of this Assig-nment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Lp:
'"" Schedule B,Page 10 ii
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year fiirst above written.
NIAGARA MOHAWK.POWER CORPORATION By:
1: Name:. _ _ _ _ _ _ _ _
Title:
NINE MILE POINT NUCLEAR STATION, LLC By:
Name: Robert E. Denton
Title:
Schedule ,B, Page II 691421 .06
STATE OF NEW YORK )
COUNTY OF ) ss.:
On the __ day of in the yeaT 2001 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the, individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they ii executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public IF SIGNED IN NEW YORK STATE:
STATE OF.NEW YORK )
COUNTY OF ss.:
On the _ day of in the year _ before me, the undersigned, a notary public in and for said State, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed this instrument.
No-ary Public IF SIGNED OUT OF NEW YORK STATE:
STATE OF )
COUNTY OF ) ss.:
On the _ cay of , 2001, before me, the undersigned, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted. executed the instrument and that such individual made such appearance before the undersigned in the Town/City of_
Notary Public Schedule B, Page 12 691421,06
Unit I and Unit, ASSIGNMENT AND ASSUMPTION OF RIGHTS (MeteorologiCaI Data Acquisition System.Areement dated November 20, 2000)
THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ("Assignment") is made am entered into as, of this _ day of ,2001, by NIAGARA MOHAWK POWEf CORPORLATION, a New York corporation having an address at 300 Erie Boulevard West Syracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC a Delaware limited liability company having an office at 39 West Lexington Street, 18th Flooi Baltimore, Maryland 20201 ("Assignee").
RECITAL WHEREAS, pursuant to the following agreements entitled (a) Nine Mile Poin Unit I Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2001
("Unit I APA") by and among Assignor, as Seller, Constellation Energy Group, Inc.. as Pareni and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its righi under the Unit I APA to Assignee and (b) Nine Mile Point Unit 2 Nuzlear Generating Facilit Asset Purchase Agreement dated as of December 11, 2000 ("Unit 2 APA") by and arnon, Assignor. New York State Electric & Gas Corporation, Rochester Gas and Electric CorporatiQ and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group, Inc-,,
Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assiz-its rights under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, all of Assigri.*
rights under a Meteorological Data Acquisition System Agreement dated November 20, 200(.
Schedule B, Page 13
' and between Assignor and the Power Authority of the State of New York ("NYPA") (the NDAS Agreement").-
NOW, THEREFORE, in consideration of.the foregoing and for other good and wvauable consideration, the receipt and sufficiency of which is hereby acknowledged, and of the Smutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
-. Incorporation of Recitals. The foregoing recitals are hereby
- tincorporated in this Assignment and made a part hereof by this reference.
2, Assignment of MDAS Agreement. Assignor hereby transfers, assigns, conveys and sets over to Assignee all of Assignor's right, title and interest in and to the MDAS
ýAgreement; provided, however, Assignor shall be and remain liable for all its obligations under 4!' the MDAS Agreement arising and accruing prior to the date hereof and shall have no liability for any obligations first arising under the MDAS Agreement after the date hereof.
- 3. Assumption of MDAS Agreement by Assignee. Assignee hereby acCepts the foregoing assignment of all of Assignor's right, title and interest in. the MIDAS
-ARreement,
- agrees to be bound by and subject to all the terms and conditions of the MDAS
'-Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of i Ass'giknor's obligations thereunder arising and accruing from and after the dale hereof. Assignee 7* acknov, ledges that it shall be liable for all Its obligations under the MDAS A-geement*arising hiid'accruing on or after the date hereof and shall have no liability for any obligations first arising
ýP*derfthe MDAS Agreement prior to the date hereof.
- 4. MDAS Agreement in Full Force and Effect. Assigor represents and
- iWns that (i) a true and correct copy of the MDAS Agreement is attached hereto as Exhibit A,
,GiQtNe MDA Agreement is presently in full force and effect; (iii) neither Assignor. nor to
,,Ossignr's knowledge, NYPA or any assignee is in default of any of the terms or conditions of 59 421 06
the MDAS Agreement, nor is there any condition or circumstance which with the passage7,f.
time, the giying of notice, or both, would become a default under the MDAS Agreement; and"'
(iv)'the MIDAS Agreement constitutes the entire agreement between; Assignor and NYPA or any*'
assignee, and has not been amended, modified, terminated or otherwise changed in any manner,
- 5. Governing Law, This Assignment shall be governed by and,':!
construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may -be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto have executed a single copy of this Assignment.
[R.EM.AdNDER OF PAGE INTENTIONALLY LEFT BLANK]
Schedule B, Page 15
IN WITNESS WHEREOF, the parties. have executed this Assignment as of the day and year first above written.
NIAGARA MOHAWK POWER CORPORATION By:
Name:
Title:
NINE MILE POINT NUCLEAR STATION, LLC By:
Name: Robert E. Denton
Title:
Schedule B, Page 16 69142106
STATE OF NEW YORK ) ss.:
COUNTY OF )ss.:...-
On the - day of in the: year 2001 before me, the undersigned, personally appeared , personalli known to me or provedtome on the basis of satisfactory evidence to be the individual(s) whose-name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
.executed the same in his/her/their capacity(ies), and that by his.her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted;I executed the instrument.
Notary Public IF SIGNED IN NEW YORK STATE:
STATE OF NEW YORK )
COUNTY OF ) ss.:
On the _ day of minthe year _ before me, the
-ndersig-d,a notary public in and for said State, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual. or the person upon behalf of which the individual acted, executed this instrument.
Notary Public IF SIGNED OUT OF NEW YORK STATE:
STATE OF )
COUNTY OF ) ss.:
On the _ day .of ...... 2001, before me, the undersigned, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the Town/City of Notary Public Schedule B, Page 17 61421.06
Unit I and Unit 2 ASSIGNMENT AND ASSUMPTION OF RIGHTS (Agreement effective December 27. 19909 - EOF and Joint News.Center)
THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ('Assignment") is made and entered into as of this _ day of _, 2001, by NIAGARA MOHAWK POWER CORPORATION, a New York corporation having an address at 300 Eric Boulevard West.
Syracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC, a Delaware limited liability company having an office at 39 West Lexington Street, 18th Floor, Baltimore, Maryland 20201 ("Assignee").
RECITAL WHEREAS, pursuant to the following ageements entitled (a) Nine Mile Point Unit I Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000:
("Unit 1 APA") by and among Assignor, as Seller, Constellation Energy Group. Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assiged its rigts under the Unit I APA to Assignee and (b) Nine Mile Point Unit 2 Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000 ("Unit 2 APA") by and among Assignor, New York State Electric & Gas Corporation, Rochester Gas and Electric Corporatioln and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, all of Assignor's Schedule B, Page 18 691421.06
rights under an Agreement effective December 27, 1999 by and between Assignor and the POer Authority of the State of New York ("NYPA!') (the "12/27/99 Agreement").
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and of th;f I mutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
I. Incorporation of Recitals. The foregoing recitals are hereby,"
incorporated in this Assignment and made a part hereof by this reference.
- 2. Assignment of 12/27/99 Agreement. Assignor hereby transfers, assignse."
conveys and sets over to Assignee all of Assignor's right, title and interest in and to the 12/27/99 Agreement; provided, however, Assignor shall be and remain liable for all its obligations under the 12/27199 Agreement arising and accruing prior to the date hereof and shall have no liability for any obligations first arising under the 12/27/99 Agreement after the date hereof.
- 3. Assumption of 12/27/99 Agreement by Assignee. Assignee hereby accepts the foregoing assignment of all of Assignor's right, tidte and interest in the 12277/99 Agreement, agrees to be bound by and subject to all the terms and conditions of the 12/27/99 Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of Assionor's obligations thereunder arising and accruing from and after the date hereof. Assignee acknowledges that it shall be liable for all its obligations under the 12/27/99 Agreement arising and accruing on or after the date hereof and shall have no liability for any obligations first arising under the 12/27/99 Agreement prior to the date hereof
- 4. 12127/99 Agreement in Full Force and Effect. Assignor represents and warrants That (i) a true and correct copy of the 12/27/99 Agreement is attached hereto as Exhibit A, (it) the 12/27/99 Agreement is presently in full force and effect; (iii) neither Assignor, nor to Assignor's knowledge, N-YPA or any assignee is in default of any of the terms or conditions of Schedule B, Page 19 691 421,06
the 12/27/99 Agreement, nor is there any condition .or circumstance which with the passage of 445 time, the giving of notice, or both, would become a default under the 12/227199 Agreement; and (iv) the 12127/99 Agreement constitutes the entire agreement between Assignor and NYPA or any assignee,. and has not been amended, modified, terminated or otherwise changed in any manner.
12~
- 5. Governing Law.. This Assignment shall be governed by and construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto have executed a single copy of this Assignment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
5-55 W&.,
,I?:
*ilSchedule B, Page 2{}
69 1421V06
~rj IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. V NIAGARA MOHAWK POWER CORPORATION By:
'A Name: .
Title:
NNE MILE POINT NUCLEAR STATION, LLC By: Name: Robert E. Denton
Title:
'j~ i,; Schedule B, Page 21 691421.06 r~ ~"
STATE OF NEW YORK ) SCOUNTYOF ) ss.: undrsgndOn the __ day of in the year 2001 before me, the undersigned, personally appeared _ __ _ _ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
.- name(s). is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her!their signature(s) on the instniment, the individual(s), or the person upon behalf of Which the individual(s) acted, executed the instrument.
Notary Public STATE OF NEW YORK ) COUNTY OF ss.: On the day of in the year before me, the undersigned, a notary public in and for said State, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his sign'ature on the instrument, the individual or the person
,upon behalf of which the individual acted, executed this instrument.
I Notary Public STATE OF ) COUNTY OF ) ss.: On the day of _, 2001, before me, the undersigned, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the Town/City of Notary Public Schedule B, Page 22~691421.06 I;
4" Unit I and Unit 2 ASSIGNMENT AM) ASSUMPTION OF RIGHTS (Radi0loical Environmental Monitoring Pro ram A2reement) THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ("Assignment") is made and, entered into as of this day of _, 2001, by NIAGARA MOHAWK POWERi CORPORATION, a New York corporation having an address at 300 Erie Boulevard West:.` Syracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC,, a Delaware limited liability company having, an office at 39 West Lexington Street, 18th Floor, . Baltimore, Maryland 20201 ("Assignee"). RECITAL WHEREAS, pursuant to the following agreements entitled (a) Nine Mile Point Unit I Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000 ("Unit I APA") by and. among Assignor, as Seller, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit I APA to Assignee and (b) Nine Mile Point Unit 2 Nuclear Generating Facility Asset Purchase Agreement dated as of December 1i, 2000 ("Unit 2 APA") by and among Assignor, New York State Electric & Gas Corporation, Rochester Gas and Electric Corporation and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, all of Assignor's ights under an Agreement by and between the New York Power Authority ("NYPA") and Schedule B, Page 23 6,421,.06
Assignor regarding Radiological Environmental Monitoring Program effective November 20,
;4*' 2000 (the "REMP Agreement").
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and of the
** mutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
- 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated in.this Assignment and made a part hereof by this reference.
- 2. Assignment of REMP Agreement. Assignor hereby transfers, assigns, conveys and sets over to Assignee all of Assignor's right, title and interest in and to the REMP
- Agreement; provided, however, Assignor shall be and remain liable for all its obligations under the REMP Agreement arising and accruing prior to the date hereof and shall have no liability for any obiigations first arising under the REMI? Agreement after the date hereof
- 3. Assumption of REMP Agreement by Assignee. Assignee hereby accepts the foregoing assignment of all of Assignors right, title and interest in the REMP Agreement, agrees to be bound by and subject to all the terms and conditions of the REMP Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of Assignor's obligations thereunder arising and accruing from and after the date hereof. Assignee acknowledges that it shall be liable for all its obtigations under the REM-P Agreement arising and accruing on or after the date hereof and shall have no liability for any obligations first arising under the RtEMP Agreement prior to the date hereof.
- 4. REMP Agreement in Full Force and Effect. Assignor represents and warrants that (i) a true and correct copy of the REMP Agreement is attached hereto as Exhibit A, (ii) the REMP Agreement is presently in full force and effect; (iii) neither Assignor, nor to Assignor's knowledge, NYPA or any assignee is in default of any of the terms or conditions of Schedule B, Page 24
the REMP Agreement, nor is there any condition or circumstance time, the giving of notice, or both, would become a default under the 4
- 5. Governing Law. This Assignment shall be governed by andti construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may be executed in two (2) or, more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto have executed a single copy of this Assignment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Wi
"-I Schedule B, Page 25 891421.06**: N
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NIAGARA MOHAWK POWER CORPORATION By: Name:
Title:
NINE MILE POLNT NUCLEAR STATION, LLC By: Name: Robert E. Denton
Title:
Schedule B, Page 26 691421.06
STATE OF NEW YORK ) COUNTY OF ) ss.: On the _ day of _in the year 2001 before me, th> undersigned, personally appeared ,,_personai_ known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whosT name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they", executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on th< instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF ) ss.: On the __ day of in the year before me, the undersigned, a notary public in and for said State, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behaf of which the individual acted, executed this instrument. Notary Public 4 STATE OF ) COUNTY OF ) ss.: On the _ day of , 2001, before me, the undersigned, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of' satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the . instrument, the individual, or the person upon behalf of which the individual acted, executed the. instrument and that such individual made such appearance before the undersigned in the Town/City of __ Notary Public Schedule B, Page 27 691421-06: J
Unit I and Unit 2 ASSIGNMENT AND ASSUMPTION OF RIGHTS (Augeement. for Sharinp of Personnel) THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ("Assignment") is made and entered into as of this _ day of ,2001, by NIAGARA MOHAWK POWER CORPORATION, a New York corporation having an address at 300 Erie Boulevard West, Syracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC, a Delaware limited liability company having an office at 39 West Lexington Street. 18th Floor, Baltimore, Maryland 20201 ("Assignee"). RECITAL WHEREAS, pursuant to the following agreements entitled (a) Nine Mile Point Unit I Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000 ("Unit 1 APA") by and among Assignor, as Seller, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit i APA to Assignee and (b) Nine Mile Point Unit 2 Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000 ("Unit 2 APA") by and among Assignor, New York State Electric & Gas Corporation, Rochester Gas and Electric Corporation and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group. Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its riahts under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, all of Assignor's Schedule B, Page 28 691421.06
rights under an Agreement by and between Assignor and New York Power Authority, ("'Nyp. for Sharing of Personnel effective.October 1, 1998 (the "Personnel Agreement"). NOW, THEREFORE, in consideration of the foregoing and for other good- anid valuable consideration, the receipt and sufficiency of which isý hereby acknowledged, and of4l mutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
- 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated in this Assignment and made a Dart hereof by this reference.
- 2. Assignment of Personnel Agreement. Assignor hereby transfers.
assigns, conveys and sets over to Assignee all of Assignor's right, title and interest in and to the Personnel Agreement; provided, however. Assignor shall be and remain liable for all its obligations under the Personnel Agreement arising and accruing prior to the date hereof and shall have no liability for any obligations first arising under the Personnel Agreement after the date: hereof.
- 3. Assumption of Personnel Agreement by Assignee. Assignee hereby accepts the foregoing assignment of all of Assignor's right, title and interest in the Personnel ,'"
Agreement, agrees to be bound by and subject to all the terms and conditions of the Personnel Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of Assignor's obligations thereunder arising and accruing from and after the date hereof. Assignee acknowledges that it shall be liable for all its obligations under the Personnel Agreement arising and accruing on or after the date hereof and shall have no liability for any obligations first arising' under the Personnel Agreement prior to the date hereof.
- 4. Personnel Agreement in Full Force and Effect. Assignor represents and6`1:
warrants that (i) a true and correct copy of the Personnel Agreement is attached hereto as Exhibit A, (ii) the Personnel Agreement is presently in full force and effect; (iii) neither Assignor, nor to Schedule B, Page 29
- Assignor's knowledge, NYPA or any assignee is in default of any of the terms, or conditions. of the Personnel Agreement, nor is there any condition or circumstance which with the passage of time, the giving of notice, or both, would become a default under the Personnel Agreement; and (iv) the Personnel Agreement constitutes the entire agreement between Assignor and NYPA or any assignee, and has not been amended, modified, terminated or otherwise changed in any manner.
- 5. Governing Law. This Assignment shall, be governed by and construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may be executed in tvo (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto have executed a single copy of this Assimnent.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Schedule B, Page 30 691421.06
IN WITNESS WHEREOF, the parties have executed this Assignment as.of day and year first above written. NIAGARA MOHAWK POWER CORPORATION 'V P By: Name:
Title:
NINE MILE POINT NUCLEAR STATION, LLC By: Name: Robert E. Denton
Title:
694t6 Schedule B, Page 31
STATE OF NEW YORK ) COUNTY OF ) ss.: On the day of in the year 2001 before me, the undersigned, personally appeared _, personally known to me or proved to me on the basis of satisfactory eiidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
*7 instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
- A, executed the instrument.
Notary Public IF SIGNED IN NEW YORK STATE: STATE OF NEW YORK ) COUNTY OF On the _ day of in the year _ before me, the undersigned. a notary public in and for said State, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed this instrument. Notary Public IF SIGNED OUT OF NEW YORK STATE-STATE OF )
- COUNTY OF ) ss.:
On the _ day of .2001, before me, the undersigned, personally appeared ROBERT E. DENTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersianed in the Town/City of Notary Public Schedule B, Page 32 691421.06
Exhibit A Copy of Personnel Agreement
.4 j
694206. Schedule B, Page 33 C' i; - ~
Unit 1 and Unit2 ASSIGNMENT AND ASSUMPTION OF RIGHTS S...(Joint Use Aereement dated January 4, 1988) THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS ("Assignment") is made and S** entered into as of this __ day of _ ___ 2001, by NLAGARA MOHAWK POWER CORPORATION, a New York corporation having an address at 300 Erie Boulevard West, Svracuse, New York 13202 ("Assignor"), to NINE MILE POINT NUCLEAR STATION, LLC, a Delaware limited liability company having an office at 39 West Lexington Street. 18th Floor, Baltimore, Maryland 2,0201 ("Assignee"). RECITAL WHEREAS, pursuant to the following agreements entitled (a) Nine Mile Point Unit I Nuclear Generating Facility Asset Purchase Agreement dated as of December 11, 2000 ('Unit I APA") by and among Assignor, as Seller, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assiuned its rights under the Unit I APA to Assignee and (b) Nine Mile Point Unit 2 Nuclear Generating Facility U. Asset Purchase Agreement dated as of December 1!, 2000 ("Unit 2 APA") by and among Assignor, New York State Electric & Gas Corporation, Rochester Gas and Electric Corporation 4 (4- and Central Hudson Gas & Electric Corporation, as Sellers, Constellation Energy Group, Inc., as Parent, and Constellation Nuclear, LLC, as Buyer, Constellation Nuclear, LLC having assigned its rights under the Unit 2 APA to Assignee, Assignor is assigning to Assignee, all or Assignor's
*£ i Scheduie B, Page 34 591421.06
rights. under a Joint Use, Agreement dated January 4, 1988 between Assignor and the Power Authority of the State of New York ("NYPA") (the "Joint Use Agreement"). NOW, THEREFORE,. in consideration of the foregoinigand for other good and, valuable consideration, the receipt and. sufficiency of which is hereby acknowledged, and of the, mutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
- 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated in this Assignment and made a part hereof by this reference.
- 2. Assignment of Joint Use Agreement. Assignor hereby transfers, assigns.
conveys and sets over to Assignee all of Assignor's right, title and interest in and to the Joint Use-Agreement; provided, however, Assignor shall be and remain liable for all its obligations under the Joint Use Agreement arising and accruing prior to the date hereof and shall have no liability for any obligations first arising under the Joint Use Agreement after the date hereof.
- 3. Assumption of Joint Use Agreement by Assignee. Assignee hereby accepts the foregoing assignment of all of Assignor's right, title and interest in the Joint Use Agreement, agrees to be bound by and subject to all the terms and conditions of the Joint Use Agreement as now in effect, and Assignee hereby assumes and agrees to perform all of Assignor's obligations thereunder arising and accruing from and after the date hereof. Assignee' acknowledges that it shall be liable for all its obligations under the Joint Use Agreement arising.
and accrting on or after the date hereof and shall have no liability for any obligations first arising under the Join-, Use Agreement prior to the date hereof.
- 4. Joint Use Agreement in Full Force and Effect. .:ssignmor represents that,<i (i) the Joint Use Agreement is presently in full force and effect; (ii) neither Assignor, nor to Assignor's knowledge, NYPA or any assignee is in default of any of the terms or conditions of the Joint Use Agreement, nor is there any condition or.circumstance which with the passage of Schedule B, Page 35 69142101)
time, the giving of notice, or both, would become a default under the Joint Use Agreement; and (iii) the Joint Use Agreement constitutes the entire agreement between Assignor and NYPA or any assignee, and has not been amended, modified, terminated or otherwise changed in any manner.
- 5. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of New York.
- 6. Counterparts. This Assignment may be executed in two (2) or more counterpart copies, all of which, counterparts shall have the same force and effect as if all parties hereto have executed a single copy of this Assignment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Schedule B, Page 36 691421-05
IN WI'TNESS WHEREOF, the parties have executed this Assignment, as of [jj day and year f irst above written. NIAGARA MOHAWVK POWER CORPORATION By:_ _ _ _ _ _ Name:- _ _ _ _:__ _ A1
Title:
NINE MILE POINT NUCLEAR STATION, LLC By: Name: Robert E. Denton
Title:
V Schedule B, Page 37 681421.06
STATE OF NEW YORK )) ss.: COUNTY OF On the day of in the year 2001 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
-name(s) is (are) subscribe d to the within. instrument and acknowledged to me that he/she/they 4 executed the same in his /her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individu*at(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public IF SIGNED IN NEW Y( MRK STATE: STATE OF NEW YORK )) ss.: COUNTY OF On the _ day of in the year _ before me, the undersigned, a notary public in and for said State, personally appeared ROBERT E. DENTON, personally 1~ri known to me or proved t o me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to rme that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the indivi dual acted, executed this instrument. Notary Public IF SIGNED OUT OF NI -W YORK STATE: STATE OF ) COUNTY OF On the _ d, ay of , 2001, before me, the undersigned, personally appeared ROBERT E. D1ENTON, personally known to me or proved to me or, the basis of satisfacbory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me tha t he executed the same in his capacity, that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted. executed the instrument and that sue h individual made such appearance before the undersigned in the Town/City of Notary Public Schedule B, Page 38 691421.08
I. Exhibit A Copy of Joint-Use Agreement 4
'i Zr,
"A r"
Schedule B, Page 39
Schedule C WATER SUPPLY AGREEMENT This sets forth an Agreement (the "Agreement") made and entered into as of this ____..day of _2001, by NIAGARA MOHAWK POWER CORPORATION, a
- New York corporation having an address at 300 Erie Boulevard West, Syracuse, New York 13202 ("NMPC") and NINE MILE POINT NUCLEAR STATION, LLC, a Delaware limited liability company having an office at 39 West Lexington Street, 18th Floor, Baltimore, Maryland 20201 ("NMPNS").
RECITAL A. N-MPNS owns the Nine Mile Point Water Supply Line (defined below) which serves the Nine Mile Point Unit I Generating Station owned by NMPNS, the Nine Mile Point Unit 2 Nuclear Generating Station owned by NMPNS and Long Island Lighting Company (d/b/a LIPA) ("LILCO") and the James A. FitzPatrick Nuclear Generating Station, owned by Entergy Nuclear FitzPatrick, LLC ("Entergy"). B. NMPC has assigned to NMPNS all of NMPC's rights under a November 25, 1970 Joint Property Use Agreement (the "Joint Use Agreement") and NMPNS has assumed NMPC's obligations under the Joint Use Agreement which includes the obligation to maintain and repair the Nine Mile Point Water Supply Line. .: Schedule C, Page 1 691421.06
C. Through the Nine Mile Point Water Supply Line, NMPC currently receives the supply of water to the Scriba Substation (defined below) and Wil! continue to need that supply of
- water following the date of this Agreement.
D. This Agreement will set forth the terms under which NMPC will reimburse NMPNS for (i) NMPC's consumption of water for the Scriba Substation and (ii) NMPCs share A of the cost to repair and maintain the Nine Mile Point Water Supply Line. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and of the mutual agreements hereinafter set forth, it is hereby mutually agreed as follows:
- 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated in this Agreement and made a part hereof by this reference.
- 2. Definitions. Whenever used in this Agreement, the following words and phrases shall have the respective meanings set forth below:
- a. lNine Mile Point Water Supply Line" means the 12-inch water main, the 10-inch waterline and 8-inch waterline shown on a map entitled "A Map Showing the Location of the Nine Mile Water Supply Line" prepared by Niagara Mohawk, designated as File Index 21 .0-06.21-M5, Drawing No: D-54484-C, dated Oct. 12, 1999, last revised May 25. 2000, a copy of which is annexed to this Ageement as Exhibit A.
~1V Schedule C, Page 2 691421.06
<,.b. "Scriba Substation" means the substation, located on Transmission Land
-,. Parcel 1 shown Sheet 2 of 3 on a map entitled "ALTA/ACSM Land Title Survey, Nine Mile Point Generating Site Units I AND 2," prepared by C.T. Male Associates, P.C., Drawing No.
+ 01-166, Sheets 1, 2, and 3 of 3, dated June ,2001 and filed in the Oswego County Clerk's Office on 2001 under Instrument No. R-2001-
- c. "6-inch Water Tap" means the 6-inch water tap to Scriba Substation shown on Sheet I of 3 of a map entitled "ALTA/ACSM Land Title Survey, Nine Mile Point Generating Site Units I AND 2," prepared by C.T. Male Associates, P.C., DraAing No. 01-166.
P, .... Sheets 1. 2. and 3, dated June ,200i and filed in the Oswego County Clerk's Office on _______2001 under Instrument No. R-2001 -
- 3. Representation of NMPC. NMPC represents to NMPNS that prior to the date of this .Areement, the consumption of Water at the Scriba Station has not exceeded 100 gallons
-. per year and NMPC has no reason to believe that the consumption of Water at the Sc iba Station will exceed 100 gallons per year after the date of this Agreement.
- 4. Payment for Water Usage. N*MPC shall reimburse NMPNS for the cost of water consumed for the Scriba Substation at an annual flat fee of S within thirty (30) days of receipt of an invoice from NMPNS.
- 5. Maintenance and Repair of Nine Mile Point Supply Line. Within thirty (30)
* ~ days after receipt of an invoice, NMPC shall reimburse NMPNS for the cost incurred by Schedule C, Page 3 691421.06
NMPNS to maintain and repair the Nine Mile. Point Water Supply Line in proportion to NMC water consunption for the Scriba Substation, which proportion shail be calculated by divldl-NMPC's share of water consumption for the Scriba Substation by the total water consumption. NMPNS and Entergy during the most recent calendar year for which that informatioil is available. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Rk Schedule C, Page 4 691421ý06
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and ,eaT first above written. NIAGARA MOHAWK POWER CORPORATION By-Name: Michael J. Kelleher
Title:
Authorized Representative NINE MILE POINT NUCLEAR STATION, LLC By: Name: Robert E. Denton
Title:
Schedule C, Page 5 b9.1 421,06
STATE OF NEW YORK ). COUNTY OF ss.: On the _ day of in the !year 2001 befort undersigned, personally appeared Michael J. Kelleher, personally known to me or provedty on the basis of satisfactory evidence to be the individual whose name.is subscribed to the Wi instrument and acknowledged to me that he executed the same in his capacity, and tha signature on the instrument, the individual, or the person upon behalf of which the acted, executed the instrument. Notary Public IF SIGNED IN NEW YORK STATE: STATE OF NEW YORK ) COUNTY OF ) ss.: On the __ day of in the year 2001 before me, tale, undersigned, a notary public in and for said State, personally appeared ROBERT E. DENTON 'I personally known to me or proved to me on the basis of satisfactory evidence to be the individualV whose name is subscribed to the within instrument and acknowledged to me that he executed theji> same in his capacity, and ihat by his signature on the instrument, the individual or the person, upon behalf of which the individual acted, executed this instrument. Notary Public IF SIGNED OUT OF NEW YORK STATE: STATE OF) COUNTY OF ) ss.: On the _ day of in the year 2001, before me, the undersigned, personally appeared ROBERT E. DENTON, personally known to rue or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the Town/City of_ _ _ _ Notary Public '1
.C
- ~Schedule C, Page 6 '
691421.06
ATTACHMENT 4 LIST OF REGULATORY COMMITMENTS Nine Mile Point Nuclear Station, LLC January 12, 2012
ATTACHMENT 4 LIST OF REGULATORY COMMITMENTS The following table identifies the regulatory commitments in this document. Any other statements in this submittal represent intended or planned actions. They are provided for information purposes and are not considered to be regulatory commitments. SCHEDULED REGULATORY COMMITMENT COMPLETION DATE Draft and execute an updated or new formal agreement between Nine Mile Concurrent with Point Nuclear Station, LLC (NMPNS) and Entergy to reflect the transfer of real completion of the property to Nine Mile Point 3 Nuclear Project, LLC (NMP3). land transfer 1 of 1}}