ML20009F274
| ML20009F274 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/21/1981 |
| From: | Johnson W PUBLIC SERVICE CO. OF NEW HAMPSHIRE |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20009F275 | List: |
| References | |
| SBN-171, NUDOCS 8107300233 | |
| Download: ML20009F274 (150) | |
Text
-
q AUEBt.3C N N
cmorr*we SE2800K STATION Engineering Office:
1671 Worcester Road Framingham, MA 01701 July 21,1981
,e d
SBN-171
/
T.F. B 6.1.2
'(.
-9}
JUL 2 9 B81 > {2 Washington, D. C.
20555 c
~gtQEt United States Nuclear Regulatory Commission u.a.
3 f
Atten tion:
Mr. Harold Denton, Director 4
to Office of Nuclear Reactor Regulation U
References:
(a) Construction Permits CPPR-135 and CPPR-136, Docket Nos. 50-443 and 50-444 (b) Public Service Company of New Hampshire letter dated June 29, 1981, " Tendering of; Seabrook Station Final Safety Analysis Report and Seabrook Station Environmental Report -
Operating License Stage for " Acceptability and Completeness" Review" Sub ject : Tendering of; Seabrook Station General and Financial Information, and
]
g Submittal of Anti-Trust deview Responses
Dear Sir:
Pursuant to 10 CFR 2.101(a)(2) and 10 CFR 50.30(c)(3), Public Service o mpany of New Hampshire, acting as agent for and on behalf of the Seabrook Station Joint Owners, hereby tenders ten (10) copies of the Seabrook Station General and Financial Information, containing the information required.by 10 CFR 50.33 and Appendix C, for your " Acceptability and Ccmpleteness" review for the operation of Seabrook Station Unit 1 and Unit 2.
Upon notification of a favorable determination, Public Service Company of New Hampshire will formally amend its March 30, 1973, application for the construction permit and operating license via submittal of the above document and the documents tendered via Reference (b) in the quantitits delineated in 10 CFR 50.30(c)(1).
Also being forwarded with this letter are the Seabrook Station Joint Owners responses to the anti-trust review questions as posed in USNRC Regulatory Guide 9.3.
The above responses are separate from the General and htO,pk Financial Information volumes.
W' 9'l@o Td.g,6*p g,j%
g g& p)y4 '
U t'
s
[i t
QL B107300233 810721 PDR ADOCK 05000443 I
$t A
U.S. Nuclear Regulatory Comission July 21, 1981 Attention:
Mr. Harold Denton, Director Page 2 Once again we urge that you consider the selection of a Project Manager for Seabrook Station to expedite and coordinate the review of our application.
Very truly yours, YANKEE ATOMIC ELECTRIC COMPANY
[ knec>%
t W. P. Johnson Vice President l
k
e Information for Antitrust Review of Operating Licsnto Application for Seabrook Station Submitted by: Public Service Company of New Hampshire Anticipated excess or shortage in generating capacity resources not a.
expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
Answer - At the construction permit stage a higher rate of load growth was projected which has not materialized due basically to external reasons.
Delays in the expected completion schedule of the units to 1984 and 1986, however, have resulted in about the same length of excess capacity af ter commercial operation as had been expected in the Construction Permit Application.
b.
T.es power pools or coordinating groups or changes in structure, activities, policies, practices or membership of power pools or coordinating groups in which the licensee was, is, or will be a pa rticipan t.
Answer - None.
c.
Changes in transmission with respect to (1) the nuclear plant, (2) interconnections, or (3) connections to wholesale customers.
Answer - No significant changes in the transmission system relating to the Project have occurred other than the planned construction schedule which has been delayed to meet the revised needs of the Project.
d.
Changes in the ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
Answer - See pages 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented.
e.
Changes in design provisions, or conditions of rate schedules and reasons for such changes.
Rate increases or decreases are not necessary.
Answer - Two new optional residential rates (see attached schedules),
Time-of-Day and Seasonal, were instituted as part of a new state law requiring such rates.
No changes have occurred in any wholesale rate and only minor changes have occurred in any rate provisions or conditions.
f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
Answer - (1) None.
(2) Approximately 4500 residential customers were served by the optional seasonal rates, and approximately 35 residential cus tomers were served by the optional time-of-day rate.
Copies of the rate schedules are attached.
4
. f.
Answer - Continued (3) Under a NHPUC mandated franchise definition order, some minor francise area adjustments have occurred.
The Company.has entered into agreements with other utilities in Maine and Vermont to sell PSNH respective franchise areas within these states. These sales are awaiting final regulatory approval in Maine and Vermont respectively.
(4) None.
g.
List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output 4
allocations.
Answer - None.
h.
Summary of requests or indications of interest by other electric power.
wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
Answer - Only the normal exchanges of short-term capacity and energy within NEPOOL have occurred from time to time.
4 t
5 6
4
4 NHPUC No. 24-A - ELECTRICITY Original Page 30 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-OS 0
RESIDENTIAL SERVICE OPTIONAL SEASONAL RATE D-OS AVAILABILITY Subject to the Terms and Conditions of the Tariff of which it is a part, this rate is for electric service in individual urban,, rural and farm residences and apartments. Service under this rate is available at the customer's option to those customers who receive all of their electric service requirements here-under and who ' sign an Electric Service Agreement. Electric service for outdoor area lighting is available under Outdoor Lighting Service Rate ML.
The Company will assist the customer in determining whether to take service under this rate; however, responsibility for the selection of the rate lies with the customer, and the Company does not warrant or represent in any way that a customer will save money by taking service under this rate.
This rate is not applicable to commercial purposes except as.specified hereafter. Multiple use of servica within the residence through one meter shall be billed in accordance with the predominant use of the demand. When wired for connection to the same meter, service under this rate shall include the resi-O dence and connecting and adjacent buildings used exclusively for noncommercial purposes.
The use of single phase motors of 5 H.P. rating or less is permitted under this rate provided such use does not interfere with the quality of service ren-dered to other customers. Upon written application to the Company, the use of larger motors may be authorized where existing distribution facilities permit.
l ELECTRIC SERVICE AGREEMENT l
The term of the Electric Service Agreement shall be one year, and shall continue thereaf ter until cancelled by one month's notice to the Company by the customer. The customer will not be permitted to change from this rate to any other rate until the customer has taken service under this rate for at least twelve months. However, upon payment by the customer of a suitable termination charge, the Company may, at its option, waive this provision where a substantial hardship to the customer would otherwise result.
()
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Effective: May 1, 1981
Title:
Executive Vice President
t NHPUC NO. 24-A - ELECTRICITY Original Page 31 g-~
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-OS b
CHARACTER OF SERVICE Service supplied under this rate will be single phase, 60 hertz, alter-nating current, normally three-wire at a nominal voltage of 120/240 volts.
RATE PER MONTH Customer Charge:
$4.85 per month Energy Charges:
Per Kilowatt-Hour Winter Season:
7.35c Sununer Season:
5.25c The Winter Season energy charges shall apply to all kilowatt-hours billed based on any two successive monthly meter readings, the second of which is taken on or af ter November 1 and prior to or on March 31.
The Sunner Season energy charges shall apply to all otber kilowatt-hours billed.
The Winter Season shall be comprised of five monthly billing periods and
()
the Summer Season shall be comprised of seven monthly billing periods.
FUEL ADJUSTMENT All energy billed under this rate, including energy used for controlled water heating, shall be subject to a fuel adjustment as provided by Page 21 of the Tarif f of which this rate is a part.
l WATER HEATING - CONTROLLED l
Controlled off peak water heating service is available under this rate when l
such service is supplied to approved storage type electric water heaters having an off peak heating element with a rating of no more than 1,000 watts, or 20 watts per gallon of tank capacity, whichever is greater. The off peak element shall be connected by means of an approved circuit to a separate water heating meter equipped with a time switch which makes energy available for 17 hours1.967593e-4 days <br />0.00472 hours <br />2.810847e-5 weeks <br />6.4685e-6 months <br /> each day. Electricity used will be billed monthly as follows:
All kilowatt-hours
@ 3.29c per kilowatt-hour The storage capacity of all controlled water heaters installed hereunder af ter January 1,1979 shall be 80 gallons or more.
()
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Effective: May 1, 1981
Title:
Executive Vice President
NHPUC NO. 24-A - ELECTRICITY Original Page 32 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-OS O
i ELDERLY CUSTOMER DISCOUNT
' Customers 70 years of age or older who cie owners or renters of their prin-cipal residence or who normally pay a substi.ntial portion of the cost of main-taining their principal residence are eligiole to receive an Elderly Customer Discount of ten percent (10%) from bill amounts computed under the applicable provisions of.this rate (including the fuel adjustment charge and Customer Charge) for electric service used at their principal residence. The discount
~
s shall not apply to charges for service at locations served on a short-term basis, to charges under the provisions of this rate entitled " Service Charge",
or to minimum bills rendered pursuant to line extension guarantees.
To receive the discount a customer must complete and submit to the Ccmpany the Application for Elderly Customer Discount. After audit and approval of the application by a duly authorized agent of the Company, the Company will promptly change its billing records so that the discount will be applied to bills ren-dered thereafter.
CONJUNCTIONAL SERVICE Conjunctional service is the use of electric service furnished hereunder in
()
parallel with any other source of electric service. The customer may take con-junctional service hereunder subject to the signing of a Residential Conjunc-tional Service Agreement specifying such terms and conditions of interconnection end operation as the Company deems necessary to provide for proper metering and billing and to prevent personal 'njury, property damage, or interference with the electric service to other customers.
SERVICE CHARGE When the Company establishes or reestablishes an electric service account for a cuPtomer at a meter location, a service charge will be made in addition to all other charges under this rate. The service charge will be $15.90 except when it is necessary for the Company to send an employee to the meter location outside of normal working hours to connect or reconnect service, in which case i
the service charge shall be $31.80.
METERS Under this rate, the Company will install one or more meters at its option.
()
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Eff ective: May 1, 1981
Title:
Executive Vice President
NHPUC No. 24-A - ELECTRICITY Original Page 33 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-OS i
TERMS The charges for service under this rate are net, billed monthly and payable upon presentation of bill. However, customers may elect to pay for all service rendered under this rate on a Budget Billing Plan available on application to the Company.
4 i
ilO f
1 J
)
i f
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
I Effective: May 1, 1981
Title:
Executive Vice President
NHPUC NO. 24-A.- ELECTRICITY Original Page 34 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-0TOD RESIDENTIAL SERVICE OPTIONAL TIME-OF-DAY RATE D-0TOD AVAILABILITY Subject to the Terms and Conditions of the Tariff of which it is a part, this rate is for electric service in individual urban, rural and farm residences and apartments. Service under this rate is available at the customer's option to those customers who receive all of their electric service requirements here-under and who complete a written Application for Service and sign an Electric Service Agreement. Electric service for outdoor area lighting is available under Outdoor Lighting Servica Rate ML.
The Company will assist the customer in determining whether to take service under this rate; however, responsibility for the selection of the rate lies with the customer, and the Company does not warrant or represent in any way that a customer will save money by taking service under this rate.
This rate is not applicable to commercial purposes except as specified hereafter. Multiple use of service within the residence through one meter shall be billed in accordance with the predominant use of the demand. When wired for O
connection to the same meter, service under this rate shall include the resi-dence and connecting and adjacent buildings used exclusively for noncommercial purposes.
The use of single phase motors of 5 H.P. rating or less is permitted under this rate provided such use does not interfere with the quality of service ren-dered to other customers. Upon written application to the Company, the use of larger motors may be authorized where existing distribution facilities permit.
LIMITATIONS ON AVAILABILITY The availability of this rate to particular customers is contingent upon the availability of time-of-use meters and personnel to administer the rate, all as determined by the Company.
Because the Company's distribution system and customer service facilities have a limited electrical capacity, large and/or intermittent and irregular electrical loads can result in the overloading and damaging of said facilities and can adversely affect the quality of service to other customers.of the Con-pany. Therefore, service under this rate shall not be available where, in the
_[ }
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Eff ective: May 1, 1981
Title:
Executive Vice President
NHPUC NO. 24-A - ELECTRICITY Origins 1 Psga 35 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-0TOD O
Company's judgment, sufficient distribution system capacity and customer service facilities do not exist in order to supply the electrical requirements of the applicant unless the Electric Service Agreement provides for a suitable cash.
payment or a satisfactory revenue gua,rantee to the Company, or both. Further, in the event that a customer receiving service under this rate shall propose to materially increase the amount of electrical service required, the customer shall give the Company prior written notice of this fact, thereby allowing the Company to ascertain whether sufficient distribution system capacity and custo-mer service facilities exist to serve the proposed increased requirement. Where the capacity or facilities do not exist, the customer will not make the proposed increase until the Electric Service Agreement shall be amended to provide for a suitable cash payment or a satisfactory revenue guarantee to the Company, or both.
APPLICATION FOR SERVICE The Application for Service wil'1 be used by the Company in estimating the customer's electrical consumption by time of use.
Based on the information supplied by the customer, the Company will assist the customer in determining whether to take service under this rate.
C+
ELECTRIC SERVICE AGREEMENT G
The term of the Electric Service Agreement shall be one year, and shall continue thereafter until cancelled by one month's not*..- to the Company by the customer. The customer will not be permitted to change isom this rate to any other rate until the customer has taken service under this rate for at least twelve months. However, upon payment by the customer of a suitable termination charge, the Company may, at its option, waive this provision where a substantial hardship to the customer would otherwise result.
CHARACTER OF SERVICE Service supplied under this rate will be single phase, 60 hertz, alter-nating current, normally three-wire at a nominal voltage of 120/240 volts.
7.s s ued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Effective: May 1, 1981
Title:
Executive Vice President
NHPUC NO. 24-A - EI.ECTRICITY Original Page 36 PUBLIC SERVICE COPJANY OF NEW HAMPSHIRE Rate D-0TOD O
RATE PER MONTH (a) Customer Charge:
$4.85 per' month (b) Time-of-Use Meter Charge:
$2.50 per month (c) Energy Charges:
Per Kilowatt-Hour,
On-Peak Hours 8.15c Off-Peak Hours 3.70c The On-Peak Hours shall be the hours af ter 7:00 A.M. and before 10:00 P.M.,
EST (a ter 8:00 A.M. and before 11:00 P.M., DST), Monday through Friday. The Off-Peuk Hours shall be all hours not included in the On-Peak Hours.
CAPACITY CHARGE The Company's studies may show that, in order to more closely follow cost of service, it is necessary or desirable to utilize meters capable of measuring rate of taking of electric service in kilowatts. The Company may install such
()
meters either for all customers served under this rate or for only those custo-mers whose usage of electricity is uncharacteristic of this class. At any time, the Company may file a revision of the rate form and/or charges of this rate to provide for an appropriate capacity charge. Af ter such revision of this rate, any customer who is subject to higher billing under this rate will have the option of continuing to take service under this rate or to tcke service under any other rate of the Company's Tariff which may be available.
FUEL ADJUSTMENT All energy billed under this rate, including energy used for controlled water heating, shall be subject to a fuel adjustment as provided by Page 21 of the Tariff of which this rate is a part.
WATER HEATING - CONTROLLED Controlled off peak water heating service is available under this rate when such serv. ice is supplied to approved storage type electric water heaters having an off peak heating element with a rating of no more than 1,000 watts, or 20 watts per gallon of tank capacity, whichever is greater. The off-peak element
()
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Effective: May 1, 1981
Title:
Executive Vice President
l.
NHPUC No. 24-A - ELECTRICITY Original Page 37 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-0TOD O
shall be connected by means of an approved circuit to a separate water heating meter equipped with a time switch which makes energy available for 17 hours1.967593e-4 days <br />0.00472 hours <br />2.810847e-5 weeks <br />6.4685e-6 months <br /> each day.
Electricity used will be billed monthly as follows:
All kilowatt-hours
@ 3.29c per kilowatt-hour The storage capacity of all controlled water heaters installed hereunder af ter January 1,1979 shall be 80 gallons or more.
l l
ELDERLY CUSTOMER DISCOUNT l
Customers 70 years of age or older who are owners or renters of the*r prio-cipal residence or who normally pay a subst antial portion of the cost of main-taining their principal residence are eligable to receive an Elderly Customer Discount of ter n'rcent (10%) from bill amounts computed under the applicable provisions of rate (including the fuel adjustment charge and Customer Charge) for elt
.ic service used at their principal residence. The discount shall not apply to charges for service at locations served on a short-term basis, to charges under the provisions of this rate entitled " Service Charge",
or to minimum bills rendured pursuant to line extension guarantees.
To receive the discount a customer must complete and submit to the Company r'
the Application for 7.1derly Customer Discount. After audit and approval of the k)s application by e duly authorized agent of the Company, the Ccntony wi'l promptly m
change its billing records so that the discount will be applied to bills ren-dered thereafter.
CONJUNCTIONAL SIRVICE a
Conjunctional service is the use of electric service furnished hereunder in parallel with any other source of electric service. The customcr may take con-junctional service hereunder subject to the signing of a Residential Conjunc-tienal Service Agreement specifyfus such terms and conditions of interconnection and operation as the Company deems nece.sary to provide for proper metering and i
billing and to prevent personal injury, property damage, or interference with the electric service to other customers.
Isst May 6, 1981 Issued by:
W. A. Adams, Jr.___
Effective: May 1, 1981
Title:
Executive Vice President I
[
l l
a NHPUC NO. 24-A - ELECTRICITY Original Page 38 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE Rate D-0TOD SERVICE CHARGE When the Company establishes or reestablishes an electric service account for a customer at a meter location, a service charge will be made in addition to all other charges under this rate.
lae service charge will be $15.90 except when it is necessary for the Company to send an employee to the meter location outside of normal working hours to connect or reconnect service, in which case the service charge shall be $31.80.
~
METER MALFUNCTIGN AND NON-ACCESS In all cases of non-access er where the meter malfunctions, the Company reserves the right to estimate and render bills for all electricity consumed but not registered upon the basis of previous patterns of consumption, or upon the best infermation available.
METERS Under this rate, the Company will install ane or more meters at its option.
w-TE RMS The charges for service under this rate ar aet, billed monthly and payable upon presentation of bill. However, customers may elect to pay for all service rendered under this rate on a Budget Billing Plan available on application to the Company,
/ )
Issued:
May 6, 1981 Issued by:
W. A. Adams, Jr.
Effective: May 1, 1981
Title:
Executive Vice President
'[
INFORf/!ATION FOR ANTITRUST REVIEW OF OPERATING LICENSE APPLICATION FOR SEABROOK STATION Submitted by: Canal Electric Company Anticipated excess or shortage in generating capacity resources not a.
expected at the construction permit stage.
Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
Canal Electric Company (Canal) is an electric operating subsidiary a.
of Commonwealth Energy E'/ stem (the " System") (formerly New England Gas and Electric Association). Canal functims as a wholesale supplier to Cambridge Electric Light Company (Camb dge) and Commonwealth Electric Ccmpany (Commonwealth) (foreaerly New Bedford Gas and Edison Light Company).
Both Cambr,'dge and Commonwealth are primarily distribution companies and are also electric operating subsidiaries of the System.
Capability crecasts for these electric operating subsidiaries are developed on a composite basis.
./ hen the original license application for construction permit was made, March 30,1973, the System had a ten (10) year capability forecast for winter and summer capability periods from 1972-73 through 1981-82 based on the best information available at that time relative to forecasted peak loads, capability (both owned and planned purchases and sales) and required reserve percentages.
With this data it was possible to determine the System's capacity situation (excess or deficient).
This filing is planned for July of 1981.
The latest capability forecast covers the rariod from summer 1981 through winter and summer 1988-89. A copy of the 1981 Summer capability period as projected in March 1973 anc May 1981 is atta:hed as Exhibit A.
The major reasons for the differences between the two forecasts are as follows:
(i) The 1973 forecast was made based on actual 1972 data. Since the forecast was made prior to the oil embargo of 1973-74 at a time when load growth was high, the projected load growth estimate for the ten years of the forecast reflected the expected continued g rowth.
A much lower growth rate is presently forecast and therefore l
a large difference in the estimated peak load exists during summer 1981; i
I (ii) Lower required reserve percentages for the summer 1981 are now anticipated than in 1973; (iii) Various capacity re-ratings and retirements, capacity additions and slippage of planned nuclear capacity beyond the summer 1981 period have created a difference in net capability (capability after sales).
The differences outlined above and shown on Exhibit A have created a t
change in the capacity situation of the electric operating subsidiaries of the System, from a deficiency of 175 MW as projected in 1973 to an excess of 73 MW as currently estimated for the 1981 Summer capability period.
i l
f f
The presently estimated excess capacity has been offered for sale to all New England utilities.
(See response (h) below).
b.
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
(b) None Changes in transmission with respect to (1) the nuclear plant, (2) c.
interconnections, or (3) connections to wholesale customers.
(c) The electric operating subsidiaries of the System have entered transmission agreements as part of entitlement purchases of future generating units. These agreements provide for delivery of such entitlements to the system.
No additional transmission facilities or agreements have been required.
d.
Chanys in the ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
See pages 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented.
(d) Commonwealth was allocated an original entitlement share of Seabrook Units No.1 and 2 (the " Units") of 1.34927%. This entitlement was reduced from the initial request in the Units due to an over subscription.
Subsequently, Commonwealth has contracted to purchase an additional entitlement share of 2.1739% of the units from Public Service Company of New Hampshire which will increase its ownershlp entitlement to 3.52317%. The increased entitlement is being acquired to fulfill anticipated capacity obligations and to reduce the system's dependence on oil-fired generation.
Commonwealth's total entitlement share of the Units of 3.52317% will be transferred to Canal under provisions of a Capacity Acquisition Commitment dated September 25, 1980. Such Commitment was approved by letter order of the Federal Energy Regulatory Commission-("FERC") dated December 5,1980 in FERC Docket No. ER80802, Canal Electric Company rate schedule FERC No.
21 Supplement No.1.
e.
Changes in design, provisions, or conditions of rate schedules and reasons for such changes.
Rate increases or decreases are not necessary.
(e) None f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
(f)
Commonwealth has entered into short-term unit sales agreements with Vermont Marble Company and Massachusetts Municipal Wholesale Electric Company relative to wholesale bulk power sales.
g.
List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
(g) Commonwealth has an entitlement share of 1.530% of Boston Edison Company's Pilgrim Unit No. 2, whose date of commercial operation is currently undetermined.
h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
(h) Commonwealth has received offerings of capacity available for purchase during the summer 1981 capability period from the following companies:
Vermont Electric Power Company Eastern Utilities Associated Northeast Utilities New England Power Company Massachusetts Municipal Wholesale. Electric Co.
Fitchburg Gas and Electric Light Company Central Vermont Public Service Corporation As a result of these offerings, Commonwecith entered agreements with Northeast Utilities and Vermont Electric Power Company to purchase certain quantities of gas turbine and nuclear capacity respectively.
Commonwealth has offered excess capacity on its system for sale during the Summer 1981 capability period.
As a result of this offering, Commonwealth has contracted to sell intermediate oil-fired generating capacity to the following companies:
Vermont Marble Company Massachusetts Municipal Wholesale Electric Co.
1 I
L
1 i
Information for Antitrust Review of Operating License Application for Seabrook Station Exhibit'"A" May 28, 1981 March 13, 1973 l
1981 1981 Source Summer Source Summer j
Blackstone Street 22 Blackstone Street 19 4
Kendall Square 70 Kendall Square 70 Cannon Street 61 Cannon Street 77 l
Canal #1 568 Canal #1 572 Canal #2 292 Canal #2 280 i
C & V Diesels 14 C & V Diesels 14 Kendall Jets 48 Kendall Jets 48 i
Rowe Yankee 7
Rowe Yankee 8
l Connecticut Yankee 26 Connecticut Yankee 26 Vermont Yankee 12 Vermont Yankee 12 Maine Yankee 30 Maine Yankee 31 Pilgrim #1 74 Pilgrim #1 72 Wyman #4 9
Gas Turbine 24 N.U.
Gas Turbines 40 Brayton #4 50 Pilgrim #2 18 1
Total Capability 1 273 Seabrook #1 16 Sales to Others Total Capability 1 337 Boston Edison 142 Montaup 142 Sales to Others j
New England Power 142 Other 9
Boston Edison 143 d
Montaup 143 Total Sales 435 New England Power 193 Capability (After Sales) 838 Total Sales 479 4
]
Peak Load 639 Capability (After Sales) 858
}
Capability Responsibility 765 Peakload 850 Excess (Deficiency) 73 Capability Responsibility 1 033 Excess (Deficiency)
(175)
Probable Retirements 16
Information for Antitrust Review of Operating License Application for Seabrook Station-Submitted by:
New England Power Company Anticipated excess or shortage in generating capacity a.
resources not expected at the construction permit stage.
Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the' shortage will be obtained.
In late.1979, New England Electric System announced its long-range planning effort, NEESPLAN.
This plan was designed to reduce.our foreign oil use from 73% to 10% of our energy needs and keep our customers' electric energy costs to a minimum consistent with reliable electric service.
A major part of that plan involved heavy emphasis on load management and conservation.
The load management and conservation objective is to hold peak demand and energy growth to an average of no greater than 1.8% and 2.1% per year respectively.
NEESPLAN provides for 5300 MW of generating capacity consisting of existing capacity plus our committed Joint-Ownership share in four nuclear units and 200 MW from alternate energy sources.
This system could supply a peak load of 4400 MW assuming a 20% reserve obligation.
Under NEESPLAN, it is presentl expected that peak demand will not reach 4400 MW until after 1 99 New England Power Company, a wholly-owned subsidiary of New England Electric System, will continue to be~ active in the marketplace offering both long and short-term unit contract sales to other utilities as long as our generating capacity exceeds our capability responsibility in the New England Power Pool and as long as these contracts can be negotiated to benefit our customers.
l b.
New power pools or coordinatino groups or changes in structure, activities, policies, practices, or membership of power j
pools or coordinating groups in which the licensee 'as, is, or will w
i be a participant.
None.
l c.
Changes in transmission with respect to (1) the nuclear i
plant, (2) interconnections, or (3) connections to wholesale customers, i
The necessary changes in the transmission system to accommodate the interconnection of the Seabrook Units are included as part of the project and are:
I i
f'
~
- 2. -
345 kV line, including terminal facilities - Seabrook to Londonderry, N.H.
1 345 kV line, including terminal facilities - Seabrook to Tewksbury, MA.
1 345 kV line, including terminal facilities
.Seabrook to Newington, N.H.
No changes are required in the' connections to wholesale customers to transmit power from the Seabrook Units to said customers.
d.
Changes in the ownership or contractual alloc$ tion of the output of the nuclear facility.
Reasons and basis for such changes should be included.
See pages 1-4 of General Information as to Applicants in'FSAR
'which describes the ownership modifications which have occurred or are being implemented.
I e.
Changes in design, provisions, or conditions of rate i
schedules and reasons for such changes.
Rate increases or decreases are not necessary.
Since the date of original submission, New England Power Company has revised its wholesale tariff provisions in three substantive respects, as follows:
i 1.
In 1974, New England Power Company added tariff provisions to provide an additional type of service to its tariff.
This service - entitled Composite NEPOOL Participation, Partial. Requirements Service - provided'the terms and j
conditions under which customers could become composite members in'NEPOOL with the Company.
This service terminated by agreement on 11/1/76.
2 2.
In 1975, New England Power Company amended its tariff to i
provide for a seven year notice of termination of service due to the longer lead time involved in'the construction of l
new facilities, t
3.
Also in 1975, New England Power Company added another type service to its tariff entitled Contract Demand Service.
This service provided the terms and conditions under which wholesale customers could become self-standing members in NEPOOL and continue to purchase a portion of their firm power requirement from NEP through October of 1981.
i f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licencee's acquisitions or mergers.
i e
i i
4
., _, _. _. _,.. -. _ _. _ _ _. ~. -.
. The Town of Wakefield, Massachusetts, is the only ne'w wholesale customer of New England Power Company added since our last submission.
Twenty customers have transferled from either all-requirements or partial requirements service first to Composite NEPOOL Participation and then to Contract Demand Service.
There have been no changes to New England Power Company's service territory and no acquisitions or aergers.
1 g.
List of those generating capacity additions committed for operation after the nuc] ear facility, including ownership rights or power output allocations.
New England Power Company has a Joint Ownership interest in the following nuclear units committed for operation after the Seabrook nuclear facility.
NEP Share Unit Size (MW)
MW Millstone Point No. 3 1150 12.205 140.36 Pilgrim Nc 2
1150 11.16 128.34 h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
New England Power Company has from time to time made general offerings of capacity to all NEPOOL Participants on a fair and nondiscriminatory basis.
In addition, New England Power Company has entered into unit contract sales with NEPOOL Participants and nonparticipants based on their oral or written expressions of interest in specific types of capacity which it was willing to negotiate and sell to the benefit of our customers.
i 1
e i
i r.n
, - ~, -,., -.. -.,, - - -,,,.,,,. -..,. -,.,
---+,-,_..,--.-,~--...n.
---n,
~
INFORMATION FOR ANTITRUST REVIEW OF OPERATING LICENSE APPLICATION FOR SEABROOK STATION SUBMITTED BY: TOWN OF HUDSON LIGHT & POWER DEPARTMENT Anticipated excess or shortage in generating capacity a.
. resources not expectedJat the~ construction permit stage.
-Re a sons -
for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
No anticipated excess or shortage in generating capacity resources not expected at the constructior permit stage.
- b. New power pools or coordinating group's or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
None Changes in transmission with respect to (1) the nuclear c.
plant, (2) interconnections, or (3) connections to wholesale customers.
No changes in transmission with respect to (1) the nuclear plant (2) interconnections, or (3) connections to wholesale customers related to this Department.
d.
Changes in the ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
Since the filing of the original License Application for the Construction Permits for the Units (filed March 30, 1973) and the-original execution of the Joint Ownership Agreement, there have been several transactions affecting the ownership allocation of the Units.
As of the date of preparation of this material (May, 1981), the fifteen participants and
'their Actual Ownership Shares are as follows:
Participant Ownership Share Public Service Company of New Hampshire 50.00000%
The United Illuminating Company 17.50000 New England Power Company 9.95766 Central Maine Power Company 5.04178 Central Vermont Public Service Corporation 1.59096 Fitchburg Gas and Electric Light Company 0.60432 Montaup Electric Company 1.89989
Commonwealth Electric Company (formerly New Bedford Gas and Edison Light Compa./)
1.34927 The Connecticut Light and Power Company 4.05985 Town of Hudson, Massachusetts Light and Power Department 0.05780 Vermont Electric Cooperative,.Inc.
0.41259 Bangor Hydro-Electric Company 0.37249 Taunton Municipal Lighting Plant Commission 0.10034 Massachusetts Municipal Wholesale Electric Company 5.59249 Maine Public Service Company 1.46056 100.00000%
There are certain other proposed transfers which, as of the date of preparation of this material, are either awaiting final regulatory approval or are in the 1.ocess of being implemented.
There is a pending transfer by Commonwealth Electric Company of its entire.. interest-to its' affiliate, Canal Electric. Company,-which transfer has been approved by the Massachusetts Department of Public Utilities (Mass D.P.U.) and the New Hampshire Public Utilities Commission (NHPUC) but awaits final Commission approval.
There are also the proposed transfers by Public Service Company of New Hampshire of an aggregate of 14.76503% Ownership Shares to other participants as follows:
Additional Participant Ownership Share Massachusetts Municipal Wholesale Electric Company 6.00091%
Commonwealth Electric Company 2.17390 Bangor Hydro-Electric Company 1.80142 Montaup Electric Company 1.00000 CentraleMaine Power Company 1.00000 Taunton Municipal Lighting Plant Commission 0.33445 Town of Hudson, Massachusetts Light and Power Department 0.01957.
r
-.--w.-,
y 7
m
_.-,,-r.
New Hampshire Electric Cooperative, Inc.
2.17391 Fitchburg Gas and Electric Light Company 0.26087 14.76503%
These transfers have been approved by the Commission and have received the requisite approvals of the Mass DPU anc NHPUC.
Except for MMWEC, Taunton and the NH Coop (which are still awaiting financing or_other approvals), the Adjustment Period as to each such adjustment commenced on January 31, 1981.
It is anticipated that all the above transfers will be completed prior to the issuance of the Operating License.
Therefore, the Operating License for the Units would reflect participations as follows:
Participant Ownership Share Public Service Company of-New Hampshire 35.23497%
--~ - - - -
The United Illuminating Company 17.50000 Central Maine Power Company 6.04178 Fitchburg Gas and Electric Light Company 0.86519 Montaup Electric Company
'2.89989 New England Power Company 9.95766 Central Vermont Public Service Corporation 1.59096 Canal Electric Company 3.52317 The Connecticut Light and Power Company 4.05985 New Hampshire ~ Electric Cooperative, Inc.
2.17391~
Town of Hudson, Massachusetts Light and Power Department 0.07737 Vermont Electric Cooperative, Inc.
0.41259 Massachusetts Municipal Wholesale Electric Company 11.59340 Maine Public Service Company 1.46056 Bangor Hydro-Electric Company 2.17391-Taunton Municipal Lighting Plant Commission 0.43479 I
100.00000%
Changes in design, provisions, or cend_tions of rate e.
schedules and reasons for such changes.
"de.ncreases or decreases are not necessary.
None 1
f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, 4.ncluding copies of schedules not previously furnished, (3) chnace in licensee's service area, and (4) licensee's acquisitions or mergers.
l None
(
' ~ ~ ~ ~ ~
~~
~ ~
- f
g.
List of those generating capacity additions committed for operation after the nuclear. facility, including ownership rights or power output' allocations.
l YEAR UNIT MW SHARE
{
1986 Milstone #3 1.214 MW
.1989 Pilgrim.#2 7.224 MW 1989 Sears Island 6.0 MW Each of these units are acquired through MMWEC power supply contracts, or direct purchase.
l h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
i None I
i i
i i
i k
i.
4 4 t
Information for Antitrust Review of Operating License Application for Seabrook Station i.
1 Submittted by:
Bangor Hydro-Electric Company l
Anticipated excess or shortage in generating capacity r
a.
resources not expected at the construction permit stage.
Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortgage will be obtained.
Response
Bangor Hydro is expecting to enter into a'nine-year purchased j
power contract with the New Brunswick Electric Power Commission for the purchase of capacity and energy from New Brunswick's Pt.
LePreau nuclear unit.
The contract will commence.when the unit, now 95% complete, becomes operational (early 1982).
With the Pt. LePreau purchase, Bangor Hydro expects to have excess capacity of 65 MW in 1981-82, 70 MW in 1982-83, and 60 MW j
in 1983-84.
Despite its excess position, Bangor Hydro is entering into the Pt. LePreau purchase in order to displace l
oil-fired generation.
)
In power year 1984-85, the currently anticipated first year of operation of.Seabrook 1, Bangor Hydro anticipates excess I
capacity of 51 MW.
In power year 1986-87, when Seabrook 2 comes on line, Bangor Hydro anticipates excess capacity of 39 MW.
Again, the excess capacity is oil-fired generation which the Company is attempting to displace.
Much of this capacity is from a purchased power. contract with Boston Edison Company which increases to as high as 95 MW in 1983.
This contract terminates in 1984.
i l
The reason for the Company's current excess capacity position is a reduction in the rate of growth anticipated at the. time the commitments were made.
8 b.
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of-power pools or coordinating groups in which the licensee was, j
is, or will be a participant.
Response
I None.
i I
l i
_.-_,._.-_s_
- ~,, _.
_.. _. _. _..... _ -.,,... _. -. -...., _. ~.. -,
c.
Changes in transmission with respect to (1) the nuclear plant, (2) interconnections, or (3) connections to wholesale customers.
Response
None d.
Changes in the ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
Response
See pages 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented.
e.
Changes in design, provisions, or conditions of rate schedules and reasons for such changes.
Rate increases or decreases are not necessary.
Response
In December 1980 Bangor Hydro filed with the Federal Energy Regulatory Commission for an increase in its federal jurisdictional rates.
A negotiated settlement is currently pending approval of the Commission.
The new rates will include a change in the.
demand ratchet from one which is based upon prior billing demand to one which is based upon prior actual demand.
This change was sought by the intervenor wholesale customers and agreed to by Bangor Hydro.
Also included in tha new FERC rates is a late payment charge based upon Bangor Hydro's short-term interest costs.
This charge was instituted to compensate Bangor Hydro for carrying overdue balances.
In February 1980 Bangor Hydro filed with the Maine Public Utilities Commission for an increase in its retail rates.
Included in that filing was a comprehensive updating of the Terms and Conditions se,ction of the Company's tariffs, including a re* ail late payment charge.
The Maine Commission commenced a ratu design investigation to address several issues in a compre-hensive manner, and the new Terms and Conditions proposed by the Company were included in that investigation.
The proceeding is still pending, and no new Terms and Conditions have been implemented.
i l r
l
f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
Response
None.
g.
List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
Response
Bangor Hydro has no generating capacity commitments scheduled for commercial operation after the nuclear facility.
Bangor Hydro expects to develop some additional hydro generation along the Penobscot River, but no specific projects have yet been decided upon.
h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
Response
~
Bangor Hydro periodically receives inquiries from other New England utilities concerning possible participation in jointly-owned generating facilities.
More recent inquiries include participation in Northeast Utilities' Millstone III, Boston Edison Company's Pilgrim II, New England Gas and Electric Association's Canal 3, and Central Maine Power Company's Sears Island coal unit.
Bangor Hydro has no present plans to participate in any of the above units, but the Company monitors the progress of each and may seek to participate in the future.
Bangor Hydro has been contacted by several developers of potential qualifying small power production facilities under the Public Utilities Regulate,ry Policies Act of 1978 (EURPA).
For any such facilities that 2re constructed, the Company expects to negotiate rates for the Im_ chase of energy from the facility.
In the event such negotiations are unsuccessful, the Maine Public Utilities Commission has recently promulgated rules governing the establishment of such rates..
n.
y
,. _.. - ~.
4.
Information for Antitrust Review of Operating License Application for Seabrook Station
['
Submitted by:
Fitchburg Gas and Electric Light Company Anticipated excess or shortage in generating capacity resources not a.
expected at the construction permit stage.
Reasons for the excess or shortage '
along with data on how the excess will be allocated, distributed, or otherwise utilized oc how the shortage will be obtained.
FG&ELCO Lcads and Capacity 1983-1986 Winter Peak are as follows:
Peak Load Capacity Ycar bM bM T9FJ 74.6 93.4 1984 75.7 102.3 1985 76.4 99.2 1986 77.1 71.5 The loss of capacity in the winter 1986 results from the terrnination of a system contract with the Bostan Edison Company. Under study to meet the deficiencies after 1986 are: (1) Extend the Boston Edison Contract, (2) reactivate a 23 hiW steam unit currently in deactivated reserve, (3) make our combustion turbine a combined cycle unit, (4) consider the cogeneration plant currently under study and mentioned under (h),
(5) combinations of above and also including any economical, low head
((~),
hydro which may be negotiated and/or other alternate energy sources which may develop. As a participant in NEPOOL, FG&ELCO has access to other short or long-term contracts for the purchase or sale of capacity and energy from the other participants which will rectify any excesses or deficiencies in generating capacity which may occur from time to time.
b.
New power pools or coordinating groups or changes in structure, activities, pollctes, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participut.
None.
Changes in transmission with respect to (1) the nuclear plant, c.
(2) interconnections, or (3) connections to wholesale customers.
No changes to the FG&ELCO transmission system or interconnections with other systems are required.
d.
Changes in the' ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
See pages 1-4 of General Information as to Applicants in FSAR C
which describes the ownership modifications which have occurred or are being implemented.
Page 2
['
Char.ges in design, provisions, or conditions of rate schedules e.
and reasons for such changes.
Rate increases or decreases are not necessary.
There have been no changes in design provisions or conditions of rate schedules.
f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
1)
None 2)
See a. ached Rate Schedules a) Elderly b) Optional Time-of-Use, Residential and Commerciel 3)
None 4)
None g.
List of those generating capacity additions committed for operation
{v after the nuclec: 'acility, including ownership rights or power output allocations.
4 FG&ELCO has the following joint cwnership commitments after Seabrook Units 1 and 2:
i Boston Edison Pilgrim l' nit 2 - 0.19%, 2.19 MW Northeast Utilities Millstane Unit 3 - 0.217%, 2.50 MW h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
FG&ELCO has acquired additional joint ownership interest in Seabrook Units 1 &2, 0.43332% interest from Ccnnecticut Light and Power and 0.26087%
from Public Service Company of New Hampshire, making a total ownership of i
0.87519% as outlined in the information as to applicants.
Several other offers for transfer of ownership shares in Seabrook Units 1 & 2, Millstone Unit 3 and Pilgrim Unit 2 by varlot.s entitites have been rejected by FG&ELCO.
FG&ELCO has had discussions with various developers of low head hydro generation facilities but to date have not r.egotiated a contract with any.
g-A preliminary feasibility study of a joint cogeneration plant with '
two local paper companies and with the participation of the Massachusetts Executive Office of Energy Resources is currently being made.
-v
,m
-.-,__,~-.,_,.c
M.D.P.U. No. 246 P',
Shest 1
, d,-
/
FITCIIBURG CAS AND ELECTRIC LIGliT COMPANY 7
a COMMERCIAL SERVICE OPTIONAL TI!!E-OF-USE RATE C AVAILABILITY Service is available under this rate at single locations to Ccc=er-cial custccers, subject to the availabili y of tire-of-use meters, when electricity is used for their exclusive use and not for resale.
CHARACTER OF SERVICE Continuous, 60 Hert=, Alternating Current, single or three phase service at various voltages, both to be designated by the Company.
RATE - MONTHLY Custoner Cha ce - $22.50 per c.onth
_Dera".d Charte Peak Monthcw On peak hours $7.95 per KW Off peak hours $2.04 per KW Off Peak Months
- On peak hours $6.73 per KW Off peak hours $2.04 per KU
_Encrey Charce
.24c per 13CI during all hours Meter Char 2e (Time-of-Use Meter)
(a) Single phase service $4.50 per month (b) Poly phase service $5.25 per menth
- Pesk !!anths (December, January, Feb ruary, June, July, Augus t Sep tecber)
Off Peak Months (March, April, May, October, November)
PEAK AND OFF PEAK llCURS, For billing purposes, the en peak hours are 9 :00 a.m.
to 9 :00 p.m.
each week dcy eastern standard tice.
Off peak hours are 9 :00 p.m.
to 9:00 a.m. cach week day and al_ hours on Saturday and Sunday eastern standard ti=c.
\\
~
Issued: January 17, 1979 Ef f ective : February 1,1979
f f.
t.D.P.U. No. 246 Shret 2 q,
FITCH3URG CAS AND ELECT 2IC LIGHT CO)G'A!.T f-CO:OERCIAL SERVICE OPTIONAL TI!2-OF-USE RATE C DETEPJIINATION OF BILLING DE392;D The ceca :d for billing purposes during both the en peak and off peak hours shall be the maxinue 15 minute intergrated Kti de=and deter-mined during the month. Houever, the billing demand during on peak hours shall not be less than 807: of the caxi=um K;J demand established during any of the i= ediately preceding eleven conths during the on peak hours.
MINI!1':1 CHARGE The mini =um charge each month shall be the sum of the custo=er charge and the meter charge.
COST OF FUEL ADJUSTMENT The provisicns of the Company's Cost of Fuel Adjusteent, Schedule F, apply to electricity sold under this rate.
PAYMENT Bills are net and due upon presentation.
TEF2! 0F CONTRACT The tera of contract under this schedule shall be for an initial period of at least one year, and shall continue in effect thereafter until cancelled by either party upon at least 30 days' written notice.
_ RULES AND REGULATICNS The Co pany's Rules and Regulatiens in effect frem time to time, where not inconsistent with any specific provisions hereof, are a part of this schedule.
(
Issued: January 17, 1979 Effective: February 1,1979
M.D.P.U. No. 245 Sh:st 1
{
FITCH3U2G CAS M?D ELECTRIC LICHT COMPA::Y RESIDE::TIAL SERVICE OPTIONAL TI!5-OF-U3E RATE R AVAILABILITY Service under this rate is available, on an optional basis, for all denestic purposes in individual private dwellings subject to the avail-ability of time-or-use neters.
~
CHARACTER OF SERVICE 120/240 volts, three wire, single phase service.
RATE - MONTHLY Custorer Charme - $7.50 per conth Ener2y Charce Peak Months
- On peak hours 7.07c per KWH Off peak nours 1.25c per KWH Off Peak Months
- On peak hours 5.81c per KWH Off peak hours 1.25c per KWH Meter Charte (Time-of-Use Meter) - $3.15 per month
- Peak Months (December, January, February, June, July, August Sep tembe r)
Off Peak Months i.: arch, April, May, October, Novecber)
PEAK A'iD OFF PEAR HOURS For billing purposes, the on peak hours are 9 :00 a.m. to 9 :00 p.m.
each week day eastern stancard time.
Ott peak hours are 9 :00 p.m.
to 9:00 a.m.
each week day and all hours on Saturday and Sunday eastern standard time.
MII:I!'D! CHARCE The minimus charge shall be $10.65 per conth. However, if in any month, no use of electricity is recorded, no bill will be rendered.
_ COST OF FUEL ADJUST *T::T The provisions or the Co pany's Cost of Fuci Adjus t. _ r.t, Schedule F,
apply to electricity sold under this rate.
Issued: Janua ry 17, 1979 Effective: February 1,1979
s' M.D.P.U. No. 245 Sheet 2 g
FITCF3 CRC CAS M?D ELECTRIC LIGHT COMPM."t RESIDENTIAL SERVICE OPTIC!AL TIME-OF-USE RATE R PAY:2::T Bills are net and due upon presentatien.
TE?N OF CONTMCT The ters of contract under this schedule shall be for an initial period of at least one year, and shall centinue in effect thereafter until cancelled by either party upon at least 30 days' written notice.
RULES AND REGULATIONS The Cc=pany's Rules and Regulations in effect frctt time to tite, where not inecusistent with any specific provisiens hereof, are a part of this schedule.
Q Issued: January 17, 1979 Effective: Feb ruar/ 1, 1979
M.D.P.U. No. 248 Cancelling M.D.P.U. No. 247 Set l f
FI'ICHBURG GAS AND ELK.TRIC LIGHT CD4 PAW SENIOR CITIZEN RESIDENTIAL SERVICE SCHEDULE A-SC AVAILABILITY Service is available under this rate for all domestic purposes at individual private dwellings and in individual apartments and includes the operation of single phase motors not exceeding 5 horsepower in any one motor and having such characteristics and so operated as not to impairs service to other customers.
To qualify for this rate, the customer must be at least 65 years of age, must be living in a home or apartment oaned or rented in the name of the applicant, and must meet income guidelines set forth by the Massachusetts Emergency Crisis Assistance Program in its fuel assistance plan.
'Ibe local Council on Aging office will bandle verification that a customer meets all the necessary criteria.
~
' Ibis schedule is not available for an alternate or seasonal home and is not available for service furnisbed for corJnercial or business purposes.
CHARACTER OF SERVICE 120/40 volts, three wire, single phase service will normally be supplied.
In some areas service may be 120/208 volts, single phase, three wire.
RATE - M0h'1BLY First 15 DB or less
$3.44
~~Next 35 "
2.60g per DE Next 50 "
2.36Q Next 100 2.04 Next 200 1.734 Next 350 4.34c Excess 750 3.174 "
Water Heating and/or Space Heating If a douestic customer has permanently installed and in regular operation throughout the entire year (1) a Company approved electric water beater which is used for bis entire water beating requirements and/or (2) Company approved electric space beating equipment of at least 2 kilontts capacity which is the sole source of beat in the area being beated electrically, then upon application by the Customer all electricity in excess of the first 400 DB per month will be billed as follows:
Next 1,100 DB 3.176 per DB Over 1,500 2.33l N
Issued: July 31,1980 Effective: August 7, 1980
M.D.P.U. No. 248 Cancelling M.D.P.U. No. 247 Sheet 2
)
FITCHBURG GAS AND ELECTRIC LIGirr COMPANT SENIOR CITIZEN RESIDENTIAL SERVICE SCHEDULE A-SC RATE - MO.VIlfLY (continued)
An approved water beater, as specified in the Company's applicable water beating requirement standards, must have its beating units so connected and interlocked that they cannot operate simultaneously. 'Ibe Company reserves +be right to limit the operating boars of the beating element (s).
MINIMUM CHARGE If electricity is billed as set forth under RATE, the minimum charge shall be $3.44 per month. However, if in any nunth, no use of electricity is recorded, no bill will be rendered for that month if the payments during the preceding twelve months equal or exceed $9.00.
CDST OF FUEL ADJUSTMENT
'Ibe provisions of tne Company's Cost of Fuel Adjustment,. Schedule F, apply to electricity sold under this rate.
j PAYMENT Bills are net and due upon presentation.
RULES AND RB3ULATIONS
'Ibe Company's Rules and Regulattens in effect from time to tine, sbere not inconsistent with any specific provisions bereof, are a part of this schedule.
)
Issued: July 31,1980 Effective: August 7, 1980
I ORGANIZATION AND CONTROL
- ~'
(a) Name of Applicant Fitchburg Gas and Electric Light Company (FG&ELCO)
(b) Address of Applicant 120 Royall Street Canton, Massachusetts 02021 (c) Description of Business of Applicant FG&ELCO, incorporated in 1852, is an operating public utility providing electric and gas service to the communities of Fitchburg, Lunenburg, Townsend and Ashby and gas service to the communities of Gardner and Westminster. The service area encompasses appcoximately 170 square miles in north central Massachusetts.
(d) Corporate Organization r'
FG&ELCO is a corporation organized under the laws of Massa-chusetts. As of December 31, 1980, FG&ELCO had 2,424 domestic shareholders owning 558,477 common shares and 0 foreign share-1 holders owning 0 common shares.
(e) Corporate Officers and Directors The names of FG&ELCO's directors and principal officers are as follows:
Name Officers:
Charles H. Tenney, II Howard W. Evirs, Jr.
Frank L. Childs David K. Foote Edward D. McKenzie Angela P. Carlson William D. MacGillivray Directors:
Phillip H. Bradley Richard L. Brickley Howard W. Evirs, Jr.
John Grado, Jr.
\\,_
Thomas W. Sherman Robert V. Shupe Charles H. Tenney II Robert L. Ware
..--.n-
.n.,
~.. --.
All of the directors and principal officers of FG&ELCO are citizens of the United States of America. FG&ELCO is not owned, controlled or donimated by an alien, foreign corporation or foreign government.
II FINANCIAL QUALIFICATIONS Under the Joint Ownership Agreement, FG&ELCO is responsible for its Ownership Share of the operation and maintenance cost of the Units which, when the pending transactions described herein have been consummated prior to commercial operation, will be.86519% of those costs, and a similar percentage of the ultimate cost of decommissioning the Units.
Based upon the estimates set forth above under Part IV of the General Information, FG&ELCO's sha're of these costs should amount approximately to $1,300,000 and $1,300,000 for the first C
five years of operations of Units 1 and 2, respectively; and approximately $360,000 to $740,000 for the decommissioning of the two Units.
In addition, FG&ELCO's share of fuel expenses 4
during the period would be $4,400,000.
As evidence of its financial qualifications to meet those costs, FG&ELCO submits herewith:
(i) 1980 Annual Report to Stockholders (Exhibit D-1)
(ii) 1980 Annual Report on Form 10-K (Exhibit D-2)
(iii) 1981 Quarterly Report on Form 10-Q (Exhibit D-3)
(iv)
Prospectus, Dated June 16, 1981, relating to 125,000 shares of its Common Stock, $10 Par Value.
\\,
k
III REGULATORY AGENCIES AND PUBLICATIONS
?
(a) Regulatory Agencies The following regulatory agencies have jurisdiction over the rates and services of FG&ELCO.
Department of Public Utilities 100 Cambridge Street Boston, Massachusetts 02202 Federal Energy Regulatory Commission Washington, D.C. 20426 (b) Publications The following trade and news publications are used by FG&ELCO for official notifications, and/or are otherwise appropriate for notices regarding this unit:
Fitchburg-Leominster Sentinel and Enterprise 808 Main Street Fitchburg, Massachusetts 01420 1
Worcester Telegram & Gazette 580 Main Street Fitchburg, Massachusetts 01420 Montachusett Review 214 Lunenburg Street Fitchburg, Massachusetts 01420 Townsend Times-Free Press 4 Railroad Square East Pepperell, Massachusetts 01437 Gardner News 309 Central Street Gardner, Massachusetts 10440 Boston Globe Boston, Massachusetts i,
4
~.
Jp'-
4 Information for Antitrust Review of Operating License Application for Seabrook Station submitted by: Massachusetts Municipal Wholesale Electric Company (MMWEC)
Anticipated excess or shortage in generating capacity resources not a.
expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
Shortages in generating capacity anticipated at the time of construc-tion permit review have been partially alleviated by actual and ex-pected reductions in the rate of growth of peak demand. MMWEC's power supply requirements are reviewed on a continuing basis and modifications are made through adjustment of ownership in generating units planned or under construction and through contracts for purchase or sale of capacity and energy in generating units available for operation.
b.
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or C
coordinating groups in which the licensee was, is, or will be a participant.
None.
c.
Changes in transmission with respect to (1) the nuclear plant, (2) l interconnections, or ( i) connections to wholesale customers.
None.
d.
Changes in the ownership or contractual allocation af the output of the nuclear facility.
Ressens and basis for such changes should be included.
f See pages 1-4 of General Information as to Applicants in FSAR which l
describes the ownership modifications which have occurred or are being implemented.
Changes in design, provisions, or conditions of rate schedules'and rea, sons e.
l for such changes.
Rate increases or decreases are not necessary.
{
l Not applicable to MMNEC.
l l
(s l
l l
l l
f.
List of e'l (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's.'equisitions or mergers.
Since its creation in 1976, MMWEC's membership has increased to'a total of 32 Massachusetts municipal electric systems. A.Rhode i
Island municipal electric system'is also participating in MMWEC on a contract basis.
g.
List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
Millstone Unit No. 3 4.799% Ownership ( 55.2 MW)
Pilgrim No. 2 13.240% ownership (152.3 MW)
Sears Island Coal Unit No.1 13.896% Ownership ( 78.9 MW) h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, i
for any type of electric service or cooperative venture or study.
r i
Any Massachusetts city or town having a municipal' electric system may
}
become a member of MMWEC by acccpting the required enabling legislation and making application for membership to the MMWEC Board of Directors.
All applications for membership have been promptly accepted by the i
MMWEC Board.
In addition, the Beard of Directors has authorized the execution of a Service Agreement with Pascoag Fire Distrtet, Rhode Island.
i i
i V-
' i I
]
q Information for Antitrust Review of Operating License Application fr for Seabrook Station Submitted by: The Connecticut Light and Power Company
- Question A Anticipated excess or shortage in graerating capacity resources not expected at the construction oermit stage. Reasons for the excess or shortage along with data on how the excess will be sllo-cated, distributed, or otherwise utilized or how the shortage will be obtained.
Response
The Connecticut Light and Power Company's ("CL&P") generating capacity resources are shared with and allocated among all of the Northeast Utilities system (the " System") companies pursuant to a FERC-accepted generation and transmission agreement ("G&T Agreement").
Currently the System has approximately 6000 MW of generation capacity of which nearly half is oil-fired. Nuclear, hydroelectric, and pumped storage capacity comprises the remainder. With peak loads occuring somewhat above the 4100 MW level, system reserves are currently 45% and are expected to be in the 35%-48% range over the next ten years.
C, Since 1973, when CL&P last filed information for the Seabrook Units at the construction permit stage, the Arab oil embargo and other cost-increasing factors have caused a dramatic reduction in load growth from what had been forecasted in 1973.
It must be considered, however, that most or the System's excess capacity is oil-fired, and continued reliance on such capacity may not be in the best interest of ratepayers because of its high cost and the danger of interruption to fuel supplies. The excess capacity is presently allocated to CL&P and the other System companies pursuant to the G&T Agreement, and selected retirements of units have been made when economic. Since 1971 the System companies have made sales of capacity to utilities in New England and New York state.
Question B New power pools or coordinating grot 7s or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
Response
None L
- Answers supplied to question B and D by Public Service Supply Company of New Hampshire, the Lead Participant in the Seabrook Station.
~
v
-,-n, e-.
(~
Question C Changes in transmission with respect to (1) the nuclear plant, (2) interconnections, or (3) connections to wholesale customers.
Response
CL&P, together with the other System companies, is continually engaged in a program of improving and upgrading its transmission
^
system to better meet loads, the delivery of energy, and to meet regional and corporate reliability criteria. This program does not specifically affect the Seabrook Units, and, subsequent to CL&P's 1973 Antitrust submission, this program has not resulted in signifi-cant changes in interconnection policy or policy with respect to commitments with wholesale cutomers.
Question D Changes in the ownership cr contractual allocation of'the
~
output of the nuclear facility. Reasons' and basis for such changes should be included.
Response
See pages 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented.
Question E 1
Changes in design, provisions, or conditions of rate scheut.ies and reasons for such changes. Rate increases or decreases are not necessary.
Response
CL&P filed in 1972 a new rate form which provided it's wholesale customers with several options as to the basta on which they could take service in the future.
In 1974, CL&P filed a revised wholesale rate form which included various optional arrangements for total or partial requirements. Again in 1975 and in 1978 revised rates were filed. The 1975 rate designated R-3 has been approved for revenue requirements and CL&P is awaiting approval of the compliance filing.
The 1078 rate filing, designating the rate as R 4, F.came effective subject to refund on February 1,1979.
CL&P negotiated a revenue-level settlement with respect to all issues other than rate design and price squeeze. The revenue-level settlement was approved by the FERC on May 5,1980, retroactive to February,1979, as an interim measure pending resolution of contested issues, and continued in effect until February 19, 1981.
~
w g-A hearing on rate design was held in 1980, and the Commission's Order was issued in 1981. CL&P's rate design filing tr comply with that Order is pending Commissian acceptance. Wallingford and Norwalk 2nd and 3rd Taxing Districts have indicated their intention to appeal the Commission Order. Further proceedit.gs on price squeeze are not expected to take place until any appeal from the Commission's rate desigu Order has been resolved.
Throughout the period from 1973 to present, wholesale rates have been designed to accomplish two objectives:
(1) rates were designed to recover the cost of service to wholesale customers; and (2) rate structure was developed to permit wholesale customers to reasonably assess the economics of numerous alternative supply arrangements which were available in the region including self generation, purchase of entitlements in generating units pursuant to unit contracts, pool member-ship, peak shaving, etc.
Retail rates have similarly been designed to recover costs and to provide appropriate price signals.
Question F List of all (1) new wholesale customers, (2) transfers from s
one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
Response
(1) Effective October 1, 1980, The Connecticut Municipal Electric Energy Cooperative (CMEEC) began taking service on the R-4 rate and Groton, Jewett City and Norwich, all CMEEC participants, terminated service from CL&P.
(2) No existing wholesale customers were transferred from one rate schedule to another. However, the schedule for wholesale customers has evolved to the present R-4 rate schedule.
Copies of CL&P's R-2, R-3 and R-4 rate schedules, the interim R-4 revenue-level settlement rate and the rates filed in compliance with the Commission's R-4 order on rate design, presently pending acceptance by the Commission are attached as Exhibit 1.
The pending filing provides two rates, one for total requirements service and one for partial r quirements service. However, all of the customers have elected to take partial requirements service.
l (3) There has been no change in the CL&P service area.
I (4) There has been no acquistion or merger by CL&P.
L i
4 -
g.
Question G List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
Response
CL&P currently has only one committed generating capacity addition on or af ter the scheduled in-service date of Seabrook Unit No. 2:
UNIT CL&P UNIT SIZE OWNERSHIP TYPE Millstone Unit No. 3 1150 MW 396.2 MW Nuclear Question H Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
Response
In response to this question, CL&P has focused primarily on developments occuring after the 1973 construction permit application responses for the Seabrook Units were filed. CL&P, The Hartford Electric Light Company ("HELC0"), Holyoke Water Power Company
("HWP"), Holyoke Power and Electric Company ("HP&E") and Western Massachusetts Electric Company ("WMEC0"), individually or in cooper-ation with each other, have become participants in, or continued, a great variety of arrangements with adjoining systems and with other bulk power suppliers in New England and New York state. These have included capacity and transmission arrangements with The United Illuminating Company ("UI") in Connecticut, arrangements between WMECO and New England Electric System ("NEES") subsidiaries for the supply of NEES service areas in western Massachusetts, arrangements covering new transmission interconnections, the Connecticut Valley Electric Exchange (" CONVEX") and the New England Power Pool ("NEP00L")
arrangements, arrangements covering sales, purchases and exchanges cf capacity, the arrangements covering the proposed jointly owned Millstone Unit No. 3, and new arrangements for service to CMEEC.
Within Connecticut, CL&P has continued to supply transmission service to various UI service areas which are adjacent to CL&P's service area.
In addition to various transmission interconnections with UI, HELCO and WMECO, CL&P also has transmission interconnections with
\\-
Consolidated Edison Compnay of New York, Inc. at the Connecticut-New York state line, with Long Island Lighting Company by a cable under Long Island Sound, with Eastern Utilities Associates, Boston Edison Company, and NEES at various locations along the Connee.icut-Rhode Island state line.
e
-~
wa
,r
-,7-e
m -,
n
- i
("'
In response to requests for assistance in supporting transmission investments, CL&P, together with the other System companies, has committed itself to assist the Vermont companies in supporting facilities for the Lake Champlain cable, and to assist the Maine companies in supporting the interconnection to New Brunswick.
CL&P, HELCO, UI and WMECO, were responsible for the establish-ment of CONVEX dispatching agency which was one of the earliest efforts in this country directed towards a "one company approach" to generation dispatch.
HWP, Holyoke Gas and Electric Department
("HG&E") Westfield Gas and Electric Department, Chicopee Electric Light Department and CMEEC subsequently have become participants in CONVEX. CONVEX is now a satellite dispatching agency for The New England Power Exchange, the operating branch of NEPOOL.
The System companies have participated from the beginning in the negotiations which led to the NEPOOL Agreement, which were successfully concluded in 1971 and have further participated in all of the functional aspects of NEPOOL.
System companies have had capacity for sale since Millstone No. 1 was brought into service at the end of 1970. It is expected that such capacity will continue to be available during the 1980's.
It has been the System companies' policy to offer this capacity, through written offerings or announcements, to all New England systems and, to the extent of any unsubscribed offerings, to New York systems which are members of the New York Power Pool.
The System companies have received numerous expressions of interest covering their available capacity and presently have fulfilled all requests for capacity offered. Presently CL&P together with HELCO and WMECO have offered for sale 100 MW or more (in aggregate) of their ownership in Millstone Unit No. 3.
Responses to this offer are expected on, or prior to, July 6, 1981.
The system companies have for many years operated pursuant to a policy in which they have been willing to transmit for other electric utilities over their "PTF" system (as defined in the NEP00L Agreement) under standard transmission contracts which provide for a uniform cost derived rate.
Service under this policy has been made available to all electric systems requesting such service.
In response to requests from Public Service Crmpany of New Hampshire and Boston Edison Company, some of the System companies agreed to become joint owners in Seabrook Unit Nos.1 and 2, and in Pilgrim Unit No. 2.
CL&P and WMECO participated in Pilgrim Unit No. 2 and CL&P participated in Seabrook Unit Nos. 1 and 2.
CL&P and WMEC0 sold their entire 13.24% joint ownership share in Pilgrim Unit No. 2 in 1976 and 1977 to various municipal systems within New England. CL&P has also reduced its joint ownership interest in Seabrook Unit Nos. 1 and 2 from an initial 11.9776% to 4.05985%
(,,
during the period from May 1, 1973 to January 30, 1981, through of ferings to other utilities within New England.
-~, -. _ _ _. -.,. -.. -
y..,,,
. g
/'
CL&P supplies firm power service for resale, on a partial requirements basis, to one private and several municipal electric systems which are located within, or adjacent to, the franchised areas supplied 7
by CL&P. These service arrangements are summarized below:
PRIVATE (P)
OR ELECTRIC SYSTEM LOCATION MUNICIPAL (M)
Bozarh Light & Power Company Conn.
P Norwalk (2nd Taxing Districc)
Conn.
M Norwalk (3rd Taxing District)
Conn.
M Wallingford Conn.
M
- CMEEC Conn.
M In 1973, the six municipal electric systems located in Connect-icut brought suit against CL&P, HELCO, Northeast Utilities Service Company and NU alleging violations of the Sherman Anti-Trust Act.
The case was heard in U.S. District Court in Hartford, Connecticut.
In the spring of 1980, the case was decided in favor of the defendant companies and is presently being appealed by three of the municipal systems.
Prior to the commencement of this trial the three municipal electic systems now represented by CMEEC reached an out-of-court settlement with CL&P and HELCO. As a part of this settlement arrangement, the System companies agreed to negotiate with CMEEC and to enter into alternate power supply arrangements such that C
CMEEC could.become the sole power supply agency ;or these three municipal systems.
At this point in time these negotiations are well along towards completion. The System companies entered into a long-term Transmis-sion Service Agreement with CMEEC on September 25, 1980. On this same date the System companies and CMEEC implemented a Memorandum of Understanding which set forth the framework pursuant to which a series of life-of-unit contract entitlements in various generating resources of CL&P and HELCO would be made available to CMEEC and which provides that effective October 1, 1980, CMEEC would become a firm power customer of CL&P and would assume responsibilties for
' providing service to its participants, Groton, Jewett City and Norwich, during the period in which the unit contract arrangements were being negotiated. Upon completion of these, it is expected that CMEEC will have entitlements in nuclear, fossil steam, pumped storage, gas turbine and hydroelectic generating units owned by CL&P and HELCO, totaling approximately 159,000 kilowatts. When these negotiations are complete and the life-of-unit contract documents are executed, CMEEC will cease being a CL&P firm power customer and CL&P's obligation to supply power to these systems will end except as required by the new contracts.
Q:
L
~
=
r Information for Antitrust Review of Operating License Application i
for Seabrook Station Submitted by: The United Illuminating Company (a) Anticipated excess or shortage in generating capacity resources not expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be alloca ed, distributed, or otherwise utilized or how the shortage will be obtained.
The United Illuminating Company (UI) currently 4
anticipates, based on experienced and expected reduced rates of load growth as a result of (a) higher energy prices, (b) reduced levels of economic activity and (c) customers' conserva-tion efforts, that it will have a surplus of generating capability when the Station commences operation, which was not expected at the construction permit stage. In view of the 4
fact that UI is more than 90% dependent on the burning of fuel oil to provide electric energy for its customers' requirements, the lower cost electric energy to be provided by the nuclear-fueled Secbrook Station is expected to be substituted for that which would other-wise be provided by existing oil-fired generating capacity will be available for sale to the New England Power Pool, its participants, or others who may require such capacity.
,.n.--
---.n.-
-,---..n
- ~, - ~.,,, - -. -
,. ~, -,.. -. -
(b) New power pools or coordinating croups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
None.
(c) Cha ges in transmissi ia with respect to (1) the nuclear plant, (2) interconnections, or (3) connections to wholesale customers.
(1) UI has made no change, with respect to Seabrook Station, in the transmission facilities which Ui owns and operates.
(2) In 1975, a 345 kv transmission line was placed in service connecting UI's New Haven Harbor Generating Station, at New Haven, Connecticut, to the 345 kv transmission system of The Connecticut Light and Pover Company in North Branford, Connecticut.
(3) None. UI has no wholesale customers.
(d) Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and basis for sue:
I changes should be included.
See page 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications l
which have occurred or are being implemented.
(e) Changes in design, provisions, or conditions of rate schedules and reasons for such changes. Rate increases or decrease, are not necessary.
Effective December' 26, 1974, UI canceled a rate schedule which afforded UI's employees a small monthly discount and two rate sche-dules which afforded lower rates to electric space-heating customers (one of which, a general service rate schedule, had been un-available to new customers since 1966). At this same time, UI's rate schedules for non-residential customers were modified by the addition of a late-payment charge.
Effective June 27, 1976, UI's rate schedule for mercury-vapor municipal street lighting was modified by the addition of a minimum term of service provision.
Effective July 1, 1976, UI canceled three rate schedules (which had been unavailable to new customers since 1969) affording.mul-k tiple-unit master-metered residential custo-mers lower rates.
1 Effective June 1, 1977, UI's fossil fuel cost adjustment clause was modified in accorcance with a unified statewide clause prescribed by the Connecticut public utility regulatory agency. Effective October 1, 1978, this
.m_. _ _.__ -___.. _ _ _ _ - - _ _.. _ _ _ _ _
j clause was further modified by statutory pro-3, scription to prohibit the inclusion therein of any provision for the recovery of Connec-4 ticut's gross earnings tax on the amount of fuel cost adjustment clause revenues.
Effective August 12, 1978, UI instituted two new optional " time-of-day" rate schedules, 4
which afford customers a price incentive to use electricity during off-peak hours.
l Effective January 10, 1979, UI's municipal street lighting rate schedule was modified to include a rate for sodium-vapor lighting.
Effective December 17, 1980, UI instituted a new municipal street lighting rate sche-dule which affords municipalities an alterna-tive rate when they install, own and maintain their street lighting fixtures and accessories.
Effective December 17, 1980, UI modified its rate schedule which affords a lower rate for electric space heating and off-peak use of l
electricity for water heating to permit sup-l plemental water heating by any renewable energy source.
(f) List of all (1) new wholesale customers, (2) transfers I
from one rate schedule to another, including copies of schedules l
not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
(1) None. UI has no wholesale customers.
(2) None. UI has no wholesale customers.
(3) There have been no changes to UI's service area.
(4) There have been no acquisitions or mergers of, by, into or with UI.
(g) List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
UI is a joint owner, to the extent indicated, in the following generating units scheduled for service subsequent to the expected in-service date of the Seabrook Station:
(1) Millstone Unit No. 3, Waterford, Connect-icut 3.685% of one 1150 megawatt unit (approx. 42 mi5awatts).
(2) Pilgrim Unit No. 2, Plymouth, Massachu-setts 3.3% of one 1150 megawatt unit (approx. 38 megawatts).
(h) Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative ven-ture or study.
None.
y
.Information for Antitrust Review of Operating License Application for Seabrook Station Submitted by:
Central Vermont Public Service Corporation 77 Grove Street Rutland, Vermont 05701 802-773-2711 A)
O. Anticipated excess or shortage in generating capacity resources not expected at the construction permit stage.
Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
A. In the first year of service of Seabrook #1, Central Vermont Public Service Corporation (CVPS) now anticipates a small excess of generating capacity in the amount of approximately.
13,000 KW.
This excess is of very short duration as the follcwing year (1985) we have two purchase power contracts terminating, purchase of Gas Turbine capacity from Northeast Utilities (30,000 KW) and purchase of St. Lawrence and Niagara Falls project power from the State of Vermont (66,000 KW).
During the first year of service for Seabrook #2, CVPS now anticipates a deficiency of approximately 11,000 KW.
These deficiencies were anticipated at the construction permit stage, however,the deficiencies were of much greater magnitude.
Lower load forecasts have reduced our deficient position.
It is presently contemplated that the deficiencies will be made up by purchases of power from other participants of the New England Power Pool, purchases from Canada (Ontario Hydro or Hydro Quebec) and the additions of three or four small hydro installations in CVPS's franchise area.
B)
Q. New power pools or coordinating groups or changes in structure, i
activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
A.
None.
C)
O. Changes in transmission with respect to (1) the nuclear plant, (2) interconnections, or (3) connections to wholesale customers.
A. As a result of our participation in the Seabrook units, CVPS has not experienced nor do we expect any changes in transmissicn facilities.
No new transmission or changes to transmission facilities are planned with respect to interconnections.
e C)
A.
The New England Power Pool is presently studying a possible high voltage D.C.
tie with Hydro Quebec via a line possibly coming through Vermont.
As to connection to wholesale customers, there has been a few minor changes with substations being added to our 46 KV and 34.5 KV sub transmission system to provide additional interconnection points for whole-sale customers as follows:
Customer Location Date
- 1) Vt. Electric Co-op.
Pleasant Valley 10/78
- 2) Vt. Electric Co-op.
Westford 1974
- 3) Ludlow Electric Smithville 9/75 D)
O.
Changes in the ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
See pages 1-4 of General Information as to applicants in A.
FSAR which describes the ownership modifications which have occurred or are being implemente'd.
During the construction permit stage it was contemplated that the Vermont Electric Power Co. (VELCO) would be the Vermont participant in the Seabrook units and they in turn would have underlying contracts with the Vermont distribution companies for the purchase of Seabrook power. Since that time it has been decided that VELCO will not be a participant and the entitlement which it held has been transferred to other vermont utilities.
CVPS presently holds a 1.59096% entitlement in the Seabrook project which is CVPS's pro-rata share of the original entitlement allocated to VELCO.
4 l
l l
E)
O.
Changes in design since July 1978, provisions, or conditions of rate schedules and reasons for such changes.
Rate increases or decreases are not necessary.
A.
The Company first introduced in 1974 a winter-summer rate differential.
The price of electricity during the winter months reflects the higher cost of service during the peak service periods.
The change was introduced to lessen the winter demand for electricity.
All customers are served under time differentiated rates.
Our optional time of day rate is available which also has the objective of providing an incentive to cus-tomers to reduce peak hours use.
The Company's off peak rate concept has been broadened to include space heating such as ceramic storage systems and slab heating.
In order to further renewable energy use, the Company is investigating cogeneration possibilities.
F)
Q.
List of all (1} new wholesale customers, (2) transfers f;om one rate schedule to another, including copies of schedules not proelously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
A.
(1)
No new wholesale customer.
(2)
The Vermont Electric Cooperative, Village of Lyndonville and Village of Ludlow have transferred from the wholesale power rate to the Company's System power rate.
The contracts for the Village of Ludlow is attached providing the schedule for that System Power Contract which is similar in terms and conditions to the other two contracts.
Likewise the transmission rate applicable to System Power service is attached.
(3)
No changes in licensee's service area.
(4)
No changes because of acquisitions or mergers.
G)
Q.
List of those generating capacity' additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
A.
The following is a list of generating capacity which has been committed to bv CVPS since the construction permit stage,
In Service Generatino Source Eize Date
- 1) Bradford Hydro electric Facility 1000 KW 1982
- 2) Middlebury Hydro electric Facility 1500 KW 1983
- 3) Barnet Hydro electric Facility 2200 KW 1984
- 4) Purchase of output from East Georgia Hydro electric facility 14,000 KW 1985
- 5) Middletown #4 capacity from NU 20,000 to Terminates 30,000 KW 1983
- 6) Gas Turbine capacity from NU 16,000 to Terminates 40,000 KW 1985
- 7) Coleson Cove #1, 2,
& 3 capacity Terminates from New Brunswick 16,000 KW 1985
- 8) Millstone #3 - Joint Ownership 20,000 KW 1986
- 9) Purchase of Hydro Quebec power 26,000 KW Terminates 1985 H)
Q.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
A.
None.
i i
9 9
s O
m--
,-,r----r-e v
--.,-,..,---s+---
4
---.,.~v,-----e--w...-
~ - -
r-
--r a
r,
'Y '..
F.
Q)
\\
1 POWER PURCHASE CONTRACT between CENTRAL VERMONT PUBLIC SERVICE CORPORATION and VILLAGE OF LUDLOW ELECTRIC LIGHT DEPARTMENT
~.
Name of Filing Utility:
Central Vermont Public Service Corporation
' Name of Utility Receiving Service:
Village of Ludlow Electric Light Department
=. -
Brief Description of the Service to be Provided:
Central Vermont Public Service ' Corporation will sell to the Village of Ludlow Electric Light Department designated blocks of power (KW) for specific periods of time designated as " Power Years" which shall be priced at the average cost of power purchased and
~ ~ ~ ~ ' " ~ ~
generated by the Company, including charges relating to the use of the transmission system (s) of other utilities, but excluding power purchtsed from the State of Vermont.
Dated:
=
s,
. = um..
C +f_
~
......S.
~
~....
AGREEMENT entered into as of this day of by and between the Village of Ludlow Electric Light Department, hereinafter called "the Customer", and CENTRAL VERMONT PUBLIC SERVICE CORPORATION, hereinafter called "the Company".
WITNESSETH WHEREAS, the Company is willing to sell and the Customer is will-ing to buy unreserved system capacity and associated energy in accord- -
ance with the terms herein set forth; NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
ARTICLE I.
GENERAL UNDERSTANDING The Company and the customer have assur2d certain broad obligations
~
governing their cooperative relationships under the NEPOOL Agreement and they intend that this Agreement shall be utilized and administered by each of them in a cooperative manner.
ARTICLE II.
TE55 This' Agreement shall become effective on the date here and above
. set forth, or on such other date as may be ordered or allowed by any regulatory authority having jurisdiction and shall be subject to valid laws, orders, rules and regulations of such authority.
The Agreement shall be for an initial period of five (S) years and on each annual
~
anniversary date shall be extended for a period of one (1) year for the fifth year'in the future, unless eithe'r party shall give at least four (4 ) years' written notice of its intent to terminate the Agreement.
,.r..
If notice of termination is given by either party, the. parties shall enter into n'egotiations to determine appropriate rates, term; and conditions for whatever service the Customer shall, after'such termina-tion, desire to receive from the Company.
In the event that the I
parties are unable to agree upon such rates, terms and conditions,
~
,. a,..
- ,iy y -
-%,3-N
- y$
.,W,
. n & '...
S. - -~.
5?
LY
['
b
.v.
s
- u..,. ;.,
. ~ -...
o the Company shall continue to provide service and shall file with the appropriate regulatory authority a rate schedule providing the rates, terms and conditions for such service.
ARTICLE III.
AGREEMENT CHANGES The Company shall have the right at any time to change, adjust, or amend any of the provisions of this Agreement, by delivering at least four (4) years' prior written notice of such changes, amendments or adjustments to the Customer.
NotwithstL. ding the foregoing provi-sion, the Company shall have the right to change, adjust, or amend any of the rates or charges specified in this Agreement upon delivering a written notice thereof to the Customer and to the appropriate regula-tory authorities s long as such changes are donsistent with methods
~
set forth in Appendix A of this Agreement.
Any such changes, adjust-ments or amendments shall become effective on the date specified
~
therein, subject to suspension or other action duly taken by any regu-latory agency having authority in these matters.
Nothing herein limits the right of either party to seek modification of any provision of this Agreement by filing a complaint under Section 206 of the Federal Power Act.
ARTICLE IV.
AVAILABILITY
~
The Company shall make capacity and associated energy available to the Customer provided the Customer shall identify the anount of such capacity that it desires to purchase under this Agreement ini-tially for a period of five (5) years, and thereafter for each subse-quent one (1) year period for the fifth (5th) year in the future, provided that five (5) year notice is given for each additional power year.
Capacity is available under this Agreement only at a uniform amount during any " Power Year".
A specification by the Customer,of
~-
^
,r p e t M
~
y
_.m~-
-p__
.e p,
,~
. zero capacity to be purchased in any Power Year is acceptable under this Agreement.
A " Power Year", for the purposes of this Agreement, shall be the period November 1st through October 31st.
The capacity specified hereunder represents all of the power required to be furnished by ths Company to the Customer provided that nothing herein prohibits the parties from making other arrangements for the purchase and sale of power.
The Customer agrees that its addi-tional requirements for unexpected load increases, standby, and 'any other purposes shall be obtained by it pursuant to the NEPOOL Agreement or from any other source available to the Customer.
If requested, the Company obliges itself to use its best efforts to o'btain capacity and associated energy for sale to the customer in addition to the amounts specified in this Agreement and extensions thereto.
~ ~"
Notwithstanding any other provision herein, the capacity and
, associated energy sold under this Agreement is only available to the Customer for use in the Customer's service area, or any modification-thereto, but this provision does not preclude the resale of power obtained herein by the Customer excess to its requirements.
ARTICLE V.
COST OF CAPACITY AND ENERGY The capacity sold under this Agreemen't shall be priced at the cost of such capacity, as delivered to the Company's transmission system, including all associated transmission charges an.1 losses occa-sioned by the utilization of the facilities of other utilities for the delivery of such capacity to the Company's system.
The charges during any " Power Year" shall'be the average cost per kilowatt-mcath to the
... Company of all capacity purchased from other utilities for 12 months
.g.p.
s..
e7,, '. e
' ;, a n en
__-,,-,_..-.m--.y.--
=
~.
n---,-
ended April 30th, and that capacity generated by Company-owned facil-ities during the prior calendar year, exclusive of such capacity and associated energy purchased by the Company which is generated by the St. Lawrence and Niagara projects.
Per kilowatt charges shall be computed after adjustment for all losses incurred outside the Company's system.
Capacity sold under this Agreement shall be considered as unreserved system capacity.
The monthly per kilowatt charge, applicable to the succeeding November through October period shall be calculated annually in accord-ance with the method set forth in Appendix A and shall be provided to the Customer prior to June 15th of each year.
The energy cost to the Customer shall, as set forth in Appendix B, be ths company's average actual cost of energy, as billed to the Company, and including the cost experienced by Company-owned facilities,
~~
exclusive of the energy cost associated with power generated by the St. Lawrence and Niagara projects, as described in this Article during the same month as sales are made to the customer.
~
~ '
Such costs shall include only the energy cost portion of FPC Acco,unt No.-
555 plus the cost of fuel consumed by Company owned and/or operated thermal generat-ing equipment.
The Customer shall make all necessary arrangements for the trans-mission of power purchased under the terms of this Agreement.' The Company agrees to make its transmission service available to the Customer.
Charges for the use of the Company's transmission system and/or distribution system by the Customer, to effect delivery of power purchased under this Agreement, Agreement.
shall be prescribed by separate
^
gw e
3
=
e u.
..L....,
~.+-*
- -4
-.w.
? -ed e
-]
'"j{'
, :. :.u
- v..:a.
= :.:. =...
~
~
ARTICLE VI.
BILLING Bills shall be rendered monthly in such reasonable detail as the Customer may request and shall be due when rendered.
As used herein, the term " month" shall refer to the billing period which shall corre-spond as closely as possible to a calendar month.
When all or part of any bill (s) shall remain unpaid for more than thirty (30) days after the rendering thereof by the Company, simple interest computed at the rate of one (1) percent per month shall accrue to the Company on the unpaid amount from and after that date until said bill shall be paid.
In the event that it shall be determined that the Customer is not liable for any portion of a billing paid subject to a dispute, the dustomer shall be repaid the amount thereof by the Company with interest at the foregoing rate.
- ^
In the event of a dispute relating to any portion of any bill, the Customer shall notify the Company in writing describing the dis-pute, but such notification shall not negate the provisions of the second preceding paragraph.
The dispute shall be settled by nego-tiation, if possible.
If such negotiations do not resolve the dis-it shall be made subject to agbitration, with the Company and
- pute, the Customer agreeing on a single $
itrator, if possible.
If it is hb impossible to agree upon a single arbitrator, either party may request the American Arbitration Association to appoint an arbitrator who is skilled in matters relating to the~ generation and wholesale purchase
~
and sale of electricity.
The arbitrator, after opportunity for the parties to be heard, shall consider and decide the dispute and shall i
notify tile parties,.within thirty (30) days, in writing, of his decision, stating the reasons for the decision.
The arbitrator shall
"*{
t
=
,c
. not have the power to amend or add to this Agreement.
Subject to such limitation, the decision shall be binding on the parties except that either party may petition a court of competent jurisdiction for review of errors of law.
The expense of the arbitrator shall be borne by the parties as determined by the arbitrator.
ARTICLE VII.
GENERAL It is understood that the Company shall use its best efforts to make energy available under this Agreement, but only after the company i
has met its obligations to its retaif customers.
It is understood that the capacity and associated energy made available hereunder is unreserved system capacity and the Company shall provide to the Customer adequate and reliable electric service pursuant totbisrateschedule,bitinnoeventshalleitherpartybeliablefor losses or damagesjof any kind resulting from any' stoppage, interruption to, or variation or diminution in the supply of electric power beyond the reasonable control of said party.
This Agreement shall supersede all prior agreements between the parties under which the Company has sold capacity (KW) and associated energy (KWH) to the Customer.
Any notice, demand or request provided for in this Agreement shall be deemed to be properly given or made if delivered or sent by first class mail postage prepaid as follows:
to the Company:
Vice President - Finance Central Vermont Public Service Corporation 77 Grovc Street Rutland, Vermont 05701 to the Customer.: Commissioner Village of Ludlow Electric Light Department i
Ludlow, Vermont 05149 e
's
. This Agreement shall inure to the benefit of, and shall bind, the successors of the parties hereto but shall not be assignable.
In the event the Customer assigns or resells to another utility any portion of the capacity and associated energy purchased hereunder, the customer remains liable to the company for payment for the full amount of such assigned or resold capacity and energy.
IN WITNESS WHEREOF, the parties hereto have caused this instru-ment to be executed by their respective authorized officials.
ATTEST:
CENTRAL VE ONT B
C SERVICE CORPORATION (4LLi[4 4A.
By:
)
/)
DATE:
(Title)
A4 '
o 4/s0/17 ATTEST:
VIL G
LOW L u
RTMENT By:
M(Eh 0
f y)
G' iI
l DATE-
/
(Title) f g
k
~-
9
.2 r
.=.=..~.:....,. =. ;.. :
+=~:;.1=
.. w. s;. a,.
?*
..y
'Y
'.},....,
.,. :, L. e. e m em.
a
+.
n.
---.n 4
APPENDIX A
^
Calculation of System Power Unit Capacity Cost applicable to the designated Power Year (November 1st through October 31st).
Such cost shall not include the cost of transmission througn the Company's system.
Unit Cost ($/KW-Month)
(A + B + C)/ (D + E)
=
A($)
the fixed charge portion of the cost of Purchased Power as
=
defined in FPC Account No. 555 excluding such costs associ-ated with the cost of power generated by the St. Lawrence and Niagara projects.
B ($ ) = Transmission lur Others as defined in FPC Account No. 565.
C(S) = The Fixed Charges relating to the cost of company-owned generation computed on the basis of calendar year data as contained in FPC Form No. 1.
D (KW)
Purchased Capacity as delivered to the Company's system.
=
E (KW)
The audited capacity rating of Compahy-owned generation,
=
as accepted by any area wide power pool of which the Company may be a member.
- - ~ ~ -
i APPENDIX B Calculation of System Energy Cost applicable to the curren't month.
Unit Cost (S/Kwh)
(F + G)/ (H + I)
=
F ($)
= The energy cost portion of the cost of Purchased Power as defined in FPC Account No. 555, excluding such costs associated with the cost of power generated by the St. Lawrence and Niagara projects.
G($)
The cost of fuel consumed by Company-owned and/or oper-
=
~ ated thermal generating equipment as defined in FPC Account Nos. 501, 518, and 547 in the current month, t
H(KWH) = Total KWH of energy purchased outside of the Company's system during the current month as delivered to the Company's eransmission system.
Such KWH shall be that associated with Purchased Power Account No. 555.
I(KWH) = Total KWH produced by Company-owned generation during the current month.
J 9F-*
^
y y.
e
- 1.
/
".s c
POWER TRANSMISSION CONTRACT between CENTRAL VERMONT PUBLIC SERVICE CORPORATI,0N and VILLAGE OF LUDLOW ELECTRIC LIGHT DEPARTMENT Name of Filing Utility:
Central Vermont Public Service Corporation
" Name of Utility Receiving Service:
Village.of Ludlow Electric Light Depar.tment Brief Description of the Service to be Provided:
~
Central Vermont Public Service Corporation w[ll reserve, for the benefit of and make available to, the Village of Ludlow Electric Light Department a portion of the available capacity in its existing transmission system (nominal voltage 34 & 4 6 KV) as well as certain speci-fled portions of its existing 7.2/12.5 KV distribution system for the transmission of estimated amounts of capacity (KW) and associated energy (KWH) from points of interconnection of its transmission system with that of other electric utilities to designated points of interconnection with the Village of Ludlow Electric Light Department transmission and/or distribution system.
Dated:
.~_ ;.
- p..-
.o c.,-
AGREEMENT, entered into as of this day of by and between the Village of Ludlow Electric Light Department, herein-after called "The Customer", and CENTRAL VERMONT PUBLIC SERVICE CORPORATION, hereinafter called "The Company".
WITNESSETH WHEREAS, the Customer has made arrangements to own, generate, or purchase specific contract amount (s) of capacity (KW) and associated energy (KWH) from a source or sources outside of its own system, and WHEREAS, the Customer has limited physical connections between its system and that of the supplying utility or utilities, and WHEREAS, the Customer proposes to make separate Agreements for the use of the transmission systems of other utilities that may be necessary to effect delivery of the purchased, owned, or generated block {s)
~ of capacity from the supplying utility to its system, and WHEREAS, the Company's system is directly connected to the Customer's system at one or more points through which the Customer wishes to receive delivery of the purchased, owned, or generated capacity, and
~
WHEREAS, the Company is willing to enter into an agreement with i
the Customer for the reservation of the Company's transmission system, 34 KV'and above (per FPC Uniform System of Accounts) and/or specific portions of its existing distribution system, 7.2/12.5 KV and above, for the use of the Customer in receiving deliverv of the purchased, owned, or generated capacity.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
ARTICLE I.
TERM This Agreement shall become effective on the date here and above i
set forth, or on such other date as may be ordered or allowed by any regulatory authority having jurisdiction and shall be subject to valid
~:.
,y.
su
.+'s-~n~
- fe'. -. -.. f s.
~
.,. _. 3 j t (.
. ~. -. ~.
~_:--,,-l-y(.. R...
p. ~.
..y :
~
e,
~
.o i.
laws, orders, rules and regulations of such authority.
The Agreement shall continue in effect for an initial period of twelve months and thereafter until terminated by either party on May 1 or November 1 of any calendar year upon at least six (6) months' notice in writing to the other party.
In the event of termination, the Company will con-tinue to provide the transmission service herein provided under new terms and rates as may be filed with the regulatory agency having jurisdiction, and the Customer agrees to pay such new terms and rates.
subject to refunds, if any, as determined by the regulatory agency having jurisdiction.
Should the Customer request termination of this Agreement, and subsequently request reinstatement of transmission service within twelve (12) months of such termination, the charges applicable during the month prior to the date of termination shall apply to each month of the intervening period.
ARTICLE II.
APPLICABLE This Agreement shall be applicable to the transmission of adjusted measured amounts of capacity (KW) and associated energy (KWH) contracted for by the Customer on or after the effective date hereof.
ARTICLE III.
AGREEMENT CHANGES
- The rate provisions of this Agreement may be amended from time to time or superseded by the Comoany oursuant to the filing and other requirements of applicable regulatory authorities.
Any changes made in the rates contained in this Agreement shall be made in a manner consistent with the methods set forth in the i
t current Transmission and Distribution Service Analysis which is attached to and made a part of this Agreement.
j The rates shall be updated annually effective November first of i
each year to incorporate the costs experienced by the Company in the 44 e
9 7
['
most recent calendar year.
The monthly charges for service for the succeeding 12 month period shall be provided to the Customer at least 90 days from the proposed effective date.
Any changes, adjustments, or amendments shall become effective as specified above subject to suspension or other action duly taken by any regulatory agency having authority in these matters.
Nothing herein limits the right of either party to seek modifi-cation of any provision of this Agreement by filing a complaint under Section 206 of the Federal Power Act.
The rates specified in ARTICLE VIII.
CHARGES FOR TRANSMISSI N SERVICE shall be revised consistent with the current transmission and distribution service cost analysis referred to above.
ARTICLE IV.
BULK POWER CONTRACT This Agreement is contingent on the initial execution of a Bulk Power Contract by the parties in substitution for the existing service agreement or to the termination of such service agreement.
' ARTICLE V.
CdHTINUITY OF SERVICE r
The Company shall not'be re'bonsible for any interruption, reversal s
or abnormal voltage of the supply if such interr6ption, reversal or abnormal voltage is without default or gross negligence on its part.
Whenever the integrity of the Company's system is threatened by condi-tions on its system or on the systems with which it is directly or
)
indirectly interconnected, or whenever it is necessary to aid in the i
restoration of service, the Company may curtail or interrupt service or reduce voltage on all or a portion of its system and such action shall not constitute willful default by the Company.
Such action' i
shall be taken upon reasonable notice to the Customer or without notice in an emergency.
For purposes of this article, Customer's
" customers have the sa$e priority as Company's customers'.
.] ))[.; j.j,
." ~
. ' '. l
. _ ~
. t '. ' ' L...
.:.N
?f.
- ^
. _.~
- E
. e ARTICLE VI.
USE OF FACILITIES A.
The Customer shall exercise diligence to use the service fur -
nished under chis Agreement at a power factor of approximately 90 percent lagging and a load differential between the highest phase and the lowest phase not to exceed the ratio of 1.3.
However, the Customer is not required to adjust tbe load on each phase existing until the Company requires additional investment.
In such instances, the Customer has the option to adjust the load phasing or pay to the Company that portion of the cost occasioned by the Customer's unbalance.
The Customer shall operate its system in a manner as not to interfere with service to the Company's other customers, and further shall balance the load on the various portions of its system so that the systems will be as nearly equal as practical on each of the three phases.
B.
The Company reserves the right to establish an electric load 4
limit not~to exceed 500 KW at any single phase point of interconnection between the two systems.
C.
The Customer agrees to provide each year, on or before May 1st, an updated five (5) year forecast indicating the lines of the Company's system where it proposes to request future addi-tiorr.1 transmission service and new points of interconnection of the systems, and the estimated KW increase thereof, so that the Company may properly plan for required increases in the capacity of its system...
The Customer agrees to provide all facilities, including but not limited to structures, conductors and protective devices, required to establish the new or modified point of intercon-nection to the Company's facilities as r.ach facilities dhall
~
exist at the time of the request.
I
.m eA g 9e og
- e h De.g e
g
. e D. - Capacity delivered to the Customer's system shall be credited separately to the load at each point of interconnection which is at a nominal voltage of 7.2/12.5 KV.
Capacity delivered at a nominal voltage of 34 or 46 KV shall be credited to the recorded load at points of interconnection en the Customer's coincident basis.
Points of interconnection ber.eeen the Company's and the E.
Customer's systems for the delivery of transmission service
~
under this Agreement shall be those contained in Appendix A.
Requests for additional points of interconnection under the terms of this Agreement shall be submitted to the Company at least six (6) months prior to the requested in-service date..
Such points shall be made a part of this Agreement following 2
acceptance by the Company, which acceptance shall not be unreasonably withheld.
ARTICLE VII.
METERING The company agrees to install and maintain mete $ing at each point of interconnection between-the systems at which it delivers power suf-ficient to enable it to monitor the electrical c.haracteristics of the load in such detail as to calculate the billing determinants required l
1 by this Agreement.
i l
When metering is at a point other than the point of interconnection l
l of the systems, the equipment shall be compensated to register values i
which would have been recorded if the equipment had been located at the point of intercennection.
~~~
l The accuracy of the metering equipment shall be verified by proper.
test and adjusted as close as practical to 100% accuracy at least once each year.
The work of testing and adjusting any meter for accuracy t
shall be performed at the expense of the Company.
If the Customer i
.w.
...s, a
-:~.
~ H~ ~
...s
-, a r u i
<: en
- o. *.
. a shall r'equest additional verification of the accuracy of any meter in any twelve (12) month period, and the meter proves to be accurate within two (2) percent up or down, the expense of such verification shall be borne by the Customer.
The Customer shall be given the oppor-
'tunity to witness the additional verification.
If the metering equipment at any point of interconnection is found to be inaccurate by more than two (2) percent up or down, the equipment shall be adjusted as closely as practical to 100% accuracy and the meter readings for the period of inaccuracy shall be adjusted to correct such inaccuracy as far as the same can be reasonably ascer-tained, but no adjustment prior the beginning of the second preced-ing month shall be made except by agreement of the parties.
In the event that the Company's meters fail to register properly during.any billing period, th,e demand and energy quantities shall be estimated by the Company based upon the best available data and such data shall be made available to the Customer upon request.
The Customer shall provide, free of cost, at each point of inter-connection between the Company's and the Customer's system a suitable location for the installation of the Company's metering equipment and shall make arrangements for the Company to have access to its equipment at all reasonable times.
Such location shall be by agreement between the Company and the Customer.
ARTICLE VIII.
CHARGES FOR TRANSMISSION SERVICE The Customer agrees to pay to the Company monthly an amount determined as the sum of the following:
A.
Metering point charge applicable to each point of interconnection between the two systems e
B.
Excess reactive demand charge to be determined
^'. -
as the greatest sixty (60) minute KVAR measured
.... '._.j
} y!
- W
. ~. s s
0 y
.v r
w w
P
- - - - ^ - - - -
T
l
. F at each point of terconnection of the two systems during the current month, less one-half of the greatest sixty (60) minute KW value meas-ured at the same point during the same period multiplied by the per unit charge of C.
Transmission and/or distribution system reser-vation of capacity charge:
Charge per KW for delivery at a nominal voltage of 34 or 46 KV
~..
at a nominal voltage of 7.2/12.5 KV The charge shall be based upon the capacity (KW) measured at the point of input to the customar's system, adjusted to the point of input to the Company's system.
Metered capacity delivered to the Customer's system shall be adjusted for losses through the company's system'.
The loss values may be rajusted from time to time consistent with changes in system losses.
The loss adjustment shall be initially established as 3.5% of the capacity received for delivery at 34 or 46 KV and 6.5% of the capacity received for delivery at 7.2/12.5 KV.
_ The charge for the reservation of transmission and/or distribution system capacity in any month shall be not less than the maximum value so established in the current month or in any one of the prior 11 months.
ARTICLE IX.
BILLING Bills shall be' rendered monthly in such reasonable detail as the Customer may request and shall be due wnen rendered.
As used herein, the term " month" shall refer to the period between two successive meter e
readings which shall correspond as closely as possible (excluding week-cads and legal holidays) to a calendar month.
' ' ~ * '.
','_ ?.m? ~ ~
C^
+
a,3.....
iw go,*,,, "
e
. ?):'-T ' ~ f*::
. '::.2 s.
, When all or part of any bill (s) shall remain unpaid for more than thirty (30) days after the rendering thereof by the Comoany, simple interest computed at the rate of one (1) percent per month shall accrue to the Company on the unpaid amount from and after that date until said bills shall be paid.
In the event that it shall be deter-mined that the Customer is not liable for any portion of a billing paid subject to a dispute, the Customer shall be repaid the amount thereof by the Company with interest at the foregoing rate.
In the event of a dispute relating to any portion of any bill, the Customer shall notify the Company in writing describing the dispute but such notification shall not negate the provisions of the preceding paragraph.
The dispute shall be~ settled by negotiation, if possible.
If such negotiations do not resolve the dispute, it shall be made subject to arbitration with the Company and the Customer agreeing on a single arbitrator, if possible.
If it is impossible to agree upon a single arbitrator, either party may request the American Arbitration Association to appoint an arbitrator who is skilled in matters relating
' to wholesale transactions of electricity.
The arbitrator, after oppor-tunity for the parties to be heard, shall consider and decide the dispute and shall notify the parties, within thirty (30) days, in writing, of his decision, stating the reasons for the decision.
The arbitrator shall not have power to amend or add to this Agreement.
Subject to such limitation, the decision shall be binding on the parties except that either party may petition a court of competent 3urisdiction for raview of errors of law.
The expense of the arbitra-tor shall be borne by the parties as determined by the arbitrator.
ARTICLE X.
GENERAL Any notice, demand or request provided for in this Agreement eh shall be deemed to be properly given or made if delivered or sent by,
e.
.--..m
-.6--s
.~,
I
-1
=
first c' lass mail postage prepaid:
to the Company:
Vice President - Finance Central Vermont Public Service Corporation 77 Grove Street Rutland, Vermont 05701
'""~~
~
" ' " ~ ~
^
~
~'
to the Customer:
Commissioner
?1 Village of Ludlow Electric Light Department Ludlow, Vermont 05149
....;a...
This Agreement shall inure to the benefit of, and shall bind, thesuccesbr'softhepartiesheretobutshallnotbeassignable.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective authorized o'fficials.
~ " ~ ~
~
CENTRAL VE NT SERVICE CORPORATION ATTEST:
t[a By:
h4 DATE:
Title ihohr
/
ATTEST:
VILLAGE L
LOW ELECT LIGHT nFP
$NT
)
l i
DATE:
By:/
//// ]
)
l Title iun i
S e
+
l
_ _ _ - -... ~
V.*
APPENDIX A i
TO Power Transmission Contract between Central Vermont Public Service Corporation and Village of Ludlow Electric Light Department Points of Interconnection Name Nominal Voltage / Phase Ludlow 46 KV/Three Rte. 103
~~
46 KV/Three Smithvi.lle 46 KV/Three i
- l s
d 4
1 1
+
4 i
i e
e s
s..
- Ne e*N5
.'A'."*.+..
+,
',g
,, i.
g g..
4
.4
% bE
-W gi e
,,-c.-#
+,
,...---<r
---,~e-,
y-
,w e
._y.
,.r
,.-,-,.mm
.w.--
--, _ ~, -. - - -._,
4' APPLICATION WITH RESPECT TO OWNERSHIP IN THE SEABROOK NUCLEAR UNITS NO.1 AND NO. 2 s
I RESPONSES TO INFORMATION REQUESTED BY THE U.S. ATTORNEY GENERAL PURSUANT TO APPENDIX L, CHAPTER 10 OF THE CODE OF FEDERAL REGULATIONS, PART 50 s
N
'lNFORMATION FOR ANTITRUST REVIEW OF OPERATING LICENSE APPLICATION FOR SEABROOK STATION Submitted by:
Vermont Electric Cooperative, Inc.
Anticipated excess or shortage in generating capacity ruources not a.
expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be 11 located, distributed, or otherwise utilized or how the shortage will be obtained.
Vermont Electric Cooperative, Inc., anticipates no excesses or shortages in generathg capacity other than those identified during the construction permit stage.
Existing contractual arrangements allow VEC to purchase or sell short term, if shortages or excesses develop.
b.
N.ew power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
None.
Changes in transmission with respect to (1) the nuclear plant, (2) inter-c.
connections, or (3) connections to wholesale customers.
- None, d.
Changes in the ownership or contractual allocation of the output of the nuclear facility.
Reasons and basis for such changes should be included.
See Pages 1-4 of General information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented..
~ Changes in design, provisions, or conditions of rate schedules and e.
I reasons for such changes.
Rate increases or decreases are not necessary.
The Cooperative has filed a PURPA based rate design with the Vermont Public Service Board in the Board's docket #4475. The declining block rates, as presented l
,,.,-..,._c_.
..---w.
,,,,,.. - -n.,,,,
c in item f, are expected to remain in effect until November 1,1981, at which time the new rate design will take effect.
P f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
1.
The Cooperative sells only at retail, 2.
Rate Schedule LP - Industrial Service Demand Charge
$1.75 per KVA monthly Energy Charge First 50 KWH per month per KVA 5.955C Next 100 KWH per month per KVA 5.3994 All remaining KWH 4.8444 Rate Schedule B - Large Commercial Service First 100 KWH or less Next 300 KWH
$10.08 Next 600 KWH
- 7. 6774/KWH Next 1,000 KWH 7.1214/KWH Next 1,000 KWH
- 6. 232 &/KWH Over 3,000 KWH 5.8994/KWH
- 5. 4554/KWH 56% of the above rate schedule constitutes the cost of purchased power (bulk power supply).
Rate Schedule A - Residential First 100 KWH or less Next 600 KWH
$10.08 Next 2300 KWH
- 6. 5664/KWH Over 3000 KWH
- 5. 899C/KWH
+
- 5. 455C/ KWH Rate Schedule SH - Space Heating All separately metered KWH at 4.918C/KWH.
I
Rate Schedule A-WH - Off-Peak Water Heating First 100 KWH or less
$10.08 Next 400 KWH
- 6. 5664/KWH Next 2,500 KWH
- 5. 8994/KWH Over 3,000 KWH
- 5. 455 &/ KWH 56% of the above rate schedules constitute the cost of purchased power (bulk power supply).
3.
None.
4.
a) Merge with Halifax Electric Cooperative, Inc. b) Purchase International Electric Company.
a)
Halifax Electric Cooperative, Inc.
Brattleboro, Vermont Merger consumated - September 29, 1969 Gross Annual Revenue - $170,000 No generation - all power was purchased Peak Load - 1,756 KW b)
International Electric Company Subsidiary of Southern Canada Power Company Subsidiary of Hydro-Quebec Montreal, P.Q.
Purchased July 10, 1970 Gross Annual Revenue - $60,000 No generation - all power was purchased Peak Load - 1,345 KW g.
List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations'.
Millstone 3 2.3 MW Pilgrim 2
e
-4 J
h.
Summary of requests or indications of inte est by other electric power wholesale or retail distributors, and licensee's response, for any type of electric. service or cooperative venture or study.
The Cooperative received an inquiry from the Burlington Electric Department, Burlington, Vermont regarding participation in the Joseph C. McNeil Wood-fired Electric Generating Station. Based upon our consulting engineer's recommendations, we declined the offer to participate in the project.
l l
4 a
l 2
4 9
i
,. ~
INFORMATION FOR ANTITRUST REVIEW OF OPERATING LICENSE APPLICATION FOR SEABROOK STATION Submitted by: Maine Public Service Company Anticipated excess or shortage in generating capacity resources not a.
expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
Respon se :
It should be noted that the response provided herein including attached exhibits does not reflect the applicant's (Maine Public Service Company) anticipated generating capability and anticipated peak loads at time of construction permit application as the applicant was not a participant in the project at that time.
This response does represent (1) the applicant's projected generating capability as of 1977, the time the applicant began consideration of participation in the project and (2) the subject projections as were reported 'sy applicant May 12, 1978, pursuant to Appendix L to 10 CFR 5 50.
Exhibits No. 1 and 2 present in detail, the applicant's projected generating capability for years 1981 through 1987 as of December,1977, and June,1981, respectively.
Exhibit No. 3 presents a comparative summary of projected load, projected generating capability, and excess (surplus) or shortage (deficiency) in said capability, of the 1977 and 1981 projections.
Review of Exhibit No. 3 indicates that the applicant anticipates having, for different years between 1981 and 1987, greater excess and/or less shortage in generating capability than was projected in 1977. The primary reason for this is lower than anticipated 2 3ad growth experienced to date and an associated reduction in projected load growth rates.
To date, the applicant does not have specific plans on distribution /
allocation of excess or acquisition of capacity to cover shortages.
r b.
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will e participant.
Response
None.
c.
Changes in transmission with respect to (1) the nuclear plant, (2) interconnections.or (3) connections to wholesale customers.
Response
None
x-d.
Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and basis for such changes should be included.
4
Response
See pages 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented.
e.
Changes in design, provisions, or conditions of rate schedules and reasons for such changes. Rate increases or decreases are not necessary.
Response
In accordance with MPUC Order dated June 1, the energy part of our residential rate was redesigned from a declining block to a flat energy charge.
f.
List of all (1) new wholesale customers, (2)' transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
Re sponse:
None g.
List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.
Response
~
a None h.
Summary of requests or indicatiens of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
Response
None
---g,-r,,e-r'
-W
-w--r-t e
w-ee e---v y--
1-r=
t
Exhibit #1
, MAINE PUBLIC SERVICE COMPANY & SUBSIDIARY Available/ Anticipated renerating Capacity-MW As of December, 1977 Source 1981 1982 1983 1984 1985 1986 1987 Cariuso Steam 23.0 23.0 23.0 23.0 23.0 23.0 23.0 Diesels 13.3 13.3 13.3 13.3 13.3 13.3 13.3 Caribou Hydro
.9
.9
.9
.9
.9
.9
.9
~
Squa Pan Hydro 1.4 1.4 1.4 1.4 1.4 1.4 1.4 Tinker Hydro 33.0 33.0 33.0 33.0 33.0 33.0 33.0 Maine Yankee 3b.5 38.5 38.5 38.5 38.5 38.5 38.5 Wyman #4 20.0 20.0 20.0 20.0 20.0 20.0 20.0 MEPC0 (Coleson Cove) 3.4 3.4 3.4 3.4 1.7 Seabroox Unit #1 16.8 16.8 16.8 16.8 16.8 16.8
'16.8 16.8 16.8 16.8 Seabrook Unit #2 E!
25.0 25.0 25.0 Cas Turbine NEPCO Unit #1 5.0 5.0 TOTAL 133.5 150.3 150.3 167.1 190.4 193.7 193.7 1[ Not committed as of December, 1977.
i Exhibit #2 MAINE PUBLIC SERVICE COMPANY & SUBSIDIARY Available/ Anticipated, Generating Capacity - MW q
As of June, 1981 i
Source 1981 1982 1983 1984 1985 1986 1987 i
Caribou Steam 23.0 23.0 23.0 23.0 23.0 23.0 23.0 Diesels 13.3 13.3 13.3 13.3 13.3 13.3.
13.3 Caribou Hydro
.9
.9
.9
.9
.9
.9
.9 Squa Pan Hydro 1.4 1.4 1.4 1.4 1.4 1.4 1.4 Tinker Hydro 35.0-35.0 35.0 35.0 35.0 35.0-35.0 Maine Yankee 40.9 40.9 44.3 2/
44.3 44.3 44.3 44.3 Wyman #4 19.6 19.6 19.6 19.6 19.6 19.6 19.6 MEPCO (Coleson Cove) 6.2 1/
6.2 6.2 3.4 Seabrook Unit #1 16.R 16.8 16.8 16.8 1
Seabrook Unit #2 16.8 16.8 l
NEPCO Unit #1 l
TOTAL 140.3 140.3 143.7 157.7 154.3 171.1 171.1 1/ MPS share of MEPCO (Coleson Cove) of 13.4 MW reduced by the amount of CMP share, 7.2 MW, as ordered by MPUC in Docket #80-180.
2/
Houlton' Water Company share of 3.4 MW of Maire Yankee transferred to MPS.
l Awaiting MPUC approval in Docket #80-109.
i l
l i
i i
i l
MAINE PUBLIC SERVICE COMPANY & SUBSIDIARY Projected Dependable Capacity-MW Exhibit f3 -
vs
~~
Projected Peak Load As Projected December, 1977 Projected Projected Projected Required Peak Load Dependable Available Reserve Surplus Year (5.6% Annual Growth)
Capacity Reserve (20% of Load)
(Deficiency) 1981 132.2 133.5 1.3 26.4 (25.1) l 1982 139.7 150.3 10.6 27.9 (17.3) 1983 147.7 150.3 2.6 29.5 (26.9) 1984 156.1 167.1 11.0 31.2 (20.2) 1985 165.0 190.4 25.4 33.0 17.6) i i
1986_
174.4 193.7 19.3 34.9 (15.6) 1987.
184.4 193.7 9.3 36.9 (27.6)
As Projected June, 1981 Projected Projected Projected Required Peak Load Dependable Available Reserve Surplus Year (2% her.4yal Growth)
Capacity Reserve (20% of Load)
(Deficiency) 1981 113.7 140.3 26.6 22.7 3.9 j
1982 119.8 140.3 20.5 24.0 3.5 1983 122.0 143.7 21.7 24.4 (2.7) 1984 124.3 157.7 33.4 24.9 8.5 1985 134.1 154.3 20.2 26.0 (6.6) 1986 136.5 171.1 34.6 27.3 7.3 1987 139.0 171._
32.1 27.8 4.3
Y e
Q
. o v,
,Information for Antitrust Review of Operating License Applicatic>n for Scabrook Station Submitted by:
Central Maine Power Company Anticipated excess or shortage in generating capacity resources a.
l not expected at the construction permit stage.
Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
The Company now anticipates excess generating capacity due to reduced load growth.
Excess capacity that cannot be sold will be retained as reserve.
i b.
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
None Changes in transmission with respect to (1) the nuclear plant, c.
(2) interconnections, or (3) connections to-wholesale customers.
No changes in transmission are required.
d.
Changes in the ownership or contractsal allocation of the output of the nuclear facility.
should be included.
Reasons e.nd basis for such changes No changes are anticipated, Changes in cesion, provisions, or conditions of rate schedules e.
and reasons for such changes. ' Rate increases or decreases are not necessary.
No changes are anticipated.
f.
List of all (1) naw wholesale custacars. (2) transfers from one rate schedule to another, including copies of schedules not pre-viously furnished, (3) changes in licensee's service area, and (4) licensee's acacisitions or mergers.
There have been no new wholesale customers, rate schedule trans-fers, or changes in the Company's service area.
The Company is presently negotiating fcc purchase of Carrabasset Light and Power t
and for purchase of State of Maine properties owned by Public Service Company of New Hampshire.
?*
~
2-List of those generating capacity additions committed for g.
operation after the nuclear facility, including ownership rights or power output allocations.
The Company has joint ownerships rights in Millstone Unit 3 (2.50% of 1150 MW) being constructed by Northeast Utilities and joint ownership rights in pilgrim Unit 2 (2.85% of 1150 MW) being planned by Boston Edison Company.
In addition, the Company is planning to construct a coal generating plant, i
retaining 208 MW as the lead owner.
i h.
Summary of requests or indications of interest by other electric 1
power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
There have been none.
6 4
4 i
a l
e ggate.w.
--1-meye-wm-rg
- -we---*
r-wew
.--apw-g=,w-m-'
y.u.p e
--m-.
-ew.
a-ce y
y%-
J i
Znformation for Antitrust Review of Operating License Application for l
Scabrook Station l
Submitted by:
Montaup Electric Company P. O. Box 391 Fall River, Massachusetts 02722 Anticipated excess or shortage in generati ug capacity 'resobces a.
eeir expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be allocated, dis-tributed, or otherwise utilized or how the shortage will be obtained.
Answer:
j Montaup's surplus generating capacity is forecast as:
t Mt 1980/81 23 81/82 67 82/83 62 83/84 35 84/85 36 t
85 86 (7) 86 87 (1)
The excess will be sold if possible. The deficits shown in the last two years are too small to be meaningful at this time. If they occur, purchases would be made to cover them.
i i
b.
New power pools or coordinating groups or changes in structure, 4
activities, policies, practices, or membership of power pools or coordina-ting groups in which the licensee was, is, or will be a participant.
o None.
Changes in transmission with respect to (1) the nuclear plant, c.
(2) interconnections, or (3) connections to wholesale customers.
The advent of the Seabrook start up will not require any 4-transmission changes in Montaup's system.
d.
Changes in the ownership or contractual allocation of the output i
of the nuclear facility. Reasons and basis for such changes should be 4
included.
See pages 1-4 of General.Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are bein6 i
implemented..
~...
_ _.~.
e.
Changes in design, provisions, or conditions of rate schedules and reasons for such changes. Rate increases or decreases are not necessary.
There have been no changes in the design, provisions or conditions of Montaup's wholesale (its only General rate) rate since its first approval May 19, 1975 f.
List of all (1) new wholesale customers, - (2) transfers from one rate schedule to nnother, includin6 copies of schedules not previously furnished, (3) chan6es in licensee's service area, and (l+) licensee's acquisitions or mergers.
There has been no basic change in Montaup's wholesale custo:ners. The affiliated companies of Fan River Electric Light Company and Brockton Edison Company were merged;into Eastern Edison Company on July 31, 1979 becoming a single customer. on oct.ober 31, 1981, the Tiverton division of Harragansett Electric Company win cease being a customer of Montaup.
g.
List of those Generating capacity additions committed for operation after the nuclear facility, includin8 ownership rights or power output allocations.
Joint ownership in:
Millstone Unit 6 Pilgrim Unit 2 h.
Su.m of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
None.
. 't c-m--
4 y
,,-ag,
- - ~ = - - -. - --.
--,e,,-
Information for Anti-Trust Review of Operating License Application for Seabrook Station Submitted by: Taunton Municipal Lighting Plant a.
Anticipated excess or shortage in generating capacity resources not expected at the construction permit stage.
Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
None.
b.
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
None.
c.
Changes in transmission with respect to (1) the nuclear plant, (2) interconnectiors, or (3) connections to wholesale customers.
None.
d.
Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and basis for such changes should be included.
See pages 1-4 of General Information as to Applicants in FSAR which describes the ownership modifications which have occurred or are being implemented.
Changes in design, provisions, or conditions or rate schedules and e.
reaons for such changes.
Rate increases or decreases are not s
necessary.
Rate schedules revised July 1,1981.
Reason - simplification.
f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee 's service area, and (4) licensee's acquisitions or mergers.
None.
g.
List of those genersting capacity additions committed for operation af ter the nuclear facility, including ownership rights of power output allocations.
Pilgrim II - Plymouth, Massachusetts
.6%
(6.9 MW)
e.
h.
Summary of requests or indications of interest by other electric power wholescle or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
None.
i
o SEABROOK STATION i
l l
GENERAL and FINANCIAL INFORMATION i
i l
O
\\
PU3LIC SERVICE COMPANY OF NEW HAMPSHIRE SEABROOK, NEW HAMPSHIRE O
Volume 1
[Q
'T GENERAL AND FINANCIAT. INFORMATION
~
TABLE OF CONTENTS INTRODUCTION General Information As to Applicants.
1 Agreement for Joint Ownership, Construction and Operation of New Hampshire Nuclear Units.
TAB 1
Public Service of New Hampshire 2
Bangor Hydro-Electric Company 3
Canal Electric Company 4
The Connecticut Light and Power Comp &ny 5
Fitchburg Gas and Electric Light Company 6
Town of Hudson, Massachusetts Light and Power Department 7
Central Maine Power Company 8
Maine Public Service Company 9
Massachusetts Municipal Wholesale Electric Company 10 Montaup Electric Company i
11 Neu England Power Company 12 Taunton Municipal Lighting Plant Commission 1
13 Vermont Electric Cooperative, Inc.
14 Central Vermont Public Service Corporation 15 The United Illuminating Company 16
-New Hampshire Electric Cooperative, Inc.
D (V
I.
GENERAL INFORMATION AS TO APPLICANTS A.
Background
Seabrook Station Units No. I and No. 2 are being constructed as part of the regional construction program for generation facilities for utilities participating in the New England Power Pool and other New England utilities.
The Units are being constructed pursuant to an Agreement for Joint Ownership, Construction and Operation of New Hampshire Nuclear Units, dated May 1, 1973, as amended by thirteen amendments (the " Joint Ownership Agreement", a composite copy of which is attached hereto), and will be owned in the same proportions by the grosp of participating New England utilities, each parti:ipant owning the same percentage of uuG Units.
I Since the filing of the original License Application for the i
Construction Permits for the Units (filed Mar h 30, 1973) and the original execution of the Joint Ownership Agreement, there have been several transactions affecting the ownership allocation of the Units. The following table reflects the ownership allocation as approved by the Commission prior to the commencement of the Adjustment Period for the latest transactions described below.
Participant Ownership Share Public Service Company of New Hampshire 50.00000%
The United Illuminating Company 17.50000 New England Power Company 9.95766 i
Central Maine Power Company 5.04178 Central Vermont Public Service Corporation 1.59096 Fitchburg Gas and Electric Light Company 0.60432 Montaup Electric Company 1.89989
(/)
N--
Commonwealth Electric Company (formerly New Bedford Gas and Edison Light Company) 1.34927 The Connecticut Lirht and Power Company 4.05985 Town of Hudson, Massachusetts Light and Power Department 0.05780 Vermont Electric Cooperative, Inc.
0.41259 Bangor Hydro-Electric Company 0.3/249 Taunton Municipal Lighting Flant commission 0.10034 Massachusetts Mun;cipal Wholesale Electric Company 5.50249 Maine Public Service Company 1.46056 100.00000%
There are certain other proposed transfers which,uas of the date of preparation of this material, are either awaiting final regulatory approsal or are in the process of being implemented. There is a pending transfer by
's Commonwealth Electric Company of its entire interest to its affiliate, Canal Electric Company, which transfer has been appreved by the Massachusetts Department of Public Utilities (MassDPU) and the New Hampshire Public Utilities Commission (NHPUC) but awaits final Commission approval. There are also the proposed transfers by Public Service Company of New Hampshire of an aggregate of 14.76503% Ownership Shares to other participants as follows:
Additional Participant Ownership Share Massachusetts Municipal Wholesale Electric Company 6.00091%
Commonwealth Electric Company 2.17390 Bangor Hydro-Electric Company 1.80142 Montaup Electric Company 1.00000 Central Maine Power Company 1.00000 Tauton Municipal Lighting Plant Commission 0.33445 Town of Hudson, Massachusetts
()
Light and Power Department 0.01957..
' %_J New Hampshire Electric Coopera-tive, Inc.
2.17391 F.itchburg Gas and Electric Light Company 0.2608Z,,
14.73503%
These transfers have been approved by the Commission and have received the requisite approtals of the MassDPU and NHPUC. Except for Taunton and the NH Coop (which are still awaiting financing or other approvals), the Adjustment i
Period as to each such adjustment commenced on January 31, 1981, except for MMWEC which commenced on February 28, 1981.
It is anticipated that all th-e above transfers will be completed prior to the issuance of the Operating License.
Therefore, if the Taunton and NH Coop transactions are completed, the Operating License for the Units would reflect participations as follows:
O Participant Ownership Share Public Service Company of New Hampshire 35.23497%
The United Illuminating Company 17.50000 Central Maine Power Company 6.04178 Fitchburg Gas and Electric Light Company 0.86519 Montaup Electric Company 2.89989 New England Power Company 9.95766 Central Vermont Public Service Corporation 1.59096 Canal Electric Company 3.52317 The Connecticut Light and Power Company 4.05985 New Hampshire Electric Coopera-tive, Inc.
2.17391 Town of Hudson, Massachusetts Light and Power Department 0.07737 Vermont Electric Cooperative, Inc.
0.41259 O.
_~ _. _ _.. _.
O Massachusetts Municipal Wholesale Electric Company 11.59340 Maine Public Service Company 1.46056 Bangor Hydro-Electric Company 2.17391 Tauton Municipal Lighting Plant Commission 0.43479 100.00000%
Current fi:.ancial information with respect to the financial qualifications of each Applicant's ability to meet its sh'are (based on the foregoing ultimate Cenership Shares) of the estimated coets of operation of the Units plus its share of the estimated costs of permanently shutting down the facility and maintaining it in a safe condition is found in the succeeding sections of this material.
II.
LICENSES APPLIED FOR A Class 103 (utilization facility) operating license for each of the i
two units pursuant to Section 103 of the Atomic Energy Act, as amended, and Part 50 of the Regulations of the Commission thereunder for a term of 40 years and such other licenses and permits as may be required under said Act for the operation of the facilities and the possession, use and disposition of special nuclear materials. The facilities will be operated as part of an electric generating plant.
I III. COMPLETION DATES l
l The earliest estimated dates for completing construction of the facilities and having the reactors ready for introduction of nuclear fuel are November, 1983 for Unit l'and February 1986 for Unit 2.
The latest completion dates are dependent upon several factors, such as the timeliness of favorable governmental actions, including issuance of regulatory approvals. Assuming reasonably timely receipt of favorable govenmental O ~
1 actions, the latest dates for completing the facilities are 1985 for Unit 1 and 1988 for Unit 2.
IV.
ESTIMATED CONSTRUCTION, OPERATING AND DECOMMISSIONING COSTS l
(a) Construction Costs: At April 1, 1981, Unit No. I and the portion of the project common to both units were approximately '7.4% completu and 4
Unit No. 2 was 8.0% complete.
As of April 10, 1981, the total cash requirements for construction of the project were estimated at $2,470,000, excluding AFUDC and nuclear fuel.
As of December 31, 1980, $96P,200,000 had been expended on the project and, assumingnosignificantorprolongedslowdowninEonstructioneffort, it was estimated that the participants would be called upon to provide the balance in accordance with the following schedule:
Cash Requirements
($ x 1000)
Through 1980
$ 968,200 1981 339,000 1982 408,800 1983 373,900 1984 217,400 1985 161,400 1986 1,300 e
i TOTAL
$2,470,000*
I l
(b) Operating and Maintenance Costs: The estimated operating and i
maintenance costs in 1981 dollars for Unit No. 1 for the five year puriod 1983 through 1987, excluding fuel, are $150,000,000. The estimated operating costs for Unit 2 for the five-year period 1985 through.1989, excluding fuel, are $150,000,000.
3
- Based on Commercial Operation Unit 1
' February 1984, Unit 2 - May 1986.
OU
,.w
.mm,,..-.,-,,--_<<
r
.--.--e,
,m-
,pw-%w-----.-
-m-m_,y
--e,m.
--y-
-,.ww++
,.r-w...
-e, g
.p.
s,/
Under the Seabrook Joint Ownership Agreement each participant is required to pay its Ownership Share of such operating costs.
Estimated operating costs include, among other things, the cost of appropriate property insurance and the maximum available liability insurance as required by law. They do not include any retrospective insurance premiums.
In additica, it is estimated that an aggregate of $513,000,000 will be expanded on fuel for the two units during the period 1983 through 1989.
(c) Decommissioning Costs:
Specific plans for decommissioning the project have not been developed. There are three primary alternatives for decommissioning: mothballing, entombing and dismantling.
It is estimated that the cost of these alternatives in 1980 would range from $21,000,000 to
$43,000,000 per unit.
Under the Seabrook Joint Ownership Agreement each participant is required to pay its Owner: hip Share of such decommissioning costs.
(d) Financial Qualifications: The succeeding sections of this application listed below contain specific information as to the financial
(
qualifications of each Applicant, including its latest annual report, a t
recent prospectus or official statement, and other relevant material.
j Participant Section Public Service Company of New Hampshire 1
Bangor Hydro-Electric Company 2
Canal Electric Company 3
The Connecticut Light and i
Pcwer and Company 4
Fitchburg Gas and Electric Light Company 5
l.-
.. _. - - -, ~.
~ -.
i i
l l
Town of Hudson, Massachusetts Light and Power Department 6
Central Maine Power Company 7
l Maine Public Service Company 8
Massachusetts Municipal Wholesale Electric Company 9
Montaup Electric Coapany 10 New England Power Company 11 Tauton Municipal Lighting Plant Commission 12 Vermont Electric Cooperative, Inc.
13 Central Vermont Public Service Cc po:stion 14 The Latted Illuminating Company 15 New Hampshire Electric Cooperative, Inc.
16 It is submitted that these materials demonstrate that each Applicant a
has reasonable assurance of obtaining funds necessary to cover its Ownership l
Share of the estimated costs of operation for the first five years of operation of the project and of decommissioning the project and maintaining
)
it in a safe condition.
4 j
I J
.l I
1 -
(Composite Copy)
O AGREEMENT FOR JOINT O'r7UERSHIP, CONSTRUCTION AND OPERATICU OF SDT HF.PSHIRE NUCLEAR UNITS Dated: May 1, 1973 As Amended: May 2k, 197h (First)
June 21, 197h (Second)
Septenber 25, 197h (Third)
October 25, 197h (Fourth)
January 31, 1975 (Fifth)
April 18, 1979 (Sixth)
April 18, 1979 (Seventh, not effective) 1 April 25, 1979 (Eighth)
June 8, 1979 (Ninth October 11, 1979 (Tenth)
December 15, 1979 (Eleventh)
June 16, 1980 (Twelfth)
December 31, 1980 (Thirteenth)
O 1
4 Parties Public Service' Company of Hev Hampshire The United. Illuminating Company Central Maine Power Company Fitchburg Gas and Electric Light Company Montaup Electric Company New England Power Company Central Vermont Public Service Corporation Canal Electric Company The Connecticut Light and Power Company New Hampshire Electric Cooperative, Ina.
Town of Hudsen, Massaenusetts Light e..d Power Department Verment Electric. Cooperative, Inc.
Massachusetts Municipal '.'hola, ale Electric Company
- aine Public Service Company Sancor Hydro-Ele?tric Cor.phry Taunter.14unicipal Lighting Plant Commission
's
- Ic e: In text that follows the wording which appears between these asterisks (***) is that additien made by the amendment noted in the margin.
i m.,
_ _.. _ _ _ _ _, ~. _.. _ _ _,, _,.
l INDEX Peregraph No.
Subject-Page 1
Description of the Units 2
2 Designation of the Site 2
'3 Participation in the Units 3
4 Conveyance 'of Property 10 j
5 Waiver of Partition 13 6
Relaticaship of Participants 13 7
Environmental Studies lh 8
Design and Construction of the Unics lh 9
Execution of Contracts 16 10 Inse suce and Liability of Participants 16 11 Payment of Capital Costs Incurred 19 12 Operation and Maintenance of the Units 26 13 Payment of Operation and Maintenance Expenses; 27-Inventories and Fuel 14 Right to Audit 31 15 Entitlements 32 16 Dispatch of bcits 32 17 Transmission of Power 33 18 Agreements - Delay in Commercial Operation Date 3h 19 Destruction, Damage, or Condemnation of Units 35 20 Other Uses of the Site 36 21 Approvals of Regulatory Agencies 38 22 Conveyance of Security Interests or in Trust 38 23 Rights re Transfer of Ownership Shares 39 24 Termination, Suspension, or Shutdown of Project h1
\\ ~,
- NDL; h ragr.iph
- 'o.
Subject Page 25 Defaults by Participants 43 26 Arbitration h6 j
27 Notices 49 I
28 Severability of Provisions 50 29 Amendment 50 4
30 Applicable Law 51 31 Term 51 32 Miscellaneous 52 33 Certain Agreements Concerning Construction Sh of the Units E::hibit No.
Descriotion 1
Ownership Shares to be Made Availabic to Additional Partic'ipants 2
Seabrook Costs (Other Than Site Acquisition Costs)
As of April 30, 1973 e
e O
,,,--c,n----.-.,
-,. ~.. -,.. - - -,,. -,,. _ _ -.., -,,. _,, -.. ~ ~ _. - - ~ _, -.. -...,,. - - -,. - - - -... - _, -. - - - -., - -,.
AOPID2:~2 FOT. J0!NI OW:RSHIP, CONSTRUCTION AND OPERATION OF E4 EAMPSEIFI NUCLEAR UNITS Agreement made as of the first day of May,1973, by and between PuY.ic Sc vice Company of New Hampshire (PSNH), The United Illuminating Co=pany (UI), Central Maine Power Company (CMP), The Connecticut Light and Power Company (CL*J), Fitchburg Gas and Electric Light Company (Fitchburg),
Montaup Electric Company Clontaup), New Bedford Gas and Edison Light Company (New Bedford), New England Power Company (NEPCO), and V9rmont Electric Power Company, Inc. (VELCO) (the. Original Participants).
The Original Participants are signatories to a Memorandum of Agree-unt dated u of June 1,1972, amended by agreemer.t dated as of July 7,1972 (the Preliminary Agreement) under which they have agreed to participate in the ownership, construction, and operation of two nuclear generating units to be constructed in Seabrook, New Hampshire, or at an alternate site in Litchfield, New Hampshire, and initia11p scheduled, respectively, for 1979 and 1961 operation (the Units). The unit scheduled for operation in 1979 is hereinafter sometimes referred to as the First Unit, and the unit scheduled for operation in 1981 is hereinafter somecires referred to as the Second Unit.
One of these sites, as designated by PSNH in accordance with paragraph 2, is hereinafter referred to as "the Site".
The Preliminary Agreemant also provides for participation in ownership of the Units by Additional Pr.rticipants (as defined therein). As used in this Agreement, the tem Participants shall mean the Original Participants and Additional Participants which become parties hereto.
This Agreement sets forth the rights and obligations of the Participants with respect to the ownership, construction, an.i operation of
2 It is agreed as follows:
1.
Descrir-ion of the Units The Units shall be two nuclear fueled steam electric generat-ing units each of approximately 1150 W net capability and will include the main power transformer or transformers and those switching station facilities and connecting cables which are installed at the Site in connection with the two unfts. The First Unit shall initially be scheduled to comence coannercial operation on or about November 1, 1979, and the Second Unit on or about November 1,1981; provided, however, that P3NH reserves the right to revise the schedules from time to time to reflect actual progress in design, et.31neer-ing, licensing, procurement, and construction. In order to meet the scaeduled 1979 and 1981 coensucial operating dates, PSNH presently intends to proceed AQ with AEC license preparation pending receipt of the New Hampshire siting certificate; however, PSNH reserves the right to revise the schedules to reficct a PSNH decision, based on developments in its New Hampshire siting proceeding, to suspend or delay AEC license preparation pending receipt of the New Hampshire siting certificate.
2.
Designation of the Site The Units will be constructed at either the Seabrook site or the Litchfield site, as determined by PSNH. Such determination will be
=ade not later than the time at which the last license or permit required to enable comencement of construction of the Units is obtained on terms sctisfactory to PShd.
The Secbrook site is located westerly of Hampton Harbor in Seabrook, Ha=pton, and Ha=pton Falls, New Hampshire, and the Litchfield site
3 is located on the easterly side of the Merrimack River in Litchfield, New Ha=pshire.
3.
Participation in the Units 3.1 Subject to change in accordance with the provisions of this Agreement, the Units and the Property Interests as defined in para-graph 4.1 of this Agreement will be owned jointly, as tenants in common with undiviced interests, by the Original Participants in the following proportions:
PSNR 50.00007.
C 20.0000 CMP 2.5505 CI&P 11.9776 Fitchburg
.1716 Montaup 1.9064 Ne5 Bedford 1.3539 NE5/C0 8.9430 V' Ict' 3.0970 Total 100.00007.
Nothing herei. shall be deemed to restrict che right of PSNH or UI to make capacity exchange arrangements on an ownership basis with other Participants which will reduce their Ownership Shares and increase the Ownership Shares of such other Participants.
In accordance with the Preliminary Agreement, the Origina'.
Participants agree to =ake available to the Additional Participants portions of their interests, as set forth in paragraphs 3.2 - 3.4 below.
The proportions in which the Participants shall own the Units and be entitled to their capacity and output, as from time to tire established under this Agree =ent, are herein referred tc as ene " Ownership Shcre" or " Ownership Shares".
l
. = - --
4
_L_
~%
- Over the-Adjustment Periods (as defined below), the Ownership Share of PSNH shall be reduced and (i) the Ownership Shares of Sangor, CYP, Hudson, IGWEC, Montaup, NB and Taunton (herein collectively refarred to as the " Initial Transferees") shall be increased by 1.801h2%,
i' 1.C5, 0.01957%, 6.00091%*,1.0%, 2J 7390% and 0.13065%, respectively, and (ii) the Ownership Share of each party which shall become an Additional 10th l
Transferee as provided in clause (e) hereof shall be increased by the Amend.
per:entage Ownership Share specified by such party pursuant to said clause (e) (the Initial Transferees.and Additional Transferees being herein referred to as the "Transferees" and the percentage increase of each Transferee being hereln referred to as its "New Ownership Share"), as I
l follevs : ***
I
- * *( a ) That portion of snounts incurred while one or more Adjustment' Periods are in effect for costs.of the Units which would be applicable to the Ownership Share of PSNH in the absence of this provision i
shall be for all purposes of the Agreement deemed applicable to the Owner-t ship Shares of the Transferees for which such Adjustment Periods ere then in effect in the proportion.that the New Ownership Share of each such 13th 4
Amend.
Transferee bears to the aggregate New Ownership Shares of all Transferees fer which Adjustment Periods are then in effect; proviacd, however, that if, 1
at any time while the Adjustmant Periods of Bangor, CMP,-Fitchburg, Hudson, Mentaup and N3 are in effect, the Adjustment Period of MMWEC is not in effe:, the portien of amounts incurred for such costs which shall be i
i itemef errlicable to the Cenership Shares of the above-named Transferees i
j c.:. 2e nniuted at though the Adjustment Periods of MMWEC and Taunton
,...c.
.. a r. c.. e.
?-
- c - le riirttly more or less, as specified by written. notice by !CiWEC to-
= :- -.
.-__--_.-..__....--__..-.m._.,....-
_5_
For purposes of this provision, the terms " cost" cr "cests" shall include the amount invoiced to the Participants, except that in the case of PSNH " cost" shall be the difference between the a= cunts invoiced to the Participants and the total amount on which such invoices are based. In all cases, " costs" shall be considered to be' applicable to a Participant's Ownership Share regardless of whether payment of the in-voice has been received by PSNH and shall not include any Participant's allowance for funds used during construction or any equivalent thereof or
~
interest, if any, paid by MMWEC pursuant to clause (f) below.
The Adjustment Period or Adjustment Periods in effect as to any Transferee shall be.the period or periods beginning with the Effee-13th.
tive Date with respect to each New Ownership Share of such Transferee and Amend.
ending on the earlier off(i) in the case of a Transferee having another
.(
Ownership Share, when that Share has increased by the amount of its New Ownership Share, or (ii) in the case of each other Transferee, when such Transferee's Ownership Share is equal to its New Ownership Share, or (iii) termination of the Project. If the Effective Date of the Adjustment Feriod of New Hmmpshire Electric Cooperative, Inc. (NH Coop) has not occurred by Jahuary 1,1981, NH Coop or PSNF may at any time thereafter, by written notice to NH Coop or PSNH, as the case may be, terminate the proposed acquisition of NH Coop's New Ownership Share, in which case NH Coop shall have no further rights or obligations with respect to such New Ownership.
Share. Such termination shall not affect the other acquisitions contemplated
.herein.
PSNH shall promptly-notify the Participants and other Transferees of such termination.
The Effective Date with resoect to the New Ownerrhip DG Shsres of_Eangor, CMP, Fitchburg, Hudson, Montaup and N3 shall be January 31, t
- 69.
I 1
Subject to clause (f) below, the Effective Date with s
\\
respect to the New Ownership Share of MMWEC shall be the last-day of the I
month in which MMWEC shall receive an approval of the Massachusetts Depart-l
. ment of Public Utilities of tRe financing by MMWEC of the acquisition of such New Ownership Share (MDP0 Order).
1 The Effective Date with respect to the New Ownership Share of Taunton shall be the last day of the month in which Taunton shall i
i have received the last of the approvals of the Municipal Lighting Plant I
Conmission of the City of Taunton and the Taunton City Council.
If the 13th Effective Date of the Adjustment Period of Taunton has not occurred by Amend.
June 30, 1981, Taunton shall have no furth=r rights or obligations with respect to such New Dwnership Share. No such t.cmination shall affect any other acquisitions of New Ownership Shares contemplated herein.
The Effective Date with respect to the New Ownership Share of NH Coop shall remain as provided in the Tenth Amendment, i.e.
the last day of the month in which the last of any required regulatory ap-4 provals of the type specified in Section 3 of the Seventh Amendment with respect to the acquisition by NH Coop of its New Ovnership Share shall have been received and financing of such New Ownership Share shall have beer
~
j accomplished.
Appeals or other requests for review of any such regula-a tory approvals shall not stay the Effective Date established in the preced-ing two paragraphs of-this clause (a). unless a stay is issued by the court.
~
cr. ether body to which the appeal or request for seview is directed.***
- (b)
During any Adjustment Period, the Ownership Share of PENH and of each of the Transferees shall be that percentage which the a.crerate costs then applicable to such Ownership Share under the provisions 10th
-Anend.
c' thi: Acreement including the foreroing clause 'a) ir, of the aggreFate ec:t then so applicable to all Participants.
l
_7_
i (c) The obligation of each Transferee to pay any amount specified in the foregcing clause (a) shall be subject to the condition pre-cedent, at the time such payment i T required, that PSNH shall have delivered to the Transferee:
(i) an invoice for the amount of such payment, referring to paragraph 31 and shoving the total costs otherwise applicable to PSNH's share, on 1:hich the Transferee's proportion is computed, and stating that the Adjustment Period has not been terminated pursuant to the foregoing clause (a);
(ii) a certificate or other instrument in record-able form of PSUH confirming the Transferee's adjusted Ownership Share pursuant to the foregoing clause (b) after giving effect to 10th Amend.
the invoice specified in the preceding subclause (i); and (iii) such other instruments, certificates,
- ~.
opinions or documents as the Transferee may reasonably request to establish or confirm its interest in the Units, the Property Inter-ests, and related rights and interests in accordance with its ad-justed Ownership Share.
(d) At the time that PSNH requests from a Transferee the first payment pursuant to the foregoing clause (a) inserted by the Tenth Amendment to the Agreement, PSNH shall deliver-to such Transferee necessary-i releases, if any, from all trustees under bond indentures to which PSNH is r
- r. party or to which any of its assets or properties is subject, and an r
opinion of counsel for PSNH in form and substance satisfactory to such i
Crsnsferee to the effect that the Agreement, as amended by the Tenth Amend-l i-i r.ent to tha Agreement,.is the valid, legal, and binding agreement of PSNH
{()
and will be effective to establish as to each Transferee the full legal rif-t, free and clear of any liens or security interests of mortgages or I
f l
3 I. - -.,- -....._,_...,_..
8_
security agreements of PSNH, to its proportionate share of the Units, Property
(
- nterests, and related rights and interests in accordance with its adjusted Ovnership Share, in c-cordance with the provisions of the Agreement.
(e) A Participant may become an Additional Transferee with respect to an increase in its Ownership Share by execution and delivery to PSNH of an agreement to such effect, in the form atteched as Exhibit 1 to the offer dated October 11, 1979, of PSNH vith respect to the Units, speci-10th If an fying the percentage Ownership Share constituting such increase.
Amend.
l Initial Transferee has agreed or shall agree to a further increase in its ownership Share, such further increase shall be deemed a separate New Owner-a ship Share with respect to which such Transferee shall be deemed an Addi-i tional Transferee (and not an Initial Transferee).
i i
Any other public utility approved by PSNH, whetner muni-a cipal, cooperative or investor-owned, may become an Additional Transferee by t
entering into an Agreement with PSNH to such effect in the ' form attached as i
i Exhibit 2 to the offer dated October 11, 1979, of PSNH vith respect to the J.
I Units, specifying the-percentage Ownership Share it agrees to acquire, and agreeing to oecome a party to the Agreement and entitled to all rights as l
~
I
~ a P rticipant hereunder to the extent of its Ownership Share.***
- i f) MMWEC shall use its best efforts to complete the first issuance of securities for the financing of its New Ownership Share as promptly as possible after receipt of the MDPU Order.
PSNH may, in 13th t-Amend acccrdat.ce with the provisions of clause (c)(i) cf Paragraph 3.1 of this F
Agreement, invoice NMWEC for such New Ownership Share as of the first day cf the nonth following the month in v1.ich the MDPU Order is received. The i
- s. unt of any invoice issued to Ef4EC pursuant to this clause for its Uew b(
fr..ership Share, together with~ interest thereon from the date of sn'd in-j t
)
c; ice to the date of payment at a rate of thirteen percentum (135) per H
. _ _ ~
i
_o_
t
~
annum until March 31. 1981, and theresfter at the rate equal to the rate j
at which PSIIH has during the period accrued to its allowance for funds l
used during' construction, shall not be due and payable until the first i
business day following receipt by MMWEC of the proceeds of such initial i
financing.
If, for any reason, MMWEC shall be unable to complete such financing by June 30, 1981, (i) no further invoices shall be issued pursu-ant to the second sentence of this clause (f), (ii) MMWEC shall be and j
hereby is released and discharged from any obligations arising under the amendments to Paragraph 3 1 contained in the Thirteenth Amendment to the d
Agreement, which relate to the Adjustment Period which started on the Effective Date established under clause (a) of Paragraph 3 1, including obligations under the outstanding invoices and such invoices shall be null 1
and void, (iii) the Effective Date of MMWEC's New Ownership Share estab-13th lished in clause (a) of Paragraph 3.1 shall be deemed automatically can-Amend.
celled and the Effective Date of MMWEC's New Ownership Share shall there-
{
after be the last day of the month in which MMWEC shall receive the pro-ceeds fror. the first issuance of securities for such New Ownership Share, 1
i and (iv) such portion of the New Ownership Share theretofore acquired by I
IM.'EC shall revert to PSHH; provided, however, that IM'EC shall not thereby l
be excused from the obligation to use its best efforts thereafter to com-t plete such financing in the manner contemplated by this clause (f).***
~
3.2 Each Original Participant shall, if 'and to the exter.t l
required by the provisions of paragraphs 3.3 and 3.., make availsble to the Addi:ional Participants a porcion of its Ownership Share, as set forth in j
t p.trtgraph 3.1.
In such event, the Unitt cnc the Property Interests will be i
uned,*cintly by the Origins 1 Pcr:1cipcnts end. am /.dditional Participants te ag:tring Ownerrhip Shares.
i v.
. - -,,,,, _, _.,, -, _. ~., _,., _, -, -.,,,,.... -.
_lo_
The own,ership Shares to be made available to Additional 3.3 i
Participants, and the Original Participants' respective obligations to make such Ownership Shares available, arc set forth in Exhibit 1 attached hereto and made a part hereof.
3.4 An Additional Participant desiring to participate in ownership of the Units shall, on or before Nove=ber 30, 1974*, become a party to this Agreement and the Transmission Agreement identified in paragraph 17 of this Agreement by executing copies thereof and shall thereby acquire an At the time ownership Share in each of the Units equal to its Commitwnt.
of such execution each such Additional Participant cetil reimburse each Original Participant by which any portion of its Ownership Share was made available for costs theretofore paid and incurred by such original Participant under this Agreement in excess of such origincl Participant's Ownership Share (as revi.;ed), including an " allowance for funds used durirg construction" at the rate or rates used by such Original Participant from the dates such costs were paid or incurred to the dates of reimbursement i
by such Additional Participant. Following their acquisition of Ownership Shares and reimbursement of Original Participants, such Additional Participants shall be deemed to be Participsnes for all purposes of this Agreement.
If an Additional Participant shall not, on or before November 30, 1974*, enter into this agreement and the Transmission Agree-ment with valid and binding effect en such Additional Participant, it shall no longcr have any right to pcr:icipate in the Units.
4, Cervevrner 6f Pre *< r s >
4.1 Pro =ptly followin; designctien of the Site in accordance vitn ptrarrach 2 or ;cns SC, 1$7e (w'..ichever u ccer), PSNK shall arrange variously changed by Amenitents dated May 2L, 1971, September 2t, 19-L
- sta'otnber Oc, lo?L; and ultimately extended to January 31, 1975, by Waiver Arroement dnted December 26, 197h.
_ _. ~
~
_11
+
for and co=plete conycy:.nce to the Pcrticipants, in their adjusted Ownership Shcres in :nc Units, of titic, in fee simple, to that portion of the Site which is designated by PSh'd as the First and Second Unit Site (or to such h
portions of the First and Second Unit Site so designated as have then been eI acquired), together with such easements, rights, and permissions as may be re.csonnbly required for the construction and operation of the Units, but including those required for necessary transmission lines. All of the not property to be so conveyed (including such portions of the Site and such easements, rights and permissions) are hereinafter referred to as the
" Property Interests". However, PSh1 shall retain authority to determine activities on the Site so as to permit the Site to qualify as an "exclusica area" for the Units and any other units which may be located on the Sitr..
If any portions of the First and Second Unit Site have not then been acquired, they shall later be conveyed to the Participants when acquired. In desig-nating the Ff rst and Second Unit Site, PSNH will include sufficient area to permit (with such easements, rights and permissions) the use of the First and Second Unit Site for the purposes contemplated by this A :eement. In 5
making such easements, rights, and permissions available hereunder, PSh3 sha'l take into account, to the extent it deems practicable, any special requirements of the other Participaut:' mortgage indentures as to bondable The property or otherwise which are brought to the attention of PSNH.
conveyance vill be by one or more indentures of co-tenancy and vill be subject tc any restriction: contnined in the underlying deed; and any restrictions or licas resulting from municipal actien, but free of any mortgages or attach-n.en u.
Sut:t conveys.nce shall be by instruments warranting only against deftett in titic bas ed on any ac tions by Properties, Inc., or PSNH during the r rc: pet:Wc pariods of ownership. Each Participant shall have the right to review the titles to the Property interests. Upon notice by any
-12 Participant to PSNH that there is any defect in the titles to the land k,,/
cor.prising the First and Second Unit Site, or any lien or encumbrance with respect thereto, which, in the reasonable opinion of counsel for such Participant, would prevent said land or any improvements thereto from being used as a basis for the issuance of securities by such Participant, PSNH shall use its best efforts in cooperation with such Participant and at the expense of such Participant to clininate or cure such defect, lien or encumbrance.
If any such defect affects more than one Participant, such expenses shall be shared by them in proportion to their Ownership Shares. In no event, however, shall any such defect, lien or encumbrance permit any Participant to delay or reduce payment of its Ownership Share of the price payable for the Property Interests, 4.2 If deemed necessar' by PSNH, appropriate easements in the i
()
First and Second Unit Site shall be provided to PSNH for transmission f acilities by reservation in the conveyance to Participants.
4.3 In consideration for its Ownership Share of the Property Interests each Participant shall upon delivery of the instrument conveying tihle thereto pay to PSNH, Properties, Inc., and/or UI, as directed by PSNH, such Participant's Ownership Share of that portion of the total Site acquisition costs to PSNH, Propettles, Inc., and/or UI to the date of conveyance, including an " allowance for funds used during construction" and property enxes, allocable to the First and Second Unit Site, such total Site acquisition costs being deter =ined in accordance with the Federal Power Co=m ssicn's Uniforu System of Accounts Prescribed for Class A and B Public Utilitier and Licensees (the Uniform Syste=). The portion so allocable to the first and Second Unit Site shall be that portion of such total Site j
x/
c:cuisition costs as determined by PSNH which is equal to the sum of (i) the
~ _ _.. - -..
_13_
purchase price of the land included in the First and Second Unit Site and (ii) the a=ount by which such total Site acquisition costs exceed the aggre-gate purchase price of all the land included in the Site (the costs as of April 30, 1972, of the Seabrook sits being itemized in Exhibit 5 to the Pre-11=incry Agreement). Upon delivery of such instrument of conveyance, each l
Participant shall also evidence full cc=pliance with the provisions of this Agreenent by paying, in addition to the amount payable under the first sentence of this paragraph 4.3, all sums then due and payable which are required to be paid by any other provisions of this Agreement or undar any contract entered into by or on behalf of each Participant in pursuance of this Agreement.
5.
Waiver of Partition 5.1 Each Participant hereby vaives any right to partition the Units and the Property Interests or any part thereof (whether by partition in kind or by sale and disposition of the proceeds thereof) so long as the Property Interests are used or useful for an electric generating unit, or for the forth in paragraph 31.1, whichever is less, and agrees not to term set co=mence during such period any action of any kind seeking any form of partition with respect thereto whether pursuant to a remedy at common law or under any statute and waives the benefit o'f all laws and decisions, now l
or hereafter enacted or decided authorizing such partition. The indenture of co-tenancy and each other deed or instrument conveying any title or right
[
to any Pcrticipant shall contain an express waiver of any right to partition plus the other provisions of this Agreement or such of them as, in the opinion Of ccunz el for PSFd, should approprictely be recorded in the Registry of Deeds.
6.
Relationship of Participants 6.1 The obligations of the Participants cre several and not jcin:. Any intent to crecte by this Agreement or by any grant, lease or
_ +
license related hereto an association, joint venture, trust or partnership I'^)
or to impose on any Participant trust or,artnership rights or obligations NJ is expressly negatived. Except as expressly provided herein, no Participant shall have by virtue of this Agreement or of any such grant, lease or license the right or power to bind any other Participant without its express written consent.
7.
Environmental Studies 7.1 Certain environmental studies have been either completed or commenced by PSNH. Those not yet completed shall be completed and PSNH
=ay undertake such additional environmental studies as it deems necessary or desirable in connection with the siting or design of the Units or the securing of any approvals therefor.
8.
Design and Construction of the Units
\\- /
- S.1 PSNH shall have sole responsibility for, and is fully authorized to act for the other Participants with respect to, and shall determine the design, engineering, procurement, installation and all other aspects of the construction of, the Units and of any modifications or addi-tic;s at any time made to the Units, except as the Participants shall other-vise agree, all in accordance with " Prudent Utility Practice".
As used herein, the term " Prudent Utility Practice" shall at a particular time mean any of the practices, methods and acts which, in the exercise of reasonable
'udement in the light of the facts known to PSNH at the time the decision 6th was Tade, could have been expected to acccmplish the desired result at a l Amend.
ressenatie ecst consistent with licensing and regulstory consideratiens, encircnmental considerations, reliability, safety and expeditien and taking i
ine: acccunt the interests of all Participants.
In datermining whether any i
(v~'}
tre7tice, method or act is in accordance with Frudent Utility Practice, due
_15_
censideration shall be given to the fact that the design and other aspects l
()
of c:nstruction of nuclear electric generating units invcive the applicaticn of advancing technology and are subject to changing regulatory and environ-i mental requirements.
Prudent Utility Practice is not intended to be limited 6th
' Amend.
to the optimum practice, method or act, to the exclusion of all others, but rather to be a spectrum of possible practices, methods or acts including these involving the use of new concepts or technology.*** It is expected that the Nuclear Services Division of Yankee Atomic Electric Company will provide engineering and construction supervision, that the architect-engineer will be United Engineers and Constructors, Inc., and that Westinghouse Electric Corporation will supply the nuclear steam supply system and fabrication of initial fuel loading and of several regions of reload fuel. The Participants shall share risks of employee negligence and other risks of construction in acecrdcuce with their respective Ownership Shares.
During the process of design and construction of the Units or of any modifications or additiuus thereto, PSNH shall furnish reports, at least quarterly, to all Participants with respect to progress of the project, shall provide each Participant at other times with such other information relating thereto as such Participant reascnably may from time to time request, and shall endeavor to advise all Participants concerning any design decisions which will have a significant i
adverse effect upon the cost of power from the Units, or upon their reliability or availability, and to consider responses thereto.
It is recognized by the Pcrtic.ptnct that requests and consideration of responses a. aforesaid must not be allowed to delay work on the Units to such an extent,as to create a etter cl civctse effect on the coct of the Units or the timetable for their completica cnd that PSNH will have sole discretion in making design and
()
construction decisions,
s_-
...w..
9.
Execution of contracts 9.1 The contracts covering design, engineering and construction services and major components of the Units and all other contracts relating to procurement, operation and maintenance of the Units, including contracts for the purchase of materials, equipment, fuel, or services for the Units shall be executed by PSNH acting for itself and as agent on behalf of each of the Participants, shall provide for several and not joint liability in proportion to the Participants' respective Ownership Shares and may provide for separate invoicing to the Participants in accordance with their~ Ownership Shares ; provided, however, that at the request of PSNH, any Participant shall,.
on its own behalf, execute any of such contracts; and provided further, that the firm or firms responsible for the engineering and cor.struction of the Units may be authorized by PSNH to sign contracts as agant for all Participants.
k*hether or not a contract is entered into in the name vf all Participants, each Participant shall be severally and not jointly responsible for its ownership Share of all amounts that are payable under or with respect to the contract. No contract contemplatad by this paragraph shall provide for retention of title by a supplier to property purchased for the Units after the delivery of the property at the Site.
It is understood that PSNH has prior to,the date hereof executed in its own nrme certain contracts relating to.the Units, including without limitation contracts with Westinghouse Electric Cor-poration for the purchase of two nuclear steam supply systems and for nuclear fuel fabrication, and each Participant by its execution hereof agrees at the request of. PSNH to accept in writing assignments from PSNH of interests in such contracts proportional to such Participant's Owncrship Share, whereupon such Partiefpant shall be severally and not jointly responsible for its Ownership Shcrc cf all c=ounts payable under or with rcspect to such contracts.
10.
Insurance and Liability of Particicants 10.1 PSNH is authorized to obtain and maintain, and shall ob:.cin and maintain on behalf of all Participants, policies of liability
I and property insurance with respect to ownership of the Property Interests i
and the construction, ownership, c,peration, and maintenance of the Units which shall afford protection against the insurable hazards and risks as to which r
the owners of units of similar size and type customarily maintain insurance, i
unless PSNH is unable to obtain, or to obtain on reasonable terms, any such insurance or unless Participants having Ownership Shares aggregating at least
[
807 agree that any such hazard or risk (other than that of nuclear liability) shall not be insured. Such coverage shall include, to the extent available, nuclear liability insurance from NELIA or MAELU, or both, in such form and in such amount as will meet the financial protection requirements of the Atomic Energy Act of 1954, as amended, and an agreement of indemnification as con-i templated by Section 170 of said Act.
In the event that the nuclear liability protection system contemplated by said Section 170 is repealed or changed, PSNH shall obtain and maintain, to the extent available on reasonable terms, alternate protectien against nuclear liability.
It is recognized that the amount of property insurance available to the generating units in a nuclear electric generating station may (as it now is) be subject to an overall site limitation and that if so, PSNH may be unable to obtain all of the property insurance coverage which would otherwise be required by this paragraph.
If, as a result of such coverage limitation, the amount of insurance proceeda received on a loss simultaneously affecting one of the Units and one or more other units or l
other property on the Site is less than the aggregate amount of the insurable loss, the insurance proceeds shall be allocated among the units or other property affected in proportion to the gross investments therein. If the in urcr.ce proceeds allocated (or recilocated) to any unit or other property in this manner are in excess of the insurable loss sustained as to it, such excess shall be reallocated in the same manner among the other units or property affected.
-r
-m-,..
n, _ _, ___
_18_
4 l
j In the event PSNH determinas that all or a portion of the property insurance for the Units should be provided through a mutual insurance company organized by electric utilities or otherwise, it may, I
following consultation with the other Participants, require all Participants to become members of such company, subject to their obtaining necessary regulatory approvals.
The premium for the property insurance obtained pursuant hereto shall be allocated among all of the units covered on the basis of the gross investments in the units.
In the event any portion of the insurance contem-plated by this paragraph cannot be obtained, or cannot be obtained on reasonable terms, writtul notice of such fact shall be given to all Participants.
PSNH shall keep the other Participants informed as to the status of insurance in force. Any Participant may request additional insur-5th
(
ance to the extent available, and PSNH chall purchase such requested insurance Amend.
at the expense of such Participant. The proceeds from such requested insur-ance shall be disbursed as directed by such Participant.***
Each insurance policy obtained pursuant to this paragraph sha,11 name to the extent of their insurable interests all Participants as insureds, each to the same effect as if separately insured, and shall, if a Participant so requests, include as insureds mortgagees and others holding a security interest in such Participant's undivided interest in the Units; and i
certificates of insurance for all such policies shall be provided to each Porticipant upon request.
PSNH shall have authority on behalf of all Participants to settle any loss covered by any policy of insurance obtained pursuant to
\\s t
-,,_y7.-y-
,.y,...w_,,_,m,,,p..-_,,.-s.
m
=
7
-19 thir psrsgraph.
- PSNH shs11 notify the other Participants of ar.y such liza, and before entering into any such proposed settlement, shall notify the other Participants of such proposed settlement, and shall, to the extent sufficient time is available, provide the other Participants with an opportunity to 5th co= ment; provided, however, that such right to comment shall not be allowed i Amend.
i l
i i
l to delay any settlement or to affect the sole discretion of PSNH in making such settlement.***
10.2 Any uninsured loss, damage, or liability and any expenses arising out of any such loss, damage, or liability shall be borne by the Participants in accordance with their Ownership Shares.
}
10.3
- For and in consideration of the fact that PSNH pursuant i
to this Agreement is undertaking to design, engineer, procure, install, construct, operate and maintain the Units for and on behalf of itself and the O9 other Participants as their respective interests appear without any 5th Arend compensation or charge other than the recovery of PSNH's actual costs and expenses for such service, no *** Participant shall be entitled to recover from.
PSNH for any damages resulting from error or delay in the design, engineering, procurement, installation, or construction of either of the Units, or for any damage thereto, any curtailment of power, or any other damages of any kind, 4
1 including consequential damages occurring luring the course of the design, engineering, procurement, installation, construction, operation, or mainte-of the Units or otherwise arising out of the performance of this ncnc2 Agree =ent, unless such damages shall have resulted from a deliberate violation i
1 cf :Lis Agressent occurring pursuant to authoriced co;porate action by PSNH.
11.
Pav=ent of Casital Costs Incurred
()
11.1 Upon execution of chis Agreement each Original Participant l
cht 1 reimburse PSNH and UI such Original Participant's Ownership Share of the i
4
)
l
... total amount shown in Colu=n (C) of Exhibit 2 to this Agree =ent, said amount being the su= cf (a) the costs for the period prior to May 1, 1972 shown in Exhibit 4 to the Preliminary Agreement plus (b) the costs for the period May 1, 1972 through April 30, 1973.
Each Participant shall thereafter promptly after receipt of invoices from PSNH, which shall be submitted by PSh3 monthly, pay to PSNH its Ownership Share of any a=eunes incurred by PShT additional to those reimbursed in accordance with the imediately preceding paragraph, whether incurred prior to the date of this Agreement or thereafter, for (other than those covered by paragraph 4.3) all direct and indirect costs associated with the design and construction of the Unite, including but not limited to costs incurred pursuant to paragraphs 7, 8, 10, or 21, or for similar costs incurred by PSNH at any time during the lives of the Units as a result of modifications or additions to the Units, including any costs of removal and reflecting any salvage. Costs for which the Participants are liable pursuant to this paragraph 11 shall be determined in accordance with the Unifor= System and shall include all direct and indirect costs reasonably incurred by or on behalf of PSNH with respect to the Units or either of them which are properly chargeable to capital accounts under the Uniform System (or such similar accounts as may hereafter become appropriate) in connection with the design, engineering, procurement, installation, construction, Such costs will insuring, and licensing of the Units or either of them.
also include costs incurred by PSNH in improving and developing the Site as required for the Units. Each Participant further agrees, with respect to all contracts for engineering and construction services and components of the Units as to which the Participants are separately invoiced for their Owner-ship Shcres by the contractor or manufacturer, to pay promptly all such inveicer properly rendered. Each Participant shall make available to PSNH upon PSNE's request the Participant's Ownership Share of such amounts as
/
PSNK =ay reasonably request in order to enable PSNH to make timely payments for costs covered by this paragraph without the necessity of use by PSNH of its own funds to cover other Participants' Ownership Shares of such payments.
Any a=ount remaining unpaid after 15 days following the receipt of invoices or requests under this paragraph shall bear interest thereon from the date of invoice or request at an annual rate of 27. over the lowest interest rate then being charged by The First National Bank of Boston on 90-day commercial loans; *** provided that any Participant which agrees to pay the additional expense, if any, which may be caused to PSNH by its request, may require PSNE to furnish invoices and requests for funds to it 15 days in advance of th; schedule 1-11 owed by PSNH as to other Participants. A Participant which requests that invoices and requests for funds be so furnished to it 15 days 5th in advance shall not be obligated to pay interest in accordance with the Amend.
U preceding sentence unless it fails to pay an invoice within 30 days of its receipt thereof, or fails to provide funds so requested within 30 days of receipt of the request.***
There shall be included in the costs co tered by this paragraph amounts equal to the costs of ownership to PSNH and UI (including but not limited to capital costs, including related franchise and income taxes; property taxes; and incurance) of that portion of the Site which is t.ot within the First and Second Unit Site as designated in accordance with paragraph 4.1, which amounts (a) for the period prior to operation of the First Unit shall be all of scid costs of ownersnip and (b) for the period beginning with operation of the First Unit and prior to operation of the Second Unit shall be one half of said costs of ownership.
O
- As part of the quarterly reporting procedure required by t
paragraph 8, PSNH shall prepara and provide to each other Participant a cash flow estimate showing by quarters projected construction costs to be shared l
by the Participants under this Agreement throughout the construction period of the Units. Such cash flow estimate shall be reviewed semiannually and revised as necessary, and copies of any such revision shall be furnished Participants with the next progress report furnished pursuant to paragraph 8.
At the beginning of each calendar year or as soon thereafter as is practicable 5th throughout the duration of this Agreement, PSNH shall provide each other Amend.
Participant with a schedule showing by month the projected costs to be shared by Participants during such calendar year. Throughout the construction period of tls Units, such schedule shall be revised for the remainder of the calendar year at approximately mid-year.
In addition, each monthly invoice l
to one of the other Participants throughout the construction period shall include, in addition to the information provided for in the preceding paragraph, an estimate of the amounts of projected const-uction costs to be shared by Participants during the two months folicwing the one for which the invoice is submitted. All schedules and estimates provided for in this
(
paragr'aph shall be for informational purposes only, and any inaccuracies or errors therein shall in no way relieve any of the other Participants from the obligation to pay promptly all invoices rendered in accordance with the provisions of this Agreement.
- 11.2
'Jithin not more than 20 days after receipt of a request i
fren PS3H, each of the following Participants vill make an advance payment o+
tc m i the costs of the Units (in addition tc the nornsl monthly paynente f]h
- .ide ty such Farticipant), of the amount set forth opposite its name belov
'v:
chall be the amount cpecified in the request):
6
23 "he United Illuminating' Company
$ 3,000,000 Sanger Hydro-Electric Company lll,ThT Central Maine Pcver Company 765,150 Central Vermont Public Service Corporation 539,130 Fitchburg Gas and Electric Light Company 51,h80 Hudson Light and Power Department 5,256 Maine Public Service Company 438,168 Massachusetts Municipal Wholesale Electric Company 1,635,92h Montaup Electric Company 571,920 New Bedford Gas and Edison Light Company h06,170 New England Power Company 3,033,090 9th Taunton Municipal Lighting Plant 30,102 Amend.
Vermont Electric Power Company, Inc.
39,780
$10,627,917 The advance payments shall be credited against costs of the Units applicable i
to the Ownership Share of such Participant and invoiced or accrued to it j
commencing *** the earlier of (i) January 1,1981, or (ii) the Effective
.f llt? h j 12th
_x]
~
ll Amen Date with respect to the New Ownership Shares of the Initial Transferees specified in paragraph 3.1(a) cf the Agreement ***
or on such earlier date as FSNF. shall specify by written notice to each such Participant; provided, however, that if construction of the Units ia suspended or l
terminated prior to *** the earlier of (i) January 1,1981, or (ii) the 11th 4
& 12th' Effective Date with respect to the New Ownership Shares of the Initial Amend.'
Transferees specified in paragraph 3.1_(a) of the Agreement ***, such credit hall commence as of the date of such suspension or termit2 tion.
Such credit shall be in the amount of the advance payment plus interest at the rate specified in paragraph 11.1 of the Agreement from the date of the advance payment to the date of such credit. The amount of the advance l
9th payment to be made by each such Participant was arrived at by multiplying Amend.
4 f
l twice its ownership Share at May 31, 1979, times $15,000,000, except that a
S "t.e United Illuminating Company's advance pa3nent was arrived at by mul-tir; yin - itr Ownership Share _at May 31, 1979, times S15,000,000.***
- his date was first changed to July 1, 1980 by the Eleventh Amendmen.
x which also provided "except that in the case of The United Illuminat-ine Ccmpany said January 1, 1930, date shall not be changed and the rdvnnee payments of The United Illuminating Company shall be cred'.ted
.. ;.r
- rr' e c f the Unite applientM to itr Ownerrhip Share and in. -iw or accrued t c, it commencin ; January 1,1980."
-2h-Within not more than 20 days after receipt of a request freml
- 11.3 1
P2'.3, each of the following Participants vill make an advance payment toward the costs of the Units (in addition to the normal monthly payments made by L
- such Participant and the advance payment heretofore made by such Partici-4 pant under paragraph 11.2), of the amount set forth opposite its name,' w (which shall be the amount specified in the request):
$ 111,Th7 Bangor Hydro-Electric _ Company 765,150 12th l
. Central Maine Power Company Central Vermont Public Service Amend.
539,130 i
Corporation Fitchburg Gas and Electric Light Company 51,h80 Hudson Light and Power Department 5,256 h38,168' Maine Public Service Company Massachusetts Municipal Vnolesale 1,635,924 Electric Company 571,920 Montaup Electric Company New Bedford Gas and Edison Light Company h06,170 New England Power Company 3,033,090 Taunton Municipal Lighting Plant 30,102 Vermont Electric Power Company, Inc.
39,780 I
i
$7,627,917 p-4 V
"he advance payments shall be credited, together with the advance payments made_by such Participants under paragraph 11.2, against costs of the Units t
applicable to the Ownership Share cf such Participant and invciced or f
accrued to it commencing on the earlier of (i) January 1, 1981, or (ii) the Effective Date with respect to the New Ownership Shares of the Initial Transferees specified in paragraph 3.1(a) of the Agreement (as amended by the Tenth Amendment to the Igreement); provided, however, that if construc-tien of the Units is suspended or terminated prior to Jaruary 1,1981, such credit shall commence as of the date of such suspension or termination. Each such credit shall be in the amount of the advance payment plus interest at the rate specified in paragraph 11.1 of the Agreement from the date of the advance paymnt to the date of such credit. All advance paynents under paragraph 11.2 shall be credited prior to any of these under this paragraph t
l
11.L If the Value of the Trust Estate, as hereinafter defined,
^
under the Collateral Trust Indentnre dated as of July 2,1979, between the F
Company and The Connecticut Bank and Trust Company, as Trustee, decreases 3
F at any time or from time to time to less than 125% of the aggregate amount of the advance payments outstanding from the Participants under paragraphs l
11.2 and 11.3, the advance payments shall be credited against costs of the Units applicable to the Ownership Share of each such Participant and there-after invoiced r accrued to it, until the Value of the Trust Estate equals or exceeds 125% of the aggregate advance payments under paragraphs 11.2 and 12th 11.3 not so credited. Each such credit shall include interest on the advance Amend.
payment so credited at the rate specified in paragraph 11.1 of the Agreement from the date of the advance payment to the date of such credit. All advance
. payments under paragraph 11.2 shall be credited prior to any caf those under paragraph 11.3 Such credit shall be apportioned among Participants accord-N,j ing to the sise of the advance payment of each Participant. The term Value i
of the Trust Estate" as of any date shall mean (i) the number of pounds of U033 included in the Trust Estate multiplied by the dollar price per pound j
of U 03 8 as quoted under the' caption of " Exchange Value" in the Nuclear Ex-change Corporation's most recently published Monthly Report to the Nuclear p dustry plus (ii) the aggregate number of dollars, if any, expended in connection with the conversion of such pounds of U 08-inuo UF. ***
3 6
l
- 11.5 Notwithstanding the provisions of paragraph 11.2 of J
the Az;reement to the contrary, advance payments made pursuant thereto 33g shall be credited against the costs of the Units appliciale to the Owner-
Taunton and VEC commencing on the earlier of June 1,1981 or the first j
l day of the month following the month in which IMIEC shall receive the pro-ceeds frem the first issuance of securities to finance its increased Owner-I
? nip Share prcvided in Paragraph 3 1 of the Agreement and in the case of i
. costs applicable to MMWEC cn the earlier of June 1,1931 or the first business day follcving receipt by MMWEC of the proceeds of such initial
/~
(\\ s) financing; provided, however, that if construction of the Units is suspended 13th or terminated prior to such date, such credit shal commence as of the date Amend.
of such suspension or termination.
Interest at the rate speciffed in Para-graph 11.1 of the Agreement snall continue to accrue on such advance pay-ments until the day of such credit.***
12.
Oteration and Maintenance of the Units 12.1 Subject to paragraph 16.1 with respect to power pool operation, PSNH shall have sole responsibility for, and is fully authorized to act for the other Participants with respect to, operation and maintenance of the Units (which shall include but not be limited to replacements, repairs U
and fuel procurement) in accordance with *** Prudent Utility Practice (as Amenc..
defined in paragraph 8.1)*** for the benefit of all Participants, the objec-(,-)
tives being to operate the Units as efficiently, economically and reliably as feasible. The Participants shall share risks of employee negligence and other risks of operation and maintenance in accordance with their respective Owner-ship Shares.
In furtherance of such responsibility PSNH shall select, hire ani control such personnel as are required, which personnel shall be e oloyees solely of PSNH unless otherwise determined by PSNH upon notice t' the other Participants. PSHH shall keep all Participants reasonably informed with res-pect to operation and maintenance cf the Units and insofar as feasible consistently with the stated objectives shall censult with all Participants with respect to all significant decisions prior to making such decisions ex-(a) in er.ergency situations and (b) to the extent that such decisions cert re'. ate to maintenance and dispatch of the Units in accordance with the pro-ricions of a power pool agreement, as set forth in paragraph 16.1; rrovided,
(
)
s v
"~cever, that such censultation shal. not be allowed to delay work on any tr me of operrition er r.iaintensnee er in any way to limit the sole discreticn
of PSITH in making such decisions. To faciliate such procedures each Partici-FLn: shall from time to time designate one person and an alternate therefor who shal_ represent the Participsnt for purposes of such concultations and reptr: 3.
After the Units are placed in commercial operation, PSNH shall furnish reports at least quarterly to all Participants with respect to the operation and main-tenance of the Units and shall at other times furnish such information relat-ing thereto as the Participants may reasonably request.
13.
Payment of Operation and Maintenance Expenses; Inventories and Fuel 13.1 The Participants shall share in the expenses o,f operat-ing and maintaining the Units, in accordance with their Ownership Shares.
Expenses to be so shared shall include all coats and axpenses with respect to the Units reasonably incurred and properly chargeable to tua Units under the Uniform System (or such similar accounts as may hereafter become appropriate).
O Without limiting the generality of the foregoing, such costs and expenses l
shall include (i) a properly allocated portion of PSNH administrative and general expense, *** (ii) all costs of PSNH of keeping accounting and other records, of furnishing accounts, reports and other information with respect to the Units and of audits pursuant to paragraph 14, and (iii) all casts of 5th staffing, testing, and starting up the Units which are not capitalized. Not-Amend.
withstanding the foregoing, PSNH may elect to segregate, and to require the Participants to share per capita, any portion of such costs of keeping accounting and other records, of furnishing accounts, reports and other infor=ation and of audits, as are incurred on a per capita basis. ***
13.2 Costs of capital, franchise and income taxes, and property, business, occupation and like taxes, of each Participant shall be borne entirely by such Participant, and such items, as well as depreciation, amortization, and allowance for funds used during construction, shall not
.. be dee=ed expenses of operating and maintaining the Units for the purposes of this paragraph 13, except that there shall be included as such expenses, amounts equal to the product of (1) the costs of ownership to PSNH and UI (in-cluding but not limited to capital costs, including related franchise and income taxes; property taxes; and insurance) of that portion of che Site not included within the First and Second Unit Site or occupied by any other generating unit in operation or under cc 'truction, which costs of ownership (a) for the period beginning with operation of the First Unit and prior to operation of the Second Unit shall be one-half of said costs and (b) for the period after operation of the Second Unit begins shall be all of said costs, multiplied by (ii) the ratio of the actual or expected net capabilities of the Units to the sum of the actual or expected net capabilities of all of the units in service or under construction on the Site at any tiw during such period.
13.3 PSNH may request all Participants to execute contracts for nuclear fuel or for othe:: expenses related to the operation and mainte-nance of the Units, which contracts shall provide for several and not joint liability in proportion to their Ownership Shares and may provide for separate 1avoicing to the Participants in proportion to their Ownership Shares, and all Participants agree to pay promptly any such invoices properly rendered.
PSNH will submit to each Participant a monthly statement in reasonable detail showing all costs not so invoiced separately together with additional costs incurred by PSNH in purchasing and maintaf uing at appropriate levels inventories of nuclear fial (to the extent such fuel is not leased) and I
=aterials and supplies, said inventories being deemed at all times to be evned by Participants in their Ownership Shares and crsdit for the use therecf to be appropriately applied. Such monthly statement may also include such a=ount as PSNH may reasonably request in order to enable PSNH to make tirely pay =ents for costs covered by this paragraph 13 without necessity of use by PSNH of its own funds to cover other Participant's ownership Shares
s of such payments. Each Participant shall pay its Ownership Share of such 7
l-monthly statement within fifteen days of receipt of such statement, and any
[
b amount set forth in such statement (including the amount of any funds so I
requested to be provided) which is rat paid by the and of such fifteen day fi period shall bear interest from the date of such statement at an annual rate i
of 2". over the lowest interest rate then being charged by The First National Bank of Boston on 90-day consnercial loans; *** provided that any Participant which agrees to pay the additional expense, if any, which may be caused to PSNE by 1
its request, may require PSNH ta furnish monthly statements to it 15 days in I
advance of the schedule followed by PSNH as to other Participants. A 5th.
k:: enc Participant which requests that monthly st&tements be so furnished to it 15 days in advance shall not be obligated to pay interest in accordance with the preceding sentence enless it fails to pay a statement within 30 days of its receipt thereof. ***
13.4 PSNH shall have sole responsibility for, and is fully authorized to act for the other Participants with respect to, the procurement of nuclear fuel and purchasing and maintaining at appropriate levels i
inventories of materials, supplies and spare parts required for the operation and maintenance of the Units, and with respect to arranging for the storage, l
transpertation, disposition and/or reprocessing of irradiated nuclear fuel and I
i for the disposition or use of reprocessed material.
In discharging its responsibility and so acting with i
t respect te the procurement, disposition and reprocessing of nue. lear fuel, PSNE shall have the authority to determine the basis on which fuel vill be procured and, subject to the terms of this Agreement, to pure.hase or lease l
urcniu=, plutonium or other fuel materials in an enriched or unenriched form, to arrange for the enrichment or processing of fuel materials, to arrange for
.s fuel design and fabrication, or to purchase or lease fabricated fuel, and generally to make several and not joint long or short-term couanitments on behalf of each of the Participants with respect to any phase of nuclear fuel procurement, disposition and reprocessing; *** provided, however, that PSNH, in addition to any other notice herein required, shall keep the other Participants 5th Amend.
informed, insofar as. practicable, of th3 means by which it intends to finance nuclear fuel requirements for the foreseeable future.***
Unless arrangements are made for the leasing of nuclear fuel for the Units or other special joint fuel financing arrangements are made, l
all such fuel, materials, supplies and spare parts for the Units shall be deemed to be owned by the Participauts in their Ownership Shares.
If PSNH determines that fuel materials or nuclear fuel should be obtained on a lease basis, or that other special joint fuel financ-ing arrangements should be made, it shall have the authority to enter into such a lease or other arrangement on behalf of the Participants, containing such terms, conditions and provisions as PSNH may deem appropriate, but in any event providing for several and not joint liability. Before entering into any such lease or other arrangement, however, PSNH shall notify each of the i
other Participants of the action to be taken and shall provide them an opportunity to consnent on it, provided the any such comment shall not affect the scle discretion of PSNH to determine whether to go forward with such lease or other arrangement.
If, within ten days of its receipt of such a notification or with such longer period as may be speficied by PSNH in such notification, any Participant notifies PSNH that it may not legally participate in the lease or other arrange =ent without the prior approval of a regulatory body or for any other reason, such Participant shall not be obligated to pcrticipcte in such arrangement so long as such disability continues, but FSE =cy (but shall not be required to; elect:
0 t
.s i
(1) to increase the percentage participation of PSNH in the lease or other arrangement by a percentage O
equal to such Participant's Ownership Share in which case such Participant shall be obligated to pay, as an operating cost, to PSNH each month an amount equal to the increase in the costs to PSNH resultiag from such election; or (ii) to cause such Participant to enter into another arrangement for the financing of its Ownership Share of the fuel, such arrangement to be one chosen by such Participant,but subject to review and approval by PSNK insofar as.it may conflict with or adversely affect the negotiation or implementation of the proposed lease or other arrangement for the balance of the fuel; or (iii) to require such Participant to use its best efforts to obtain any such prior approval of a regulatory body as it ray require or to take such other reasonable action as may be necessary to permit it I
to participate legally in the arrangement; provided, that nothing herein shall be deemed to require such Participant to discharge or eliminate any security outstanding on the date of this Agreement if to do so would substantially adversely affect such Participant.
Upon the request of PSNH, all Participants shall them-selves enter into any such lease er other joint arrangement.
14 Right to Audit 14.1 *** PSNH shall keep complete and accurate accounts of al) l receipts and expenditures hereunder, in accordance with the Uniform System i
of Accounts prescribed for Class A and B Public Utilities and Licensees by 5th Amend the Federal Power Commission as amended from time to time (or such similar accounts as may hereafter become appropriate).*** At least annually PSNH shall account to all Participants in such form as the Participants ressonably l
request for all expenses incurred in the design, construction, operation, and =tintenance of the Units. Any reasonable requests by a Participant for i
at ccditional accountin5 in a different for= required by it,shall also be i
granted to the extent practicable but shall be at the expense of such l
i
Participant. With reasonable frequency and not less often than annually, upon the reasonable request of a majority in interest of the Participants other than PSNE, PSNE shall make its accounts and records available at its of fices at reasonable times for examination, at the expense of the Participants requesting the audit, by an independent certified public accountant or other representative designated by a majority in interest of the Participants other than PSNH requesting the audit.
- 15. Entitlements 15.1 Each Participant shall be entitled to its Ownership Shcre of the installed capacity, available capacity and hourly generation of each of the Units. All deliveries of power shall be made to Participants and metered at the low side of the station transformer. Each Participant I
shall be responsible for all transformer and transmission losses incurred with respect to transformation and deliveries of energy for it beyond the-point at which the Units are astered.
Subject to the restrictions on transfer of Ownership Shares contained in paragraph 23 and to paragraph 25, any Participant shall be free to sell all or any part of its entitlements in the Units upon such terms and to such parties as it may choose.
l
- 16. Dispatch of Units l
16.1 The Units shall be maintained and dispatched in accord-l l
ance with the provisions of the New England Power Pool Agreement as in effect l
fro = time to time, or the provisions of such other power pool agreement as ecy supersede it, so long as PSNE is a party to such Agreement. If no such aprecment is in effect, the Units shall be maintained and dispatched in accordance with the schedule determined to be appropriate by PSNH in its
{
sole discretion, after consultation with the other Participants, it being the intention to meet to the extent reasonably possible, the requirements and desires of all Participants.
-.. _ _ _ _ _. _ - ~ _ _,,,.. _ _ _ _ _. _ _. _ _. - _. _. _ _ _,. -. _. _ _. _ _ _. _. - _
- 17. Transmission of Power 17.1 Arrangement for transmission of its entitlement from the Units will be the responsibility of each Participant. However, this provi ; Lon shall not in any respect limit any Participant's rights under the terms of the New England Power Pool Agreement or any power pool agreement which may supersede it.
17.2 Except as may otherwise be mutually agreed by the Participants, the following transmission facilities to be constructed, owned, and operated by PSNH and NEPCO will be deemed to be associated with both of the Units if the Units are constructed at the Seabrook site, and the fixed and operating costs related to them will be borne by PSNH, UI, and the other Participants in the Units in proportion to their Ownership Shares in the Units:
O 345 KV Line, including terminal facilities - Seabrook to Scobie S/S 345 KV Line, including terminal facilities - Seabrook to Tewksbury 345 KV Line, including terminal facilities - Seabrook to Newington i
In the event the Units are constructed at the Litchfield site, PSNH will designate the transmission facilities to be associated with the Units and supported by all Participants. Such determination will be consistent with any uniform policy which may then have been adopted by the NEP00L participants covering the designation of transmission facilities to be treated as asso-ciated with particular generating units. The rights and obligations of the Participants under this paragraph 17.2 are defined and set forth in a separate agreement which shall be executed by each Participant contemporane-ously with its execution of this Agreement.
l
-3h-18.
Agreements - Delay in Co=mercial Ooeration Date 18.1 PSNH and UI (for purposes of this paragraph, 'he " lead participants" for the Units) previously signed agreements dated as of August 7, 1972, with the lead participants for the Connecticut nuclear unit, which agzee-nents were incended to be signed also by the lead participant for the Pilgrim 2 Unit and to provide for (1) the sharing of additional capacity made necessary by delay of the scheduled commercial operation of either of said units or the Units (the " Additional Capecity Agreement") and (2) the temporary reallocation of capacity in the event of such delay of either of Jaid units or the Units (the " Reallocation Agreement"). Copies of the Additional Capacity Agreement and the Reallocation Agreement have been furnished to each Participant. The Additional Capacity Agreement and the Reallocation Agreement are currently being revised both to reflect a new scheduled in-service date for the Pilgrim 2 Unit and to acknowledge that no Participant making capacity available to others in accordance with the Reallocation Agreement should be required as a result thereof to pay a Capability Responsibility deficiency charge under Section 9.4(d) of the IIP 00L Agreement on the amount of capacity so made available and to provide that the signatories to, and the other entities which become bound by, the, Reallocation Agreement shall take all appropriate action in the NEPOOL i
I Management Committee to obtain appropriate waivers of the Capability Responsibility deficiency charge in such circumstances. Each Participant I
understands that PSNH and UI expect to sign the Adcitional Capacity Agreement l
and the Lecllocetion Agreement, revised as aforesaid, and by its execution of this Agroesnt expressly agrees that upon such signing by PSNH and UI it will h wad hereby to hcvc expressly assun.cd. all the respective obligations b e.
l i= posed on joint ownership participants in the Units by, and that it will thercupen bc bound by, the Additionci Capacity Agreement and the Reallocation Y
so revit cd, in accordance with the ter=s thereof as if such Agra ec.ent, a r.
Pcrticipcr.c hr.d executed such Agreements, i
1
--,+,-r,----..-w-ypy-.-
-vm,w r--
+ - - - -
w-
-3)-
s.
19.
Dcetruction, Damage, or Condemnation of Units 19.1 If either during construction or after completion of
()
ccustruction of either of the Units all or substantially all of either or both of the Units or that portion constructed shall be destroyed, damaged or condemned, PSNR ::y elect to repair, restore or reconstruct such Unit or Units to its or their former character and use or to such character and use as PSNH may then determine to be appropriate; and, in any such case, each Participant shall pay its Ownership Share of the costs thereof after due credit for any net salvage or insurance proceeds realized. Although the sole responsibility and authority for making any such election shall rest with PSNH, it shall, upon request, consult with any Partteipant concerning the repair, restoration or reconstruction of such Unit or Units, provided, however, that any such request or consultation shall not be allowed to delay work en repair, restoration or reconstruction of such Unit or Units or to O) affect the sole discretion of PSNH in making such election.
(,,
'n the event that less than substantially all of either or both of the Units or that portion constructed is destroyed, damaged, or condemned, and such destruction, damage or condemnation does not preclude prompt completion of construction or repair, restoration or reconstruction of such Unit or Units, PSNH shall proceed with steps required to effect cc=pletion of construction or repair, restoration or reconstruction of such Unit or Units and each Participant shall pay its Ownership Share of the
- :: there.f cfter duc. credit for cn; net salvage or insurance proceeds realized, unless Participants having at least 80*. of the Ownership Shares
.. ;: :ccrittica of ccurtruction or repcir, restoration or re-e.
conrtructi:n snould not be effected.
)
19.3 If under either paragrcph 19.1 or paragraph 19.2 the a
election is mace not to repair, restore or reconstruct the Unit or Units, j
1 ecch Pcrticipcnt shall pcy its Ovnership Share of any costs or expenses
.-__._.~.__.-..._,u_
.36-incurred by PSFn in the shutdown, demolition or disposal of the Unit or Units and the provisiens of paragraph 24 with respect to cerrayence Of th; s
Property Interests shall te applicable.
- 20. Other Uses of the Site 20.1 Participants recognize that units in addition to the Units may be constructed and operated on other portions af the Site and that in connection therewith it may be necessary or desirable to relocate or modify some of the facilities constructed in connection with the Units.
In the event of such occurrence, PSNH may, subject ta the obtaining by each l
Participant of any necesscry regulatory approvals and mortgage indenture releases (which each Participant agrees to use its best efforts to obtain),
make such relocations and modifications provided they are accomplished without cost to the Participants, other than PSNH and the participants in any such additional unit, as provided in paragraph 20.2 belew. It is further recognized that in the event of construction of additional units on the Site it may be necessary or desirable to provide for js
.c use by the Units and one or more other units of parts of the First and Second Unit Site, certain interests in land, and certaf,9 facilities constructed in connection with the Units such as the administration and service buildings, the cooling wcter intake and discharge facilities, the fuel handling facilities, the
~
station transformer, and switching facilities. Such joint use shall be permitted, subject to the obtaining by each Participant of any necessary rc;21ctcry cpprovals and mortgage indenture releases (which each Participant irrees to use its best efferts to obtain), and the Participants shall
.xecutc cact. dcccuena cc =ay reasor.chly be required to accomplish such purpose, if crrangements are made to reimburse the Participants on an equitable basis for their investment in any facilities or land or interests it innd to be jointly used and provided such joint use is accorplished without
_ _ - _ __ ____. i
- l cost to the Participants, other than PSNH and the participants in any such provided in paragraph 20.2 below.
tiditianci unit, at l
No Participant (other than PSNH and UI) shall have any i
l right as a result of its ownership of the Units and the Property Interests l
to pcreicipate in the ownership of any additional unit on the Site.
20.2 PSNH agrees that if the construction, operation or mainte-l nance of additional units on the Site requires relocation or modification of, or results in an increase in the fixed, eperation or maintenance costs of, 7
the Units or results in an increase in the Patticipants' system power costs 4
because of the unavailability or reduced availability of the Units or either of them, neither the costs of such relocations or modifications nar such J
increases in fixed operation, maintenance or system power costs shall be borne by the Participants.
D 20.3 In the event PSNH determines that any portion of the Property Interests, or any interest therein, is not needed for operation of the Units, it may provide for the conveyance of such portion to itself or to any other purchaser for a fair and reasonable price and establish the 1
terms and conditions for such conveyance. *** Subject to obtaining necessary regulatory' approvals and moitgage indenture releases where applicable (which each Participant agrees to use its best efforts to obtain), each Participant shall execute and deliver any deed or other instrument necessary to convey, cad clenr of cil liens and encu=brances other than (i) those which f:ut 5th existed at the time of conveyance to such Participant, (ii) liens securing Amend
- c::et c: oth:: y:vcrnmentti chcrgce, the paycent of which is not yet delincuent, and (iii) liens and encumbrances caused by the acts or omissions of PSNE, such portion of the Property Interests or any interest therein dctcrzined by PSNE not to be necesscry for the operation of the Units, and N
v'1r gery wy-umg--w+-
y yywwg-e.
9egpwim.,w<w,ss-.w*7wey.v
--,rvyt,
-ur-y
-.rw-
,.wg-g--,--+.mm.,
,-y usur--Te t 1p w =ep r-g g w we' '+ -we s w cy r -ww 4Wp+e-Mt--=T**=-vt-y-yt*Mwr-er7w--
- w q ip-wgryww$
-*e-,-aw-4,y
+g 5
f l
upon such conveyance by it each Participant shall receive its ownership 5th A=end.
Share of the price, less any related expenses.***
21.
Acorovals of Regulatorv Arencies 21.1 PSNH shall proceed, and is fully authorized to act on behalf of all Participants, to use its best efforts to obtain all approvals or per=1ts from regulatory agencies required for construction and operation of the Units, and all Participants shall cooperate as reasonably requested in such process. Each Participant shall be responsible for securing any approvals required for its pcrticipation in the Units and for any actions required by it pursuant to applicable statutes and governmental regulations, including but not limited to actions under the laws of The State of New Hampshire in order fcr such Participant te carry on such activities, if any, in New Hampshire as may be required in accordance with this Agreement.
22.
Convevanca of Security Interests;or in Trust 22.1 Each Participant shall have, without need for consent I
from or prior offer to any other Participant, the right at any time and from time to tLne to convey any form of security interest including a mortgage of, or to convey to a trustee or trustees as security for its present or future bonds or obligations or securities, its ownership Share of the Property Intere.'ts and the Units.
- Any such conveyance shall be subject to (:1 the \\
terns and conditions cf this Agreement, exceit that agreements herein limit-int the amount of, or means of de.ermining, the consideration to be paid to dih 1 ?srticipant for its right, title and ind-rest in any property conveyed by A=end.
it er en its behalf pursuant to para 6raphs 19.3. 20.1, 20.3 2h.5 or 25 2(d)
(T'}
of this Agreement shall not be controlling in determin%ng such property's v
ra_uc fer any purposes of any mortgage indenture er other security instrument c r.ich it is subject.***
Subject to such terms and conditions, any such
+,.---._c
,_m.
,...--,,-.--g
n *.
- trustee er trustees, tortgcgee or holder of a security interest, any su;cesser
- r assign +?.ereof, and any receiver or trustee in bankruptcy, reorganization or receivership of a Participant may, without need for consent of any other Participant, succeed to and acquire all rights of a Participant pursuant to this Agreement. No such conveyance permitted by this paragraph shall involve an interest in only one of the Unit or different interests in the First Unit and the Second Unit; provided, however, that.this sentence shall not be deemed to prohibit a Participant's creation of a security interest in par-l l
ticular nuclear fuel.
- 23. Rights re Trans far of Ownership Shares 23.1 Except as conteeplaced by paragraph 3 and as provided in this paragraph and paragraphs 22 and 25, no Participant shall sell or transfer any portion of its Ownership Share of the Units or the Property Interests.
()
Subject to the provisions of paragraph 32.5, any' Participant may at any ti=e sell all or any gore ton of its ownership Share of the Property Interests l
and the Units to any entity which is engaged in the electric utility business in New England, but no such sale shali be made unless PSNH and UI have (and i
I in the event (i) of an offer of sale by either PSNH or UI to which the other l
does not respoad with an offer to purchase or (ii) of an offer of sale.by a treicipant other than PSNH or UI to which neither PSNH nor UI responds with an effer to purchase, then all other Patr1.cipants) have first been af forded in writing an opportunity to purchase the interest involved separately or in ene &cgresctc on equni or better terms than those of the offer of sale and have declined such cpportunity.
- Any writing. Farticipants pursuant to tht: pnra.;rapa shC 1 specify the interest offered, the propcsed terms and venditions of the sale, and the date not less than eight conths from the 8th date of the writirg when it is propo=ed to censummate the sale. Failure Amend.
by en, Iar;;cipsnt witnin tv m:ntns O' the date of the writing to respond
'e h0-in writing with an offer to purchase the interest involved shall be deemed 8th Amend.
O a declinitation of the offer of sale by such Participant.*** In the event V
that (i) both PSUH and UI fail to offer to purchase or (ii) either PSG or UI offers to sell and the other fails to offer to purchase and such an offer of sale results in offers by more than one Participant to purchase the interest, such interest shall be apportioned in accordance with the Ownership Shares of the Participants making offers or in such other manner as the purchasing Participants agree. In the event an offer of sale results in offers by both PSNH and UI to purchase the interest, such interest shall be apportioned between them in accordance with their respective Ownership Shares, or in such other manner as they may agree. Any Participant may
- transfer all or part of its Ovnership Share or any ri ht to acquire an S
increased or revised Ownership Share < u) to a wholly-owned subsidiary; or 6th Amend.
(b) to another company in the same holding company system or a construction i
O i
V trust or similar entity for the benefit of the transferor or another company i
i in the same holding company system,*** provided, that transfers by VELCO shall be permitted only as set forth below in this para 6raph 23.1; or (c) in connection with a merger, consolidation or acquisition of substar.tially all 6f the pt n erties or all of the generating facilities of a Participant; and VEIIG may, prior to September 30,1974,* trans fer to Central Vermont r
Public Service Corporation a portion of VEII0's ownership Share equal to 1.79717.
and/or to Green Mountain Power Corporation a portion of VELCO's Ownership Sharc e.euc1 to 1.16737., subject in a.ach case to the obligation er any assignee to make cvcilable to the Additional Participants, in the sa=e manner as VELCO is cal.prad u de hercut icr, c porcion of its Omrship Share equal to the tatio ef :to 0.ncrrhip Sht.re to the original Ownership Share. of VEICO (3.09707.)
O cultiplied by the Ownership Share which VEIf0 would have been obligated to V
- Nte e:: tended to September 30,197h ty Second Amendment dated June 21,19h
i s
_h1_
make available to the Additional Participants hereunder as set forth in Exhibit 1 attached hereto; and either MiNH or UI may, prior to the time of trar_ 'er of title in accordance with pa ragraph 4.1 hereof, transfer a portion of its ownership Share as part of a capacity exchange on an ownership basis with another Part.cipant. Neither any transfer permitted by the preceding sentence, d
nor any transfer contemplated by paragraph 3.2, paragraph 22, or paragraph 25 hereof, shall be subject to the foregoing right of refusal. Any transfer of any portion of an Ownership Share shall be made expressly subject to all provisions of thic Agreement. No such conveyance permittad by this paragraph shall involve an interest in only one of the Units or different interests in the First Unit and the Second Unit.
24 Termination, Suspension, or Shutdown of Project 24.1 The Project may be terminated, in the sole discretion of PSNH, upon a determination by PSNH that it is not practical to proceed with the Project as planned because of site development problems, licensing problems, or the inability to obtain adequate regulatory approvals and the Project may be terminated by mutual agreement for any reeson.
In the event of such temination prior to cot:mencement of const Metion of the Units, each Participant shall bear its Ownership Share of all costs :o such time and of j
all costs resulting from the termination.
24.2 Ir at any time af ter commencement of construction or cr t rc t ici: of cither cf the Units, PSNE determines that continued construction or operction is not in the best interests of the Participants, PSNH may tc=:nr c cr :urpend ccretruction or shut down the Unit or Units for a brief er entended period or pc.rmanently, as appropriate.
N 24.3 If, after the cocmencenent of construction of the First 21:., ;cnr.truction is at. any time tc:.ninated or suspended for any reason, each I
l l
42-
- Participant shall bear its ownership Share of all costs to such tima and of f
g all costs resulting from the ter=ination or suspension, anc in the event of a suspension, shall again bear its Ownership Share of the costs of construction when constrr.ction is resumed.
24.4 If, at any time after either of the Units is placed in operation, PSNH determines that such Unit should be shut down for any period or per=anently, each Participant shall bear its Ownership Share of the shutdown costs, including all costt incurred dcring the shutdown period, and if deemed necessary by PSNE, the net costs of the total or partial demolition and disposal of such Unit and its nuclear fuel.
24.5 Before making any determination that su:h termination of the Project, termination of construction or shutdown of the Units or eithat of them should be effected, PSNH shall provide the other Participants with a reasonable opportunity to comment on the proposed course of action. ***In the event PSNH determines to take any such action, Participants other than PSNH l
I shall convey, free and clear of all liens and encumbrances other than (1) those which existed at the time of conveyace to such Participant, (ii) liens securing taxes or other governmental charges, the payment of which is not yet delinquent, and (iii) liens and encumbrances caused by the acts or 5 y,
~
AOnd-omissions of PSNH, to PSNH or its nominee, but only upon the request of PSNH and at its sole election, all right, title and interest in the Units, the
.ropcr:y Interettr and cny property cnd rights resulting from payments made purcuunt to pertgraph 11, and PSJH chall pay to them their Ownership Shares r; ;:.
- . i. : :.__ marr.ct value of t: total of the Property Interests and such prepcrt*' enc righ r.***
Such obligation to convey shall be sub. ject to the i
(}
tc:cipt cf nace:cary regulctcry approvals and mortgage indenture releases,
if applicchlt (which each Participant agrees to use its best efforts to obtain).
h3-25. Defaults bv Particioants 25.1 In the event of default by any Participant in a y obligation pursuant to this Agreement the remaining Participants, or any of them, shall be free to invoke such remedies at law or in equity as may be deemed appropriate, subject 'co the arbitration provision set forth in paragraph 26 hereof. No default in the performance of any obligation other l
than an cbligation to make any payment hereunder which the Participant may legally make shall be deemed to exist if such default is the result of an
" uncontrollable force". The term " uncontrollable force" as used herein shall mean stor, flood, lightning, earthquake, fire, explosion, failure of facilities not due to lack of proper care or maintenance, civil disturbance, labor discurbanca, sabotage, war, national emergency, restraint by court or public authority, or other causes beyond the control of the affected Participant, which such Participant could not reasonably have been expected to avoid by O
exercise of due diligence end foresight. Any Participant affu ted by an uncontrollable force shall use due du.igence to place itself in a position to fulfill its obligatient hereunder and if uu ble to fulfill aay obligation by reason of an unarantrollable force such Participant shall exercise due diligence to remove such disability with reasonable dispatch. In the event that any Participant other than PSNH shall fail to make when due any payment required by this Agreement or under any contract relating to the construction, operation or maintenance of the Units or the support of their associated trcnt iction ft.cilities entered into pursuant to this Agreement and payable either to PSNil or to any third party not a signatory to this Agreement, and in 4.:d :icn to c.ny cther rights which it mcy have, PSNH shall have the right in its sole discretion te make such payment and PS!E shall, upon making such pcyment, bc entitled to recover the amount of such payment from such
--i--~--
w-vwwws 7 w
,mme i
c
,ye, m,wyy<g-e e re rwe-e w e-Mw>-m-W
>te--w-e-We-"**--
-*-rww-m
- -y yv -rr4-e-'
- u-r==
m*NNg-m-aww
-'N-6=='-
y
kk-s.
defculting Participant together with interest from the date of payment by PSNE te the date of reimbursement at an annual rate of 27. over the lowest interest rate then being charged by The First National Bank of Boston on 90-day commercial loans.
25.2 If a default by a Participant other than PSNE or UI (the
" defaulting Participant") in any obligation t.nder this Agreement has continued for more than five months *** after written notice of such default has been given 5th to the defaulting Participant by PSHH,"** PSNE mey, in lieu of any other rights or remedies that it may have against the defaulting Participant by reason of the default, by written notice to the defaulting Participant with copies to all other Participants, terminate all rights of the defaulting Participant under this Agreement on the data specified in such notice, which date shall not be less than thirty days after the giving of such notice.
Upon the effectiveness of such termination,
[
(a) The defaulting Participant shall cease to have any
\\
rights in the capacity and output of the Units or any rights under this Agree-ment except as set forth in this paragraph 25.2.
(b) PSNH shall succeed to all the defaulting Participant's rights, under all contr: cts, lesses and other instruments relating to the Units, including this Agreement; (c) The defaulting Participant shall pay to PSNH all amounts then owed by the defaulting Participant under the terms of this Agree =ent with interest thereon at the rate specified in paragraph 25.1, and t a t. cmeurt of any legc1 cr othe.: expcases incurred by P3NH in connection with such default or the termination of the defaulting Pcrticipant's rights unv_r ::c igancc t, and, in cdditiar., cr. licuidcted dc:.cges, an a=ount e quC :o 25'. of the lesser of (i) the defaulting Participant's net investment (r.s detcr=ined in acccrdance with the Unifor= System, if applicable to the Pcruici.; cat, cr, if not se applicable, in a menner consistent with the
_____ _ _._.- ~,.. _ _ _-. _ _..
h5-s.
principles of the Uniform System) at the effectiveness of such termination 7-~
O l
in the Units, the Property Interests and the fuel and operating inventories for the Units, or *** (ii) the then fair market value of said defaulting Ferticipant's Ownership Share in tne Units, Property Interests and such fuel 6th and inventories (without giving effect to the defaulting Ftrticipant's loss Amend.
I of its rights in the capacity and output of the Units pursuant to paragraph 25.2(a) above.***
Such amount of liquidated da= ages is agreed by the Far-ticipants to be a fair and reasonable approximation of the additional damages which vill result to PSNH upon the breach of this Agreement by any other Participant, which damages cannot more accurately be determined by any other method due to the duration of this Agreement and the uncertainty which neces-sarily exists at the date of this Agreement with respect to the costs associ-ated with the Units and to other pertinent factors, considering the protection p()
afforded to PSNH by the provisions of paragraph 25.2(d) hereof.
(d) *** Subject to obtaining necessary regulatory approvals i
i and mortgage indenture releases where applicable (which the defaulting Participant agrees to use its best efforts to obtain promptly), the defaulting Participant shall convey, transfer and assign to PSNH or its designees (in such 5th proportimts as it may designate), free and clear of all liens and encumbrances Amend.
other than (1) those which existed at the time of conveyance to such Participant, (ii) liens securing taxes or other governmental charges, the payment of which is not yet delinquent, and (iii) liens and encumbrances caused by the acts or emir c ier: of FSSE, c:1 itr right, title cnd interest in the Units, the ?roperty Interests anc the fuel and operating invencories for the Units and all c onticct, lets cr er eti.cr instrumen:s relating to the Units.* *= vpe:, the compic:;on c: such conveyance, trans fer and assignment, PSNH shall pay to the dcftuiting Participant en c=ount ecual to the lesser of (1) the defaulting A(,,)
?crticipcnt's net invesc=ent (as determined according to the method described in dq-pcrcgraph (c) cheve) ct the effectiveness of such termination in the I
~
h6-Units, the Froperty Interests and the fuel and operating inventories for the Units or ***(ii) the then fair market value of said defaulting Participant's Ownership Share in the Units, Property Interests and such fuel and inventor-6th E*"d*
ies (without giving effect to the defaulting Participant's loss of its rights in the capacity and output of the Units pursuant to paragraph 25.2(a) above***,
(iii) all amounts owed to PSNH pursuant to the terms of sub-paragraph (c) less If the amount required to be deducted under ale e (iii) of the above.
l preceding sentence is greater than the lesser of the amounts desetibed in i
clauses (i) and (ii), the defaulting Participant shall remain liable for the deficiency.
- Notwithstanding any provision hereof to the contrary, a Participant shall not be deemed to be in default if (A) such Participant fails to pay its ownership Share of the cost of a capital item, as hereinafter defined, which such Participant determines after good faith investigation of all reasonable alternatives can be financed only by the issuance of bonds or other securities, and (B) (1) if such Participant is a cunicipal corporation, l
such issuance requires the approval of the voters, town meeting members or city 5th council of such municipality and is disapproved by such voters, town meeting l Amend membars or city council despite the best efforts of such Participant or (ii) in the cr.se of both a Participant which is a municipal corporation and any other Participant, such issuance requires such authorization by a state legislature I
and such authorization is not granted despite the best efforts of such j.
Pcrticipant, and (C) such Partic.ipant tenders to PSNH within five months (or i
a such longer period as may be fixed by written agreement of the Participant and PSE.) Af ce-the. it.itici payment with respect to the cost of such capital item
~
been requested, a good and sufficient deed conveying to PSNH, free and ha clear of all lien; and encumbrances, other than (1) those which existed at
h7-s,
the tima of conveyance to such Participant, (ii) liens securing taxes or other i
governmental charges, the payment of which is not delinquent, and (iii) liens and encumbrances caused by the acts cr orissions of PSNH, the portion of the Participant's ownership Share in the Units determined in accordance with the formula specified below.
(Such deed shall be completed by the insertion of the percentage conveyed when the a=ount of the reduction is finally determinable.) If the foregoing conditions are met PSNH shall undertake the payment of the share of the cost of such capital item which such Participant would otherwise have been obligated to pay, such Participant shall not be obli sted to pay such share and shall not be deemed in default hereunder by reason of its failure to make such payment, and the Ownership Share of such Participant shall be reduced in accordance with the following formula:
Sr " So (V - (1.25 x A))-
5th
(
V
)
Amend where:
V
= The Icsser of (1) such Participant's unadjusted Ownership Share of the estinated fair market value of the Units, the Property Interests and the fuel and operating inventories for the Units after addition l
of such capital item, or (ii) such Participant's net investment as determined in accordance with the Uniform System of Accounts l
prescribed for Class A and B Public Utilities and I.icensees by the Federal Power Commission as amended from time to time (or such similar accounts as may hereafter become appropriate) in the Units, the Property Interests and the fuel and operating inventories for the Units plus such Participant's unadjusted Ownership Share of the cost of the capital item (as finally determined on the basis of the costs to PSNH.)
A
= Such Participant's unadjusted Ownership Share of the cost of the ecpitc.1 item which such Participant is unable to pay in' luding interest as provided in paragraph 11.1 on any part of such cost already billed.
E
= Such Par:icipant's Ownership Share prior to nonpayment.
c l
l I
_ -~
~
l I
-h8-Such Participant's reduced Ownership Share.
S r
" Cost of a (or the) capital item" means (i) costs (other than costs for which the Participants are individually responsible of the type described in paragraph 13.2) incurred under this Agreement for design, engineering, procurement, installation, and construction of the Units, including costs incurred with respect to the acquisition of the Site, in excess of the esti=ated aggregate of such costs, which estimated aggregate of such costs for purposes of this provision is $1,075,000,000; (ii) costs (other than costs for which the Participants are individually responsible of the type 5th described in paragraph 13.2) incurred under this Agreement with respect to
^
- "d' renewals, replacements, modificiations, additions, extensions, betterments ud improvements of the Units, whether elective, pursuant to regulatory law, or otherwise; and (iii) costs (other than costs for which the Participants are individually responsible of the type described in paragraph 13.2) incurred under this Agreement with respect to any co=pletion, repair, restoration or reconstruction of the Units pursuant to the terms of paragraph 19 hereof, in excess of any proceeds of insurance or award upon condemnation available therefor. The costs required to be incurred in connection with the termination, shutdown, demolition or disposal of the Units shall not constitute " cost of a capital item", and the provisions of this garagraph shall not be applicable to a failure to pay such costs. **
/
25.3 Failure by a Participant to insist on any occasion upon strict performance of any provision of this Agreement or to take advantage of any rights hereunder shall not be construed as a vaiver thereof and no waiver of any provision of this Agreement shall be effective unless in writing and executed by Participants having at least 80". of the Cenership Shcres.
l
- 26. Arbitration l
26.1 Any dispute among the Participants with respect to this Agreement shall be submitted to arbitration on the request of a Participant.
l Copies of any such request shall be served on all Participants and it shall specify the issue or issues in dispute end summarize the Participant's claim I
l vith Terpect thereto. Within ten days after receipt of such a request authorized representatives of all Participants shall confer and attempt to
! (--)
agree upon appointment of a single arbitrator.
If such agreement is not
\\s /
--w..
- .y_
,_m.-r
,.-v w
,--.cy-.
--w-
,y-w-
-r-w 3
y
w.-
m e-e-
+-m+3-t--w w.
e-r-we.,++re-mv--w-e.--s,y-w--+--g.--
hg.
acco=plished, any Participact may request the American Arbitration Associa-i tion to appoint an arbitrator in accordance with its Commercial Arbitration l
Rules, which rules shall govern the conduct of the arbitration in the absence of contrary agreement by all Participants. The arbitrator shall condect a hearing in Manchester, New Han:pshire, and within thirty days there-after, unless such time is extended by agreement of all Participants, shall notify the Participants in writing of his decision, stating his reasons for such decision and listing his findings of fact and conclusions of law. The arbitrator shall not have power to amend e add to this Agreement, except as provided in paragraph 29 hereof. Subject to such limitation, the decision of the arbitrator shall be final and binding on all Participants except that any Participant may petition a court of competent jurisdiction for review of errors O
of law.
The decision of the arbitrator shall deterr.ine and specify how the f
expenses of the arbitration shall be allocated among the Participants.
- 27. Notices i
27.1
- Any notice, demand, or request to any Participant pursuant to any provision of this Agreement shall be mads in writing and thall be delivered either in person, by prepaid telegram, or by registered or certified mail to an officer, official, or agent of the Participant at such Participant's principal office or place of business or to such officer, 5th Amend.
official, or agent of the Participant, and at such address, as may be designated from time to time by such Participant by written notice to ths other Participants. If no such designation by written notice shall have been mc:ic :y c Pcrticipant, such Participant shall be deemed to have designated such officer, official, or agent as shall have executed the most recent amendment or addendum to this Agreement and such address as shall be shown thc! con.***
i i
+w.
--=-,-m-,--wv,-e..r-w,---,n=
e--*-y-----#
..,, -ew
=%.-y,+w--+ee w vevw-we-wew--w,-----,-----,-,-----,*-,-c-v e,r.,v, e-+---
-,,we-,v----w-we-e-----+g,-e v
9r=+ eew e-
- - + -
->v-O
- 28. Severability of Provisions 28.1 A holding by any court having jurisdiction that any provision of this Agreement is invalid shall not result in invalidation of the entire Agreement, but all remaining terms shall rruin in full force and effect.
- 29. Amendment 29.1 This Agreement may be amended from time to time by agreement in writing executed by Participants having Ownership Shares aggregating vt least 80" with binding effect on all Participants; provided that no such amendment shall operate to change the Ownership Share of a Participant or its right to submit disputes to arbitration in accordance with paragraph 26, wf:hout the express consent of such Participant; and provided further that without the express consent of all Participants no such amendment shall operate (a) to reduce the aforesaid percentage of the Ownership Shares required to agree to an amendment, or (b) to make the relative rights and obligations of any Participant differ in any respect from the rights ar.d obligaticas of any other Participant, or (c) to change substr.ntially (i) the i
description of the Units set forth in paragraph 1, (ii) the form of ownership thereof as set forth in paragraph 3, (iii) the relationship of the Participants as set forth in paragraph 6, or (iv) the nature of costs and expenses to be shared by the Participants as set forth in paragraphs 11, 13, 17, 19, and 24 i
I In the event any provision of this Agree.ent is
?-
l dctcr=ined to bc invclid under or in conflict with any applicable statute or cny re;;ulation or order cf any regulatory agency having jurisdiction, or 1
is in ecnflict wi'th any provisions of any electric power pooling agree =ent O
to which Participants owning at least 807. cf the Unit are signatories, the 7
e.
. Participants shall, unless they unanimously agree that no amendment is necessary, atrempt by negotiation in good faith to agree upon an amendment of this Agreement which eliminates such invalidity or conflict while at the same time permitting the a:complishment of the objectives hereof to the greatest extent possible. In the event that agreement on an am,adment cannot be reached by Participants having Ownership Shares aggregating at least 80%
the matter shall be submitted to arbitratica in accordance with paragraph 26.1 hereof and for this purpose only the arbit:stor shall have the power to ament or add to this Agree. ment.
30.
Aeolicable Law 30.1 This Agreement is made under and shall be governed by the law of The State of New Hampshire.
- 31. M 31.1 This Agreement shall remain in full force and effect for the lesser of (i),he full useful lives of the Units, or of rny replacement or reconstruction thereof pursuant co paragraph 19 hereof, or (ii) the period of ninety-nine years from the date of execution; provided, however, that in the event it shall be found that the Rule against Perpetuities applies, no transfer, conveyance or offering of any interest in the Units or the Property Interests shall be required to be made, and no option or right of refusal or declination with respect to any such transfer, conveyance or offering may
- v. e.t.rcis cd ut.dc: r.ny provision of this Agreement later thr.n tuem y-one years after the death of the last to survive of the following persons living at the l
u.e t :f this /.creement:
Elizabeth A. Tallman, child of William C. Tall =an of Sadferd; Deberch L. Adams, Stephen P. Ada=s, and Sally Anne Adams, children of i
Wi;11am A. / dams, Jr., of Manchester; Christina J. Anderson, grandch:.1d of Dc. i
- . henill of Candia; !an E. MacDermott, Derek A. MacDermott, Kimberly S.
. Joshua E. T. Foster, S'navn A. Foster, and Samantha J. Foster, MacDermott, grandchildren of Eliot Priest of Manchester; MaryAnne Sinville and Donald E.
Sinville, Jr., children of Donald E. Sinville of Manchester; and David R.
Harrison, Gregory J. Harrison, Marie E. Harrison, and Thomas G. Harrison, children of Rob.tre J. Harrison of Manchester; all of the State of New Hamp-shire; and provided, further that, notwithstanding the expiration of the term of this Agreement, the provisions of this Agreement shall continue in effect after such expiration to the extent necessary to permit full effect to be given to paragraph 24 32.
Miscellaneeus 32.1.Each Participant shall, upon request of another execute and deliver any document reasonably required to implement Participant, i
any provision hereof.
7-~s i
32.2 A Participant shall not have the right to challenge any bill, invoice or statement, invoke arbitration of the same or bring any court or administrative action of any kind questioning the propriety of the same after a period of eighteen months from the date it
'.s rendered.
In the case of a bill, invoice or statement containing estimates, a Participant shall not have the right to challenge its accuracy af ter a period of eighteen months from the dade it is adjusted to reflect the actual amounts due.
l 32.3 If it becomes necessary to estimate charges, any item billed en an estimated basis shall be paid when rendered. An adjustment will appropriate after the actual amount of the estimated be tra: to :ht extent itCC n;i httn C0ttreined.
, 32.4 This Agreement shall be binding on successors and assigns fx l
of each Participent and, insofar as per=itted by law, on any receiver or trustee in bankruptcy, receivership, or reorganization of any Participant.
32.5 No assignment or transfer of any interest by any Participant except in accordance with paragraph 3.2 hereof or the third from last sentence of paragraph 23.1 shall relieve it of any of its obligations hereunder absent express release by the remaining Participants, but PSNH is authorized, on behalf of all Participants, and agrees to grant such an express release with respect to any transfer contemplated by the first refusal provision of parcgraph 23 hereof upon the furnishing to PSNH cf
)
reasonable assurance that the ffr.ancial ability of the assignec or transferet it substantially as satisfactory as that of the Participant involved and thct such curignee or trcus feree has met, or can reasonably be expected to mec:
prior to the time of issuance of a construction permit for the Units,'the finaacial qualification requirements of the Atcaic Energy Act of 1954. In the event of any transfer in accordance with pas graph 3.2 or the third from last rentence of pcragraph 23.1 hereof, each Parti ipant shall be deemcd to have granted to the Participant making such transfe.: its express release frca all obligations under this Agreement to the extent of the interest transferrcd except obligations outstanding et the time of such transfer whether or not due.
'u. 6 Any number of counterparts oi tnis Agreem:nt may bc
~.
n.11 ;u."c t b,
.i rotte a m' rect ". cn et Q ir.r ! ::.;
ar it til ct thc parties to eli of tut counterparts had signed the scre 32.7 1:nec pt to tbc extent that the Prelir.iinary Agreevent er cny c: hibit thereto ir specifically referred to hcrcin anJ except to th.
extent t.hs t s tic contirc o applicabtLity ot any other agreement is spectricativ
..-,m
..rc--,
.#----,..-.-,,,,,.e,
,= err.w w s, r --t e
-e Tw----
mvwe-m--,w--
.,4---yw*
--w-----*--.-t
-*--.----+-,-<--w vn
-5L-recogniced herein, this Agreement shall conctitute the entire underste ading 7-~
b between the Participants, superseding any and all previous understandings i
pertaining to the subject matter contained herein.
- 32.8 P.eferences.
The folloving shorthand references may have been or may be employed with respect to the named Participants, Initial Transferees, Additional Transferees, or Transferees as the same may te from ti=e to time referenced in the Agreement:
Public Service Company of New Hm pshire PSNH The United Illuminating Company UI 13 h Bangor Hydro-Electric Company Bangor Amend.
Central "aine Power Company CMP Central Vermont Public Service Corporation CVPS The Connecticut Light and Power Company CL&P Fitch'.rg Gas and Electric Light Company Fitchburg Green Mountain Power Corporation GMP Hudson Light and Power Department Hudson Maine Public Service Company MPSC Massachusetts Municipal "-olesale 7-~3 Electric Company MMWEC
} ()
Montaup Electric Company Montaup New Eedford Gas and Edison Light Company NB New England Power Company NEP Taunton Municipal Lighting Plant Taunton Vermont Electric Cooperative, Inc.
VEC Vermont Electric Poser Company, Inc.
VELCO i
provided, however, that any shorthand reference shall te for that purpose only and shall not otherwise control or affect the operation or interpreta-tion of any of the provisions of the Agreement.***
f
- 33 C_ertain Acreements Concerning Construction of the Unite 33.1 Financin.7 of Costs. Each Farticipant vill use its
.u:lo best efferts, cubject to regulaten requirerente, to finance it e 6h Dwnership Share of the costs of ecmpleting in a timely manner ccnstruction Amen t.
-1.e '.it;.
If at sny time a Psrticipant (a " Delinquent Participant")
j rhcu15 determin,e that it cannet pay its Ownership ? hare of current construc-
[
, - ~
i
(_,j)
'lcr este, it vill notify the other Participants in writing, in as timely a j
i F " i l' 2 e.
One o"* =cre o f the re=' lining Farti?ipsnts mSy the;., after
. I timely notice to all Particirants, make on behalf of the Delinquent Partici-
,c8
/
\\
(m_)
pint advances fer all or part of the monthly payments due from the Delinquent Participant.
In the event two or more Participants give notice of an intent to make advances aggregating more than the monthly payments due from the Eelinquent Participant, the right to make s"ch advances shall be apportioned tetween them in accordance with thc'.r respective Ownership Shares, or in such cther manner as they may agree. If within 5 months after it becomes delinquent' in its payment of current construction costs, the Delinquent Participant fails j l
to recommence its payments, and repay the advances plus interest at the cate specified in paragraph 11.1 of the Agreement from the date of the advance to the date of repayment, then, at the option of each Participant which has made l
advances, (a) its Ownership Share shall be increased and tnat of the Delinquent' Participant decreased, so that the Ovnership Share of each is in tne proportion' 6th Amend.
(]
which the aggregate costs paid by it (including said advances) bears to the
'\\.)
total costs applicable to all Participants, or (b) it shall be credited with the amount of its advances against payments which would otherwise be due frcm such Participent thereafter on account of its existing Ownership Share.
Such changes in Ownership Shares shall take effect when all regulatory I
approvals therefor are received, and the Participants agree to use their best efforts to obtain such approvals promptly.
33.2 Terminetion or Suscension of Construction or Queration.
- tvithstanding any other provision of this Agreement, PS3H vill not terminate
".e Frvlect, suspend ccnstructicn for an extended period, or defer the rehei-
- 1ed dates of commercial cperation of either of t'r Units, except (a) with
- c c.rreemer.t of Psrticipants (including PSUH) naving Ovnershir Shsres
- ra-- ti rm st,lesnt 75",, er (b) unless such action is required by any law.
i 4
(j e n n t i c:., r order of any rovernmental body or uency or by reIsch c-nn u p,_.,
,e y:W i,.nfe.t.
or hea3th, or eth" cimil ar m u c.***
. It! WITNESS WlEREOF, Public Service Company of New Hampshire, Thr.
x United Illuminating Company, Central tiaine Power Company, The Connect.icut Light. and Powt.r Company, Fitchburg Gas and Electric Light Company, Montaup Electric Company, New Bedford Gas and Edison Light Company, New Engisnd Power Company, and Vermont Electric Power Company, Inc., have caused this Agreement 4
to be signed by their respective authorized officers and their respective corporate seals to be affixed hereto as of the date first above written.
Witnesses:
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE s/
C. D. Campbell _
By s/
W. C. Tallman (Seal)
W. C. Tallman Its President THE UNITED ILLUMINATING COMPAhT G
s/ Elsie M. Shanlev By s/ Angus N. Gordon, Jr.
(Seal)
Angus N. Gordon, Jr.
Its President CEhTRAL MAINE POWER COMPANY s/ Geraldine Downer By s/
E. W. Thurlow (Seal)
Its President THE CONNECTICUT LIGHT AND POWER COMPAhT si r.
L. Kinnev By s/
A. E. Wallace (Seali Its President FITCHBURG GAS AND ELECTRIC LIGFI COMPAh7 O
s/ Eruce T..
Garlick By s/ Howard W. Evirs, Jr.
(Seal)
Its President w.-,
9 y
p--
,9
.,.c
.r.
~.-
--,---,ww-e r
yv
=-+q e-e ww.-yeg,
-vw-m.,
w y
g
-- ---~_
,-r w
.w wv--w.--+
w,-
1
_57 MONTAUP EIEC~~RIC COMPAV. I s/
H. A. Murchv By s/
John F. G. Eichorn. Jr.
(Seal)
Its President NEW BEDF0".D GAS AND EDISON LIGHT COMPAhT s/
M. E. Fallon By s/
G. E. Anderson (Seal)
Assistant Clerk I tt., Financial Vice President NEW ENGLAND POWER COMPANY s/ Patrick J. Kenny By s/ James E. Tribble (Seal)
Its Vice President VERMONT ELECTRIC POWER COMPAhT, INC.
' O
, s/ Evron O. McCov By s/ James E. Griffin (S eal)
Its President O
.
- State of New Hampshire County of Hillsborough The foregoing instrument was acknowledged before me this 9th day of August, 1973, by W. C. Tallman, President of Public Service Company of New Hampshire, a New Ha=pshire corporation, on behalf of the corporation.
s/ Raloh H. Wood (Seal)
My Com. Exp.
7/17/78 State of Connecticut County cf New Haven The foregoing instrument was acknowledged before me this 5th day of June, 1973, by Angus N. Gordon, Jr., President of The United Illuminating Company, a Connecticut corporation, on behalf of the corporation.
O s/ Richard F. Skinner (Seal)
S tate of Maine a
County of Kennebec The foregoing instrument was acknowledged before me this 12th day of June, 1973, by Elvin W. Thurlov, President of Central Maine Power Company, a Mcine corporation, on behalf of the corporation.
s/ Seward B. Brewster (Seal)
Seward B. Brewster Notary Public My Co==ission Expires March 12, 1976 I
f i
______________ State of Connecticut A
County of Hartford The foregoing instrument was acknowledged before me this 3rd day of l
July,1973, by A. E. Wallace, President of The Connecticut Light and Power Co=pany, a Connecticut corporation, on behalf of the corporation.
s/ Francis L. Kinney (Seal)
Francis L. Kinney Notary Public My commission expires April 1,1976 State of Massachusetts County of Suffolk The foregoing instrument was acknowledged before me this 5th day of July,1973, by Howard W. Evirs, Jr., President of Fitchburg Gas and Electric Light Company, a Massachusetts corporation, on behalf of the corporation.
l O
s/ John F. Brasse11, Jr.
(Seal) l State of Massachusetts County of Suffolk The foregoing instrument was acknowledged before me this 7th day of June, 1973, by John F. G. Eichorn, Jr., President of Montaup Electric Company, c Massachusetts corporation, on behalf of the corporation.
g s/ William F. O'Connor (Seal)
Notcry.Public My Co==ission Expires May 27, 1977 O
60-State of Massachusetts County of Middlesex Ine fore 5oing instrument was acknowledged before me this 12th day of June, 1973, by G. E. Anderson, Financial Vice President of New Bedford Gas and Edison Light Company, a Massachusetts corporation, on behalf of the corporation.
Richard M. McMorrow Notary Public s/ Richard M. McMorrow (Seal)
My Cemission Expires July 5,1979 State of Massachusetts County of Worcester The foregoing instrument war acknowledged before me this 26 day of June, 1973, by James E. Tribble, Vice President of New England Power Company, a Massachusetts corporation, on behalf of the corporation.
s/ Robert King Wulff (Seal) l l
State of Vermont County of Rutland The foregeing instrument was acknowledged before me this lith day of June, 1973, by James E. Griffin, President of Vermont Electric Power Company, Inc., a Vermont corporation, on behalf of the corporation, s'
G 1 cm. O. I.cird (3 eat)
Notary Feblic O
-______.m_
~
Exhibit 1 D
A.
Ownershio Shares to be Made Available to Additional Particicants Ownership Additional Participant Share (7.)
To Be Made Available Bv (7. )
Ashburnha= Municipal Light Plant
.01195 NEPC0.................
01176 Other Participants.... 00019 Holyoke Gas & Electric Dept.
.09946 Other Participants.... 09946 Hudson Light and Power Dept.
.05780 NEPC0.................
01391 Other Participants....
04389 Hell Municipal Lighting Plant
.01345 NEPC0.................
01345 Marblehead Municipal Light Dept.
.05563 NEPCO.................
05439 Other Participants.... 00126 Middleborough Gas & Elec. Dept.
.05598 Montaup...............
05489 Other Participants....
00109 s
Middleton Municipal Light Dept.
.02563 NEPC0.................
02515 Other Participants.... 00048 North Attleborough Elec. Dept.
.03648 NEPC0.................
03568 Other Participants.... 00080 Te=pleton Municipal Light.ing Plant
.03023 NEPC0.................
03023 Bur'ington (Vt.) Elec. Light Dept.
.22175 Other Participants....
22175 l
Eastern Maine Elec. Coop., Inc.
.00256 Other Participants.... 00256 s o e :.r. N::-.s '... (can..) 21ct. Works
.00855 CL&P..................
00855 S.
- r.. E'.c:tric Co:p., Inc.
2.41549 PSNH................. 2.41542 bG 9
y w
e-i--
y- - - ---,,
g..w---9a--9----.-9wy.,p p.
.y
--ev+---ew--
ww.ygy.a w
n, w
ye.w.-y-%s~,,..ww y
wr-wg-ye-a---
-e-g---
Exhibit 1 Sheet 2 B.
Aggregate Ownership Shares of Original Participants to be Made Availcble to Additional Participants Ownership Shares To Be Made Available (7. )
Original Participants
.03159 Central Maine Power Company
.15687 The Connecticut Light and Power Co.
.00212 Fitchburg Gas and Electric Light Co.
.07849 Montaup Electric Company
.01676 New Bedford Gas and Edison Light Co.
.29531 New England Power Company
.03835 Ve m nt Electric Power Co., Inc.
2.41542 Public Service Company of New Hampshire l
U
.---.--_-.-.-...-,,_.._,,-...--.-,---...,.,,,.,n
Exhibit 2 PUELIC SERVICE COMPA'iY OF NEW FAMPSHIRE SEABROOK COSTS (OTEER THAN SITE ACQUISITION COSTS)
AS OF APRIL 30, 1973 (CCSTS OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE AND THE UNITED ILLUMINATING COMPANY) i Col. (A)
Col. (B)
Col. (C)
May 1, 1972 Prior to to Mav 1, 1972 Aoril 30, 1973 Total Costs Incurred
$1,036,920
$3,796,795
$4,333,715 Allowance for Funds Used 166,887 189,362 356,249 Total
$1,203,807
$3,986,157
~
$5,189,964 Note:
Costs incurred prior to May 1, 1972 shown in Column (A) are as set forth in Exhibit 4 to the Preliminary Agreement.
O
. 5l'l73
'7 et r,
w
-e-eme v'-vv+v-,a- - -
- f
-W-
---ew&-m~*--'-----e r
v e
-e
-+-t-wg--v---
--w-=
v e---
- -r-
- e
FIFTil A12:;DLT TO AGREEtE!.T FOR JOIhT OUNERSHIP, p
CONSTF.UCTION AI D OPERATION OF NEW HAMPSHIRE NUCLEAR UNITS v
This Amendatory Agreement made as of the 31st day of January,1975, by and among Public Service Company of New Hampshire (PSNH), The United j
Illuminating Cousany (UI), Central Maine Power Company (CMP), Central Vercoat Public Service Corporation (CVPS), The Connecticut Light and Power Co=pany (CL6P), Fitchburg Gas and Electric Light Company (Fitchburg), Green Mountain Powar Corporation (GMP), Montaup Electric Company (Montaup), New Bcdford Gas and Edison Light Company (New Bedford), New England Power Company (NEPCO),
and Versont Electric Power Company, Inc. (VELCO) (the Participants),
?.
Ef fective Date.
This Amendatory Agreement and the amendments expressed in Section 1 hereof shall become effective in accordance with paragraph 29 of the Agreement at such time as counterparts of this instrument have been executed by all Participants.
I (Fifth Atentaent became effective January 31, 1975) e m
k F
e w+r-w w
n"y3a-w-
ey m+g
. - - --y9,
--W we ga v' y e -yw 'q A-p-w-g
-w-r-i
+- *
-ww
- a mm9*
y Mw gr-rp_
- - G
=-M
+
9
1 i.
SIXTH AMENLMENT TO AGREEMENT POR JOINT OWNERSEIP CONSTEUCTICN AND OPERA. TION OF NEW EAMPSHIRE NUCLEAR UNITS This Amendatory Agreement made t.s of the 18th day of April, 1S*(9, by and emong hblic Service ' ompany of New Hempshire (PSNET, C
The United Illuminating Company (Uk), Banger Hydro-Electric Company (Banger), Central Maine Power Company (CMP), Central Vermont Public Service Corporation (CVPS), The Connecticut Light and Power Oompany (CL&P), Fitchburg Gas and Electric Light Company (Pitchburg), Hudson Light and Power Department (Hudson), Maine Publie Service Company
{MPC), Massachusetts Municipal Wholesale Electric Company (MINEC),
Montaup Electric Company (Montaup), New Bedford Gas and Edison Light Company (NE), New England Power Company (NEP)
Tkunton Munici-pal Lighting Plant (Taunton), and Vermont Electric Power Company, Inc. (VELCO) (the Participants),
e 6
Effective Date of this Sixth' Amendment.
When counterparts of this Amendment have been executed by Participants having Ownership Shares aggregating at least 805, this Amendatory At;reement shall become effective in ::.ccordance with paragraph 20 cf the Agreement.
l (3i:nh !cm.i.sent becar.e effective April 18, 1979)
--~-,,,----.3-w---m_,
,,-,,w--..,-,,-,,,w,,
,3.,w-..,,,w.,.,,, -,,,-
w m,.--
,, - - - _ -. -.,, +.
.e-.-v-yv,,,,..,.,.,,,,,_,,,,y-,--,,
a
^
4/19/79
^
SEVENTH AMF2CMENT TO AGREEMENT FOR JOINT OWNERSHIP, CONSTRUCTION AtC OPERATION OF NEW HAMPSHIRE NUCLEAR UNITS This Amendatory Agreement made as of the 16th day of ' April, 1979, by and among Public Service Company of New Hampshire (PSNH),
The United Illuminating Company (UI), Bangor Hydro-Electric Com-pany (Banger), Central Maine Power Company (CMP), Central Vsrmont Public Service Corporation (CVPS), The Connecticut Light and Power Co=pany (dL&P), Fitchburg Gas and Electric Light Company (Pitchburg),
Green Mountain Power Ccrporction (GMP), Hudson Light and Power De-partment (Hudson), Main 5 Public Service Company (MPC), Massachu-setts Municipal Wholesale Electric Company' (MMWEC),- Montaup Electric Cc=p any (Montaup), New Bedford Gas and Edison Light Company (NB),
i New Englend Power Company (NEP),en6 Ta ton Municipal Lighting Plant W
.M Cnd Wd
((f' (Taunton)3(the articipan s). &'(yELLOY
.e WITNESSETH THAT:
WHEREAS, GMP was a party' to the Joint Ownership, Construction
~
and Operation Agreement made as of May 1,1973 with respect to the New Hampshire Nuclear Units, as heretofore amended by the agreements dated May 24, 1974 ; June 21, 1974 ; September 25, 1974; October 25, 1974; January 31, 1975 and April 18, 1979 (the Agreement) and GMP derirer hereby to cgain beccme c party to the As eement; and the oth'er Participants are all parties to the Agreement, CVPS having ec::=c tuch pc.r:r by virtue of r. trancier from VELCO, and Ecngor, Hudson, M50, VXr/EC cnd Taunton having become such parties by virtue of tranrferc from CLLP pursuant to par agraphs 3.4 or 23 of the
,. - = n a = d
.. mu.2, me re%cipants assira to effect, in cecordanco viO. PLrE5rLph 29 of the Agreement, the cmendment to the Agreement 1
i hereintiter sec forth;
\\
NOW, THEREFORE, the Participants agree es follows:
1.
Amendment.
The Agreement is hereby amended in the following respect:
l PE: eeraph 3.1, p. 3.
The following new paragraphs are inserted after the third paragraph.
"Ov9r the Adjustuent Per$od (as ' defined below), the
[
Ownership Share of PSNH shall be reduced to 26% and the Ownership
-h Shares of BanScr, CMP, CVPS, GMP, Hudson, MMWEC, Montaup, NS and
/io Taunton (herein collectively referred t o as the "Transferees")
1*
thall _be increased by 1.80142%, 1.05, 1.0%, 1.0%, 0.019575,
,og
- 13. 87 4 4 6f7(({p 2.173905 and 0.13065 %, respectively, as follows :
"(a)
That portien of amounts incurred during the Adj ustment Period for costs of the Unit s which would be applicable
' to the Ownership Share of PSNH in the absence of this provision shall for all purposes of the Agreement be deemed applicable to the Ownership Shares of the Transferees in the following proportions :
Bangor 8.183%
CMP 4.5t 6 CVPS 4.5h5 GMP 4.5L 5 Hudson
.0E 3 MMWEC 63 065 Montaup 4.5h 5 NB
- 9. EE D Taunton 592 100.0035
For purposes of this provisien, the terms ' cost' or ' costs' cht;l include the amount invoiced to the Participants, ercept thtt in the ctre of PSNH 'costr' thall be the difference between the amounts invcicct to the Participants and the totL1 anount on which si: 0h in-l voices are based.
In all cases, ' costs ' shall be considered to be app 21ctb2e t o e Participant 's Ownership Share regardless of whether ptyncr: c: t h.
invoice has been received by PSNE and shEll not in-l clue cny I'trticiptnt 's allowance for funds used during construccich or tny equivLlent thereof.
()
The Adjuntment Period shall be the period beginning on the Effective Dtte of the Seventh Amendment to the Agreement, and end:n- : ht ctrlicrt cf (i) when the Trtntferee s' Ownership Shares incrected by the Emountr :ttted immediately preceding this ht"e
- 12 c u (.- ), ;r (ii) tcrtint'. icn of the Proj ect.
"(b)
During the Adjustment Period, the Ownership Shtre of PSNH cnd of each of the Transferees shall be that per-
,)
centage which the aggregate costs then applicable to such-Ownership Share under the provisions of this Agreement includ-ing the fore 5cing clause (a) is of the aggregate costs then so applicable to all Participants.
"(c)
Tue obligation of each Transferee to pay any tmount specified in the foregoing clause (a) shall be subject to the condition precedent, at the time such payment is required, that PSNH bna11 have deliverei to the Transferee:
"(1) an invoice for the an. cunt of such
. payment, referring to paragraph.3.1 and showing the total costs otherwise applicable to PSNH's share, on which the Transferee 's proportion is corruted and stating that the Adjustment Period has not been ter nated pursuant to the foregoing EA claus ;
y I
s
"(ii' a certificate or other instrument in recordable form of PSNH confirming the Transferee's adj usted Ownership Share pursuant to the foregoing clause (b) after giving effect to the invoice specified in the preceding subclause (1); and
)
"(iii) such other instruments, certificates, opinions, or documents as the Transferee may reasonably request to establish or confirm its interett in the Units, the Property Interest, and related property and rights in accordance with its adj usted Ownership. Share.
"(d)
At the time that PSNH requests from the Transferees the first payment pursuant to the foregcing-clause (a) inserted by the Seventh Amendment to the Agreement, PSNH shall deliver to' aach of the Part.cipants necessary releases, if any, from all trus' tees under bond indentures to vhich PSNH is a party or to which any of its assets or properties is subject, and an opinion of counsel for PSNH in form and substance satisfactory to the Transferees to the effect that the Agreement, as amended by tht Seventh Amendment to the Agreement, is the valid legal, and bind-ing cgreemenu of PSNH and will be effective to establich at t
to each rtntf eree the full legal right, free and clee.r of any liens or security interests of =ortgagas or security agreements of PSNH, tc its proportientte share of the Units, Property Interests, and related
- it hti Ln; in trects in cecordance with its Edjusted Ownership Shtre, in cy rriance rith the provisions of the Agreement. "
2.
GEP A reement.
By causing this Seventh Amendment to oc signed by its authorized officer. and Lirixing its corporate seal hereto, Green Mountain Power -
Corporation hereby becomes a party to the AEreement subject to all obligations and entitled to all rights as a Participant thereunder to the extent of its Ownership Share.
3 Effective Date.
When counterparts ef this instrument have been executed by all i
the Transferees and by Participants under the Agreement (including Transferees) having Ownership Shares aggregating at least 80%,
this Amendatory Agreement and the amendment expressed in Section 1 hereof shall become effective in accorCance with paragraph 29 of the Agreement on the last day of the conth in which the last of the following has been received:
(a)
Approval by the Nuclear Regulatory Commission of an amendment to the ccnstruction permits for the Seabrook nuclear project to reflect the changes in
(
Ownership Shares described herein; (b)
Approva'l by the New Hampshire Public Utilities Commission of the change in the Ownership Shart of PSNH; (c)
Approval by the Massachusetts Department of Public Utilities of the increase in the Ownership Shares of Montaup and N3;
_r 7
(d)
Approval by the Massachusetts Department of Public Utilities of the financing by MKdEC cf the in-crease in t,he Owne: ship Share of IW:C and the firstQQQ issuance o. securities for that financing; g]
gg
(
(e)
Approvals of the Municipal Lighting Plant (umsaft Commission of the City of Taunton, the Taunton Citv Ccuncil, and approval of the Massachusetts Energy Siting Council df neededl and the requisite municipal authori-ties of Hudson of the increase in the Ownership Shares of Taunton and Hudson, respectively, provided, however, that if c1;ber Taunton or Hudson, or both shall fail to obtain
^
C.3
) al'_ such approvals on or before October 1,1979, MMWEC
,ta y^d
' shall automatically succeed to the rights and obligations yc ffsug <t under this Amendatory A reement of, and replace hereunder, g ?d0 {
whichever of then has so failed and the sole approval re_-)
gc 5
-(tN)fe cuired under this clause (e)fsnall be the approva.L of the i.
4 i
Massachusetts Department of Public Utilities of the financ-(p M'7r ( ing by MKJEC cf the additional increase in Ownership Share F
whicn results therefrom), and V
^
_e.
tr)
Approval, if needed, by the Vermont Fublic Servico Sotrd of the increase of the Ownership Shares of CVPS and G12 O
AppcL1L cr o*.her requests for review of any of the approvals and releases under (a) through (f) above shall not stay the effective-ne6s hereof unless a stay is issue'd by the court or other body to which the appeal or request for review is directed.
PSNH and the Transfereen shall use their respective best efforte to pursue, obtain and assure the continued ' validity of the approvals".under (a) through (f) above which apply to their respective rights and obligations hereunder.
3 Applicable Law.
This Amendatory Agreement is made under and shall be
' governed by the laws of the State of New Her.pshire.
4.
Execution in Counterparts.
Any number of counterparts of this Amendatory Agreement may be executed and each shall have the same force and effect as an original and as if all the parties t all of the counterparts had signed the same instrument.
IN WITNESS WHEREOF, each of the. undersigned has caused this' Agreement to be signed by an authorized officer and its respective seal to be affixed hereto on the date indicated but as of the date I
first tbove written.
Witnesbes:
PUELIC SERVICE COMPANY OF NEW HAMPCHIRE
~
By
~
(Seal)
'. (}
Itr Date
O s:c or ue x =v wire County of Hillsborough The foregoing instrument was acknowledged before me this day of
,1979, by W. C. Tallman, President of Public Service Cer.pany of New Hampshire, a New Hampshire corporation, on behalf of the corporation.
(Seal)
O THE UNITED ILLUMINATING COMPANY By (Seal)
Its l
Date State of Connecticut County of New Haven The foregoing instrument was acknowledged before me this of The day of
, 1979, by United Illuminatirig Company, a Connecticut corporation, on behalf c: The con oration.
(Seal)
O i -..., - _ _. _. -, -,.. _ _ _ _.,, _ _., _ -, _ _, _ _.... _. _,,, _ __...
BANGOR HYDRO-ELECTRIC COMPAh"i O
By (Seal)
Its Date State of Maine County of Penobscott The f'oregoing instrument was acknowledged befora me th's day of
, 1979, by of Bangor Hydro-Electric Company, a Maine corporation, on behalf of the corpo-recion.
(Seal)
CENTRAL MAINE POWER COMPANY By (Seal)
Its Date l
State of Maine County of Kennebec The foregoing instrument was acknowledged before ne this 6ty cf
, 1979, by of Central Meine Power Company, a Maine corporation, on behalf of the corporation
(, Seal)
- ~ '~
O
-7
CENTRAL VEPE.ONT PUBLIC SERVICE CORPORATION O
(Seal)
By Its Date l
State of Vermont County of Rutland The oregoing instrument was acknowledged before ne this day of Central of
, 1979, by Vermont Public Service Corporation, a Vermont corporation, on behalf of the corporation.
(Seal) s O
THE CON::ECTICUT LIGHT AND PCWER COMPA:Y By (Seal)
Its Date State of Connecticut County of Hartford l
The foregoing instrument was acknowledged before ne this day of The of
, 1979, Cennecticut Light and Power Company, a Connecticut corporation, on be.nt.lf cf the corporation.
(Seal)
_a_
.U' FITCHBURG GAS AND ELECTRIC LIGHT COMPANY O
By (Seal)
Its Date Ccmmonwealth of Massachusetts County of Worcester The foregoing instrument was acknow3 edged before me this day of
, 1979,.by of Fitchburg Gas and Electric Light Company, a Massachusetts corporation, on behalf of the corporation.
(Seal)
HUDSON LIGHT AND PCKER DEPARTMENT By (Seal)
Its Date i
j Commonwealth of Massachusetts County of Middlesex The foregoing instrument was acknowledged before me this day of
, 197 9, by of Hudson Light and Power Department, an agency of a Massachusetts municipal cerperction, on behalf of the corpora'. ion.
(Setl)
O \\
l I
l.-,--.,-..-,-.,.--,.-.....-,--
- ~ - ~ - - - - ~
--~ ~ -----
MAINE PUBLIC SERVICE COMPANY
' O By (Seal)
Its Date Sts.te of Maine County of Aroostook The foregoing instrument was acknowledged before me this day of 1979, by' of Maine Public Service Company, a Maine corporation, on behalf of the corpo-ration.
(Seal)
MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY i
l By (Seal)
Its Date Cominonwealth of Massachusetts County of Hampden The foregoing instrument was acknowledged before me this day cf 1979,-by of Massachusetts Municipal Wholesale Electric Company, a Massachusetts corporation, on behalf of the corporation.
(Seal)
O
~
~.
v v -,
,.w-w.v,,-,-,----.e-,w r -
r,r w~n-a-
,-,ane-
,,m.,,-,---v,-,----
-,---w-
,--,-,--,,,-w----..--n.,------,------
--w
- - - - -, ~ = - - - - - - - - - -
MCNTAUP ELECTP.IC COMPAhi d6r By
/M4 A.
(Se11)
Its N$'h!
Date e2.0, l$7f Co..conwealth of Massachusetts County of Suffolk The foregoing instrument was acknowledged before me this M day of & rV
, 197 9, byJohe K6hder.,Ie, firs,a/ent of Montaup Electric Company, a Massachusetts corporation, on behalf of the corporation.
/
m/,(Seal) s Mf 0 ~ - w *~ q sith
/f
,%f, /fof NEW BEDFO?.D GAS AND EDISON LIGHT COMPANY (q)
By (Seal)
Its Date Commonwealth of Massachusetts County.of Middlesex The foregoing instrument was acknewledged before me this day of 1979, by of New Bedford Gas and Edison Light Company, a Massachusetts corporation, en be.hrlf of the corporation.
c (Ser.1)
O
NEW ENGLAND POWER COMPAhi O
By (Seal)
Its Date Commonwealth of Massachusetts County of, Worcester The foregoing instrument was acknowledged before me this day of 1979, by of New England Power Company, a Massachuset'ts corporation, on behalf of the corporation.-
(Seal)
TAUNTON MUNICIPAL LIGHTING PLANT By (Seal)
Its Date Commonwealth of Mas'sachusetts County"of Bristol The foregoing instrument was acknowledged before me this day of 1979, by of Taunton Municipal Lighting Plant, an agency of a Massachusetts municipal cerpert:1on, on behalf of the corporation.
(Ses.1) e O
,--,,--,-,,.n,.n--,
,,_,.-s,
,,e-,.,c,,,.,
.-,,.,n,,,,.,,,.,n_,,_w,,,,,,_.-.
gg.m-n-,m,,,
_,_cy, n-,
GREEN MOUNTAIN F0WER CORPORATION O
By _
(Seal)
Its Date St of Ycrmont C c..) ty of. Chittenden The'. foregoing instrument was acknowledged before me this day of
- 1979, by of Green Mountain Power Corporation, a Veront corporation, on behalf of the corporation.
(Seal)
O 0
e e
S e
9
~
O 4
EIGHTH AMENDMENT TO AGREEMENT FOR JOINT OWNERSHIP, CONSTRUCTION AND OPERATION OF NEW HAMPSHIRE NUCLEAR UNITS
%)
This Amendatory Agreement made as of the 25th day of April, 1979, by ard among Public Service Company of New Hampshire (PSNH), The United Illuminating Company (UI), Bangor Hydro-Electric Cocpany (Bangot),
Central Maine Power Company (CMP), Central Vermont Public Service Corporation (CVPS), The Connecticut Light and Power Company (CL&P),
Fitchburg Gas and Electric Light Company (Fitchburg), Hudson Light and Power Department (Hudson), Maine Public Service Company (MPC),
Massachusetts Municipal k"nolesale Electric Conpany (M5'EC), Montaup Electric Co=pany (Montaup), New Bedford Gas and Edison Light Company (NB), New England Power Company (NEP), Taunton Municipal Lighting Plant (Taunton), and Vermont Electric Power Company, Inc. (VELCO) (the Participants),
2.
Effective Date of this Eighth _ Amendment.
When counterparts of this Amendment have been executed by Participants having Ownership Shares aggregating at least 807.,
this Amendatory Agreement shall beco=e ef fectlye in accordance with paragraph 29 of the Agreement.
(Eighth Amendment became effective April 25,1979)
I I
O 9-
--,y
..-gyer--
,e---i---
-,-_,,m,,.,%--w,-%
.-%3
,-w,,,-,,,, -
,7.
,.-..e w,.
.e.,-
, g yy,-p-,
-r-*
NINTH A.r.:.NDMENT TO AGREEMENT FOR JOINT OWNERSHI?,
CONSTRUCTION AND OPERATION OF NEW HAMPSHIRE NUCLEAR UNITS This Amendatory Agreement made as of the Sch day of June, 1979, by and among Public Service Company of New Hampshire (PSNH), The United Illu=inating Company (UI), Bangor Hydro-Electric Company (Bangor),
Central Maine Power Company (CMP), Central Vermont Public Service Corporation (CV?S), The Connecticut Light and Power Company (CL&P),
Fitchburg Gas and Electric Light Company (Fitchburg), Hudson Light and Power Department (Hudson), Maine Public Service Company (MPC), Massachusetts Municipal Wholesale Electric Company (MMWEC), Montaup Electric Company (Montaup), New Bedford Gas and Edison Light Company (NB), New England Power Company (NEP), Taunton Municipal Lighting Plant (Taunton), and Vermont Electric Power Company, Inc. (VELCO) (the Participants),
O)
L.
2.
Effective Date of this Ninth Amend =ent When counterparts of this instrument have been executed by the Participants, this Amendatory Agreement and the amendment expressed in Section 1 hereof shall become effective in accordance with paragraph 29 of the Agreement.
(Nir.th Amendment becane effective June 8, 1979) f C
,-s w
--,w w
yw,-
w---
-..,r c.-
v
w,-
4
,g
-me
,,o-s,--,
w--xw-
- ,e-
-- --~
a
-- n
---m
TENTH AMENDMENT TO AGREEMENT. FOR JOIN Ok'NERSHIP,
\\
CONS 3UCTION AND OPERATION OF ND H.A_95 HIRE NUC' EAR UNITS This Amendatory Agree =ent made as of the lith day of October, 1979, by and among Public Sarvice Company of New Ha:pshire (PSNH), The Uni:ed Illu=inating Company, Bangor Eydro-Electric Co=pany (Banger),
Central Maine Power Company (CMP), Central Vermon: Public Service Corporation, The Connecticut Light and Power Company, Fitchburg Gas and Ilectric Light Company, Eudson Light and P.wer Department (Eudson),
Maine Public Service Company, Massachusetts Municipal Vnolesale Electric Company (MMk'EC), Montaup Electric Company (Montaup), New Bedford Gas and Edison Light Company (NB), New England Power Company, Taunton Municipal.
a Lighting Plant (Taunton), Vermont Electric Cooperative, Inc. and Vermont Electric Power Company, Inc. (the Participants),
l Effective Date of this Tenth Anendment.
Vnen coun:erparts of this Amend =ent have been executed by the Inizia* Transferees referred to herein and by Participants (in-cluding the initial Transferees) having Ovnership Shares aggregating at leas: 80%, this Anendatory Agreement shall become effective in accordanec vith paragraph 29 of the Agreement.
l l
r 1
(Tenth Amendment became effective October 11,1979) i l
k 4
l i
i t
,v.
-i,m.w---...,---.-v,-.-
yy,,,,w.,-.cm,_,--,--m,~,.,-e-,-,-.-o-..--.--..w,,,m.m.,
-,,+,e.----,~w-=.~,,--,-,--,,.vew,-,e-,w-ww-e~-rw.<
-, - - - - +
.~.
EEEVINTH AMENDMENT TO AGREEMENT FOR JOINT OWNERSHIP, f
CONSTFCCTION A';D OPERATION OF SEW HAM
- SHIRE NUCEEAR UNITS I
This Amendatory Agreement made as of the 15th day of December, 1979, by and among Public Service Company of New Ha=pshire (PSNH), The United Illuminating Company, Bangor Hydro-Electric Company, Central Maine Power Company, Central Vermont Public Service Corporation, The Connecticut Light and Power Company, Fitchburg Gas and Electric Light Company, Hudson Light and Power Department, Maine Public Service Company, Massachusetts Municipal Wholesale Electric Company, Montaup Electric I
Company, New Bedford Gcs and Edison Light Company, New England Power company, Taunton Municipal Lighting Plant, Vermont Electric Cooperative, Inc. and Vermont Electric Power Company, Inc. (the Participants),
f y
4.
Effective Date of this Eleventh Amendment.
When counterparts of this Amendment have been executed by PSNH and the Participants named in paragraph 11.2 of the Agreement, this Amendatory Agreement shall become effective in accordanece with paragraph 29 of the Agreement.
(E eventh Amendment been=e effective December 15, 1979) 4 k
i 1
1
- r,
(~N TWELFTH /. MEND::ENT TO AGREE'4ENT FOR JOI::T OIC ERSHIP, l V CONSTRUC~ ION A::D OPERATION OF NEW EAMPSEIRE 'UC:. EAR UNITS l
This Amenda:ory Agreemen: cade as of the 16th day of June, 1950, by and among Public Service Company of New Ha=pshire (PSNE), The Uni:ed Illucinating Cocpany, Sangor Hydro-Elec:ric Ccepany, Central Maine Power Company, Central Vermont Public Service Corporation, The Connecticut Ligh: and Power Co=pany, Fi:chburg Gas and Electric Light Company, Eudson Light and Power Department, Maine Public Service Company, Massachusetts Municipal Wholerale Electric Company, Montaup Electric Company, New Bedferd Gas and Edison Light Company, New England Power Company, Taunton Municipal Lighting Plant, Vermont Electric Cooperative, Inc. and Verment Elec:ric Power Co=pary, Inc. (the Participants),
h
\\_s/
6.
Ef f ective Date ;;f this Twelf th Amendment.
There is provided opposite the name of each signatory to this Amend:ent boxes for such signatory :o indicate whether it agrees or does not agree that one or both of the amendments provided in Sections 1 and 2 of this Amendment shall be applicable to such signatary. The absence of any check in such a box will be presumed to be agreement te such applicability of such Amendment.
When coun:erparts of.his Amendment have been executed by Participants having Ownership Shares agi,regating at least 80%, this Amendatory shall beccme effec:ive in accordance with Paragraph 29 of Agre1 ment the Agreement and in accordance with the fo11 swing provisions:
(a)
Section 1 of this Amendmen: shall be applicable to the advance paymen:s made by each Participant who execu:es a ceun:erpart tnd agrees to such applicability. The date for cc==encing crediting of advance payments of those Par:icipants who indica:e they do no: so agree shall remain July 1, 1930.
(b)
Section 2 of this Amend en: shall be applicable to each Participan: who executes a counterpar: and agrees to such applicabili:y.
Each Participan: who indicates hat it d:es not agree that See: ion 2 shall be applicable to it shall ne:
be obliged to make the advance payment specified in See: ion 2.
\\/
(c) Section 3 of this Amendment shall be applicable to each Participant who agrees that See: ion 1 shall be applicable to 6
it.
l
(".velfth inendmec5 became effective June lo, 1980)
i.
THIRTEEhTH AMENDMEhT TO ACREEMEhT EOR JOIhT OWNERSHIP, CONSTRUCTION AND OPERATION OF NEW HAMPSHIRE NUCLEAR UNITS i
(-s,)
This Thirteenth Amendment to Agreement For Joint Ownership, i
Construction and Operation of New Hampshire Nuclear Units (the Thirteenth r
i t
Ameadment), made as of the 31st day of Lecember, 1980, by and among j
Public Service Company'of New Hampshire, The United Illuminating i
t Company, Bangor Hydro-Electric Company (Bangor), Central Maine Powe.
t Company (CMP), Central Vermont Public Service Corporatica (CVPS), The Connecticut Light and Power Company, Fitchburg Gas and Electric Light Company (Fitchburg), Hudson Light and Power Department (Hudson), Maine Public Service Company (MPSC), Massachusetts Municipal Wholesale Electric Company (MMWEC), Montaup Electric Company (Montaup), New Bedford Gas and Edison Light Company (NB), New England Power Company, Taunton Municipal Lighting Plant (Taunton) and Vert c Electric Cooperative, Inc. (VEC)
()
(sometimes also collectively the Participants).
4.
Effective Da:e of this Thirteenth Amendment.
When counterparts hereof have been ex'ecuted by Bangor, CMP, CVPS, Fitchburg', Hudson, MPSC, MTWEC, Montaup, NB, Taunton and VEC and by
?articipants having Ownership Shares aggregating at least 80%, this Thirteenth Amendment shall becoce effective in accordance with Paragraph 29 of the Agreement.
(Thirteenth Amendment became effective December 31,3080)
(~\\
-,u,,
y
,ay
,v.
r-.-
,--.,,.,r,-
-e=,.
,,r
-%-,7 m
-3.-
i llO i
i l
PUBLIC SERVICE COMPANY OF IEW HAMPSHIRE i
i I
i i
i I
l Units No. I and No. 2 i
Seabrook !!uclear Power Station i
i Sanbrook, New Hampshire i
i l
l
!O I
a l
)
Information furnished pursuant to S 50.33 of Commission's Rules and Regulations with
.l i
respect to the particular Applicant named above as part of the Final Safety Analysis l
Report and Operating License Application i
for the above Units.
)
JULY 1981 i
i i
I l
l O
i
)
I.
CRGANIZATION AND CONTROL
~
(_j) 1 (a)
Name of Applicant Public Service Company of New Hampsbire (PSCo)
(b)
Address of Applicant 1000 Elm Street Manchester, New Hampshire 03105 (c)
Description ~of Business of Applicant PSCo is engaged principally in the production, purchase, transmission, distribution, and sale of electricity for residential, commercial, industrial, and municipal purposes within the State of New Hamp-shire.
It is the largest electric utility in New 4
' Hampshire, furnishing electric service-in Manchester, Nashua, Portsmouth, Berlin, Dover, Keene, Laconia, Is)
Franklin, Rochester, Somersworth, and 187 other New Hampshire municipalities, including about 835 of the total population of the state.
It also sells elec-tricity to other utilities and distributes and sells
~ electricity.,in 6 towns in Vermont and 13 towns in Maine.
The area served at retail has a population of about 782,000.
The maximum one-hour prime peak load experienced to date by PSCo's system was 1,208 I
net MW on January 12, 1981.
The electric proper-ties of PSCo. form a single integrated system, including i
transmission facilities which are part of the New England-wide transmission grid.
As a participant in
[]h the New England Power Pool (NEPOOL), PSCo's genere ing N.
-J-o
-.m.,
-..r--
,e
,,.--,----,---r
+
+,
-m--
.----.1,.,.
,,--,w--+
1 units are centrally dispatched and generating reserves 1
l are equalized by the Pool throur,h appropriate capabi-d lity responsibility provis' ions.
PSCo' owns and operates five fossil fuel electric generating stations with an-
}
estimated effective capability of 1,097 W, of which 100 W is be.ing sold to another utility on a long-term basis, and has other generating facilities with an 4
aggregate effective capability of 165 m as follows:
hydroelectric (51 W ), combustion turbines (111 W) and diesel generating (3 W).
PSCo also is a' stockholder in each <:f the four Yankee nuclear generating companies and is entitled to shares of the output' thereof aggre-4 gating approximately 98 MW.
(d)
Corocrate Organization PSCo is a business corporation organized under the l'
laws of New Hampshire.
As of December 31, 1980 PSCo had-i 59,074 domestic shareholders owning 18,162,463 comon chares and_ 94 foreign shareholders owning 41,759 common sharas.
(e)
Corporate Officers and Directors The names and residence addresses of each of the 1
j members of PSCo's Board of Directors and of each of 1
PSCo's officers are listed on the following page.
i O
i i
j -.
6 m
u m__________*___._._._mi_-_,_m.___a__.__._.___m.__im.
-- -- _ _ -mv-1-my--
1 William A.
Adams, Jr.
12014ayflower Dr.
Ot'fice of Registrart
, Director, Manchester, N.H.
Executive Vice t
President Robert J.
Bottoms 108 Bunker Hill St.
Distributor Director Lancaster, N.H.
Lindal Cedar Homes Lancaster, N.H.
George A.
Dorr, Jr.
33 Summit Rd.
Dorr Woolen Company Director 3
- Newport, N.H.
- Guild, N.H.
Priscilla E. Prechette 70 Bradford Rd.
Director
- Keene, N.H.
Harlan L. Goodwin 189 Washington Rd.
First National Bank Director
- Rye, N.H.
of Portsmouth 325 State Street Portsmouth, N.H.
Robert J. Harrison 234 Mayflower Dr.
Office of Registrant
- Director, Manchester, N.H.
President David N. Merrill North Road Office of Registrant
- Director,
- Candia, N.H.
-Executive Vice President Ann R. Moody Box 206 Edgcomb Steel of Director.
o g
)
Manchester Rd.
New England, Inc.
Amherst, N.H.
West Hollis Street Nashua, N.H.
Byron C.
Radaker Post Office Box 4007 Congoleum Corporation Director Portsmouth, N.H.
P.O. Box 4040 Portsmouth, N.H.
John J. Reilly 12 Laurel Dr.
John J. Reilly, Inc.
Director Bedford, N.H.
975 South Willow St.
Manchester, N.H.
William M. Scranton.
Hurricane Road Beede Electrical Director Keene, N.H.
Instrument Co., Inc.
Fisherville Rd.
Penecook, N.H.
a William C. Talman 12 Ministerial Rd.
Office of Registr nt Director, Chm.
- Bedford, b.d.
and Chief Executive Officer i
Hugh C. Tutle 345 Dover Point Rd.
Tutle Market Gardens Director i
Dover, N.H.
151 Dover Point Road Dover,'N.H.
( )/ Richard E. West 41 Berkeley St.
Retired Director Nashua, N.H.
ss-.
. ~
David S. Williams Taunton Hill Road International Packings Director Andover, N.H.
Corporation Ragged Mt. Highway
(
Bristol, N.H.
Charles E.
Bayless Dudley Brook Rd.
Office of Registrant Financial Vice
- Weare, N.H.
President D.
Pierre Cameron, Jr.
31 Blackbird Drive Office of Registrant Vice President
- Bedford, N.H.
General Counsel-Raymond E. Closson 245 North Bend Dr.
Office of Pegistrant Vice President' Manchestet:,
N.H.
John C. Fuffett 37 Strawberry Hi 1 Rd.
Office of Registrant Vice President Bedford, N.H.
Henry J. Ellis 56 Fieldstone Dr.
Office of Registrart Vice President Londonderry, N.H.
Warren A.
Harvey 25 Birch Hill Dr.
Office of Registrant Vice President
- Hooksett, N.H.
Elroy L.
Littlefield 158 Oak St.
Office of Registrant Vice President Manchester, N.H.
James L. Nevins Chester Turnpike Office of Registrant Vice President Candia, N.H.
John'J. Lampron 27 Shaw St.
Office of Registrant
-Treasurer Manchester, N.H.
William T. Frain.
16 Bullard Drive Office of Registrant Comptroller Hooksett, N.H.
f.I' Russell A. Winslow 66 Skyview Rd.
Office of Registrant Clerk and Manchester, N.H.
Secretary 4
ll f
+
t i
a o s~ /
i
..-na-,-.,,n.,..,-,..r_
i II.
FINANCIAL QUALIFICATIONS,
'O Under'the Joint Ownership Agreement, PSCo is responsible V
i for its Ownership Share of the operation and maintenance cost of the Units,-which, when the pending transactions de-scribed herein have been consummated prior to commercial opera-
]
tion,.will be 35 23497% of those costs, and a similar percent-age of the ultimate cost of decommissioning the Unit's.
Based upon the estimates set forth abov'e under Part IV of the General Information, PSCo's share of these costs should 4
amount to approximately $52,852,000 and $52,852,000 for the i
f.rse five~ years of operations of L:dts 1 and ', respectively; and approximately $14,799,000 to $30,302,000 for the decom-missioning of the two Units.
In addition, PSCo's share of.
fuel expenses during the period would be $
\\
As evidence of its financial qualifications to meet those costs, PSCo submits herewith:
(1) 1980 Annual Report ' to Stockholders (Exhi-bit A-1).
(11) 1980 Annual Report on Form 10-K, as anended by Form 8 dated April 13, 1981 (Exhib4t A-2).
(1111 Prospectus, dated May 5, 1981, relat-ing to 2,500,000 shares of its Common Stock, $5 Par i
Value (Exhibit A-31.
l (iv)
Order, dated
'May 1 1981, of the New Hampshire Public Utilities Commission, in-PSCo's most recent~ rate proceeding (Exhibit A-4).
l ~
.u.
L
.III.
REGULATORY AGENCIES AND PUBLICATIONS (a)
Regulatory Agencies
( )
The names and addresses of regulatory agencies which may have jurisdiction over the rates and cer-vices incident to the generation or distribution of energy by PSCo are as follows:
New Hanoshire Public Utilities Conmission 26 Plea'sant Street
~
Concord,-New Hanpshire 03301 Maine Public Utilities Commission Capitol Shopping Center State House Annex Augusta, Maine 04330 Vermont Public Service Board 7 School Street Montpelier, Vermont 05602 Federal Energy Regulatory Commission Washington, D. C.
20426 (b)
Publications
- O The following publications are used by PSCo for official notifications, and/or are otherwise appropriate
+'or notices regarding these Units:
Manchester Union Leader 35 Amherst Street Manchester, New Hampshire 03101 Portsmouth Herald 82 Congress Street Portsmouth, New Hampshire 03801 Foster's Daily Democrat 335 Central Avenue Dover, New Hampshire 03820 Hampton Union Lafayette Road Seabrook, New Hampshire 03874 Rockingham Gazette Lafayette Road
()
Seabrook, New Hampshire 03874 j.
Rochester Courier Jarvis Avenue Rochester, New Hampshire 03867 Somersworth Free Press 79 High Street Somersworth, New Hampshire 03878 New Hampshire Sunday News 35 Amherst Street Manchester, New Hampshire 03101 e
4 O
l I
f i
i
- O l,
. -