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Session Law

2008

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Chapter 428 AN ACT RESTRICTING THE AUTHORITY OF THE HOLYOKE POWER & ELECTRIC COMPANY AND THE HOLYOKE WATER POWER COMPANY.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 6 of the acts of 1859 is hereby repealed.

SECTION 2. Section 11 of chapter 62 of the acts of 1872 is hereby repealed.

SECTION 3. Chapter 52 of the acts of 1873 is hereby repealed.

SECTION 4. Section 4 of chapter 368 of the acts of 1887 is hereby repealed.

SECTION 5. Chapter 225 of the acts of 1888 is hereby repealed.

SECTION 6. Chapter 390 of the acts of 1900 is hereby repealed.

SECTION 7.
Chapter 350 of the acts of 1903 is hereby repealed.

SECTION 8.
Chapter 152 of the acts of 1909 is hereby repealed.

SECTION 9. Chapter 147 of the acts of 1926 is hereby repealed.

SECTION 10. Chapter 183 of the acts of 1938 is hereby repealed.

SECTION 11.
Notwithstanding any general or special law, rule or regulation to the contrary, Holyoke Power & Electric Company shall not directly or indirectly: (a) engage in distribution, as defined in section 1 of chapter 164 of the General Laws, in the city of Holyoke or the towns of South Hadley, Chicopee, Northampton, Easthampton, Southampton, Westfield or West Springfield; or (b) supply electricity to a retail customer, as defined in said section 1 of said chapter 164, in the city of Holyoke or in the towns of South Hadley, Chicopee or Westfield, unless and until as to each such municipality, any person, other than the municipal lighting plant serving such municipality, may provide generation service pursuant to section 47B of said chapter 164 to retail customers in any said municipality, provided that the foregoing shall not affect the right of Holyoke Power & Electric Company to engage in the wholesale sale of electricity.

SECTION 12. Within 1 year after the effective date of this act, Holyoke Power & Electric Company shall change its corporate name, through amendment to its certificate of incorporation, filed with the state secretary, to a corporate name that shall not include the word “Holyoke”. Nothing in this act shall prevent Holyoke Power & Electric Company from changing its corporate name at any time so long as the corporate name does not include the word “Holyoke”.

SECTION 13. Nothing in this act shall affect the status of Holyoke Power & Electric Company as an electric company to which chapter 164 of the General Laws applies including, without limitation, its right to transmit electricity and electricity-related products.

SECTION 14. This act shall not affect in any manner any contract, agreement or credit facility that Holyoke Power & Electric Company is a party to, or by which any of its assets are bound.

SECTION 15. Notwithstanding any general or special law or rule or regulation to the contrary, nothing in this act shall prevent Holyoke Power & Electric Company from selling or otherwise disposing of all or a portion of its assets to the city of Holyoke gas and electric department or other purchaser or transferee.

SECTION 16. Holyoke Water Power Company shall not directly or indirectly engage in distribution, as defined in said section 1 of chapter 164 of the General Laws, or conduct retail sale of electricity in the city of Holyoke, or serve electricity, at retail, to any customer located in the towns of South Hadley, Chicopee, Northampton, Easthampton, Southampton, Westfield or West Springfield.

SECTION 17. On and after the effective date of this act, Holyoke Water Power Company shall be vested with all the powers and privileges, and shall be subject to all restrictions, conditions and limitations, set forth in the General Laws applicable to a company organized pursuant to chapter 156B of the General Laws, except that Holyoke Water Power Company and its successors shall have the authority to engage in the generation and transmission, as those terms are defined in said section 1 of chapter 164 of the General Laws, of electricity and electricity-related products.

SECTION 18. This act shall not affect any contract, agreement or credit facility that Holyoke Water Power Company is a party to, or by which any of its assets are bound.

SECTION 19. Notwithstanding any general or special act to the contrary, the Holyoke Water Power Company may change its corporate name at any time, and may sell or otherwise dispose of all or a portion of its assets to the city of Holyoke gas and electric department or other purchaser or transferee.

SECTION 20. Insofar as the provisions of this act are inconsistent with the provisions of any general or special law, administrative order, regulations or any limitation imposed on the corporate existence of the Holyoke Water Power Company, the provisions of this act shall be controlling.

Approved December 23, 2008


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