Confirmation Letter for Power Purchase and Sale between Exelon Generation Company, LLC and Commonwealth Energy Corporation

Summary

Exelon Generation Company, LLC and Commonwealth Energy Corporation (doing business as electricAMERICA) have entered into an agreement confirming the sale and purchase of a specified product, with key terms such as quantity, price, and delivery schedule kept confidential. The agreement is governed by the EEI Master Power Purchase & Sale Agreement dated July 1, 2003, and specifies that Exelon will bill Commonwealth twice monthly. In case of any conflict, the terms of this confirmation letter take precedence over the master agreement.

EX-10.21 6 a94018exv10w21.txt EXHIBIT 10.21 Exhibit 10.21 [EXELON LETTERHEAD] Exelon Generation Company, LLC ###-###-#### 300 Exelon Way Kennett Square, PA 19348 TO: Ian Carter COMPANY: Commonwealth Energy Corporation (d/b/a/ electricAMERICA) This confirmation letter ("Letter") shall confirm the agreement reached on July 22, 2003, between Commonwealth Energy Corporation and Exelon Generation Company, LLC, for the sale and purchase under the terms and conditions as follows: Seller: Exelon Generation Company, LLC ("Exelon") Buyer: Commonwealth Energy Corporation ("Commonwealth") Product: [Confidential Treatment Requested] Term: [Confidential Treatment Requested] Start Date: [Confidential Treatment Requested] End Date: [Confidential Treatment Requested] Quantity: [Confidential Treatment Requested] Schedule: 7 x 24 (around the clock) Delivery Point: Western Hub, PJM Interconnection Price: [Confidential Treatment Requested] Operations: Exelon will initiate a contract or contracts in eSchedules or its successor. Such contract or contracts will be designated as "real-time" and will identify Western Hub as source and sink. Payment: Exelon will bill Commonwealth twice per month in arrears in accordance with the following billing schedule: [Confidential Treatment Requested] Enabling Authority: This Confirmation is entered into under that certain EEI Master Power Purchase & Sale Agreement between Commonwealth and Exelon dated as of July 1, 2003 (the "Master Agreement"). In the case of a conflict between the terms of this Confirmation and the Master Agreement, the terms of this Confirmation will govern over those of the Master Agreement. All terms not defined herein shall have the meaning ascribed to them in the Master Agreement. -2- EXELON GENERATION COMPANY, LLC COMMONWEALTH ENERGY CORPORATION By: /S/ IAN MCLEAN /KWC By: /S/ IAN B. CARTER -------------------------------- ----------------------------------- Name: Ian McLean Name: Ian B. Carter Title: President of Exelon Power Team Title: Chairman & CEO -3-