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Mitigation Agreement - NSTAR pdf file

Finance Committee · Date unavailable · Record 7e277ebfa916dd7c07

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Saved text from 3 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

Source page 1

MEMORANDUM OF UNDERSTANDING

        This Memorandum of Understanding ("MOU") is entered into on thisa 51 day of
March 2005, by and between Boston Edison Company d/b/a NSTAR Electric ("NSTAR
Electric" or the "Company") and the Town of Canton (the "Town"), by and through its
Board of Selectmen. This MOU governs various aspects of NSTAR Electric's proposal
to locate a 345 kilovolt ("kV") transmission line through parts of the Town, as such
proposal has been approved by the Energy Facilities Siting Board (the "EFSB") and the
Department of Telecommunications and Energy (the "DTE") in the proceedings docketed
as EFSB 04-1/D.T.E. 04-5/D.T.E. 04-7.

        WHEREAS, NSTAR Electric is proposing to construct a three-circuit 345 kV
underground transmission facility approximately 18 miles in length with a point of origin
at a new switching station to be constructed along an existing 345 kV transmission line
located in the Town of Stoughton and a point of termination for one circuit at the
Company's Hyde Park substation, and for two circuits at the Company's K Street
substation in South Boston (the "Project");

      WHEREAS, approximately 5.1 miles of the Project will be located within the
Town, along Route 138; and

        WHEREAS, both NSTAR Electric and the Town desire that, subject to
completion of authorization of the proposed Project by the applicable regulatory agencies
and government authorities and thereafter be constructed by NSTAR Electric, it be done
in a manner that minimizes impacts to the environment and disruption to the public, as
well as provides reasonable remediation to the Town and its citizens.

       NOW, THEREFORE, NSTAR Electric and the Town agree as follows:

              NSTAR Electric Commitments: NSTAR Electric agrees to the following
              in connection with the construction and operation of the Project within the
              Town:
              (a) Provide a temporary trench repair for Route 138, from the Stoughton-
                  Canton town line to Route 128.
              (b) Repave Route 138 from curb-to-curb from Route 128 to the Milton-
                  Canton town line. The cost of this repaving is presently estimated to
                  be $338,000.
              (c) Provide a cash donation to the Town in the amount of $3.4 million to
                  be used for improvements to be designed and constructed by the Town
                  in connection with improving the Route 138 corridor or for any other
                  lawful municipal Purpose as deteLmined by the Board of Selectmen.
                  NSTAR Electric will pay eighty (80) percent of this amount no later
                  than thirty (30) days after commencing construction in the Town. The
                  remaining twenty (20) percent will be paid no later than thirty (30)
                  days after the completion of construction in the Town. NSTAR

Source page 2

Electric currently anticipates the start date for construction will be on
        or around May 1, 2005 and the completion date will be on or around
        September 1, 2005. These dates are estimates and are subject to
        change.

2.   Town Commitments: The Town agrees to the following in connection
     with the construction and operation of the Project within the Town:
     (a) Design and construction of all of the Town's planned improvements
         for Route 138 will occur on a schedule that meets the Town's needs
         and coordinates with NSTAR Electric's construction schedule.
         Improvements include, but are not limited to, final resurfacing of
         Route 138 to an extent to be negotiated between the Town and the
         Massachusetts Highway Department. This construction is to be
         funded by the payment described in Section 1(c), above.
     (b) Allow an agreed upon work-hour schedule as determined in
         coordination with the Massachusetts Highway Department in
         accordance with the following:
            (i) Construction activities will be permitted to occur on Saturdays
                and holidays, as needed;
           (ii) Construction activities within the traveled portions of Route
                138 will cease during the morning and afternoon peak traffic
                hours as determined by the Massachusetts Highway
                Department for any area significantly affected by traffic
               management issues;
           (iii)Allow construction in residential areas from 9:00 a.m. to 9:00
                p.m., to be adjusted for rush-hour traffic volumes depending
                on the side of the road where construction is taking place;
           (iv)For areas where there are significant impacts to commercial
               businesses, work hours would be permitted in the evening
               from 9:00 p.m. to 6:00 a.m. the next day in order to
               accommodate access to businesses during the normal business
               day;
           (v) Construction activities may continue into the evening hours in
               commercial areas and all work crews will be off the traveled
               portions of Route 138 before 6:00 a.m.;
           (vi)Construction work in the winter months will be allowed to
               continue provided that, in advance of or during snow storms or
               snow emergencies NSTAR Electric would prohibit its
                                  '
               contractor from constructing or using steel road plates to cover
               excavations and all excavations will be backfilled NSTAR
               Electric will work only at times when hot paving can be
              provided for surface restoration;

Source page 3

(vii) The work-hour scheduling as described above applies to the
                   construction activities of excavation, construction of the
                   manholes and pipe trench, and cable pulling; and
               (viii) Notwithstanding the foregoing, cable splicing will be
                   allowed to occur on a continuous basis, 24-hours per day.
(c) Provide Town police officers for traffic management in compliance with
    NSTAR Electric's traffic management plan NSTAR Electric will fund the
    cost of off-duty police details either directly or through its construction
    contractor.

EXECUTED as a sealed instrument.

                            TOWN OF CANTON

                            By: Bo.          electmen

                                                                                  es-




                           BOSTON EDISON COMPANY d/b/a NSTAR
                           ELECTRIC