Nuclear Decommissioning Trusts Sample Clauses

Nuclear Decommissioning Trusts. (a) Each NDT of the Company and CENG is a trust, validly existing under the laws of the state in which the trust is organized with all requisite authority to conduct its affairs as it now does. Each NDT of the Company and CENG is in full compliance in all material respects with all applicable Laws of the NRC. The Company, CENG and/or the trustee of each NDT of the Company or CENG, as applicable, has/have filed or caused to be filed with the NRC and any other Governmental Entity all material forms, statements, reports, documents (including all exhibits, amendments and supplements thereto) required to be filed by such entities.
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Nuclear Decommissioning Trusts. (a) Each NDT of Parent is a trust, validly existing under the laws of the state in which the trust is organized with all requisite authority to conduct its affairs as it now does. Each NDT of Parent is in full compliance in all material respects with all applicable Laws of the NRC. Parent and/or the trustee of each NDT of Parent has/have filed or caused to be filed with the NRC and any other Governmental Entity all material forms, statements, reports, documents (including all exhibits, amendments and supplements thereto) required to be filed by such entities.
Nuclear Decommissioning Trusts. The trusts established by the Utilities and approved by the CPUC pursuant to the Nuclear Facilities Decommissioning Act of 1985, Cal. Pub. Util. Code Sec. 8321 et seq., for the purpose of covering costs associated with decommissioning SONGS.
Nuclear Decommissioning Trusts. Prior to the Designated Interest Closing, Seller’s Parent shall use commercially reasonable efforts to obtain a determination from the NRC of what additional actions, if any, will be required by the NRC to ensure that Nuclear Decommissioning Trusts (“NDTs”) funding of the Nuclear Business as of the Designated Interest Closing will be at a level the NRC deems compliant with applicable Laws and NRC rules and policies. Purchaser acknowledges that such NRC determination may be addressed in the license transfer approval for the transactions contemplated by this Agreement, in response to a plan submitted by Seller’s Parent, or in a stand-alone letter. Seller’s Parent shall keep Purchaser’s Parent informed on a reasonably current basis of any discussions with the NRC with respect to the NDTs. If the NRC has not yet issued a determination, Seller’s Parent and Purchaser, together with their respective advisors, shall cooperate to prepare, no later than 10 Business Days prior to the Designated Interest Closing Date, a statement that calculates the amount, if any, by which the funding of the NDTs is at a level below that which the NRC deems compliant with applicable Laws and NRC rules and policies as of the Designated Interest Closing Date, which statement shall be prepared based on an assessment of the NRC minimum formula amount calculated pursuant to 10 CFR 50.75(c) and the current trust fund asset values (with projected earnings credited as permitted by 10 CFR 50.75(e)(1)(i)) in accordance with methodology adopted by the NRC and applied by Seller’s Parent consistent with past practices. To the extent that the NRC determines (or absent NRC determination, Seller’s Parent and Purchaser, together with their respective advisors, determine) that NDTs funding of the Nuclear Business as of the Designated Interest Closing Date is not compliant with applicable Laws and NRC rules and policies, Seller’s Parent shall cover the amount of any shortfall by a method selected by Seller’s Parent and acceptable to the NRC (or in the absence of an NRC determination, reasonably acceptable to Purchaser) to bring the NDTs funding status of the Nuclear Business into compliance with applicable Laws and NRC rules and policies at the Designated Interest Closing. If Seller’s Parent covers such shortfall through a guarantee, any such guarantee by Seller’s Parent shall terminate (at any time) upon a determination by the NRC that NDTs funding is compliant without such guarantee, and the Company ...

Related to Nuclear Decommissioning Trusts

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