Nuclear Operations. Seller shall not permit PGE or any of its subsidiaries to (i) breach any existing contract or arrangement for the disposal or storage of spent nuclear fuel or components of the PGE Nuclear Facility; or (ii) obligate itself to the payment of decommissioning expenses for the PGE Nuclear Facility, or propose or adopt a budget for such decommissioning expenses, which exceeds the decommissioning forecast set forth in Section 5.13 of the Seller Disclosure Schedule, by an amount sufficient to produce a PGE Material Adverse Effect when measured over the life of the payment obligation or budget for such expenses. Seller shall not permit PGE to engage in, or enter into the business of undertaking to engage in, the transportation, treatment or disposal of radioactive waste generated by third parties. To the extent not prohibited by applicable laws, regulations, facility licenses, permits and agreements with third parties existing as of the date of this Agreement, at all times prior to the Closing, Seller shall make available to Purchaser, upon its request, any existing information relevant to the operation or decommissioning of the PGE Nuclear Facility, and shall inform Purchaser promptly of any proposed material changes to the Decommissioning Plan. If Seller is prohibited by agreement with a third party from providing information to Purchaser, Seller shall use reasonable efforts (including taking into account Purchaser's willingness to execute appropriate confidentiality agreements) to obtain the consent of such third party to the release of such information. In addition, upon reasonable notice, Seller shall allow access by two individuals designated by Purchaser, to all portions of the PGE Nuclear Facility, affording those Persons the same degree of access to facilities and information to the same extent afforded the Vice President of Nuclear and Thermal Operations. Access by the individuals selected by Purchaser shall be pursuant to existing procedures for access to the PGE Nuclear Facility, including any security clearance and training normally required of PGE nuclear personnel.
Nuclear Operations. To the knowledge of DRI, the operations of DRI's and its subsidiaries' nuclear generating stations are and have at all times been conducted in compliance with applicable health, safety, regulatory and other legal requirements, except for those requirements the failure with which to comply would not, individually or in the aggregate, have a DRI Material Adverse Effect. To the knowledge of DRI, DRI's and its subsidiaries' nuclear generating stations maintain emergency plans designed to respond to an unplanned release therefrom of radioactive materials into the environment and liability insurance to the extent required by law, and such further insurance (other than liability insurance) as is consistent with DRI's view of the risks inherent in the operation of a nuclear power facility. To the knowledge of DRI, plans for the decommissioning of each of DRI's and its subsidiaries' nuclear generating stations and for the short-term storage of spent nuclear fuel conform with applicable regulatory or other legal requirements (other than those with which the failure to comply would not, individually or in the aggregate, have a DRI Material Adverse Effect), and such plans have at all times been funded to the extent required by law, which is consistent with DRI's reasonable budget projections for such plans. To the knowledge of DRI, neither DRI nor any of its subsidiaries has incurred any liability as a result of operating nuclear power facilities for third parties which liability, individually or in the aggregate, would have a DRI Material Adverse Effect.
Nuclear Operations. 19 Section 5.14 Discharge of Liabilities.................................19 Section 5.15 Contracts................................................20 Section 5.16
Nuclear Operations. Except as set forth in Section 6.24 of the Duke Disclosure Schedule, to the knowledge of Duke, the operations of its Nuclear Steam Generating Stations ("Nuclear Stations") are and have at all times been conducted in material compliance with applicable health, safety, regulatory and other legal requirements. To the knowledge of Duke, the Nuclear Stations maintain emergency plans designed to respond to an unplanned release therefrom of radioactive materials into the environment and liability insurance to the extent required by law, and such further insurance (other than liability insurance) as is consistent with Duke's view of the risks inherent in the operation of a nuclear power facility. To the knowledge of Duke, plans for the decommissioning of each of the Nuclear Stations and for the short-term storage of spent nuclear fuel conform with applicable regulatory or other legal requirements, and such plans have at all times been funded to the extent required by law, which is consistent with Duke's reasonable budget projections for such plans. 27
Nuclear Operations. (i) Except as described in Section 7.3 of the Illinova Disclosure Schedule or to the extent Dynegy otherwise consents in writing, during the term of this Agreement and the effectiveness of the Nuclear Facility Agreements, Illinova shall (A) cause IPC to operate the Nuclear Facility in the ordinary course consistent with Good Utility Practice (as defined in the Nuclear Facility Agreements) and applicable environmental, health, safety, regulatory, and other legal requirements, (B) use reasonable efforts to preserve intact the Nuclear Facility, (C) maintain customary insurance coverage covering the Nuclear Facility, (D) not make any material change in the nuclear fuel inventory customarily maintained by IPC, and (E) not, except as required by law or Order and as arising under the Nuclear Facility Agreements, propose or adopt a budget for decommissioning expenses, which exceeds the "minimum decommissioning fund estimate" referenced in Section 6.25 of the Illinova Disclosure Schedule. Illinova will not permit IPC to engage in, or enter into the business of, the transportation, treatment or disposal of radioactive waste generated by third parties, and will inform Dynegy promptly of any changes in the decommissioning funding plan for the Nuclear Facility as submitted to the NRC on March 31, 1999. To the extent not prohibited by applicable laws, regulations, facility licenses, permits and agreements with third parties existing as of the date hereof, at all times prior to the Closing, Illinova will make available to Dynegy, upon its request, any existing information relevant to the operation or decommissioning of the Nuclear Facility, and will inform Dynegy promptly of any proposed changes to the decommissioning plan funding budget. If Illinova is prohibited by agreement with a third party from providing information to Dynegy, Illinova will use its best efforts (including taking into account Dynegy's willingness to execute appropriate confidentiality agreements) to obtain the consent of such third party to the release of such information. In addition, upon reasonable notice, Illinova will allow access by individuals designated by Dynegy to all portions of the Nuclear Facility, affording those persons the same degree of access to facilities and information to the same extent afforded the Chief Nuclear Officer. Access by the individuals selected by Dynegy will be pursuant to existing procedures for access to the Nuclear Facility, including any security clearance and ...
Nuclear Operations. To the knowledge of Duke Energy, the operations of its Nuclear Steam Generating Stations ("Nuclear Stations") are and have at all times been conducted in material compliance with applicable health, safety, regulatory and other legal requirements. To the knowledge of Duke Energy, the Nuclear Stations maintain emergency plans designed to respond to an unplanned release therefrom of radioactive materials into the environment, liability insurance to the extent required by Law, and such further insurance (other than liability insurance) as is consistent with Duke Energy's view of the risks inherent in the operation of a nuclear power facility. To the knowledge of Duke Energy, plans for the decommissioning of each of the Nuclear Stations and for the short-term storage of spent nuclear fuel conform in all material respects with applicable regulatory or other legal requirements, and such plans have at all times since January 1, 1998 been funded to the extent required by Law (which funded amount is not materially inconsistent, in the aggregate, with Duke Energy's budget projections for the amount required to be spent under such plans) except for any lack of funding which would not have a Material Adverse Effect on Duke Energy.
Nuclear Operations. Except as set forth in Section 3.17 of the Parent Disclosure Schedule, to the knowledge of Parent, the operations of the San Xxxxxx Nuclear Generating Stations ("SONGS") are and have at all times been ----- conducted material compliance with applicable health, safety, regulatory and other legal requirements. To the knowledge of Parent, SONGS maintains emergency plans designed to respond to an unplanned release therefrom of radioactive materials into the environment and liability insurance to the extent required by law, which is consistent with Parent's view of the risks inherent in the operation of a nuclear power facility. To the knowledge of Parent, plans for the decommissioning of each of the SONGS facilities and for the short-term storage of spent nuclear fuel conform with the requirements of applicable regulatory or other legal requirements, and such plans have at all times been funded to the extent required by law, which is consistent with Parent's reasonable budget projections for such plans.
Nuclear Operations. Except as set forth in Section 4.13 of the Enova Disclosure Schedule, to the best knowledge of Enova, the operations of the San Onofre Nuclear Generating Stations ("SONGS") are and xxxx xt all times been conducted in material compliance with applicable health, safety, regulatory and other legal requirements. To the best knowledge of Enova, SONGS maintains emergency plans designed to respond to an unplanned release therefrom of radioactive materials into the environment and liability insurance to the extent required by law, which is consistent with Enova's view of the risks inherent in the operation of a nuclear power facility. To the best knowledge of Enova, plans for the decommissioning of each of the SONGS facilities and for the short-term storage of spent nuclear fuel conform with the requirements of applicable regulatory or other legal requirement, and such plans have at all times been funded to the extent required by law, which is consistent with Enova's reasonable budget projections for such plans.
Nuclear Operations. 11 Section 4.16 NRC Actions..............................................12 Section 4.17
Nuclear Operations. 48 6.25. Duke/Louis Dreyfus L.L.C. ("D/LD") Obligations..... 48 6.26. Represenxxxxxxx xxxx Respect to Merger Sub......... 48
