Common use of Introduction and Background Clause in Contracts

Introduction and Background. ENIP2 owns one operating nuclear powered steam generating station (“IP2”) at the Indian Point site in the Village of Xxxxxxxx, New York, ENIP3 owns a second such station (“IP3”) at the same location, and ENOI operates both stations. IP2 and IP3, together with all activities necessary to support IP2 and IP3, are sometimes collectively referred to herein as “Indian Point.” XXXX0, XXXX0, and ENOI hold current, effective facility operating licenses (“OLs”) from the United States Nuclear Regulatory Commission (“NRC”) for IP2 and IP3. In 2007, ENIP2, ENIP3, and ENOI applied to the NRC for renewal of the IP2 and IP3 OLs for an additional 20 years, and they are currently engaged in proceedings before the NRC (including the Atomic Safety and Licensing Board (“ASLB”)) for such renewal (the “NRC Proceedings”). The docket numbers for the NRC Proceedings are 50-247-LR and 50-286-LR. The AG and Riverkeeper, among others, have been participating in the NRC Proceedings. They have been admitted as intervenor parties and have raised procedural and substantive objections in the NRC Proceedings to the relicensing of IP2 and IP3. NYSDEC, Riverkeeper, ENIP2, and ENIP3, among other individuals and entities (including ENOI with respect to (ii) below), are parties to consolidated, mandatory adjudicatory proceedings before a panel of NYSDEC Administrative Law Judges (the “ALJs”) relating to (i) certain NYSDEC-Staff proposed modifications to the renewed State Pollutant Discharge Elimination System (“SPDES”) Permit for Indian Point, and (ii) NYSDEC Staff’s proposed denial of Entergy’s application for a Water Quality Certificate (“WQC”) under Section 401 of the Federal Clean Water Act (“CWA”) (the proceedings relating to (i) and (ii) collectively referred to as the “NYSDEC Matter”) for purposes of the IP2 and IP3 OL renewals. ENIP2 and ENIP3 hold a current, effective SPDES permit and WQC. ENOI, ENIP2, ENIP3, and NYSDOS have been engaged in proceedings and other actions relating to compliance by Indian Point with the Federal Coastal Zone Management Act of 1972 (“CZMA”), in the context of IP2 and IP3 OL renewal. The CZMA issues involving Indian Point and IP2 and IP3 OL renewal that are being or have been addressed by NYSDOS and are pending before the National Oceanic and Atmospheric Administration (“NOAA”) and the U.S. District Court for the Northern District of New York are referred to as the “CZMA Matter.” The Parties, as relevant to the particular proceedings and actions in which they are involved, now wish to enter into an agreement to resolve various issues relating to (a) the cessation of operations at Indian Point, (b) the CZMA Matter, (c) the NRC Proceedings, and (d) the NYSDEC Matter.

Introduction and Background. ENIP2 owns one operating nuclear powered steam generating station (“IP2”) at the Indian Point site in the Village of Xxxxxxxx, New York, ENIP3 owns a second such station (“IP3”) at the same location, and ENOI operates both stations. IP2 and IP3, together with all activities necessary to support IP2 and IP3, are sometimes collectively referred to herein as “Indian Point.” XXXX0, XXXX0, and ENOI hold current, effective facility operating licenses (“OLs”) from the United States Nuclear Regulatory Commission (“NRC”) for IP2 and IP3. In 2007, ENIP2, ENIP3, and ENOI XXXX applied to the NRC for renewal of the IP2 and IP3 OLs for an additional 20 years, and they are currently engaged in proceedings before the NRC (including the Atomic Safety and Licensing Board (“ASLB”)) for such renewal (the “NRC Proceedings”). The docket numbers for the NRC Proceedings are 50-247-LR and 50-286-LR. The AG and Riverkeeper, among others, have been participating in the NRC Proceedings. They have been admitted as intervenor parties and have raised procedural and substantive objections in the NRC Proceedings to the relicensing of IP2 and IP3. NYSDEC, Riverkeeper, ENIP2, and ENIP3, among other individuals and entities (including ENOI with respect to (ii) below), are parties to consolidated, mandatory adjudicatory proceedings before a panel of NYSDEC Administrative Law Judges (the “ALJs”) relating to (i) certain NYSDEC-Staff proposed modifications to the renewed State Pollutant Discharge Elimination System (“SPDES”) Permit for Indian Point, and (ii) NYSDEC Staff’s proposed denial of Entergy’s application for a Water Quality Certificate (“WQC”) under Section 401 of the Federal Clean Water Act (“CWA”) (the proceedings relating to (i) and (ii) collectively referred to as the “NYSDEC Matter”) for purposes of the IP2 and IP3 OL renewals. ENIP2 and ENIP3 hold a current, effective SPDES permit and WQC. ENOIXXXX, ENIP2, ENIP3, and NYSDOS have been engaged in proceedings and other actions relating to compliance by Indian Point with the Federal Coastal Zone Management Act of 1972 (“CZMA”), in the context of IP2 and IP3 OL renewal. The CZMA issues involving Indian Point and IP2 and IP3 OL renewal that are being or have been addressed by NYSDOS and are pending before the National Oceanic and Atmospheric Administration (“NOAA”) and the U.S. District Court for the Northern District of New York are referred to as the “CZMA Matter.” The Parties, as relevant to the particular proceedings and actions in which they are involved, now wish to enter into an agreement to resolve various issues relating to (a) the cessation of operations at Indian Point, (b) the CZMA Matter, (c) the NRC Proceedings, and (d) the NYSDEC Matter.