Operations of Nuclear Power Plant. The operation of the nuclear generation plant (the "NUCLEAR FACILITY") wholly owned by the Company is being conducted in substantial compliance with current laws and regulations governing nuclear plant operations, except for such failures to comply as would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Except as would not reasonably be expected to have a Company Material Adverse Effect, (a) the Nuclear Facility maintains and is in substantial compliance with emergency evacuation plans as required by the laws and regulations governing nuclear plant operations and (b) as of the date of this Agreement, the storage of spent nuclear fuel and the plans for the decommissioning of the Nuclear Facility substantially conform with the requirements of applicable law.
Operations of Nuclear Power Plant. Except as set forth in Section 4.20 of the WPL Disclosure Schedule, the operations of the Kewaunee Nuclear Facility ("Kewaunee") owned by WPL (together with Wisconsin Public Service Corporation ("WPS") and Madison Gas & Electric Company, as tenants in common) and operated by WPS, have at all times been conducted in compliance with applicable health, safety, regulatory and other legal requirements, except where the failure to be in compliance in the aggregate does not, and insofar as can reasonably be foreseen, would not, have a WPL Material Adverse Effect. Kewaunee maintains emergency plans designed to respond to an unplanned release from Kewaunee of radioactive materials into the environment. Customary liability insurance consistent with industry practice and consistent with WPL's view of the risks inherent in the operation of a nuclear power facility currently exists with respect to Kewaunee. Plans for the decommissioning of Kewaunee and for the short-term storage of spent nuclear fuel conform with the requirements of applicable law, and such plans have at all times been funded consistently with budget projections for such plans.
Operations of Nuclear Power Plant. Except as set forth in Section 5.20 of the IES Disclosure Schedule, the operations of the Xxxxx Xxxxxx Energy Center ("DAEC") owned by IES (together with Central Iowa Power Cooperative and Cornbelt Power Cooperative, as tenants in common) and operated by IES, have at all times been conducted in compliance with applicable health, safety, regulatory and other legal requirements, except where the failure to be in compliance in the aggregate does not, and insofar as can reasonably be foreseen, would not, have an IES Material Adverse Effect. DAEC maintains emergency plans designed to respond to an unplanned release from DAEC of radioactive materials into the environment. Customary liability insurance consistent with industry practice and consistent with IES's view of the risks inherent in the operation of a nuclear power facility currently exists with respect to DAEC. Plans for the decommissioning of DAEC and for the short-term storage of spent nuclear fuel conform with the requirements of applicable law, and such plans have at all times been funded consistently with budget projections for such plans.
Operations of Nuclear Power Plant. 22 ARTICLE V REPRESENTATIONS AND WARRANTIES OF PARENT
Operations of Nuclear Power Plant. To CES's knowledge, except as set forth in Section 4.26 of the CES Disclosure Schedule or as disclosed in the CES SEC Reports, CES has not received written notice from any Governmental Authority that it is not in compliance in all material respects with all laws applicable to the condition or operation of the Crimson nuclear facility, (the "CES Nuclear Facility") and CES has not violated any laws, except for violations that, in the aggregate, do not, and insofar as can reasonably be foreseen, would not, have a CES Material Adverse Effect. CES has duly filed all reports and returns required to be filed by it with Governmental Authorities and obtained governmental permits and licenses and other governmental consents which are required in connection with the business of owning and/or operating the CES Nuclear Facility, the failure of which to file and obtain likely would have a CES Material Adverse Effect. All such permits, licenses and consents are in full force and effect and no proceedings for the suspension or cancellation of any of them is pending or threatened.
Operations of Nuclear Power Plant. To BEC's knowledge, except as set forth in Section 5.26 of the BEC Disclosure Schedule or as disclosed in the BEC SEC Reports, BEC has not received written notice from any Governmental Authority that it is not in compliance in all material respects with all laws applicable to the condition or operation of the Pilgrim nuclear facility, (the "BEC Nuclear Facility") and BEC has not violated any laws, except for violations that, in the aggregate, do not, and insofar as can reasonably be foreseen, would not, have a BEC Material Adverse Effect. BEC has duly filed all reports and returns required to be filed by it with Governmental Authorities and obtained governmental permits and licenses and other governmental consents which are required in connection with the business of owning and/or operating the BEC Nuclear Facility, the failure of which to file and obtain likely would have a BEC Material Adverse Effect. All such permits, licenses and consents are in full force and effect and no proceedings for the suspension or cancellation of any of them is pending or threatened.
Operations of Nuclear Power Plant. 26 Section 5.13 Code Section 368(a)......................................27 ARTICLE VI
Operations of Nuclear Power Plant. 26 ARTICLE V
Operations of Nuclear Power Plant. The operation of the nuclear generation plant (the "Nuclear Facility") wholly owned by the Company is being conducted in substantial compliance with current laws and regulations governing nuclear plant operations. The Nuclear Facility maintains and is in substantial compliance with emergency evacuation plans as required by the laws and regulations governing nuclear plant operations and as of the date of this Agreement, the storage of spent nuclear fuel and the plans for the decommissioning of the Nuclear Facility substantially conform with the requirements of applicable law.
Operations of Nuclear Power Plant. 16 SECTION 3.21 TXU Europe........................................16
