Common use of Operations of Nuclear Power Plant Clause in Contracts

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.