Common use of Operations of Nuclear Power Plants Clause in Contracts

Operations of Nuclear Power Plants. The operations of the nuclear generation stations owned, in whole or part, by Parent or any Parent Subsidiary (collectively, the “Parent Nuclear Facilities”) are and have been conducted in compliance with all applicable Laws and Permits, except for such failures to comply that would not reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect. Except as would not reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect, (i) each of the Parent Nuclear Facilities maintains, and is in compliance with, emergency plans designed to respond to an unplanned release therefrom of radioactive materials and each such plan conforms with the requirements of applicable Laws, (ii) the plans for the decommissioning of each of the Parent Nuclear Facilities and for the storage of spent nuclear fuel generated or expected to be generated at each Parent Nuclear Facility, in each case, conform with the requirements of applicable Laws, and solely with respect to the portion of the Parent Nuclear Facilities owned, directly or indirectly, by Parent, funded consistent with applicable Laws and (iii) the operations of the Parent Nuclear Facilities are not the subject of any outstanding notices of violation, any ongoing proceeding, heightened or additional inspections above the Nuclear Regulatory Commission (the “NRC”) baseline inspection program or requests for information from the NRC or any other agency with jurisdiction over such facility. As of the date of this Agreement, no Parent Nuclear Facility is listed by the NRC in the Unacceptable Performance column of the NRC Action Matrix, as a part of NRC’s Assessment of Plant Performance. Liability insurance to the full extent required by applicable Law for operating the Parent Nuclear Facilities remains in full force and effect regarding such facilities, except for failures to maintain such insurance in full force and effect that, individually or in the aggregate, have not had and would not reasonably be expected to have a Parent Material Adverse Effect.

Operations of Nuclear Power Plants. The Except as disclosed in the Entergy SEC Reports filed prior to the date of this Agreement or Section 3.02(o) of the Entergy Disclosure Letter, the operations of the nuclear generation stations owned, in whole or part, by Parent Entergy or any Parent Subsidiary its subsidiaries (collectively, the “Parent "Entergy Nuclear Facilities”") are and have been conducted in compliance with all applicable Laws laws and Permits, except for such failures to comply that would not reasonably be expected to havethat, individually or in the aggregate, a Parent Material Adverse Effect. Except as would have not had and could not reasonably be expected to have, individually or in the aggregate, have a Parent Material Adverse Effect, (i) each material adverse effect on Entergy. Each of the Parent Entergy Nuclear Facilities maintains, and is in material compliance with, emergency plans designed to respond to an unplanned release Release (as defined in Section 3.02(n)) therefrom of radioactive materials and each such plan conforms with the requirements of applicable Laws, (ii) the law in all material respects. The plans for the decommissioning of each of the Parent Entergy Nuclear Facilities and for the storage of spent nuclear fuel generated or expected to be generated at each Parent Nuclear Facility, in each case, conform with the requirements of applicable Lawslaw in all material respects and, and solely with respect to the portion of the Parent Entergy Nuclear Facilities owned, directly or of indirectly, by ParentEntergy, are funded consistent with applicable Laws and (iii) the law. The operations of the Parent Entergy Nuclear Facilities are not the subject of any outstanding notices of violation, any ongoing proceeding, heightened or additional inspections above the Nuclear Regulatory Commission (the “NRC”) baseline inspection program violation or requests for information from the NRC or any other agency with jurisdiction over such facility. As of the date of this Agreement, no Parent Nuclear Facility is listed by the NRC except for such notices or requests for information that, individually or in the Unacceptable Performance column of the NRC Action Matrixaggregate, as have not had and could not reasonably be expected to have a part of NRC’s Assessment of Plant Performancematerial adverse effect on Entergy. Liability insurance to the full extent required by applicable Law law for operating the Parent Entergy Nuclear Facilities remains in full force and effect regarding such facilities, except for failures to maintain such insurance in full force and effect that, individually or in the aggregate, have not had and would could not reasonably be expected to have a Parent Material Adverse Effectmaterial adverse effect on Entergy.

Operations of Nuclear Power Plants. The Except as disclosed in the FPL SEC Reports filed prior to the date of this Agreement or Section 3.01(o) of the FPL Disclosure Letter, the operations of the nuclear generation stations owned, in whole or part, by Parent FPL or any Parent Subsidiary its subsidiaries (collectively, the “Parent "FPL Nuclear Facilities”") are and have been conducted in compliance with all applicable Laws laws and Permits, except for such failures to comply that would not reasonably be expected to havethat, individually or in the aggregate, a Parent Material Adverse Effect. Except as would have not had and could not reasonably be expected to have, individually or in the aggregate, have a Parent Material Adverse Effect, (i) each material adverse effect on FPL. Each of the Parent FPL Nuclear Facilities maintains, and is in material compliance with, emergency plans designed to respond to an unplanned release Release (as defined in Section 3.01(n)) therefrom of radioactive materials and each such plan conforms with the requirements of applicable Laws, (ii) the law in all material respects. The plans for the decommissioning of each of the Parent FPL Nuclear Facilities and for the storage of spent nuclear fuel generated or expected to be generated at each Parent Nuclear Facility, in each case, conform with the requirements of applicable Lawslaw in all material respects and, and solely with respect to the portion of the Parent FPL Nuclear Facilities owned, directly or indirectly, by ParentFPL, are funded consistent with applicable Laws and (iii) the law. The operations of the Parent FPL Nuclear Facilities are not the subject of any outstanding notices of violation, any ongoing proceeding, heightened or additional inspections above the Nuclear Regulatory Commission (the “NRC”) baseline inspection program violation or requests for information from the NRC or any other agency with jurisdiction over such facility. As of the date of this Agreement, no Parent Nuclear Facility is listed by the NRC except for such notices or requests for information that, individually or in the Unacceptable Performance column of the NRC Action Matrixaggregate, as have not had and could not reasonably be expected to have a part of NRC’s Assessment of Plant Performancematerial adverse effect on FPL. Liability insurance to the full extent required by applicable Law law for operating the Parent FPL Nuclear Facilities remains in full force and effect regarding such facilities, except for failures to maintain such insurance in full force and effect that, individually or in the aggregate, have not had and would could not reasonably be expected to have a Parent Material Adverse Effectmaterial adverse effect on FPL.