CNRO-2007-00018, Status of Decommissioning Funding for Plants Operated by Entergy Operations, Inc. for Year Ending December 31, 2006 - 10 CFR 50.75(f)(1)

Status of Decommissioning Funding for Plants Operated by Entergy Operations, Inc. for Year Ending December 31, 2006 - 10 CFR 50.75(f)(1)

ML070940411
Person / Time
Site:	Grand Gulf, Arkansas Nuclear, River Bend, Waterford
Issue date:	03/29/2007
From:	Burford F Entergy Operations
To:	Document Control Desk, NRC/NRR/ADRO
References
CNRO-2007-00018
Download: ML070940411 (17)

Text

Entergy Entergy Operations, Inc.

1340 Echelon Parkway Jackson, Mississippi 39213-8298 Tel 601-368-5758 F. G. Burford Acting Director Nuclear Safety & Licensing CNRO-2007-00018 March 29, 2007 U.S. Nuclear Regulatory Commission Attn: Document Control Desk 11555 Rockville Pike Rockville, MD 20852-2738 (301) 415-7000

SUBJECT:

Status of Decommissioning Funding for Plants Operated by Entergy Operations, Inc.

For Year Ending December 31, 2006 - 10 CFR 50.75(f)(1)

River Bend Station Unit 1 Grand Gulf Nuclear Station Docket No. 50-458 Docket No. 50-416 License No. NPF-47 License No. NPF-29 Arkansas Nuclear One Waterford 3 Steam Electric Units 1 & 2 Station Docket Nos. 50-313 & 50-368 Docket No. 50-382 License Nos. DPR-51 & NPF-6 License No. NPF-38

Dear Sir or Madam:

10 CFR 50.75(f)(1) requires each power reactor licensee to report to the NRC by March 31, 1999, and every two years thereafter, on the status of its decommissioning funding for each reactor, or share of a reactor, that it owns. On behalf of Entergy Arkansas, Inc. for Arkansas Nuclear One (ANO), System Entergy Resources, Inc. (SERI) and South Mississippi Electric Power Association (SMEPA) for Grand Gulf Nuclear Station (GGNS), Entergy Gulf States, Inc. for River Bend Station (RBS) and Entergy Louisiana, LLC for Waterford 3 Steam Electric Station (WF3), Entergy Operations, Inc. hereby submits the information requested for power reactors operated by Entergy Operations, Inc.

The estimated minimum decommissioning fund values were determined using the NRC's methodology in NUREG-1307 Rev 12 dated February 2007.

The information provided in Attachment 1 is based on NRC Regulatory Issue Summary 2001-07.

/DO0

CNRO-2007-00018 Page 2 of 2 This submittal contains no new commitments. Please address any comments or questions regarding this matter to Mr. L. A. England at 601-368-5766.

Sincerely, FGB/LAE/baa Attachments:

1. Entergy Arkansas, Inc. - ANO 1 Status Report 1-A Entergy Arkansas, Inc. - ANO 2 Status Report

2. SERI & SMEPA - GGNS Status Report 2-A. Schedule of Remaining Principle Payments - GGNS 2-B Amendment 3 to Nuclear Decommissioning Trust Fund

3. Entergy Gulf States, Inc. - RBS Status Report - 70% Regulated 3-A Entergy Gulf States, Inc. RBS Status Report - 30% Non-Regulated

4. Entergy Louisiana, LLC - WF3 Status Report 4-A Schedule of Remaining Principle Payments - WF3 4-B Fifth Amendment to Nuclear Decommissioning Trust Fund Agreement cc: (All Below with Attachments)

Mr. T. A. Burke (ECH)

Mr. W. R. Brian (GGNS)

Mr. W. R. Campbell (ECH)

Mr. J. S. Forbes (ECH)

Mr. J. R. McCann (WPO)

Mr. T. G. Mitchell (ANO)

Mr. L. Jager Smith (Wise, Carter)

Mr. J. E. Venable (RBS)

Mr. K. T. Walsh (W-3)

Mr. M. B. Fields, Project Manager, W-3 Dr. B. S. Mallett, Regional Administrator, Region IV Ms. F. E. Saba, Project Manager, ANO Mr. B. K. Vaidya, Project Manager, GGNS, RBS

Attachment 1 ENTERGY ARKANSAS, INC.

Status of Decommissioning Funding For Year Ending December 31, 2006 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 31, 2007 Reactor Name: Arkansas Nuclear One Unit 1 (ANO 1)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2006$): $648.4 million 1

2. Decommissioning Trust Fund Total As of 12/31/06: $240.5 million

3. Annual amounts remaining to be collected: $W2

4. Assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 2.45%3 Rate of Earnings on Decommissioning Funds: Approx. 5.88%3 Authority for use of Real Earnings Over 2%: APSC Order 4

5. Contracts upon which licensee is relying For Decommissioning Funding: None

6. Modifications to Method of Financial Assurance since Last Report: None

7. Material Changes to Trust Agreements: None 1

Without waste vendor disposal factor. This figure is $340.3 million when' the waste vendor disposal factor is used.

2 Decommissioning funding has been suspended pursuant to order of the Arkansas Public Service Commission in Docket No. 87-166-TF. The NRC has granted life extension to 5/2034.

3 Approved in APSC Docket No. 87-166-TF, Order No. 45.

4 APSC Docket No. 87-166-TF, Order Nos. 27, 32, and 41.

Attachment 1-A ENTERGY ARKANSAS, INC.

Status of Decommissioning Funding For Year Ending December 31, 2006 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 31, 2007 Reactor Name: Arkansas Nuclear One Unit 2 (ANO 2)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2006$): $675.2 million 1

2. Decommissioning Fund Total As of 12/31/06: $198.9 million

3. Annual amounts remaining to be collected: $02

4. Assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 2.45%3 Rate of Earnings on Decommissioning Funds: Approx. 6.14%3 Authority for use of Real Earnings Over 2%: APSC Order 4

5. Contracts upon which licensee is relying For Decommissioning Funding: None

6. Modifications to Method of Financial Assurance since Last Report: None

7. Material Changes to Trust Agreements: None 1 Without waste vendor disposal factor. This figure is $354.4 million when the waste vendor disposal factor is used.

2 Decommissioning funding has been suspended pursuant to order of the Arkansas Public Service Commission in Docket No. 87-166-TF. The NRC has granted life extension to 7/2038.

4 Approved in APSC Docket No. 87-166-TF, Order No. 45.

'4 APSC Docket No. 87-166-TF, Order Nos. 27, 32 and 41.

Attachment 2 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2006 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 31, 2007 Reactor Name: Grand Gulf Nuclear Station (Owned & leased 90% by System Energy Resources, Inc (SERI) and 10% by South Mississippi Electric Power Association (SMEPA))

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2006$):

SERI (90% ownership share) $748.5 million 12 SMEPA (10% ownership share) $83.2 million

2. Decommissioning Fund Total as of 12/31/06:

SERI $279.8 million SMEPA $33.8 million

3. Annual amounts remaining to be collected: See Attachment 2-A

4. Assumptions used:

Rate of Escalation of Decommissioning Costs:

SERI 5.5%

SMEPA 4.0%

Rate of Earnings on Decommissioning Funds:

SERI Approx. 6.7%

SMEPA Approx. 10%

Authority for use of Real Earnings Over 2%:

SERI N/A SMEPA SMEPA Board

5. Contracts upon which licensee is relying For Decommissioning Funding: None

6. Modifications to Method of Financial Assurance since Last Report: None

7. Material Changes to Trust Agreements: See Attachment 2-B 1 Without waste vendor disposal factor. This figure is $465.0 million when the waste vendor disposal factor is used.

2 Without waste vendor disposal factor. This figure is $51.7 million when the waste vendor disposal factor is used.

Attachment 2-A Schedule of Remaining Principal Payments into Grand Gulf Nuclear Station Decommissioning Fund

($ Thousands)

SERI Share SMEPA Share Total 2006 $19,550 $14,512 $34,062 2007 $19,550 $ 7,505 $27,055 2008 $19,550 $ 0 Thereafter $19,550 2009 $19,550 $19,550 2010 $19,550 $19,550 2011 $23,785 $23,785 2012 $23,785 $23,785 2013 $23,785 $23,785 2014 $23,785 $23,785 2015 $22,285 $22,285 2016 $24,550 $24,550 2017 $24,550 $24,550 2018 $24,550 $24,550 2019 $24,550 $24,550 2020 $24,550 $24,550 2021 $29,878 $29,878 2022 $17,429 $17,429 2023 $0 Thereafter $0 2024 2025

Attachment 2-B Page 1 of 2 AGREEMIENT BEWM XOUT ,M[SSXSS Z LtCfl1C !OWEF ASSOC[AXION A1 TRUSTMARX NATIONAL BANK, WHEREAS, by a?'eaIet40d ited twentleth'(060 o June 1-990 (the Agmemetnt') the.

Suhmississippi ElectrkIcower. Association (tQ "Grnto?),~ ýa. MSISssipI, ýACýoprtidd establish a NuclearDecohmujIsin't

• g , Fun (the ji't:sý n rvd~fo t aaeet Triac atonl an (he"Tusee) nto6#W banin asoitonalivd-to:'rcis

ýa cor~~rate trust po~~~wers under' the ivofteSaetislip n WHEREIAS.- wider, the taiin&of siAreetthe: Grantor duneeremte itself the rishtto allter or amend Vaitain terms of the Agreemnent, in whole or in part; and' WHERTAS, the Orazlto hW twice modified the ariginal Ageenbyandet that, tookeflfect June 1~,1510,, and )Wbruery 17, 2000. mesectively; and W1BYREa$. The Trus Agreemeont, dated the twcn'titc(0h)oli. 990. i ~Uý seins f~cimin eaofibc*, as mumnded and toacetad implexi~ik those, jMOdfi*60losj NOW T14EREF6RE bytisAedmn umber 3 wtoh ulerDcmm inn Trustf%In xqAgwment theq Gr nton t6"herte.e, intening to be lcahl, bound mutually 8grce that thTrust Agreeti ied~ sflos arsnll 4, AiVtcle W, A., (4),is Mo~ 4td fad itIts (ntiretr-Equity Investkents selected from, hoti.specuative stoiftswhich comprise imajor market indices~

commonly, used inthe investment industry, tx,-witi no~mm nior Q ohif the current market valuieof the total portfolio shall bes bnvwW iiiroks thft mnk eahu f te ollwig:the S&P 500 Large Cap hdei~kthe S&PO40 Mid ap Idex;theR4ssefl 2000 Small Cap de MISC1 EAF thex Internatonl ndx, and the MSCI Emerging Market Index.:7The'total equity:,

comfponen 4*14.ortfolio shall cot exceed 80% of the current q~i9rke value

,of oa otoi.Nompzw ecnae "h will,be, reqid min any stock,

-ctego Iyn andisuffcietfd kversikicaton;shail be raxtiid;'st'aod undue co1 nraini any sigl*idusIý r opa A4 other: provisions. of theTnrit Agreement sojiginlly, executd ýand suwseuently amiended but not expressly modiie kerei, wilcontinue in full Aoc And cfEci%

Attachment 2-B Page 2 of 2 IJN lWITNE$SS WHEREOF this Amnmn ubr3is,signdo hi h day of May 2060.

PUOHSSISSWPPI ELECTRIC 10 AOJ

'COUNT-Y'OF FORREST, PERSONALLY came and aupeae boeMe, tine mdepge au, thit, in andf6t swdý C~nyand State, lanmeA CompItonl wh 8411owedd tom hth sGeea aa f South the ay adPoer sociTinadthtePsigned and delivered h beon insrtimeuto thad metoned as the at adwde of aicoorthaving trst,bendy earein Aithoftriz so t6do nthstep a f 0 onay 0- 2006.

S$TATEOFhf MSSOSItP CQuN'I OFFORREST PERSON4ALLY camei andapparedl Weoem, 'the udlersige uhrt. nadfrs Counly ind Sat, Peiu lLaugh~l, who acn Wldd to nme tjjjhat i ,he a Tstý FisVice- Preijdeg'nAt Qi~er f rusrnak atoa Bank, rin thWW ige dlvrdthe fore-going insruneton'l theiday and y~ek therei mentione 8;6th at nd deeOdofsaid" coprainhv~ingfrtbe uy authorized so to do.;,

m bundr ~~Ol~jpa ofoflie o thiis the L 'day oW May 2006.

Give

- ýoooioazy PubAy SR'*

My~o xire ~ T wjuas~ouE Q M,/ff

Attachment 3 ENTERGY GULF STATES, INC.

Status of Decommissioning Funding For Year Ending December 31, 2006- Pursuant to 10 CFR 50.75(f)(1)

Date: March 31, 2007 Reactor Name: River Bend Station (70% Regulated Interest)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2006$): $568.5 million 1

2. Decommissioning Fund Total As of 12/31/06: $148.7 million

3. Annual amounts remaining to be collected: PUCT - $3,665,000 per year through 2024, plus

$2,443,000 in 2025; none thereafter2

4. Assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 4%3 Rate of Earnings on Decommissioning Funds: Approx. 6.4%4 Authority for use of Real Earnings Over 2%: LPSC, PUCT and FERC Orders 5

5. Contracts upon which licensee is relying For Decommissioning Funding: None

6. Modifications to Method of Financial Assurance since Last Report: None

7. Material Changes to Trust Agreements: None 1 Without waste vendor disposal factor. This figure is $353.2 million when the waste vendor disposal factor is used.

2 Decommissioning funding for the Louisiana jurisdictional share has been suspended pursuant to order of the Louisiana Public Service Commission (LPSC) in Docket Nos. U-22491, U-23358, U-24182, U-24993 and U-25687 dated 12/18/2002. Funding shown is by the Texas jurisdiction.

For this factor, the LPSC has approved approximately 2.5%; the Public Utility Commission of Texas (PUCT) has approved approximately 4.8%, and the FERC has approved approximately 4%. The cited rate is a weighted average based on each jurisdiction's current share of the decommissioning trust funds as of 12/31/06 (33%, 64% and 3%, respectively).

For this factor, the LPSC has approved approximately 5.7%; the PUCT has approved approximately 6.6%;

and the FERC has approved 9%. The cited rate is a weighted average based on each jurisdiction's current share of the decommissioning trust funds as of 12/31/06 (33%, 64% and 3%, respectively).

LPSC Consolidated Dockets Nos. U-22491, U-23358, U-24182, U-24993 and U-25687 dated 12/18/2002; PUCT Order in Docket No. 20150; FERC Order in Docket Nos. ER86-558-002, ER86-558-011 and ER86-558-013.

Attachment 3-A ENTERGY GULF STATES, INC.

Status of Decommissioning Funding For Year Ending December 31, 2006 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 31, 2007 Reactor Name: River Bend Station (30% Non-Regulated Interest)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2006$): $243.6 million 1

2. Decommissioning Fund Total As of 12/31/06: $195.9 million

3. Annual amounts remaining to be collected: $0

4. Assumptions used:

Rate of Escalation of Decommissioning Costs: See next item Rate of Earnings on Decommissioning Funds: Use allowed 2% real rate of return per 10 CFR 50.75(e)(1)(i)

Authority for use of Real Earnings Over 2%: N/A

5. Contracts upon which licensee is relying For Decommissioning Funding: None

6. Modifications to Method of Financial Assurance since Last Report: None

7. Material Changes to Trust Agreements: None 1 Without waste vendor disposal factor. This figure is $151.4 million when the waste vendor disposal factor is used.

Attachment 4 ENTERGY LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2006 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 31, 2007 Reactor Name: Waterford 3 Steam Electric Station

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2006$): $697.6 million 1

2. Decommissioning Fund Total As of 12/31/06: $208.3 million

3. Annual amounts remaining to be collected: See Attachment 4-A

4. Assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 4.08%2 Rate of Earnings on Decommissioning Funds: Approx. 6.2%2 Authority for use of Real Earnings Over 2%: N/A

5. Contracts upon which licensee is relying For Decommissioning Funding: None

6. Modifications to Method of Financial Assurance since Last Report: None

7. Material Changes to Trust Agreements: See Attachment 4-B 1 Without waste vendor disposal factor. This figure is $366.1 million when the waste vendor disposal factor is used.

2 Rates of Escalation and Earnings were approved in LPSC Docket No. U-20925 RRF 2004.

Attachment 4-A Schedule of Remaining Principal Payments into Waterford 3 Decommissioning Fund

($ Thousands) 2007 $2,282 2008 $2,282 2009 $2,282 2010 $2,625 2011 $2,625 2012 $2,625 2013 $2,625 2014 $2,625 2015 $2,929 2016 $2,929 2017 $2,929 2018 $2,929 2019 $2,929 2020 $3,268 2021 $3,268 2022 $3,268 2023 $3,268 2024 $3,268 2025 $3,645 2026 $3,645 2027 $3,645 2028 $3,645 2029 $3,645 2030 $4,066 2031 $4,066 2032 $4,066 2033 $4,066 2034 $4,066 2035 $4,536 2036 $4,536 2037 $4,536 2038 $4,536 2039 $4,536 2040 $5,060 2041 $5,060 2042 $5,060 2043 $5,060 2044 $5,060 2045 $0 Thereafter Note: Approved in LPSC Docket No. U-20925 RRF 2004, includes life extension.

Attachment 4-B Page 1 of 5 FFhAMENDMENT TO NUCL 'EAR DECOMMIJSSIONJNG TRUSTlkFU7N AGREEMENT This Fifth Amendment to Nuclear Decommissioning Trut Agreement- (Fifth.

20605, by and betw'een Amnendment") is made effective as of the 3 1st day of tDecemhbe, ENTERGY LOUISIANA,.LLC, a Texas limited liability company ("Entergy Louisiana"'), and MELLON B3ANK, N.A. (the "Successor Trustee") (Entergy Louisianai

• .andthe SUccessor Trustee being referred to heein co lectively as the Partis")*

WEES, :on Marc h 14, 1989, tL6` Lo isiaaPwe and Light CmAny(t"

'"Company") and First National Bank of Commerce' (the 47rustee") enterdinto ,a

,Nuclear Decommissioning Trust Fund Agreeentl (the.4"Truist Agreement), 'w'hich provided for the establishment and maintenance of a nuclear decommissioning reserve the fund (the "Trust Fund!) to hold and invest revenues collected-by the Company for Stationq(th, decommissioning of,Uniit No. 3 of the Waterford Stta 'Electric Gctnrating "WVaterford 3 Plant")

WHEREAS, s ofgSeptember 28; 1990, in connction wvth the Company's ale

~ ~ fprin lesbc and P fis ownership interest in the Waterford 3 Plant on September-Nuclear 28j,19,89. the Company and Trustee entered into the First'Amendment to amended:the Trust Decommissioning Trust Agreement (the 'First Amendmenqt,.Whch Areet to contin~ue-to provide for the ýadministration, anid fuirther accumulation, of

,monies inthe Trust' Fund; WHfEREAS asiof alarma~ry 1, 1993, the,Company and Mellon Bank, N:A. entered.'

to provide into the Second Amendment to Nuclear DNeommissionin Trust Agreement as Successor Trustee to for the removal of the Trustee and to appoint Mellon Bak:,NA.

the Trust.Agreemnent (the "Second, Amendment);

, ,WHEREAS; .effecUtiveas .of February 1, 1996,te Comany.and tlo-Successor Fund-J Tr.stee entereldintothe third Aiendmnkn to Nuclear Decommissioning Trust to invest trust funsds inn Agreement ("Tird Amendment"), to allow the Successor Trustee (the "Stock fndc,

.the Mellon Jwank Nuclear Decommissioning Trust Stock .ndexFund Fnd"), and to comply with the final Treasury Regulatipni ssoed pursuant to Secion' 468A of the Intem4al Revenue Code of,1986,n, as iamended (the "Code, WHERE'AS, effective April 22 196 Company charge its namet neg Lousania, Inc.: ("EI") and remained 'a Louisiana corpora~tion WHEREAS, effective as of DecIember 17, 2003, theý Company and the Successor Fund Trustee entered into the Fourth Amendment to NuclearDecomimissioning Trust to. comply A.greemecnt ("ourth Amxnndment"), to amenld the Trust Agreement iii order cetai inappicalergqlation of he ular.RegulIato ry Co rri ssi on v~l chnge

'C'NC");,

-, I'....,

Attachment 4-B Page 2 of 5

• WI1.EAS, o0n December 31',005, ELI, conve*tedfrorm a *ouisiana, orppratn.

into: a Texas corporation and ar drw t a mgerby b' division under;which ELI created*

tWqo Tex As limte liabilityl mais~n fwihi ae Ent etg LOuI s~iana, dLC (Entergy Louisian,*'),ansUbstatially

-,, ,:I * - . " I :i .:: _- I " " ELr

" I of all ,, asaets,

• liabilitiei,

. . and

• operations ere'allocated to Entergy Louisiana,

'WHEREAS, with respect to the decoministionfing ef the Waterford 3 Ptak,,

Entergy Louisiana has a beaieficial interest inthe Trust Agreement, as amended, a copyYf which isattached hereto a~s Ex~hibilt "A";

WHEREAS, the P~arties desire,to amend_ the Trust Agreeent to reflect the frgping;.

WHEREAS, Secton '9.110 ofthe Trust Agreement provides that the Trust, Agremet my b 0xenddr moi0 e ~it anOy time upon request of ti-c Cmpny ad WHEREAS, Secio 4AO'd ofteTns~rcnnpoie n mnmn frust Agreement must ,be in writing; NOW, TH EREFORjE,,ini cosdrto of thea for~egoing premises.and foreothei, good and valuable consideration, rte receit.and* suffiiencly of which is theby*

acknowledged, the Parties hereby #aeeaS;follows:

A., The Trus Areent is amniended as follows:.

Wherever the words "Louis*ana Power, and Light Company, a LUuisiana corporat~ion"appear, the s shall bedeleted and replaced with the*words,

.ntergy L.ouisiana,La iteliability company'.

2 Tlis FiftihAmendment shalt bindad shalt.AaUr to the benefit 9f the

• respective .arties and, theitr assigns; transferees, and successors.-

",This Fifth Amienidmeint ,may be eýxec~ut'ed in'one or morer cout: rs `eachof which shallbedeemedan originalbyalowhich tSg erwill vnstitute oqei and the same instnent.

4: . Each Party hereby represents and: w-arrants toitliether that*it has fuilauthority.

to enter into this Fifth, Amendentpon' the termsand ccnditions erefiý-f ad that the individual executing 'theFifth Aniegndient on its behalf has the:

reuisite authority to bin suih PWaty.Y (R emnaider ojfdPge Iýnieýntiznlly Left Blank)

Attachment 4-B Page 3 of 5 114WryNESS WHEREOF, the Pati~es haveexecute~d tiws inisftrumeýt under el so the dte first, above writtein.,

'Authorized Signer of: Autho'ried, Officer of:.

ENTERGY LOUISIANA, LLCý, ,MELLON BANK N.A.,

,as SUCCESSOR TRUSTEE

,aTextas limited flgbflty company Vice. Presid~ent and Treasureir

Title:

, .Vz ..

.Date.:A24 I,* ,

ý

Attachment 4-B Page 4 of 5 ACK1'1nOWLDGMEN'Tt STATE OF TEXAS

ýCOUNTY OF HARRIS'

'On'this .31It day of 6eibr 26005, 'before mue, the undersigned notr

,public, duly commissioned and qualificd in and for the aforesaid juirlsdctibn ,

'personally came and appea'red Steven C. Mc~eal, who being firsIt duly sworn, deposed and said tha~t ap~pearer is,the,V4ic President and Treasurer of hitergy Louisiana, LLC, a Texas limited ll bility. comp~any, that appearreeue n delivered the above and foregoing ,~t fAmendment to the Nuclear Decommnisiioning-Trust Agreeinent as the trpý act and"deed o~f-saiid colpordliun, and thatopae`i.-

thoizeG b th dut' atodo bo rd f drecofs ofthe compauy. a My cmmisionexpires:

q.L(-M M COM~5iam m(p~Ai5 Attachment 4-B Page 5 of 5 AtENOWLEIDGMENT STATE OF4 V s

COUN.TY OF On this ýP day of j!(Ž~*2005, before mie, the undemigned notary public, duly CoMnIissioned and qua fedina ndd fthr ,.aor¢esaidjurisdiction, personally carne and appeared 7IA __who b ing first duly sworn, deposed and said that appearer is the # IA. Pr 'e -, d JOf Mellon Bank, N.A., a national banking association, that appearer executed and deliver habove e and foregoing Fifth Amendmentto the Nuclear Decommissioning Trust Agreement as the true act and deed ofsaid corporation, and that appearer was daly authorized to do so by the board of directors of said national banklng association,.

I 'Note, Public Mly colnYMi~SS10 expires:

COMMONV EL1HOF~PENN5YLVANIA

'SC e 6~~L 5-Y o oa1 coibty a gehnA~gj~~Nge