View source for L-23-014, ISFSI, Davis-Besse, Unit 1, and ISFSI, Surry, Unit 1, and ISFSI, Redacted Amended and Restated Voting Agreement

{{Adams
| number = ML23025A362
| issue date = 01/25/2023
| title = ISFSI, Davis-Besse, Unit 1, and ISFSI, Surry, Unit 1, and ISFSI, Redacted Amended and Restated Voting Agreement
| author name = Bulnuzian S, Cohen S
| author affiliation = Energy Harbor Corp, Nuveen Asset Management, LLC
| addressee name = 
| addressee affiliation = NRC/NMSS, NRC/NRR
| docket = 05000334, 05000412, 07201043, 05000346, 07200014, 05000440, 07200069
| license number = DPR-066, NPF-073, NPF-003, NPF-058
| contact person = 
| case reference number = L-23-014
| package number = ML23025A360
| document type = Legal-Stipulation/Agreement
| page count = 1
}}

=Text=
{{#Wiki_filter:Attachment 1 L-23-014 Redacted Amended and Restated Voting Agreement (8 pages follow) 

DB1/ 134870701.3 ENERGY HARBOR CORP.
AMENDED AND RESTATED VOTING AGREEMENT This AMENDED AND RESTATED VOTING AGREEMENT (this Agreement) is made as of the 23rd day of January, 2023, by and between Energy Harbor Corp., a Delaware corporation (the Company) and Nuveen Asset Management, LLC (together with the funds and investment accounts it manages, Nuveen).
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first set forth above.
ENERGY HARBOR CORP.
By: Nkb

==Title:==
&#xa3;VP NUVEEN ASSET MANAGEMENT, LLC By:
Name:

==Title:==
[Signature Page to Amended & Restated Voting Agreement]
D81/ 134870701 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first set forth above.
DBl/ 134870701 ENERGY HARBOR CORP.
By:
Name:

==Title:==
NUVEEN ASSET MANAGEMENT, LLC By:
Name:

==Title:==
STUART J. COHEN MANAGING DIRECTOR LEGAL DEPARTMENT
[Signature Page to Amended & Restated Voting Agreement} 

DB1/ 134870701.3 L-23-014 Nuveen Asset Management, LLC Affidavit (2 pages follow) 

10CFR2.390 AFFIDAVIT OF STUART COHEN I, Stuart Cohen, Managing Director and Head of Legal, Nuveen Asset Management, LLC, state that:
: l.
I am authorized to execute this affidavit on behalf ofNuveen Asset Management, LLC (together with the funds and investment accounts it manages, "Nuveen").
: 2.
Nuveen is providing information in support of the "Request for Threshold Determination,"
submitted before the Nuclear Regulatory Commission (the "NRC"), in regard to the exercise of the voting power of the issued and outstanding shares of voting stock of Energy Harbor Corp. held by Nuveen. Energy Harbor Corp. is the ultimate parent company of NRC licensees Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC (together, the "Licensees"). The document subject to this affidavit is the "Amended and Restated Voting Agreement", executed the [*]of December, 2022, by and between Energy Harbor Corp., and Nuveen (the "'A&R Voting Agreement"). The A&R Voting Agreement constitutes proprietary commercial and financial information that should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4), because, to the best of my knowledge and belief:
: a. The A&R Voting Agreement is and has been held in confidence-by Nuveen and its affiliates.
: b. The A&R Voting Agreement is of the type that is held in ~onfidence by Nuveen and its affiliates, and there is a rational basis for doing so because the information contained in the..
document consists of highly sensitive and confidential commercial terms, and commercial and financial information. Public disclosure of this information could hamper the parties' negotiating positions in future transactions.
: c. This information is being transmitted to the NRC in confidence.
: d. This information is not available from public sources and could not be gathered readily from other public sources.
: e.
Public disclosure of this infonnation would create substantial hann to competitive position of Nuveen in this transaction or future transactions of the same or similar nature in disclosing Nuveen's internal positions and policies related to such transactions with other parties who may be adverse to the commercial interests of Nuveen.
: 3.
Accordingly, Nuveen requests that the above identified A&R Voting Agreement be withheld from public disclosure pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 9.17(a)(4).
Nuveen Asset Management, LLC Stuart Cohen Managing Director and Head of Legal Notary, next page. 

Notary:
10CFR2.390 AFFIDAVIT OF STUART COHEN State of /L-
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County of c~_-__ _ 
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Subscribed and sworn to me, a Notary Public, in and for the County and State above named, this *_Ol.)_ ', day oflanuary,2023. 
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L.
AYANNA GREEN Official Seal Notary Public - State of lllinols My Commission Expires May 4, 2024 My Commission Expires IU.<1UJ: <fi cl() 61-'t}}