CNRO-2009-00005, Units 1 & 2 and Grand Gulf - Status of Decommissioning Funding for 2008: Difference between revisions

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{{#Wiki_filter:*Entergy Entergy Operations, Inc.Entergy Nuclear Operations, Inc.440 Hamilton Avenue White Plains, New York 10601 John F. McCann Director Nuclear Safety & Licensing CNRO-2009-00005 March 30, 2009 U.S. Nuclear Regulatory Commission Attn: Document Control Desk 11555 Rockville Pike Rockville, MD 20852-2738 (301) 415-7000  
{{#Wiki_filter:Entergy Operations, Inc.
*Entergy                                                                        Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, New York 10601 John F. McCann Director Nuclear Safety & Licensing CNRO-2009-00005 March 30, 2009 U.S. Nuclear Regulatory Commission Attn: Document Control Desk 11555 Rockville Pike Rockville, MD 20852-2738 (301) 415-7000


==SUBJECT:==
==SUBJECT:==
Status of Decommissioning Funding for Plants Operated by Entergy Operations, Inc.For Year Ending December 31, 2008 -10 CFR50.75(f)(1)
Status of Decommissioning Funding for Plants Operated by Entergy Operations, Inc.
River Bend Station Unit 1 Docket No. 50-458 License No. NPF-47 Arkansas Nuclear One Units 1 & 2 Docket Nos. 50-313 & 50-368 License Nos, DPR-51 & NPF-6 Grand Gulf Nuclear Station., Docket No. 50-416 License No. NPF-29 Waterford 3 Steam Electric'Station Docket No. 50-382 License No. NPF-38  
For Year Ending December 31, 2008 - 10 CFR50.75(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:==
==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 :Incý.: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 13.The information provided in Attachment 1 is based on NRC Regulatory Issue Summary 2001-07.Aoo!"&a^
 
CNRO-2000-00005 Page 2 of 2 This submittal contains no new commitments.
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 :Incý.: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.
Please address any comments or questions regarding this matter to Mr. L. A. England at 601-368-5766.
The estimated minimum decommissioning fund values'were determined using the NRC's methodology in NUREG`1307 Rev 13.
The information provided in Attachment 1 is based on NRC Regulatory Issue Summary 2001-07.
Aoo!
                                                                                                        "&a^
 
CNRO-2000-00005 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, JFM/BSF/LAE Attachments:
Sincerely, JFM/BSF/LAE 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 3. Entergy Gulf States, Inc. -RBS Status Report -70% Regulated 3-A Entergy Gulf States, Inc. RBS Status Report -30% Non-Regulated 3-B Fifth Amendment to Nuclear Decommissioning Trust Fund Agreement (EGSI)3-C Second Amendment to Nuclear Decommissioning Trust Fund Agreement (Cajun)4. Entergy Louisiana, LLC -WF3 Status Report 4-A Schedule of Remaining Principle Payments -WF3 cc: (All Below with Attachments)
: 1. Entergy Arkansas, Inc. - ANO 1 Status Report 1-A Entergy Arkansas, Inc. - ANO 2 Status Report
Mr. T. A. Burke (ECH)Mr. W. R. Brian (ECH)Ms. W. F. Curry (ECH)Mr. J. R. Douet (GGNS)Mr. J. S. Forbes (ECH)Mr. J. A. Kowalewski (W3)Mr. J. R. McCann (WPO)Mr. T. G. Mitchell (ECH)Mr. M. Perito (RBS)Mr. L. Jager Smith (Wise, Carter)Mr. K. T. Walsh (ANO)Dr. E. E. Collins, Regional Administrator, Region IV Mr. C. F. Lyons, Project Manager, GGNS, RBS Mr. N. Kalyanam, Project Manager, W-3 Ms. A. B. Wang, Project Manager, ANO CNRO 2009-00005 Attachment 1 ENTERGY ARKANSAS, INC.Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
: 2. SERI & SMEPA - GGNS Status Report 2-A. Schedule of Remaining Principle Payments - GGNS
Date: March 30, 2009 Reactor Name: Arkansas Nuclear One Unit 1 (ANO 1)1. Minimum Financial Assurance (MFA)Estimated per 10 CFR 50.75(b) and (c) (2008$): 2. Decommissioning Trust Fund Total As of 12/31/08: 3. Decommissioning Trust Fund escalated with 2%annual growth to the midpoint of decommissioning based on the operating license of May 2034: 4. Annual amounts remaining to be collected:
: 3. Entergy Gulf States, Inc. - RBS Status Report - 70% Regulated 3-A Entergy Gulf States, Inc. RBS Status Report - 30% Non-Regulated 3-B Fifth Amendment to Nuclear Decommissioning Trust Fund Agreement (EGSI) 3-C Second Amendment to Nuclear Decommissioning Trust Fund Agreement (Cajun)
: 5. Regulatory assumptions used: Rate of Escalation of Decommissioning Costs: Rate of Earnings on Decommissioning Funds: Authority for use of Real Earnings Over 2%: 6. Contracts upon which licensee is relying For Decommissioning Funding: 7. Modifications to Method of Financial Assurance since Last Report: 8. Material Changes to Trust Agreements:
: 4. Entergy Louisiana, LLC - WF3 Status Report 4-A Schedule of Remaining Principle Payments - WF3 cc:     (All Below with Attachments)
$372.3 million$218.1 million$387.3 million$01 Approx. 2.58%2 Approx. 5.79%3 APSC Order 3 None None None 1 Decommissioning funding has been suspended pursuant to order ofthe Arkansas Public Service Commission in Docket No. 87-166-TF.
Mr. T. A. Burke (ECH)
The NRC has granted life extension to 5/2034.2 Approved in APSC Docket No. 87-166-TF, Order No. 47.3 APSC Docket No. 87-166-TF, Order Nos. 27, 32, and 41.
Mr. W. R. Brian (ECH)
CNRO 2009-00005 Attachment 1-A ENTERGY ARKANSAS, INC.Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
Ms. W. F. Curry (ECH)
Date: March 30, 2009 Reactor Name: Arkansas Nuclear One Unit 2 (ANO 2)1. Minimum Financial Assurance (MFA)Estimated per 10 CFR 50.75(b) and (c) (2008$): 2. Decommissioning Fund Total As of 12/31/08: 3. Decommissioning Trust Fund escalated with 2%annual growth to the midpoint of decommissioning based on the operating license of July 2038: 4. Annual amounts remaining to be collected:
Mr. J. R. Douet (GGNS)
$387.7 million$172.4 million$331.4 million$01 5. Regulatory assumptions used: Rate of Escalation of Decommissioning Costs: Rate of Earnings on Decommissioning Funds: Authority for use of Real Earnings Over 2%: 6. Contracts upon which licensee is relying For Decommissioning Funding: 7. Modifications to Method of Financial Assurance since Last Report: 8. Material Changes to Trust Agreements:
Mr. J. S. Forbes (ECH)
Approx. 2.58%2 Approx. 6.09%ýAPSC Order 3 None None None 1 Decommissioning funding has been suspended pursuant to order of the Arkansas Public Service Commission in Docket No. 87-166-TF.
Mr. J. A. Kowalewski (W3)
The NRC has granted life extension to 7/2038.3 Approved in APSC Docket No. 87-166-TF, Order No. 47.3 APSC Docket No. 87-166-TF, Order Nos. 27, 32 and 41.
Mr. J. R. McCann (WPO)
CNRO 2009-00005 Attachment 2 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
Mr. T. G. Mitchell (ECH)
Date: March 30, 2009 Reactor Name: Grand Gulf Station (Owned & leased 90% by System Energy Resources, Inc (SERI) and 10% by South Mississippi Electric Power Association (SMEPA))1. Minimum Financial Assurance (MFA)Estimated per 10 CFR 50.75(b) and (c) (2008$): SERI (90% ownership share)SMEPA (10% ownership share)2. Decommissioning Fund Total as of 12/31/08: SERI SMEPA 3. Decommissioning Trust Fund and future collections escalated with 2% annuAl growth to the midpoint of decommissioning based on the operating license of SERI SMEPA 4. Decommissioning Trust Fund and future collections escalated with 2% annual growth to the midpoint of ,decommissioning with 20 year license renewal: SERI SMEPA 5. Annual amounts remaining to be collected:
Mr. M. Perito (RBS)
: 6. Regulatory assumptions used: Rate of Escalation of Decommissioning Costs: SERI SMEPA$499.1 million$55.5 million$267.2 million$29.7 million Nov 2024:$799.3 million$43.3 million$1,187.7 million$64.3 million See Attachment 2-A 5.5%1 4.0%1 Approved by FERC in Docket No. ER95-1042.
Mr. L. Jager Smith (Wise, Carter)
CNRO 2009-00005 Attachment 2 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
Mr. K. T. Walsh (ANO)
Reactor Name: Grand Gulf Station (Owned & leased 90% by System Energy Resources, Inc (SERI) and 10% by South Mississippi Electric Power Association (SMEPA))Rate of Earnings on Decommissioning Funds: SERI SMEPA Authority for use of Real Earnings Over 2%: SERI SMEPA 7. Contracts upon which licensee is relying For Decommissioning Funding: 8. Modifications to Method of Financial Assurance since Last Report: 9. Material Changes to Trust Agreements:
Dr. E. E. Collins, Regional Administrator, Region IV Mr. C. F. Lyons, Project Manager, GGNS, RBS Mr. N. Kalyanam, Project Manager, W-3 Ms. A. B. Wang, Project Manager, ANO
Approx. 6.7%1 Approx. 10%N/A SMEPA Board None None None CNRO 2009-00005 Attachment 2-A Schedule of Remaining Principal Payments into Grand Gulf Decommissioning Fund ($ Thousands)
 
SERI Share SMEPA Share Total 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025$19,550$19,550$23,785$23,785$23,785$23,785$22,285$24,550$24,550$24,550$24,550$24,550$29,878$17,429$0 Thereafter
CNRO 2009-00005 ENTERGY ARKANSAS, INC.
$0 Thereafter
Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
$19,550$19,550$23,785$23,785$23,785$23,785$22,285$24,550$24,550$24,550$24,550$24,550$29,878$17,429$0 Thereafter CNRO 2009-00005 Attachment 3 ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
Date: March 30, 2009 Reactor Name: Arkansas Nuclear One Unit 1 (ANO 1)
Date: March 30, 2009 Reactor Name: River Bend Station (70% Regulated Interest)1. Minimum Financial Assurance (MFA)Estimated per 10 CFR 50.75(b) and (c) (2008$): 2. Decommissioning Fund Total As of 12/31/08: 3. Decommissioning Trust Fund and future collections escalated with 2% annual growth to the midpoint of decommissioning based on the operating license of Aug 2025: 4. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning with 20 year license renewal: 5. Annual amounts remaining to be collected:
: 1. Minimum Financial Assurance (MFA)
PUCT and$113,000 from 2010 through 20241 6. Regulatory assumptions used: Rate of Escalation of Decommissioning Costs: Rate of Earnings on Decommissioning Funds: Authority for use of Real Earnings Over 2%:$379.1 million$133.1 million$201.1 million$298.6 million FERC- $724,000 in 2009 and FERC -Approx. 4.1%2 Approx. 6.4%3 LPSC, PUCT and FERC Orders 4 Decommissioning funding for the Louisiana jurisdictional share has been suspended pursuant to order of the Louisiana Public Service Commission (LPSC) in Docket Nos. U-22491, U-23358, U-24182, U-24993 and U-25687 dated 12/18/2002.
Estimated per 10 CFR 50.75(b) and (c) (2008$):         $372.3 million
Funding for the Texas jurisdictional share was 2 suspended in March 2009 pursuant to Order of the Public Utility Commission of Texas.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 12/31/08 (30%, 67% and 3%, respectively).
: 2. Decommissioning Trust Fund Total As of 12/31/08:                                        $218.1 million
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 12/31/08 (30%, 67% and 3%, respectively).
: 3. Decommissioning Trust Fund escalated with 2%
annual growth to the midpoint of decommissioning based on the operating license of May 2034:            $387.3 million
: 4. Annual amounts remaining to be collected:               $01
: 5. Regulatory assumptions used:
Rate of Escalation of Decommissioning Costs:           Approx. 2.58%2 Rate of Earnings on Decommissioning Funds:             Approx. 5.79%3 Authority for use of Real Earnings Over 2%:            APSC Order 3
: 6. Contracts upon which licensee is relying For Decommissioning Funding:                            None
: 7. Modifications to Method of Financial Assurance since Last Report:                            None
: 8. Material Changes to Trust Agreements:                   None 1    Decommissioning funding has been suspended pursuant to order ofthe Arkansas Public Service Commission in Docket No. 87-166-TF. The NRC has granted life extension to 5/2034.
2   Approved in APSC Docket No. 87-166-TF, Order No. 47.
3   APSC Docket No. 87-166-TF, Order Nos. 27, 32, and 41.
 
CNRO 2009-00005 -A ENTERGY ARKANSAS, INC.
Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
Date: March 30, 2009 Reactor Name: Arkansas Nuclear One Unit 2 (ANO 2)
: 1. Minimum Financial Assurance (MFA)
Estimated per 10 CFR 50.75(b) and (c) (2008$):         $387.7 million
: 2. Decommissioning Fund Total As of 12/31/08:                                        $172.4 million
: 3. Decommissioning Trust Fund escalated with 2%
annual growth to the midpoint of decommissioning based on the operating license of July 2038:            $331.4 million
: 4. Annual amounts remaining to be collected:               $01
: 5. Regulatory assumptions used:
Rate of Escalation of Decommissioning Costs:           Approx. 2.58%2 Rate of Earnings on Decommissioning Funds:             Approx. 6.09%ý Authority for use of Real Earnings Over 2%:            APSC Order 3
: 6. Contracts upon which licensee is relying For Decommissioning Funding:                            None
: 7. Modifications to Method of Financial Assurance since Last Report:                            None
: 8. Material Changes to Trust Agreements:                   None 1    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.
3   Approved in APSC Docket No. 87-166-TF, Order No. 47.
3   APSC Docket No. 87-166-TF, Order Nos. 27, 32 and 41.
 
CNRO 2009-00005 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
Date: March 30, 2009 Reactor Name: Grand Gulf 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) (2008$):
SERI (90% ownership share)                           $499.1 million SMEPA (10% ownership share)                         $55.5 million
: 2. Decommissioning Fund Total as of 12/31/08:
SERI                                                 $267.2 million SMEPA                                               $29.7 million
: 3. Decommissioning Trust Fund and future collections escalated with 2% annuAl growth to the midpoint of decommissioning based on the operating license of Nov 2024:
SERI                                                 $799.3 million SMEPA                                               $43.3 million
: 4. Decommissioning Trust Fund and future collections escalated with 2% annual growth to the midpoint of
  ,decommissioning with 20 year license renewal:
SERI                                                 $1,187.7 million SMEPA                                               $64.3 million
: 5. Annual amounts remaining to be collected:             See Attachment 2-A
: 6. Regulatory assumptions used:
Rate of Escalation of Decommissioning Costs:
SERI                                                 5.5%1 SMEPA                                               4.0%
1   Approved by FERC in Docket No. ER95-1042.
 
CNRO 2009-00005 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
Reactor Name: Grand Gulf Station (Owned & leased 90% by System Energy Resources, Inc (SERI) and 10% by South Mississippi Electric Power Association (SMEPA))
Rate of Earnings on Decommissioning Funds:
SERI                                                  Approx. 6.7%1 SMEPA                                                Approx. 10%
Authority for use of Real Earnings Over 2%:          N/A SERI SMEPA                                                SMEPA Board
: 7. Contracts upon which licensee is relying For Decommissioning Funding:                          None
: 8. Modifications to Method of Financial Assurance since Last Report:                          None
: 9. Material Changes to Trust Agreements:                None
 
CNRO 2009-00005 -A Schedule of Remaining Principal Payments into Grand Gulf Decommissioning Fund
($ Thousands)
SERI Share        SMEPA Share            Total 2009        $19,550      $0 Thereafter          $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 Thereafter 2024 2025
 
CNRO 2009-00005 ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
Date: March 30, 2009 Reactor Name:        River Bend Station (70% Regulated Interest)
: 1. Minimum Financial Assurance (MFA)
Estimated per 10 CFR 50.75(b) and (c) (2008$):              $379.1 million
: 2. Decommissioning Fund Total As of 12/31/08:                                              $133.1 million
: 3. Decommissioning Trust Fund and future collections escalated with 2% annual growth to the midpoint of decommissioning based on the operating license of Aug 2025:                                                $201.1 million
: 4. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning with 20 year license renewal:                               $298.6 million
: 5. Annual amounts remaining to be collected: PUCT and FERC- $724,000 in 2009 and FERC -
    $113,000 from 2010 through 20241
: 6. Regulatory assumptions used:
Rate of Escalation of Decommissioning Costs:                 Approx. 4.1%2 Rate of Earnings on Decommissioning Funds:                  Approx. 6.4%3 4
Authority for use of Real Earnings Over 2%:                 LPSC, PUCT and FERC Orders 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 for the Texas jurisdictional share was 2    suspended in March 2009 pursuant to Order of the Public Utility Commission of Texas.
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 12/31/08 (30%, 67% 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 12/31/08 (30%, 67% and 3%,
respectively).
LPSC Consolidated Dockets Nos. U-22491, U-23358, U-24182, U-24993 and U-25687; PUCT Order in Docket No. 20150; FERC Order in Docket Nos. ER86-558-002, ER86-558-011 and ER86-558-013.
LPSC Consolidated Dockets Nos. U-22491, U-23358, U-24182, U-24993 and U-25687; PUCT Order in Docket No. 20150; FERC Order in Docket Nos. ER86-558-002, ER86-558-011 and ER86-558-013.
CNRO 2009-00005 Attachment 3 ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
 
Reactor Name: River Bend Station (70% Regulated Interest)7. Contracts upon which licensee is relying For Decommissioning Funding: None 8. Modifications to Method of Financial Assurance since Last Report: None 9. Material Changes to Trust Agreements:
CNRO 2009-00005 ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
See Attachment 3-13 CNRO 2009-00005 Attachment 3-A ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
Reactor Name:     River Bend Station (70% Regulated Interest)
Date: March 30, 2009 Reactor Name: River Bend Station (30% Non-Regulated Interest)1. Minimum Financial Assurance (MFA)Estimated per 10 CFR 50.75(b) and (c) (2008$): 2. Decommissioning Fund Total As of 12/31/08: 3. Decommissioning Trust Fund escalated with 2%annual growth to the midpoint of decommissioning based on the operating license of Aug 2025: 4. Decommissioning Trust Fund escalated with 2%annual growth to the midpoint of decommissioning with 20 year license renewal: 5. Annual amounts remaining to be collected:
: 7. Contracts upon which licensee is relying For Decommissioning Funding:                         None
: 6. Assumptions used: Rate of Escalation of Decommissioning Costs: Rate of Earnings on Decommissioning Funds: Authority for use of Real Earnings Over 2%: 7. Contracts upon which licensee is- relying For Decommissioning Funding: 8. Modifications to Method of Financial Assurance since Last Report: 9. Material Changes to Trust Agreements:
: 8. Modifications to Method of Financial Assurance since Last Report:                         None
$162.5 million$169.8 million$252.3 million$374.9 million$0 See next item Use allowed 2% real rate of return per 10 CFR 50.75(e)(1)(i)
: 9. Material Changes to Trust Agreements:               See Attachment 3-13
N/A None None See Attachment 3-C CNRO-2009-00005 Attachment 3-B FIFTH AMENDMENT TO DECOMMISSIONING TRUST FUND AGREEMENT This Fifth Amendment to Decommissioning Trust Agreement
 
("Fifth Amendment")
CNRO 2009-00005 -A ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
is made, effective as of the 3 1"t day of December, 2007, by and between Entergy Gulf States Louisiana, LLC ("the Company")
Date: March 30, 2009 Reactor Name:     River Bend Station (30% Non-Regulated Interest)
and Mellon Bank, N.A. (the "Successor Trustee").
: 1. Minimum Financial Assurance (MFA)
WHEREAS, on March 15, 1989, Gulf States Utilities Company ("GSU") and Morgan Guaranty Trust Company of New York (the "Trustee")
Estimated per 10 CFR 50.75(b) and (c) (2008$):        $162.5 million
entered into a Decommissioning Trust Agreement (the "Trust Agreement")
: 2. Decommissioning Fund Total As of 12/31/08:                                      $169.8 million
which provided for the establishment and maintenance of a nuclear decommissioning reserve fund (the "Trust Fund") to hold and invest revenues collected by the Company for the decommissioning of Unit No. I of the River Bend Steam Electric Generating Station ("River Bend Unit No. 1"); and WHEREAS, as of April 8, 1992, in connection with the promulgation of certain rules by the Public Utility Commission of Texas applicable to the investment or reinvestment of funds held under the Trust Agreement, GSU and Trustee entered into Amendment No. 1 to Decommissioning Trust Agreement (the "First Amendment"), adding Section 2.11 ("Additional Regulatory Requirement")
: 3. Decommissioning Trust Fund escalated with 2%
to the Trust Agreement; and WHEREAS, as of November 1, 1995, in connection with the appointment of Mellon Bank, N.A. as Successor Trustee, GSU and Successor Trustee entered into the Second Amendment to Decommissioning Trust Agreement (the "Second Amendment");
annual growth to the midpoint of decommissioning based on the operating license of Aug 2025:           $252.3 million
and WHEREAS, GSU changed its name to Entergy Gulf States, Inc. ("EGSI');
: 4. Decommissioning Trust Fund escalated with 2%
and WHEREAS, effective as of March 5, 1998, in connection with the promulgation of certain rules by the Public Utility Commission of Texas, EGSI and the Successor Trustee entered into the Third Amendment to Decommissioning Trust Agreement
annual growth to the midpoint of decommissioning with 20 year license renewal:                        $374.9 million
("Third Amendment");
: 5. Annual amounts remaining to be collected:             $0
and WHEREAS, effective as of December 17, 2003, EGSI and Successor Trustee entered into the Fourth Amendment to Decommissioning Trust Agreement
: 6. Assumptions used:
("Fourth Amendment")
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)
in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission
Authority for use of Real Earnings Over 2%:          N/A
("NRC"); and WHEREAS, the Company hereby represents to Successor Trustee that: A. On December 31, 2007, EGSI implemented a joint separation plan, pursuant to which, among other things, EGSI implemented a merger by division that allocated less than half of its assets, but substantially all of its Texas assets and certain other assets, to a new Texas entity, Entergy Texas, Inc. ("ETI") while retaining substantially all of its Louisiana assets, including River Bend Unit No. 1; EGSI distributed the stock of ETI to its parent, Entergy Corporation
: 7. Contracts upon which licensee is- relying For Decommissioning Funding:                          None
("Entergy"), Entergy distributed the stock of EGSI to a new Texas subsidiary, EGS Holdings, Inc. ("EGSH");
: 8. Modifications to Method of Financial Assurance since Last Report:                          None
and EGSI merged into the Company, a newly formed Louisiana limited liability company. The Company is an indirect subsidiary of Entergy and is a regulated CNRO-2009-00005 Attachment 3-B public utility engaged in the generation, transmission and distribution of electricity to wholesale and retail customers in certain parishes in the State of Louisiana.
: 9. Material Changes to Trust Agreements:                 See Attachment 3-C
B. It was and is intended that the merger of EGSI into the Company qualify as a tax-free reorganization under IRC Section 368(a)(1) (F). Pursuant to Treas. Reg. section 301.7701-3, the Company has elected to be classified as a corporation for federal income tax purposes.WHEREAS, Section 2.08 of the Trust Agreement authorizes the Company with the consent of the Trustee to make amendments to the Trust Agreement from time to time to effectuate the purposes of the Trust Agreement; and WHEREAS, each party hereby warrants and represents to the other that it has full authority to enter into this Fifth Amendment upon the terms and condition hereof and that the individual executing this Fifth Amendment on its behalf has the requisite authority to bind the respective party to the Amendment.
 
NOW, THEREFORE, the Company and Successor Trustee agree as follows: 1. The representations set forth above are incorporated herein by the reference thereto.2. Pursuant to the merger of EGSI into the Company on December 31, 2007, the Company succeeded EGSI under the Agreement and has the same rights and responsibilities that EGSI previously had under the Agreement.
CNRO-2009-00005 -B FIFTH AMENDMENT TO DECOMMISSIONING TRUST FUND AGREEMENT This Fifth Amendment to Decommissioning Trust Agreement ("Fifth Amendment") is made, effective as of the 3 1 "tday of December, 2007, by and between Entergy Gulf States Louisiana, LLC ("the Company") and Mellon Bank, N.A. (the "Successor Trustee").
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof Authorized Signer of Authorized Signer of MELLON BANK, N.A. Entergy Gulf States Louisiana, LLC By: By: ____ _ _Name: ____"__"___._____.__
WHEREAS, on March 15, 1989, Gulf States Utilities Company ("GSU") and Morgan Guaranty Trust Company of New York (the "Trustee") entered into a Decommissioning Trust Agreement (the "Trust Agreement") which provided for the establishment and maintenance of a nuclear decommissioning reserve fund (the "Trust Fund") to hold and invest revenues collected by the Company for the decommissioning of Unit No. I of the River Bend Steam Electric Generating Station ("River Bend Unit No. 1"); and WHEREAS, as of April 8, 1992, in connection with the promulgation of certain rules by the Public Utility Commission of Texas applicable to the investment or reinvestment of funds held under the Trust Agreement, GSU and Trustee entered into Amendment No. 1 to Decommissioning Trust Agreement (the "First Amendment"), adding Section 2.11 ("Additional Regulatory Requirement") to the Trust Agreement; and WHEREAS, as of November 1, 1995, in connection with the appointment of Mellon Bank, N.A. as Successor Trustee, GSU and Successor Trustee entered into the Second Amendment to Decommissioning Trust Agreement (the "Second Amendment"); and WHEREAS, GSU changed its name to Entergy Gulf States, Inc. ("EGSI'); and WHEREAS, effective as of March 5, 1998, in connection with the promulgation of certain rules by the Public Utility Commission of Texas, EGSI and the Successor Trustee entered into the Third Amendment to Decommissioning Trust Agreement ("Third Amendment"); and WHEREAS, effective as of December 17, 2003, EGSI and Successor Trustee entered into the Fourth Amendment to Decommissioning Trust Agreement ("Fourth Amendment") in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission ("NRC"); and WHEREAS, the Company hereby represents to Successor Trustee that:
Name: Steven C. McNeal Title: .,ff Title: Vice President and Treasurer 2 CNRO 2009-00005 Attachment 3-C SECOND AMENDMENT TO DECOMMISSIONING TRUST AGREEMENT This Second Amendment to DECOMMISSIONING TRUST AGREEMENT (the Amendment")
A.     On December 31, 2007, EGSI implemented a joint separation plan, pursuant to which, among other things, EGSI implemented a merger by division that allocated less than half of its assets, but substantially all of its Texas assets and certain other assets, to a new Texas entity, Entergy Texas, Inc. ("ETI") while retaining substantially all of its Louisiana assets, including River Bend Unit No. 1; EGSI distributed the stock of ETI to its parent, Entergy Corporation ("Entergy"), Entergy distributed the stock of EGSI to a new Texas subsidiary, EGS Holdings, Inc. ("EGSH"); and EGSI merged into the Company, a newly formed Louisiana limited liability company. The Company is an indirect subsidiary of Entergy and is a regulated
is entered into as of this 31st day of December , 2007, by and between'CAJUN ELECTRIC POWER COOPERATIVE, INC., an electric cooperative corporation organized under the laws of the State of Louisiana, (the "Settlor"), and MELLON BANK, N.A., as Trustee (the "Trustee"), a national banking association having trust powers.WHEREAS, the Settlor and the Trustee have entered into a Decommissioning Trust Agreement dated as of December 23, 1997 (the "Agreement")
 
relating to Settlor's 30% interest in River Bend Nuclear Generating Unit I;WHEREAS, the Settlor has entered into a settlement agreement (the "Settlement Agreement")
CNRO-2009-00005 -B public utility engaged in the generation, transmission and distribution of electricity to wholesale and retail customers in certain parishes in the State of Louisiana.
with Entergy Gulf States, Inc. ("EGSI") and the Rural Utilities Services of the United States Department of Agriculture
B.     It was and is intended that the merger of EGSI into the Company qualify as a tax-free reorganization under IRC Section 368(a)(1) (F). Pursuant to Treas. Reg. section 301.7701-3, the Company has elected to be classified as a corporation for federal income tax purposes.
("RUS");WHEREAS, EGSI acquired Settlor's 30% interest in the River Bend Nuclear Generating Unit I;WHEREAS, on December 23, 2003, the Settlor and the Trustee entered into the First Amendment to the Agreement, in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission
WHEREAS, Section 2.08 of the Trust Agreement authorizes the Company with the consent of the Trustee to make amendments to the Trust Agreement from time to time to effectuate the purposes of the Trust Agreement; and WHEREAS, each party hereby warrants and represents to the other that it has full authority to enter into this Fifth Amendment upon the terms and condition hereof and that the individual executing this Fifth Amendment on its behalf has the requisite authority to bind the respective party to the Amendment.
("NRC");WHEREAS, Section 9.1 of the Agreement provides that the Agreement cannot be amended except for administrative provisions, governing law provisions or to comply CNRO 2009-00005 Attachment 3-C with regulatory requirements and such amendments must be consented to in writing by the Trustee, EGSI and RUS;WHEREAS, EGSI has certain rights and responsibilities pursuant to the Agreement and Settlement Agreement; WHEREAS, Entergy Gulf States Louisiana, LLC ("EGSL") hereby represents to Trustee, Settlor and RUS that: A. On December 31, 2007, EGSI implemented a joint separation plan, pursuant to which, among other things, EGSI implemented a merger by division that allocated less than half of its assets, but substantially all of its Texas assets and certain other assets, to a new Texas entity, Entergy Texas, Inc. ("ETrI) while retaining substantially all of its Louisiana assets, including River Bend Unit No. 1; EGSI distributed the stock of ETI to its parent, Entergy Corporation
NOW, THEREFORE, the Company and Successor Trustee agree as follows:
("Entergy");
: 1. The representations set forth above are incorporated herein by the reference thereto.
Entergy distributed the stock of EGSI to a new Texas subsidiary, EGS Holdings, Inc. ("EGSH");
: 2. Pursuant to the merger of EGSI into the Company on December 31, 2007, the Company succeeded EGSI under the Agreement and has the same rights and responsibilities that EGSI previously had under the Agreement.
and EGSI merged into a new Louisiana limited liability company, EGSL, and EGSL thereby succeeded to EGSI's rights and responsibilities under the Agreement and Settlement Agreement, including with respect to the 30%interest in the River Bend Nuclear Generating Unit 1. EGSL is an indirect subsidiary of Entergy and is a regulated public utility engaged in the generation, transmission and distribution of electricity to wholesale and retail customers in certain parishes in the State of Louisiana.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof Authorized Signer of                                 Authorized Signer of MELLON BANK, N.A.                                   Entergy Gulf States Louisiana, LLC By:                                                 By:         ____             _ _
B. It was and is intended that the merger of EGSI into EGSL qualify as a tax-free reorganization under IRC Section 368(a)(1) (F). Pursuant' to Treas.2 CNRO 2009-00005 Attachment 3-C Reg. section 301.7701-3, EGSL has elected to be classified as a corporation for federal income tax purposes.WHEREAS, each party hereby warrants and represents to each other that it has full authority to enter into this Amendment upon the terms and conditions hereof and that the individual executing this Amendment on its behalf has the requisite authority to bind the respective party to the Amendment.
Name:       ____"__"___._____.__                     Name:         Steven C. McNeal
NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Settlor and the Trustee hereby agree as follows: i. The representations set forth above are incorporated herein by the reference thereto.2. Pursuant to the merger of EGSI into EGSL on December 31, 2007, EGSL succeeded EGSI under the Agreement and Settlement Agreement and has the same rights and responsibilities that EGSI previously had under the Agreement and Settlement Agreement.
 
3 CNRO 2009-00005 Attachment 3-C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.By: 7 ~Z By:_Name: Glen R. Metzger Name: Title: Assistant Vice President Title: Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States Department of Agriculture By: By: Name: Name: Title: Title: 4 CNRO 2009-00005 Attachment 3-C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.By:_ _ _ _ _ By:_ _ _ _ _Name: Name: gALtI- M,4 /Title: Title: 7-h" ,lk&-Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States Department of Agriculture By: By: Name: Name: Title: Title: 4 CNRO 2009-00005' Attachment 3-C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.By: By: Name: Name: Title: Title: Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States By: 'X " , 000 Department of Agriculture By: Name: Steven C. McNeal Name: Title: Vice President and Treasurer Title: 4 CNRO 2009-00005 Attachment 3-C IN WITNESS WHEREOF, the parties hereto have caused this- Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.By: By: Name: Name: Title: Title: Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States Department of Agriculture By: By: L1J.,.=., Name'Name:
==Title:==
JAMES M. ANDREW Title: Title: Administrator 4
.     ,ff
CNRO 2009-00005 Attachment 4 ENTERGY LOUISIANA, INC.Status of Decommissioning Funding For Year Ending December 31, 2008 -Pursuant to 10 CFR 50.75(f)(1)
 
Date: March 30, 2009 Reactor Name: Waterford 3 Steam Electric Station 1. Minimum Financial Assurance (MFA)Estimated per 10 CFR 50.75(b) and (c) (2008$): 2. Decommissioning Fund Total As of 12/31/08: 3. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning based on the operating license of Dec 2024: 4. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning with 20 year license renewal: 5. Annual amounts remaining to be collected:
==Title:==
6, Regulatory assumptions used: Rate of Escalation of Decommissioning Costs: Rate of Earnings on Decommissioning Funds: Authority for use of Real Earnings Over 2%: 7, Contracts upon which licensee is relying For Decommissioning Funding: 8, Modifications to Method of Financial Assurance since Last Report: 9, Material Changes to Trust Agreements:
Vice President and Treasurer 2
$400.5 million$180.9 million$320.4 million$586.1 million See Attachment 4-A Approx. 4.08%1 Approx., 6.2%1 LPSC Order 1 None None No 1 Ordered in LPSC Docket No. U-20925 RRF 2004.
 
CNRO 2009-00005 Attachment 4-A Schedule of Remaining Principal Payments into Waterford 3 Decommissioning Fund ($ Thousands) 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.}}
CNRO 2009-00005 -C SECOND AMENDMENT TO DECOMMISSIONING TRUST AGREEMENT This Second Amendment to DECOMMISSIONING TRUST AGREEMENT (the Amendment") is entered into as of this 31st day of December , 2007, by and between
            'CAJUN     ELECTRIC     POWER     COOPERATIVE,       INC., an   electric cooperative corporation organized under the laws of the State of Louisiana, (the "Settlor"), and MELLON BANK, N.A., as Trustee (the "Trustee"), a national banking association having trust powers.
WHEREAS, the Settlor and the Trustee have entered into a Decommissioning Trust Agreement dated as of December 23, 1997 (the "Agreement") relating to Settlor's 30% interest in River Bend Nuclear Generating Unit I; WHEREAS, the Settlor has entered into a settlement agreement (the "Settlement Agreement") with Entergy Gulf States, Inc. ("EGSI") and the Rural Utilities Services of the United States Department of Agriculture ("RUS");
WHEREAS, EGSI acquired Settlor's 30% interest in the River Bend Nuclear Generating Unit I; WHEREAS, on December 23, 2003, the Settlor and the Trustee entered into the First Amendment to the Agreement, in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission ("NRC");
WHEREAS, Section 9.1 of the Agreement provides that the Agreement cannot be amended except for administrative provisions, governing law provisions or to comply
 
CNRO 2009-00005 -C with regulatory requirements and such amendments must be consented to in writing by the Trustee, EGSI and RUS; WHEREAS, EGSI has certain rights and responsibilities pursuant to the Agreement and Settlement Agreement; WHEREAS, Entergy Gulf States Louisiana, LLC ("EGSL") hereby represents to Trustee, Settlor and RUS that:
A.       On December 31, 2007, EGSI implemented a joint separation plan, pursuant to which, among other things, EGSI implemented a merger by division that allocated less than half of its assets, but substantially all of its Texas assets and certain other assets, to a new Texas entity, Entergy Texas, Inc. ("ETrI) while retaining substantially all of its Louisiana assets, including River Bend Unit No. 1; EGSI distributed the stock of ETI to its parent, Entergy Corporation ("Entergy"); Entergy distributed the stock of EGSI to a new Texas subsidiary, EGS Holdings, Inc. ("EGSH"); and EGSI merged into a new Louisiana limited liability company, EGSL, and EGSL thereby succeeded to EGSI's rights and responsibilities under the Agreement and Settlement Agreement, including with respect to the 30%
interest in the River Bend Nuclear Generating Unit 1. EGSL is an indirect subsidiary of Entergy and is a regulated public utility engaged in the generation, transmission and distribution of electricity to wholesale and retail customers in certain parishes in the State of Louisiana.
B.     It was and is intended that the merger of EGSI into EGSL qualify as a tax-free reorganization under IRC Section 368(a)(1) (F). Pursuant' to Treas.
2
 
CNRO 2009-00005 -C Reg. section 301.7701-3, EGSL has elected to be classified as a corporation for federal income tax purposes.
WHEREAS, each party hereby warrants and represents to each other that it has full authority to enter into this Amendment upon the terms and conditions hereof and that the individual executing this Amendment on its behalf has the requisite authority to bind the respective party to the Amendment.
NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Settlor and the Trustee hereby agree as follows:
: i. The representations set forth above are incorporated herein by the reference thereto.
: 2. Pursuant to the merger of EGSI into EGSL on December 31, 2007, EGSL succeeded EGSI under the Agreement and Settlement Agreement and has the same rights and responsibilities that EGSI previously had under the Agreement and Settlement Agreement.
3
 
CNRO 2009-00005 -C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.
Authorized Signer of                           Authorized Signer of MELLON BANK, N.A.                             Cajun Electric Power Cooperative, Inc.
By:   7         ~Z                           By:_
Name: Glen R. Metzger                         Name:
 
==Title:==
Assistant Vice President
 
==Title:==
Authorized Signer of                           Authorized Signer of Entergy Gulf States Louisiana, LLC.             Rural Utilities Services of the United States Department of Agriculture By:
By:
Name:
Name:
 
==Title:==
Title:
4
 
CNRO 2009-00005 -C IN WITNESS         WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.
Authorized Signer of                           Authorized Signer of MELLON BANK, N.A.                             Cajun Electric Power Cooperative, Inc.
By:_             _       _     _       _     By:_                 _       _     _     _
Name:                                         Name:   gALtI-       .*,    M,4       /
 
==Title:==
Title:       7-h"   ,lk&-
Authorized Signer of                           Authorized Signer of Entergy Gulf States Louisiana, LLC.           Rural Utilities Services of the United States Department of Agriculture By:
By:
Name:
Name:
 
==Title:==
Title:
4
 
CNRO 2009-00005' -C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof Authorized Signer of                           Authorized Signer of MELLON BANK, N.A.                               Cajun Electric Power Cooperative, Inc.
By:                                             By:
Name:                                           Name:
 
==Title:==
Title:
Authorized Signer of                           Authorized Signer of Entergy Gulf States Louisiana, LLC.             Rural Utilities Services of the United States
                                  'X"         , 000         Department of Agriculture By:                                             By:
Name:         Steven C. McNeal Name:
 
==Title:==
Vice President and Treasurer
 
==Title:==
4
 
CNRO 2009-00005 -C IN WITNESS         WHEREOF,     the parties   hereto have caused this- Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.
Authorized Signer of                             Authorized Signer of MELLON BANK, N.A.                                 Cajun Electric Power Cooperative, Inc.
By:                                               By:
Name:                                             Name:
 
==Title:==
Title:
Authorized Signer of                               Authorized Signer of Entergy Gulf States Louisiana, LLC.               Rural Utilities Services of the United States Department of Agriculture By:
By:   L1J.,.=.,
Name'Name:                                                     JAMES M. ANDREW
 
==Title:==
Title:         Administrator 4
 
CNRO 2009-00005 ENTERGY LOUISIANA, INC.
Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)
Date: March 30, 2009 Reactor Name: Waterford 3 Steam Electric Station
: 1. Minimum Financial Assurance (MFA)
Estimated per 10 CFR 50.75(b) and (c) (2008$):        $400.5 million
: 2. Decommissioning Fund Total As of 12/31/08:                                      $180.9 million
: 3. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning based on the operating license of Dec 2024:           $320.4 million
: 4. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning with 20 year license renewal:                        $586.1 million
: 5. Annual amounts remaining to be collected:             See Attachment 4-A 6, Regulatory assumptions used:
Rate of Escalation of Decommissioning Costs:         Approx. 4.08%1 Rate of Earnings on Decommissioning Funds:           Approx., 6.2%1 Authority for use of Real Earnings Over 2%:           LPSC Order1 7, Contracts upon which licensee is relying For Decommissioning Funding:                         None 8, Modifications to Method of Financial Assurance since Last Report:                         None 9, Material Changes to Trust Agreements:                 No 1   Ordered in LPSC Docket No. U-20925 RRF 2004.
 
CNRO 2009-00005 -A Schedule of Remaining Principal Payments into Waterford 3 Decommissioning Fund
($ Thousands) 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.}}

Latest revision as of 02:50, 7 December 2019

Units 1 & 2 and Grand Gulf - Status of Decommissioning Funding for 2008
ML090920218
Person / Time
Site: Grand Gulf, Arkansas Nuclear, River Bend, Waterford  Entergy icon.png
Issue date: 03/30/2009
From: Mccann J
Entergy Nuclear Operations, Entergy Operations
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
CNRO-2009-00005, FOIA/PA-2010-0090
Download: ML090920218 (21)


Text

Entergy Operations, Inc.

  • Entergy Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, New York 10601 John F. McCann Director Nuclear Safety & Licensing CNRO-2009-00005 March 30, 2009 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, 2008 - 10 CFR50.75(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 :Incý.: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 13.

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

Aoo!

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CNRO-2000-00005 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, JFM/BSF/LAE 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
3. Entergy Gulf States, Inc. - RBS Status Report - 70% Regulated 3-A Entergy Gulf States, Inc. RBS Status Report - 30% Non-Regulated 3-B Fifth Amendment to Nuclear Decommissioning Trust Fund Agreement (EGSI) 3-C Second Amendment to Nuclear Decommissioning Trust Fund Agreement (Cajun)
4. Entergy Louisiana, LLC - WF3 Status Report 4-A Schedule of Remaining Principle Payments - WF3 cc: (All Below with Attachments)

Mr. T. A. Burke (ECH)

Mr. W. R. Brian (ECH)

Ms. W. F. Curry (ECH)

Mr. J. R. Douet (GGNS)

Mr. J. S. Forbes (ECH)

Mr. J. A. Kowalewski (W3)

Mr. J. R. McCann (WPO)

Mr. T. G. Mitchell (ECH)

Mr. M. Perito (RBS)

Mr. L. Jager Smith (Wise, Carter)

Mr. K. T. Walsh (ANO)

Dr. E. E. Collins, Regional Administrator, Region IV Mr. C. F. Lyons, Project Manager, GGNS, RBS Mr. N. Kalyanam, Project Manager, W-3 Ms. A. B. Wang, Project Manager, ANO

CNRO 2009-00005 ENTERGY ARKANSAS, INC.

Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 30, 2009 Reactor Name: Arkansas Nuclear One Unit 1 (ANO 1)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2008$): $372.3 million

2. Decommissioning Trust Fund Total As of 12/31/08: $218.1 million
3. Decommissioning Trust Fund escalated with 2%

annual growth to the midpoint of decommissioning based on the operating license of May 2034: $387.3 million

4. Annual amounts remaining to be collected: $01
5. Regulatory assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 2.58%2 Rate of Earnings on Decommissioning Funds: Approx. 5.79%3 Authority for use of Real Earnings Over 2%: APSC Order 3

6. Contracts upon which licensee is relying For Decommissioning Funding: None
7. Modifications to Method of Financial Assurance since Last Report: None
8. Material Changes to Trust Agreements: None 1 Decommissioning funding has been suspended pursuant to order ofthe Arkansas Public Service Commission in Docket No. 87-166-TF. The NRC has granted life extension to 5/2034.

2 Approved in APSC Docket No. 87-166-TF, Order No. 47.

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

CNRO 2009-00005 -A ENTERGY ARKANSAS, INC.

Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 30, 2009 Reactor Name: Arkansas Nuclear One Unit 2 (ANO 2)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2008$): $387.7 million

2. Decommissioning Fund Total As of 12/31/08: $172.4 million
3. Decommissioning Trust Fund escalated with 2%

annual growth to the midpoint of decommissioning based on the operating license of July 2038: $331.4 million

4. Annual amounts remaining to be collected: $01
5. Regulatory assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 2.58%2 Rate of Earnings on Decommissioning Funds: Approx. 6.09%ý Authority for use of Real Earnings Over 2%: APSC Order 3

6. Contracts upon which licensee is relying For Decommissioning Funding: None
7. Modifications to Method of Financial Assurance since Last Report: None
8. Material Changes to Trust Agreements: None 1 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.

3 Approved in APSC Docket No. 87-166-TF, Order No. 47.

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

CNRO 2009-00005 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 30, 2009 Reactor Name: Grand Gulf 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) (2008$):

SERI (90% ownership share) $499.1 million SMEPA (10% ownership share) $55.5 million

2. Decommissioning Fund Total as of 12/31/08:

SERI $267.2 million SMEPA $29.7 million

3. Decommissioning Trust Fund and future collections escalated with 2% annuAl growth to the midpoint of decommissioning based on the operating license of Nov 2024:

SERI $799.3 million SMEPA $43.3 million

4. Decommissioning Trust Fund and future collections escalated with 2% annual growth to the midpoint of

,decommissioning with 20 year license renewal:

SERI $1,187.7 million SMEPA $64.3 million

5. Annual amounts remaining to be collected: See Attachment 2-A
6. Regulatory assumptions used:

Rate of Escalation of Decommissioning Costs:

SERI 5.5%1 SMEPA 4.0%

1 Approved by FERC in Docket No. ER95-1042.

CNRO 2009-00005 SYSTEM ENERGY RESOURCES, INC. and SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

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

Rate of Earnings on Decommissioning Funds:

SERI Approx. 6.7%1 SMEPA Approx. 10%

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

7. Contracts upon which licensee is relying For Decommissioning Funding: None
8. Modifications to Method of Financial Assurance since Last Report: None
9. Material Changes to Trust Agreements: None

CNRO 2009-00005 -A Schedule of Remaining Principal Payments into Grand Gulf Decommissioning Fund

($ Thousands)

SERI Share SMEPA Share Total 2009 $19,550 $0 Thereafter $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 Thereafter 2024 2025

CNRO 2009-00005 ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 30, 2009 Reactor Name: River Bend Station (70% Regulated Interest)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2008$): $379.1 million

2. Decommissioning Fund Total As of 12/31/08: $133.1 million
3. Decommissioning Trust Fund and future collections escalated with 2% annual growth to the midpoint of decommissioning based on the operating license of Aug 2025: $201.1 million
4. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning with 20 year license renewal: $298.6 million
5. Annual amounts remaining to be collected: PUCT and FERC- $724,000 in 2009 and FERC -

$113,000 from 2010 through 20241

6. Regulatory assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 4.1%2 Rate of Earnings on Decommissioning Funds: Approx. 6.4%3 4

Authority for use of Real Earnings Over 2%: LPSC, PUCT and FERC Orders 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 for the Texas jurisdictional share was 2 suspended in March 2009 pursuant to Order of the Public Utility Commission of Texas.

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 12/31/08 (30%, 67% 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 12/31/08 (30%, 67% and 3%,

respectively).

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

CNRO 2009-00005 ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Reactor Name: River Bend Station (70% Regulated Interest)

7. Contracts upon which licensee is relying For Decommissioning Funding: None
8. Modifications to Method of Financial Assurance since Last Report: None
9. Material Changes to Trust Agreements: See Attachment 3-13

CNRO 2009-00005 -A ENTERGY GULF STATES LOUISIANA, LLC Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 30, 2009 Reactor Name: River Bend Station (30% Non-Regulated Interest)

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2008$): $162.5 million

2. Decommissioning Fund Total As of 12/31/08: $169.8 million
3. Decommissioning Trust Fund escalated with 2%

annual growth to the midpoint of decommissioning based on the operating license of Aug 2025: $252.3 million

4. Decommissioning Trust Fund escalated with 2%

annual growth to the midpoint of decommissioning with 20 year license renewal: $374.9 million

5. Annual amounts remaining to be collected: $0
6. 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

7. Contracts upon which licensee is- relying For Decommissioning Funding: None
8. Modifications to Method of Financial Assurance since Last Report: None
9. Material Changes to Trust Agreements: See Attachment 3-C

CNRO-2009-00005 -B FIFTH AMENDMENT TO DECOMMISSIONING TRUST FUND AGREEMENT This Fifth Amendment to Decommissioning Trust Agreement ("Fifth Amendment") is made, effective as of the 3 1 "tday of December, 2007, by and between Entergy Gulf States Louisiana, LLC ("the Company") and Mellon Bank, N.A. (the "Successor Trustee").

WHEREAS, on March 15, 1989, Gulf States Utilities Company ("GSU") and Morgan Guaranty Trust Company of New York (the "Trustee") entered into a Decommissioning Trust Agreement (the "Trust Agreement") which provided for the establishment and maintenance of a nuclear decommissioning reserve fund (the "Trust Fund") to hold and invest revenues collected by the Company for the decommissioning of Unit No. I of the River Bend Steam Electric Generating Station ("River Bend Unit No. 1"); and WHEREAS, as of April 8, 1992, in connection with the promulgation of certain rules by the Public Utility Commission of Texas applicable to the investment or reinvestment of funds held under the Trust Agreement, GSU and Trustee entered into Amendment No. 1 to Decommissioning Trust Agreement (the "First Amendment"), adding Section 2.11 ("Additional Regulatory Requirement") to the Trust Agreement; and WHEREAS, as of November 1, 1995, in connection with the appointment of Mellon Bank, N.A. as Successor Trustee, GSU and Successor Trustee entered into the Second Amendment to Decommissioning Trust Agreement (the "Second Amendment"); and WHEREAS, GSU changed its name to Entergy Gulf States, Inc. ("EGSI'); and WHEREAS, effective as of March 5, 1998, in connection with the promulgation of certain rules by the Public Utility Commission of Texas, EGSI and the Successor Trustee entered into the Third Amendment to Decommissioning Trust Agreement ("Third Amendment"); and WHEREAS, effective as of December 17, 2003, EGSI and Successor Trustee entered into the Fourth Amendment to Decommissioning Trust Agreement ("Fourth Amendment") in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission ("NRC"); and WHEREAS, the Company hereby represents to Successor Trustee that:

A. On December 31, 2007, EGSI implemented a joint separation plan, pursuant to which, among other things, EGSI implemented a merger by division that allocated less than half of its assets, but substantially all of its Texas assets and certain other assets, to a new Texas entity, Entergy Texas, Inc. ("ETI") while retaining substantially all of its Louisiana assets, including River Bend Unit No. 1; EGSI distributed the stock of ETI to its parent, Entergy Corporation ("Entergy"), Entergy distributed the stock of EGSI to a new Texas subsidiary, EGS Holdings, Inc. ("EGSH"); and EGSI merged into the Company, a newly formed Louisiana limited liability company. The Company is an indirect subsidiary of Entergy and is a regulated

CNRO-2009-00005 -B public utility engaged in the generation, transmission and distribution of electricity to wholesale and retail customers in certain parishes in the State of Louisiana.

B. It was and is intended that the merger of EGSI into the Company qualify as a tax-free reorganization under IRC Section 368(a)(1) (F). Pursuant to Treas. Reg. section 301.7701-3, the Company has elected to be classified as a corporation for federal income tax purposes.

WHEREAS, Section 2.08 of the Trust Agreement authorizes the Company with the consent of the Trustee to make amendments to the Trust Agreement from time to time to effectuate the purposes of the Trust Agreement; and WHEREAS, each party hereby warrants and represents to the other that it has full authority to enter into this Fifth Amendment upon the terms and condition hereof and that the individual executing this Fifth Amendment on its behalf has the requisite authority to bind the respective party to the Amendment.

NOW, THEREFORE, the Company and Successor Trustee agree as follows:

1. The representations set forth above are incorporated herein by the reference thereto.
2. Pursuant to the merger of EGSI into the Company on December 31, 2007, the Company succeeded EGSI under the Agreement and has the same rights and responsibilities that EGSI previously had under the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof Authorized Signer of Authorized Signer of MELLON BANK, N.A. Entergy Gulf States Louisiana, LLC By: By: ____ _ _

Name: ____"__"___._____.__ Name: Steven C. McNeal

Title:

. ,ff

Title:

Vice President and Treasurer 2

CNRO 2009-00005 -C SECOND AMENDMENT TO DECOMMISSIONING TRUST AGREEMENT This Second Amendment to DECOMMISSIONING TRUST AGREEMENT (the Amendment") is entered into as of this 31st day of December , 2007, by and between

'CAJUN ELECTRIC POWER COOPERATIVE, INC., an electric cooperative corporation organized under the laws of the State of Louisiana, (the "Settlor"), and MELLON BANK, N.A., as Trustee (the "Trustee"), a national banking association having trust powers.

WHEREAS, the Settlor and the Trustee have entered into a Decommissioning Trust Agreement dated as of December 23, 1997 (the "Agreement") relating to Settlor's 30% interest in River Bend Nuclear Generating Unit I; WHEREAS, the Settlor has entered into a settlement agreement (the "Settlement Agreement") with Entergy Gulf States, Inc. ("EGSI") and the Rural Utilities Services of the United States Department of Agriculture ("RUS");

WHEREAS, EGSI acquired Settlor's 30% interest in the River Bend Nuclear Generating Unit I; WHEREAS, on December 23, 2003, the Settlor and the Trustee entered into the First Amendment to the Agreement, in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission ("NRC");

WHEREAS, Section 9.1 of the Agreement provides that the Agreement cannot be amended except for administrative provisions, governing law provisions or to comply

CNRO 2009-00005 -C with regulatory requirements and such amendments must be consented to in writing by the Trustee, EGSI and RUS; WHEREAS, EGSI has certain rights and responsibilities pursuant to the Agreement and Settlement Agreement; WHEREAS, Entergy Gulf States Louisiana, LLC ("EGSL") hereby represents to Trustee, Settlor and RUS that:

A. On December 31, 2007, EGSI implemented a joint separation plan, pursuant to which, among other things, EGSI implemented a merger by division that allocated less than half of its assets, but substantially all of its Texas assets and certain other assets, to a new Texas entity, Entergy Texas, Inc. ("ETrI) while retaining substantially all of its Louisiana assets, including River Bend Unit No. 1; EGSI distributed the stock of ETI to its parent, Entergy Corporation ("Entergy"); Entergy distributed the stock of EGSI to a new Texas subsidiary, EGS Holdings, Inc. ("EGSH"); and EGSI merged into a new Louisiana limited liability company, EGSL, and EGSL thereby succeeded to EGSI's rights and responsibilities under the Agreement and Settlement Agreement, including with respect to the 30%

interest in the River Bend Nuclear Generating Unit 1. EGSL is an indirect subsidiary of Entergy and is a regulated public utility engaged in the generation, transmission and distribution of electricity to wholesale and retail customers in certain parishes in the State of Louisiana.

B. It was and is intended that the merger of EGSI into EGSL qualify as a tax-free reorganization under IRC Section 368(a)(1) (F). Pursuant' to Treas.

2

CNRO 2009-00005 -C Reg. section 301.7701-3, EGSL has elected to be classified as a corporation for federal income tax purposes.

WHEREAS, each party hereby warrants and represents to each other that it has full authority to enter into this Amendment upon the terms and conditions hereof and that the individual executing this Amendment on its behalf has the requisite authority to bind the respective party to the Amendment.

NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Settlor and the Trustee hereby agree as follows:

i. The representations set forth above are incorporated herein by the reference thereto.
2. Pursuant to the merger of EGSI into EGSL on December 31, 2007, EGSL succeeded EGSI under the Agreement and Settlement Agreement and has the same rights and responsibilities that EGSI previously had under the Agreement and Settlement Agreement.

3

CNRO 2009-00005 -C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.

Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.

By: 7 ~Z By:_

Name: Glen R. Metzger Name:

Title:

Assistant Vice President

Title:

Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States Department of Agriculture By:

By:

Name:

Name:

Title:

Title:

4

CNRO 2009-00005 -C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.

Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.

By:_ _ _ _ _ By:_ _ _ _ _

Name: Name: gALtI- .*, M,4 /

Title:

Title: 7-h" ,lk&-

Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States Department of Agriculture By:

By:

Name:

Name:

Title:

Title:

4

CNRO 2009-00005' -C IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.

By: By:

Name: Name:

Title:

Title:

Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States

'X" , 000 Department of Agriculture By: By:

Name: Steven C. McNeal Name:

Title:

Vice President and Treasurer

Title:

4

CNRO 2009-00005 -C IN WITNESS WHEREOF, the parties hereto have caused this- Second Amendment to be executed by their respective duly authorized officers as of the effective date indicated on the first page hereof.

Authorized Signer of Authorized Signer of MELLON BANK, N.A. Cajun Electric Power Cooperative, Inc.

By: By:

Name: Name:

Title:

Title:

Authorized Signer of Authorized Signer of Entergy Gulf States Louisiana, LLC. Rural Utilities Services of the United States Department of Agriculture By:

By: L1J.,.=.,

Name'Name: JAMES M. ANDREW

Title:

Title: Administrator 4

CNRO 2009-00005 ENTERGY LOUISIANA, INC.

Status of Decommissioning Funding For Year Ending December 31, 2008 - Pursuant to 10 CFR 50.75(f)(1)

Date: March 30, 2009 Reactor Name: Waterford 3 Steam Electric Station

1. Minimum Financial Assurance (MFA)

Estimated per 10 CFR 50.75(b) and (c) (2008$): $400.5 million

2. Decommissioning Fund Total As of 12/31/08: $180.9 million
3. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning based on the operating license of Dec 2024: $320.4 million
4. Decommissioning Trust Fund and future collections escalated with 2% to the midpoint of decommissioning with 20 year license renewal: $586.1 million
5. Annual amounts remaining to be collected: See Attachment 4-A 6, Regulatory assumptions used:

Rate of Escalation of Decommissioning Costs: Approx. 4.08%1 Rate of Earnings on Decommissioning Funds: Approx., 6.2%1 Authority for use of Real Earnings Over 2%: LPSC Order1 7, Contracts upon which licensee is relying For Decommissioning Funding: None 8, Modifications to Method of Financial Assurance since Last Report: None 9, Material Changes to Trust Agreements: No 1 Ordered in LPSC Docket No. U-20925 RRF 2004.

CNRO 2009-00005 -A Schedule of Remaining Principal Payments into Waterford 3 Decommissioning Fund

($ Thousands) 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.