ML20011D414

Forwards Draft Decommissioning Trust Fund Agreement,For Review.Util Intends to Visit Financial Community During Dec 1989 & Have Trust in Place During Early 1990

ML20011D414
Person / Time
Site:	Cooper
Issue date:	11/03/1989
From:	Trouba T NEBRASKA PUBLIC POWER DISTRICT
To:	Wood R NRC
References
NUDOCS 8912270149
Download: ML20011D414 (24)

Text

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o GENERt4 OFFtct Nebraska Public Power District

• ""ef3*ssCMP*'*"

4

_,,___..__,_..__m_...

F fut,. pr.h b t I ki A 4

l' Mr. Robert'E. Wnce p gyf p

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Nuc] car R e a..s l a t.

r v i. o m n. ; m.. c i i i

Ona White I:>rt Not i t-

'liSS5 R tavalle Pite 4eckville. Mar v ] ar.d 2005Y Unar Mr. Wood r

I have enclosed a draft ropy

r. f Nebrink:S Publi: Pownr District's Decommissionano 1ruct Fund h q r e e me r, t too your revlew.

Pursuant to aur telephone d3bcussion of Octobur 3f..

'19F4 tt'e nrnf: agreemert should be r e v i ev.e d anc s.iraetti m pt 3.* I d o d by your of' ice to

t. h e ijwtrict.

A review by y o t. c offate of t t1o det on mi w 1oisi ng a c i F e n.p n '.

w311 p t' o v i de Nt'b r a s 6 a P.,b 1 ; c Prwer Distr ac t the cpnei'un)ts

-to make changes to the decommissioninQ aqi eomGnt bef ori 4

hrv;upst inr Pr oposalt are t,ubm3ttoc to the f i na r r. i a l rommun1ty.

Tne Nobrac6a. Pub 1sc Pc.w e r D1stc1ct's ' r. t ni i t i o r is to vic 1 t the fsnanc1al commun!ty durIng December. 19P7 and have a Trust in place dur2ng early 1990.

It-you have any quec, t i o ns eoncernang the.:in r eeme n t t h a t-ran be. resolved by phone. Olease feel fr ee to call me at (40P).565-5599 Otherwise, we will anticipate your written comnents.

t' Sincerely.

n (YW T.

F.ugene Trouba Financial Planning Maraget TEltm:

Enc.

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.8912270149 891103

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DRATT OT x21 OCTOBER 16. 1989 !*22 L

I

1. 28,29 HEBRASKA PUBLIC POWER DISTRICP

$33 1.

and

1. 35 AS TRUSTEE

1. 37 1

s

1. 39 DECOMMISSIONING TRUST FUND AGREDGNT

1. 41

1. 42 l

Dated as of January 1, 1990

1. 44 l

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1. 46,47-l t

F R1414.799.1064.01:4

1. 10 e-e ew

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c TABLE OF CONTENTS

• 15 i

PJ!L5Le

• (15)

&RTICLE I

• 20 l

Definitions

1. (20)

SECTION 1.01.

Definitions......................

2

1. 20 I-

&RTICLE II

1. 20 i

l' Establishment and Application of Trust

1. (20)

Fund

$(20)

SECTION 2.01.

Creation of Trust Fund..........

4

• 20 EECTION 2.02.

Deposits into Trust rund........

4

• 20 4'

EECTION 2.03.

Application of Trust Fund.......

4

1. 20

[

SECTION 2.04.

Investment of Trust Fund........

6

1. 20 EECTION 2.05.

Taxes and Expenses..............

7

1. 20 EECTION 2.06.

Annual Valuation................

7

1. 20 SECTION 2.07.

Transfer of Funds after all

• 20 Payments Required by this

1. (20)

Agreement are Made..............

7

1. (20)

&RTICLE III

1. 20 Concerning the Trustee

1. (20)

SECTION 3.01.

Appointment of Trustee..........

8

1. 20 EECTION 3.02.

' Acceptance by Trustee...........

8 420 EECTION 3.03.

Liability of Trustee............

8

1. 20 EECTION 3.04.

Successor Trustee...............

9

1. 20 EECTION

3. 05. -

Indemnification of Trustee......

11

1. 20 EECTION 3.06.

Payment to Trustee..............

12

1. 20

.EECTION 3.07.

Instructions to'the Trustee.....

12

1. 20 l

&RTICLE IV

1. 20 L

l Miscellaneous

1. (20) l EECTION 4.01.

Amendments to this Agreement....

13

1. 20 EECTION~ 4.02.

Severability....................

13

1. 20 1

L EECTION 4.03.

Agreement Binding...............

13

1. 20 EECTION 4.04.

Termination.....................

14

1. 20 EECTION 4.05.

Governing Law...................

14

1. 20 EECTION 4.06.

Notices...................

14

1. 20 l

EECTION 4.07.

Execution by Counterparts.......

15

1. 20 1

7 $14 l

l l

l

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THIS DECOMMISSIONING TRUST IUND AGREDENT made and entered 6 51 into as of Jabdary 1, 1990, by and between Nebraska Public Power 852

- District Ithe " District"), and

, as Trustee #53 ithe " Trustee"):

654 MITNESSETH:

• 56

' s i.re N ~{C S,uk..& '

m-J-

h MHEREAS, the District is a holder of an operating license 658,59

/

f or Cooper Nuclear Station, a Duclear generating station which is t' pm ' e 60 the west bank of the Missouri River between Brownville, Nebraska and !4(60)

Nemaha, Nebraska; Ia(60)

MHEREAS, the Nuclear Energy Commission has promulgated #61,62' regulations which require a holder of an operating licene:t to previde s63 assurance that funds will be available when needed for required $64 decommissioning activities;

• (64)

MHEREAS, the District has elected to use the trust fund 465,66 created under this Agreement to provide financial assurance f or the #67 required decommissioning activities at Cooper Nuclear Station; 4(67)

MOW, THEREFORE, the District, in consideration of the #68,69 foregoing and the mutual covenants herein set forth, has determined #70

1. 10 R1414.799.1064.01:4

4 b

l

'to enter into this Agreement with the Trustee upon terms and *71 conditinns herein set forth.

e(71) l-l 8

ARTICLE I 672 r

DEFINITIONS c(72) i-SECTION'1.01.

Definitions. In addition to words and #74 L

terms elsewhere defined in this Agreement, the following words and s75 terms as used in this Agreement shall have the following meanings, s76 unless gome other meaning is plainly intended.

677 Hords of masculine gender shall be deemed and gonstrued to 478,79 include correlative words of the feminine and neuter genders.

Words 680

-)

importing the singular. number shall include the plural number and $81 l

vice versa unless the context shall otherwise indicate.

The word 882

" person" shall include gorporations, associations, natural persons $83 l

and public hodies unless the context shall otherwise indicate. #84 l

" Agreement" shall mean this Decommissioning Trust Fund #85 Agreement, dated as of January 1, 1990, between the District and the #86 l

Trustee, as amended f rom time to c ime' in accordance with the terms * (86) hereof.

1. (86) l" Authorized Officer" shall mean, with respect to the !#93 District, the President, any Vice President, the Treasurer, an !#(93)

Assistant Treasurer or any other of ficer of the District who may be #94,95

, #14 91414.799.1064.01:4 8(14)

authorized by resolution of the Dietrict to perform specified :(95) activ.ities undar this Agreement.

=96

" Cost of Decommissioning" shall mean all costs incurred by *97 the District in connection with the Qecommissioning Plan.

• 98 l" Decommissioning Plan" shall mean the plan of decommis- !*100 sioning activities for the Plant, approved by the NRC, as such plan ! = (100 may be amended from time to time with the approval of the NRC. !*(100

", District" shall mean the Nebraska Public Power District, a #101 body politic and corporate, constituting a public corporation and #102 political subdivision of the State of Nebraska.

6(102)

" Estimated Cost of Decommissioning" shall mean the amount *103 set forth in Exhibit A hereto under the heading " Cost Estimates For !#104 Regulatory Assurances Demonstrated by this Agreement", as such esti- !*(104 mated Cost of Decommissioning may__e amended from time to time. !*(104 W ;ts/ hte % J "NRC" shall mean the Nuclear Regulatory Co mission af L !*105 f

nit;d no m. L ym m... v 2 Z..m or any successor to such entity. 16(105

" Plant" shall mean the nominally rated 800 MW nuclear gen- #106 erating plant, known as Cooper Nuclear Station, which is located on ! *107

-) west bank of the the Missouri River between Brownville. 1 Nebraska'and !s108 Nemaha. Nebraska.

JJ..[ h d ;;

!#(108

" Trust F u re d " shall mean the Cooper Nuclear Station #109 Decommissioning Trust Fund created by Section 2.01 of this #(109)

Agreement.

1. (109)

". Trustee" shall mean and its successors and illo assigns under this Agreement.

1. (110) 1

' #14 91414.799.1064.01:4

• (14) 1 l

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ARTICLE II 3112 ESTARI.ISHMENT AND APPT.TCATTDN OF TRilST MIND e(112)

SECTION 2.01.

Creation of Trust Fund. The Cooper Nuclear *114 Station Decommissioning Trust Fund is hereby created and established * (114) with the Trustee as a special and irrevocable trust fund _t;o provid_e_ j eJJJ the Estimated Cost of Decommissionino.

The Trust rund is to be held !*116, in the custody of the Trustee and accounted for separate and apart alls from other funds of the District and of the Trustee.

The_DJs31tg_t !

• 119.

and the Trustee intend that no third carty shall have access to the !*119.

Trust Fund exceot as Drovided herein.

!*(119 EECTION 2.02.

Deposits into Trust Fund. (a)

No 1 a t e r !

• 121 than J_une 1.

1990. 1the District shall depositt in the Trust Fund the !*122 amounts heretofore-collected by the District. toaether with interest !a(122 Earninas on such amounts, if any, for decommissioninc purposes. li(122 lb) No later than June 11 of each calendar year, commencing ! *124 with the calendar year becinnina January 1.

1991, the District shall !*125 deposit in the Trust Fund, such amounts that the District has col- !s126 lected durina the preceding calendar yearl for decommissionino our- !#127

.coses, tooether with interest earninos thereon. if any.

!*(127 SECTION 2.03.

Application of Trust Fund. (a) Except a s

• 13 7 provided in paragraph (c) below, the Trustee shall apply amounts gn *138 deposit in the Trust Fund to the payment of the Cost o f # (138)

Decommissioning upon receipt by the Trustee gf a certificate of an *139

. #14 L

91414.799.1064.01:4 d(14)

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a Authorized Officer of the District (upon which the Trustee may rely) *(139) which nhall state with respect to each such paynant:

e14n 3

11) the name of the person, firm or corporation to whom

• 142 the payment is due;

• (142)

L

12) the amount to be paidt 144

13) that an obligation in the stated amount has been s146 incurred by the Qistrict and that each item thereof is a 6147 Cost of Decommissioning and that such amount either (i) has s148 Dot been theretofore paid or (ii) is in reimbursement of an

• 149 t

amount paid by the District on account of the cost of

!*150 Decommissioning; and

!*(150

14) that decommissioning is proceeding pursuant to the

!*152 Plant l#(152 P

- provided; however, that prior to the initial withdrawal of moneys en s158,1 deposit in the Trust Fund, a certificate of an Authorized Officer of *(159) the District set forth in Exhibit B hereto shall have been delivered !*160 1

to the Trustee.

18(160 r

ib) No withdrawal from the Trust Fund can exceed per- #164 M

cent of the outstanding balance gf the Trust Fund or dol- $165

'gb ' lars, whichever is greater, unless NRC approval is attached.

1. 166

[

/

Ic) In the event ofl or the District is unable or fails to !*168 a

,,,,j# j direct decommissioning activities, the Trustee shall make payments !#169

-( c i3 i f rom the Trust Fund as the NRC ghall direct in writing, to provide #170 s

y sW t

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g3 91414.799.1064.01:4

• (14)

)

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for the payment of the Cost of Decommissioning.

In gaid event, the =171 Tructee shall reimburse the District or other persons as Frecifiai by 8172 the NRC, from the Trust rund f or the Cost of Decommissioning in such 8173 amounts as the NRC shall direct; provided, however, any payments to 174 the District pursuant to the preceding sentence shall no longer con- *(174) stitute part of the Trust rund.

• (174)

EECTION 2.04.

Investment of Trust rund. (a)All moneys *176 held under this Agreement shall be invested by the Trustee upon the *(176) written direction of an Authorized of ficer of the District, to the s(176) p extent practicable, in investment gecurities which are legal invest- !s177 ments f or the District under Nebraska law provided however, if aD !*(177 ir i

h4 Authorized of ficer of the District does not oive such direction, the !*177 Trustee shall investl noneys in the Trust Fundt in oblicatioDs of or !*177.

auaranteed by the United States of America,

!*177.

Jb) All moneys held under this Agreement by the Trustee *179 which ghall not be invested as provided in (a) above shall be contin- # 180 uously and fully gecured for the benefit of the District, either (1) *181 by lodging with the Trustee, as custodian, as collateral security,

• 182 direct obligations of or obligations guaranteed by the United States #183 of America having a market value (exclusive gf accrued interest) not 6184 less than the amount of such moneys, or (ii) in such other manner as $185 may then be required by applicable rederal or State 2f Nebraska laws 186 and regulations and applicable state laws and regulations of the :(186) state in which the Trustee is located, regarding gecurity for, or !*187, granting a preference int the deposit of trust funds.

!*(188

, *14

• (14)

.91414.799.1064.01:4 I

1 i

SECTION 2.05.

Taxes and Expenses. All taxes of any kind c190 I

that may be assessed or levied against or in respect of the Trust !*191 i

F FundJ brokerage commissions incurred by the Trust Fund and other !*192 expenses incurred by the Trustee in connection with this Agreement !*193 shall be paid by the District.

s(193)

SECTION 2.06.

Annual Valuation. The Trustee annually, on 8195 the first business day of each calendar year, shall valuate the (195) i amounts on deposit in Trust Fund and shall furnish to the District *196 and to the NRC a statement setting forth such valuation.

Any securi- $ 197 ties in the Trust Eund shall be valued at market value as of no more s198 than 30 days prior to the date of valuation.

The failure of the #199 District to object in writing to the Trustew within 90 days after the *200 statement has been furnished to the District and the NRC, shall con-8201 stitute a conclusively binding assent bJ the District, barring the =202 District from asserting any claim or liability against the Trustee s203 with respect to the matters disclosed in such statement.

=(203)

EECTION 2.07.

Transfer of Funds after all Payments $205 Required by this Agreement are Made. Af ter all of the transfers by * (205) the Trustee for Cost of Decommissioning have been made, all remaining #206,2 amounts in the Trust Fund shall, at the request of the District, be #208,2 transferred to the District by the Trustee.

• 210 1

7-

$14 91414.799.1064.01:4 8(14) l l

F F

i

• s ARTICLE III

• 211 l

CONCERNTNG THE TRUSTEE (211) r EECTION 3.01.

Appointment of Trustee. The District s213 hereby appoints as Trustee under this s214 Agreement.

s(214)

EECTION 3.02.

Acceptance by Trustee. By execution of *216 this Agreement, the Trustee accepts the duties and obligations as *217 Trustee hereunder.

The Trustee further represents that it has all a218 requisite power, and has taken all corporate action necessary, to *219 execute and perform its duties hereunder.

• (219)

EECTION 3.03.

Liability of Trustee. (a)

The T r u s t e e

• 2 21 shall not be liable in connection with the performance of its duties *222 hereunder except for its own negligence or willful misconduct.

The W(222) t-Trustee shall not be liable for any loss resulting from any invest- *223 ment made pursuant to the terms and provisions of this Agreement at a224 the written direction of the District.

The Trustee shall have no *225 lien, security interest or right of set-of f whatsoever upon any of * (225) the moneys or investments in the Trust rund for the payment of fees $226 and expenses for services rendered by the Trustee under this #227

1. (227)

Agreement.

Ib) So long as the Trustee applies the amounts on deposit #229,2 in the Trust Fund and complies fully with the terms of this #231,2 Agreement, the Trustee shall not be liable for any deficiencies in *233 the amounts necessary to pay the Cost of Decommissioning.

The #234,2 l

l

. *14 91414.799.1064.01:4 6(14) i

e l

?

Trustee may rely on any statement which may be contained in a 3236 certificata, nntice,' request, divertion, order or other papar nr dne- *(216) ument signed by an Authorized Officer of the District.

• (236) ic) The Trustee undertakes to perform such duties and only 0238 f

such duties as are specifically set forth in this Agreement and no *239,2 implied covenants gr obligations shall' be read into this Agreement s241 I

against the Trustee.

• (241) id) The Trustee shall be under no obligation to inquire 6243 into or be in any way responsible for the performance or nonperform- *244 i

ance by the District gf any of its obligations with respect to the a245 Cost of Decommissioning.

• (245)

EECTION 3.04.

Successor Trustee. (a) The Trustee, at the s247 time acting hereunder, may at any time resign and be discharged f rom 8248 the trusts hereby created by giving not less than sixty (60) days' s249 written notice to the District, but no guch resignation shall take s250,2 ef f ect unless a successor Trustee shall have been appointed by the 6253,2 District es hereinafter provided and such successor Trustee shall #255 have accepted such appointment, in which event guch resignation shall #256 take effect immediately upon the appointment and acceptance of a suc- #257 cessor Trustee.

• (257)

Ib)' In the event the Trustee hereunder shall resign or be *259 temoved, or be dissolved, or shall be in the course of dissolution or #260,2 liquidation, or othervise become incapable of acting hereunder, or in #262 case the Trustee shall be taken under the control of any public 4263 *14 91414.799.1064.01:4

• (14)

T

n

=

4 officer'or officers, or of a receiver appointed by a court, a *204 successor may be appointed by the District.

(,.64) 9 ic) In the event that no appointment of a successor Trustee s266,2 or a temporary successor Trustee shall have been gede by the District a268 pursuant to subsection (b) gf this Section within sixty (60) days *269,2 af ter Written notice of resignation of hhe Trustee has been given to 3271,2 the District, the retiring Trustee may apply to any court of = compe-8273,2 1

tent jurisdiction for the appointment of a successor Trustee and such

• 276,2 court may thereupon, after such notice, if any, as it shall deem *278

• 279 proper, appoint such successor Trustee.

Id) No successor Trustee shall be appointed unless_such s281,2

- successor Trustee shall be a corporation with trust p.owers organized 8283 under the banking laws of the United States gr any state, and shall *284 have at the time of appointment gapital and surplus of not less than d285.

• (285)

S le) Every successor Trustee appointed hereunder shall exe- #287,2 cute, acknowledge and deliver to its predecessor and to the District, #289 an instrument in writing accepting such appointment hereunder and *290 thereupon such successor Trustee, without any further act, deed or #291 conveyance, shall become fully vested gith all the rights, immuni- #292 ties, powers, trusts, duties and obligations of its predecessor; but #293 such predecesnor shall, nevertheless, on the written request of such #294-successor Trustee or the District, execute and deliver an instrument #295 transferring to such successor Trustee all the estates, properties, #296,2 rights, powers and trusts of such predecessor hereunder; and every #298

1. 14 *(14) 91414.799.1064.01:4

3 f,1 l

p, I

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predecessor Trustee shall deliver all gecurities and moneys held by *299 it to its successor; provided, hnwever, that before any such dalivary :1on is' required to be made, all fees, advances, and expenses of the retir-3 301 ing or removed Trustea shall be paid.

Should any transfer, assign-3 3 02,3

~ ment or instrument in writing from the District be required by any 8304 successor Trustee for core fully and certainly yesting in such suc-s305 j

Leessor Trustee the estatec, rights, powers and duties hereby vested W306 or intended to be vested in the predecessor Trustee, any such trans- #307 for, assignment and instruments in writing shall, on request, be exe-s308 cuted, acknowledged and delivered by the District.

8309

,[f) Any corporation into which the Trustee, or any gucces-a311,3 sor to it in the trusts created by this Agreement, may be merged or =313 converted or with which it or any successor to it may be consoli- =314 dated, or any corporation resulting from any merger, conversion, con-8315 solidation or reorganization to which the Trustee or any successor to #316 it shall be a party ghall, if approved in writing by the District #317 (which approval shall not be unreasonably withheld), be the successor n (317)

Trustee under this Agreement without the execution or filing of any #318,3 paper or any other act on the part of any of the parties hereto, any- #320 thing herein to the contrary notwithstanding.

1. (320)

SECTION 3.05.

Indemnification of Trustee. The District #322 he' reby acnes to indemnify the Trustee and hold it harmless frora any h323 and all claims, liabilities, losses, actions, suits or proceedings at #324 law or ir equity, or any other expense, fee, or charges of any #325 character or nature, which it may incur or with which it may be #326

,11-

1. 14 91414.799.1064.01:4

1. (14)

l 4

~.

threatened by-reason of its acting as Trustee under this 6greement, #327 and in connection therewith to indemnify the Trustee agninnt any and 312A,3 all expenses, including attorney's fees and the cost of defending any e 330 action, suit or proceeding or resisting any claim, including appel-. s 3 31

' late proceedings.

The provisions of this Section shall not apply in *332 the case of the Trustee's own negligence or willful misconduct or d(332) that of their employees or agente.

• (332)

EECTION 3.06.

Payment to Trustee. The Trustee shall be #334 entitled to. payment and/or reimbursement for reasonable fees and for #335

~

its services rendered hereunder and all advances, counsel fees, and 8336,3 other expenses reasonably and necessarily made or incurred by the #338 Trustec in connection with such services, as shall be agreed upon by #(338) the Trustee and the District.

4(338)

SECTION 3.07.

Ir.structions to the Trustee. All orders, =340 requests, and instructions by the District to the Trustee shall be in #341-writing,' signed by an Authorized Officer of the District.

The #342 i

Trustee shall' be fully protected in acting without inquiry in accor-(342) dance with the District's orders, requests and instructions.

Orders, i343,3-i.

L requests or instnictions issued by the NRC to the Trustee shall be in # (344) writing, signed by we ERC, or its designee, and the Trustee shall #345

?

act'and she'.1 be fully protected in acting in accordance with such #346

. orders, requests, gi' instructions.

The Trustee shall have the right #347 to assume, in the gbsence of written notice to the contrary, that no #348 event constituting a change or a termination of the authority of a 4349 person to act on behalf of the District or the NRC, hereunder has #350 #14 91414.799.1064.01:4

1. (14)

Qg

.. q is i

. occurred.

The Trustee.shall have no duty to act-in the absence of s351 p

such orders, requests and instructions f rom the District and/or the *152

~

NRC, except as provided for herein.

1. (352) t

&RTICLE IV

1. 353' Y

MISCELLANEOUS

• (353)-

s EECTION'4.01.

Amendments to this Agreement. This

• 355 Agreement may-be altered or amended by written agreement of-the !s356, Trustee and the District d.

if, in the opinion of c unsel to the le(357

-District, the written consent of the NRC is recuired-by law, the !W357.

written consent to,such alteration or amendment by the NRC

.*358 4

EECTION:4.02._ Severability. If any one or more of the *360

[_ f ovenants'or agreements provided in this Agreement on the part of the #361

' l

, District or the Irustee to be performed should be determined by a 8362 court of gompetent jurisdiction to be contrary to law, such covenant #363 gr agreement shall be deemed and construed to be severable from the #364,3 remaining covenants and agreements herein contained and'shall in no 8366 way affect the validity of the remaining provisions of this #367

1. (367)

-Agreement.

EECTION 4.03.

Agreement Binding. A11 the coye na nts,, #369 e

promises and agreements in this Agreement contained by or on behalf #370 of.the District or by or en behalf of the Trustee shall bind and #371 814

91414.799.1064.01

4 f(14)

,4

,-v

V

+

n a

-Q inure to the benefit of-their respective successors _and assigas, 8372 m373 whether so-expressed or not._

EECTION 4.04.

Termination. This Agreement shall termi- #375-nate when all transfers and payments-required to be made by the *376 Trustee under the provisions-bereof shall have been made unless ter- #377 minated earlier by written agreement of the District and the Trustee #378 o

and upon the consent to such termination by the NRC.

If the District 8(378).

shall cease to exist, this ' Agreement'shall terminate upon the written # 37 9

1. (379) agreement of the Trustee and the NRC.

SECTION 4.05.

Governing Law. Th i s Agreement shall be #381

!*382 governed by the _ applicable laws of the State of Nebraska.

EECTION 4.06.

Notices. Any notices to be given or to be #384 1:385 served upon any party hereto in connection with this Agreement must tue in writing (includina telecopy or similar writinal and may be !*(385 delivered personally when delivered at the address specified below, !#(385 may be telecopici.;when such telecopy is transmitted to the telecopy !s(385 number specified be;1cw and its receipt is acknowledaed or may be sent !#385.

pro- !m386 by certified or registered mail at the address specified below; videdl. that if so mailed, such notices shall be deemed to have been !#387 given and received seventy-two (72) hours after a g.egistered or cer- #388 tified letter containing such notice postage prepaid, is deposited in ! # 389 the-United States mail.l 1Such notice shall be given to the parties l#391 at their following respective addresses or telecopy numbers or at !*392 such other address _or telecopy number as either party may hereaf ter ! # 393

!#394 designate to the other party in writina:l

1. 14 f(14) 91414.799.1064,01:4

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If'to the District:

e397

^

'httention:

c400 Telephone No.:-

e 4 Ol' Ielecopier No.:

1. 402

+

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If to the Trustee:

d405 r

httention:-

s408 Telephone No.:

1. 409 Telecopier No.:

e410

$_ECTION 4.07.

Execution by Counterparts. This Agreement #413 may be 'execated-16 several counterparts, g11 or any1-of which shall be x414 :

I regarded for all purposes as gne originali and shall constitute and be =415 f

but one and the game instrument.

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91414.799.1064.01:4

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IN. WITNESS WHEREOF,.each of the parties hereto has gaused s419,4 thi_n Agreement to : be executed.hy_ itn duly authorized of ficern and its v421

'l corporate seal'to be hereunto affixed and attested as'of the date.s422 p

first above written.

i a(42?)

L-HERRASKA PUBLIC POWER - DISTRICT

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$430 6t 3432

1. 434 Eecre ary 4435 LName of Trustee) 743';

1. 439 (Title)

1. (439).

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1. 14

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x EXHIBIT A 4442 This Agreement demonstrates financial assurance for the s446 f ol l owl:.,, cost estimates for the following licensed activities: 6447 12. S. 11UCLEAR 11AME A11D 8450 BEGULATORY ADDRESS ADDRESS OF COST ESTIMATES FOR REGULATORY :

QOMMISSIOli OF LICEllSED '

ASSURAllCES DEMO!1STRATED BY

=

LICENSE 14UMBEE LICEt1SEE ACTIVITY THIS AGREEMEllT

=

Ihe cost estimates listed here were aSjusted ;;.2 ow v ma s4 58 yy

+h=

""? on (date)._

• (458) s-s G

91114.799.1064.G1:4

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EXilIBIT B

1. 461 4,

CJRTIFICATE OF EVENTji.

1. 463-m

[ Insert name:and address _of Trustee) 4466c 2

E-6ttentions Trust Division 4468 Gentlemen:

1. 4 7 0 l-In.accordance with the terms of the Decommissioning Trust 8472 FundTAgreement dated as of January 1, 19EQ, between Nebraska ' Public ! # 4 7 3 -

' Power; District -(the " District") and as trustee, !#(473

, _ the undersigned, Authorized Officer of the Districto li( 67 3

- hereby certifies' that-the following events have occurred:

!*474 la) The. District is required to commence the decommission- #476

'-ing of Cooper. Nuclear Etation (hereinafter called the #477' decommissioning)._

1. (477)

Ib) The plans and procedures for the commencement and con- #47.9

- duct of the decommissioning have been approved by the United Ctates #480 Nuclear Regulatory Commission, or.its successor, on

1. 481 (copy,of. approval attached).

1. (481) ic) The-Board of Directors of the District has adopted the-i483 attached resolution authorizing the commencement of the #(483) decommissioning.

1. (483)

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buthorized offjeer e487 g..p I.

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1. 490 i

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-;i e ag DECOMMISSIONING RESOLUTION e493

.1, do hereby certify that I am Secretary of #496 Nebraska Public Power District and that the resolution listed below 3497 was. duly adopted at a meeting of the District's Board of Directors on t (4 97)

1. (497)

IN WITNESS WHEREOF, I have hereunto signed _my name and'e498 affixed the seal of the District this day of

1. 499 8502 Eecretary

=503 EESOLVED,_that this Board of Directors hereby authorizes #506 the! President, or such gther employee of the District as he may des-9507 ignate, to commence decommissioning activities at Cooper Nuclear #508 Station in accordance with the terms and conditions described to this #509 s

Board of Directors at this meeting and with such other terms and con- #510 ditions as the President shall approve with and _upon the advice of #511 Counsel.

1. (511) 11414.799.1064.01:4

1. 10

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&CKNOWLEDGEMENT OF TRUSTEE d514

'l ETATE,OF c517 COUNTY OF-4519 On this~

day of be f ore me, a notary 4 52 2 public i n and for the State aforesaid, personally appeared 6523 s

and she/he did depose and say that she/he is the #524 (title), of (

1.' national banking association,. Trustee, #(524) which executed theLabove' instrument, that she/he knows the seal of.#525 said association; that the seal affixed to'such instrument is such #(525) corporate geal; that it was so af fixed by order of the association; #526.

- and.that she/he signed her/his name thereto by like order.

1. 527 i

1. 530

~r

.LSignature of notary public;

":1 My Commission Expires:

1. 533

1. 535 Date:

1. 536 11414.799.1064.01:4

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ACKNOWLEDGEMENT OF THE DISTRICT e539

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1. 542

'S_ TATE OF' NEBRASKA r

1. 544

'QOUNTY OF Qn this day of before me, a notary - #" 47 public in and for the-State aforesaid, personally appeared # 48 and he did depose and say that he is the (title), of #519

[ Nebraska. Public Powe r District), a political subdivision.of the #(549)-

State of Nebraska, whe.ch executed the above instrument, that he knows * ( 54 9 )

the seal of said District; that the seal affixed to such instrument #550

~

m l u' ;the 3;rtrict's geal; that it was so affixed by order of the #551 7:

District; and that he signed his name thereto by lik.: order.

1. 552 h.

1. 555 1 Signature of.mtary public]

1. 556 tiy Commission Expires:

1. 558 i

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1. 560 l

1. 561 Qate:

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1. 10

-11414.799.1064.01:4

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