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Pollution Control Facilities.ĚýThis LOAN AGREEMENT, dated as of August 1, 2000, by and between the COUNTY OF XXXXXXX, KENTUCKY, a public body corporate and politic duly created and existing as a County and political subdivision under the Constitution and laws of the Commonwealth of Kentucky, and LOUISVILLE GAS AND ELECTRIC COMPANY, a corporation organized and existing under the laws of Kentucky;

Pollution Control Facilities.ĚýAny such substituted property or fixtures shall, when so substituted, become a part of the Project Facilities. The Company shall also have the right to remove any portion of the Project Facilities, without substitution therefor; provided, that the Company shall deliver to the Trustee a certificate signed by an Engineer describing said portion of the Project Facilities and stating that the removal of such property or fixtures will not impair the character of the Project Facilities as Pollution Control Facilities.

Pollution Control Facilities.ĚýThe Owner Lessor covenants and agrees that it will not materially change (and will exercise all rights, powers, elections and options available to it and any Affiliate under the Project Agreements to prevent any such change to) the character or nature of the use of Pollution Control Facilities from the manner in which such facilities had been used prior to the Closing Date, unless such changed use would constitute a permissible use 39 47 or purpose for which tax-exempt bonds could be issued pursuant to the Tax Reform Act of 1986; provided, however, that the Owner Lessor makes no covenant with respect to any change in character or use by PPL Montana or any sublessee of PPL Montana or any other operator of the Pollution Control Facilities pursuant to the Project Agreements. In addition, the Owner Lessor covenants and agrees that it will not sell or otherwise transfer (other than to PPL Montana) any interest in such Pollution Control Facilities unless (i) the transferee covenants to satisfy the conditions set forth in this Section 8.8 or (ii) the transfer relates to personal property and is exclusively for cash, and the proceeds of which will be expended within six months of the date of receipt on facilities for which tax-exempt bonds could be issued pursuant to the Tax Reform Act of 1986. This Section 8.8 shall not, however, prevent the Owner Lessor or transferee from ceasing to use any Pollution Control Facilities that, in such Person's reasonable judgment, have become obsolete or otherwise uneconomical to continue to use.

Pollution Control Facilities.ĚýThe Steam Generator Blowdown System ("SGBS") treats coolant letdown from the Plant's four steam generators. The major components of the SGBS include blowdown controls and piping for each of the four steam generators, a blowdown flash tank, a blowdown heat exchanger, pumps and blowdown demineralizer vessels and piping, extraction steam lines and associated piping for steam and condensate return to the main condenser, and bypass lines to route condensate to the cooling water system or extraction steam to the a feedwater heater for recovery of usable heat.

Pollution Control Facilities.ĚýThe Pollution Control Facilities at Units 1 and 2 consist of:

Pollution Control Facilities.ĚýVENTURI SCRUBBER SYSTEM The function of the scrubber system is to remove fly ash and sulfur dioxide from the flue gas by washing with recycled liquor. The scrubbers were designed and installed by Combustion Equipment Associates and Inc. Particulate loading in the scrubber gases shall be equal to or less than 0.18 grains per actual cubic foot measured at the reheater outlet condition (equivalent to 0.02 grains per actual cubic foot in the stack). Sulfur dioxide in the scrubbed gases shall be equal to or less than one pound of SO, per million BTU of heat released in the furnace. The design conditions are for a flue gas flow of 1,430,000 cubic feet per minute per unit at 291°F. This system, together with a related monitoring device, is composed of three scrubber trains per unit, each containing a venturi throat, counter current sprays, mist eliminators, recycle tank, recycle pumps, steam coil type reheater, soot blowers, induced draft fan, effluent liquor pumps and lines, and pond return pumps Flue gas first passes down through the venturi throat section-and is thoroughly mixed with the liquor. The liquor drops out into the integral recycle tank with the absorbed ash and some absorbed SO,. Gas then passes upward through sprays and demisters where downward flowing liquor completes the SO2 absorption process. The liquor, again drops out in to the recycle tank. The gas passes on through a reheater before entering the ID fans and exiting out the stack. Spent liquor is pumped to a fly ash slurry disposal pond by effluent liquor pumps and clear water is returned to the recycle tank by the pond return pumps. Each scrubber unit includes all necessary pumps, agitators, all pipe lines interfacing the scrubber together with other unit facilities, other electrical services to the scrubber and associated equipment, and all other necessary equipment.

Pollution Control Facilities.ĚýDynegy may apply for certification of any Improvement, equipment or property as a Pollution Control Facility (“PCFâ€�) which, if granted, will be assessed pursuant to Illinois law and by the Department of Revenue, and not by the local Assessing Officials. Dynegy agrees to provide to the Xxxxxxxxxx County Supervisor of Assessments notice that it intends to file an application for PCF certification Approval of additional pollution control certifications will not reduce the agreed $40,000,000 during the term of this agreement.

Pollution Control Facilities.ĚýNotwithstanding any other provision hereof, the Owner Lessor covenants and agrees that it will not make any modifications to the Facility Interest or take any action which, in and of itself, results in a loss of the exclusion of interest on the Outstanding PCRBs from gross income for federal income tax purposes under Section 103 of the Code. Actions with respect to the Facility Interest shall not constitute a breach by the Owner Lessor of this Section 7.8 in the following circumstances: (i) the Owner Lessor ceases to use or decommissions any portion of the Facility or subsequently repowers such portion of the Facility that is no longer used or decommissioned (but does not hold such portion of the Facility for sale); (ii) the Owner Lessor acts with respect to the Facility in order to comply with requirements under applicable federal, state or local environmental or other laws or regulations; or (iii) the Owner Lessor acts in a manner that Metropolitan Edison Company (i.e. a reasonable provider of electricity of similar stature as Metropolitan Edison Company) would have acted during the term of the Outstanding PCRBs (including, but not limited to, applying new technology). In the event the Owner Lessor acts or anticipates acting in a manner that will cause a loss of the exclusion of interest on the Outstanding PCRBs from gross income for federal income tax purposes, the Owner Lessor shall give prompt written notice to such effect. The Owner Lessor further covenants and agrees that, in the event that the Owner Lessor transfers any portion of the Facility Interest, the Owner Lessor shall obtain from its transferee a covenant and agreement that is analogous to the Owner Lessor's covenant and agreement pursuant to this Section 7.8, including this sentence. In addition, the Owner Lessor shall not, without at least 60 days' advance written notice to Metropolitan Edison Company, take any action which would result in (x) a change in the PCRB Assets from the use for which such PCRB Assets were originally intended or (y) a sale of such assets separate from the generating assets to which they relate. No notice of the events set forth in clause (i), (ii) or (iii) above will be required pursuant to this Section 7.