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Entergy Corp/DE, et al. – ‘10-K’ for 12/31/04 – EX-10

On:  Thursday, 3/10/05, at 7:49pm ET   ·   As of:  3/11/05   ·   For:  12/31/04   ·   Accession #:  65984-5-147   ·   File #s:  0-05807, 1-08474, 1-09067, 1-10764, 1-11299, 1-27031, 1-31508

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  As Of                Filer                Filing    For·On·As Docs:Size

 3/11/05  Entergy Corp/DE                   10-K       12/31/04   51:6.7M
          System Energy Resources Inc
          Entergy New Orleans Inc
          Entergy Mississippi Inc
          Entergy Louisiana Inc
          Entergy Arkansas Inc
          Entergy Gulf States Inc

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   4.71M 
 2: EX-4        Instrument Defining the Rights of Security Holders  HTML    189K 
 3: EX-4        Instrument Defining the Rights of Security Holders  HTML     21K 
 4: EX-4        Instrument Defining the Rights of Security Holders  HTML    117K 
 5: EX-10       Material Contract                                   HTML     31K 
 6: EX-10       Material Contract                                   HTML     25K 
 7: EX-10       Material Contract                                   HTML     22K 
 8: EX-10       Material Contract                                   HTML     21K 
 9: EX-10       Material Contract                                   HTML     22K 
10: EX-10       Material Contract                                   HTML     27K 
11: EX-10       Material Contract                                   HTML     40K 
12: EX-10       Material Contract                                   HTML     31K 
13: EX-10       Material Contract                                   HTML     21K 
14: EX-10       Material Contract                                   HTML     29K 
15: EX-10       Material Contract                                   HTML     31K 
16: EX-10       Material Contract                                   HTML     23K 
17: EX-10       Material Contract                                   HTML     21K 
18: EX-10       Material Contract                                   HTML     33K 
19: EX-10       Material Contract                                   HTML     31K 
20: EX-10       Material Contract                                   HTML     31K 
21: EX-10       Material Contract                                   HTML     31K 
22: EX-12       Statement re: Computation of Ratios                 HTML     32K 
23: EX-12       Statement re: Computation of Ratios                 HTML     32K 
24: EX-12       Statement re: Computation of Ratios                 HTML     33K 
25: EX-12       Statement re: Computation of Ratios                 HTML     34K 
26: EX-12       Statement re: Computation of Ratios                 HTML     37K 
27: EX-12       Statement re: Computation of Ratios                 HTML     29K 
28: EX-21       Subsidiaries of the Registrant                      HTML     18K 
29: EX-23       Consent of Experts or Counsel                       HTML     17K 
30: EX-24       Power of Attorney                                   HTML     44K 
31: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
32: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
33: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
34: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
35: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
36: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
37: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
38: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
39: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
40: EX-31       Certification per Sarbanes-Oxley Act (Section 302)  HTML     21K 
41: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
42: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
43: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
44: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
45: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
46: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
47: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
48: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
49: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
50: EX-32       Certification per Sarbanes-Oxley Act (Section 906)  HTML     17K 
51: EX-99       Miscellaneous Exhibit                               HTML    173K 


EX-10   —   Material Contract


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



Exhibit 10(d)24

FOURTH AMENDMENT TO

DECOMMISSIONING TRUST FUND AGREEMENT

This Fourth Amendment to Decommissioning Trust Agreement ("Fourth Amendment") made effective as of the 17th day of December, 2003, by and between Entergy Gulf States, Inc. (the "Company") and Mellon Bank, N.A. (the "Successor Trustee").

WHEREAS, on March 15, 1989, the Company 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. 1 of the River Bend Steam Electric Generating Station; 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, the Company and Trustee entered into Amendment No. 1 to Decommissioning Trust Agreement (the "First Amendment"), adding Section 2.11, "Additional Regulatory Requirements," to the Trust Agreement; and

WHEREAS, as of November 1, 1995, in connection with the appointment of Mellon Bank, N.A. as Successor Trustee, the Company and the Successor Trustee entered into the Second Amendment to Decommissioning Trust Agreement (the "Second Amendment); and

WHEREAS, effective as of March 5, 1998, in connection with the promulgation of certain rules by the Public Utility Commission of Texas, the Company and the Successor Trustee entered in the Third Amendment to Decommissioning Trust Agreement ("Third Amendment"); and

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 to comply with any order or requirement of a regulatory authority having jurisdiction over the Company's nuclear decommissioning reserve funds; and

WHEREAS, the Company and the Successor Trustee wish to amend the Agreement in order to comply with certain changes in applicable regulations of the Nuclear Regulatory Commission ("NRC"); and

WHEREAS, the parties hereby each warrant and represent to the other that it has full authority to enter into this Fourth Amendment upon the terms and conditions hereof and that the individual executing this Fourth Amendment on its behalf has the requisite authority to bind the parties to the Agreement.

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

  1. The representations set forth above are incorporated herein by this reference thereto.
  2. The following Section 4.06 shall be added:

Notice Regarding Disbursements or Payments. Notwithstanding anything to the contrary in this Agreement, except for (i) payments of ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and Successor Trustee expenses) in connection with the operation of the Trust Fund, (ii) withdrawals being made under 10 CFR 50.82(a)(8), and (iii) transfers between Qualified and Nonqualified Funds in accordance with the provisions of this Agreement, no disbursement or payment may be made from the Trust Fund until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the Trust Fund, if it is otherwise in compliance with the terms and conditions of this Agreement, may be made following the 30-working day notice period if no written notice of objection from the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, is received by the Successor Trustee or the Company within the notice period. The required notice may be made by the Successor Trustee or on the Successor Trustee's behalf. This Section 4.05 is intended to qualify each and every provision of this Trust Agreement allowing distributions from the Trust Fund, and in the event of any conflict between any such provision and this Section, this Section shall control.

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

Authorized Signer of:                                                             Authorized Officer of:

MELLON BANK, N.A.                                                         ENTERGY GULF STATES, INC.

 

By: /s/ Joyce L. Root                                                             By: /s/ Steven C. McNeal
Name: Joyce L. Root                                                            Name: Steven C. McNeal
Title: Vice President                                                             Title: V P and Treasurer
Date:  December 17, 2003                                                    Date:  December 15, 2003


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed as of:3/11/05
Filed on:3/10/054,  8-K,  PRE 14A
For Period End:12/31/0411-K,  4,  U-9C-3,  U5S
12/17/033,  U-1/A
12/15/03
3/5/98
11/1/95
4/8/92
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Filing Submission 0000065984-05-000147   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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