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Home My WebLink AboutNCS000349_NameOwnership Change request_20090528 Paul,Hastings,Janofsky&Walker LLP Pau I Hastings 875151h Street,N.W. Washington,DC 20005 telephone 202-551-1700-facsimile 202-551-1705-www.paulhastings.com Mania (202) 551-1709 Beijing �'12 Brussels jeffreyallmon@paulhastings.com 51q t-' Chicago F Frankturl m ` i" Hong Kong May 22, 2009 � 74130.00002 London Los Angeles Milan VIA UPS New York Orange County Pala Ailo Paris North Carolina Department of Environment and Natural Resources San Diego Division of Water Quality, Surface Water Protection Section San Francisco Shanghai Attn: Sarah Yong Tokyo 1617 Mail Service Center Washington,DC Raleigh, NC 27699-1617 Re: NPDES Stormwater Permit Transfers for Lumberton Power,LLC and Elizabethtown Power,LLC Dear Ms. Young: Enclosed you'll find two applications for Permit Name/Ownership Changes for Lumberton Power,LLC (NC0000349), and Elizabethtown Power,LLC (NC0000352), held by North Carolina Power Holdings,LLC. Also enclosed is a copy of the executed Asset Purchase Agreement by which Lumberton Energy, LLC and Elizabethtown Energy, LLC will take ownership of the facilities covered by the aforementioned permits. Please do not hesitate to contact us if you have any questions about these applications and the accompanying agreement. Sincerely, effrey S. Allmon for PAUL, HASTINGS,JANOFSKY &WALKER LLP JSA LEGAL US W##6182-5421.1 WAI O'�,r-� fi+ Beverly)raves Perdue,Govemot 0 "^t. -,O ti v Dee Freeman,Secretary DLIG North Carolina Department of Fa-svironme[it and Natural Resources Coleen 11.Sullins,Director s Division of Water Quality [•"1: -��'t�+'u� ffiw� TOW e i� t �7 :, j, j 3• .:,.t. F :B r [ •�� c I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage j, 0 0 0 L 31 41 9 1C II. Permit status prior to status change. a. Permit issued to(company name): North Carolina Power Holdi.n. s LLC b. Person legally responsible for permit: James G. _ Utt First Mt Last Qba_i and �FYJ Title S.R. 2202 Pennit Holder Mailing Address Lumberton NC 28359 City State Zip ( 301) 320-3944 (910 )738-8854 Phone Fax c, Facility name(discharge); Lorton Power, LTC d. Facility address: S.R. 2202 Address Lumberton NC 28359 City State Zip e. Facility contact person: Ej.ck Holier ( ()10 ) 738-87A First /MI/Last Phone OL Please provide the following for the requested change(revised permit). a. Request for change is a result of: Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to(company name): erton EngrW.iLLC c. Person legally responsible for permit: James G. Utz; First MI Last President Title S.R. 2202 Permit Folder Mailing Address Lumberton NC 28359 City State Zip ( 301 ) 329--3944 jamtt@ccmcast.net Phone E-mail Address d. Facility name(discharge): Lumberton IJaeKgy, LLC e. Facility address: S.R. 2202 Address Lumberton NC 28359 City State Zip f. Facility contact person: Rick. Houser First MI Last .CM Phone E-mail Address Revised 112009 PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 I !, Permit contact information (if different from the person legally responsible for the permit) Permit contact: First Ml Last Title Mailing Address City State Zip Phene E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Yes No(please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill of sale) is rectu_ired for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ....................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request,the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION(Permit holder prior to ownership change): 1, *_ ,attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. * Jam G. Utt Al _T Signature —� Date - APPLICANT CERTIFICATION 1, * ,attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. James G. Utt 4",C/, Signature Date ..................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO.- Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 112009 Case 08-01789-8-ATS Doc 297 Filed 04/01/09 Entered 04/01/09 83 ASSET PURCHASE AGREEMENT BY AND AMONG LUMBERTON ENERGY,LLC and ELIZABETHTOWN ENERGY, LLC, as Purchasers, and NORTH CAROLINA POWER HOLDINGS, LLC LUMBERTON POWER,LLC and ELIZABETHTOWN POWER, LLC, as Sellers Dated as of March 2009 LEGAL-US E#82611875.8 Case 08-01789-8-ATS Doc 297 Filed 04/01/09 Entered 04/01/09 15:45:10 Page 82 of 83 The parties hereto set their signatures this day of March,2009. North Carolina Power Holdings,LLC By: 1 07,//ff Name: es G.Utt Title: CEO Lumberton Power,LLC By: r Name:Jwies G.Utt Title: CEO Elizabethtown Power,LLC By: ct".� ,A (_ Name: James G.Utt Title: CEO Official Committee of Unsecured Creditors of North Carolina Power Holdings,LLC,et.al. By: Name: Title: Del Mar Onshore Partners,LLP,as Agent and Lender and on behalf of Atalaya Funding II LP and Del Mar Offshore Fund,Ltd By: Del ar�S�ervices,LL , its General partner B v' Y Na e• ;�t�_ ��6�1 Title: (� � - t� - Z�r9- 30* `e LL<, [Signature page to Agreement] Case 08-01789-8-ATS Doc 297 Filed 04/01/09 Entered 04/01/09 15:45:10 Page 83 of 83 The��,trltes'h�cet�`Sri Heir signatres tits . �}ufl4iart'�,;Zf�7 Narfh,±Garrtita�t_Po�er IlCJ:i ing�l,l,�} 1 ar i2::Jat i s`. icUt 7.u�esl�r€i�u ,P�wer,lvyC:' Nsrni: OOS-G4 utr :Ftut>h'tYtu;{'i►�vcir�LGC:` $y C;ft'ec�a[ ntfic u iw C. rea'�ara:;nY' v o W 19ar t kohore !'arthsr I.1 . } 77- Lender ibi3 ba AOW—O'Ats1 S Fni ndlq&R. ' and llcl i�7a PIT$ �rre F�cnd,LC�: l3jr � !iVlarar+�ie .s,TC�.it'sc�yfl p6tbjea B}_ .1►�irie:�_ . 1`•itle, j;Sona r�- *--A�r�srrr fj `DoF w arFRQG Beverly Eaves Perdue,Governor r Dee Freeman,Secretary �_ North Carolina Department of Environment and Natural Resources O C Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C I S 10 10 10 13 1 N I C I G II. Permit status arlor to requested change. _ a. Permit issued to(company name): A" _ .Fa,,Tk� b. Person legally responsible for permit: (1, 1 First MI Last C E-a Title Permit Holder Mailing,AAaddress City State Zip Phone Fax c. Facility name(discharge): Lt&vv 6e- e� ?eA&wa=. L[-C d. Facility address: 6- aeS / Address /UGC 12 B3.s8 City State Zip e. Facility contact person: First /Ml/Last Phone III. Please provide the following for the requested change(revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to(company name): c. Person legally responsible for permit: First MI Last Title Permit Holder Mailing Address City State Zip Phone E-mail Address d. Facility name (discharge): e. Facility address: Address City State Zip f. Facility contact person: First MI Last Phone E-mail Address Revised 8/2008 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information(if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ❑ Yes ❑ No(please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or a bill of sale)is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .................................................................................................................. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request,the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION(Permit holder prior to ownership change): I, ,attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included,this application package will be returned as incomplete. Signature Date ................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 712008 nr�G r� l2 "� ale 7 �s 7. 17 6- 7q ��;:� _ rya� ,.... Co►.,,f�.f 7r�. 333 , o7rS'