) ) AGS. IN THE UNITED STATES COURT OF APPfA&f\ I44\( THE DISTRICT OF COLUMBIA LUMINANT GENETION COMPANY LLC, OAK GROVE MANAGEMENT )
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1 THE DISTRICT OF COLUMBIA LUMINANT GENETION COMPANY _a V JOLUMBIA I CIRCUIT FILED IN THE UNITED STATES COURT OF APPfA&f\ I44\( Protection Agency s ( EPA final rule entitled Carbon Pollution Emission Luminant Petitioners file this petition for review of the U.S. Environmental Company LLC, and Luminant Big Brown Mining Company LLC (collectively, Power Company LLC, Big Brown Lignite Company LLC, Luminant Mining Grove Management Company LLC, Big Brown Power Company LLC, Sandow the Clean Air Act, 42 U.S.C. 7607(b, Luminant Generation Company LLC, Oak Pursuant to Federal Rule of Appellate Procedure 15 and section 3 07(b of PETITION FOR REVIEW PROTECTION AGENCY and GINA Environmental Protection Agency v. COMPANY LLC, BIG BROWN POWER CL.EF( COMPANY LLC, SANDOW POWER COMPANY LLC, BIG BROWN LIGNITE COMPANY LLC, LUMINANT MINING COMPANY LLC, and LUMINANT BIG 1 q5 LLC, OAK GROVE MANAGEMENT BROWN MINING COMPANY LLC Case No. Petitioners, UNITED STATES ENVIRONMENTAL McCARTHY, Administrator, United States Respondents. USCA Case # Document # Filed: 10/26/2015 Page 1 of 8 AGS
2 USCA Case # Document # Filed: 10/26/2015 Page 2 of 8 Guidelines for Existing Sources: Electric Generating Units and issued on October 23, 2015 ( Final Rule. See 80 Fed. Reg. 64,662 (October 23,
3 USCA Case # Document # Filed: 10/26/2015 Page 3 of 8 Dated: October 26, 2015 Respejy sub d, ounsel &r P&itioners Counselfor Petitioners: P. Stephen Gidiere Ill Thomas L. Casey III Julia B. Barber Balch & Bingham LLP th Ave. N., Ste Birmingham, Alabama sgidierebalch.com Stephanie Z. Moore Vice President and General Counsel Luminant Generation Company LLC 1601 Bryan Street 22nd Floor Dallas, Texas Daniel J. Kelly Vice President and Associate General Counsel Energy Future Holdings Corp Bryan Street 43rd Floor Dallas, Texas
4 USCA Case # Document # Filed: 10/26/2015 Page 4 of 8 LPJflE UNITED STATES COURT OF APPEAL 5FOR THE DISTRICT OF COLUMBIA UM8 c;r 7ILED[ET 2] CIRCU ENERATION COMPANY CLERK LLC, OAK GROVE MANAGEMENT COMPANY LLC, BIG BROWN POWER COMPANY LLC, SANDOW POWER COMPANY LLC, BIG BROWN LIGNITE COMPANY LLC, LUMINANT MINING COMPANY LLC, and LUMINANT BIG BROWN MINING COMPANY LLC Case 1 No. Petitioners, 86 v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and GINA McCARTHY, Administrator, United States Environmental Protection Agency Respondents. RULE 26.1 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1 and Circuit Rule 26.1, Petitioners Luminant Generation Company LLC et al., submit the following corporate disclosure statement: Luminant Generation Company LLC ( Luminant, a Texas limited liability company, is the legal entity that owns numerous Luminant generation facilities and assets associated with Luminant s competitive power generation business in the State of Texas. Oak Grove Management Company LLC ( Oak Grove, a
5 USCA Case # Document # Filed: 10/26/2015 Page 5 of 8 Delaware limited liability company, is the legal entity that owns Oak Grove Power Plant in Robertson County, Texas. Big Brown Power Company LLC ( Big Brown, a Texas limited liability company, is the legal entity that owns Big Brown Power Plant in Freestone County, Texas. Sandow Power Company LLC ( SPC, a Texas limited liability company, is the legal entity that owns Sandow Unit 5 Power Plant in Milam, Lee, and Bastrop Counties, Texas. Big Brown Lignite Company LLC ( Big Brown Lignite, a Texas limited liability company, is the legal entity that owns the lignite reserves associated with the Big Brown Power Plant. Luminant Mining Company LLC ( Luminant Mining, a Texas limited liability company, is the legal entity that owns the mine assets utilized in connection with mining lignite used to fuel the Monticello Power Plant and the Martin Lake Power Plant as well as certain mine assets utilized in connection with mining lignite used to fuel the Sandow 4 Power Plant and the Sandow 5 Power Plant. Luminant Big Brown Mining Company LLC ( Luminant Big Brown, a Texas limited liability company, is the legal entity that owns the mine assets utilized in connection with mining lignite used to fuel the Big Brown Power Plant. Luminant, Oak Grove, Big Brown, SPC, Big Brown Lignite, Luminant Mining, and Luminant Big Brown are wholly owned subsidiaries of Luminant Holding Company LLC, which is a Delaware limited liability company and is a wholly owned subsidiary of Texas Competitive Electric Holdings Company LLC
6 USCA Case # Document # Filed: 10/26/2015 Page 6 of 8 ( TCEH. TCEH is a Delaware limited liability company and is a wholly owned subsidiary of Energy Future Competitive Holdings Company ( EFCH, which is a Texas corporation and a wholly owned subsidiary of Energy Future Holdings Corp. ( EFH Corp.. Substantially all of the common stock of EFH Corp., a Texas corporation, is owned by Texas Energy Future Holdings Limited Partnership, which is a privately held limited partnership. No publicly held entities have a 10% or greater equity ownership interest in EFH Corp.
7 USCA Case # Document # Filed: 10/26/2015 Page 7 of 8 Dated: October 26, 2015 Respecubmitt1/ Stephen G iere I Balch&WghamLLP th Ave. N., Ste Birmingham, Alabama sgidierebalch.com
8 USCA Case # Document # Filed: 10/26/2015 Page 8 of 8 CERTIFICATE OF SERVICE Pursuant to Federal Rule of Appellate Procedure 15(c, I hereby certify that I have this day caused the foregoing Petition for Review and Rule 26.1 Certificate of Corporate Disclosure to be served by first-class mail, postage prepaid, on October 26, 2015, upon the following: Loretta E. Lynch Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC John C. Cruden Assistant Attorney General U.S. Department of Justice Environment and Natural Resources Division Law and Policy Section 950 Pennsylvania Avenue, NW Washington, DC The Honorable Gina McCarthy Administrator U.S. Environmental Protection Agency Mail Code 1 lola 1200 Pennsylvania Avenue, NW Washington, DC Correspondence Control Unit Office of General Counsel (2311 U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC Dated: October 26, 2015 Counsel for Petitioners
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