Wilmer Forrest Trimble, Jr., A/K/A Wilmer Forrest Tremble, Jr., Sharon Trimble Donaldson, Selia Trimble Shawkey, and Billie J. Murphy Tremble v. Luminant Mining Company LLC

Opinion

FfUIB IN The §6Uftsf Appeals RECEIVED \H Sixth DfStffet The Court of Aopeals Sixth District 1 9 2015 MAY 1 9 2015 No. 2014-402 Texarkana, W$m$ Texarkana, Texas . - Debra K.*iift^,<Qtate Debra Autrey, ClerK Billie Murphy TPvEMBLE, Sharon § In The District Court Trimble Donaldson, Selia Trimble § Shawkey and Wilmer Forrest Tremble, § Jr., § Plaintiffs, § § Of Rusk County, Texas

§ Luminant Mining Company LLC, Energy § Future Holdings Corp. and Subsidiaries § iTH Defendants. 8 4 Judicial District

NOTICE OF SUGGESTION ON PENDENCY OF BANKRUPTCY FOR ENERGY FUTURE HOLDINGS CORP., ETAL. AND AUTOMATIC STAY OF PROCEEDINGS

PLEASE TAKE NOTICE that, on April 29, 2014, Energy Future Holdings Corp. and

certain of its subsidiaries and affiliates (collectively, the "Debtors"),1 including Luminant Mining Company LLC, filed voluntary petitions for relief under chapter 11 of title 11 of the United

States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of

Delaware (the "Bankruptcy Court""). The Debtors' chapter 11 cases are pending before the

Honorable Judge Sontchi, United States Bankruptcy Judge, and are being jointly administered

under the lead case In re Energy Future Holdings Corp., Case No. 14-10979. A copy of the

voluntary petition of the lead Debtor, Energy Future Holdings Corp., is attached hereto as

Exhibit A.

PLEASE TAKE' FURTHER NOTICE that pursuant to section 362(a) of the

Bankruptcy Code, the Debtors' filing of their respective voluntary petitions operates as a stay,

1 The last four digits of Energy Future Holdings Corp.'s tax identification number are 8810. The location ofthe Debtors' service address is 1601 Bryan Street, Dallas, Texas 75201. A complete list of the Debtors is provided in Schedule 1 of the chapter 11 petition attached hereto as Exhibit A.

2

applicable to all entities, of, among other things: (a) the commencement or continuation of a

judicial, administrative, or other action or proceeding against the Debtors (i) that was or could

have been commenced beforethe commencement of the Debtors' cases; or (ii) to recover a claim

against the Debtors that arose before the commencement of the Debtors' cases; (b) the

enforcement, against the Debtors or against any property of the Debtors' bankruptcy estates, of a

judgment obtained before the commencement of the Debtors' cases; or (c) any act to obtain

possession of property of or from the Debtors' bankruptcy estates, or to exercise control over

property of the Debtors' bankruptcy estates.2 No order has been entered in the bankruptcy case

granting relief from the automatic stay with respect to the above-captioned proceeding.

PLEASE TAKE FURTHER NOTICE that additional information regarding the status

of the Debtors' chapter 11 cases may be obtained by (i) reviewing the docket of the Debtors'

chapter 11 cases at http://www.deb.uscourts.gov/ (PACER login and password required) or at the

website of the Debtors' proposed claims and noticing agent at http://www.efhcaseinfo.com, or

(ii) contacting any of the following proposed co-counsel for the Debtors:

Chad J. Husnick Brian E. Schartz Kirkland & Ellis LLP Kirkland & Ellis LLP 300 North LaSalle 601 Lexington Avenue Chicago, Illinois 60654 New York, New York 10022 (312)862-2009 (212)446-5932

Mark D. Collins Daniel J. DeFranceschi Jason M. Madron Richards, Layton & Finger, P.A. 920 North King Street Wilmington, Delaware 19801 (302)651-7700

2 Nothing herein shall constitute a waiver of the right to assert any claims, counterclaims, defenses, rights of setoff or recoupment or any other claims of the Debtors against any party to the above-captioned case. The Debtors expressly reserve the right to contest any claims which maybe asserted against theDebtors.

Respectfully Submitted,

Jackson, Sjoberg, McCarthy & Townsend, LLP

David E. Jackson State Bar No. 10458500 ujackson@jacksonsjoberg.com

Marc O. Knisely State Bar No. 116114500 mknisely(ffjjacksonsjoberg.com

711 W. 7th Street Austin TX 78701 (512)472-7600 (512) 225-5565 FAX

By:. [(fam^eX <-

David E. Jackson

ATTORNEYS FOR DEFENDANT LUMINANT MINING COMPANY LLC :;ik'^. ^DatedrJanuary 7 , 2015 *'

-3-

. --• ••"•*•—"*-"-Mf •' -r-i ¥.-*..-.—-

4

CERTIFICATE OF SERVICE

I, David E. Jackson, certify that on the T^day of January, 2015, caused to be served, as shown below, a true and correct copy of the foregoing Notice of Suggestion on Pendency of Bankruptcyfor Energy Future Holdings Corp., et al. and Automatic Stay ofProceedings, on the parties listed below.

Billie J. Murphy Tremble 2806 Evans Street Marshall, Texas 75670 Via regular mail and Certified Mail, RRR 70132250000048069281

Sharon Trimble Donaldson 2010WineberryDr Katy, TX 77450 Via regular mail and Certified Mail, RRR 70121010000343826211

Selia Trimble Shawkey 712 South 37th Street San Diego, CA 92113 Via regular mail and Certified Mail, RRR 70121010000343826228

Wilmer Forrest Tremble, Jr. 3614 Sheldon Pearland, TX 77584 Via regular mail and Certified Mail, RRR 70121010000343826303

David E. Jackso

5

EXHIBIT A

Voluntary Petition of Energy Future Holdings Corp.

. Under Chapter 11 of the Bankruptcy Code

Case 14-10979 Doc 1 Filed 04/29/14 Page 1 of 29 Bl {Official Form 1) (04/13)

United States Bankruptcy c o u r t D i s t r i c t o r Delaware -= "j ^*!?"-r-'71'-KV-=- =:-~ - ': -"^.^^^WJ^""'*1«V1R*:"lC""^r*^?pSl:-"'-'"!-"'[''•'. -'-"• Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Energy Future Holdings Corp. All Other Names used by the Debtor in the last 8 years AH Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Sec Rider 1 (include married, maiden, and trade names);

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITJNyComplete FTN Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITTNyComplete EIN (if more than one, state all): XX-XXXXXXX (if more than one, state all): Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State): Energy Plaza 1601 Bryan Street Dallas, Texas fclPCOPE 7520l| [ZIP COPE County of Residence or of the Principal Place of Business: Dallas County of Residence or of the Principal Place of Business: Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):

{SIP CODE __ j [ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above):

|ZIP CODE Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which the (Form of Organization) (Check one box.) Petition is Filed (Chock one box.)

(Check one box.)

• Health Care Business • Chapter 7 • Chapter IS Petition for D Individual (includes Joint Debtors) • Single Asset Real Estate as defined in 11 D Chapter 9 Recognition of a Foreign See Exhibit D on page 2 ofthis form. U.S.C. § 101(51B)

H Chapter 11 Main Proceeding Corporation (includes LLC and LLP) • Railroad Partnership • Stockbroker • Chapter 12 • Chapter 15 Petition for • Chapter 13 Recognition of a Foreign Other (If debtor is not one of the above entities, • Commodity Broker Norma in Proceeding check this box and state type of entity below.) • Clearing Bank B Other: Energy Chapter IS Debtors Ta«-E*empt Entity Nature o( Debts (Check box, if applicable.) (Check one box.)

Country of debtor's center of main interests:

Debtor is a tax-exempt organization Debts are primarily consumer Debts are Each country in which a foreign proceeding by, under title 26 of the United States Code debts, defined in 11 U.S.C. § primarily regarding, or against debtor is pending: 101(8) as "incurred by an (the Internal Revenue Code). business individual primarily for a debts. personal, family, or household purpose"

Filing Fee (Check one box.) Chapter 11 Debtors S Full Filing Fee attached. Check one box:

D Debtor is a small business debtor as defined in 11 U.S.C. § 101(5ID).

• Filing Fee to be paid in installments (applicable to individuals only). Must E Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).

attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Check if: Official Form 3A. O Debtor's aggregate nonconlingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (amount subject to adjustment • Filing Fee waiver requested (applicable to chapter 7 individuals only). on 4/01/16 and every throe years thereafter,).

Must attach signed application for the court's consideration. See Official Form 3B. Check nil applicable boxes:

• A plan is being filed with this petition. Q Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b).

S ta tis ti c al/A d mi n is (rativ e In forma tion THIS SPACE IS IS) Debtor estimates that funds will be available for distribution to unsecured creditors. FOR COURT USE • Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for ONLY distribution to unsecured creditors.

Estimated Number of Creditors (on a consoli dated basil) D D a • • D D • 1-49 50-99 100-199 200-999 1,000-5,000 5,001- 10.001- 25,001-50.000 50.001- O-cr 10.000 25,000 100,000 100,000 Estimated Assets (on a consolidated basis) • • • O D a • a D SO to SS0,001 to SI00,001 to S500.001 SI,000.001 SI 0,000,001 S50.000.001 SI 00,000,001 S500.000.001 More than SSO.OOO S! 00,000 S5 00.000 to SI to $10 toSSO to SI00 1OS50O million to SI billion SI billion million million million million Estimated Liabilities (on a consolidated basis) O D • a • D D a D $0to 550,001 to SI 00,001 to SS00.001 to $1,000,001 SI 0.000,001 S50.000.001 si 00,000,001 S 5 00,000.001 More than 450,000 5100,000 5500,000 SI million toSlO toSSO toSlOO to S500 to SI billion SI billion million million million million

Case 14-10979 Doc 1 Filed 04/29/14 Page 2 of 29 Bl (Official Form 0(04/13) Page 2 Voluntary Petition Name of Deblor(s): (This page mvst be completed andfiled in every case.) Energy Future Holdings Corp.

All Prior Bankruptcy Cases Filed Within Lasts Years (If more than two, attach additional sheet.)

Location Case Number: Date Filed: Where Filed:

Location Case Number: Date Filed: Where Filed:

Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.)

Name of Debtor: See attached Schedule 1 Case Number Date Filed: District: District of Delaware Relationship: Judge:

Exhibit A Exhibit B (To be completed if debtor is required to file periodic reports (e.g., forms tOK and (To be completed if debtor is an individual 10Q) with the Securities and Exchange Commission pursuant to Section 13 or whose debts are primarily consumer debts.) 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, I], 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter. 1 further certify that I have delivered to the debtor the notice required by 11 U.S.C. § 342(b).

Exhibit A is attached and made a part of this petition Signature of Attorney forDebtors) (•?.?'*;?, Exhibit C Does Ihedebtorownor have possession of any property that posesor is allegedto pose a threat of imminentand identifiable harm to publichealthor safety? • Yes, and Exhibit C is attached and made a part of this petition S No, and Exhibit C is attached with further comments.

Exhibit D (To be completed by every individualdebtor. If a joint petition is filed, eacb spouse must complete and attach a separate Exhibit D.) D Exhibit D, completed and signed by the debtor, is attached and made a part of this petition. If this is a joint petition: D Exhibit D, also completed and signed by ihc joint debtor, is attached and made a part of this petition.

Information Regarding the Debtor - Venue (Check any applicable box.)

D Debtor has beendomiciled or has had a residence, principal placeof business, or principal assets in this District for 180days immediately preceding the date ofthis petition or for a longer part of such 180 days than in any other District.

O There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. D Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United Slates in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in [his Distt ict.

Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.)

• Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)

(Name of landlord that obtained judgment)

(Address of landlord)

O Debtorclaimsthat underapplicablenonbankruplcy law,there are circumstances under whichthe debtorwouldbe permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and D Debtorhas included with this petitionthe depositwiththe court of any rem that would becomedue duringthe 30-day periodafter the filingof the petition.

n Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)).

Case 14-10979 Doc 1 Filed 04/29/14 Page 3 of 29

Bl (Official Form 1) (04/13) Page 3 Voluntary Petition Name of Debtov(s): (This page must be completed andfiled in every case.) Energy Future Holdings Corp.

Signatures

Signature^) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative

I declare under penalty ofpcrjuiy that the information provided in this petition is 1 declare under penally of perjury that the information provided in this petition is true and correct. true and correct, that 1 am the foreign representative of a debtor in a foreign [If petitioner is an individual whose debts arc primarily consumer debis and has proceeding, and thai 1 am authorized to file this petition. chosen to file under chapter 7J I cm aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each (Check only one box.) such chapter, and choose to proceed under chapter 7. D I request relief in accordance with chapter 15 of title 11, United States Code [if no attorney represents me and no bankruptcy petition preparer signs the Certified copies of the documents required by 11 U.S.C. § 1515 are attached. petition] I have obtained and read the notice required hy 11 U.S.C. § 342(h).

O Pursuant to 11 U.S.C. § 1511,1 request relief in accordance with the chapter I request relief in accordance with the chapter of title 11, United States Code, of title 11 specified in this petition. A certified copy of the order granting specified in this petition. recognition of the foreign main proceeding is attached.

Signature of Debtor (Signature of Foreign Representative)

Signature ofJoint Debtor (Printed Name of Foreign Representative)

Date Telephone Number (if not represented by attorney)

Date

Signature of Attorney* Signature of Non-Attorney Bankruptcy petition Preparer

x W Daniel J. DeFranceschi J declare under penalty of perjury that:(l) I am a bankruptcy petition preparer as Signature of Attorney for Debtor(s) defined in 1! U.S.C, § 110; (2) 1 prepared this document Tot compensation and have provided the debtor with a copy of (his document and the notices and Daniel J. DeFranceschi (No. 2732) information required under 11 U.S.C. g§ 110(b), 110(h), and 342(b); and, (3) if Printed Name ofAttorney for Debtor(s) rules or guidelines have been promulgated pursuant to 11 U.S.C § 110(h) setting Richards, Lnvton & Finger, P.A. a maximum fee for services chargeable by bankruptcy petition preparers, I have Firm Name given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19 is attached.

"20 North King Street. Wilmington, DE 19801 Address Printed Name and title, ifany, of Bankruptcy Petition Preparer (3021 651-7700 Telephone Number Social-Security number (If the bankruptcy petition preparer is not an individual, state the Social-Security number of the ufficer, principal, Date responsible person or partner ofthe bankruptcy petition preparer.) (Required *In a cose in which § 707(b)(4)(D) applies, this signature also constitutes a by 1 1 U.S.C. 5 110.) certification that the attorney has no knowledge after an inquiry thai the infonnation in the schedules is incorrect.

Signature of Debtor (Coiporation/Partnership)

Address I declare under penally of perjury that the information provided in this petition is true and conect, and that 1 have been authorized to file this petition on behalf of the debtor.

Signature The debtorrequeststhe relief in aJcordanci with thechapterof title 11. United States Code, specified/ Date X ( \\\. Signature of bankruptcy petition preparer or officer, principal, responsible person, Signature of Authorized Individual AnthonyU. Hnitoii or partner whose Social-Security number is provided above. Printed Name of Authorized Individual Names and Social-Security numbers of all other individuals who prepared or Senior Vice President, Treasurer and Assistant Secretary assisted in preparing this document unless the bankruptcy petition preparer is nol Title of Authorized Individual an individual. (lyyMXQ ,2014 If more than one person prepared this document, attach additional sliceLi conforming to the appropriate official fonn for each person. A bankruptcypetition preparer's failure to comply -with the provisions oftitle JI and the Fe.de.rnl Rules of Bankruptcy Procedure may result in fines or imprisonment orboth. II U.S.C. $ J10; J8U.S.C. $ 156.

Rider 1 to Energy Future Holdings Corp. Voluntary Petition

All other names used by the Debtor in the last 8 years: TXU Corp.; TXU Corp; and Texas Utilities.

Schedule 1

Pending Bankruptcy Cases Filed by the Debtor and Affiliates of the Debtor

As of the date hereof, each of the entities listed below (the "Debtors"") filed a petition in this Court for relief under chapter 1 1 of title 11 of the United States Code. The Debtors have moved for joint administration of these cases under the case number assigned to the chapter 11 case of Energy Future Holdings Corp.

Energy Future Holdings Corp. Luminant Energy Trading California 4Change Energy Company Company 4Change Energy Holdings LLC Luminant ET Services Company Big Brown 3 Power Company LLC Luminant Generation Company LLC Big Brown Lignite Company LLC Luminant Holding Company LLC Big Brown Power Company LLC Luminant Mineral Development Brighten Energy LLC Company LLC Brighten Holdings LLC Luminant Mining Company LLC Collin Power Company LLC Luminant Renewables Company LLC Dallas Power & Light Company, Inc. Martin Lake 4 Power Company LLC DeCordova II Power Company LLC Monticello 4 Power Company LLC DeCordova Power Company LLC Morgan Creek 7 Power Company LLC Eagle Mountain Power Company LLC NCA Development Company LLC EBASCO SERVICES OF CANADA NCA Resources Development LIMITED Company LLC EEC Holdings, Inc. Oak Grove Management Company LLC EECI, Inc. Oak Grove Mining Company LLC EFH Australia (No. 2) Holdings Company Oak Grove Power Company LLC EFH CG Holdings Company LP Sandow Power Company LLC EFH CG Management Company LLC Southwestern Electric Service EFH Corporate Services Company Company, Inc. EFH Finance (No. 2) Holdings Company TCEH Finance, Inc. EFH.FS Holdings Company Texas Competitive Electric Holdings EFH Renewables Company LLC Company LLC EFIH FINANCE INC. Texas Electric Service Company, Inc. Energy Future Competitive Holdings Texas Energy Industries Company, Inc. Company LLC Texas Power & Light Company, Inc. Energy Future Intermediate Holding Texas Utilities Company, Inc. Company LLC Texas Utilities Electric Company, Inc. Generation Development Company LLC Tradinghouse 3 & 4 Power Company LLC Generation MT Company LLC Tradinghouse Power Company LLC Generation SVC Company TXU Electric Company, Inc. Lake Creek 3 Power Company LLC TXU Energy Receivables Company LLC Lone Star Energy Company, Inc. TXU Energy Retail Company LLC Lone Star Pipeline Company, Inc. TXU Energy Solutions Company LLC LSGT Gas Company LLC TXU Receivables Company LSGT SACROC, Inc. TXU Retail Services Company Luminant Big Brown Mining TXU SEM Company Company LLC Valley NG Power Company LLC Luminant Energy Company LLC Valley Power Company LLC

10

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: Chapter 11

ENERGY FUTURE HOLDINGS CORP., Case No. 14- ( )

Debtor. (Joint Administration Requested)

EXHIBIT A TO VOLUNTARY PETITION

Energy Future Holdings Corp.'s 9.75% Senior Notes due 2019 are registered under Section 12 of the Securities Exchange Act of 1934; the SEC file number is 1-12833.

2. The following financial data is the latest publicly available information and, unless otherwise indicated, is current as of December 31, 2013:

(a) Total assets (on a consolidated basis): $36,446 million.

(b) Total liabilities (on a consolidated basis): $49,701 million.

(c) Debt securities held by more than 500 holders: None.1

(d) Description of equity: Common stock.

(i) Shares of common stock outstanding: 1,669,861,3 822

Brief description of Energy Future Holdings Corp.'s business:

EFH Corp. is a Dallas, Texas-based energy company with a portfolio of competitive and regulated energy businesses in Texas. EFH Corp. is a holding company conducting its operations principally through its Texas Competitive Electric Holdings Company LLC and Oncor subsidiaries. Collectively with its operating subsidiaries, EFH Corp. is the largest generator, retailer and distributor of electricity in Texas.

Energy Future Holdings Corp. f"EFH Corp.";) does not and cannot know the precise number of beneficial holders of any of the debt securities it has issued and does not believe that any such securities are held by more than 500 holders.

This figure is current as of April 29. 2014.

11

4. List the name of any person who directly or indirectly owns, controls or holds, with power to vote, 5% or more of the voting securities of debtor:

Title of Class of Name of Holder Approxipaate Percentage of Shares Number of Ownership Shares Common Stock Texas Energy Future 1,669,861,382 99.27% Holdings Limited Partnership

12

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: Chapter 11

ENERGY FUTURE HOLDINGS CORP., Case No. 14- ( )

Debtor. (Joint Administration Requested)

Tax ID: XX-XXXXXXX

EXHIBIT C TO VOLUNTARY PETITION

1. Identify and briefly describe all real or personal property owned by, or in possession of, the debtor that, to the best of the debtor's knowledge, poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety (attach additional sheets if necessary):

• The above-captioned debtor (the "Debtor") does not believe it owns or possesses any real or personal property that poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety. The Debtor notes that it is not aware of any definition of "imminent and identifiable harm" as used in this form.

• The Debtor or other of its affiliated entities filing petitions herewith (collectively, the "Debtors") have been and are currently engaged in litigation with certain governmental units and private third parties related to certain real property owned or possessed by the Debtors and the Debtors have also been and are currently engaged in remediation efforts at certain real property owned or possessed by the Debtors. The Debtors do not believe that this real property poses a "threat of imminent and identifiable harm to the public health or safety."

2. With respect to each parcel of real property or item of personal property identified in question 1, describe the nature and location of the dangerous condition, whether environmental or otherwise, that poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety (attach additional sheets if necessary):

• The Debtor is not aware of any dangerous conditions existing on or related to any real or personal property owned or possessed by the Debtor that pose or are alleged to pose a threat of imminent and identifiable harm to the public health or safety. The Debtor notes that it is not aware of any definition of "imminent and identifiable harm" as used in this form.

13

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: Chapter 11

ENERGY FUTURE HOLDINGS CORP., Case No. 14- .( )

Debtor. (Joint Administration Requested)

Tax ID: XX-XXXXXXX __

CORPORATE OWNERSHIP STATEMENT

Pursuant to Federal Rule of Bankruptcy Procedure 7007.1, the following are

corporations, other than a governmental unit, that directly or indirectly own 10% ormore ofany class of the Debtor's equity interests:

Shareholder Approximate percentage of Shares Held

Texas Energy Future Holdings Limited 99 27% Partnership

DECLARATION UNDER PENALTY OF PERJURY

I, Anthony R. Horton, the undersigned authorized signatory of Energy Future Holdings Corp., named as the debtor in this case, declare under penalty of perjury that I have read the foregoing corporate ownership statement and that it is true and conect to the best of my information and belief.

Dated: O^pA \ lA ,2014 Anthony R. Horton Senior Vice President, Treasurer and Assistant Secretary

14

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

)

In re: ) Chapter 11 )

ENERGY FUTURE HOLDINGS CORP., ) Case No. 14- ( )

)

Debtor. ) (Joint Administration Requested)

)

Tax ID: XX-XXXXXXX )

LIST OF EQUITY SECURITY HOLDERS

:.';^IJMOERpF;$HABESOR: ;

:;;-.;^:':''}Pebt6r;""'-' '•' -y- ;^wT^.;HdtpERV''-;.j::: i ADDR^ :!:UNITS\tlEI&V;-:

^PERqENTA<?B OFEQUITY; - :-'.;;U.'•••.:•••-:.-:-h_ld '-':-.

Energy Future Texas Energy Future Energy Plaza Texas Energy Future Holdings Corp. Holdings Limited 1601 Bryan Street Holdings Limited Partnership and EFH Dallas, Texas 75201 Partnership (99.27%); and Corp. directors and EFH Corp. directors and employees. employees (0.73%).

DECLARATION UNDER PENALTY OF PERJURY

I, Anthony R. Horton, the undersigned signatory of Energy Future Holdings Corp.,

named as the debtor in this case, declare under penalty of perjury that I have read the foregoing

list of equity security holders and that it is true and correct to the best of my information and

belief.

Dated: CV.p»-^ ) 2*? ,2014 x , „„ . y ^ Antho{_J0L^&ortoi Senior Vice President, Treasurer and Assistant Secretary

15

Energy Future Holdings Corp. (the "Company") Board of Directors Resolutions APRIL 28, 2014

Item 1. Restructuring Update Effective as of this 28th day of April 2014, the members constituting a majority of the votes of a quorum of the board of directors (the "Board of Directors") of Energy Future Holdiiigs Corp., a Texas corporation (the "Company"), took the following actions and adopted the following resolutions: Chapter 11 Filing WHEREAS, the Board of Directors considered presentations by thy management and the financial and legal advisors of the Company regarding the liabilities and liquidity situation of the Company, the strategic alternatives available to it and the effect of the foregoing on the Company's business; and WHEREAS, the Board of Directors has had the opportunity to consult with the management and the financial and legal advisors of the Company and'fully consider each of the strategic alternatives available to the Company. NOW, THEREFORE, BE IT,

RESOLVED, that in the judgment of tiie Board of Directors, it is desirable and hi the best interests of the Company, its creditors, and other parties in interest, that the Company shall be and hereby is authorized to file or cause to be filed a voluntary petition for relief (such voluntary petition, and the voluntary petitions to be filed by the Company's affiliates, collectively, die "Chapter 11 Cases") under the provisions of chapter 11 of title 11 of die United States Code (the "Bankruptcy Code") in a court of proper jurisdiction (Uie "Bankruptcy Court"); and RESOLVED, that any officers of the Company (collectively, the "Authorized Officers"), acting alone or with one or more other Authorized Officers be, and they hereby arc, authorized, empowered and directed to execute and file on behalf of the Company all petitions, schedules, lists and other motions, papers, or documents, and to take any and all action that they deem necessary or proper to obtain such relief, including, widiout limitation, any action necessary to maintain the ordinary course operation of the Company's business.

Restructuring Support Agreement WHEREAS, some members of the Board of Directors are members of the boards of other companies that would be released under the terms of the Restructuring Support Agreement (as defined herein) and related documents;

WHEREAS, members of the Board of Directors would also be released under the Restructuring Support Agreement and related documents;

WHEREAS, the members of the Board of Directors have acknowledged that the material facts relating to the relationships or interests of" other Board of Directors members with other companies and other material relationships in connection with the releases in the Restructuring Support Agreement contemplated by this resolution have been disclosed to them or are otherwise known to them, ns contemplated by Sections 21.418 and 101.255 of the Texas Business Organizations Code (the "TBOC") or the Company's governing documents, to the extent applieable;

WHEUEAS, the member o( the Board of Directors that is disinterested (within the meaning of Sections 2L418 and 101.255 of the TBOC or the Company's governing documents, to the extent applicable) with respect to the releases has reviewed the terms and conditions of the Restructuring Support Agreement and related documents and has recommended that each be approved;

WHEREAS, the members of the Board of Directors acknowledge and believe that the Restructuring Support Agreement is procedurally and substantively fair to the Company as contemplated by Section

16

21.418(b)(2) of the TBOC, Section 101.255(b)(2) of the TBOC, or the Company's governing documents, to the extent applicable;

WHEREAS, the Board of Directors has determined that it is in the best interest of the Company, its creditors and other parties in interest for the Board of Directors to authorize the Company to enter into that certain restructuring support and lockup agreement (the Restructuring Support Agreement") by and among the Company, certain of its affiliates, certain consenting creditors, and certain consenting interest holders substantially in the form presented to the Company's Board of Directors on or in advance of the date hereof.

RESOLVED, that each of the Authorized Officers, acting alone or with one or more other Authorized Officers be, and they hereby axe, authorized and empowered to enter on behalf of the Company into the Restructuring Support Agreement. RESOLVED, that each of the Authorized Officers, acting alone or with one or more other Authorized Officers be, and they hereby are, authorized and empowered to enter on behalf of the Company into a restructuring transaction or series of restructuring transactions by which the Company will restructure its debt obligations and other liabilities, including but not limited to the restructuring transactions as described in the Restructuring Support Agreement (collectively, the "Restructuring Transactions"). RESOLVED, that each of the Authorized Officers, acting alone or with one or more other Authorized Officers be, and they hereby are, authorized and empowered to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such agreements, certificates, instruments and other documents in furtherance of the Restructuring Transactions to which the Company is or will be a party, including, but not limited to, the Restructuring Support Agreement (collectively, the "Restructuring Documents"), to incur and pay or cause to be paid all fees and expenses and engage such persons, in each case, in the form or substantially in the form thereof submitted to the Board of Directors, with such changes, additions and modifications thereto as the Authorized Officers executing the same shall approve, such approval to be conclusively evidenced by such officer's execution and delivery thereof. RESOLVED, that each of the Authorized Officers be, and hereby are, authorized, directed and empowered in the name of, and on behalf of, the Company to take any and all actions to (i) obtain approval by the Bankruptcy Court or any other regulatory or governmental entity of the Resrructuring Documents in connection with the Restructuring Transactions, and (ii) obtain approval by the Bankruptcy Court or any other regulatory or governmental entity of any Restructuring Transactions. RESOLVED, that each of the Authorized Officers be, and hereby are, authorized, directed and empowered in the name of, and on behalf of, the Company, to execute and deliver any documents or to do such other things which shall in their sole judgment be necessary, desirable, proper or advisable to give effect to the foregoing resolutions, which determination shall be conclusively evidenced by their execution thereof.

Retention of Professionals

RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the law firm of Kirkland & Ellis LLP as general bankruptcy counsel to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations, including filing any pleadings; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Kirkland & Ellis LLP. RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the law firm of Richards, Layton, & Finger, RA. as co-bankruptcy counsel to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations, including filing any pleadings; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed

17

an appropriate application for authority to retain the services of Richards, Layton, & Finger, PA. RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Evercore Partners, Inc. as financial advisor to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers are, with power of delegation, hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Evercore Partners, Inc.

RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Alvarez & Marsal North America, LLC as restructuring advisor to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Alvarez & Marsal North America, LLC. RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Filsinger Energy Partners, Inc. as energy consultant to represent and assist the Company in carrying out its duties under the Bankruptey Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Filsinger Energy Partners, Inc. RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Epiq Bankruptcy Solutions, LLC as notice, claims, and balloting agent and as administrative advisor to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed appropriate applications for authority to retain the services of Epiq Bankruptcy Solutions, LLC.

RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Deloitte & Touche LLP as independent auditor to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Deloitte & Touche LLP.

RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of KPMG LLP as accounting and tax advisors to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance die Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of KPMG LLP.

RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Towers Watson & Co. as compensation consultants to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Towers Watson & Co.

RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of PricewaterhouseCoopers LLP as internal auditing advisor and information security consultants to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of PricewaterhouseCoopers LLP. RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Ernst & Young LLP as tax auditing advisors and information technology consultants to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of Ernst & Young LLP. RESOLVED, that each of the Authorized Officers be, and they hereby are, authorized and directed to employ any other professionals to assist the Company in carrying out its duties under the Bankruptcy Code; and in connection therewith, each of the Authorized Officers, with power of delegation, are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers, and to cause to be filed an appropriate application for authority to retain the services of any other professionals as necessary. RESOLVED, that each of the Authorized Officers be, and they hereby are, with power of delegation, authorized, empowered and directed to execute and file all petitions, schedules, motions, lists, applications, pleadings, and other papers and, in connection therewith, to employ and retain all assistance by legal counsel, accountants, financial advisors, and other professionals and to take and perform any and all further acts and deeds that each of the Authorized Officers deem necessary, proper, or desirable in connection with the Company's chapter 11 case, with a view to the successful prosecution of such case.

Debtor-in-Possession Financing RESOLVED, that each of the Authorized Officers (and their designees and delegates) be, and they hereby are, authorized and empowered, in the name of and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver, and file any and all such agreements, certificates, instruments and other documents required to consummate the Senior Secured Superpriority Debtor-in-Possession Credit Agreement (the "TCEH DIP Credit Agreement") among Texas Competitive Electric Holdings Company LLC, as Borrower, Energy Future Competitive Holdings Company LLC, as Parent Guarantor, the various lenders from time to time parties thereto as Lenders, Citibank N.A. or its successor as Adrninistrative Agent for the Lenders, and the other loint Lead Arrangers, dated as of the date presented to the Board of Managers of Texas Competitive Electric Holdings Company LLC. RESOLVED, that each of the Authorized Officers (and their designees and delegates) be, and they hereby are, authorized and empowered, in the name of and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such agreements, certificates, instruments and other documents required to consummate the Senior Secured Superpriority Debtor-in-Possession Credit Agreement (the "EFIH First Lien DIP Credit Agreement") among Energy Future Intermediate Holding Company LLC and EFIH FINANCE EMC, as Borrowers, the various lenders from time to time parties thereto, as Lenders, Deutsche Bank AG, as Collateral Agent and Administrative Agent for the Lenders, and the other Joint Lead Arrangers, dated as of the date presented to the Board of Managers of Energy Future Intermediate Holding Company LLC and the Board of Directors of EFIH FINANCE INC..

RESOLVED, that each of the Authorized Officers (and their designees and delegates) be, and they hereby are, authorized and empowered, in the name of and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such agreements, certificates, instruments and other documents required to consummate the Second Lien Subordinated Secured Debtor-in-Possession Note Purchase Agreement (the "EFIH Second

19

Lien DIP Note Purchase Agreement") among Energy Future Intermediate Holding Company LLC and EFIH FINANCE INC., as Co-Issuers, the lending institutions from time to time parties thereto as Purchasers, and the Administrative Agent and Collateral Agent for the Purchasers, dated as of the date presented to the Board of Managers of Energy Future Intermediate Holding Company LLC and the Board of Directors of EFIH FINANCE INC.

RESOLVED, that the capitalized terms used in the resolutions under the caption "Debtor-in-Possession Financing" and not otherwise defined herein shall have the meanings ascribed to such terms in the TCEH DIP Credit Agreement, the EFIH First Lien DIP Credit Agreement, or the EFIH Second Lien DIP Note Purchase Agreement, as applicable. General

RESOLVED, that in addition to the specific authorizations heretofore conferred upon the Authorized Officers, each of the Authorized Officers (and their designees and delegates) be, and they hereby are, authorized and empowered, in the name of and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such agreements, certificates, instruments and other documents and to pay all expenses, including but not limited to filing fees, in each case as in such officer's or officers' judgment, shall be necessary, advisable or desirable in order to fully carry out the intent and accomplish the purposes of the resolutions adopted herein.

RESOLVED, that all members of the Board of Directors of the Company have received sufficient notice of the actions and transactions relating to the matters contemplated by the foregoing resolutions, as may be required by the organizational documents of the Company, or hereby waive any right to have received such notice.

RESOLVED, that all acts, actions and transactions relating to the matters contemplated by the foregoing resolutions done in the name of and on behalf of the Company, which acts would have been approved by the foregoing resolutions except that such acts were taken before the adoption of these resolutions, are hereby in all respects approved and ratified as the true acts and deeds of the Company with the same force and effect as if each such act, transaction, agreement or certificate has been specifically authorized in advance by resolution of the Board of Directors. RESOLVED, that each of the Authorized Officers (and their designees and delegates) be and hereby are authorized and empowered to take all actions or to not take any action in the name of the Company with respect to the transactions contemplated by these resolutions hereunder as the sole shareholder, partner, member or managing member of each direct subsidiary of the Company, in each case, as such Authorized Officer shall deem necessary or desirable in such Authorized Officers' reasonable business judgment as may be necessary or convenient to effectuate the purposes of the transactions contemplated herein.

20

Energy Future Holdings Corp. Assistant Secretary's Certification

The undersigned, Betty R. Fleshman, Assistant Secretary of Energy FutureHoldings Corp. (the "Company"), a Texas corporation, hereby certifies as follows:

1. I am the duly qualified and elected Assistant Secretary and, as such, I am familiar with the facts herein certified and I am duly authorized to certify the same on behalf of the Company.

2. Attached hereto is a true, complete, and correct copy of the resolution of the board of directors of the Company (the "Board of Directors"), duly adopted at a properly convened meeting of the Board of Directors on April 28, 2014, by the members constituting a majority of the votes of a quorum of the directors there present, in accordance with the bylaws of the Company.

3. Such resolution has not been amended, altered, annulled, rescinded, or revoked and is in full force and effect as of the date hereof. There exists no other subsequent resolution of the Board of Directors relating to the matters set forth in the resolution attached hereto.

IN WTTNESS WHEREOF, the undersigned has executed this certificate as of the 28th day of April, 2014.

Betty R. Fleshman, Assistant Secretary

21

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: Chapter 11

ENERGY FUTURE HOLDINGS CORP., et al.} Case No. 14- ( )

Debtors. (Joint Administration Requested)

CONSOLIDATED LIST OF CREDITORS HOLDING THE 50 LARGEST UNSECURED CLAIMS

The above-captioned debtors and debtors in possession (collectively, the "Debtors") each filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"-). The following is the consolidated list of the Debtors' creditors holding the 50 largest unsecured claims (the "Consolidated Lisf't based on the Debtors' books and records with trade claim balances from multiple dates no earlier than March 31, 2014, and debt claim balances estimated to reflect principal and accrued interest through April 28, 2014. The Consolidated List has been prepared for filing in accordance with Rule 1007(d) of the Federal Rules of Bankruptcy Procedure. The Consolidated List does not include (1) persons who come within the definition of "insider" set forth in section 101(31) of the Bankruptcy Code or (2) deficiency claims of secured creditors. No creditor listed herein is a minor child. The information contained herein shall neither constitute an admission of liability by, nor is it binding on, the Debtors. Moreover, the information herein, including the failure of the Debtors to list any claim as contingent, unliquidated, or disputed, does not constitute a waiver of the Debtors' right to contest the validity, priority, or amount of any claim.

The last four digits of Energy Future Holdings Corp.'s tax identification number are 8810. The location of the debtors' service address is 1601 Bryan Street, Dallas, Texas 75201. Due to the large number of debtors in these chapter 11 cases, for which the debtors have requested joint administration, a complete list of the debtors and the last four digits of their federal tax identification numbers is not provided herein. A complete list of such information may be obtained on the website of the debtors' proposed claims and noticing agent at http://www.efhcaseinfo.com.

22

t « lltlll^CIU fS inic oTcitdiU r ( mil pit u m iilm hIutca i)illiquid \Ud \mr uut uf utd iinplniti fluent 11 dtp irlim.nl i f N iti n. f i.l urn ilisjmUil rrMibjutlfi ildim crtdil rfiuiilur with U hid - Ii ff _ L._\\ _?LUL_S_LLL LRLM LO.JA. 1 NEW YORK Attn: Frank Godino - Vice President Addr: 400 Madison Avenue - Suite 4D New York, NY 10017 USA Phone: (646)747-1251 Fax: (212)750-1361 Email: frank.godino@lawdeb.com

— and --

1 Unsecured Debt Unliquidated $5,505,163,811 Patterson Belknap Webb & Tyler LLP Re: Law Debenture Trust Company of New York Attn: Daniel A. Lowenthal - Counsel 1133 Avenue of the Americas New York, NY 10036 USA Phone: (212)336-2720 Fax: (212)336-1253 Email: dalowenthal (Sjpbwt. com AMERICAN STOCK TRANSFER AND TRUST COMPANY, LLC Attn: Paul Kim - General Counsel Addr: 6201 15TH Avenue Brooklyn, NY 11219 USA Phone: (718)921-8183 Fax: (718)331-1852 Email: pkim@Amstock.com

—and—

2 Unsecured Debt Unliquidated $2,565,874,358 Nixon Peabody LLP Re: American Stock Transfer and Trust Company, LLC Attn: Amelia M. Charamba - Counsel Addr: 100 Summer Street Boston, MA 021 10 USA Phone: (617)345-1041 Fax: (866)244-1527 Email: acharambaCSjnixonpeabody .com

With respect to any trade claim for which the creditor was the beneficiary of a letter of credit, the amounts listed herein are net of any outstanding leners of credit.

urij • . i >i N line of cuiiilui (umplctr in uliu* lUilnst ' * milni-ci ? _

1

mill fit id hl 1 Vim nut ( f • iml cmplnvci ij,tnt pi {Iiptrinunl t f N iliiri frliiui ribputid r subject to cl unr* 1 cridltni fjrjnbarwitii rhira , mi rr UMB BANK, N.A. Attn: Laura Roberson - Vice President Addr: 2 South Broadway Suite 600 St Louis, MO 63102 USA Phone: (314)612-8484 Fax: (314)612-8499 Email: laura.roberson@UMB.com

—and—

3 Unsecured Debt Unliquidated $1,649,363,974 Foley & Lardner, LLP Re: UMB Bank, N.A. Attn: Harold L Kaplan, Mark F Hebbeln -

Counsel Addr: 321 N Clark Street, Suite 2800 Chicago, IL 60654 USA Phone: (312) 832-4393, (312) 832-4394 Fax: (312) 832-4700 Email: hkaplan@foley.com, mhebbeln(£JfoIey.com THE BANK OF NEW YORK MELLON TRUST COMPANY Attn: Rafael Martinez - Vice President -

Client Service Manager Addr: 601 Travis Street Houston, TX 77002 USA Phone: (713)483-6535 Fax: (713)483-6954 Email: rafael.martinez@bnymellon.com 4 Unsecured Debt Unliquidated $891,404,403 —and—

The Bank ofNew York Mellon Trust Company Attn: Thomas Vlahakis - Vice President Addr: 385 Rifle Camp Road 3rd Floor Woodland Park, NJ 07424 USA Phone: (973) 247-4742 Fax: (713) 483-6954 HOLT CAT Attn: Michael Puryear - General Counsel Addr: 3302 S W.W. White Rd San Antonio, TX 78222 5 Trade Unliquidated $11,400,000 USA Phone: (210)648-1111 Fax: (210) 648-0079 Email: michael.puryear(3}ho ltcat.com

24

< i ntii (fiui N iuil i f i ictht i,r mpit.If nmLio ulilriss iinlujiiiiiitcl Vino nut of jiiU Linploei ii^eut ui tkpirtimnl <i | N iiun. 1 <I urn 1 disputed irMiljcrtti cl nm i4.lt if - JJA C JJ3L-*. XLL^Ll.^ .vLLLV^x ENVIRONMENTAL PRODUCTS) Attn: Peter O. Hansen - General Counsel Addr: 1460 W. Canal Court Littleton, CO 80120 6 USA Trade Unliquidated $10,508,908 Phone: (303)962-1977 Fax: (303)962-1970 Email: peter.hansen@ada-cs.com;

info(3}ada-cs .com FLUOR GLOBAL SERVICES Attn: Carlos M. Hernandez - Executive Vice President, Chief Legal Officer and Secretary Addr: 6700 Las Colinas Blvd 7 Irving, TX 75039 Trade Unliquidated $9,283,826 USA Phone: (469) 398-7000 Fax: (469) 398-7255 Email: carlos.hernandez@fluor.com BNSF RAILWAY COMPANY Attn: Roger Nober - Executive VP, Law and Corporate Affairs Addr: 2650 Lou Menk Drive 8 Fort Worth, TX 76131 Trade Unliquidated $8,353,152 USA Phone: (817)352-1460 Fax: (817)352-7111 Email: roger.nober(5jbnsf.com HCL AMERICA INC Attn: Raghu Raman Lakshmanan - General Counsel Addr: 330 Potrero Avenue 9 Sunnyvale, CA 94085 Trade Unliquidated $8,137,238 USA Phone: (408)523-8331 Fax: (408) 733-0482 Email: rlakshmanan@hcl.com SHAW MAINTENANCE (CB&I) Attn: Richard E. Chandler, Jr. - President and Chief Executive Officer Addr: c/o CB&I - One CB&I Plaza 2103 Research Forest Drive 10 Trade Unliquidated $6,900,000 The Woodlands, TX 77380 USA Phone: (832)513-1000 Fax: (832)513-1094 Email: richard.chandler@cbi.com

25

< i ntin^LML N line t fi rxditor cmipUU in iilm idduss unliqiud itcil \niount of nid Linplo>LL igeiil * i il« p irtun.nl r f N unit of cliim disputed oiMihjLrltu cl ifui n*ditrj f Minliit mjUi ilifm setoff WHblUNOrlUUSiitlJLJbUiKH^ L U U L

Attn: Mike Sweeney - Senior Vice President & General Counsel Legal & Contracts Addr: 1000 Westinghouse Drive, 11 Suite 5 72A Trade Unliquidated $4,607,855 Cranberry Township, PA 16066 USA Phone: (724) 940-8323 Fax: (724)940-8518 Email: holtsa@westinghouse.com CENTERPOINT ENERGY HOUSTON Attn: Mark Schroeder -Senior Vice President and Deputy General Counsel Addr: 1111 Louisiana Street 12 Houston, TX 77002 Trade Unliquidated $3,433,868 USA Phone: (713)207-7053 Fax: (713)207-9233 Email: mark.schroeder@centerpointenergy.

com

ASHER MEDIA INC Attn: Kalyn Asher - President Addr: 15303 Dallas Parkway, Suite 1300 Addison, TX 75001 13 Trade Unliquidated $3,292,625 USA Phone: (214)580-8750 Fax: (972)732-1161 Email: kalyn(5jashermed ia.com MINE SERVICE LTD Attn: Keith Debault - President Addr: 855 E US Highway 79 Rockdale, TX 76567 14 Trade Unliquidated $2,703,008 USA Phone: (512)446-7011 Fax: (512)446-7195 Email: keithdebault{ajms irockdale.com COURTNEY CONSTRUCTION INC Attn: Karlos Courtney - Owner Addr: 2617USHwy79N Carthage, TX 75633 15 USA Trade Unliquidated $2,640,695 Phone: (903)694-2911 Fax: (903)694-2921 Email: karloscourtney@courtneyconstruct ion.com

26

Ci utui^Liit N iui* c / i ndit< i «i in pie1 in iilin iddi ls\ uubqniditid Viuount of Hid <,mi Ii Ui i|«i-iil it (Lpjitiii nt i 1 N lllllt. if ll Hill dispnLid m Mihjt.fl to i»] nm1 cruht r 1 iinili ir Willi 11 um SLlllT SIEMENS POWER GENERATION INC Attn: Christopher Ranck - Vice President and General Counsel Addr: 4400 N Alafaya Trl 16 Orlando, FL 32826 Trade Unliquidated $2,487,807 USA Phone: (407)333-2476 Fax: (972)550-2101 Email: chris.ranck@siemens.com BRAKE SUPPLY CO INC Attn: David Koch - CEO & President 5501 Foundation Blvd Evansville, IN 47725 17 Trade Unliquidated $2,450,000 USA Phone: (812)467-1000 Fax: (812)429-9425 Email: sales@brake.com HYDROCARBON EXCHANGE CORP. Attn: R Scott Hopkins - President Addr: 5910 N. Central Expy.

STE 1380 18 Dallas, TX 75206 Trade Unliquidated $2,370,303 USA Phone: (214) 987-0257 Fax: (214)987-0670 Email: msavage@hydrocarbonexchange.com SECURITAS SECURITY SERVICES USA Attn: Sonia Jasman - President 2 Campus Drive Parsippany, NJ 07054-4400 19 Trade Unliquidated $2,274,827 USA Phone: (973)267-5300 Fax: (973)-397-2491 Email: contact@securitasinc.com TRANSACTEL INC Attn: Guillermo Montano - Chief Executive Officer Addr: 18 Calle 25-85 Z.10 Torre Transacte! Pradera 20 Trade Unliquidated $2,191,210 Guatemala City, Guatemala Phone: Oil 502 2223-0000 Fax: 011 502 2223 0004 Email: gmontano@transactel.net

27

N nut iftmliloT ct ni[ IlIl hi iilm dilns COHtlU1,1.111 j uulxjindjUd \inount of ind ciupl»vi.t. i]L.Liit (i dtpiihmiil of IS ifui i r frj uni iIiYpiifid hi subject to 1 ilann en lit r f umlur with ildim tUiffT | 111 i u i i i i

INC Attn: Mike Merritt - President Addr: 201 Estes Dr 21 Longview, TX 75602-6100 Trade Unliquidated $2,016,224 USA Phone: (903)757-2656 Fax: (903) 757-8864 Email: Mike@Merritt.net ALCOA Attn: Max W. Laun - Vice President and General Counsel Addr: 201 Isabella Street Unliquidated, Disputed, 22 Pittsburgh, PA 152195858 Trade $1,793,501 Subject to setoff USA Phone: (412)553-4569 Fax: (412)553-4064 Email: max.laun@alcoa.com AUTOMATIC SYSTEMS INC Attn: Michael Hoehn - President 9230 East 47th Street Kansas City, MO 64133 23 Trade Unliquidated $1,724,583 USA Phone: (816)356-0660 Fax: (816)356-5730 Email: michael.hoehn@asi.com RANGER EXCAVATING LP Attn: Jack Carmody - President Addr: 5222 Thunder Creek Road Austin, TX 78759 24 USA Trade Unliquidated $1,630,396 Phone: (512)343-9613 Fax: (512)343-9618 Email: jack.carmody@rangerexcavating.

com

GRAINGER Attn: John L. Howard - General Counsel Addr: 100 Grainger Pkwy Lake Forest, IL 60045 25 Trade Unliquidated $1,618,371 USA Phone: (847)535-1000 Fax: (847)535-0878 Email; john.howard@grainger.com WARFAB Attn: Malcolm Clevenstine - President and CEO Addr: 607 Fisher Rd 26 Longview, TX 75604 Trade Unliquidated $1,566,782 USA Phone: (903)295-1011 Fax: (903)295-1982 Email: info@warfabinc.com

28

< imminent Njnii ui (.rcdm i ci lupUtL hi ilinj, iddiLss iinuquiditcd Amount-of ind <.iiiplo\f4. i^cnt oi ilt] rtinciitof "SjIuil of i 1 urn disputed orsnbjcrtto (.Liiui ilLiIlt i f iimh u Hith r] nin iit>ff AMECOINC Attn: Gary Bemardez - President Addr: 2106 Anderson Road Greenville, SC 29611 27 Trade Unliquidated $1,517,134 USA Phone: (864)295-7800 Fax: (864) 295-7962 Emai 1: gary.bernardez@ameco ,com CAPGEMIN1 NORTH AMERICA INC Attn: Isabelle Roux-Chenu -

International Legal Affairs Addr: 623 Fifth Ave 33rd Floor New York, NY 10022 28 Trade Unliquidated $1,481,812 USA Phone: (212)314-8000 Fax: (212)314-8001 Email: isabelle.rouxchenu @capgemini.com TEXAS-NEW MEXICO POWER COMPANY Attn: Patrick Apodaca - Senior Vice President, General Counsel, Secretary Addr: 414 Silver Avenue SW 29 Trade Unliquidated $1,456,189 Albuquerque, NM 87102-3289 USA Phone: (505)241-2700 Fax: (505)241-4311 Email: patrick.apodaca@tnmp.com GENERATOR & MOTOR SERVICES INC Attn: President Addr: 601 BraddockAve 30 Turtle Creek, PA 15145 Trade Unliquidated $1,400,000 USA Phone: (412)829-7500 Fax: (412)829-1692 PERFORMANCE CONTRACTING INC Attn: Chuck William - SVP & General Counsel Addr: 16400 College Blvd 31 Lenexa,KS 66219 Trade Unliquidated $1,399,234 USA Phone: (913)888-8600 Fax: (913)492-8723 Email: info@pcg.com BENCHMARK INDUSTRIAL SERVICES Attn: Mike Wilcox - Owner Addr: 2100 State Highway 31 E Kilgore.TX 75662 32 Trade Unliquidated $1,389,644 USA Phone: (903)983-2951 Fax: (903) 984-0982 Email: mwilcox@benchmarkisi.com

29

C »n Undent Nihil tf* itdii 1 i inj li.1i in tilin„ dditss Ufiliqniddlld Amount of ind impli mi ent i drp iilincnt r f N ilnrt, of cliim disputed or subject to cluui indit i f iiiiNii mill iljim 1 st toff PIERCE CONSTRUCTION INC Attn: Kenneth Pierce - Owner Addr: 4324 State Hwy 149 Beckville.TX 75631 33 USA Trade Unliquidated $1,357,107 Phone: (903) 678-3748 Fax: (903)678-3896 Email: kenneth@pierceconstructioninc.

com

RYAN PARTNERSHIP (FORMERLY SOLUTIONSET) Attn: Mary Perry - President Addr: 440 Polaris Parkway 34 WestervUle, OH 43082 Trade Unliquidated $1,305,595 USA Phone: (614)844-3973 Fax: (614)436-6640 Email: mary.perry@ryanpartnership.com TEAM EXCAVATING Attn: Wayne Yost, Owner - President Addr: 815 N Main Street Wrens, GA 30833 35 Trade Unliquidated $1,266,986 USA Phone: (706) 547-6554 Fax: (706) 547-6553 Email: wyost@teamexcavatingco.com SITEL LLC Attn: David Beckman - General Counsel Addr: 3102 West End Avenue Nashville, TN 37203 36 Trade Unliquidated $1,262,603 USA Phone: (615)301-7100 Fax: (615)301-7252 Email: david.beckman@sitel.com TPUSA Attn: John Warren May - Chief Legal Officer Addr: 1991 South 4650 West 37 Salt Lake City, UT 84104 Trade Unliquidated $1,236,218 USA Phone: (801)257-5811 Fax: (801) 257-6246 Email: john.may@teleperformance.com

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K. >i tinL,Lnl n i it I iLdit>i l iiipkit 111 ilint, iddii. s unliumdir 1 Aim tint of nl up] v * iLcnt trriLp rtmcnt f N tui-L f*] m - 1 clitnr tiidihi f mill rwiihclilm ' UlSImlCI, °"»*1«»"

sLtufr KANSAS CITY SOUTHERN RAILWAY (KCS) Attn: William Wochner - Chief Legal Officer Addr: 427 West 12th Street 38 Trade Unliquidated $1,231,792 Kansas City, MO 64105 USA Phone: (816)983-1303 Fax: (816)783-1501 Email: wwochner@kcsouthern.com HEADWATERS RESOURCES INC Attn: Harlan M. Hatfield - Vice President, Secretary & General Counsel Addr: 10701 S River Front Parkway 39 Suite 300 Trade Unliquidated $1,215,760 South Jordan, UT 84095 USA Phone: (801) 984-9400 Fax: (801)984-9410 Email: hhatiield@headwaters.com TRENT WIND FARM L.P. Attn: President or General Counsel - Addr: Trent Wind Farm 1423 CR 131 40 Trent, TX 79561 Trade Unliquidated $1,188,168 USA Phone: (614)583-7035 Fax: (614) 583-1691 Email: clmcgarvey@aep.com LOWER COLORADO RIVER AUTHORITY Attn: Phil Wilson - General Manager Addr: Transmission Services Corp Austin, TX 78703 41 Trade Unliquidated $1,167,381 USA Phone: (512)473-3200 Fax: (512)578-3520 Email: general.manaRer@lcra.orR FRISCO CONSTRUCTION SERVICES Attn: Clay Thomas - Chief Executive Officer Addr: 9550 John W. Elliott Drive, Suite 106 42 Trade Unliquidated $1,097,597 Frisco, TX 75033 USA Phone: (214)975-0808 Fax: (214)975-0811 Email: cthomas@friscocs.com

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CUJUtHlf,CUl 1 N i l firclil r i i ij 1 1 n nil ito IdrtSA nub lUid iced n1«mjluM 1,1Dl adq irtmtnt i i N u ii vf cl uni disputed 0| SllhjCLl to ^fsPpJ.P^ig cicditri f iiiuhirmtli UiLuj siiifT CRANE NUCLEAR INC Attn: President or General Counsel Addr: 2825 Cobb International Blvd NW Kennesaw, GA 30152 43 USA Trade Unliquidated $1,062,900 Phone: (770) 429-4600 Fax: (770) 429.4750 Email: cinfo@cranevs.com AEP TEXAS NORTH COMPANY Attn: Mr. Charles R. Patton - President and Chief Operating Officer Addr: 1 Riverside Plaza 44 Columbus, OH 43215-2372 Trade Unliquidated $1,032,018 USA Phone: (614)716-1000 Fax: (614)716-1823 Email: Mmiller@apgellc.com J & S CONSTRUCTION LLC Attn: Jeff Grodel - Owner Addr: 10823 N US Highway 75 45 Buffalo, TX 75831 Trade Unliquidated $969,154 USA Phone: (903) 322-4942 Fax: (903)322-1940 FL SMIDTH AIRTECH INC Attn: Mark Brancato - General Counsel Addr: Cement Projects Americas 2040 Avenue C 46 Bethlehem, PA 18017 Trade Unliquidated $945,329 USA Phone: (610)264-6011 Fax: (610)264-6170 Email: Mark.Brancato@flsmidth.com NORTHEAST TEXAS POWER LTD Attn: David Petty - President Addr: 3163 Fm 499 Cumby, TX 75433 47 Trade Unliquidated $853,744 USA Phone: (903) 994-4200 Fax: (903) 994-2747 Email: petty@northeasttexaspower.com TAGGART GLOBAL LLC Attn: John Luke - General Counsel & Corp.

Secretary Addr: c/o Forge Group Ltd 4000 Town Center Boulevard 48 Trade Unliquidated $828,978 Canonsburg, PA 15317 USA Phone: (724) 754-9800 Fax: (724) 754-9801 Email: Info@forgegroup.com

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Continent N me f i< III l c mi Ml ii iilm tlli<\% unliquid itid nount of uulunpl \(4 Ifiil t n lipirlnuilt f Nituii uf l1 um rudit i jainilnr with il inn disputed or cub] 11 clmni btt* ir n i \ n ii s ii i i \ i

(ROLLS ROYCE) Attn: Miles Cowdry - President Rolls-Royce Civil Nuclear Addr: 994-A Explorer Blvd 49 Trade Unliquidated $822,000 Huntsville, AL 35806 USA Phone: (800)632-5126 Fax: (317)230-4699 Email: Miles.Cowdry@rolls-royce.com PENSION BENEFIT GUARANTY CORPORATION Attn: Israel Goldowitz- Office Of The Chief Counsel Addr: 1200 K Street, NW Contingent, 50 Pension Unknown Washington, DC 20005-4026 Unliquidated USA Phone: (202) 326-4020 Fax: (202)326-4112 Email: Goldowitz.Israel@pbgc.gov

OECLARATIQNUNPER PENALTY OF PERJURY

Pursuant to 28 U.S.C. § 1746, I, Anthony R. Horton, the duly qualified and authorized

signatory of Energy Future Holdings Corp., declare under penalty of perjury that I have reviewed

the foregoing list of creditors holding unsecured claims and that it is true and correct to the'best

of my information and belief.

Dated:t\fnj_29 2014 /t\K(t\^-

{Anthony R. Horton Treasurer

f4?

iir

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