EX-3.9 11 y57012ex3-9.txt CERTIFICATE OF FORMATION 1 Exhibit 3.9 State of Delaware Office of the Secretary of State PAGE 1 -------------------------------- I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED ARE TRUE AND CORRECT COPIES OF ALL DOCUMENTS ON FILE OF "BIG CAJUN I PEAKING POWER LLC" AS RECEIVED AND FILED IN THIS OFFICE. THE FOLLOWING DOCUMENTS HAVE BEEN CERTIFIED: CERTIFICATE OF FORMATION, FILED THE TWENTY-EIGHTH DAY OF JULY, A.D. 2000, AT 4 O'CLOCK P.M. CERTIFICATE OF AMENDMENT, CHANGING ITS NAME FROM "BC-I UNITS 3 & 4 LLC" TO "BIG CAJUN I PEAKING POWER LLC", FILED THE THIRD DAY OF AUGUST, A.D. 2000, AT 2 0' CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CERTIFICATES ARE THE ONLY CERTIFICATES ON RECORD OF THE AFORESAID LIMITED LIABILITY COMPANY. /s/ Edward J. Freel [SEAL] ---------------------------------------- Edward J. Freel, Secretary of State 3267138 8100H AUTHENTICATION: 0736193 001520068 DATE: 10-16-00 2 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 04:00 PM 07/28/2000 001384686 - 3267138 CERTIFICATE OF FORMATION OF BC-I UNITS 3 & 4 LLC The undersigned, being a natural person 18 years of age or older and for the purpose of forming a limited liability company for general business purposes under the Delaware Limited Liability Act, hereby adopts the following Certificate of Formation: 1. Name: The name of the limited liability company is BC-I Units 3 & 4 LLC. 2. Registered Office: The address of the registered office of the limited liability company is Corporation Trust Center, 1209 Orange Street, in the City of Wilmington, County of New Castle. The name of its registered agent at such address is The Corporation Trust Company. 3. Organizer: The name and address of the sole organizer of the limited liability company is Karin M. Wentz, NRG Energy, Inc., 1221 Nicollet Mall, Suite 700, Minneapolis, Minnesota 55403-2445. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation of BC-I Units 3 & 4 LLC this 28th day of July, 2000. /s/ Karin M. Wentz ---------------------------------------- Karin M. Wentz Authorized Person 3 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 02:00 PM 08/03/2000 001394004 - 3267138 CERTIFICATE OF AMENDMENT OF BC-I UNITS 3 & 4 LLC 1. The name of the limited liability company is BC-I Units 3 & 4 LLC. 2. The Certificate of Formation of the limited liability company is hereby amended as follows: The name of the limited liability company is Big Cajun I Peaking Power LLC. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Amendment of BC-I Units 3 & 4 LLC this 3rd day of August, 2000. /s/ David H. Peterson ---------------------------------------- David H. Peterson Manager