L-2008-002, Corporate Merger of Decommissioning Trustee

Corporate Merger of Decommissioning Trustee

ML080070057
Person / Time
Site:	Saint Lucie, Point Beach, Seabrook, Turkey Point, Duane Arnold
Issue date:	01/03/2008
From:	Stall J Florida Power & Light Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L-2008-002
Download: ML080070057 (4)

Text

Florida Power & Light Company, 700 Universe Boulevard, P.O. Box 14000, Juno Beach, FL 33408-0420 FPL JAN 03 2008 L-2008-002 10 CFR 50.75 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 Re: Florida Power & Light Company St. Lucie Nuclear Plant, Units 1 and 2 Docket Nos. 50-335, 50-389 Turkey Point Nuclear Plant, Units 3 and 4 Docket Nos. 50-250, 50-251 FPL Energy Duane Arnold, LLC Duane Arnold Energy Center Docket No. 50-331 FPL Energy Point Beach, LLC Point Beach Nuclear Plant, Units 1 and 2 Docket Nos. 50-266, 50-301 FPL Energy Sea brook, LLC Seabrook Station Docket No. 50-443

Subject:

Corporate Merger of Decommissioning Trustee We are writing to respond to questions posed by the NRC Staff in a telephone conference on December 20, 2007 regarding the impending corporate merger of the trustee under the decommissioning trust agreements (NDTs) for the above-referenced licensees. The above-referenced licensees advised the NRC of the merger of Mellon Trust of Delaware, N.A., the existing NDT trustee, into The Bank of New York (Delaware) by letter L-2007-207 dated December 18, 2007.

1. Clarify whether a new trustee is being created by the merger of Mellon Trust of Delaware, N.A. into The Bank of New York (Delaware).

Response: No new trustee is being created by the merger of Mellon Trust of Delaware, N.A.,

into The Bank of New York (Delaware). As illustrated in the enclosed corporate diagram, there are currently two Delaware entities that are subsidiaries of the ultimate parent company, The Bank of New York Mellon Corporation -- Mellon Trust of Delaware, N.A., the current trustee for the NDTs, and The Bank of New York (Delaware). Mellon Trust of Delaware, N.A., is merging into an existing entity called The Bank of New York (Delaware). Immediately after the merger the name of this company will be changed to BNYM (Delaware).

an FPL Group company

U.S. Nuclear Regulatory Commission L-2008-002 Page 2 of 2

2. Provide information on the assets of The Bank of New York (Delaware).

Response: 'the current financials for The Bank of New York (Delaware) can be found at the FDIC website by using the following internet link:

http://www2.fdic.gov/idasp/StruReportNew.asp?inCert1 =24867&ReportName=lI &From=EzFind These assets specifically exclude assets under custody, administration, and management.

While not specifically requested by the NRC Staff, The Bank of New York (Delaware)'s ultimate parent is The Bank of New York Mellon Corporation. This entity's website link can be found at the following internet link:

http://www.bnvmellon .com/about/index, html An internet link to the most recent quarterly filing of the parent before the Securities and Exchange Commission can be found at the following internet link:

http://www. bnvmellon.com/investorrelations/financialreports/2007/2OO7q3. Ddf In summary, The Bank of New York Mellon has more than $20 trillion in assets under custody and administration, more than $1.1 trillion in assets under management, and services $11 trillion in outstanding debt. Please be advised that The Bank of New York Mellon Corporation will be providing the Florida Power & Light Company and FPL Energy licensees with a corporate guarantee in favor of the obligations of BNYM (Delaware) under the applicable Trust Agreements concurrently with the closing of the merger.

Should you have any questions concerning this letter, please contact Mitchell Ross, Vice President and Associate General Counsel, at 561-691-7126.

Sincerely yours, J.A.Stalli Senior Vice President, Nuclear and Chief Nuclear Officer Enclosure cc:

Jack Cushing (NRC - Point Beach Project Manager)

Karl Feintuch (NRC - Duane Arnold Project Manager)

Steven Hom (NRC- Office of Nuclear Reactor Regulation)

Ed Miller (NRC - Office of Nuclear Reactor Regulation)

Susan Uttal (NRC - Office of General Counsel)

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