ML003729554
| ML003729554 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 07/13/2000 |
| From: | Croteau R NRC/NRR/DLPM/LPD1 |
| To: | Rainey G AmerGen Energy Co |
| References | |
| TAC MA8489 | |
| Download: ML003729554 (7) | |
Text
July 13, 2000 Mr. Gerald R. Rainey AmerGen Energy Company, LLC 965 Chesterbrook Blvd.
Wayne, PA 19087-5691
SUBJECT:
VERMONT YANKEE NUCLEAR POWER STATION - NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING (TAC NO. MA8489)
Dear Mr. Rainey:
Enclosed is a copy of a Notice of Consideration of Approval of Transfer of Facility Operating License and Opportunity for a Hearing related to the application dated February 28, 2000, as supplemented by submittals dated May 12, June 1, and June 28, 2000, from AmerGen Energy Company, LLC (AmerGen) and AmerGen Vermont, LLC. This application, in part, seeks approval under 10 CFR 50.80 of the indirect transfer of Facility Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station. The license transfer would occur in connection with the proposed transfer of PECO Energy Companys existing interest in AmerGen to a new generation company, Exelon Generation Company, LLC (EGC). EGC is to be a subsidiary of Exelon Ventures Company, which will be a wholly owned subsidiary of a new holding company, Exelon Corporation. Exelon Corporation will be formed as a result of a proposed merger of Unicom Corporation and PECO Energy Company. The Nuclear Regulatory Commission approved the transfer of the license for Vermont Yankee from Vermont Yankee Nuclear Power Corporation to AmerGen Vermont, LLC by order dated July 7, 2000, and will issue the conforming amendment when all transactions necessary to transfer the facility to AmerGen Vermont, LLC are completed. The staffs approval of the transfer of the license requested in the February 28, 2000, application will not occur unless and until AmerGen Vermont, LLC holds the license for Vermont Yankee.
This notice is being forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Richard P. Croteau, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosure:
Notice cc w/encl: See next page
July 13, 2000 Mr. Gerald R. Rainey AmerGen Energy Company, LLC 965 Chesterbrook Blvd.
Wayne, PA 19087-5691
SUBJECT:
VERMONT YANKEE NUCLEAR POWER STATION - NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING (TAC NO. MA8489)
Dear Mr. Rainey:
Enclosed is a copy of a Notice of Consideration of Approval of Transfer of Facility Operating License and Opportunity for a Hearing related to the application dated February 28, 2000, as supplemented by submittals dated May 12, June 1, and June 28, 2000, from AmerGen Energy Company, LLC (AmerGen) and AmerGen Vermont, LLC. This application, in part, seeks approval under 10 CFR 50.80 of the indirect transfer of Facility Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station. The license transfer would occur in connection with the proposed transfer of PECO Energy Companys existing interest in AmerGen to a new generation company, Exelon Generation Company, LLC (EGC). EGC is to be a subsidiary of Exelon Ventures Company, which will be a wholly owned subsidiary of a new holding company, Exelon Corporation. Exelon Corporation will be formed as a result of a proposed merger of Unicom Corporation and PECO Energy Company. The Nuclear Regulatory Commission approved the transfer of the license for Vermont Yankee from Vermont Yankee Nuclear Power Corporation to AmerGen Vermont, LLC by order dated July 7, 2000, and will issue the conforming amendment when all transactions necessary to transfer the facility to AmerGen Vermont, LLC are completed. The staffs approval of the transfer of the license requested in the February 28, 2000, application will not occur unless and until AmerGen Vermont, LLC holds the license for Vermont Yankee.
This notice is being forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Richard P. Croteau, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosure:
Notice cc w/encl: See next page DISTRIBUTION:
PUBLIC PDI-2 Reading E. Adensam J. Clifford T. Clark R. Croteau D. Skay OGC ACRS G. Meyer, RGN-I ACCESSION #: ML003729554 OFFICE PM:LPD1-2 LA:LPD1-2 OGC SC:PDI-2 NAME RCROTEAU TClark SHom JClifford DATE 7/12/00 7/12/00 7/12/00 7/12/00 OFFICIAL RECORD COPY
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION AMERGEN VERMONT, LLC VERMONT YANKEE NUCLEAR POWER STATION DOCKET NO. 50-271 NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of Facility Operating License No.
DPR-28 for the Vermont Yankee Nuclear Power Station (Vermont Yankee), currently held by Vermont Yankee Nuclear Power Corporation, as the owner and licensed operator.
A direct transfer of this license from Vermont Yankee Nuclear Power Corporation to AmerGen Vermont, LLC (AmerGen Vermont) was approved by the Nuclear Regulatory Commission by an order dated July 7, 2000. The conforming amendment to the license to reflect this transfer will be issued upon completion of the purchase of the facility by AmerGen Vermont. Upon completion of this transfer, AmerGen Vermont will hold the license as the owner and licensed operator of Vermont Yankee.
AmerGen Energy Company, LLC (AmerGen) and its wholly owned subsidiary AmerGen Vermont submitted an application to the Commission dated February 28, 2000, which was supplemented by submittals dated May 12, June 1, and June 28, 2000, for a subsequent indirect transfer of the license following the acquisition of Vermont Yankee by AmerGen Vermont. The indirect transfer proposed in the February 28, 2000, application as supplemented would result from the acquisition of PECO Energy Companys (PECOs) existing interest in AmerGen by a new generation company. This company, Exelon Generation Company, LLC, is to be a subsidiary of Exelon Ventures Company, which will be a wholly owned subsidiary of a new holding company, Exelon Corporation. Exelon Corporation will be formed from a planned merger between PECO and Unicom Corporation (Unicom). The facility is located in Vernon, Vermont.
According to the application filed by AmerGen and AmerGen Vermont, AmerGen is a limited liability company formed to acquire and operate nuclear power plants in the United States.
AmerGen Vermont is a limited liability company formed by AmerGen to acquire and operate Vermont Yankee. British Energy, Inc., and PECO each own 50 percent of AmerGen. Following completion of the merger between Unicom and PECO, Exelon Generation Company will acquire PECOs existing 50-percent ownership interest in AmerGen. AmerGen Vermont, as a wholly owned subsidiary of AmerGen, as owned by Exelon Generation Company and British Energy, Inc., will continue to be responsible, after the completion of the transfer of Vermont Yankee to AmerGen Vermont, for the operation, maintenance, and eventual decommissioning of Vermont Yankee. No direct transfer of the license is being proposed. Also, no physical changes to the facility or operational changes are being proposed in the application.
Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license if the Commission determines that the underlying transaction effectuating the indirect transfer will not affect the qualifications of the holder of the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below.
By August 8, 2000, any person whose interest may be affected by the Commissions action on the application may request a hearing and, if not, the applicant may petition for leave to intervene in a hearing proceeding on the Commissions action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commissions rules of practice set forth in Subpart M, Public Notification, Availability of Documents and Records, Hearing Requests and Procedures for Hearings on License Transfer Applications, of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.1306, and should address the considerations contained in 10 CFR 2.1308(a). Untimely requests and petitions may be denied, as provided in 10 CFR 2.1308(b), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
Requests for a hearing and petitions for leave to intervene should be served upon:
Kevin P. Gallen, Esq., Morgan, Lewis & Bockius LLP, 1800 M Street, N. W., Washington, DC 20036-5869; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (e-mail address for filings regarding license transfer cases only: OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.1313.
The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the FEDERAL REGISTER and served on the parties to the hearing.
As an alternative to requests for hearing and petitions to intervene, by August 18, 2000, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this FEDERAL REGISTER notice.
For further details with respect to this action, see the application dated February 28, 2000, and supplemental letters dated May 12, June 1, and June 28, 2000, which are available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, DC, and accessible electronically through the ADAMS Public Electronic Reading Room link at the NRC Web site (http:\\\\www.nrc.gov).
Dated at Rockville, Maryland this 13th day of July, 2000.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Richard P. Croteau, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation
Vermont Yankee Nuclear Power Station cc:
Mr. Samuel L. Newton Vice President Operations Vermont Yankee Nuclear Power Corp.
185 Old Ferry Road PO Box 7002 Brattleboro, VT 05302-7002 Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. David R. Lewis Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, DC 20037-1128 Mr. Richard P. Sedano, Commissioner Vermont Department of Public Service 112 State Street Montpelier, VT 05620-2601 Mr. Michael H. Dworkin, Chairman Public Service Board State of Vermont 112 State Street Montpelier, VT 05620-2701 Chairman, Board of Selectmen Town of Vernon P.O. Box 116 Vernon, VT 05354-0116 Mr. Richard E. McCullough Operating Experience Coordinator Vermont Yankee Nuclear Power Station P.O. Box 157 Governor Hunt Road Vernon, VT 05354 G. Dana Bisbee, Esq.
Deputy Attorney General 33 Capitol Street Concord, NH 03301-6937 Chief, Safety Unit Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Ms. Deborah B. Katz Box 83 Shelburne Falls, MA 01370 Mr. Raymond N. McCandless Vermont Department of Health Division of Occupational and Radiological Health 108 Cherry Street Burlington, VT 05402 Mr. Gautam Sen Licensing Manager Vermont Yankee Nuclear Power Corporation 185 Old Ferry Road PO Box 7002 Brattleboro, VT 05302-7002 Resident Inspector Vermont Yankee Nuclear Power Station U. S. Nuclear Regulatory Commission P.O. Box 176 Vernon, VT 05354 Director, Massachusetts Emergency Management Agency ATTN: James Muckerheide 400 Worcester Rd.
Framingham, MA 01702-5399 Jonathan M. Block, Esq.
Main Street P. O. Box 566 Putney, VT 05346-0566