ML032410234
| ML032410234 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/23/2003 |
| From: | Thadani M NRC/NRR/DLPM/LPD4 |
| To: | Terry C TXU Energy |
| Thadani M, NRR/DLPM, 415-1476 | |
| References | |
| TAC MC0241, TAC MC0242 | |
| Download: ML032410234 (5) | |
Text
August 28, 2003 Mr. C. Lance Terry Senior Vice President
& Principal Nuclear Officer TXU Energy ATTN: Regulatory Affairs P. O. Box 1002 Glen Rose, TX 76043 SUBJECT COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 -
THRESHOLD DETERMINATION FOR PROPOSED RESTRUCTURING TRANSACTIONS OF TXU GENERATION COMPANY (TAC NOS. MC0241 AND MC0242)
Dear Mr. Terry:
In a letter dated August 1, 2003, as supplemented by letter dated August 15, 2003, TXU Generation Company LP (TXU Generation), the licensee for the Comanche Peak Steam Electric Station, Units 1 and 2 (CPSES), submitted to the U.S. Nuclear Regulatory Commission (NRC) information pertaining to proposed restructuring transactions involving: 1) the transfer of non-voting common stock of an intermediate parent of the licensee to a newly-formed wholly-owned subsidiary of TXU Corp., the ultimate parent of the licensee; 2) the elimination of an intermediate parent, wholly-owned by an upstream intermediate parent, TXU Energy Company LLC; and 3) the substitution of a new limited partner of TXU Generation Company LP for the current limited partner, without any change in the general partner of the licensee.
Based on its threshold review in connection with the provisions of 10 CFR 50.80, the NRC staff has determined that the subject transactions as described by the licensee do not involve a transfer, direct or indirect, of the operating licenses for CPSES. Thus, no NRC prior consent is required. The NRC staff s conclusion that license transfer approval is not required is based, in substantial part, on representations and supporting documentation provided by the licensee consistent with the notion that (1) there will be no direct or indirect transfer of any right or authority, whether immediate or contingent, to exercise control over the decisions of the directly affected entities, notwithstanding the substantial amount of equity in such entities being transferred, and (2) those persons who presently control the decisions of those entities will continue to maintain such control.
Mr. Terry The staff notes that its threshold determination above does not encompass potential mergers involving the licensees general partner referenced in a footnote in the August 1, 2003, submittal. The staff would require additional information in order to address such mergers.
Sincerely,
/RA/
Mohan C. Thadani, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page
ML032410234 OFFICE PDIV-1/PM PDIV-1/LA OGC RPRP PDIV-1/SC NAME MThadani:sab DJohnson CMarco AMcKeigney RGramm DATE 8/28/03 8/28/03 8/28/03 8/28/03 8/28/03
Comanche Peak Steam Electric Station, Units 1 & 2 cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 2159 Glen Rose, TX 76403-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. Roger D. Walker Regulatory Affairs Manager TXU Generation Company LP P. O. Box 1002 Glen Rose, TX 76043 George L. Edgar, Esq.
Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P. O. Box 851 Glen Rose, TX 76043 Environmental and Natural Resources Policy Director Office of the Governor P. O. Box 12428 Austin, TX 78711-3189 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Mr. Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P. O. Box 13087 Austin, TX 78711-3087 Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Program P. O. Box 12157 Austin, TX 78711