ML033020316

Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing - Millstone, Units 1, 2 & 3

ML033020316
Person / Time
Site:	Millstone
Issue date:	11/05/2003
From:	Richard Ennis NRC/NRR/DLPM/LPD1
To:	Christian D Dominion Nuclear Connecticut
Ennis R, NRR/DLPM, 415-1420
References
TAC MC0999, TAC MC1000, TAC MC1001
Download: ML033020316 (9)

Text

November 5, 2003 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING AND OPPORTUNITY FOR A HEARING - MILLSTONE POWER STATION, UNIT NOS. 1, 2, AND 3 (TAC NOS. MC0999, MC1000, AND MC1001)

Dear Mr. Christian:

Enclosed is a copy of a "Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing" related to the application dated October 8, 2003, filed by Dominion Nuclear Connecticut, Inc. (DNC). Pursuant to Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR), the application seeks approval of the indirect transfer of Facility Operating Licenses Nos. DPR-21, DPR-65, and NPF-49 for the Millstone Power Station, Unit Nos. 1, 2, and 3, respectively, to the extent such would be effected by a proposed change in the structure of the corporate entities that own DNC. The proposed changes would result from a corporate realignment involving several steps, including:

the elimination of certain intermediate subsidiaries of Dominion Resources, Inc. (DRI) that are parents of DNC; the merger of certain intermediate subsidiaries of DRI, affecting the chain of ownership of DNC; and the insertion of a new direct parent for DNC in the corporate structure.

This notice is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-245, 50-336, and 50-423

Enclosure:

As stated cc w/encl: See next page

ML033020316 OFFICE PDI-2/PM PDI-2/LA OGC PDI-2/SC NAME REnnis CRaynor CMarco JBoska for JClifford DATE 11/04/03 11/04/03 11/04/03 11/05/03 Millstone Power Station, Unit Nos. 1, 2, and 3 cc:

Lillian M. Cuoco, Esquire Mr. P. J. Parulis Senior Counsel Manager - Nuclear Oversight Dominion Resources Services, Inc. Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D. Mr. John Markowicz Director, Division of Radiation Co-Chair Department of Environmental Nuclear Energy Advisory Council Protection 9 Susan Terrace 79 Elm Street Waterford, CT 06385 Hartford, CT 06106-5127 Ms. Nancy Burton Regional Administrator, Region I 147 Cross Highway U.S. Nuclear Regulatory Commission Redding Ridge, CT 00870 475 Allendale Road King of Prussia, PA 19406 Mr. G. D. Hicks Director - Nuclear Station Safety and First Selectmen Licensing Town of Waterford Dominion Nuclear Connecticut, Inc.

15 Rope Ferry Road Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Mr. W. R. Matthews Mr. Evan W. Woollacott Senior Vice President - Nuclear Operations Co-Chair Dominion Nuclear Connecticut, Inc. Nuclear Energy Advisory Council Rope Ferry Road 128 Terrys Plain Road Waterford, CT 06385 Simsbury, CT 06070 Charles Brinkman, Director Mr. William D. Meinert Washington Operations Nuclear Services Nuclear Engineer Westinghouse Electric Company Massachusetts Municipal Wholesale 12300 Twinbrook Pkwy, Suite 330 Electric Company Rockville, MD 20852 P.O. Box 426 Ludlow, MA 01056 Senior Resident Inspector Millstone Power Station Mr. David W. Dodson c/o U.S. Nuclear Regulatory Commission Licensing Supervisor P. O. Box 513 Dominion Nuclear Connecticut, Inc.

Niantic, CT 06357 Roper Ferry Road Waterford, CT 06385

Millstone Power Station, Unit Nos. 1, 2, and 3 cc:

Mr. S. E. Scace Attorney Nicholas J. Scobbo, Jr.

Assistant to the Site Vice President Ferriter, Scobbo, Caruso, Rodophele, PC Dominion Nuclear Connecticut, Inc. 75 State Street, 7th Floor Rope Ferry Road Boston, MA 02108-1807 Waterford, CT 06385 Ernest C. Hadley, Esquire Mr. M. J. Wilson 1040 B Main Street Manager - Nuclear Training P.O. Box 549 Dominion Nuclear Connecticut, Inc. West Wareham, MA 02576 Rope Ferry Road Waterford, CT 06385 Citizens Regulatory Commission ATTN: Ms. Susan Perry Luxton Mr. A. J. Jordan, Jr. 180 Great Neck Road Director - Nuclear Engineering Waterford, CT 06385 Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Deborah Katz, President Waterford, CT 06385 Citizens Awareness Network P.O. Box 83 Mr. S. P. Sarver Shelburne Falls, MA 03170 Director - Nuclear Station Operations and Maintenance Mr. John Buckingham Dominion Nuclear Connecticut, Inc. Department of Public Utility Control Rope Ferry Road Electric Unit Waterford, CT 06385 10 Liberty Square New Britain, CT 06051 Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. Chris L. Funderburk Director, Nuclear Licensing and Operations Support Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. Allan Johanson, Assistant Director Office of Policy and Management Policy Development & Planning Division 450 Capitol Avenue - MS# 52ERN P.O. Box 341441 Hartford, CT 06134-1441

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DOMINION NUCLEAR CONNECTICUT, INC.

MILLSTONE POWER STATION, UNIT NOS. 1, 2, AND 3 DOCKET NOS. 50-245, 50-336, AND 50-423 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission or NRC) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of Facility Operating Licenses Nos. DPR-21, DPR-65, and NPF-49 for the Millstone Power Station, Unit Nos. 1, 2, and 3 (Millstone), respectively, to the extent held by Dominion Nuclear Connecticut, Inc. (DNC).

DNC is a wholly-owned, indirect subsidiary of Dominion Resources, Inc. (DRI), the ultimate parent of DNC. The proposed changes would result from a corporate realignment involving several steps, including: the elimination of certain intermediate subsidiaries of DRI that are parents of DNC; the merger of certain intermediate subsidiaries of DRI, affecting the chain of ownership of DNC; and the insertion of a new direct parent for DNC in the corporate structure.

According to an application for approval filed by DNC dated October 8, 2003, the proposed corporate restructuring would involve an internal realignment and consolidation of energy marketing functions within the Dominion companies. The changes would not result in any direct transfer of the facility licenses for the Millstone units which are and would remain held by DNC and, in the case of Millstone Unit No. 3, certain unaffiliated co-owners. Following the proposed restructuring, DNC would continue to operate and (in conjunction with the unaffiliated

owners of Millstone Unit No. 3) own the Millstone units. No physical changes to the Millstone units 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 that will effectuate 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 December 2, 2003, 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 Lillian M. Cuoco, Senior Counsel, Dominion Resources Services, Inc., Rope Ferry Road, Waterford, CT 06385 (telephone: 860-444-5316; fax: 860-444-4278; e-mail: lillian_cuoco@dom.com); the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (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 December 30, 2003, 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 October 8, 2003, available for public inspection at the Commissions Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide

Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737 or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland this 5th day of November, 2003.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation