ML052580030
| ML052580030 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 08/24/2005 |
| From: | Repka D AmerGen Energy Co, Winston & Strawn, LLP |
| To: | Annette Vietti-Cook NRC/SECY |
| Julian E | |
| References | |
| 50-289-LT, RAS 10452 | |
| Download: ML052580030 (2) | |
Text
- P)AS'/o'/5 2-WINSTON & STRAWN LILP 35 WEST WACKER DRIVE 1700 K STREET, N.W. 333 SOUTH GRAND AVENUE CHICAGO, ILLINOIS 60601-9703 WASHINGTON, D.C. 20006-3817 LOS ANGELES. CALIFORNIA 90071-1543 43 RUE DU RHONE 200 PARK AVENUE 1204 GENEVA. SWITZERLAND (202) 282-5000 NEW YORK, NEW YORK 10166-4193 BUCKLERSBURY HOUSE 21 AVENUE VICTOR HUGO FACSIMILE (202) 282-5100 3 QUEEN VICTORIA STREET 75116 PARIS. FRANCE LONDON. EC4N 8NH www.Winston.com 101 CALIFORNIA STREET SAN FRANCISCO. CALIFORNIA 94111-5894 DAVID A. REPKA (202) 282-5726 August 24, 2005 drepkalwinston.com DOCKETED USNRC August 29, 2005(11 :OOam)
OFFICE OF SECRETARY Annette L. Vietti-Cook RULEMAKINGS AND Secretary ADJUDICATIONS STAFF U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: AmerGen Energy Company, LLC Three Mile Island Nuclear Station, Unit 1 Docket No. 50-289 Request for Public Hearing by Eric Joseph Epstein
Dear Ms. Vietti-Cook:
On August 15, 2005, Mr. Eric Joseph Epstein filed with you, on the referenced docket, a document that requests a public hearing in connection with the March 3, 2005, application of AmerGen Energy Company, LLC ("AmerGen") under 10 C.F.R § 50.80. In that application, AmerGen requested Nuclear Regulatory Commission ("NRC") approval - if necessary - of any indirect transfer of the licenses for Clinton Power Station, Unit 1, Oyster Creek Generating Station, and Three Mile Island Nuclear Station, Unit I ("TMI") that might be involved in the pending merger of Exelon Corporation (AmerGen's indirect parent) and Public Service Enterprise Group ("PSEG"). Mr. Epstein's request for hearing is limited to TMI. For the reasons discussed below, AmerGen does not believe that any public hearing has been offered and, therefore, no formal response by AmerGen to the petition is required.
AmerGen's March 3, 2005 application under 10 C.F.R § 50.80 addressed the pending Exelon-PSEG merger. AmerGen's application explained that, under the pending merger agreement, Exelon and PSEG will combine to create Exelon Electric & Gas Corporation
("EEG"). AmerGen will continue to be the owner and licensed operator of TMI and will become an indirect, wholly-owned subsidiary of EEG. Current PSEG shareholders will, following the merger, hold approximately 32% of EEG; current Exelon shareholders will hold the balance.
Accordingly, AmerGen specifically requested NRC approval under 10 C.F.R. § 50.80 only to the icr-c,= sect/- 07 :5acy
WIINSTON & STPXAMN Ii.i Annette L. Vietti-Cook August 24, 2005 Page 2 Accordingly, AmerGen specifically requested NRC approval under 10 C.F.R. § 50.80 only to the extent necessary. On July 6, 2005, the NRC Staff documented the completion of its "threshold review," concluding that no NRC indirect license transfers are required under 10 C.F.R. § 50.80 under the present circumstances. Therefore, no FederalRegister notice of the application has been published and no opportunity for hearing has been offered by the NRC.
Mr. Epstein styles his petition as a request for hearing under 10 C.F.R. § 2.309.
However, as reflected in Section 2.309(a), that regulation applies to persons whose interest may be affected by a proceeding. Here, based on the NRC's threshold determination, there is no NRC approval necessary and none will be issued. Accordingly, there is no NRC proceeding that would give rise to any hearing opportunity. At most, Mr. Epstein's petition could be viewed as comments on a threshold determination.
Under these circumstances, AmerGen concludes that a formal answer to Mr.
Epstein's petition in accordance with 10 C.F.R. § 2.309(h) is neither warranted nor justified.
Moreover, AmerGen believes that the threshold determination by the NRC Staff is timely, accurate, and appropriate.
Mr. Epstein has included in his petition a discussion of his purported standing to intervene and his proposed contentions for hearing. AmerGen does not concede that, if a hearing were offered, Mr. Epstein has demonstrated standing or that his contentions would be admissible.
AmerGen recognizes that, under the NRC's rules, if there is a hearing opportunity and a proper petition is filed, the time for the licensee's response on the issues of standing and contentions begins from the date of the petition. Accordingly, if the Commission concludes that there is a proceeding, and that the petition should - for some unforeseen reason - be considered in accordance with the rules of practice, AnierGen requests that it be afforded an appropriate opportunity to respond to the petition.
Respectfully, Dai A. Repka Counsel for AmerGen Energy Company, LLC cc: Kathryn L. Winsberg Eric J. Epstein DC:431124.1