ML053340272

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Duke Energy Corporation, Supplement to Application for Consent to the Indirect Transfer of Control of Licenses and for Conforming License Amendments Pursuant to 10 CFR 50.80, 10 CFR 50.90, 10 CFR 72.50, and 10 CFR 72.56
ML053340272
Person / Time
Site: Oconee, Mcguire, Catawba, McGuire  
Issue date: 11/28/2005
From: Barron H
Duke Power Co
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML053340272 (12)


Text

I.

Duke X efPower.

526 S(,uth Chturchl Street Mfail Code: ECO711 P. 0. Bor 1006 Charlotte, NC 28201.1006 (704) 382-2200 (Direct)

(704) 382-6056 (Far) harra mmduke-energy.com November 28, 2005 U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738 ATTENTION: Document Control Desk Re:

Duke Energy Corporation Supplement to Application for Consent to the Indirect Transfer of Control of Licenses and for Conforming License Amendments Pursuant to 10 CFR 50.80, 10 CFR 50.90,10 CFR 72.50, and 10 CFR 72.56 Oconee Nuclear Station, Units 1, 2 and 3 Renewed Facility Operating License Nos.

Docket Nos. 50-269, 50-270, 50-287 McGuire Nuclear Station, Units 1 and 2 Renewed Facility Operating License Nos.

Docket Nos. 50-369, 50-370 Catawba Nuclear Station, Units 1 and 2 Renewed Facility Operating License Nos.

Docket Nos. 50-413, 50-414 DPR-38, DPR-47, DPR-55 NPF-9, NPF-17 NPF-35, NPF-52 Oconee Nuclear Station Independent Spent Fuel Storage Installation NRC License No. SNM-2503 Docket No.72-004 On August 5, 2005, Duke Energy Corporation (Duke Energy) submitted to the Nuclear Regulatory Commission (NRC), an Application for Consent to the Indirect Transfer of Control of Licenses and for Conforming License Amendments Pursuant to 10 CFR 50.80, 10 CFR 50.90, 10 CFR 72.50, and 10 CFR 72.56 (Application).

In the Application, Duke Energy told the NRC that when the information became available, the Application would be supplemented with (1) the names, addresses, and citizenships of the Board of Directors and principal officers of the new Duke Energy Corporation (New Duke Energy); (2) the name and title of the senior executive to whom the Chief Nuclear Officer will report; and, (3) the names, addresses, and citizenships of the Board of Managers and principal officers of the licensee, Duke Power.

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U.S. Nuclear Regulatory Commission November 28, 2005 Page 2 Duke Energy does not anticipate selecting the final members of its Board until, or shortly before, the merger closes. However, as indicated in the initial submittal, the New Duke Energy's Board of Directors will have fifteen members. Ten of the twelve current Duke Energy Board of Directors and five of the nine current Cinergy Corporation Board of Directors will serve on the new Board.

The names, addresses, and citizenships of both of these Boards are listed in Attachment A.

Regarding its principle officers, Duke Energy previously announced James R. Rogers would serve as Chief Executive Officer. On November 18, 2005, subject to formal Board approval after the merger closes, Duke Energy publicly announced other principle officers. Their names are listed on Attachment B. Also on November 18, Duke Energy announced that the Chief Nuclear Officer will report to Ruth G. Shaw. Ms.

Shaw, who is currently the President and CEO of Duke Power, will provide executive leadership for nuclear strategy and operations, environmental policy and other public policy issues, and will report to the Chief Executive Officer.

In the Application, Duke Energy identified principle officers of Duke Power. In addition to Mr. Barron, the principle officers of Duke Power include Ronald A. Jones, currently Oconee Nuclear Station Site Vice President, who has been named Senior Vice President, Nuclear Operations, and the Site Vice Presidents, Gary R. Peterson at McGuire Nuclear Station, Dhiaa M. Jamil at Catawba Nuclear Station, and Bruce H.

Hamilton, currently Nuclear Station Manager, at Oconee Nuclear Station.

In keeping with the time frame for selecting the new Duke Energy Board, Duke Energy does not anticipate selecting the Board of Managers for Duke Power until, or shortly before, the merger closes. Duke Energy has confirmed, however, that at least 90% of the Board of Managers will be U. S. Citizens This correspondence contains no regulatory commitments.

If you have any questions regarding the foregoing information, please contact Timika Shafeek-Horton at (704) 382-6373.

Very truly yours, Henry B. Barron Attachments:

A.

Duke Energy Corporation and Cinergy Corporation Board of Directors B.

New Duke Energy Corporation Principle Officers

U.S. Nuclear Regulatory Commission November 28, 2005 Page 3 Henry B. Barron affirms that he is the person who subscribed his name to the foregoing statement, and that all the matters and facts set forth herein are true and correct to the best of his knowledge.

Henry B. Barron Group Vice President, Nuclear Generation, and Chief Nuclear Officer Subscribed and sworn to me: A)L) UPAN6 u&E c

uQ5 Date 4 I INotary Public My commission expires:

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U.S. Nuclear Regulatory Commission November 28, 2005 Page 4 xc:

W. D. Travers, Region II Administrator U.S. Nuclear Regulatory Commission Sam Nunn Atlanta Federal Center, 23 T85 61 Forsyth St., SW Atlanta, GA 30303-8931 L. N. Olshan, Senior Project Manager (ONS)

U.S. Nuclear Regulatory Commission 11555 Rockville Pike Mail Stop 0-8 G9A Rockville, MD 20852-2738 J. F. Stang, Jr., Project Manager (CNS & MNS)

U. S. Nuclear Regulatory Commission 11555 Rockville Pike Mail Stop 0-8 H4A Rockville, MD 20852-2738 M. C. Shannon NRC Senior Resident Inspector Oconee Nuclear Station J. B. Brady NRC Senior Resident Inspector McGuire Nuclear Station E. F. Guthrie NRC Senior Resident Inspector Catawba Nuclear Station H. J. Porter, Assistant Director Division of Radioactive Waste Management Bureau of Land and Waste Management South Carolina Department of Health and Environmental Control 2600 Bull St.

Columbia, SC 29201 B. 0. Hall, Section Chief Division of Environmental Health, Radiation Protection Section North Carolina Department of Environment and Natural Resources 1645 Mail Service Center Raleigh, NC 27699

U.S. Nuclear Regulatory Commission November 28, 2005 Page 5 bxc:

L. F. Vaughn - EC07H T. Shafeek-Horton - EC07H R. L. Gill - EC05P L. B. Jones - EC05P B. G. Davenport - ON03RC C. J. Thomas - MG01 RC R. D. Hart - CN01 RC J. E. Smith - ON03RC K. L. Crane - MG01 RC K. E. Nicholson - CN01 RC NCMPA-1 SREC PMPA NCEMC ONS Master File - ON02DM (File OS 801.01)

MNS Master File - MG01DM (File MC 801.01)

CNS Master File - CN04DM (File CN 801.01)

ELL - ECO50 D. Repka - Winston & Strawn LLP

Attachment A Page 1 of 5 Duke Energy Corporation and Cinergy Corporation Board of Directors The fifteen Board Members will be selected from these two lists:

Duke Energy Corporation Board of Directors Roger Agnelli President and Chief Executive Officer Companhia Vale do Rio Doce Av. Graca Araha 2 6 -2 8th Floor 20030-900 Rio de Janerio RJ Brazil Citizenship: Brazil Paul M. Anderson Chairman and Chief Executive Officer Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802 Citizenship: United States William Barnet, IlIl President The Barnet Company 507 East Saint John Street Spartanburg, SC 29302 Citizenship: United States

Attachment A Page 2 of 5 G. Alex Bernhardt, Sr.

Chairman and Chief Executive Officer Bernhardt Furniture Company P 0 Box 740 Lenoir, NC 28645 Citizenship: United States William T. Esrey Chairman Emeritus - Sprint 108 South Frontage Road West Suite 210 Vail, CO 81657 Citizenship: United States James H. Hance, Jr.

Retired Vice Chairman - Bank of America 424 Eastover Road Charlotte, NC 28207 Citizenship: United States Dennis R. Hendrix Retired Chairman of PanEnergy Corp Duke Energy Corporation 5400 Westheimer Court, WO-7A22 Houston, TX 70056-5310 Citizenship: United States A. Max Lennon President Education and Research Services 151 Patton Ave, Box 166 Asheville, NC 28801 Citizenship: United States

Attachment A Page 3 of 5 James G. Martin Corporate Vice President Carolinas HealthCare System P 0 Box 32861 Charlotte, NC 28232 Citizenship: United States Michael E. J. Phelps Chairman Dornoch Capital, Inc.

Suite 1850 Commerce Place 400 Burrard Street Vancouver, BC, Canada V6C 3A6 Citizenship: Canada James T. Rhodes Retired Chairman, President and Chief Executive Officer - Institute of Nuclear Power Operations 5407 Matoaka Road Richmond, VA 23226 Citizenship: United States Cinergy Corporation Board of Directors Michael G. Browning Chairman and President Browning Investments 6100 West 96th Street, Suite 250 Indianapolis, IN 46278 Citizenship: United States

Attachment A Page 4 of 5 Phillip R. Cox President and CEO Cox Financial Corporation 105 E. Fourth Street, Suite 600 Cincinnati, OH 45202 Citizenship: United States George C. Juilfs Chairman of the Board and CEO SENCORP One Riverfront Place Newport, KY 41071 Citizenship: United States Thomas E. Petry Suite 1600 312 Walnut St.

Cincinnati, OH 45202 Citizenship: United States James E. Rogers Chairman, President and CEO Cinergy Corp.

Room 3019 AT 139 E. Fourth Street Cincinnati, OH 45202 Citizenship: United States Mary L. Schapiro NASD Regulation, Inc.

Vice Chairman 1735 K Street, N.W.

Washington, DC 20006-1500 Citizenship: United States

Attachment A Page 5 of 5 John J. Schiff, Jr.

Chairman of the Board Cincinnati Financial Corporation P. O. Box 145496 Cincinnati, OH 45250-5496 Citizenship: United States Philip R. Sharp President Resources for the Future 1616 P Street, NW Washington, DC 20036 Citizenship: United States Dudley S. Taft President and CEO Taft Broadcasting Company Suite 3550 312 Walnut Street Cincinnati, OH 45202 Citizenship: United States

Attachment B Page 1 of 2 New Duke Energy Corporation Principle Officers On November 18, 2005, Duke Energy publicly announced the names of the following principle officers of Duke Energy:

James E. Rogers President and Chief Executive Officer Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802 James L. Turner Chief Commercial Officer - U.S. Franchised Electric and Gas Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802 Thomas C. O'Conner Chief Operations Officer - U.S. Franchised Electric and Gas Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802 Paul H. Barry Chief Executive Officer - Duke Energy Americas Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802

Attachment B Page 2 of 2 Fred J. Fowler Chief Executive Officer - Duke Energy Gas Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802 David L. Hauser Chief Financial Officer - Finance Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802 Marc E. Manley Vice President General Counsel Duke Energy Corporation 526 S. Church Street, EC3XB Charlotte, NC 28202-1802