ML060310047

Letter, Notice of FPL Constellation Merger, Indirect License Transfer

ML060310047
Person / Time
Site:	Seabrook
Issue date:	02/13/2006
From:	Geoffrey Miller Plant Licensing Branch III-2, NRC/NRR/ADRO/DORL/LPLB
To:	Peschel J, St.Pierre G Florida Power & Light Energy Seabrook
Miller G, NRR/DLPM, 415-2481
References
TAC MC9654
Download: ML060310047 (7)

Text

February 13, 2006 Mr. Gene F. St. Pierre, Site Vice President c/o James M. Peschel Seabrook Station FPL Energy Seabrook, LLC PO Box 300 Seabrook, NH 03874

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER AND OPPORTUNITY FOR A HEARING -

SEABROOK STATION, UNIT NO. 1 (TAC NO. MC9654)

Dear Mr. St. Pierre:

Enclosed is a copy of a Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing related to the application dated January 20, 2006, filed by FPL Energy Seabrook, LLC (FPLE). Pursuant to Title 10 of the Code of Federal Regulations, Section 50.80, the application seeks approval of the proposed indirect transfer of the license as held by FPLE for Seabrook Station, Unit No. 1, to the extent effected by the proposed merger of FPL Group, Inc. (the parent organization of FPLE) and Constellation Energy Group, Inc.

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

Sincerely,

/RA/

G. Edward Miller, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443

Enclosure:

As stated cc w/encl: See next page

ML060310047 *No Legal Objection NRR-106 OFFICE LEAD PM LPL1-2/PM LPL1-2/LA OGC LPL1-2/BC NAME BMoroney GMiller CRaynor SUttal

• DRoberts DATE 02/02/06 01/31/06 01/31/06 02/06/06 02/06/06 Seabrook Station, Unit No. 1 cc:

Mr. J. A. Stall Mr. Tom Crimmins Senior Vice President, Nuclear and Polestar Applied Technology Chief Nuclear Officer One First Street, Suite 4 Florida Power & Light Company Los Altos, CA 94019 P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Stephen McGrail, Director ATTN: James Muckerheide Mr. Peter Brann Massachusetts Emergency Management Agency Assistant Attorney General 400 Worcester Road State House, Station #6 Framingham, MA 01702-5399 Augusta, ME 04333 Philip T. McLaughlin, Attorney General Resident Inspector Steven M. Houran, Deputy Attorney U.S. Nuclear Regulatory Commission General Seabrook Nuclear Power Station 33 Capitol Street P.O. Box 1149 Concord, NH 03301 Seabrook, NH 03874 Mr. Bruce Cheney, Director Town of Exeter New Hampshire Office of Emergency 10 Front Street Management Exeter, NH 03823 State Office Park South 107 Pleasant Street Regional Administrator, Region I Concord, NH 03301 U.S. Nuclear Regulatory Commission 475 Allendale Road Mr. M. S. Ross, Managing Attorney King of Prussia, PA 19406 Florida Power & Light Company P.O. Box 14000 Office of the Attorney General Juno Beach, FL 33408-0420 One Ashburton Place, 20th Floor Boston, MA 02108 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Board of Selectmen Florida Power & Light Company Town of Amesbury P.O. Box 14000 Town Hall Juno Beach, FL 33408-0420 Amesbury, MA 01913 James M. Peschel Ms. Deborah Bell Regulatory Programs Manager Federal Emergency Management Agency Seabrook Station Region I FPL Energy Seabrook, LLC J.W. McCormack P.O. & PO Box 300 Courthouse Building, Room 401 Seabrook, NH 03874 Boston, MA 02109

Seabrook Station, Unit No. 1 cc:

David Moore Vice President, Nuclear Operations Support Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi Senior Attorney Florida Power & Light Company 801 Pennsylvania Ave., NW Suite 220 Washington, DC 20004

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION FPL ENERGY SEABROOK, LLC SEABROOK STATION, UNIT NO. 1 DOCKET NO. 50-443 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED MERGER AND OPPORTUNITY FOR A HEARING The Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 approving the indirect transfer of Facility Operating License No. NPF-86 for the Seabrook Station, Unit No. 1 (Seabrook), to the extent currently held by FPL Energy Seabrook, LLC (FPLE) as a co-owner and licensed operator of Seabrook.

According to an application for approval filed by FPLE, FPL Group, Inc., the parent organization of FPLE, will merge with a newly created subsidiary of Constellation Energy Group, Inc. and become a wholly owned subsidiary of Constellation Energy Group, Inc. FPLE will continue to own its 88.23 percent ownership interest in Seabrook, operate Seabrook, and hold the license to the same extent now held. The other co-owners of Seabrook, Hudson Light

& Power Department, Massachusetts Municipal Wholesale Electric Company, and Taunton Municipal Light Plant, are not involved in the proposed transaction.

No physical changes to the Seabrook 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 the application for the indirect transfer of the license if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold 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.

Within 20 days from the date of publication of this notice, 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 C Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings, of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), 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 2.309(c)(1)(I)-(viii).

In accordance with 10 CFR Sections 2.302 and 2.305, requests for a hearing and petitions for leave to intervene should be served upon M. S. Ross, Managing Attorney, Florida Power & Light Company, P.O. Box 14000, Juno Beach, FL 33408-0420 (telephone: 561-691-7126, fax: 561-694-6274, e mail: mitch_ross@fpl.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, 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, within 30 days from the date of publication of this notice, 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 January 20, 2006, 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 System (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 13th day of February 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

G. Edward Miller, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation