ML061590388

Notice of Consideration of Approval for Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing

ML061590388
Person / Time
Site:	Davis Besse
Issue date:	07/03/2006
From:	Shawn Campbell Plant Licensing Branch III-2
To:	Leidich G FirstEnergy Nuclear Operating Co
Campbell S, NRC/NRR/DORL, 415-1486
References
TAC MD2184
Download: ML061590388 (8)

Text

July 3, 2006 Mr. Gary R. Leidich President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-19 76 South Main Street Akron, OH 44308

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING, AND OPPORTUNITY FOR A HEARING - DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 (TAC NO. MD2184)

Dear Mr. Leidich:

Enclosed is a copy of a Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring related to the application dated June 6, 2006, filed by FirstEnergy Nuclear Operating Company. The application (pursuant to 10 CFR 50.80) seeks approval of the proposed indirect transfer of the license to the extent held by FirstEnergy Nuclear Generation Corp. (FENGenCo) that would result from the proposed corporate restructuring under which FirstEnergy Solutions Corp. would become the direct corporate parent of FENGenCo.

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

Sincerely,

/RA/

Stephen J. Campbell, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346

Enclosure:

Notice cc w/encl: See next page

ML061590388 *No legal objection

• • Document held to be issued w/Perry and BV notices OFFICE LPL3-2/PM LPL3-2/LA LPL3-2/LA ** OGC

• LPL3-2/BC NAME SCampbell EWhitt DClarke SUttal DCollins DATE 6/9/06 6/9/06 7/3/06 6/27/06 6/28/06 Davis-Besse Nuclear Power Station, Unit 1 cc:

Manager - Regulatory Affairs State of Ohio FirstEnergy Nuclear Operating Company Public Utilities Commission Davis-Besse Nuclear Power Station 180 East Broad Street 5501 North State - Route 2 Columbus, OH 43266-0573 Oak Harbor, OH 43449-9760 Attorney General Director, Ohio Department of Commerce Office of Attorney General Division of Industrial Compliance 30 East Broad Street Bureau of Operations & Maintenance Columbus, OH 43216 6606 Tussing Road P.O. Box 4009 President, Board of County Reynoldsburg, OH 43068-9009 Commissioners of Ottawa County Port Clinton, OH 43252 Regional Administrator U.S. Nuclear Regulatory Commission President, Board of County 801 Warrenville Road Commissioners of Lucas County Lisle, IL 60523-4351 One Government Center, Suite 800 Toledo, OH 43604-6506 Resident Inspector U.S. Nuclear Regulatory Commission The Honorable Dennis J. Kucinich 5503 North State Route 2 United States House of Representatives Oak Harbor, OH 43449-9760 Washington, D.C. 20515 Barry Allen, Plant Manager The Honorable Dennis J. Kucinich FirstEnergy Nuclear Operating Company United States House of Representatives Davis-Besse Nuclear Power Station 14400 Detroit Avenue 5501 North State - Route 2 Lakewood, OH 44107 Oak Harbor, OH 43449-9760 Joseph J. Hagan Dennis Clum Senior Vice President of Operations and Radiological Assistance Section Supervisor Chief Operating Officer Bureau of Radiation Protection FirstEnergy Nuclear Operating Company Ohio Department of Health Mail Stop A-GO-14 P.O. Box 118 76 South Main Street Columbus, OH 43266-0118 Akron, OH 44308 Carol OClaire, Chief, Radiological Branch David W. Jenkins, Attorney Ohio Emergency Management Agency FirstEnergy Corporation 2855 West Dublin Granville Road Mail Stop A-GO-18 Columbus, OH 43235-2206 76 South Main Street Akron, OH 44308 Zack A. Clayton DERR Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43266-0149

Davis-Besse Nuclear Power Station, Unit 1 cc:

Danny L. Pace Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Manager, Fleet Licensing FirstEnergy Nuclear Operating Company Mail Stop A-GHE-107 395 Ghent Road Akron, OH 44333 Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3065 5501 North State Route 2 Oak Harbor, OH 43449-9760 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Mr. Mark B. Bezilla Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 DOCKET NO. 50-346 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING, AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Facility Operating License, No. NPF-3, for the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS) to the extent currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), regarding its ownership of the facility.

According to an application for approval filed by FirstEnergy Nuclear Operating Company (FENOC), the licensed operator of DBNPS, acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE Solutions), a corporate restructuring is planned such that FE Solutions will become the new direct corporate parent of FENGenCo. FE Solutions is currently a wholly-owned subsidiary of FirstEnergy Corp., as is FENGenCo. After the corporate restructuring, FE Solutions will continue to be a wholly-owned subsidiary of FirstEnergy Corp.,

while FENGenCo will be an indirect wholly-owned subsidiary of FirstEnergy Corp. and direct wholly-owned subsidiary of FE Solutions.

No physical changes to the DBNPS 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 corporate restructuring 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).

Requests for a hearing and petitions for leave to intervene should be served upon

Mr. David W. Jenkins, Esq., address: 76 South Main Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037, and email: djenkins@firstenergycorp.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 2.302 and 2.305.

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 June 6, 2006, available for public inspection at the Commission's 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's (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, or 301-415-4737 or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland this 3rd day of July 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Stephen J. Campbell, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation