ML061590418

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

ML061590418
Person / Time
Site:	Perry
Issue date:	07/03/2006
From:	Shawn Campbell NRC/NRR/ADRO
To:	Leidich G FirstEnergy Nuclear Operating Co
Campbell S, NRC/NRR/DORL, 415-1486
References
TAC MD2185
Download: ML061590418 (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 - PERRY NUCLEAR POWER PLANT UNIT 1 (TAC NO. MD2185)

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 licenses 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. 50-440

Enclosure:

Notice cc w/encl: See next page

ML061590418 *NLO w/changes

• • Document held to be issued DB 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 Perry Nuclear Power Plant, Unit 1 cc:

David W. Jenkins, Attorney Radiological Assistance Section Supervisor FirstEnergy Corporation Bureau of Radiation Protection Mail Stop A-GO-18 Ohio Department of Health 76 South Main Street P.O. Box 118 Akron, OH 44308 Columbus, OH 43266-0118 Resident Inspector's Office Zack A. Clayton U.S. Nuclear Regulatory Commission DERR P.O. Box 331 Ohio Environmental Protection Agency Perry, OH 44081-0331 ATTN: Mr. Zack A. Clayton P.O. Box 1049 Regional Administrator, Region III Columbus, OH 43266-0149 U.S. Nuclear Regulatory Commission 2443 Warrenville Road Chairman Lisle, IL 60532-4531 Perry Township Board of Trustees 3750 Center Road, Box 65 Sue Hiatt Perry, OH 44081 OCRE Interim Representative 8275 Munson Daniel Z. Fisher Mentor, OH 44060 Transportation Department Public Utilities Commission Manager - Regulatory Compliance 180 East Broad Street FirstEnergy Nuclear Operating Company Columbus, OH 43215-3793 Perry Nuclear Power Plant P.O. Box 97, A210 Joseph J. Hagan 10 Center Road Senior Vice President of Operations and Perry, OH 44081 Chief Operating Officer First Energy Nuclear Operating Company Mayor, Village of North Perry Mail Stop A-GO-14 North Perry Village Hall 76 South Main Street 4449 Lockwood Road Akron, OH 44308 North Perry Village, OH 44081 Director, Regulatory Affairs Donna Owens, Director FirstEnergy Nuclear Operating Company Ohio Department of Commerce 395 Ghent Road Division of Industrial Compliance Akron, OH 44333 Bureau of Operations & Maintenance 6606 Tussing Road Richard Anderson P.O. Box 4009 Vice President Reynoldsburg, OH 43068-9009 FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Carol OClaire, Chief, Radiological Branch Mail Stop A-PY-A290 Ohio Emergency Management Agency P.O. Box 97, 10 Center Road 2855 West Dublin Granville Road Perry, OH 44081-0097 Columbus, OH 43235-7150 Mayor, Village of Perry P.O. Box 100 Perry, OH 44081-0100 Dennis Clum

Perry Nuclear Power Plant, 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 Jeannie M. Rinckel Vice President, Fleet Oversight 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 L. W. Pearce Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097 Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Mail Stop A-PY-A200 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

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

PERRY NUCLEAR POWER PLANT, UNIT 1 DOCKET NO. 50-440 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-58 for the Perry Nuclear Power Plant, Unit 1 (PNPP) currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), regarding its ownership interests in PNPP.

According to an application for approval filed by FirstEnergy Nuclear Operating Company (FENOC), the licensed operator of PNPP, 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 a direct wholly-owned subsidiary of FE Solutions. The Ohio Edison Company, which holds a leased

interest in PNPP and is licensed to possess such interest, is not involved in the planned corporate restructuring.

No physical changes to the PNPP 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 an application for the indirect transfer of a 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