ML070310436
| ML070310436 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 02/22/2007 |
| From: | Milano P NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | Koehl D Nuclear Management Co |
| Milano P | |
| References | |
| TAC MC4113, TAC MD4112 | |
| Download: ML070310436 (8) | |
Text
February 22, 2007 Mr. Dennis L. Koehl Site Vice President Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241-9516
SUBJECT:
POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF RENEWED FACILITY OPERATING LICENSES, MATERIALS LICENSE, AND CONFORMING AMENDMENTS, AND OPPORTUNITY FOR A HEARING (TAC NOS. MD4112 AND MD4113)
Dear Mr. Koehl:
Enclosed is a copy of a "Notice of Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials License, and Conforming Amendments, and Opportunity for a Hearing, related to the application dated January 26, 2007, filed by Nuclear Management Company, LLC (NMC), and Wisconsin Electric Power Company (WEPCO), for the Point Beach Nuclear Plant, Unit Nos. 1 and 2 (Point Beach). The application, pursuant to Sections 50.80 and 72.50(a) of Title 10 of the Code of Federal Regulations (10 CFR), seeks approval of the proposed direct transfer of Renewed Facility Operating License Nos. DPR-24 and DPR-27 from NMC, of its operating authority, and WEPCO, of its ownership interests, under the licenses to FPL Energy Point Beach, LLC. In addition, WEPCO and NMC seek, as an option, approval to transfer the operating authority for Point Beach from NMC to FPL Energy Point Beach prior to the closing for the transfer of ownership. The application also seeks, pursuant to 10 CFR 50.90, the issuance of conforming amendments to the licenses to reflect the transfers.
The notice is being forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Patrick D. Milano, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301
Enclosure:
Notice cc w/encl: See next page
Mr. Dennis L. Koehl February 22, 2007 Site Vice President Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241-9516
SUBJECT:
POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF RENEWED FACILITY OPERATING LICENSES, MATERIALS LICENSE, AND CONFORMING AMENDMENTS, AND OPPORTUNITY FOR A HEARING (TAC NOS. MD4112 AND MD4113)
Dear Mr. Koehl:
Enclosed is a copy of a "Notice of Consideration of Approval of Transfer of Renewed Facility Operating Licenses, Materials License, and Conforming Amendments, and Opportunity for a Hearing, related to the application dated January 26, 2007, filed by Nuclear Management Company, LLC (NMC), and Wisconsin Electric Power Company (WEPCO), for the Point Beach Nuclear Plant, Unit Nos. 1 and 2 (Point Beach). The application, pursuant to Sections 50.80 and 72.50(a) of Title 10 of the Code of Federal Regulations (10 CFR), seeks approval of the proposed direct transfer of Renewed Facility Operating License Nos. DPR-24 and DPR-27 from NMC, of its operating authority, and WEPCO, of its ownership interests, under the licenses to FPL Energy Point Beach, LLC. In addition, WEPCO and NMC seek, as an option, approval to transfer the operating authority for Point Beach from NMC to FPL Energy Point Beach prior to the closing for the transfer of ownership. The application also seeks, pursuant to 10 CFR 50.90, the issuance of conforming amendments to the licenses to reflect the transfers.
The notice is being forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Patrick D. Milano, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301
Enclosure:
Notice cc w/encl: See next page cc: Plant Mailing List DISTRIBUTION: for letter to D. Koehl, NMC, dated PUBLIC LPL3-1 Reading File RidsNrrDorl RidsNrrDorlLp3-I RidsNrrPMPMilano RidsNrrLATHarris S. Uttal, OGC RidsOgcMailCenter RidsNrrDprPfpb RidsAcrsAcnwMailCenter RidsRgn3MailCenter RidsNrrDORLDpr P. Louden, R-I S. Hom Accession Number: ML070310436 OFFICE LPL3-1\\PM LPL3-1\\LA OGC LPL3-1\\BC NAME PMilano:ca EW for THarris SUttal LRaghavan DATE 02/20/07 02/20/07 02/16/07 02/22/07 OFFICIAL RECORD COPY
Point Beach Nuclear Plant, Units 1 and 2 cc:
Jonathan Rogoff, Esquire Vice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Mr. F. D. Kuester President & Chief Executive Officer WE Generation 231 West Michigan Street Milwaukee, WI 53201 Regulatory Affairs Manager Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241 Mr. Ken Duveneck Town Chairman Town of Two Creeks 13017 State Highway 42 Mishicot, WI 54228 Chairman Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4351 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241 Mr. Jeffery Kitsembel Electric Division Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Nuclear Asset Manager Wisconsin Electric Power Company 231 West Michigan Street Milwaukee, WI 53201 Michael B. Sellman President and Chief Executive Officer Nuclear Management Company, LLC 700 First Street Hudson, MI 54016 Douglas E. Cooper Senior Vice President & Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Site Director of Operations Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241 Mitchell S. Ross Associate General Counsel FPL Energy Point Beach, LLC 700 Universe Blvd.
Juno Beach, Florida 33408 Arthur H. Domby Troutman Sanders LLP 600 Peachtree Street Atlanta, Georgia 30308
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NUCLEAR MANAGEMENT COMPANY, LLC WISCONSIN ELECTRIC POWER COMPANY POINT BEACH NUCLEAR PLANT, UNIT NOS. 1 AND 2, AND INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NOS. 50-266, 50-301, AND 72-5 NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF RENEWED FACILITY OPERATING LICENSES AND CONFORMING AMENDMENTS 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 direct transfer of the Renewed Facility Operating Licenses, which are numbered DPR-24 and DPR-27, for the Point Beach Nuclear Plant, Unit Nos. 1 and 2 (Point Beach), currently held by Wisconsin Electric Power Company (WEPCO), as owner, and Nuclear Management Company, LLC (NMC), as operating authority, of Point Beach. The transfer would be to FPL Energy Point Beach, LLC (FPLE Point Beach). WEPCO and NMC are also seeking, as an option, approval to transfer the operating authority for Point Beach from NMC to FPLE Point Beach prior to the closing for the transfer of ownership. The Commission is considering amending the licenses for administrative purposes to reflect the proposed transfers.
According to an application for approval dated January 26, 2007, and filed by WEPCO and NMC, FPLE Point Beach would acquire ownership of the facility following approval of the proposed transfer of licenses, and would be responsible for the operation and maintenance of Point Beach. FPLE Point Beach will also take title to the general license for the independent spent fuel storage installation. In addition, WEPCO and FPLE Point Beach have signed an Interim Operating Agreement that would permit WEPCO, at its option, and upon receipt of applicable regulatory approvals, to transfer operating authority to FPLE Point Beach prior to the closing for the ownership transfer. In a separate letter from FPLE Point Beach dated January 26, 2007, FPLE Point Beach provided the proprietary versions of several enclosures to the application from NMC and WEPCO that include proprietary financial information to support the application.
No physical changes to the Point Beach facility or operational changes are being proposed in the application.
The proposed amendments would replace references to WEPCO and NMC in the licenses with references to FPLE Point Beach, to reflect the proposed transfer.
Pursuant to 10 CFR 50.80 and 72.50, 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 direct transfer of a license, if the Commission determines that the proposed transferee is qualified 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.
Before issuance of the proposed conforming license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissions regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility, which does no more than conform the licenses to reflect the transfer action, involves no significant hazards consideration and no genuine issue as to whether the health and safety of the public will be significantly affected. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91.
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 Arthur H. Domby, Troutman Sanders LLP, 600 Peachtree Street, Atlanta, GA 30308, telephone:
404-885-3130, facsimile: 404-962-6546, e-mail: arthur.domby@troutmansanders.com; Jonathan Rogoff, Vice President, General Counsel and Secretary, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016, telephone: 715-377-3316, facsimile:
715-386-1013, e-mail: jonathan.rogoff@nmcco.com; Mitchell S. Ross, Associate General Counsel, FPL Energy Point Beach, LLC, 700 Universe Blvd., Juno Beach, Florida 33408, telephone: 561-691-7126, facsimile: 561-691-7135, 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, 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 January 26, 2007, 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 Agency wide 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 22nd day of February 2007.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Patrick D. Milano, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation