ML072550044

Individual Notice

ML072550044
Person / Time
Site:	Palisades
Issue date:	01/03/2008
From:	Pickett D NRC/NRR/ADRO/DORL/LPLI-1
To:	Kansler M Entergy Nuclear Operations
Pickett D, NRR/DORL, 415-1364
References
TAC MD6183
Download: ML072550044 (11)

Text

January 3, 2008 Mr. Michael R. Kansler President & CEO/CNO Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING AND OPPORTUNITY FOR A HEARING - PALISADES NUCLEAR PLANT (TAC NO.

MD6183)

Dear Mr. Kansler:

Enclosed is a copy of a "Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing," related to the application dated July 30, 2007, as supplemented by letter dated December 5, 2007, filed by Entergy Nuclear Operations, Inc. on behalf of itself and Entergy Nuclear Palisades, LLC. The application, pursuant to 10 CFR 50.80, seeks approval of the proposed indirect transfer of the Palisades Nuclear Plant, Renewed Facility Operating License No. DPR-20 to the extent effected by the proposed corporate restructuring.

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

Sincerely,

/ra/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-255 and 72-7

Enclosure:

Notice cc w/encl: See next page

January 3, 2008 Mr. Michael R. Kansler President & CEO/CNO Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING AND OPPORTUNITY FOR A HEARING - PALISADES NUCLEAR PLANT (TAC NO.

MD6183)

Dear Mr. Kansler:

Enclosed is a copy of a "Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing," related to the application dated July 30, 2007, as supplemented by letter dated December 5, 2007, filed by Entergy Nuclear Operations, Inc. on behalf of itself and Entergy Nuclear Palisades, LLC. The application, pursuant to 10 CFR 50.80, seeks approval of the proposed indirect transfer of the Palisades Nuclear Plant, Renewed Facility Operating License No. DPR-20 to the extent effected by the proposed corporate restructuring.

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

Sincerely,

/ra/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-255 and 72-7

Enclosure:

Notice cc w/encl: See next page Distribution:

PUBLIC RidsNrrDorlLpl1-1 RidsNrrLASLittle LPL1-1 R/F RidsNrrPMDPickett RidsOgcMailCenter RidsNrrPMMChawla Accession Number: ML072550044 OFFICE LPL1-1/PM LPL1-1/LA OGC LPL1-1/BC NAME DPickett SLittle SUttal MKowal DATE 1/2 / 08 10 / 17 / 07 12 / 31 / 07 1 / 3 / 08 OFFICIAL RECORD COPY

Palisades Plant cc:

Supervisor Mr. John T. Herron Covert Township Sr. Vice President P. O. Box 35 Entergy Nuclear Operations Covert, MI 49043 1340 Echelon Parkway Jackson, MS 39213 Office of the Governor P. O. Box 30013 Sr. Vice President, Lansing, MI 48909 Engineering and Technical Services Entergy Nuclear Operations, Inc.

U.S. Nuclear Regulatory Commission 1340 Echelon Parkway Resident Inspector's Office Jackson, MS 39213 Palisades Plant 27782 Blue Star Memorial Highway Mr. Christopher J. Schwarz Covert, MI 49043 Site Vice President Entergy Nuclear Operations Michigan Department of Environmental Quality Palisades Nuclear Plant Waste and Hazardous Materials Division 27780 Blue Star Memorial Highway Hazardous Waste and Radiological Covert, MI 49043 Protection Section Nuclear Facilities Unit General Manager, Plant Operations Constitution Hall, Lower-Level North Entergy Nuclear Operations 525 West Allegan Street Palisades Nuclear Plant P.O. Box 30241 27780 Blue Star Memorial Highway Lansing, MI 48909-7741 Covert, MI 49043 Michigan Department of Attorney General Mr. Oscar Limpias Special Litigation Division Vice President, Engineering 525 West Ottawa St. Entergy Nuclear Operations Sixth Floor, G. Mennen Williams Building 1340 Echelon Parkway Lansing, MI 48913 Jackson, MS 39213 Mr. John F. McCann Ms. Charlene D. Faison Director, Nuclear Safety & Licensing Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Michael A. Balduzzi Mr. Ernest J. Harkness Sr. Vice President & COO Director, Oversight Regional Operations, NE Entergy Nuclear Operations Entergy Nuclear Operations, Inc. 1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601

Palisades Plant cc:

Mr. William C. Dennis Assistant General Counsel Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601 Mr. Joseph P. DeRoy VP, Operations Support Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Ms. Laurie A. Lahti Manager, Licensing Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043 Mr. John A. Ventosa GM, Engineering Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601 Director, NSA Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043 Mr. William DiProfio 48 Bear Hill Road Newton, NH 03858 Mr. William T. Russell 400 Plantation Lane Stevensville, MD 21666 Mr. Gary Randolph 1750 Ben Franklin Drive, 7E Sarasota, FL 34246

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.

ENTERGY NUCLEAR PALISADES, LLC PALISADES NUCLEAR PLANT DOCKET NOS. 50-255 AND 72-7 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 Renewed Facility Operating License No. DPR-20 for the Palisades currently held by Entergy Nuclear Palisades, LLC, as owner and Entergy Nuclear Operations, Inc. as the licensed operator of Palisades Nuclear Plant.

According to an application for approval filed by Entergy Nuclear Operations, Inc.

(ENOI) on behalf of itself and the owners, certain planned corporate restructuring transactions will involve the creation of new intermediary holding companies and/or changes in the intermediary holding companies within the ownership structure for the foregoing licensees.

Entergy Nuclear Operations, Inc. will continue to operate the facility and Entergy Nuclear Palisades, LLC will continue to own the facility. There will be no direct transfer of the license.

However, the corporate restructuring transactions will result in an indirect transfer of control of the license.

No physical changes to the Palisades Nuclear Plant or operational changes are being proposed in the application.

The Board of Directors of Entergy Corporation has proposed that the wholesale nuclear business segment be organized under a publicly owned holding company, referred to as NewCo, that will be the indirect parent company of Entergy Nuclear Palisades, LLC.

ENOI will be owned by a parent company referred to as ENOI Holdings, LLC, which, in turn, will be owned 50 percent by Entergy Corporation and 50 percent by NewCo. Each of these 50 percent interests will be held by wholly owned subsidiaries of Entergy Corporation and NewCo.

ENOI will also be converted from a corporation to a limited liability company and its name will be changed to ENOI LLC. Under Delaware law, ENOI LLC will assume all of the rights and responsibilities of ENOI and it will be the same company (legal entity) both before and after the conversion and name change. ENOI will separately submit a request for license amendments to make the administrative changes as a result of ENOIs name change from Entergy Nuclear Operations, Inc. to ENOI LLC.

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 and the NRC E-Filing rule discussed below. 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).

Those permitted to intervene become parties to the proceeding, subject to any limitations in the Order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 Fed. Reg. 49,139 (Aug. 28, 2007). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media.

Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least five (5) days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at

HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer' to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer' is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRCs public website at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.

Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

A person filing electronically may seek assistance through the Contact Us link located on the NRC website at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397-4209 or locally, (301) 415-4737.

Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:

Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants.

Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service.

Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR § 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date.

Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an Order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy

information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their works.

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 July 30, 2007, as supplemented by letter dated December 5, 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 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 January 2008.

FOR THE NUCLEAR REGULATORY COMMISSION

/ra/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation