ML072570053
| ML072570053 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 01/03/2008 |
| From: | Pickett D NRC/NRR/ADRO/DORL/LPLI-1 |
| To: | Kansler M Entergy Nuclear Operations |
| References | |
| TAC MD6178 | |
| Download: ML072570053 (13) | |
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 - BIG ROCK POINT (TAC NO. MD6178)
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 and 72.50, seeks approval of the proposed indirect transfer of the Big Rock Point, Facility Operating License No. DPR-06, 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. 50-155 and 72-43
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 - BIG ROCK POINT (TAC NO. MD6178)
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 and 72.50, seeks approval of the proposed indirect transfer of the Big Rock Point, Facility Operating License No. DPR-06, 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. 50-155 and 72-43
Enclosure:
Notice cc w/encl: See next page Distribution:
PUBLIC RidsNrrDorlLpl1-1 RidsNrrLASLittle LPL1-1 R/F RidsNrrPMDPickett RidsOgcMailCenter JRHall, NMSS Accession Number: ML072570053 OFFICE LPL1-1/PM LPL1-1/LA NMSS OGC LPL1-1/BC NAME DPickett SLittle JRHall SUttal MKowal DATE 1/2 / 08 10 / 17 / 07 12 / 13 / 07 12 / 31 / 07 1 / 3 / 08 OFFICIAL RECORD COPY
cc: Big Rock Point ISFSI Docket Nos. 50-155, 72-43 Regional Administrator, Region III Michigan Department of Attorney General U.S. Nuclear Regulatory Commission Special Litigation Division Suite 210 525 West Ottawa St 2443 Warrenville Road 6th Floor, G. Mennen Williams Building Lisle, IL 60532-4351 Lansing, MI 48913 The Honorable Jennifer Granholm Mr. John F. McCann Governor of the State of Michigan Director, Nuclear Safety & Licensing Executive Office, Second Floor Entergy Nuclear Operations, Inc.
George Romney Building 440 Hamilton Avenue Lansing, MI 48909 White Plains, NY 10601 The Honorable Carl Levin Mr. John T. Herron U.S. Senate Sr. Vice President 269 Russell Senate Office Bldg. Entergy Nuclear Operations, Inc.
Washington, DC 20515 1340 Echelon Parkway Jackson, MS 39213 The Honorable Debbie Stabenow U.S. Senate Sr. Vice President, 133 Hart Senate Office Bldg. Engineering and Technical Services Washington, DC 20515 Entergy Nuclear Operations, Inc.
1340 Echelon Parkway The Honorable Bart Stupak Jackson, MS 39213 U.S. House of Representatives 2352 Rayburn Building Mr. Christopher J. Schwarz Washington, DC 20515 Site Vice President Entergy Nuclear Operations, Inc.
The Honorable Jason Allen Palisades Nuclear Plant Michigan Senate 27780 Blue Star Memorial Highway 820 Farnum Building Covert, MI 49043 P.O. Box 30014 Lansing, MI 48909 Mr. Oscar Limpias Vice President, Engineering The Honorable Kevin Elsenheimer Entergy Nuclear Operations, Inc.
Michigan House of Representatives 1340 Echelon Parkway P.O. Box 30014 Jackson, MS 39213 Lansing, MI 48909 Ms. Charlene D. Faison The Honorable Garry McDowell Manager, Licensing Michigan House of Representatives Entergy Nuclear Operations, Inc.
P.O. Box 30014 440 Hamilton Avenue Lansing, MI 48909 White Plains, NY 10601 Chief, Nuclear Facilities Unit Mr. Ernest J. Harkness Michigan Department of Environmental Director of Oversight Quality Entergy Nuclear Operations, Inc.
P.O. Box 30221 1340 Echelon Parkway Lansing, MI 49201 Jackson, MS 39213
cc: Big Rock Point ISFSI Docket Nos. 50-155, 72-43 Mr. Bruce C. Williams Entergy Nuclear Operations, Inc.
Vice President, Oversight Palisades Nuclear Plant Entergy Nuclear Operations, Inc. 27780 Blue Star Memorial Highway 1340 Echelon Parkway Covert, MI 49043 Jackson, MS 39213 Mr. John A. Ventosa Mr. William C. Dennis GM, Engineering Assistant General Counsel Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. William DiProfio Mr. Joseph P. DeRoy 48 Bear Hill Road Vice President, Operations Support Newton, NH 03858 Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Mr. William T. Russell Jackson, MS 39213 400 Plantation Lane Stevensville, MD 21666 Ms. Laurie A. Lahti, Manager, Licensing Entergy Nuclear Operations, Inc. Mr. Garry Randolph Palisades Nuclear Plant 1750 Ben Feranklin Drive, 7E 27780 Blue Star Memorial Highway Sarasota FL 34236 Covert, MI 49043 Ahren Tryon Ms. Suzanne L. Leblang Dewey and LeBouef, LLP Manager, Dry Fuel Storage 1101 New York Avenue, NW, Suite 1100 Entergy Nuclear Operations, Inc. Washington, DC 20005 Palisades Nuclear Plant 27780 Blue Star Memorial Highway Douglas E. Levanway Covert, MI 49043 Wise Carter Child & Caraway, P.A.
P.O. Box 651 Mr. Larry Potter, ISFSI Supervisor Jackson, MS 39205 Big Rock Point Restoration Site 10269 US-31 North Mr. John King Charlevoix, MI 49720 Michigan Public Service Commission Advance Planning and Review Section Mr. Frank B. Rives 6545 Mercantile Way Director, Nuclear Fuels P.O. Box 30221 Entergy Nuclear Operations, Inc. Lansing, MI 48909 1340 Echelon Parkway Jackson, MS 39213 Mr. George Lasater Sheriff, Charlevoix County General Manager, Plant Operations 1000 Grant Street Entergy Nuclear Operations, Inc. Charlevoix, MI 49720 Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043 Mr. Larry Sullivan Director, NSA Charlevoix County Planning Director
cc: Big Rock Point ISFSI Docket Nos. 50-155, 72-43 301 State Street Hayes Township Supervisor Charlevoix, MI 49720 10448 Burnett Rd Charlevoix, MI 49720 Mr. Gerard Doan Chief of Police City of Charlevoix Marlende C. Golovich 210 State Street Hayes Township Clerk Charlevoix, MI 49720 7250 Dalton Charlevoix, MI 49720 Mr. Norman (Boogie) Carlson Jr.
Mayor, City of Charlevoix Mr. Doug Kuebler 210 State Street Hayes Township Trustee Charlevoix, MI 49720 10772 Burnett Rd.
Charlevoix, MI 49720 Mr. Paul Ivan Fire Chief, City of Charelvoix Mr. James Rudolph 210 State Street Hayes Township Trustee Charlevoix, MI 49720 09798 Townline Rd Petoskey, MI 49770 Charlevoix City Manager 210 State St. Ms. Robbin Kraft Charlevoix, MI 49720 Hayes Township Treasurer 08346 Shrigley Rd.
Mr. Dale Glass Charlevoix, MI 49720 Charlevoix Township Supervisor 12491 Waller Rd. Frank E. Etawageshitz Charlevoix, MI 49720 Little Traverse Band of Odawa Indians 7500 Odawa Circle Mr. Curt Thompson Harbor Springs, MI 49740 Charlevoix Township Fire Chief 12491 Waller Rd. Mr. Tom Bailey Charlevoix, MI 49720 Executive Director Little Traverse Conservancy Mr. George Korthauer 3264 Powell Rd.
Petoskey City Manager Harbor Springs, MI 49740 100 West Lake St.
Petoskey, MI 49770 Mr. Rick Lobenherz Vacation Properties Network Mr. Jim Tamlyn, Chairman 203 Bridge Street Emmet County Board of Commissioners Charlevoix, MI 49720 200 Division Street Petoskey, MI 49770 Ms. Jacqueline Merta Charlevoix Chamber of Commerce Al Behan 109 Mason St.
Emmet County Board of Commissioners Charlevoix, MI 49720 1916 Berger Rd Petoskey, MI 49770 Ms. Ethel Knapp Suzanne Erhart
cc: Big Rock Point ISFSI Docket Nos. 50-155, 72-43 Vice President, Comptroller Mr. Brian Conway Lexalite International Michigan SHPO 10163 US-31 N. 702 W. Kalamazoo Charlevoix, MI 49720 Michigan Historical Center Lansing, MI 48949 Mr. Andy Hayes Executive Director Thor Strong Northern Lakes Economic Alliance Michigan Department of Environmental 1048 East Main Street Quality Boyne City, MI 49712-0008 P.O. Box 30241 Lansing, MI 48909-7741 Mr. David V. Johnson Chairman, Bay Harbor Company Michigan State Police, Emergency 4000 Main Street Management Division Bay Harbor, MI 49770 4000 Collins Road Lansing, MI 48910 Mr. Kip Thomas Charlevoix Country Club Lt. Aaron Sweeny 9600 Clubhouse Drive Petoskey Post, MSP Charlevoix, MI 49720 1200 M119 Petoskey, MI 49770 Mr. Carlin Smith, Director Petoskey Regional Chamber of Commerce Ms. Shirley Roloff, Chair 401 E. Mitchell Street Charlevoix County Board of Commissioners Petoskey, MI 49770 203 Antrim Street Charlevoix, MI 49720 Mr. Carl Lord P.O. Box 38 Ms. Shirlene Tripp, Vice Chair Waters, MI 49797 Charlevoix County Board of Commissioners 203 Antrim Street Ms. Joanne Beemon Charlevoix, MI 49720 204 Clinton Charlevoix, MI 49720 Mr. Ronald Reinhardt Charlevoix County Board of Commissioners Mr. John Haggard 203 Antrim Street P.O. Box 35 Charlevoix, MI 49720 Charlevoix, MI 49720 Mr. Victor Patrick L. Shekter Smith, Chief Charlevoix County Board of Commissioners Radiological Protection Section 203 Antrim Street Michigan Department of Environmental Charlevoix, MI 49720 Quality DWRPD Mr. Dennis Jason P.O. Box 30630 Charlevoix County Board of Commissioners Lansing, MI 48909-8130 203 Antrim Street Charlevoix, MI 49720
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.
ENTERGY NUCLEAR PALISADES, LLC BIG ROCK POINT DOCKET NOS. 50-155 AND 72-43 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 and 72.50 approving the indirect transfer of the Facility Operating License No. DPR-06 for Big Rock Point currently held by Entergy Nuclear Palisades, LLC, as owner and Entergy Nuclear Operations, Inc. as the licensed operator of Big Rock Point.
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 Big Rock Point facility 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 Douglas V. Pickett, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation