ENOC-08-00023, Entergy Nuclear Operations, Supplemental Information No. 5 Application for Order Approving Indirect Transfer of Control of Licenses
| ML081230539 | |
| Person / Time | |
|---|---|
| Site: | Palisades, Indian Point, Pilgrim, Vermont Yankee, Big Rock Point, FitzPatrick  |
| Issue date: | 04/22/2008 |
| From: | Kansler M Entergy Nuclear Operations, Entergy Operations |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| ENOC-08-00023, FOIA/PA-2010-0209, FOIA/PA-2013-0151 | |
| Download: ML081230539 (9) | |
Text
Entergy Operations, Inc.
EEntergy Nuclear Operations, Inc.
1340 Echelon Parkway
-ýEntergy Jackson, MS 39213-1995 601-368-5692 Michael R. Kansler President, Chief Executive Officer
& Chief Nuclear Officer 10 CFR 50.80 ENOC-08-00023 April 22, 2008 U.S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 (301) 415-7000
Subject:
Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station Docket No. 50-293 Indian Point Nuclear Generating Unit Nos. 1, 2 & 3 Docket Nos.50-003, 50-247, 50-286 & 72-51 James A. FitzPatrick Nuclear Power Plant Docket Nos. 50-333 & 72-12 Vermont Yankee Nuclear Power Station Docket Nos. 50-271 & 72-59 Palisades Nuclear Plant Docket No. 50-255 & 72-7 Big Rock Point Docket Nos. 50-155 & 72-43 Supplemental Information #5 Relating to Application for Order Approving Indirect Transfer of Control of Licenses By letter dated July 30, 2007, and as supplemented on October 31, 2007, December 5, 2007, January 24, 2008 and March 11, 2008, Entergy Nuclear Operations, Inc., also referred to previously as ENOI, LLC (either company herein, ENO), acting on behalf of itself and Entergy Nuclear Generation Company, Entergy Nuclear FitzPatrick, LLC, Entergy Nuclear Vermont Yankee, LLC, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and Entergy Nuclear Palisades, LLC (together, Applicants), requested that the Nuclear Regulatory Commission (NRC) consent to the indirect transfer of control of the above-captioned licenses pursuant to Section 184 of the Atomic Energy Act, as amended (the Act), and 10 CFR 50.80.
ENOC-08-00023 Page 2 of 2 The indirect transfer of control results from certain planned restructuring transactions that would involve the creation of a new holding company, new intermediary holding companies and/or changes in the intermediary holding companies for the ownership structure for the corporate entities that hold the NRC licenses for Pilgrim, Indian Point 1, 2, and 3, FitzPatrick, Vermont Yankee, Palisades and Big Rock Point (together, the Facilities), including both the six corporate entities (named among the Applicants above) licensed for their ownership of the Facilities and ENO, which is the entity licensed to operate or maintain the Facilities.
A name for NewCo and a new name for ENO have been selected. Attachment 1 to this letter provides these new names. The names of the other affected licensees also will be changed and aligned with the new names.
Until April 25, 2008, the plans regarding these new names are highly confidential. Thus, ENO requests that Attachment 1 be withheld from public disclosure until 3:00 PM Eastern Standard Time on April 25, 2008, pursuant.to 10 CFR 2.390, as described in the Affidavit of Michael R.
Kansler, which is also provided. A non-proprietary version of Attachment 1 is also attached.
Within the next few months, ENO will separately submit requests for administrative license amendments to conform the affected NRC licenses to reflect the planned new names.
If NRC requires additional information concerning this license transfer request, please contact John McCann, Director, Nuclear Safety and Licensing, at (914) 272-3370 or jmccanl @entergy.com. Service on ENO of comments, hearing requests or intervention petitions, or other pleadings, if applicable, should be made to counsel for ENO, Mr. John E.
Matthews at Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, NW, Washington, DC 20004 (tel: 202-739-5524; fax: 202-739-3001; e-mail: imatthewsgimorganlewis.com).
I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22nd day of April, 2008.
- President & hi ecutive Offcer
Enclosure:
Regulatory Commitments 10 CFR 2.390 Affidavit
ENOC-08-00023 Regulatory Commitments This table identifies actions discussed in this letter for which Entergy commits to perform.
Any other actions discussed in this submittal are described for the NRC's information and are not commitments.
TYPE (Check one)
SCHEDULED COMMITMENT COMPLETION ONE-TIME CONTINUING DATE ACTION COMPLIANCE (If Required)
- 1. One or more Application(s) x August 1, 2008.
for License Amendments will be filed to make administrative changes to the names of the licensees so as to conform the affected licenses to reflect the proposed transfer action.
ENOC-08-00023 c (after April 25, 2008):
Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mr. David O'Brien, Commissioner VT Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 15620-2601 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Mr. Paul D. Tonko, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Mail Stop O-H3-8 One While Flint North 11555 Rockville Pike Rockville, MD 20852 Mr. Paul Eddy Public Service Commission New York State Department of Public Service 3 Empire State Plaza Albany, NY 12223 i
Steven R. Hom U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852 Mail Stop OWFN/12-D3 Mr. Charles Donaldson, Esq.
Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. James J. Shea, Project Manager Division of Licensing Project Management Office of Nuclear Reactor Regulation Mail Stop 08 BI Washington, DC 20555 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. John Boska, Sr. Project Manager DORL, Plant Licensing Branch I-I U.S. Nuclear Regulatory Commission Mail Stop O-8-C2 Washington, DC 20555 Michigan Department of Attorney General Special Litigation Division 525 West Ottawa Street Sixth Floor, G. Mennen Williams Building Lansing, MI 48913 Mahesh L. Chawla, Project Manager Mr. Raymond L. Albanese Project Directorate III Four County Coordinator Division of Licensing Project Management 200 Bradhurst Avenue Office of Nuclear Reactor Regulation Unit 4 Westchester County Mail Stop 8H 4A Hawthorne, NY 10532 Washington, DC 20555
ENOC-08-00023 USNRC Resident Inspector Entergy Nuclear Vermont Yankee P.O. Box 157 Vernon, VT 05354 Mr. Robert Walker, Director Massachusetts Department of Public Health Schrafft Center Suite 1 M2A Radiation Control Program 529 Main Street Charlestown, MA 02129 Resident Inspector's Office U.S. Nuclear Regulatory Commission James A. FitzPatrick Nuclear Power Plant P.O. Box 136 Lycoming, NY 13093 Ms. Cristine McCombs, Director Mass. Emergency Management Agency 400 Worcester Road Framingham, MA 01702 U.S. Nuclear Regulatory Commission Resident Inspector's Office Palisades Plant 27782 Blue Star Memorial Highway Covert, MI 49043 Resident Inspector's Office Indian Point 1, 2 & 3 U.S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511 Supervisor Covert Township P.O. Box 35 Covert, MI 49043 Office of the Governor P.O. Box 30013 Lansing, MI 48909 i
Senior Resident Inspector Pilgrim Nuclear Power Station Rocky Hill Road Plymouth, MA 02360 Ms. Mary Jo Kunkle Executive Secretary Michigan Public Service Commission 6545 Mercantile Way P. 0. Box 30221 Lansing, MI 48909 Michigan Department of Environmental Quality Waste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street, P.O. Box 30241 Lansing, MI 48909-7741 Mr. Theodore B. Smith, Project Manager U. S. Nuclear Regulatory Commission Mail Stop T8F5 Two White Flint North 11545 Rockville Pike Rockville, MD 20852 I
ENOC-08-00023 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station Indian Point Nuclear Generating Unit No. 1 Indian Point Nuclear Generating Unit No. 2 Indian Point Nuclear Generating Unit No. 3 Indian Point ISFSI James A. FitzPatrick Nuclear Power Plant FitzPatrick ISFSI Vermont Yankee Nuclear Power Station Vermont Yankee ISFSI Palisades Nuclear Plant Palisades ISFSI Big Rock Point Big Rock Point ISFSI
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Docket Nos. 50-293 50-003 50-247 50-286 &
72-51 50-333 &
72-12 50-271 &
72-59 50-255 &
72-7 50-155 &
72-43 AFFIDAVIT I, Michael R. Kansler, President & Chief Executive Officer, of Entergy Nuclear Operations, Inc. (ENO), hereby affirm and state:
- 1.
I am authorized to execute this affidavit on behalf of ENO.
- 2.
ENO is providing NRC with "Attachment 1" to its letter dated April 22, 2008, which includes the planned new names for NewCo and ENO that will not become public information until April 25, 2008. The information in Attachment 1 is proprietary commercial information regarding sensitive corporate plans. Attachment 1 should be held in confidence by the NRC until 3:00 PM Eastern Standard Time on April 25, 2008, pursuant to 10 CFR § 2.3 90(a)(4) because:
- i.
This information is and has been held in confidence by ENO.
ii.
This information is of a type that is customarily held in confidence by ENO, and there is a rational basis for doing so because this sensitive information regarding a new corporate name.
iii.
This information is being transmitted to the NRC voluntarily and in confidence.
iv.
This information is not available in public sources and could not be gathered readily from other publicly available information.
- v.
Public disclosure of this information, before April 25, 2008, would cause substantial harm to the competitive position of ENO by prematurely disclosing its internal plans.
- 3. Accordingly, ENO requests that the designated information be withld f pub c disclosure pursuant to 10 CFR § 2.390(a)(4) until 3:00 PM E~ter/g t djard ie on April 25, 2008.
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STATE OF MISSISSIPPI COUNTY OF HINDS
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Subscribed and sworn to me, a Notary Public, in and for the State of Mississippi, this 22nd day of April, 2008.
Notary P6lic in and fi the State of Mississippi Notary Public State of Mississippi At Large My Commission Expires: June 17,2009 Bonded Thru Heiden, Brooks & Garland, Inc.
Confidential Until April 25, 2008 - Withhold From Public Disclosure to ENOC-08-00023 On April 25, 2008, Entergy plans to announce that NewCo's name will be "Enexus Energy Corporation." ENO will be named "EquaGen, LLC."
to ENOC-08-00023 (Non-Proprietary Version)
On April 25, 2008, Entergy plans to announce that NewCo's name will be
" ENO will be named