ML092100686

Corporation Withdrawal of Application for Approval of Indirect Transfer of Control of Licenses

ML092100686
Person / Time
Site:	Dresden, Peach Bottom, Salem, Oyster Creek, Byron, Braidwood, Limerick, Clinton, South Texas, Quad Cities, Zion, LaSalle, Crane
Issue date:	07/24/2009
From:	Blanton M Balch & Bingham, LLP, Exelon Corp, Exelon Generation Co, Exelon Ventures Co, Exelon Xchange Corp
To:	Document Control Desk, NRC/FSME, Office of Nuclear Reactor Regulation
References
Download: ML092100686 (4)

Text

BALCH & BINGHAM LLP M. Stanford Blanton (205) 226-3417 July 24, 2009

u. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Exe10n Generation Company, LLC Attorneys and Counselors 1710 6th Avenue North P.O. Box 306 (35201-0306)

Birmingham, AL 35203-2015 Telephone: (205) 251-8100 Facsimile: (205) 226-8798 (205) 488-5879 (direct fax) sblanton@balch.com Braidwood Station, Units 1 and 2 Facility Operating License Nos. NPF-72 and NPF-77 NRC Docket Nos. 50-456 and 50-457 Byron Station, Units 1 and 2 Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. 50-454 and 50-455 Clinton Power Station Facility Operating License No. NPF-62 NRC Docket No. 50-461 Dresden Nuclear Power Station, Units 1, 2 and 3 Facility Operating License No. DPR-2 Renewed Facility Operating License Nos. DPR-19 and DPR-25 NRC Docket Nos. 50-to, 50-237 and 50-249 LaSalle County Station, Units 1 and 2 Facility Operating License Nos. NPF-11 and NPF-18 NRC Docket Nos. 50-373 and 50-374 Limerick Generating Station, Units 1 and 2 Facility Operating License Nos. NPF-39 and NPF-85 NRC Docket Nos. 50-352 and 50-353 Oyster Creek Generating Station Facility Operating License No. DPR-16 NRC Docket No. 50-219 Peach Bottom Atomic Power Station, Units 1, 2 and 3

July 24, 2009 Page 2 Facility Operating License No. DPR-12 Renewed Facility Operating License Nos. DPR-44 and DPR-56 NRC Docket Nos. 50-171, 50-277 and 50-278 Quad Cities Nuclear Power Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-29 and DPR-30 NRC Docket Nos. 50-254 and 50-265 Salem Generating Station, Units 1 and 2 Facility Operating License Nos. DPR-70 and DPR-75 NRC Docket Nos. 50-272 and 50-311 Three Mile Island Nuclear Station, Unit 1 Facility Operating License No. DPR-50 NRC Docket No. 50-289 Zion Nuclear Power Station, Units 1 and 2 Facility Operating License Nos. DPR-39 and DPR-48 NRC Docket Nos. 50-295 and 50-304 NRG Energy, Inc.

South Texas Project, Units 1 and 2 Facility Operating License Nos. NPF-76 and NPF-80 NRC Docket Nos. 50-498 and 50-499

Subject:

Withdrawal of Application for Approval ofIndirect Transfer ofControl of Licenses On January 29, 2009, Exelon Corporation (Exelon), acting on behalf of itself, Exelon Xchange Corporation (Xchange Corp.), Exelon Ventures Company, LLC (Exelon Ventures), and Exelon Generation Company, LLC (Exelon Generation) (together, Applicants), submitted a request for NRC consent to the indirect transfer of control of the NRC licenses for NRG South Texas LP's (NRG South Texas) 44% ownership interest in South Texas Project, Units 1 and 2 (STP), and to the extent required, the above Exelon Generation facilities ("Application"). Notice of the Application was published in the Federal Register on July 9, 2009. 1 As described in the I 74 Fed. Reg. 32962 (Byron Station); 74 Fed. Reg. 32963 (Salem Generating Station);

74 Fed. Reg. 32965 (Limerick Generating Station); 74 Fed Reg 32967 (STP); 74 Fed Reg. 32968 (Quad Cities Nuclear Power Station); 74 Fed. Reg. 32970 (Zion); 74 Fed. Reg. 32971 (Oyster Creek Generating Station); 74 Fed. Reg. 32973 (Peach Bottom Atomic Power Station); 74 Fed.

Reg. 32975 (Braidwood Station); 74 Fed. Reg. 32976 (Clinton Power Station); 74 Fed. Reg. 32978 (LaSalle County Station); 74 Fed. Reg. 32979 (Three Mile Island Nuclear Station); 74 Fed. Reg. 32981 (Dresden Nuclear Power Station).

July 24, 2009 Page 3 Application, this indirect transfer of STP would have occurred in connection with Exelon's plan to acquire control ofNRG South Texas' parent NRG Energy, Inc. (NRG) through a tender offer.

No Notice of Hearing has been issued as to the Application.

On July 21, 2009, Exelon announced that, effective immediately, it had terminated its exchange offer to acquire all of the issued and outstanding shares of common stock of NRG.

Exelon terminated the offer immediately following the NRG annual meeting of shareholders when it was apparent that Exelon no longer had broad NRG shareholder support for its effort.

Accordingly, on behalf of Applicants, pursuant to 10 C.F.R. § 2.107, we hereby respectfully request the withdrawal, effective as of the date hereof, of the Application filed with the NRC on January 29, 2009, as amended and/or supplemented, together with all exhibits thereto.

If any additional information is needed regarding this withdrawal, please contact Counsel for Exelon Nuclear as follows:

1. Bradley Fewell, Associate General Counsel, 4300 Winfield

Road, Warrenville, IL

60555, (telephone 630-657-3769; fax:

630-657-4335; e-mail:

!iD!ill!W~llil(@~1m:!&Qr.llJ~}); and M. Stanford Blanton, Balch & Bingham LLP, 1710 Sixth Ave. North, Birmingham, AL 35203 (telephone 205-226-3417; fax: 205-488-5879; e-mail:

Respectfully submitted,

/s/ M. Stanford Blanton, Esq.

M. Stanford Blanton, Esq.

BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 Telephone: (205) 251-8100 Facsimile: (205) 226-8798 cc:

Regional Administrator - NRC Region I Regional Administrator - NRC Region III Regional Administrator - NRC Region IV NRC Project Manager, NRR - South Texas Project Units 1 and 2 NRC Senior Resident Inspector - South Texas Project Units 1 and 2 NRC Senior Resident Inspector - Braidwood Station, Units 1 and 2 NRC Senior Resident Inspector - Byron Station, Units 1 and 2 NRC Senior Resident Inspector - Clinton Power Station NRC Senior Resident Inspector - Dresden Nuclear Power Station, Units 1, 2 and 3 NRC Senior Resident Inspector - LaSalle County Station, Units 1 and 2 NRC Senior Resident Inspector - Limerick Generating Station, Units 1 and 2 NRC Senior Resident Inspector - Oyster Creek Generating Station

July 24, 2009 Page 4 NRC Senior Resident Inspector - Peach Bottom Atomic Power Station, Units 1, 2 and 3 NRC Senior Resident Inspector - Quad Cities Nuclear Power Station, Units 1 and 2 NRC Senior Resident Inspector - Salem Generating Station, Units 1 and 2 NRC Senior Resident Inspector - Three Mile Island Nuclear Station, Unit 1