ML11124A134
| ML11124A134 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, Catawba, McGuire  |
| Issue date: | 05/02/2011 |
| From: | Waldrep B Duke Energy Carolinas |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML11124A134 (4) | |
Text
Benjamin C. Waldrep Duke Vice President rahEnergy Nuclear Corporate Duke Energy Corporation 526 South Church Street Charlotte, NC 28202 Mailing Address:
EC07H / P. 0. Box 1006 Charlotte, NC 28201-1006 May 2, 2011 7043828162 704 382 6056 fax U. S. Nuclear Regulatory Commission Benjamin. Waldrep@duke-energy.com Attn: Document Control Desk Washington, DC 20555-0001
Subject:
Duke Energy Carolinas, LLC Oconee Nuclear Station, Units 1, 2, & 3, Docket Nos. 50-269, 50-270, and 50-287 McGuire Nuclear Station, Units 1 & 2, Docket Nos. 50-369, 50-370 Catawba Nuclear Station, Units 1 & 2, Docket Nos. 50-413 and 50-414 Oconee Nuclear Station Independent Spent Fuel Storage Installation, Docket No.72-004 Response to Request for Additional Information for Request for Threshold Determination of Nonjurisdiction or in the Alternative, Request for Consent to the Indirect Transfer of Control of Licenses Pursuant to 10 CFR § 50.80 and 10 CFR § 72.50
References:
- 1.
Letter, Dhiaa M. Jamil, Duke Energy to NRC, "Request for Threshold Determination of Nonjurisdiction or in the Alternative, Request for Consent to the Indirect Transfer of Control of Licenses Pursuant to 10 CFR § 50.80 and 10 CFR § 72.50," dated March 31, 2011
- 2.
NRC to Duke Energy, Request for Additional Information Regarding Duke Energy's Request for Threshold Determination received via electronic communication April 18, 2011 By letter dated March 31, 2011, Duke Energy requested (Reference 1) a threshold determination concerning the merger with Progress Energy. On April 18, 2011, Duke Energy received a request for additional information (Reference 2) via electronic communication from the NRC.
The purpose of this letter is to provide the requested additional information.
Question Please provide a step by step narrative explaining the process and time-table to absorb Progress Energy, Inc. through the sub-merger of Diamond Acquisition Corporation.
Response
Under the merger agreement, the closing of the merger will occur following receipt of all
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required shareholder and regulatory approvals and satisfaction of all other conditions to the merger. In order to effect the merger, Duke Energy and Progress Energy will file articles of merger with the North Carolina Secretary of State. Until the articles of merger are filed, Diamond Acquisition Corporation will be a wholly-owned subsidiary of Duke Energy and will be completely independent of Progress Energy. The filing of the articles of merger will effect the www.duke-energy.com
U. S. Nuclear Regulatory Commission May 2, 2011 Page 2 immediate merger of Diamond Acquisition Corporation into Progress Energy, meaning that, upon the filing, Diamond Acquisition Corporation will cease to exist and Progress Energy will become a direct, wholly-owned and controlled subsidiary of Duke Energy. At no time will Diamond Acquisition Corporation own or control Progress Energy in any respect.
There are no regulatory commitments contained in this response.
If you should have any questions regarding this submittal, please contact Luellen Jones at 704 382-4753 Sincerely, Vice President, Nuclear Corporate
U. S. Nuclear Regulatory Commission May 2, 2011 Page 3 xc:
V. M. McCree, Region II Administrator U.S. Nuclear Regulatory Commission Marquis One Tower 245 Peachtree Center Avenue NE, Suite 1200 Atlanta, Georgia 30303-1257 J. F. Stang, Jr., Sr. Project Manager (ONS)
U.S. Nuclear Regulatory Commission 11555 Rockville Pike Mail Stop 0-8 G9A Rockville, MD 20852-2738 J. H. Thompson, Project Manager (CNS & MNS)
U. S. Nuclear Regulatory Commission 11555 Rockville Pike Mail Stop 0-8 G9A Rockville, MD 20852-2738 A. T. Sabisch NRC Senior Resident Inspector Oconee Nuclear Station J. B. Brady NRC Senior Resident Inspector McGuire Nuclear Station G. A. Hutto, III NRC Senior Resident Inspector Catawba Nuclear Station S. E. Jenkins, Manager Radioactive & Infectious Waste Management SC Dept. of Health and Env. Control 2600 Bull St.
Columbia, SC 29201 W. L. Cox, Ill, Section Chief Div. of Environmental Health, RP Section NC Dept. of Env. & Natural Resources 1645 Mail Service Center Raleigh, NC 27699 Lara S. Nichols, Vice President, Legal-Generation Duke Energy 526 S. Church Street, Mail Code EC07H Charlotte, NC 28202 Kathryn B. Nolan, Associate General Counsel Duke Energy 526 S. Church Street, Mail Code EC07H Charlotte, NC 28202 David A. Cummings, Associate General Counsel Duke Energy 526 S. Church Street, Mail Code EC07H Charlotte, NC 28202 David T. Conley, Senior Counsel Progress Energy Service Company, LLC PO Box 1551 411 Fayetteville Street Mall Raleigh NC 27602 John H. O'Neill, Jr., Partner Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1122
U. S. Nuclear Regulatory Commission May 2, 2011 Page 4 CWe-b&hvý.,
OchTifd Oath or Affirmation Benjamin C. Waldrep affirms that he is the person who subscribed his name to the foregoing statement, and that all the matters and facts set forth herein are true and correct to the best of his knowledge.
Vice Presilent, Nuclear Corp ate Subscribed and sworn to me:
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My Commission Expires:
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