L-11-236, Notice Regarding Limited Liability Company Conversion and Request for Threshold Determination Under 10 CFR 50.80

Notice Regarding Limited Liability Company Conversion and Request for Threshold Determination Under 10 CFR 50.80

ML11215A131
Person / Time
Site:	Beaver Valley, Davis Besse, Perry
Issue date:	07/26/2011
From:	Sena P FirstEnergy Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L-11-236
Download: ML11215A131 (3)

Text

FENOC "76 South Main Street FirstEnergyNuclear OperatingCompany Akron, Ohio 44308 Peter P. Sena Ill Presidentand Chief Operating Officer July 26, 2011 L-1 1-236 10 CFR 50.80 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

Beaver Valley Power Station, Unit Nos. 1 and 2 Docket No. 50-334, License No. DPR-66 Docket No. 50-412, License No. NPF-73 Davis-Besse Nuclear Power Station, Unit No. 1 Docket No. 50-346, License No. NPF-3 Perry Nuclear Power Plant, Unit No. 1 Docket.No..50-440,, License No. NPF .

Notice Regarding. LimitedLiability Com anyv.Conversion. and Request for Threshold ,

Determination Under 1:0CFR,50.80 .

FirstEnergy Nuclear, Operating Company. (FENOc), acting on behalf. of:FirstEnergy Nuclear Generation Corp. (FENGenCo), provides this notice regarding the proposed conversion of FENGenCo to a limited liability company. FENGenCo is an owner licensee for the following facilities:

1100%*of Beaver Valley Power Station, Unit No. 1

• ' 60.08% of Beaver Valley.Power Station, Unit No. 2

- 100%,of Davis-Besse Nuclear Power Station, Unit No. 1

.87.42% of Perry Nuclear Power Plant, Unit No. 1 FENGenC~o will be converted from a corporation. organized under.the laws of the State of Ohio to a limited liability company organized under the laws of the State of Ohio. The proposed conversion will occur by operation of Ohio law, and it is expected to be effected.by'afiling with.the Secretary of State of Ohio. "FirstEnergy Nuclear Generation rj-.will .change its. name, to "FirstEnergy 'Nuclear-Generation, -.LLC,!'but it-willremain

,thesamelegal -entity aftertheconversion, under a new name and a new corporate form . --

• ,*oIL

Beaver Valley Power Station, Unit Nos. 1 and 2 Davis-Besse Nuclear Power Station, Unit No. 1 Perry Nuclear Power Plant, Unit No. 1 L-1 1-236 Page 2 In a letter dated October 29, 2009 to Entergy Nuclear Operations, Inc. (Agencywide Documents Access and Management System (ADAMS) Accession Number ML092870647), the Nuclear Regulatory Commission (NRC) indicated that the conversion to a limited liability company does not involve a transfer of control pursuant to 10 CFR 50.80, "Transfer of licenses," if the conversion does not involve a dissolution of the company or the transfer of ownership. Regarding FENGenCo, the conversion to an Ohio limited liability company will be made pursuant to Sections 1701.792 and 1705.361 of the Ohio Revised Code. The entity currently named FENGenCo will remain the owner licensee both before and after the conversion. The entity currently named FENGenCo will remain responsible for providing funding for the operation of its ownership shares in the above-listed facilities and fulfill all other obligations as an owner licensee, including providing decommissioning funding assurance for its ownership shares in compliance with 10CFR 50.75. There will be no ownership or management changes as a result of the conversion. Since the entity (FENGenCo) has not been dissolved and no ownership has been transferred, a license transfer pursuant to 10 CFR 50.80 is not required.

'Based upon this information, FENOC requests the NRC make a threshold determination that the proposed conversion of FENGenCo from a corporation to a limited liability company does not involve any direct or indirect transfer of control of any NRC license that requires prior NRC written consent pursuant to 10 CFR 50.80. FENOC requests the NRC issue the threshold determination as promptly as practicable, but in any event no later than September 30, 2011. FENOC intends to submit a request for the administrative license amendments necessary to reflect FENGenCo's new name.

There are no regulatory commitments contained in this letter. If there are any questions or if additional information is required, please contact Mr. Thomas A. Lentz, Manager -

Fleet Licensing, at (330) 761-6071.

Sincerely, Peter P. Sena III

V Beaver Valley Power Station, Unit Nos. 1 and 2 Davis-Besse Nuclear Power Station, Unit No. 1 Perry Nuclear Power Plant, Unit No. 1 L-1 1-236 Page 3 cc: NRC Region I Administrator NRC Region III Administrator NRC Project Manager - Beaver Valley Power Station NRC Project Manager - Davis-Besse Nuclear Power Station NRC Project Manager - Perry Nuclear Power Plant NRC Resident Inspector - Beaver Valley Power Station NRC Resident Inspector - Davis-Besse Nuclear Power Station NRC Resident Inspector - Perry Nuclear Power Plant Director BRP/DEP Site Representative BRP/DEP Utility Radiological Safety Board