ML14022A049

Review of Financial Qualification Requirements Filed with the Securities and Exchange Commission

ML14022A049
Person / Time
Site:	Comanche Peak
Issue date:	01/28/2014
From:	Balwant Singal Plant Licensing Branch IV
To:	Flores R Luminant Generation Co
Singal B
References
TAC MF0948, TAC MF0949
Download: ML14022A049 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 28, 2014 Mr. Rafael Flores Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2- ENERGY FUTURE HOLDINGS CORPORATION ANNUAL FORM 10-K REPORT FILED WITH U.S. SECURITIES AND EXCHANGE COMMISSION AND THE NRC BANKRUPTCY NOTIFICATION PROCEDURES (TAC NOS. MF0948 AND MF0949)

Dear Mr. Flores:

Energy Future Holdings Corporation (EFH) filed its annual Form 10-K report dated February 19, 2013, pursuant to Section 13 or 15(d) of the U.S. Securities and Exchange Commission for the fiscal year that ended December 31, 2012. Energy Future Competitive Holdings Company (EFCH) is a direct, wholly owned subsidiary of EFH. EFCH, through its wholly owned subsidiaries, owns Luminant Generation Company LLC (Luminant, the licensee),

the owner and operator of Comanche Peak Nuclear Power Plant, Units 1 and 2.

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the information provided in your annual Form 10-K SEC filing and determined that additional information was needed for the NRC staff to complete its review. Luminant provided the requested information by letter dated May 2, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13141A253).

The NRC staff has reviewed your May 2, 2013, response to the staff's request for additional information regarding NRC financial qualifications requirements. Based on a review of the licensee's submittal, the NRC has determined that the licensee, as of January 14, 2014, has demonstrated reasonable assurance of obtaining the funds necessary to cover estimated operation costs. The staff notes that EFH indicated in a Form 8-K filing with the Securities and Exchange Commission on April14, 2013, that to effect a Restructuring Proposal, EFCH, Texas Competitive Electric Holdings Company LLC (TCEH), and certain TCEH's subsidiaries would implement a prepackaged plan of reorganization by commencing voluntary cases under Chapter 11 of the United States Bankruptcy Code.

Please note that NRC regulations require licensees that are the subject of a bankruptcy filing to take certain immediate actions. These requirements can be found in Title 10 of the Code of Federal Regulations (1 0 CFR) Parts 50.54 (cc)(1) and 70.32(a)(9). The purpose of the regulations is to ensure that public health and safety is adequately protected in the event of a bankruptcy.

R. Flores Specifically, any licensee who is involved in a bankruptcy proceeding, either voluntarily or involuntarily, under any Chapter of Title 11 (bankruptcy) of the United States Code must notify the appropriate NRC Regional Administrator in writing immediately after the filing. The requirements apply to a bankruptcy proceeding, for or against: the licensee itself; an entity controlling the licensee; an entity listing the license or licensee as a property of the estate; or an affiliate of the licensee.

The notification must include the identity of the bankruptcy court in which the petition was filed and the date the petition was filed.

Please note that even though a licensee may be involved in bankruptcy proceedings, NRC regulations and license conditions remain in full effect. Also, NRC licenses remain in full effect even beyond their stated expiration date, until terminated in writing by NRC. Further, NRC licenses may not be transferred without the prior written approval of the Commission, per 10 CFR 50.80.

If you have any questions, please call me at 301-415-3016 or via e-mail at Balwant. Singal@nrc.gov.

Sincerely, b~-\~,v--~

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Distribution via Listserv

R. Flores Specifically, any licensee who is involved in a bankruptcy proceeding, either voluntarily or involuntarily, under any Chapter of Title 11 (bankruptcy) of the United States Code must notify the appropriate NRC Regional Administrator in writing immediately after the filing. The requirements apply to a bankruptcy proceeding, for or against: the licensee itself; an entity controlling the licensee; an entity listing the license or licensee as a property of the estate; or an affiliate of the licensee.

The notification must include the identity of the bankruptcy court in which the petition was filed and the date the petition was filed.

Please note that even though a licensee may be involved in bankruptcy proceedings, NRC regulations and license conditions remain in full effect. Also, NRC licenses remain in full effect even beyond their stated expiration date, until terminated in writing by NRC. Further, NRC licenses may not be transferred without the prior written approval of the Commission, per 10 CFR 50.80.

If you have any questions, please call me at 301-415-3016 or via e-mail at Balwant.Singal@nrc.gov.

Sincerely, IRA/

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Distribution via Listserv DISTRIBUTION:

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NAME BSingal JBurkhardt AKock SUttal (NLO)

DATE 01/28/14 01/22/14 01/28/14 01/28/14 N/A N/A NRRIDORULPL4-1/BC NRRIDORLILPL4-1/PM MMarkley BSingal 01/28/14 01/28/14 OFFICIAL AGENCY RECORD