ML16141B209

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Forwards SE Accepting Proposed Restructuring of Util Through Acquisition Of,& Merger W/Panenergy Corp.Util Should Submit Request for Amend to All OLs to Reflect Name Change
ML16141B209
Person / Time
Site: Oconee, Mcguire, Catawba, McGuire  
Issue date: 06/05/1997
From: Berkow H
NRC (Affiliation Not Assigned)
To: Tuckman M
DUKE POWER CO.
Shared Package
ML16141B210 List:
References
TAC-M98352, TAC-M98353, TAC-M98354, TAC-M98355, TAC-M98356, TAC-M98357, TAC-M98358, NUDOCS 9706090314
Download: ML16141B209 (4)


Text

S.

June 5, 1997 Mr. M. S. Tuckman Senior Vice President Nuclear Generation Duke Power Company P. 0. Box 1006 Charlotte, NC 28201

SUBJECT:

DUKE POWER COMPANY'S PROPOSED ACQUISITION OF PANENERGY CORPORATION (TAC M98352, M98353, M98354, M98355, M98356, M98357, M98358)

Dear Mr. Tuckman:

In a letter of January 6, 1997 (erroneously dated 1996), you informed the NRC staff that Duke Power Company (DPC) proposed to acquire PanEnergy Corporation (PanEnergy), which is a company engaged in natural gas pipeline operation, natural gas delivery, production of natural gas liquids, and other related energy services. The staff reviewed your letter and a prospectus dated March 13, 1997.

The staff has performed a threshold review in consideration of 10 CFR 50.80 and has concluded that the proposed restructuring of DPC through its acquisition of, and merger with, PanEnergy does not involve a transfer, direct or indirect, of the operating licenses for DPC's nuclear plants. Furthermore, the staff has concluded that the merger will not adversely affect DPC's financial or technical qualifications with respect to the operation and decommissioning of the Oconee, McGuire, or Catawba nuclear stations. Also, there do not appear to be any problematic antitrust or foreign ownership issues related to these licenses that would result from DPC's acquisition of PanEnergy or the transactions to facilitate such. Thus, the proposed transactions will not affect the qualifications of the licensee, and the transactions appear to be otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. Accordingly, the staff has no basis to object to the transactions. However, as the staff has discussed with you on May 30, 1997, you need to submit a request for amendment to all the operating licenses to reflect the name change.

This completes our effort on your submittal.

Sincerely, ORIGINAL SIGNED BY D. LABARGE FOR:

Herbert N. Berkow, Director Project Directorate 11-2 Division of Reactor Projects -

I/II Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369, 50-370, 50-269, 50-270, 50-287 DISTRIBUTION OGC

Enclosure:

Safety Evaluation Docket File JJohnson,RII cc w/encl:

See next page

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 5, 1997 Mr. M. S. Tuckman Senior Vice President Nuclear Generation Duke Power Company P. 0. Box 1006 Charlotte, NC 28201

SUBJECT:

DUKE POWER COMPANY'S PROPOSED ACQUISITION OF PANENERGY CORPORATION (TAC M98352, M98353, M98354, M98355, M98356, M98357, M98358)

Dear Mr. Tuckman:

In a letter of January 6, 1997 (erroneously dated 1996), you informed the NRC staff that Duke Power Company (DPC) proposed to acquire PanEnergy Corporation (PanEnergy), which is a company engaged in natural gas pipeline operation, natural gas delivery, production of natural gas liquids, and other related energy services. The staff reviewed your letter and a prospectus dated March 13, 1997.

The staff has performed a threshold review in consideration of 10 CFR 50.80 and has concluded that the proposed restructuring of DPC through its acquisition of, and merger with, PanEnergy does not involve a transfer, direct or indirect, of the operating licenses for DPC's nuclear plants. Furthermore, the staff has concluded that the merger will not adversely affect DPC's financial or technical qualifications with respect to the operation and decommissioning of the Oconee, McGuire, or Catawba nuclear stations. Also, there do not appear to be any problematic antitrust or foreign ownership issues related to these licenses that would result from DPC's acquisition of PanEnergy or the transactions to facilitate such. Thus, the proposed transactions will not affect the qualifications of the licensee, and the transactions appear to be otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. Accordingly, the staff has no basis to object to the transactions. However, as the staff has discussed with you on May 30, 1997, you need to submit a request for amendment to all the operating licenses to reflect the name change.

This completes our effort on your submittal.

Sincerely, Herbert N. Berkow, Director Project Directorate 11-2 Division of Reactor Projects -

I/II Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369, 50-370, 50-269, 50-270, 50-287

Enclosure:

Safety Evaluation cc w/encl:

See next page

Catawba Nuclear Stat.

McGuire Nuclear Station Oconee Nuclear Station cc:

Dr. John M. Barry Mr. Ed Burchfield Mecklenburg County Compiance Department of Environmental Duke Power Company Protection Oconee Nuclear Site 700 N Tryon Street P. 0. Box 1439 Charlotte, North Carolina 29202 Seneca, South Carolina 29619 County Manager of Mecklenburg County Mr. Robert B. Borsum 720 East Fourth Street Framatome Technologies Charlotte, North Carolina 28202 Suite 525 1700 Rockville Pike Mr. Michael T. Cash Rockville, Maryland 20852 Regulatory Compliance Manager Duke Power Company Manager, LIS McGuire Nuclear Site NUS Corporation 12700 Hagers Ferry Road 2650 McCormick Drive, 3rd Floor Huntersville, North Carolina 28078 Clearwater, Florida 34619-1035 Senior Resident Inspector Senior Resident Inspector c/o U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Route 2, Box 610 12700 Hagers Ferry Road Seneca, South Carolina 29678 Huntersville, North Carolina 28078 Mr. W. R. McCollum Mr. Dayne H. Brown, Director Site Vice President Division of Radiation Protection Catawba Nuclear Station North Carolina Department of Duke Power Company Environmental Health and Natural 4800 Concord Road Resources York, South Carolina 29745 P. 0. Box 27687 Raleigh, North Carolina 27611 Mr. H. B. Barron Vice President, McGuire Site County Supervisor of Oconee County Duke Power Company Walhalla, South Carolina 27621 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Elaine Wathen, Lead REP Planner Division of Emergency Management Mr. J. W. Hampton 116 West Jones Street Vice President, Oconee Site Raleigh, North Carolina 27603-1335 Duke Power Company P. 0. Box 1439 Mr. T. Richard Puryear Seneca, South Carolina 29679 Owners Group (NCEMC)

Duke Power Company North Carolina Electric Membership 4800 Concord Road Corporation York, South Carolina 29745 P. 0. Box 27306 Raleigh, North Carolina 27611

Catawba Nuclear Statt McGuire Nuclear Station Oconee Nuclear Station cc:

Mr. M. S. Kitlan Regulatory Compliance Manager Duke Power Company Saluda River Electric Cooperative, 4800 Concord Road Inc.

York, South Carolina 29745 P. 0. Box 929 Laurens, South Carolina 29360 Mr. Paul R. Newton Legal Department (PB05E)

Senior Resident Inspector Duke Power Company 4830 Concord Road 422 South Church Street York, South Carolina 29745 Charlotte, North Carolina 28242 Regional Administrator, Region II J. Michael McGarry, III, Esquire U.S. Nuclear Regulatory Commission Winston and Strawn Atlanta Federal Center 1400 L Street, NW.

61 Forsyth Street, S.W., Suite 23T85 Washington, DC 20005 Atlanta, Georgia 30303 North Carolina Municipal Power Max Batavia, Chief Agency Number 1 Bureau of Radiological Health 1427 Meadowwood Boulevard South Carolina Department of Health P. 0. Box 29513 and Environmental Control Raleigh, North Carolina 27626 2600 Bull Street Columbia, South Carolina 29201 Mr. Peter R. Harden, IV Account Sales Manager Ms. Karen E. Long Westinghouse Electric Corporation Assistant Attorney General Power Systems Field Sales North Carolina Department of Justice P. 0. Box 7288 P. 0. Box 629 Charlotte, North Carolina 28241 Raleigh, North Carolina 27602 County Manager of York County Mr. G. A. Copp York County Courthouse Licensing -

ECO50 York, South Carolina 29745 Duke Power Company 526 South Church Street Richard P. Wilson, Esquire Charlotte, North Carolina 28242-0001 Assistant Attorney General S.C. Attorney General's Office P. 0. Box 11549 Columbia, South Carolina 29211 Piedmont Municipal Power Agency 121 Village Drive Greer, South Carolina 29651