ML16195A021

Change in Corporate Form of Entergy Nuclear Holding Company

ML16195A021
Person / Time
Site:	Indian Point, FitzPatrick
Issue date:	08/04/2016
From:	Shaun Anderson Plant Licensing Branch IV
To:	Entergy Nuclear Operations
Wengert T, NRR/DORL/LPL1-1, 415-4037
References
CAC MF7452, CAC MF7453
Download: ML16195A021 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 4, 2016 Vice President, Regulatory Assurance Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 AND JAMES A.

FITZPATRICK NUCLEAR POWER PLANT-CHANGE IN CORPORATE FORM OF ENTERGY NUCLEAR HOLDING COMPANY (CAC NOS. MF7452 AND MF7453)

Dear Sir or Madam:

By letter dated February 25, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16056A485), Entergy Nuclear Operations, Inc., on behalf of Entergy Nuclear New York Investment Company I (ENNYIC), submitted notice for a planned conversion of ENNYIC from a Delaware corporation to a Delaware limited liability company and for a subsequent loan of funds via a creditor agreement that provides an equity interest to the creditor upon default. The creditor is Entergy Power BJE Holding, Ltd., a wholly-owned subsidiary of Entergy Corp. that is incorporated in the Cayman Islands. The notice of the creditor agreement was supplemented by letter dated March 21, 2016 (ADAMS Accession No. ML16081A370), to increase the potential equity interest upon default from 10 percent to 25 percent.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the conversion of ENNYIC from a Delaware corporation to a Delaware limited liability company and has determined that the actions are administrative in nature, as codified in the General Corporation Law of Delaware (Sections 228 and 266), and that no substantive changes to the licensee's arrangements or ability to own, operate, or decommission the James A. FitzPatrick Nuclear Power Plant or the Indian Point Nuclear Generating, Unit No. 3, will result from the name change. In addition, the credit agreement, as supplemented, is compliant with 10 CFR 50.81, "Creditor regulations," and does not require a review under 10 CFR 50.38, "Ineligibility of certain applicants," until such time as a default occurs.

The NRC staff has completed its review and has no further questions at this time.

Please contact Thomas Wengert at (301) 415-4037, or by e-mail at Thomas.Wengert@nrc.gov, if you have any questions on this issue.

Sincerely,

///-

Shaun M. Anderson, Acting Chief Plant Licensing IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-333,72-012, 50-286, and 72-051 cc: Distribution via Listserv

The NRC staff has completed its review and has no further questions at this time.

Please contact Thomas Wengert at (301) 415-4037, or by e-mail at Thomas.Wengert@nrc.gov, if you have any questions on this issue.

Sincerely, IRA/

Shaun M. Anderson, Acting Chief Plant Licensing IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-333,72-012, 50-286, and 72-051 cc: Distribution via Listserv DISTRIBUTION:

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NAME DPickett TT ate SAnderson DATE 7/26/2016 8/4/2016 8/4/2016 OFFICIAL RECORD COPY