ML19343A650

Amend 41 to Application for OL Requesting Partial Transfer of Ownership from CT Light & Power Co to Fitchburg Gas & Electric Light Co.Certificate of Svc & Applicant General Info Encl

ML19343A650
Person / Time
Site:	Seabrook
Issue date:	11/10/1980
From:	Merrill D PUBLIC SERVICE CO. OF NEW HAMPSHIRE
To:	Office of Nuclear Reactor Regulation
Shared Package
ML19343A648	List: ML19343A647 ML19343A650 ML19343A651 ML19343A653
References
NUDOCS 8011190378
Download: ML19343A650 (15)

Text

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F-)-- JC l Eo$panyof New Homps5En I

V'h Movember 10, 1980 United States Nuclear Regulatory Cor.nission Directorate of Licensing Office of Regulation Washington, D. C. 20045 Attention: Director Re: Amendment 41 to License Application Dated March 30, 1973 (Docket Nos. 50 443 & 50-444) and Recuest for Partial Transfer cf Construc-tion Fernits Mos. CPPR-135 and CPPR-136 Gentlemen:

Pursuant to the Atomic Energy Act of 1954, as amended, and the Commission's Rules and Regulations thereunder, Public Service Company of New Hampshire ("PSCo"), on behalf of itself and the other licensees named in the above Construction Permits, hereby amends the License Application filed on March 30, 1973, as here-tofore amended and supplemented, and, pursuant to 10 CFR S 50.80, reauests Conniscion approval of the partial transfer described below of the above Construction Permits as heretofore amended.

In support hereof, the Applicants supply the following informa-tion:

A. Recuested Modifications of Construction Fernits

1. The transfer by The Connecticut Light and Power Company

("CLLP") of a 0.43332% portion out of its Ownership Share to Fitchburg Gas and Electric Light Company 80111903 %

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("Fitchburg"), which is presently a licensee under the above Construction Permits.

B. Supporting Material In support of this request for partial transfer, the Appli-cants submit that the Agreement for Joint Ownership, Construction and Operation of New Hampshire Units, dated May 1,1973 (initially filed in License Application, Amendment 14--the " Joint Ownership Agreement"), provides in Paragraph 23 that "any Participant may at any time sell all or any portion of its Ownership Share" upon certain conditions.

By Amendment No. 39 to the License Application, filed June 5, 1978, as supplemented on october 16, 1978, the Applicants initially requested approval of the above-described partial transfer. Such approval was originally grar,ted by the Commission in Amendment No. 1 to the Construction Permits. However, the transaction was not consummated because the required proceedings before the Massa-chusetts Department of Public Utilities ("MDPU") had not been completed. Subsequently, as part of Amendment No. 3 to the Con-struction Permits, the Commission withdrew its authorisation of the transfer to Fitchburg even though the accompanying Safety Evaluation Report concluded that Fitchburg was financially quali-fled to assume that added interest. In connection with that withdrawal, the Commission stated that "when advised that these transfers to Fitchburg . . . from Connecticut Light and Power Company will be consummated we will evaluate a recuest for an additional amendment authorising these ownership transfers on the basis of the Safety Evaluation attached to Amendments No. 3 . . . .

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The MDPU has now issued its Order dated October 30, 1980 approving the CL&P transfer to Fitchburg as well as certain other transfers previously authorized by Amendment No. 3 CL&P and Fitchburg desire to consummate their transaction as soon as possible before the end of 1980. Therefore, the Applicants re-quest prompt authorization of that transfer on the basis of the existing Safety Evaluation Report attached to Amendment No. 3 In further support of the request for partial transfer, the a

following information is supplied herewith:

J 1. Twenty-five copies of revised pages for Parts I, III and IV of the " General and Financial Information" section of the License Application, describing the present status of ownership, the 4

pending reallocations and the transfer described herein.

2. Ten copies of the Order, dated October 30, 1980, of the MDPU, approving the acquisition by Fitch-burg from CL&P and approving certain other trans-fers.

C. General This amendment and request (threc signed originala, under oath, and twenty-two copies) is being submitted by PSCo on be-half of all the current participants in the project. Copies of the Appointment of Agent forms authorizing PSCo to act on behalf of the participants have been previously filed in the above dock-ets.

The transfer herein requested will in no way affect the pro-visions of the Joint Ownership Agreement, which vest responsibility

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for the operation and control of the project in PSCo, the lead participant, nor in any way affect the design of the facility.

Accordingly, the transfer does not raise any issues with respect to safeguards against hazards from radioactive materials (10 CFR 50.80(b)) or any alteration of a licensed facility or signi-ficant hazards consideration (10 CFR S 50.91).

Pursuant to 10 CFR S 50.80(b), the Applicants confirm their agreement that they will not permit any individual to have access to any Restricted Data until the Civil Service Commission shall have made an investigation and reported to the Nuclear Regulatory Commission on the character, associrtions and loyalty of such individual and the Nuclear Regulatory Commission scall have deter-mined that permitting such individual to have access to Restricted Data will not endanger the common defense and security.

Pursuant to 10 CFR S 170.22 and in accordance with the deter-mination.made with respect to Amendment No. 39 in the above dockets, Applicants propose that this Amenoment constitutes a Class II.I amendment involving a single issue and, accordingly, a check for

$4,000 is enclosed herewith to cover the filing fee.

The Applicants submit that Fitchburg is qualified to be a holder of an enlarged Ownership Share in the Seabrook Project under the Construction Permits and that the transfer would be consistent with applicable provisions of law, regulations and e

orders of the Commission.

Respectfully submitted, PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE By M/7 i

'D. N. Merrill Executive Vice President STATE OF NEW HAMPSHIRE =

COUNTY OF HILLSBOROUGH Personally appeared before me this 10th day of November, 1980, D. N. Merrill, who, being duly sworn, did state that he is Executive Vice President of Public Service Company of New Hampshire, an applicant herein, that he is duly authorized to 6xecute and file the foregoing amendment and request in the name and on behalf of Public Service Company of New Hampshire, and that the statements in said amendment and request are true to the best of his knowledge and belief.

n_ , , f . . c 4 f) \ 'a t N Notary Public-My Commission Expires