ML20005E302

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Responds to Request to Review Proposed Purchase of C-E by Asea Brown Boveri.Recommends That NMSS Consider Assumption of C-E Commitment to Ensure That Purchase Does Not Adversely Affect Public Health & Safety & Notify DOJ of Processes
ML20005E302
Person / Time
Site: 07000036, 07001100
Issue date: 12/07/1989
From: Mckenna E
Office of Nuclear Reactor Regulation
To: Rouse L
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
26164, NUDOCS 9001050031
Download: ML20005E302 (3)


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MEMORANDUM FOR: Leland C. Rouse, Chief r8

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- Eileen M. McKenna, Acting Chief.

m Policy Development and Technical Support Branch A

Program Managenent, Policy Development' and Analysis Staff Office of Nuclear Reactor Regulation e

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SUBJECT:

PTSB-REVIEW 0F PROPOSED PURCHASE OF COMBUSTION g

ENGINEERING SY ASEA BROWN B0 VERI Q

-This responds 'to a, request from your. staff to review the subject proposed-

. purchase.. We have evaluated the advanced copy of a letter to Mr. James Taylor, with attachments, from Combustion Engineering (C-E). C-E stated in this D1etter that, afterfits merger with Asea Brown Boveri (ABB), it. currently intends to maintain its. existing management and corporate structure,' remain.

intact-as a' separate corporate entity, and " continue to be' the licensee responsible for: compliance with all-of the requirements and obligations imposed.under C-E's NRC licenses."

(CEletter,p.2). Further, it a ppears that the merger represents a straight-forward purchase of C-E's stock ay ABB and-does not. involve significant capital, restructuring.. Based on this'and the more detailed comitments contained in-pages 3-4 of C-E's letter, we conclude.that ADB's proposed aurchase of C-E will not adversely affect either 1 public health and safety or tie comon defense and security.

To increase 1

assurance that this conclusion will remain valid, we recomend that HMSS H

consider incorporating C-E's comitments either directly or by reference into C-E's NPC licenses.

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.hlenote,however,thatbothC-EandABBhavepotentialfinancialweaknesses 1

that could adversely. affect their ability to decomission if the financial 1

eassurance measures afforded by NRC's decomissioning rule were not in place.

' For 1988;. ' E had a cyrrent ratio (i.e. current assets divided by current liabilities)of0.83.

Normally, a ratio of less than 2.0 indicates potential liquidity. problems and a ratio of less than 1.0 even more serious short-tern

? problems. C-E also sustained a net loss of $245 million in 1988, although it 1

realized net income in 1986 and 1987. However, Moody's has rated C-E's l

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1 Financial data is from Moody's Industrial Manual, Vol. I, 1989.

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~' outstanding-long-term debt as Baa which is still investnient-grade. Moody's defines thic rating as indicating that " interest payment and principal security appear adequate for the present but certain protective elements may be

.ormaybecharacteristicallyunreliableoveranygreatlengthoftime." jacking As E

calculated from information submitted by C-E, ABB's current ratio is 1.01.

If transfers to and from corporate affiliates are excluded, the current ratio is 1.67.

In 1988 ABB sustained a net loss of $31 million and had negative cash flow. Moody's rating of ABB's long-term debt was not available.

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'As'part of'its commitments, C-E stated that "ABB is also prepared to provide the NRC with additional reasonable assurances that C-E will have the necessary b

-financial resources available.to decontaminate and decommission its nuclear facilities in accordance with all applicable legal requirements."

(C-E i

letter, p. 3).

In view of this connitment and C-E's and ABB's potential financial weaknesses, NMSS may wish to consider requiring C-E/ABB to base i

financial assurance'for deconnissioning their licensed facilities on site-specific studies by July 26, 1990, rather than the certification amounts contained in 10 CFR Parts-30 and 70.- Although we do not perceive significant L

risk'that C-E or ABB would not be able to meet eventual decommissioning costs, l

in view of their commitment, such'a~ step would pro"ide' additional assurance.

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Additionally,wenotethattheC-Ifstandardreactordesignwillbethesubject l'

of rulemaking to certify the design'for referencing on' reactor license applications. The ABB PIUS: advanced. design is under review by RES and L

potentially will be subject to NRC~ approval. We recommend that the Department of Justice be notified of these ongoing processes for information of potential I

use to its antitrust responsibilities.

If you have any questions on this, please contact Robert Wood on x21280 or l

William Lambe on x21277.

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Eileen H. McKenna, Acting Chief l

Policy Development and Technical Support Branch Program flanagement, Policy Development and Analysis Staff Office of fluclear Reactor Regulation cc: R.-Fonner, OGC A

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