ML20049J255

Application to Amend CPPR-126 & CPPR-127 to Reflect Revised Ownership Interests.Second Amend of Joint Ownership Agreement Encl

ML20049J255
Person / Time
Site:	Comanche Peak
Issue date:	03/10/1982
From:	Gary R TEXAS UTILITIES SERVICES, INC.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
TXX-3489, NUDOCS 8203120325
Download: ML20049J255 (8)

Text

+ . Log # TXX-3489 Fi1e 10101 TEXAS UTILITIES SERVICES INC.

2001 ItHYAN Tt m i.it

• IIAI.I.AM. Tia AN 75201

'f $1 l March 10, 1982 .

M I MAR 111982> 3 Mr. Harold R. Denton Director g N gnr. mM" 7 '/

Office of Nuclear Reactor Regulation p M/

Nuclear Regulatory Commission W Washington, D.C. 20555

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION REQUEST FOR AMENDMENT OF CONSTRUCTION PERMITS CPPR-126 AND CPPR-127 DOCKET NOS. 50-445 AND 50-446

Dear Mr. Denton:

Texas Utilities Generating Company (TUGCO) is presently the holder of NRC Construction Permits Nos. CPPR-126 and -127 for the Comanche Peak Steam Electric St ! tion, Units 1 and 2 (CPSES). By this application, TUGCO, on its own behalf and on behalf of the other applicants, respectfully requests that the NRC amend said construction permits to reflect revised ownership interests of Texas Power & Light Company (TPL) and Tex-La Electric Cooperative of Texas, Inc. (Tex-La) in CPSES, as those interests are hereafter stated.

Amendment No. 4 to the construction permits, dated September 30, 1981, was issued to reflect, inpart, the purchase of a 4-1/3% interest in CPSFS 'oy Tex-La from TPL. To finance its share of the project (including plant, transmission facilities and fuel) Tex-La received a

$180 million loan guarantee from the U.S. Rural Electrification Administration. In October, 1981, TUGC0 increased its estimate of the construction costs of CPSES. This new cost estimate and the financial qualifications of each of the applic. ants have been fully addressed and are a matter of record in the December, 1981 hearings before the Atomic Safety and Licensing Board (ASLB). In January,1982, Tex-La notified TPL that, in light of the increased cost estimate, it did not have sufficient long-term financing to support in full its 4-1/3% ownership interest. Accordingly, Tex-La requested consideration be given to reducing pcrticipation to 2-1/6%. On February 12, 1982 the applicants amended the CPSES joint ownership agreement to reduce Tex-La's participation to 2-1/6% and increase TPL's participation from 31-1/2%

to 33-2/3%. The amendment to the joint ownership agreement is attached to this request.

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8203120325 820310 PDR ADOCK 05000445 A PDR w

Other than the above described changes in ownership interest, there have been no material changes in the financial condition'of TPL, Tex-La or the other applicants that would affect the NRC Staff evaluation of the applicant's financial qualifications presented at the December hearing before the ASLB. No new parties will be added as owners by this transaction, and entitlements to output will correspond to ownership shares. TUGC0 will retain exclusive responsibility for the design, construction, operation and maintenance of CPSES and will continue to act as agent for all applicants in connection with all aspects of NRC licensing and regulation.

Since the requested amendments of the construction permits involve no significant hazards considerations, it is requested that the.

NRC dispense with advance notice and publication requirements as permitted under Section 189(a) of the Atomic Energy Act of 1954, 42 U.S.C. 5 2239, and 10 C.F.R. 50.91.

Because the proposed amendments are pro forma, administrative in nature and have no safety or environmental significance we have determined the amendment class should be class II ($1,200) for Unit 1 and class I ($400) for Unit 2. We have therefore enclosed a check for

$1,600 as payment of amendment fee.

Sincerely,

1. .. Gary [

R.

RJG:grr Affidavit Attachment

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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TEXAS UTILITIES GENERATING COMPANY ) Docket Nos. 50-445

) 50-446 (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

AFFIDAVIT R. J. Gary being duly sworn, hereby deposes and says that he is Executive Vice President and General Manager of Texas Utilities Generating Company, the /pplicant herein; that he is duly authorized to sign and file with the Nuclear Regulatory Commission this request to amend the Construction Permits (CPPR-126 and CPPR-127) for the captioned facilities; that he is familiar with the content thereof; and that the matters set forth therein are true and correct to the best of his knowledge, information and belief.

R. [ Gary Executive Vice President and General Manager STATE OF TEXAS )

) ss COUNTY OF D/iL/6 )

Subscribed and sworn to before me, a Notary Public in and for hm j 4 on this /o d day of _ h g _ , 19f3 kw k Notary Public My commission expires _ /7 , 19/_f

SECOIJD AME!!DME!;T OF JOII;T OWI;ERSHIP ACREEME!;T C

PARTIES

,5 This Agreement is entered into this l7 b day of February,1982, by and between Dallas Power & Light Company (DP&L), Texas Electric Service Company (TESCO), Texas Power & Light Company (TP&L), Texas Utilities Generating Company (TUGCO), Texas Municipal Power Agency (TMPA), Brazos Electric Power Cooperatite, Inc. (BEPC), and Tex-La Electric Cooperative of Texas, Inc. (Tex-La). DP&L, TESCO, and TP&L will be hereinafter referred to collectively as " Companies." DP&L, TESCO, TP&L, TMPA, BEPC and Tex-La will be hereinafter referred to collectively as " Parties" and separately as " Party," and with TUGCO collectively as " Signatories" and separately as " Signatory."

RECITALS

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l. On Decert.ber 9, 1980, the Signatories executed an Amendment of Joint Ownership Agreement (the Amendment) contemplating the sale by TP&L to Tex-La of an undivided 4-1/3% interest in the Project and Fuel, as such terms are defined in 'he Joint Ownership Agreement.

2. Provisional closing of such sale was held on January 8,1981, prior to and without waiving satisfaction of all conditions pregedent to final closing.

3. Tex-La has been able to obtain permanent financing suffi-cient only to satisfy its obligations under the Amendment and the Joint Ownership Agreement to the extent of an undivided 2-1/61 interest in the Project and Fuel, and it is desirable to alter the aforesaid Amendment to provide for the purchase and retention by Tex-La of only an undivided

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2-1/61 interest.

4 NOW, TI!E REFORE , in consideration of the premices and the mutual agreements herein set forth, the Signatories agree as follows:

1. Second Closing. As soon as practicable after execution hereof, a second closing will be held. At the second closing:

(a) TP&L will execute and deliver such instruments and transfers as provided in Paragraph 3 of the Amendment as may be necessary to convey and' assign to Tex-La an undivided 2-1/61 interest in the Project and Fuel as they exist a *. the date of second closing.

(b) Tex-La will execute such instruments and transfers as may be necessary to convey and assign to TP&L all Tex-La's undivided interest in the Project and Fuel as they exist on the date of second closing which exceeds an undivided 2-1/6% interest theroin; such conveyances will be by special warranty, in form reasonably satisfactory to TP&L, free and

[ clear of all liens, mor tgages, encumbrances and easements, except those as set for th in the conveyances of January 8,1981, f rom TP&L to Tex-La.

(c) Tex-La shall be refunded and paid the sum of:

(i) all sums heretofore paid by Tex-La pursuant to Para-graphs 2 and 4 of the Amendment which are in excess of the sums Tex-La would have paid if its obligations under such paragraphs had originally been 2-1/61 of construction costs and development costs, plus interest and TP&L's tax liability, rather than 4-1/3%;

(ii) all interest and charges related thereto (not of any earnings of Tex-La on investment of borrowed funds prior to payments pursuant to the Amendment and Joint ownership Agree-ment) actually incurred and paid by Tex-La in connection with its k

borrowing of funds to make payments under the Amendment and Joint Ownership Agreement to the extent that such interest and related charges pertain to the amount to be refunded under (i) above.

(d) Tex-La will pay TUGCO, as agent for TP&L, the sum of

$299,502.30, representing one-half (1/2) of Texas use taxes refunded Tex-La in connection with the January 8, 1981 closing.

2. Time of Second Closing. The second closing will take place at the of fices of TP&L in Dallas, Dallas County, Texas, not .later than March 31, 1982. Companies and Tex-La shall, promptly and with all due diligence, take all necessary actions and endeavor to obtain all regulatory approvals, orders and permits necessary for such closing.

Either TP&L or Tex-La may refuse to consummate the second closing for any of the following reasons:

(a) Any of the r'easons specified in Paragraph 3(a) of the

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Amendment which relate to the second closing and transactions to be effected thereat; (b) The Transmission Agreement, the Distribution Service Agree-ment, the Entitlement Assignment Contract and the Power Supply Agree-ment have not been amended to reflect the reduced undivided interest of Tex-La in the Project and luel.

If the reason for refusal to consummate the second closing has not been removed within six (6) months after March 31, 1982, either Companies or Tex-La may terminate this Amendment by written notice to the other to such effect.

3. Amendatory Provisions. Ef fective f rom and af ter the date of second closing:

k (a) Paragraph 4 of the Amendment shall be amended to show the

( ownership share of TP&L as "33-2/31" rather than "31-1/2%," and the ownership chare of Tex-La as "2-1/65" rather than "4-1/31."

(b) Paragraph 8 of the Amendment shall be amended to substitute "2-1/6%" for "4-1/31."

4. Waiver. DP&L, TESCO, TMPA and BEPC hereby concur in the aforesaid transaction and waive all rights, if any, granted them in Section 16 of the Joint Ownership Agreement to acquire all or any part of the 2-1/61 undivided interest to be conveyed by Tex-La to TP&L pursuant to the terms of this Amendment, but such waiver shall not extend to any subsequent transfer of ownership in the Project by any Party.

5. References. All references in the Joint Ownership Agree-( ment, and all amendments and supplements thereto, to the Transmission Agreement, Entitlement Assignment Contract, Distribution Service Agreement, and the Power Supply Agreement, or any of them, shall include references to any and all amendments, heretofore or this date executed, to such agreements, but only from and after such date as any such amendment shall be effective.

IN WITNESS WHEREOF the Signatories hereto have caused this Amend-ment to be executed as of the day and year first hereinabove written.

t ATTEST: DALLAS POWER & LIGHT COMPANY l

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Secretary President k

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