ML20052F584

Amend to Application for OL & Amend to Cp.Amend Transfers Ownership from Public Svc of Nh to CT Municipal Electric Energy Cooperative

ML20052F584
Person / Time
Site:	Millstone
Issue date:	05/11/1982
From:	Ferland E NORTHEAST NUCLEAR ENERGY CO.
To:	Youngblood B Office of Nuclear Reactor Regulation
Shared Package
ML20052F585	List: ML20052F584 ML20052F592
References
NUDOCS 8205130216
Download: ML20052F584 (6)

Text

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NNE:CO n av m HANTFORD. CONhCCTICUT C001 NORTHEAST NUCLEAR ENERGY COMPANY

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j A NORIHEAST UTILtTIES COMPANY j

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May 11, 1982 ggg g

V-h.1Ay121982Q) un Director of Nuclear Reactor Regulation 7,

United States Nuclear Regulatory Commission Washington, D.C.

20555

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Attention:

Mr.

B.

J.

Youngblood, Chief Licensing Branch No. 1 Division of Licensing Office of Nuclear Reactor Regulation Gentlemen:

Re:

Millstone Nuclear Power Station Un;t No. 3 Docket No. 50-423 Construction Permit No. CPPR-113, as Amended Amendment to License Application and Application for Amendment to Construction Permit Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the Rules and Regulations of the United States Nuclear Regulatory Commission (the

" Commission") issued thereunder, in particular 10 C.F.R.

$52.101, 50.30, 50.80 and 50.90, Northeast Nuclear Energy Company (the " Company") hereby (i) amends its application for an operating license and such other permits and licenses as may be required for the construction and operation of the above-referenced facility, Millstone Nuclear Power Station Unit No. 3

(" Millstone Unit No.

3"),

and the possession, use, and disposition of nuclear materials in connection therewith, and (ii) applies for and requests the approval of the Commission of an Amendment to Class 103 Construction Permit No. CPPR-113, as previously amended, to reduce the ownership share in Millstone Unit No. 3 to be transferred from Public Service Company of New Hampshire ("PSNH") to the Connecticut Municipal Electric Energy Cooperative ("CMEEC") from 1.7391% (20MW), as authorized in Amendment No. 7 to CPPR-113, to 1.0435% (12MW).

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. This application (three signed originals, under oath, and nineteen copies) is being submitted by the Company on behalf of all current participants in the project, including PSNH and CMEEC (collectively the " Applicants").

Pursuant to Section 50.32 of the Commission's regulations, the Applicants hereby incorporate by reference and make a part of this application the Power of Attorney or Designation of Agent by each of the respective current participants, including PSNH and CMEEC, appointing the Company attorney-in-fact or agent, as appropriate, for the purpose of filing applications for a construction permit, related permits and licenses, and all amendments thereto.

The use of such Powers of Attorney and Designations of Agent is consistent with procedures used in connection with the original Construction Permit Application for Millstone Unit No. 3 (Docket No. 50-423).

This amendment and application for transfer is in compliance with Paragraphs 50.80(a) and (b) of the Commission's regulations.

Its purpose is to give recognition to a change in the contract between PSNH and CMEEC which will result in the transfer to CMEEC from PSNH of a percentage ownership share in Millstone Unit No. 3 which is lower than the percentage authorized in Amendment No. 7 to CPPR-113.

t CMEEC, the proposed transferee from PSNH, is a public corporation, a public body corporate and politic and political subdivision of the State of Connecticut, organized under Chapter 101a of the Connecticut General Statutes, 957-233a to 7-233w.

CMEEC's present participants are three (3) Connecticut municipalities (the Cities of Groton and Norwich and the Borough of Jewett City) (collectively " Participants") which own and operate their own municipal electric systems under Chapter 101 of the Connecticut General Statutes, S$7-213 to 7-233, and provide electric power and energy to residential, commercial, and industrial customers within their respective service areas.

CMEEC's principal business is the sale of electric power to the three Participants.

CMEEC is authorized, among other things, to purchase and sell power, to construct and acquire electric generating facilities, and to finance such purchases, construction and acquisition.

CMEEC has entered into power supply contracts with the Participants under which CMEEC will supply them with all of their power and energy requirements (beyond that which can be provided from their existing generating facilities) on a "take and pay basis."

CMEEC plans to finance the proposed acquisition and participation in Millstone Unit No. 3 through issuing electric system revenue bonds and CMEEC's investment income.

The bonds

will be fully secured by a pledge of the revenues derived by CMEEC from its "take and pay" power supply contracts with the three Participants.

Under the power supply contracts, each of the Participants is obligated to make payments to CMEEC for all its costs associated with the delivery of power, including CMEEC's annual cost of participation in the Millstone Unit No. 3 project and associated debt service.

CMEEC also has the ability to provide construction funds from internal cash flow.

Presently, it is expected that the monies required to finance CMEEC's share of the total capitalized cost of the Millstone Unit No. 3 project will be derived from the proceeds of a single revenue bond issue.

The transfer will in no way affect the ownership interests of, or the operation and control of the Millstone Unit No. 3 project by, the Lead Participants therein (The Connecticut Light and Power Company, The Hartford Electric Light Company and Western Massachusetts Electric Company) or result in design changes to the facility.

Accordingly, the proposed transfer will not endanger the health and safety of the public and does not involve any significant increase in the probability or consequences of an accident or any significant decrease in the e

safety margin.

A copy of the job progress report describing the status of the Millstone Unit No. 3 project as of December 31, 1981, the most recent such report sent to the Participants in the project, is enclosed herewith.

J Because CMEEC and the three Participants have electrical 2

generating capacity of less than 200 MW(e) in the aggregate, CMEEC is not required to file the antitrust information the Attorney General normally requires under 10 C.F.R. 550.33a and Appendix L to 10 C.F.R. Part 50.

In accordance with 10 C.F.R. 52.101(a)(5), CMEEC submitted with the application to the Commission for Ammendment No. 7 an affidavit setting forth information as to its electrical generating capacity and the electric generating capacity of the Participants.

In accordance with 10 C.F.R. 550.32, the Applicants hereby incorporate by reference and make a part of this application said affidavit, together with the following information contained in previous applications, statements, and reports filed with the Commission:

1.

General Information as prescribed by 10 C.F.R. 550.33 and Appendix C to 10 C.F.R. Part 50, filed as part of 4

the application for CPPR-113 and as a part of the prior applications dated October 17, 1975, October 14, 1976, i

. April 18, 1977, May 9, 1977, August 25, 1977, June 10, 1981 and December 30, 1981 for the amendments to CPPR-113 relating to prior transfers of ownership interests in Millstone Unit No.

3.

2.

Information requested by the Attorney General for Antitrust Review as prescribed by 10 C.F.R.

SS2.101(a)(5) and 50.33a and Appendix L to 10 C.F.R. Part 50, filed as part of the application for CPPR-113 and as part of the prior applications for amendments to CPPR-113 relating to the prior transfers of ownership interests in Millstone Unit No. 3.

The proposed transfer is planned to be made in August,.1982, subject to consummation of CMEEC's revenue bond financing and to prior approval of the Commission and other regulatory bodies.

CMEEC's schedule for proceeding with its revenue bond financing is dependent, in part, upon the Commission's action on this i

application.

The Applicants, therefore, respectfully request that the Commission schedule review of this application so that approval may be granted before May 31, 1982.

It is requested that any correspondence with respect to this matter be sent to Northeast Nuclear Energy Company, as follows:

E.

James Ferland, Executive Vice President Northeast Nuclear Energy Company P.

O.

Box 270 Hartford, Connecticut 06101 and copies of all such correspondence be sent to:

Richard C. MacKenzie, Esquire Day, Berry & Howard One Constitution Plaza Hartford, Connecticut 06103 Pursuant to 10 C.F.R.

S170.22, the Company is enclosing a check to cover the fee of $1,200 for a Class II amendment.

Please indicate your receipt of this application on the enclosed copy of this letter and return it'to the undersigned in the enclosed stamped, self-addressed envelope.

i

. Thank you for your consideration of this matter.

Respectfully submitted, I

NORTHEAST NUCLEAR ENERGY. COMPANY By:

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E. James Ferland Its Executive Vice President 4

cc:

C.

Duane Blinn, Esquire Day, Berry & Howard One Constitution Plaza Hartford, Connecticut 06103 Robert M.

Sussler, Esq.

Conway, Londregan, Leuba, McNamara & Sussler Four Whale Oil Row P.O.-Box 1351 i

New London, Connecticut 06320 D.

Pierre G.

Cameron, Jr.

Vice President and General Counsel Public Service Company of New Hampshire 1008 Elm Street Manchester, New Hamshire 03101 Edward Lutton, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lester Kornblith, Jr.

Atomic Safety and Licensing Board U.S. Nuclear Regeletory Commission Washington, D.C.

20555 Chase R.

Stephens Chief, Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatery Commission Washington, D.C.

20555 Dr. Forrest J.

Remick 207 Old Main Building Pennsylvania State University University Park, Pennsylvania 16802 s

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. Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Edward S. Christenbury, Esquire Counsel for NRC Regulatory Staff U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Waterford Public Library 49 Rope Ferry Road Waterford, Connecitcut 06385 Lawrence J.

Bettencourt First Selectman Town of Waterford 200 Boston Post Road Waterford, Connecticut 06385 STATE OF CONNECTICUT

)

) ss. Berlin May //, 1982 COUNTY OF HARTORD

)

Then personally appeared before me, E.

James Ferland, who being duly sworn, did state that he is Executive Vice President of Northeast Nuclear Energy Company, the attorney-in-fact or agent for the Applicants herein, that he is duly authorized to execute and file the foregoing application in the name and on behalf of the Applicants herein, and that the statements in said application are true to the best of his knowledge and belief.

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NOTARY PUBBTC j[V/- b MY COMMISSION EXPIRES:

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