ML20062E517

Application for Amend to CPPR-113 & Application for Ol.Amend Provides for Addition of Purchasers as Applicants for All Licenses Previously Requested & for Transfers to Purchasers of Ownership Interests.Antitrust Info Encl

ML20062E517
Person / Time
Site:	Millstone
Issue date:	08/03/1982
From:	Ferland E NORTHEAST NUCLEAR ENERGY CO., NORTHEAST UTILITIES
To:	Youngblood B Office of Nuclear Reactor Regulation
References
NUDOCS 8208100133
Download: ML20062E517 (13)

Text

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NORTHEAST t#TII.fTIES q ',Q*"Q" ((" ***j""*('""

, Po Box 270

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E. JAMES FERLAND EXECUTfYE VICE PRESIDE NT August 3, 1982 Director of Nuclear Reactor Regulation United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Mr. B. J. Youngblood, Chief Licensing Branch No. 1 Division of Licensing Office of Nuclear Reactor Regulation Gentlemon: .

Re: Millstone Nuclear Power Station Unit No. 3 Docket No. 50-423 Construction Permit No. CPPR-113, as Amended Application for Amendment to License Application and to Construction Permit Pursuant to the Atomic Energy Act of 1954, as amended, the l

Energy Reorganization Act of 1974, and the Rules and I egulations of the United States Nuclear Regulatory Commission (the

" Commission") issued thereunder, in particular 10 C.F.R. 552.101, 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 i (ii) applies for and requests the approval of the Commission of an amendment to Class 103 Construction Permit No. CPPR-113, as p f qpO [

previously amended, to permit transfers of ownership interests in Millstone Unit No. 3 for the following three transfers:

\A/ ( Ef['I f f QOO-8208100133 820803 PDR ADOCK 05000423 A PDR

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OWNERSHIP IN-TEREST TO BE FROM TO TRANSFERRED (in percentage and approx. megawatts)

Chicopee Municipal Massachusetts Muni- 0.4800% (5.5 MW)

Lighting Plant cipal Wholesale

("Chicopee") Electric Company

("MMWEC")

Public Service MMWEC 2.1726% (25 MW)

Company of New Hampshire

("PSNH")

Vermont Electric Vermont Electric O.2000% (2 MW)

Cooperative, Inc. Generation and

("VEC") Transmission Co-operative, Inc.

("VEG&T")

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 (collectively the

" Applicants"), including Chicopee, PSNH and VEC (the " Sellers")

and MMWEC and VEG&T (the " Purchasers"). 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 the Sellers and Purchasers, 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 provide for the addition of the Purchasers as applicants for all licenses previously requested and for the transfers to the Purchasers from the Sellers of the ownership interests in Millstone Unit No. 3 indicated above.

MMWEC is a present owner of a 4.799% ownership interest (approximately 55 MW) in the Millstone Unit 3 project. In

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addition, in Amendment No. 8 to CPPR-113, the Commission authorized MMWEC's purchase of an additional 2.527%

(approximately 29 MW) ownership interest and VEG&T's purchase of _

a 0.600% (approximately 6.90 MW) ownership interest. The transfers authorized by Amendment No. 8 await further regulatory approval prior to their consummation. If such transfers and the transfers proposed in this application are completed, MMWEC and VEG&T will own a 9.9786% (approximately 114 MW) and 0.800% (9 MW) ownership interest, respectively.

MMWEC is a public corporation and political subdivision of the Commonwealth of Massachusetts organized under Chapter 775 of the Massachusetts Acts of 1975 with 33 Massachusetts municipal electric systems as members. MMWEC has its principal offices in Ludlow, Massachusetts and is engaged in the acquisition, development and sale of bulk power to its member municipal electric systems and other electric utilities. MMWEC intends to rely primarily upon the issuance of long-term debt in the form of revenue bonds to finance its ownership interest in the Millstone Unit No. 3 project. Such revenue bonds are or will be secured by "take or pay", life-of-unit power sales agreements with the participating municipal electric systems.

VEG&T is an electric generation and transmission cooperative which was organized in 1979 under Title 30 of the Vermont statutes (V.S.A. 53043). Its principal purpose is the generation, purchase, acquisition, transmission, sale and supply of electric energy and capacity for its member systems. Members of VEG&T obtain required additional generation or transmission capacity through VEG&T. VEC, one of the Sellers, is a member of VEG&T and, as such, wishes to have VEG&T act for it in obtaining and financing all of its interest in Millstone Unit No. 3. VEC obtained its present 0.200% ownership interest in Millstone Unit No. 3 prior to the organization of VEG&T. VEC now wants to -

transfer that interest to VEG&T so that VEG&T will own and finance all of VEC's interest in that Unit. VEG&T and VEC will enter into a take or pay contract with respect to the interest proposed to be transferred herein.

Because VEG&T has electrical generating capacity of less than 200 MW in the aggregate, VEG&T 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 addition, since MMWEC has less than 1,400 MW of electrical generating capacity, it is only required to respond to Question 9 of Appendix L. Twenty copies of MMWEC's answer to that question are submitted herewith. In accordance with 10 C.F.R. 52.101(a)(5), each of the Purchasers (VEG&T and MMWEC) is

, submitting an original and twenty-one (21) copies of an affidavit setting forth the required information as to its electrical generating capacity.

In accordance with $50.32 of the Commission's regulations, which is designed to eliminate repetition in applications, the Applicants hereby incorporate by reference and make a part of this application, 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 filed as part of the application for CPPR-113 and as a part of the prior applications dated October 17, 1975, October 14, 1976, April 18, 1977, May 9, 1977, August 25, 1977, June 10, 1981, December 30, 1981 and May 11, 1982 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. $$2.101 (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 transfers will in no way affect the operation and control of the Millstone Unit No. 3 project by the lead participants therein (The Connecticut Light and Power Company

["CL&P"] and Western Massachusetts Electric Company).1 Accordingly, the proposed transfer will not endanger the health or safety of the public and does not involve any significant increase in the probability of accident, any significant increase in the consequences of an accident, or any significant decrease in the safety margin.

On June 30, 1982, The Hartford Electric Light Company

("HELCO"), formerly a lead participant in Millstone Unit No. 3, merged with and into its affiliate, CL&P. On that date, CL&P succeeded to all of the rights and obligations with respect to HELCO's 18.200% ownership interest in the Unit. Consequently, CL&P presently owns a 52.650% interest in Millstone Unit No. 3.

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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. $170.22, 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.

Thank you for your consideration of this matter.

Respectfully submitted, NORTHEAST NUCLEAR ENERGY COMPANY x . 65-By h _

E. James Ferland 7' Executive Vice President and Chief Financial Officer cc: Richard C. MacKenzie, Esquire Day, Berry & Howard One Constitution Plaza Hartford, Connecticut 06103 Bruce W. McKinnon Power Contract Manager Massachusetts Municipal Wholesale Electric Cooperative Community Power Development Department P. O. Box 426 Ludlow, Massachusetts 01056

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William J. Gallagher Vice President and Executive Manager 2 Vermont Electric Generation and Transmission Cooperative, Inc.

Edward Luton, 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 Regulatory Commission Washington, D.C. 20555 Chase R. Stephens Chief, Docketing and Service Station Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Forest J. Remick 207 Old Main Building Pennsylvania State University University Park, Pennsylvania 16802 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, Connecticut 06385 Lawrence J. Bettencourt First Selectman

. Town of Waterford 200 Boston Post Road Waterford,_ Connecticut 06385 L

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. STATE OF_ CONNECTICUT)

) ss. Berlin 62U , 1982 COUNTY OF HARTFORD )

Then personally appeared before me, E. James Ferir.nd, who being duly sworn, did state that he is Executive Vice President and Chief Financial Officer 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. ,

AA.)f O'2LANl NOTARY PUBLIC /

MYCOMMISSIONEXPIRES:#[/[8b

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• Information for Antitrust Review of License Application '

for Millstone Nuclear Power Station Unit No. 3 .

Submitted!by: Massachusetts Municipal Wholesale Electric Company MMYEC is a public corporation and political sub-division of the Commonwealth of Massachusetts formed under Chapter 775 of the Massachusetts Acts of 1975.

Any Massachusetts city or town having a municipal electric system may become a member of MMWEC by accepting the required enabling legislation and making application for membership to the MMWEC Board of Directors. The following seven municipal electric systems are not currently members of MMWEC:

Chester Municipal Light Department Box 307 Chester, MA 01011 Concord Municipal Light Plant 133 Keyes Road

' Concord, MA 01742 Groveland Municipal Light Department 23 School Street Groveland, MA 01830 ,

Norwood Municipal Light Department 404 Central Street Norwood, MA 02062 Russell Municipal Light Department Shattuck Road Russell, MA 01071 ,

Taunton Muncipal Lighting Plant

• 55 Weir Street Taunton, MA 02780 Town of Wellesley Municipal Lighting Plant 455 Worcester Street Wellesley Hills, MA 02181 MMWEC owns no transmission facilities other than short leads from generating plants to Pool Transmission Facilities operated by the New England Power Pool (NEPOOL). The operation of NEPOOL, including a geographic one-line diagram, are described more fully in Exhibit M-2, Official Statement of Massachusetts Municipal Wholesale Electric Company relating to

$100,000,000 Power Supply System Revenue Bonds,1981 Series B, which is incorporated herein by reference to Northeast Nuclear Energy Company's application to the NRC dated December 30, 1981.

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Information far Antitrust Revicw of Lic;ns3 3

Application for Millstone Nuclear Power Station Unit !!o.

Submitted by: Massachusetts Municipal Wholesale Electric '

Company (MMWEC) b NMWEC is a public corporation and political sub-division of the Commonwealth of Massachusetts formed under Chapter 775 of the Massachusetts Acts of 1975. Any Massachusetts city or town having a municipal electric system may become a member of MMWEC by accepting the required enabling legis-lation and making application for membership t'o the MMWEC Board of Directors. All applications for membership have been promptly accepted by the MMWEC Soard.

Since its creation in 1976, MMWEC's membership has increased to a total of 33 Massachusetts municipal electric systems.

A Rhode Island municipal electric system is also participating MMWEC, and most of its member systems, in MMWEC on a contract basis.

are members of the New England Power Pool.

Participation in MMNEC-developed, long-term power supply resources is Those members electing to participate offered to each member of MNWEC.

in Power Supply System Projects enter into Power Sales Agreements with MMWEC. MMWEC has entered into Power Sales Agreements with 29 of its members and with 12 utilities which are not members.

MMWEC's current ownership of 4.80% of Millstone Unit No. 3 and 11.59% of Seabrook Station, Units 1 and 2, has been previously reviewed and approved.

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STATE OF MASSACHUSETTS )

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) July 29 , 1982 COUNTY OF HAMPDEN )

Personally appeared before me PHILLIP C. OTNESS , who being duly sworn, did state that he is the General Manager of the Massachusetts Municipal Wholesale Electric Company (" Participant") named in the attached Affidavit and that he is duly authorized to execute and deliver said Affidavit in the name of and on behalf of the Participant.

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'D Notary Public My comission expires 3/3/89 l

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AFFIDAVIT REGARDING ELECTRIC GENERATING FACILITIES OF MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY L

KNOW ALL" MEN BY THESE PRESENTS, that Massachusetts Municipal Wholesale Electric Company (" Participant"), a prospective purchaser of an interest in the nuclear electric generating unit being constructed in Waterford, Connecticut, known as Millstone Nuclear Power Station No. 3, (the " Unit"), does hereby provide, on page 2 hereof, information required pursuant to Section 2.101(a)(5) of the Nuclear Regulatory Comission's rules and regulations relating to electric generating facilities owned and operated by the Participant.

IN WITNESS WHERE0F, the Participant has caused this affidavit to be signed by its authorized officer and its seal to be affixed hereto as of the 29th day of July , 1982.

By /k General Manager and Secretary

OWNERSHIP AND OPERATION OF '

ELECTRIC GENZRATING FACILITIES Total Nameplate Net Dependable Year Rating of the No. of Units Generating Capacit

'Name and At the Station of the Station (kW!)

Type of Facility Location Installed Station (kW) ,

Stony Brook Intermediate Unit Ludlow, MA 1981 453,700 KW 4 352,820 KW 0200F (oil / gas fired I combined cycle unit)

W.F. Wyman Unit No. 4 Yarmouth, ME 1978 Unit #4 4 Unit #4 632,400 KW 585,000 KW (oil fired steam Total Station unit) Total Station 846,036 KW 809,090 KW

• New England Power Pool ratings as of July 1,1982 O

VERMONT ELECTRIC CENERATION AND ,

TRANSMISSION COOPERATIVE, INC. ,

School Street Johnson, \'ermont 05656 (802) 635-2331 July 23, 1982 1, Jerry L. Bucholz, Assistant Treasurer and Controller of Vermont Electric Generation and Transmission Cooperative, Inc. ("VEG & T"), state that as of the date hereof VEG & T has the following generating capacity:

1. VEG & T owns no generating capacity.

2. VEG & T has the following contracts with various companies for capacity from the following sources:

a) Vermont Yankee 5.561 MW b) Merrimack Unit No. 2 1.909 MW c) System Power 13.400 MW ,

d) Gas Turbine a0 MW Total 29.87 MW

VERMONT ELEC'TRIC GENERATION AND TRANSMISSION. COOPERATIVE, INC.

o By (Jer.N L, ;ci;ol z[(

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. v. w , 4 .f l e r l STATE OF WERMONT )

) SS COUNTY OF LAMOILLE)

At Johnson, this M day of uh , 1982, Jerry L. Bucholz, Assistant Treasurer and Controller of V$rmong El,ectric Generation and Transmission Cooperative, Inc., personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Vermont Electric Generation and Transmission Cooperative, Inc.

Before me:

f dAf_ N h Notary Public t