ML20072U454
| ML20072U454 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/16/1991 |
| From: | Feigenbaum T PUBLIC SERVICE CO. OF NEW HAMPSHIRE |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NYN-91060, NUDOCS 9104190146 | |
| Download: ML20072U454 (3) | |
Text
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New Hampshire Ted C. Feigenbowm Y-hh Prc6 dent and Chief Executive Officer NYN 91060 April 16,1991 United States Nuclear Regulatory Commission Washington, D.C.
20$$5 Attention:
Document Control Desk
References:
(a)
Pacility Operating License No. NPF 86, Docket No. 50 443 (b)
Petition for Leave to Intervene in the Transfer of Public Service Company of New llampshire's ownership Interest in Seabrook Station to Northeast Utilities (the Petition), dated April 1, 1991, filed by Seacoast Anti Pollution League (c)
Application to Amend OL to Authorize North Atlantic Energy Service Company (NAESCO) to Act as Managing Agent for Seabrook Station, dated November 13, 1990, ar, supplemented (Operator Amendment)
(d)
Application to Amend OL to Authorize North Atlantic Energy Corporation (NAEC) to Acquire and Possess the Public Service Company of New llampshire Ownership Interest in Scubrook, dated November 13, 1990
Subject:
Response to Comments Contained in Seacoast Anti Pollution League's
- Petition for 1. cave to Intervene in the Transfer of Public Service Company of New llampshire's Ownership Interest in Seabrook Station to Northeast Utilitics" Gentlemen:
New llampshire Yankee (NilY) is in receipt of the Petition (Reference (b)), which, after reciting allegations against Northeast Utilities (NU) derived from "newspape. and magazine articles," concludes with a plea that "NU should not be granted permission to become the licensed operator of the Scabrook Nuclear Power Plant." Insofar as the Petition constitutes a request for a hearing, the Seabrook Licensees have responded in acenrdance with the Commission's Rules of Practice. Insofar as the Petition ir, deemed to be a comment upon the proposed no significant hazards consideration determination regarding the Operator Amendment, NHY addresses it herein.
NilY Division of Public Service Company of New ilampshire (PSNil), in its capacity as Managing Agent for the Seabrook Joint Owners, is the present authorized operator of Seabrook Station under Facility Operating License NPP 86. As such, NHY submitted the two pending applications for license amendments (References (c) and (d)).
Ifg 9104190146 910416 PDR ADOCK 05000443 P
PDR New Hampshire Yonkee Division of Public Service Company of New Hompshire
) >,.. m p I P.O. Box 300
- Soobrook, NH 03874 Telephone (603) 474 9521
~
. United States Nuclear Regulatory Commission April 16,1991
_ Attention:
Document Control Desk Page two i
As explained h the Operator Amendment, in accordance with the July 19, 1990 Agreement (Exhibit 1 to the Operator Amendme.it, hereafter the July Agreement) and t
paragraph 36 of the Joint Ownership Agreement. (JOA), the instrument governing the relationships among the Joint Owners, Joint Owners owning the requisite percentage of i
Seabrook Station propose, upon receipt of requisite regulatory approval, to appoint a new entity, NAESCO, as successor Managing Agent to operate Seabrook Station on behalf of all sne Joint Owners. This change in operator is an integral pa:t of the Reorganization Plan approved by the Bankruptcy Court in the proceeding relating to PSNH.' The transaction will 4
be implemented by the execution of the Managing Agent Operating Agreement (MAOA),
(Exhibit D 1 to the Form U 1 filed as a supplement te the Operator Amendment on January 22, 1991) between NAESCO and the Joint Owners. Paragraph 3(a) of the MAOA explicitly provides il NAESCO, as Managing Agent for all the Jo nt Owners, "shall have complete i
and ultimate resnonsibility for day to day management of [Seabrook Station which includes)... authority on all operational issues respecting Seabrook 1 to the extent necessary to comply with the NRC License."
(Emphasis added),
As the Operator Amendment expressly states, the existing staff of NHY will be concurrently transferred to NAESCO in order to " achieve continuity in the management of Seabrook with the same staff and contractor _ support resources previously evaluated and approved" by the NRC.
l Therefore, NAESCO will be staffed by essentially the same individuals who currently staff the NHY. organization. Tims, the MAOA will transfer to NAESCO, as Managing Agent, the ultimate responsibility for management, operation and maintenance of Seabrook Station previously vested in PSNH and NHY by the Joint Ownership Agreement.
Under the JOA, the-Managing Agent is deemed to act on behalf of all Joint Owners, none - of whom has a majority interest in Seabrook.
In addition, Joint Owners are represented by an Executive Committee which is responsible for policy making, financial and other decisions not involved in day to day operations. The MAOA will also expand the Joint Owners' participation in general oversight, increase their access to Project information, and entitle them to more auditing and budgetary input, as well as update the limitation on liability provision.
Based on the information above, all of which is set forth in the Operator Amendment,
-the Petition's alle,ctions with respect to NU, even assuming, for the sake' of argument, their r
substantiation,' are irrelevant and immaterial to -_ the issue of NAESCO's technical
_ qualifications. As described in the Operator Amendment, NAESCO will succeed to the
'A second consequence of the Reorganization Plan is the change in ownership of PSNH's interest
!n Seabrook which will be transferred to NAEC. See Reference (d).
l
'The Petition alludes to an investigation of NU currently being conducted by the NRC Office of
' Investigations which was " triggered by a Department of Labor complaint" Since that investigation has not been concluded, it would be ittpraper to draw any inferences from its mere existence. See Pacific Indeed(, NRC case lav nakes clear that without a nresent showine of a nervasiveDiab Gas and Electric Co.
774-T/5 (f retaliation for raisin,g nuclear safety concerns, allegations such as these should n 1984).
nattern o an issue of technical qualifications or to a Jgnificant hazards consideration. See Metronolitan Edison Co. (Three Mile Island Nuclear Statian, Unit 1), CLI 85-2, NRC 282,327-28 (1985); Duke Power Co.
fatawba Nuclear Power Station, Units 1 and 2K LBF-84-24,19 NRC 1418,1518 n.27,1530-31 (1984);
and Pacific Gas and Electric Co. 20 NRC at 774.
U'nited States Nuclear Regulatory Commission April 16,1991 Attention:
Document Control Desk Page three resources of NHY and N AESCO's technical qualifications will necessarily be at least equal to those of NHY, which qualifications have been previously approved by the NRC and which are not impugned in any manner by the Petition's allegations. Furthermore, the Commission's proposed "no significant hazards consideration" determination in the Operator Amendment proceeding should not be revised simply because allegations, supported only by petitioner's citation to " newspaper and magazine articles", are made with respect to an on going 01 investigativ.. Indeed, the 01 investigation referred to in the Petition was pending when the Staff made its proposed no significant hazards consideration determination. The Petition, which merely restates the known fact of the existence of the 01 investigation, has thereby raised no new information. Thus, the NRC Staff is fully justified in maintaining its position and acting on the pending amendment application based upon the facts available to them when the Notice was published.
NHY reaffirms all of its statements in the Operator Amendment, including its no significant hazards consideration evaluation, and urges the Commission and the S;aff to act expeditiously to issue the requested license amendment effecting the change in operator for Sr.ahook Station.
Very truly;ours, Ted C. Felgenbaum TCF:AMC/ssi cc:
Mr. Thomas T. Martin Rc6 onal Administrator 1
United States Nuclear Regulatory Commission Region 1 475 Allendale Road King of Prussia, PA 19406 Mr. Gordon E. Edison, Sr. Project Manager Project Directorate I-3 Division of Reactor Projects U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Noel Dudley NRC Senior Res,.
Inspector P.O.- Box 1149 Seabrook, NH 03874 Mr. George Iverson, Director N.H. Office of Emergency Management State House Office Park South 107 Pleasant Street Concord, NH 03301
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