ML20081A257

Amend 51 to Application for OL Transferring 0.41259% Ownership Share from Vermont Electric Cooperative,Inc to Vermont Electric Generation & Transmission Cooperative,Inc

ML20081A257
Person / Time
Site:	Seabrook
Issue date:	10/03/1983
From:	Johnson V PUBLIC SERVICE CO. OF NEW HAMPSHIRE
To:	Office of Nuclear Reactor Regulation
Shared Package
ML20081A224	List: ML20081A222 ML20081A257 ML20081A280
References
SBN-567, NUDOCS 8310260201
Download: ML20081A257 (6)

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L Public Service of New Hampshire October 3, 1983 SEN-567 United States Nuclear Regulatory Commission -

Directorate of Licensing Office of Regulation Washington, D. C. 20045 Attention: Director Re: Amendment 51 to License Application Dated

• March 30, 1973 (Docket Nos. 50-443 & 50-444) and Request for Partial Transfer pf Construc-

, tion Permits Nos. CPPR-135 and CPPR-136 -

Gentlemen:

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Pursuant to the Atomic Energy Act of 1954, as amended, and the Commis,sion's Rules and Regulations thereunder, Public Service Company of New Hampshire ("PSCo"), on behalf of itself and the other licensees named in the above Construction Permits, hereby amends the License Application filed on March 30, 1973, as heretofore amended and

, supplemented, and, pursuant to 10 CFR S 50.80, requests Commission approval of the partial transfer described below of the above Construction Permits as heretofore amended. In support hereof, the Applicants supply the following information:

8310260201 831017 PDR ADOCK 05000443 A PDR -

i mhaneMO31669-4000 TWX71O2207595 _

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A. Requested Modifications of Construction Permits The transfer by Vermont Electric Cooperative, Inc. of its entire 0.41259% Ownership Share to the Vermont Electric Generation & Transmission Cooperative, Inc. (VEG&T).

B. Supportine Material In support of this request for partial transfer, the Applicants submit that the Agreement for Joint Ownership, Construction and Operation of New Hampshire. Units, dated May 1,.1973 (initially filed in License Application, Amendment 14--the " Joint ownership Agreement"), pr'ovides in Paragraph 23 that "any Participant may at any time sell all or any portion of its ownership Share" upon certain conditions. ,

In further support of the request for the requested -

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transfer, the following information is supplied herewith:

1. Twenty-five copies of additional information relating to Vermont Electric Generation &

Transmission Cooperative, Inc. pursuant to 5 50.33 of' the Commission's Rules and Regulations. VEG&T is a " generation and transmission" cooperative organized and operating under the Rural Electrification Act; as s.uch it is entitled to finance 100% of its capital needs through the Rural Electrification Administration (REA). VEG&T was formed by Vermont Electric Cooperative, Inc. (VEO) in 1979 pursuant to special legislation enacted in 8

e Vermont to allow for formation of such cooperatives in order to permit VEC to transfer its generation interests to an entity. This move was prompted by an earlier change in,.REA policy which required distribution cooperatives, like VEC, to obtain part of their long-term capital needs from the private sector but permitted "G&T" cooperatives to continue financing through REA. Therefore, this transfer permits the members of VEC to continue to obtain the benefits of Seabrook participation. See attached Decision and Order of the Vermont Public Service Board, Docket No. 4786, for discussion of the  :

savings. ,

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With respect to the "Information requected by the  :

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Attorney General for Anti-Trust Review" (10 CFR S 50.33a and Part;50, Appendix C), the Applicants submit that no further advice from the Department of Justice is required (i) because the transfer is in form only and no real substantive change in ownership is occu'rring and (ii) because the interest being nominally transferred is de minimis.

3. With respect to VEG&T's technical qualifications, reference is made (1) to the Joint Ownership Agreement which vests total responsibility for construction and operation in PSCo, and (ii) to the i

information in the PSAR.and in the hearing record i

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I (N.B., TI. 4069-4216), all of which information supported the findings of the Atomic Safety and Licensing Board (see Initial Decision, pp. 21-23, 150-153 and 199) and none of which is in any way altered by the proposed reallocations.

C. General .

This amendment and request (three signed originals, under oath, and twenty-two copies) is being/ submitted by ,

PSCo o,n behalf of all the current participants in the project. Copies of the Appointment of Agent forms authorizing PSCo to act on behalf of the participants have been previously filed in the above dockets; a new form on behalf of VEG&T is attached hereto. ,

The transfer'herein requested will in no way affect the -

provisiens of the Joint Ownership Agreement, which vest responsibility for the operation and control of the project in PSCo, the lead participant, .nor in any way affect the

design of the facility. Accordingly, the proposed transfer does not raise any issues with respect to safeguards against

hazards from radioactive materials (10 CFR 50.80(b)) or any alteration of a licensed facility or significant hazards consideration (10 CFR $ 50.91).

Pursuant to 10 CFR S 50.80(b), the Applicants confirm their agreement that they will not permit any individual to have access to any Restricted Data until the Civil Service Commission shall have made an investigation and reported to

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the Nuclear Regulatory Com..ission on the character, associations and l$yalty of such individual and the Nuclear' Regulatory Commission shall have determined that permitt,Ang such individual to have acce,ss to Restricted Data will not endanger the common defense and security.

The Applicants submit that VEG&T is qualified to be a holder of an Ownership Share in the Seabrook Project under the Construction Permits and that the transfer would be .

consistent with applicable provisions of law, regulations and orders of the Commission.

Respectfully submitted,

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PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE l By  ;

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W. P. J nnson Vice P esident-4 O

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o COMMONWEALTH OF MASSACHUSETTS)

)ss MIDDLESEX COUNTY )

Then personally appeared before me, W. P. Johnson, who, being duly sworn, did state that he is a Vice President of Public Service Company of New Hampshire, that he is duly authorized to execute and file the foregoing amendment and request in the name and on behalf of Public Service Company of New Hampshire, and that the statements therein are true  :

to the best of his knowledge and belief.

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A. g @ dre, J Notary Public

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My Commission Expires August 5, 1988 -

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