ML20085K948
| ML20085K948 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 06/08/1995 |
| From: | Russell W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | ENTERGY OPERATIONS, INC. |
| Shared Package | |
| ML20085K915 | List: |
| References | |
| NUDOCS 9506280195 | |
| Download: ML20085K948 (4) | |
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7590-01 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0lWISSION In the Matter'of
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_ Docket No. 50-458 GULF STATES UTILITIES
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(License No. NPF-47)
ENTERGY CORPORATION
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ENTERGY OPERATIONS, INC.
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(River Bend Station, Unit 1)
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4 ORDER APPROVING TRANSFERS AND NOTICE OF ISSUANCE 0F LICENSE AMENDHENTS 1.
On November 20, 1985, pursuant to 10 CFR part 50, License'No. NPF-47 was issued, under which Gulf States Utilities Company (GSU) is authorized to operate and hold a 70 percent ownership share in River Bend Station,' Unit 1 J
(River iend), which is located in West Feliciana Parish, Louisiana.
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In June 1992, GSU and Entergy Corporation (Entergy) entered into an
. agreement providing for the combination of the businesses of their companies.
In accordance with the merger plan, GSU, following the merger, will continue to operate as an electric utility, but as a subsidiary of a new holding company to be named Entergy Corporation, with its electric operations fully integrated with those of the Entergy System.
Upon consummation of the proposed business ~ combination and subject to the receipt of the necessary approvals, Entergy Operations Inc. (E01), on behalf of the owners, will assume operations and managerial responsibility for River Bend.
9506280195 950608 i
PDR ADOCK 05000458 P
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, III.
l To implement the business combination, GSU applied to the U. S. Nuclear Regulatory Commission (NRC) for two license amendments to license NPF-47, by two letters dated January 13, 1993, as supplemented by later filings. Under these requested license amendments, the license would reflect the transfer of ownership of GSU to become a wholly-owned subsidiary of Entergy as a result of a merger between GSU and Entergy, and control over the operation of River Bend would be transferred from GSU to E01, another wholly-owned subsidiary of Entergy. Notice of these applications for transfer and proposed no significant hazards consideration determinations were published in the Federal Reaister on July 7, 1993 (58 FR 36435 and 58 FR 36436).
IV.
i This Order was originally issued on December 16, 1993.
By order dated March 14, 1995, the Court of Appeals for the D.C. Circuit ordered that the two orders for 1) the merger of Gulf States Utilities and Entergy and 2) the operation of River Bend Station by E01 be vacated and the case remanded to the NRC.
V.
The transfer of rights under license NPF-47 is subject to the NRC's approval under 10 CFR f 50.80.
Based on information provided by GSU and Entergy, and other information before the Commission, it is determined that the proposed transfer of the control of operations of River Bend from GSU to E01, and the proposed transfer of ownership of GSU to Entergy, subject to the conditions set forth herein, are in the public interest and are consistent with the applicable provisions of law, regulations and orders issued by the
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i Commission. Tiiase actions were evaluated by the staff as documented in Safety Evaluations, dated December 16, 1993, which contain final no significant j
hazards consideration determinations. The conditions of the transfer, to l
which GSU has not objected, are:
2.C.(3)
Antitrust Conditions t
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GSU shall comply with the antitrust license conditions l
i set forth in Appendix C, attached hereto and i
incorporated in this license.
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b.
E01 shall not market or broker power or energy from j
River Bend Station, Unit 1.
GSU is responsible and accountable for the actions of its agent, E01, to the extent said agent's actions affect the marketing or
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brokering of power or energy from River Bend Station, f
t Unit I and, in any way, contravene the antitrust conditions of this_ paragraph or Appendix C of this j
i license.
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2.0.(16)
Meraer Related Reports GSU shall inform the Director, NRR:
a.
Sixty days prior to a transftr (excluding grants of security interests or liens) from GSU to Entergy or any other entity of facilities for the production, i
transmission or distribution of electric energy having a depreciated book value exceeding one percent (1%) of I
l o.. GSU's consolidated net utility plant, as recorded on GSU's books of account.
b.
Of an award of damages in litigation initiated against GSU by Cajun Electric Power Cooperative regarding i
River Bend within 30 days of the award.
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VI.
Accordingly, pursuant to sections 103, 105, 161b, 1611, and 187 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201 et seq. and 10 CFR Part 50, IT IS HEREBY ORDERED that the transfers to Entergy Corporation.and Entergy Operations Inc., discussed above, are approved, and NOTICE IS GIVEN-that license amendments providing for the transfer of control of operation of River Bend to E01, subject to the license conditions set out and herein, and the transfer of ownership of GSU to Entergy are issued, effective immediately.
FOR THE NUCLEAR REGULATORY COMMISSION William T. Russell, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 8th day of June 1995.