ML20128M445

Informs That Hiatt 850710 Request Directing Applicants to File Rept of Proposed Merger Unrelated to Issues Pending Before Aslb.Assumption That Proposed Merger Will Escape Review Incorrect.Related Correspondence

ML20128M445
Person / Time
Site:	Perry
Issue date:	07/23/1985
From:	Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Bright G, Gleason J, Kline J Atomic Safety and Licensing Board Panel
References
CON-#385-924 OL, NUDOCS 8507250310
Download: ML20128M445 (2)

Text

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p@fod UNITED STATES 0 oq i% NUCLEAR REGULATORY COMMISSION j ,,ik. L i W ASHINGTON, D. C. 20555 mMD U%RC Q.e# ...*

'85 JUL 24 NO:34 July 23, 1985 CFF!CE Or SECRLIAh?

DOCKET!NG & SERVICf.

BRANCH James P. Gleason, Chairman Dr. Jerry R. Kline Administrative Judge Administrative Judge 513 Gilmoure Drive Atomic Safety and Licensing Board Silver Spring, MD 20901 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Glenn 0. Bright Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.

(Perry Nuclear Power Plant, Units 1 and 2)

Decket Nos. 50-440 OL, 50-441 OL

Dear Administrative Judges:

The Staff has received a copy of a July 10, 1985 letter from Ms. Hiatt to the Board requesting the Board to direct the Applicants to file a complete report of a proposed merger between Cleveland Electric Illuminating Company and Toledo Edison Company. OCRE states that the portions of the SER (6 13 and 17) concerning Applicants' operational structure are now invalid and there is cause for concern over a possible change in management for the Perry plant. The Staff wishes to point out that this matter is entirely unrelated to any issue pending before the Board and that, in any event, Ms. Hiatt errs in her assumption that the proposed merger will escape any NRC review.

Ms. Hiatt and (ii) andmay(have overlooked the requirement in 10 CFR Q 50.34(b)(6)((i cerning their organizational and management structure in the Final Safety Analysis Report. Although the proposed merger of which you were notified by Mr. Glasspiegel's recent letter, is in the initial planning stages, any change in information must be submitted to NRC for review and evaluation .

in an SER sulplement.

i Finally, Ms. Hiatt also overlooks the fact that the Commission must find in accord with 10 CFR 6 50.57(a)(4), that the Applicant is qualified to engage in the activities authorized by an operating license 272;og gygo G '

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2-in accordance with the Comission's regulations. Therefore, Ms. Hiatt-mistakenly asserts that the proposed merger in question will occur without Comission evaluation to the detriment of the management of the Perry facility.

Sincerely, in Colleen P. Woodhead Counsel for NRC Staff cc: Service list t

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