ML20135E506

Responds to to Region III Office Requesting That NRC Notify Centerior Energy Corp That NRC Will Disapprove Any Request Made by Centerior for Transfer of OL Until Centerior Is in Compliance w/960715 Order.Request Denied

ML20135E506
Person / Time
Site:	Perry
Issue date:	12/09/1996
From:	Hopkins J NRC (Affiliation Not Assigned)
To:	Stephen Bell ULMER & BERNE
References
NUDOCS 9612110322
Download: ML20135E506 (1)

Text

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[Dedembhr:9}1996-7 3

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e Steven D. Bell

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i Ulmer & Berne P.L.L.

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Attorneys at Law

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1300 East Ninth Street, Suite 900 M- 'Nl Cleveland, Ohio 44114-1583 q

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Dear Mr. Bell:

'As the Senior Project Manager assigned to oversee activities concerning the Perry Nuclear Power Plant, I. am responding to your letter of September 26, 1996, to Geoffrey Grant of the NRC's Region III office.

In that letter, you requested, on behalf of clients who you do not specifically identify, that the NRC notify Centerior Energy Corporation that the NRC will disapprove any request made by Centerior for a transfer of Centerior's nuclear plant operating licenses unless and until Centerior is in j

full compliance with the Preliminary Order issued by the Secretary of Labor on July 15, 1996, regarding Mr. Owen McCafferty and others.

The NRC staff has reviewed your raquest and we have determined that the request should be denied. The NRC has previously taken enforcement action concerning this issue.

By letter dated October 9, 1996, from A. Beach (NRC) to J. Stetz (Centerior), the NRC issued a notice of violation and proposed imposition of a $160,000 civil penalty. Although we expect to receive an application from Centerior concerning a proposed merger with Ohio Edison Company,_we have not yet received such application. Your letter failed to provide any adequate reason for taking further action with respect to the Department of Labor proceeding, or for delaying or denying approval of any proposed license transfer.

Applications for approval of license transfers are noticed in the Federal Reaisttr, and any license amendments that might be needed are also noticed in the Federal Reaister with a 30 day period provided for public comment.

Comments received in a timely manner are considered during the staff's review of an application.

Sincerely, 1

Original signed by:

gCp Jon B. Hopkins, Sr. Project Manager Project Directorate III-3 Division of Reactor Projects III/IV O

Office 'of Nuclear Reactor Regulation

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Distribution:

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DOCUMENT NAME: G:\\S BELL.LTR

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l DATE 12/b/96 rP 12/(,/96 41 L

11/25/96 12/6/96 12/ h/96 e

i 9612110322 961209 I

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