ML20141G959
| ML20141G959 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry |
| Issue date: | 05/20/1997 |
| From: | Doris Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Hopkins J NRC (Affiliation Not Assigned) |
| References | |
| NUDOCS 9705230109 | |
| Download: ML20141G959 (2) | |
Text
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SHAw, PITTMAN, Porrs & TROWBRIDGE A PAntevenSHir eNOLUDING PROPESSIONAL COMPORATeONS 2300 N STREET. N.W.
1801 f ARM CREDIT DRIVE WASHINGTON. D.C. 20037-1128 McLEAN. VIRGINIA 22102-5004 1
(202) 663-8000 (202) 6 3 8007 LEE BU G G NIA 22076-2721 DAVID R. LEWie (202) 663-8474 May 20,1997 By lland Delivery Mr. Jon B. Ilopkins Senior Project Manager Division of Reactor Projects Ill/lV Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852 Re:
Applications for Concents in Connection with the FirstEnergy Merger Docket Nos. 50-346,50-440,50-334 and 50-412
Dear Jon:
We greatly appreciate your efforts to complete the review of the December 13,1996 application of the Centerier and Ohio Edison companies seeking NRC consents in connection with the FirstEnergy merger. As it is the NRC's practice to limit the effectiveness of a consent order to a specific period of time (subject to extension), we request that such orders for FirstEnergy remain effective until June 30,1998. Specifically, we ask that the order contain the following condition: "Should the transfers not be completed by June 30,1998, this order will become null and void, unless upon application and for good cause shown this date is extended."
We propose June 30,1998 as the latest completion date because, under section 9.l(e) of the merger agreement, the parties may terminate the merger ifit is not consummated by that date. Please note that it is still our ob.;ective and intention to obtain all necessary agency approvals and complete the merger as soon as possible -- hopefully long before this date. We propose June 30,1998 as the latest completion date in the order to serve only as an outer bound which may avoid the need for unnecessary extension requests if there is some M/(h unanticipated delay or impediment to the earlier completion that we are actively pursuing.
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1 SHAW, Pi,TTMAhl, PoTTs & TROWBRIDGE A PARTNERSHIP INCLUDING PROFESSION AL CORPORATIONS Mr. Jon B. Ilopkins May 20,1997 Page 2 i
The June 30,1998 completion date is consistent with recent NRC practice. In an October 18,1996 order consenting to Baltimore Gas & Electric Company's merger with i
Potomac Electric Power Company, the NRC required completion of the transfer by December 31,1997 -- a period in excess of 13 months. &c 61 Fed. Reg. 56714 (Nov. 4, 1996). Similarly, in an October 18,1996 order consenting to the creation of a holding j
company for Pacific Gas & Electric Company, the NRC required completion of the transibr by December 31,1997 -- again a period in excess of 13 months. he 61 Fed. Reg. 55174 (Oct. 24,1996). Thus, we believe that the 13 month window that we are proposing is a j
period which the NRC has found to be reasonable under these and similar circumstances.
i Again, we appreciate your attention to this matter. If you have any questions regarding the window for completion that we have proposed or need any other information to i
complete the consent orders, please call me at 202-663-8474, Roy Lessy at 202-887-4500, or IIenry llegrat at the Perry Plant.
l Sincerely, 1
i David R. Lewis Counsel for Licensees 3
cc:
A. IIansen D. Brinkman S. Ilom, Esq.
M. O'Reilly, Esq.
i D. Feltner, Esq.
R. Lessy, Esq.
- 11. Ilegrat a
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