ML20151X202
| ML20151X202 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities  |
| Issue date: | 09/10/1998 |
| From: | Lessy R AKIN, GUMP, STRAUSS, HAUER & FELD (FORMERLY AKIN |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20151X185 | List: |
| References | |
| AL-96-02, AL-96-2, NUDOCS 9809160310 | |
| Download: ML20151X202 (2) | |
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AKIN, GUMP, STRAUSS, hAUER & FELD, L.L.P.
ATTORNEYS AT LAW BRUSSELS A HEOISTERED UMITED WABlWTY PARTNERSHIP DAU.AS INCLUDINO PROFESSIONAL CORPORATIONS STON I 333 NEW HAMPSHIRE AVENUE. N.W.
SUITE 400 Los ANoELES Moscow WASHINGTON. D.C. 20036 NEW YORK (202)887 4000 l
PNILADELPMLA FAX (202) 887-4288
$AN O
WWW akingump Com WRffER'S E MAIL ADDRESS Riessy@akingump.com Roy P. Lessy. Jr.
(202) 887-4500 September 10,1998 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555-0001 Quad Cities Nuclear Power Station Unites 1 and 2 Facility Operating License Nos. DPR-29 and DPR-30 NRC Docket Nos. 50-254 and 50-265
Subject:
Proposed Indirect Transfer of Control Involving Facility Operating License Nos. DPR-29 and DPR-30, Pursuant to 10 C.F.R. 50.80 Ladies and Gentlemen:
Pursuant to Section 184 of the Atomic Energy Act, as amended,10 C.F.R. @ 50.80 and NRC administrative letter 96-02, MidAmerican Energy Company, a non-operating twenty-five percent (25%) owner of the Quad Cities Nuclear Power Station, Units 1 and 2 (" Quad Cities"),
supported by Commonwealth Edison Company, the licensed operator and remaining seventy-five (75%) owner of Quaa Cities, request the consent of the Nuclear Regulatory Commission
("NRC") for the indirect transfer of control of all of MidAmerican Energy Company'e possessory interests in the Quad Cities licenses that will occur as a result of a merger transaction briefly described as follows.
By Agreement and Plan of Merger dated as of August 11,1998, CalEnergy Company, Inc. (hereinafter "CalEnergy") a Delaware Corporation based in Omaha, Nebraska, agreed to acquire MidAmerican Energy Holdings Company, an Iowa Corporation and the parent company of MidAmencan, the NRC non-operating owner and licensee, for $27.15 a share in cash or $2.65 billion. By the attached Application, CalEnergy and MidAmerican, with the support of Comed, are requesting the consent of the NRC, pursuant to 10 C.F.R. { 50.80, for the indirect transfer of all of MidAmerican's interest in the Quad Cities licenses to MidAmerican, as a wholly-owned 9009160310 990910 PDR ADOCK 05000254 p
i subsidiary of CalEnergy. As described in the Application, MidAmerican, an " electric utility", in accordance with 10 C.F.R. 50.2, will remain as the NRC licensee, but will become a wholly-owned subsidiary of CalEnergy.
The Applicants request NRC review of this application and the issuance of a 10 C.F.R. 50.80 consent letter by the NRC va an expedited basis. The Applicants and CalEnergy, believe that the NRC should be able to consent to the indirect transfer of control occasioned by the proposed merger, since the merger will have no adverse affect on either the technical management or operation of Quad Cities; will not require an antitrust review inasmuch as Quad Cities is a " grandfathered" plant for antitrust review purposes pursuant to 104(b) of the Atomic Energy Act of 1954, as amended; and there are no radiological nor non-radiological environmental impacts resulting from the proposed action.
If there are any questions or if any additional infonnation is required, please contact the counsel designated below, Mr. Roy P. Lessy, Jr. at (202) 887-4500, or Mr. Bob Rybak of Comed, so designated in the attached separate transmittal letter of Comed.
Very t ly y urs, Roy. Lessy, Jr Merrill L. Kramer, P.C.
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
1333 New Hamphiie Avenue, N.W., Suite 400 Washington, D.C 20036 (202) 887-4500 2