ML20196G865

Notice of Consideration of Approval of Application Re Proposed Corporate Merger & Opportunity for Hearing Re Indirect Transfer of FOL NPF-86 to Natl Grid Group PLC as Result of Planned Merger of Natl Grid & Nees

ML20196G865
Person / Time
Site:	Seabrook
Issue date:	06/21/1999
From:	Harrison J NRC (Affiliation Not Assigned)
To:
Shared Package
ML20196G846	List: ML20196G842 ML20196G865
References
NUDOCS 9907010285
Download: ML20196G865 (4)

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l 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NORTH ATLANTIC ENERGY SERVICE CORPORATION. ET AL.

SEABROOK STATION. UNIT 1 DOCKET NO. 50-443 NOTICE OF CONSIDERATION OF APPROVAL OF 1

APPLICATION REGARDING PROPOSED CORPORATE MERGER AND OPPORTUNITY FOR A HEARING

- The U.S. Nuclear Regulatory Cornmission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of Facility Operating License No. NPF-86 for the Seabrook Station, Unit 1 (Seabrook Station), to the extent held by New England Power Company (NEP), one of 11 joint owners of the Seabrook Station. The indirect transfer would be to The National Grid Group plc (National Grid) resulting from the planned merger of National G.id and New England Electric System (NEES), the parent company of NEP.

According to the application by NEP for approval of the indirect transfer, on December 11,1998, NEES entered into an Agreement and Plan of Merger with National Grid, a holding company incorporated in England and Wales. Upon consummation of the merger, 1

NEES will become a wholly-owned indirect subsidiary of National Grid with NEP remaining a E

subsidiary of NEES, thereby effecting an indirect transfer of NEP's interest in the Seabrook

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l Station's Facility Operating License. North Atlantic Energy Service Corporation, the sole licensed operator of the facility, would remain as the managing agent for the 11 joint owners of l

the facility and would continue to have exclusive responsibility for the management, operation 9907010285 990621 PDR ADOCK 05000443 i

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2-and maintenance of the Seabrook Station. The application does not propose a change in the rights, obligations, or interests of the otherjoint owners of the Seabrook Station. In addition, no physical changes to the Seabrook Station or operational changes are being proposed. No direct transfer of the license will result from the proposed merger.

Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, se directly or indirectly, through transfer c0 control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transfer of control will not affect the qualifications of the holder of the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.

The filing of requests for hearing and petitions for leave to intervene, and written comments regarding the license transfer application, are discussed below.

By July 20, 1999

, any person whose interest may be affected by the Commission's action on the application may request a hearing, and, if not the applicants, may petition for leave to intervene in a hearing proceeding on the Commission's action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart M,"Public Notification, Availability of Documents and Records, Hearing Requests and Procedures for Heatings on License Transfer Applications," of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.1306, and should address the considerations contained in 10 CFR 2.1308(a). Untimely requests and petitions may be denied, as provided in e

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, 10 CFR 2.1308(b), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.1308(b)(1)-(2).

Requests for a hearing and petitions for leave to intervene should be served upon Edward Berlin, Esq., and Scott P. Klurfeld, Esq., Swidler Berlin Shereff Friedman, LLP,3000 K Street, NW, Suite 300, Washington, DC 20007-5116, attorneys for New England Power Company; Thomas G. Robinson, Esq., New England Power Company,25 Research Drive, Westborough, MA 01582, attorney for New England Power Company; Samuel Behrends IV, Esq., Mary A. Murphy, Esq., and Yvonne M. Coviello, Esq., LeBoeuf, Lamb, Greene & MacRae, L.L.P.,1875 Connecticut Avenue, NW, Suite 1200, Washington, DC 20009, attorneys for the National Grid Group plc and NGG Holdings LLC; Paul K. Connolly, Jr., Esq., LeBoeuf, Lamb, Greene & MacRae, L.L.P.,260 Franklin Street, Boston, MA 02110, attorney for NGG Holdings LLC; Lillian M. Cuoco, Esq., Senior Nuclear Counsel, Northeast Utilities Service Company,107 Selden Street, Berlin, Connecticut,06037, attorney for North Atlantic Energy Service Corporation; the General Counsel, U.S. Nuclear Regula:ory Commission, Washington, DC 20555 (e-mail address for filings regarding license transfer caces on!y: OGCLT@NRC. gov);

and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.1313.

The Commission wn! Issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be nublished in the FEDERAL REGISTER and served on the parties to the hearing.

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As an altemative to requests for hearing and petitions to intervene, by July 30, 1999, persons may submit written comments regarding the license transfer i

application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and i

Adjudications Staff, and should cite the publication date and page number of this FEDERAL REGISTER notice.

1 For further details with respect to this action, see the application dated March 15,1999, submitted under cover of a letter dated March 15,1999, which are available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the Seabrook Station local public document room located at the Exeter Public Library, Founders Park, Exeter, NH 03833.

Dated at Rockville, Maryland this 21st day of June 1999.

FOR THE NUCLEAR REGULATORY COMMISSION I g i

Wd W

hn T. Harrison, Project Manager, Section 2 Project Directorate i Division of Licensing Project Management i

Office of Nuclear Reactor Regulation