ML20196L125

Forwards Application for Amend to License NPF-1 for Indirect Transfer of License,To Extent That Such Approval Required Solely to Reflect Change in Upstream Economic Ownership of Pacificorp

ML20196L125
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	05/24/1999
From:	Murphy M External (Affiliation Not Assigned), LEBOEUF, LAMB, LEIBY & MACRAE
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20196L128	List: ML20196L125 ML20196L131
References
NUDOCS 9905260212
Download: ML20196L125 (4)

Text

F 1

e L

5 i

LEBOEUF, LAMB, GREENE & MACRAE L.L.P.

A LIMITED LIA9tLITY PARThER&MiP iMCLUDING PROFES$10NAL CORPORAf TONS I

NEW YORK 1875 con N ECTICUT AVENUE.N.W.

LOS ANGELES

{

" ^""

r ASH GTON WASHINGTON. DC 20009-5728 PiTTSsuRGH

~

(2G2) 986-8000 PORTLAND.OR TELEX: 440274 F AC SIMIL E: (202)986-8102 HARRISBURG BRUSSELS PARIS HARTFORD WRITER'S DIRECT DIAL:

MOSCOW H2USTON JACKSONVILLE ALMATY LONDON uutrie. AtiONTt'P A" row"E EPS May 24, 1999

,,,g0 P A u t o T AV ARE S OUE R81LIRD ADVOGADOS Via Hand Deliv_qn Nuclear Regulatory Commission Document Control Desk 11555 Rockville Pike Rockville, MD 20852 Re:

Application of PacifiCorp for Transfer of License No. NPF-1(Docket No. 50-344)

Gentlemen and Ladies:

Enclosed for filing, pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, and Section 50.80 of the Commission's Rules, 10 C.F.R.

S 50.80 (1998), and to the procedures described in 10 C.F.R. Part 2, is an original and five copier of the above-referenced Application.

PacifiCorp seeks approval for the indirect transfer of its non-operating Trojan :icense, to the extent that such approval is required solely to reflect a change in upstream i

economic ownership of PacifiCorp.

PacifiCorp is a minority, non-operating ownership licensee of the Trojan nuclear facility i

located in Columbia County, Oregon; it owns a 2.5% interest.

Trojan is permanently shut down and is in the later stages of decommissioning its radioactive components.

On December 6,

1998, ScottishPower, NA General Partnership ("ScottishPower") and PacifiCorp entered into an Agreement and Plan of Merger.

In accordance with the Agreement, upon the closing of the transaction, an indirect wholly-owned subsidiary of ScottishPower will merge with and into PacifiCorp.

Pacificorp will continue as the surviving corporation.

By virtue of the transaction, PacifiCorp will become an indirect, wholly-owned subsidiary of 9905260212 990524 "

h PDR ADOCK 05000344

[

P PDRL s

(

-k

(, Nc (Nuclear Regulatory Commission MayL24,.1999~

Page 2 ScottishPower, but it will' maintain'its status as a U.S. entity, domiciled in the United. States and subject to all applicable laws of the United States.

A copy of the Merger Agreement is attached as Exhibit E.

The proposed merger between-Pacificorp and ScottishPower will not have any effect on the decommissioning, personnel, financial status, physical condition, environmental effects or. control of Trojan. -No license is being transferred

]

and PacifiCorp will remain the licensee.

In order to assure that the change in the upstream economic ownership of the licensee is consistent with any' restrictions-governing foreign ownership, i

control 1 or' domination, PacifiCorp has terminated its right to

~

appoint representatives to the Engineering and Operating i

Committees, it has terminated its right to go on the plant site.

{

A copy of the First Amendment to Agreement for Construction Ownership and Operation is attached as Exhibit G.

PacifiCorp also has committed to create a Special Nuclear Committee of the Board of Directors (Nuclear Committee).

The Nuclear Committee shall consist of entirely U.S. citizens and will have sole

~ discretion over all nuclear issues with three exceptions, which are' unrelated to the operations of PacifiCorp.

A copy of PacifiCorp's amended bylaws, which create the Nuclear Committee, are: attached.as Exhibit I.

Commission approval of this j

Application is-entirely consistent with precedent and the recently issued Standard Review Plan on Foreign Ownership, Control-or Domination in Secy-98-246, which1was' noticed in the Federal Register on March 11, 1999.

As demonstrated in the' Application, approval of the transfer of control is consistent with Commission precedent and satisfies all current criteria established by the Commission.

Therefore, PacifiCorp respectfully requests that the Commission approve this Application without modification or condition.

PacifiCorp requests that the Commission grant approval promptly, as contemplated by the Commission's recent rules.

1 l

8

(L s.

r i.

. Nuclear Regulatory-Commission' i

May-24, 1999

.Page.3 If you have any questions regarding this Application, please contact the undersigned at -(202) 986-8021 or at.the mail address:

LeBoeuf, Lamb; Greene & MacRae',

L.L.'P.,

1875

. Connecticut Avenue,.N.W.,-Suite 1200, Washington, D.C. 20009.

z Respectfully submitted, A. h pb w

k Mary A. Murphy Attorney for PacifiCorp Enclosures cc:. Robert S. Wood Senior Ivvel Licensee-Financial Policy Advisor Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11555 Rockville Pike

'Rockville, MD 20852 Lawrence J. Chandler Associate General Counsel.

U.S. Nuclear Regulatory Commission 11555'Rockville Pike Rockville, MD 20852 Steven Hom Office'of General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Tim Kobetz U.S. Nuclear Regulatory Commission

.11555 Rockville Pike

'Rockville, MD 20852-2738'

+

4i

-i,..

c:

1 A.

Nuclear Regulatory Commission May 24, 1999 Page 4 John R.

Cook U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Lee H. Thonus U.S. Nuclear Regulatory Commission Three Mile Island Post Office Box 480 Middleton, PA 17047 Vince Everett U.S. Nuclear Regulatory Commission Harris Tower and Pavilion 611 Ryan Plaza Drive, Ste. 400 Arlington, TX 76011-8064 Ellis Mershoff Regional Advisor.- Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Ste. 400 Arlington, TX 76011

....._a