ML20202E752

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Notice of Consideration of Issuance of Order Approving Under 10CFR50.80,application Re Indirect Transfer of Operating License for Nmpns,Unit 2,to Extend Held by Nyseg
ML20202E752
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 11/26/1997
From: Hood D
NRC (Affiliation Not Assigned)
To:
Shared Package
ML20202E728 List:
References
NUDOCS 9712080134
Download: ML20202E752 (2)


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November 26, 1997 Mr. Sherwood J. Rafferty Senior Vice President and Chief Financial Officer New York State Electric &

Gas Corporation P.O. Box 3287 Ithaca, NY 14852

SUBJECT:

PROPOSED TRANSFER OF CONTROL OF NEW YORK STATE ELECTRIC & GAS CORPORATION'S INTEREST IN NINE MILE POINT NUCLEAR POWER STATION, UNIT NO. 2 (TAC NO. M99662)

Dear Mr. Rafferty:

Your September 18, 1997, letter requested that the U.S. Nuclear Regulatory Commission (NRC) consent to a proposed transfer of control regarding New York S. ate Electric & Gas Corporation's (NYSEG) possessory rights unc'ar the operating license for Nine Mile Point Unit 2.

This transfer of control would be to a holding company, not yet named, to be created over NYSEG in accordance with the executed " Agreement Concerning '.he Competitive Rate and Restructuring Plan of New York State Electric & Gas Corporation" which was forwarded to the NRC by supplemental letters dated October 20 and 27, 1997.

Pursuant to 10 CFR 50.80, we are reviewing the request and have forwarded the enclosed notice to the Office of the Federal Register for publication.

Sincerely, bfA/'

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Darl S. Hood, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket No. 50-410

Enclosure:

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November 26, 1997 PROPOSED TRANSFER OF CONTROL OF NEW YORK STATE ELECTRIC & GAS CORPORATION'S INTEREST IN HINE MILE POINT NUCLEAR POWER STATION, UNIT 2 (TAC NO. M99662)

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Mr. Sherwood Rafferty Nine Mile Point Nuclear Station Unit 2 cc:

Mr. Richard B. Abbott Charles Donaldson, Esquire

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Vice President and General Manager Assistant Attorney General Nuclear New York Department of Law Niagara Mohawk Power Corporation

-120 Broadway Nine Mile Point Nuclear Station New York, NY 10271 P.O. Box 63 Lycoming, NY 13093 Mr. Richard M. Kessel Chair and Executive Director Mr. Carl D. Terry State Consumer Protection Board Vice President 99 Washington Avenue Nuclear Safety Assassment Albany, NY 12210 and Support Niagara Mohawk Power Corporation Mark J. Wetterhahn, Esquire P.O. Box 63 Winston & Strawn Lycoming, NY 13093 1400 L Street, NW.

Washington, DC 20005-350' Ms. Denise J. Wolniak Manager Licensing Gary D. Wilson, Esquire Niagara Mohawk Power Corporation Niagara Moh uk Power Corporation Nine Mile Point Nuclear Station 300 Erie doulevard West P.O. Box 63 Syracuse, NY 13202 Lycoming, NY 13093 Mr. F. William Valentino, President Mr. Kim A. Dahlberg New York State Energy, Research, Vice President-Nuclear Operations and Development Authority Acting Unit 2 Plant Manager Corporate Plaza West r

Nine Mile Point Nuclear Station 286 Washington Avenue Extension P.O. Box 63 Albany, NY 12203-6399 Lycoming, NY 13093 Supervisor Mr. John T. Conway Town of Scriba Vice President-Nuclear Engineering Route 8, Box 382 Nine Mile Point Nuclear Station Oswego, NY 13126 Niagara Mohawk Power Corporation P.O. Box 63 Mr. Richard Goldstnith lycoming, NY 13093 Syracuse University College of Law Regional Administrator, Region I E. I. White Hall Campus U. S. Nuclear Reguletory Commission Syracuse, NY 12223 475 Allendale Road King of Prussia, PA 19406 Mr. John V. Vinquitt, MATS Inc.

P.O. Box 63 Resident Inspector Lycoming, NY 13093 Nine Mile Point Nuclear Station P.O. Box 126 Mr. Martin J. McCormick, Jr.

Lycoming, NY 13093 Vice President-Special Projects Nine Mile Point Nuclear Station P.O. Box 63 Lycoming, NY 13093

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- Mr. Sherwood Rafferty Nine Mile Point Nuclear Station Unit 2 cc:

Mr. Jim Rettberg New York State Electric & Gas Corporction Corporate Drive Kirkwood Industrial Park P.O. Box 5224 Binghamton, NY 13902-5224 Mr. Robert D. Kump, Treasurer New York State Electric & Gas Corporation Ithaca-Dryden Road, P.O. Box 3287 Ithaca, NY 14852-3287 Mr. Taras G. Borkowsky Attorney at Law Huber Lawrence & Abell 605 Third Avenue New York, NY 10158 Mr. Kenneth M. Jasinski Attorncy at Law H'iber Lawrence-& Abell 605 Third Avenue New York, NY 10158 Mr. Samuel Behrends, IV Attorney at Law LeBoeuf, Lamb, Greene & MacRae 1875 Connecticut Avenue, NW Suite 1200 Washington.DC 20009-5728 Mr. B. Ralph Sylvia Executive Vice President Generation Dusiness Group and Chief Nuclear Officer -

NMPC, Nuclear Learning Center 450 Lake Road Oswego, NY. 13126

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UNITED STATES NUCLMBEGULATORY COPHISSION NEW YORK STATE ELECTRIC & GAS CORPORATION DOCKET NO. 50-410 NINE MILE POINT NUCLEAR STATION. UNIT NO. 2 Notice is hereby given that the U.S. Nuclear Regulatory Comission (the Comission) is considering the issuance of an Order approving, under 10 CFR 50.80, an application regarding an indirect transfer of the operating license for Nine Mile Point Nuclear Station, Unit No. 2 (NMP2), to the extend held by New York State Electric & Gas Corporation (NYSEG). The transfer would be to a holding company, not yet named, to be created over NYSEG in accordance with an executed " Agreement Concerning the Competitive Rate and Restructuring Plan of New York State Electric & Gas Corporation" forwarded by letters dated October 20 and 27, 1997.

NYSEG is licensed by the Comission to own and possess an 18 percent interest n NMP2.

By application dated September 18, 1997, NYSEG informed the Comission of a proposed corporate restructing under which NYSEG would become a subsidiary of a newly formed holding company. The outstanding shares of NYSEG's comon stock (other than shares for which appraisal rights are properly exercised would be exchanged on a share-for-share basis for comon stock of the holding company, such that the holding company will own all of the outstanding comon stock of NYSEG. Under this restructuring, NYSEG would divest its interest in coal-fired power plants, but would continue to be an "t'ectric utility" as defined in 10 CFR 50.2 engaged in the transmission, distribution.and, in the cese of NMP2 and hydroelectric facilities, the generation of electricity. NYSEG would retain its ownership interest in NMP2 and continue to be a licensee of NMP2.

No direct transfer of the operating

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license or ownership interests in NMP2 will result from the proposed restructuring. The transaction would not involve any change to either the management organization or technical personnel of Niagara Mohawk Power Corporation, which is responsible for operating and maintaining HMP2.

Pursuant to 10 CFR 50.80, the Comissea may approve the transfer of control of a license after notice to intarested persons. Such approval is contingent upon the Commission's determination that the holder of the license following tie. transfer is qualified to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders of the Comission.

For further details with respect to this proposed action, see the NYSEG application dated September 8,1997, as supplemented October 20 and 27,1997.

These documents are available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, DC, and at the local public document room located at the Penfield Library, State University of New York, Oswego, New York 13126.

Dated at Rockville, Maryland this 26 day of November 1997.

FOR THE NUCLEAR REGULATORY COMMISSION Darl S. Hood, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear P,eactor Regulation