ML20206L895

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Notice of Proposed Amend to License NPF-62,reflecting Merger of Soyland Power Cooperative,Inc & Western Illinois Power Cooperative,Inc & Request for Comments on Antitrust Issues
ML20206L895
Person / Time
Site: Clinton 
Issue date: 11/22/1988
From: Muller D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20206L891 List:
References
A, NUDOCS 8811300295
Download: ML20206L895 (3)


Text

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NU. 50-461A CLINT0h POWER STATION PROPOSED LICEN) M iENDMENT MCMER OF Lt.:EN*EFS SOYLAND POWER COOPERATIVE, INC. AND WESTERN ILLINDIS PNER COOPERATIVE. INC.

RE0 VEST FOR COMMENTS ON ANTITRUST ISSUES By application dated November 2, 1988, Illinois Power Company (IP) requested that Operating License NPF-62 for the Clinton Power Station (CPS) be amended to reflect a change in ownership interest in CPS. The change in ownership in-terest would result from the proposed merger of Soyland Power Cooperative, Inc.

(Soyland) and Western Illincis Power Cooperative, Inc. (WIPCO), the two minority owners of CPS. The surviving entity resulting from the merger will be called Soyland Power Cooperative, Inc. and will own slightly less than 15% of CPS--an ownership share identical to the corrbined interests of Soylano and WIPCO.

IP, WIPC0 and Soyland are currently the only licensees for CPS. The merger of WIPCO and Soyland will not result in the transfer of any interest in the license to an entity no' currently a CPS licenset. Soyland will assume full responsi-bility for all CPS obligations currently being discharged by WIPCO. The pro-posed license amendment will not change IP's ownership share of CPS, nor will it change IP's comitments related te, capital and operating and maintenance costs, and it will not affect :P's role as project manager for CPS.

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Pu suant to 10 CFR 50.90 of the Comission's Rules and Regulations and Section 105c of the Atomic Energy Act, as amended, the staff is publishing notice of receipt of the proposed amendment and requesting comments on its competitive impact. A copy of the application for amendment has been forwarded to the Attorney General for his review and coment. Moreover, a copy of the application for amendment will be available for public inspection in the local i

public document room at the Vespasian Warner Public Library,120 West Johnson i

Street, Clinton, Illinois 6172' and at the Comission's Public Document koom at j

2120 t. Street, N.W., Washingten, D.C.

20555.

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l Any person who wishes to express views pursuant to antitrust issues that may be raised by this amendt. ant request, should submit said views within 15 days from the initial publication of this notice in the Federal Register to the U.S.

I Nuclear Regulatory Comission, Washington, D.C.

20555; Attention:

Chief, Policy Development and Technical Support Branch, Office of Nuclear Reactor j

Regulation.

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Dated at Rockville, Maryland, this 22nd day of November,1988.

FOR THE NUCLEAR REGULATORY COMMISSION

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l Daniel R. Muller, Direct:

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Pursuant to 10 CFR 50.90 of the Connission's Rules and Regulations and Section 105c of the Atomic Energy Act, as amended, the staff is publishing notice of receipt of the proposed amendment and requesting connents on its competitive impact. A copy of the application for ir ndment has been forwarded to the Attorney General for his review and connent. Moreover, a copy of the application for amendment will be available 1:e public inspection in the local public document room at the Vespasian Warner Public Library,120 West Johnson Street, Clinton, Illinois 61727 and at the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C.

20555.

Any person who wishes to express views pursuant to antitrust issues that may be raised by this amendment request, should submit said views within 15 days from the initial publication of this notice in the Federal Register to the U.S.

Nuclear Regulatory Connission, Washington, D.C.

20555; Attention: Chief, Policy Development and Technical Support Branch, Office of Nuclear Roactor l

Regulation, Dated at Rockville, MaryM, this 22nd day of November,1988.

FOR THE NUCLEAR REGULATORY COMMISSIO:

Daniel R. Maller, Director project Directorate III-2 Office of Nuclear Reactor Regulation

U-601295 L47-88( 11-02 )-LP IA.120 llLINDIS POWER 00MPANY DPH-0931-88 November 2, 1988 10CTR50.90 Docket No. 50-461 Document Control Desk U. S. Nuclear Regulatory Commission Washington, D.C.

20553 Subj ect :

Clinton Power Station Request for Amendment to Facility i

Operating License NPF-62 Dear Sir Pursuant to 10CTR50.90 Illinois Power Company (IP) hereby applies for an amendment to Facility Operating License NPF-62 Clinton Power Station (CPS).

IP requests a change to the Operating License to reflect an adjustment to the ownership interests in CPS which will occur when Soyland Power Cooperative (Soyland) =c ges with Western Illinois Power Cooperative (WIPCO) and WIPCO ceases to exist as a staarate entity.

Attach =ent I to this letter contains an affidavit' supporting the facts set forth in tnis letter.

Description of Proposed Change Two pages of the CPS O erating License will require revision to reflect the merger of So land and WIPCO.

This revirion will consist cf removing the references to WIPCO indicated in,

Justification for Proposed Change Soyland and WIPCO are minorit ownership share of less than 152. y owners of CPS with a combined Along with IP, WIPCO and Soyland are currently licensees for CPS: as a result, the merger, of WIPCO and Soyland v.111 not result in the transfer of the license to any entity not currently a licensee for CPS.

Soyland will assume full responsibility for all CPS obligatiens currently being discharged by WIPCO.

The proposed license amendment will not change the share of ownership t1at IP has in CPS, will not change IP's consniements related to capital and operating and maintenance costs, and will not affect IP's role as project manager.

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U-601295 L47-88(1142 ).Lp 1A.120 Due to the administrative nature of this change IP, Soyland and WIPCO believe that there are no cocmon defense an,d security, public health and safety, environmental or antitru considerations standing in its way and therefore request that the Co= mission approve the amendment and make it effective upon co=pletion of So January 1,1989.yland's merger with WIPCO scheduled to occur on Because of the timing of the merger, the CPS licensees respectfully request that the Commission give expedited consideration to this request and grant the amendment prior to December 31, 1988.

In support of this request, copies of the most recent financial statements from Soyland and WIPCO are provided in.

A copy of the agreement under which Soyland's merger with VIPCO will take place and a description of the financial structure of Soyland following its merger with WIPCO are also provided in Attachment 3.

In addition, co most recent Securities and Exchange Commission 8-K, pies of IP's 10-Q, and 10-K forms and a copy of IP's most recent Annual Report are provided in Attachment 4.

Basis for No Significant Hazards Consideration According to 10CFR50.92, a proposed change to the Operating License involves no significant hazards consideration if operation of the facility in accordance with the 7rooosed change would not (1) involve a significant increase in tTe probability or consequences of an accident previously evaluated. (2) create the possibility of a new or different k'.nd of accident from any accident previously evaluated, or (3) involve a significant reduction in a margin of safety.

The -smendment requested herein is administrative in nature and involves only the merger of two minority owners that are already licensees.

The merger vill in no way affect the provisions of the CPS Ownership Participation Agreement with respect to operation and control of CPS, nor will it in any way affect the design or construction of the facility.

1)

The proposed amendment does not involve a significant increase in the probability or consequences of an accident previoutly e"aluated because it revises the Operating License to indicate the merger of two minority owners that are already licensees.

This revisicn represents an administrative change, and therefore has no impact on accidents previously evaluated.

2)

The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated because IP will continue to act as the project manager for CPS, therefore, no change to the plant's physical configuration, or the plant operating philorophy will result from this proposed amend =ent.

(2)

l U-601395 L4 7-88 ( 11-02 )-LP I

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The proposed amendment does not involve a significant reduction in the margin of safety because this is an administrative change and it will have no impact on any margin of safety.

The prolosed amendmant therefore does not involve a significant hazards consideration.

General IP has reviewed the proposed amendment to the Operating License against the criteria of 10CTR51.22 for environmental cotisidera tion s.

The pro significanthazardscons$osedchangesdonotinvolvea deration, do not significantly increase l

the types and amounts or change the types of effluents that may be released offsite, nor do they significantly increase individual or cumulative occupational radiation exposures.

Based on the foregoing, IP concludes that the proposed Operating i

License amendment meets the criteria given in 10CFR51.22(e)(9)

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for categorical exclusion from the requirement for an Environmental Impact Statement.

In accordance with 10CTR50.30 and 10CFR170.12, one signed original of this application is enclosed alon with a $150 filing fee.

In addition, pursuant to 10CFR50.91(b)( ),

a copy of this request for amendment has been sent to the Illinois Department of i

Nuclear Safety.

Sincerely yours, l

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D.

a1 Vice President l

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i Enclosures 4

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Regional Administrator, Region III USNRC I

NRC Clinton Licensing Project Manager NRC Resident Office Illinois Department of Nuclear Safety l

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Att chment I to U-601295 STATE OF ILLINOIS COUNTY OF DEWITT DONALD P. HALL, Being first duly sworn, deposes and says:

That he is Vice President of Illinois Power Company: that the provided information has been prepared under his supervision and directions that he knows the contents thereof and that to the best of his knowledge and belief said request and the facts contained therein are true and cotreet.

DATED:

This b day of November 1988 Signed:

7orfald F. Hall Subscribed and sworn to before ce thi M day of November 1988.

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A-Al J

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Notary Public i

WTCAL SEAL' Linda S. French hetary Pupc,51sw of im Wy Cowamen Emros 9/1/12

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to U-601295 Pago 1 of 2 4.e assg),

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UNITE D STATES NUCLEAR REGULATORY COMMISSION J

t1 Alm NG TO N, D. C. 20555 e

  • oo,,e Ill.IN0!$ POWER COMPANY

$0YLAND POWER COOPERATIVE, INC.

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^!, 9 DOCKET h0. 50-461 CLINTON F0WER STATION, Uh!T NO. 1 FACILITY OPERAT]h5 LICENSE License No. NPF-62 1.

The Nuclear Regulatory Comission (the Comission or the NRC) has found that:

A.

The application for license filed by Illinois Pcwer Company * (IP),

acting on behalf of itself and as agent for Soyland Power Cooperative, Inc.

!J': *: r ::.;.nt'n, ::,f-T11censees) complies

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with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Comission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.

Construction of the Clinton Power Station, Unit No.1 (the facility) has been substantially completed in confomity with Construction Pemit No. CPPR-137 and the application, as amended, the provisions of the Act and the regulations of the Comission; C.

The facility will operate in confonnity with the application, as amended, the provisions of the Act, and the regulations of the Comission (except as exer.pted from compliance in Section 2.D.

below);

D.

There is reasonable assurance: (1)thattheactivitiesauthorizedby this operating license can be conducted without endangering the dealth and ;afety of the public; and (ii) that such activities will be conducted in compliance with the Comission's regulations set forth in 10 CFR Chapter I (except as exeepted from compliance in Section 2.0.

below);

E.

Illinois Power Company is technically qualified to engage in the activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter 1; F.

The licensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreseents,"

of the Comission's regulations;

' Illinois Fower Company is authorized to act as agent for Soyland Power Cooperative, Inc. J U.C "..

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!...' and has exclusive responsibility and control over the physical construction, operation and maintenance of the facility.

to U-601295 Pago 2 of 2

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The issuance of this license will not be inimical te'the comon defense and security or to the health and. safety of the public; H.

After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. NPF-62, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Comission's regulations and all applicable requirements have been satisfied; and I.

The receipt, possession, and use of setree, byproduct and special nuclear material as authorized by this license will be in accordance with the Comission's regulations in 10 CFR Parts 30, 40, and 70.

Basedontheforegoingfindingsregardingth:sfacilityIngonApril 2.

and pursuant to approval by the Nuclear Regulatory Comission 3t a meet 10, 1987 Facility Operating License No. NPF-62, which suprsedes the license for fuel loading and low power testing, License No. NPF-55, issued on September 29, 1986, is hereby issued to Illinois Power Compan Soyland Power Cooperative, Inc. :rd U;;;;r- !'H4 e-r^^-H, I.. (the licensees), to read as follows:

g and A.

This license applies to thb Clinton Power Station, Unit No.1, a boiling water nuclear reactor and lssociated equipment (the facility), owned b Illinois Power Compan $ oyland Power Cooperative, Inc. :-d U;;;,,m

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The facility is located in Harp Town-ship,.DeWitt County, approximately six miles east of the city of Clintnn in east-central Illinois and is described in the licensees' Final Safety Analysis Report, as supplemented and amended, and in the licensees' Environmental Report-0perating License Stage, as supplenented and amended.

B.

Subject to the conditions and requiraments incorporated herein, the Comission hereby licenses:

(1) 1111nois Power Company (!P), pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use and operate the facility at the designated location in Harp Township, DeWitt County, Illinois, in accordance with the procedures and limitations set forth in this license; (2) Soyland Power Cooperative, Inc. :nd U;;;;r

"n:i; r;_;r 0..,,, A W., ;J. pursuant to Section 103 of the Act and 10 CFR Part 50, to possess the facility at the above designated location in accord-ance with the procedures and limitations set forth in this license; (3) IP, pursuant to the Act and 10 CFR Part 70, to receive, possess and to use at any tirse special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended;

.l l Attcchme t 3 to U-601295 Documents attached:

1.

Soylaed Power Cooperative. Inc. 1987 Annual Report 2.

Western Illinois Power Cooperative. Inc. 1987 Annual Report 3.

.pprsved Plan of Norger of Western Illinnis Power Cooperative. Inc.

and Soyland Power Cooperative. Inc.

4.

Soyland Power Cooperative. Inc. and Related Subsidiary Festern Illinois Power Cooperative. Inc. : Consolidated Income Statemente through August 31 1988.

5.

Soyland Power Cooperative. Inc. and Related subsidiary Western Illinois Power Cooperative. Inc.: Consolidated Balance Sheet through August 31, 1988.

6.

Soyland Power Cooperative. Inc. and Related Subsidiary Western Illinois Power Cooperative. Inc. Consolidated Balance Sheet (Projected)

December 31.

1989 e

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