ML20206Q015

North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc

ML20206Q015
Person / Time
Site:	Seabrook
Issue date:	01/12/1999
From:	Repka D NORTH ATLANTIC ENERGY SERVICE CORP. (NAESCO), WINSTON & STRAWN
To:	NRC COMMISSION (OCM)
References
CON-#199-19894 LT, NUDOCS 9901140032
Download: ML20206Q015 (8)

Text

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/9A9 00CKETED US4Pfauary 12,1999 UNITESSSTKTE%OfP AniERICA 3 M NUCLEAR REGULATORY COMMISSION

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BEFORE THE COMMISSION ADJ l

In the Matter of ) {

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North Atlantic Energy Service Corporation ) Docket No. 50-443 -/- T l

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(Seabrook Station) )

NORTH ATLANTIC ENERGY SERVICE CORPORATION'S ANSWER TO PETITION TO INTERVENE OF NEW ENGLAND POWER COMPANY Pursuant to 10 C.F.R. 2.1307(a), North Atlantic Energy Service Corporation

("NAESCO"), operating licensee for the Seabrook Station, Unit 1, herein answers the " Motion of New England Power Company for Leave to Intervene, and Petition for Summary' Relief or, in the Alternative, for a Hearing" (" Motion / Petition"), filed on January 4,1999. NAESCO expects to participate as a full party in any hearing on this matter, but at the present time takes no position on the issues raised by New England Power Company ("NEP").

Pursuant to a Managing Agent Operating Agreement for Seabrook Station made by and between NAESCO and the multiple joint owners of the facility, NAESCO is the managing agent and sole licensed operator of Seabrook Station. In that capacity, undu cover letter of September 29, 1998, NAESCO submitted the license transfer application of Montaup Electric Company

("Montaup") and Little Bay Power Corporation ("Little Bay") that is the subject of NEP's current Motion / Petition. As such, NAESCO is an applicant in this matter and thus is entitled to participate in any proceeding held by the Nuclear Regulatory Commission ("NRC" or " Commission") on the hh G

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l transfer application. While' NAESCO does not request a hearing of its own accord, it would participate in any hearing that may be otherwise ordered by the Commission. NAESCO further l recognizes' that Montaup and Little Bay are also applicants with respect to this matter, understands that their interests may be distinct from NAESCO's, and expects that they may participate as separate parties.

I The application at issue is described in NEP's Motion / Petition. In summary, l

Montaup is currently licensed by the NRC to own a 2.9% minority interest in Seabrook Station, Unit

1. In the application, Montaup and Little Bay request, pursuant to 10 C.F.R. 6 50.80, NRC consent l to the transfer of Montaup's current ownership share to Little Bay. Little Bay is not presently an l

owner or licensee, but is a wholly-owned subsidiary of BayCorp Holdings, Ltd., a holding company l that also owns Great Bay Power Corporation, which in turn presently owns 12.1% of Seabrook l Station, Unit 1. The transfer of the Montaup ownership share to Little Bay would not affect 1

NAESCO's role as the managing agent and licensed operator responsible for the plant.

Given the nature of the approval at issue, and consistent with the terms of the Federal l

Register notice on the proposed transfer (63 Fed. Reg. 68801 (December 14,1998)), NAESCO understands that any hearing conducted on the application would be governed by the Commission's recently adopted regulations of 10 C.F.R. Part 2, Subpart M.1' Subpart M allows, where a hearing request or intervention petition is submitted by a person with an adequate interest in the matter, either a " streamlined" oral hearing or a hearing consisting of written comments. 10 C.F.R. S 2.1308.  ;

NAESCO takes no position on NEP's interest or " standing" to participate in this matter, or on the nature of any Subpart M proceeding that may be held.

L' Ses 10 C.F.R. S 2.1300, .et. geg.; 63 Fed. Reg. 66721 (December 3,1998).

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NAESCO also takes no position at this time on the substantive " issues" presented in NEP's Motion / Petition related to Little Bay's financial qualifications or the adequacy of decommissioning funding assurance for Montaup's share of the plant. If the Commission deems it appropriate to explore these issues further in a Subpart M hearing context, NAESCO will participate.

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Respectfully submitted, I

k U i David A. Repka i WINSTON & STRAWN l 1400 L Street, N.W.

Washington, D.C. 20005-3502 (202) 371-5726 l

l Lillian M. Cuoco William J. Quinlan I NORTHEAST UTILITIES SERVICE COMPANY

, 107 Selden Street l Berlin, Connecticut 006037 i

j ATTORNEYS FOR NORTH ATLANTIC ENERGY SERVICE CORPORATION Dated in Washington, D.C.

this 12th day of January,1999

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l 00CKETED UNITED STATES OF AMERICA US T-NUCLEAR REGULATORY COMMISSION l 59 JM 13 P2 :01 l

I BEFORE THE COMMISSION Cs i

AD In the Matter of )

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North Atlantic Energy Service Corporation ) Docket No. 50-443

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(Seabrook Station) )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attomey herewith enters an appearance in the captioned matter. In accordance with 10 C.F.R. 6 2.1324(b), the following information is provided:

Name: David A. Repka Address: Winston & Strawn 1400 L Street, N.W.

Washington, DC 20005 l

Telephone Number: (202) 371-5726 i

Facsimile Number: (202) 37l-5950 E-Mail: drepka@winston.com Admissions: District of Columbia Court of Appeals Name of Party: North Atlantic Energy Service Corporation P.O. Box 300 Seabrook, New Hampshire 03874 k \

ke-David A. Repka l

. Winston & Strawn l Counsel for North Atlantic Energy Service Corporation l Dated in Washington, DC this 12th day of January,1999 l

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i 00CKETED UNITED STATES OF AMERICA IIS W C NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION W JAN 13 P2 :01 In the Matter of ) U

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North Atlantic Energy Service Corporation ) Docket No. 50-443

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(Seabrook Station) )

NOTICE OF APPEARANCE 1

l Notice is hereby given that the undersigned attorney herewith enters an appearance in the t

captioned matter. In accordance with 10 C.F.R. 2.1324(b), the following information is l provided:

Name: Lillian M. Cuoco l Address) Northeast Utilities Service Company i 107 Selden Street i l Berlin, Connecticut 06037 Telephone Number: (860) 665-3195 Facsimile Number: (860) 665-5504 l

E-Mail: cuocolm@nu.com Admissions: Court of Appeals for the S. ate of New York District of Columbia Con it of Appeals Superior Court of Connecticut Name ofParty: North Atlantic Energy Service Corporation P.O. Box 300 Seabrook, New Hampshire 03874 5 % (cc va Lillian M. Cuoco Senior Nuclear Counsel Northeast Utilities Service Company Counsel for North Atlantic Energy Service Corporation Dated in Washington, DC this .)l.th day of January,1999

DOCKETED UNITED STATES OF AMERICA llS'i .C NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION 9' JM 13 P2 :01 In the Matter of ) OF; ,

North Atlantic Energy Service Corpo;ation )

) Af' Y Docket No. 50-443

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(Seabrook Station) )

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NOTICE OF APPEARANCE I Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter. In accordance with 10 C.F.R. s2.1324(b), the following information is provided:

Name: William J. Quinlan Address: Northeast Utilities Service Company 107 Selden Street i Berlin, Connecticut 06037 '

Telephone Number: (860) 665-3761 Facsimile Number: (86) 665-5504 E-Mail: quiniwj@nu.com Admissions: Superior Court of Connecticut Name ofParty: North Atlantic Energy Service Corporation P.O. Box 300 Seabrook, y' -

New HampshireA03 L

/7 William J. Quinlan Q Northeast Utilities Service Company Counsel for North Atlantic Energy Service Corporation Dated in Washington, DC this lith day of January,1999

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I UNITED STATES OF AMERICA 00 TED NUCLEAR REGULATORY COMMISSION

?) JAN 13 P2 :01 BEFORE THE COMMISSION OR.

RU In the Matter of ) ADJ. ~F

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North Atlantic Energy Service Corporation ) Docket No. 50-443

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(Seabrook Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " NORTH ATLANTIC ENERGY SERVICE CORPORATION'S ANSWER TO PETITION TO INTERVENE OF NEW ENGLAND POWER COMPANY" and " Notices of Appearance" for David A. Repka, Lillian M. Cuoco, and William J.

Quinlan in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk (*) by hand delivery service, or as marked by two asterisks (**), by overnight delivery, this 12th day of January,1999.

Chairman Shirley Ann Jackson

• Commissioner Jeffrey Merrifield*

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike .

Rockville, Maryland 20852 2738 Rockville, Maryland 20852-2738 Commissioner Nils J. Diaz* CommissionerGreta Dicus*

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, Maryland 20852-2738 Rockville, Maryland 20852-2738 i

1 Commissioner Edward McGaffigan, Jr.* Office of the Secretary * {

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 1 One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, Maryland 20852-2738 Attn: Docketing and Service Station (original + two copies)

i Office of Commission Appellate Adjudication

• Steven R. Hom, Esq.*

U.S. Nuclear Regulatory Commission Office of the General Counsel One White Flint North U.S. Nuclear Regulatory Conunission 11555 Rockville Pike One White Flint North Rockville, Maryland 20852-2738 11555 Rockville Pike Rockville, Maryland 20852-2738 Edward Berlin, Esq.* Barton Z. Cowan, Esq.*

• Swidler Berlin Shereff Friedman, L.L.P. Eckert Seamans Cherin & Melott, LLC 3000 K Street, N.W. 44th Floor Suite 300 USX Tower j Washington, DC 20007-f116 600 Grant Street i Pittsburgh, PA 15219 Gerald Chamoff. Esq.* Adjudicatory File 3

- Shaw, Pitman, Potts & Trowbridge Atomic Safety and Licensing Board Panel 2300 N Street U.S. Nuclear Regulatory Commission Washington, DC 20037 Washington, DC 20555 John Ritscher, Esq." Kevin A. Kirby i Ropes & Gray Vice President, Power Supply l 1 International Place Eastem Utilities Associates Boston, MA 02110 750 West Center Street P.O. Box 543 West Bridgewater, MA 02379 l Frank Getman, Jr. Robert A. Backus Great Bay Power Corporation Backus, Meyer, Solomon, 20 International Drive, Suite 301 Rood & Branch Portsmouth, NH 03801-6809 116 Lowell Street P.O. Box 516 Manchester, NH 03105-0516 k \

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David A. Repka Winston & Strawn Counsel for North Atlantic Energy Service Corporation