ML20207J587
| ML20207J587 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Seabrook  |
| Issue date: | 03/15/1999 |
| From: | Behrends S LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20207J590 | List: |
| References | |
| NUDOCS 9903160328 | |
| Download: ML20207J587 (3) | |
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LEBOEUF, LAMB, GREENE & MACRAE L.L.P.
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Via unnd_Dalivery Nuclear Regulatory Commission Document Control Desk 11555 Rockville Pike
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Rockville, MD 20852 Re:
Application of New England Power Company for Transfer of Control of Facility Operating License No. NPF-4 9 (Docket No. 50-423) and Facility Operatirg License No. NPF-86 (Docket No. 50-443)
Gentlemen and Ladies:
j Enclosed for filing, pursuant to Section 184 of the j
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, Subpart M (1998), is an original and five copies of the above-referenced Application.
New England Power Company (NEP) seeks approval of the transfer of control of the above-referenced ownership licenses, to the extent that such approval ia required solely to reflect a change in upstream economic ownership of the parent company of NEP, the licensee.
NEP is a minority, non-operating owaership licensee or Unit 3 of the Millstone commercial nuclear facility located in Waterford, Connecticut; it owns a 12.2% interest.
NEP also is a non-operating ownership licensee of Unit 1 of.the l
Seabrook commercial nuclear facility located in Seabrook, New Hampshire; it owns a 9.9% inEerest.
NEP is a subsidiary of New Qg England Electric System (NEES), which entered into a merger I
1 et3reement with The National Grid Group plc (National Grid), a holding company incorporated in England and Wales, on December i
11, 1998.
Pursuant to the proposed merger, NEES will become a 1
l wholly-owned indirect subsidiary of National Grid and NEP will 7
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Nuclear Regulatory Commission March 15, 1999 Page 2 remain a subsidiary of NEES.
A copy of the Capital Merger
. Agreement is attached as Exhibit D.
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The proposed merger between NEES and National Grid will not have any effect on the operation, personnel, financial status physical condition, environmental effects, business plan, decommissioning capability or control of Millstone 3 or Seabrook Unit 1.
No license is being transferred and NEP will remain the licensee for these two plants.
In order to assure that the change in the upstream economic ownership of the licensee is consistent with any restrictions governing foreign ownership, control or domination, NEP 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 anrelated to the operations of Millstone 3 and Seabrook 1.
A copy of NEP's amended bylaws, which create the nuclear Committee, are attached as Exhibit H.
Commission approval of this Application is entirely consistent with precedent and the recently issued Standard Review Plan on Foreign Ownership, Control or Domination in Secy-98-246, which was 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, NEP respectfully requests that the Commission approve this Application without modification or condition.
The parties are attempting to close the merger expeditiously and have set a target date of November 1, 1999.
Thus, NEP requests that the Commission grant approval promptly, as contemplated by the Commission's recent rules.
If you have any questions regarding this Application, please contact the undersigned or Mary A. Murphy at (202) 986-8021 or at their mail address:
LeBoeuf, Lamb, Greene & MacRae, L.L.P.,
1875 Connecticut Avenue, N.W.,
Suite 1200, Washington, D.C.
20009.
Respectfully submitted,
=f A ' - j__ J I
S muel Behrends Attorney for The National Grid Group plc L"
1
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t Nuclear Regulatory Commission March 15, 1999 Page 3 Enclosures cc:
Mr. Hubert J. Miller Regional Administrator - Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415
)
Mr, John T. Harrison, Project Manager i
Mail Stop O-14B-20 Project Directorate I-2
)
Division of Reactor Projects - I/II Office of the Nuclear Regulator Regulation U.S. Nuclear Regulatory Commission Washington, DC 20055-0001 I
Mr. Raymond K. Lorson NRC Senior Resident Inspector 49-NR North Atlantic Energy Service Corporation Post Office Box 300 Seabrook, NY 03874-0300 Mr. James W. Anderson, Project Manager j
Project Directorate I-2 Division of Licensing Project Management 3
Office of the Nuclear Rt
-lator Regulation U.S. Nuclear Regulatory mammission Washington, DC 20055-0001 i
Mr. A.C. Cerne NRC Senior Resident Inspector Millstone Unit 3 l
Millstone Nuclear Power Station P.O.
Box 128 Waterford, CT 06385-0128 i
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