ML20207S223
| ML20207S223 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/16/1987 |
| From: | Bernero R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20207S224 | List: |
| References | |
| NUDOCS 8703190147 | |
| Download: ML20207S223 (7) | |
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3 NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 g-
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CLEVELAND ELECTRIC ILLUMINATING COMPANY DUCUE5NE LIGHT LunrMY OHIO EDIwn LunvARY PENN3flTXRITlWETMFANY M
DOCKtI NU. 50-440 PERRY NUCL M IT NO. 1 AMEnuntNT TO FACILITT UPERATING lit;tRbE Amendment No. 2 License No. NPF-58 1.
The Nuclear Regulatory Consission (the Connission) has found that A.
The application for amendment by Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and Toledo Edison Company (the licensees) dated January 23, 1987, as supplemented on March 3, 1987, with respect to sale and leaseback financing transactions by Ohio Edison Company, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Connission's rules and regulations set forth in 10 CFR Chapter I; B.
In approving the aforementioned application, the Director of the Office of Nuclear Reactor Regulation, by letter of March 16, 1987 stated:
This approval is subject to the condition that the lessors and anyone else who may acquire an interest under the transactions which are the subject of this application are prohibited from exercising directly or indirectly any control over the licenses of the Perry nuclear facilities.
For purposes of this condition, the limitations in 10 C.F.R. 50.81, " Creditor Regulations," as now in effect and as these may be subsequently amended, are fully applicable to the named lessors and any successors in interest to those lessors as long as the license for Perry Nuclear Power Plant, Unit 1, remains in effect. These financial transactions shall have no effect on the license for Perry Nuclear Power Plant, Unit 1.
C.
The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; D.
There is reasonable assurance (1) that the activities authorized by this amendment can be conducted without endancerino the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; 8703190147 870316 PDR ADOCK 05000440 P
E.
The issuance of this amendment will not be inimical to the connon 1
defense and security or to the health and safety of the public; and F.
The issuance of this amendment is in accordance with 10 CFR Part 51 of the Connission's regulations and all applicable requirements have been satisfied.
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G.
The present amendment authorizes any such sale and leaseback transactions made pursuant thereto until October 1, 1987.
2.
Accordingly, the license is amended by adding a new paracraph, 2.B(7) as follows:
(7)(a)
Ohio Edison Company is authorized to transfer any portion of its 30.0% ownership share in PNPP Unit I and a proportionate share of its interest in the PNPP common facilities to certain equity investors identified in its submission of January 23, 1987, as supplemented on March 3,1987, and at the same time to lease back from such purchasers such interest sold in the PNPP Unit I facility. The tem of the lease is for-approximately 29-1/2 years subject to a right of renewal.
Such sale and leaseback trans. actions are subject to the representations and conditions set forth in the above mentioned application of January 23, 1987, as supplemented on March 3,1987, as well as the letter of the Director of the Office of Nuclear Reactor i
Regulation dated March 16, 1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licenses of PNPP, Unit 1.
For purposes of this condition the Ifmitations in 10 C.F.R. 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any I
successor in interest to that lessor as long as the license for PNPP Unit I remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the term of the license.
l (b) Further, the licensees are also required to notify the l
NRC in writing prior to any change in:
(1) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement, (iii) the existing property insurance coverage for PNPP, Unit 1, and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.
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- 3.
This license amendment is effective as of its date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Ihidnats: vd bi Robert M. Bernero, Director Division-of BWR Licensing
Attachment:
Changes to the License Date of Issuance: March 16, 1987 I
Previously concurred *:
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. 3.
This license amendment is effective as of its date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Robert M. Bernero Director Division of BWR Licensing
Attachment:
Changes to the License Cate of Issuance: March 16, 1987 t
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ATTACHMENT TO LICENSE AMENDMENT NO. 2 FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 Replace the following pages of the license with the attached pages. The revised pages are identified by Amendment number and contain vertical lines indicating the area of change.
Remove Insert Page 3 Page 3 Page 3a 1
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. (2) Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and Toledo Edison Company, to possess the facility at the designated location in Lake County Ohio, in accordance with the procedures and limitations set forth in this license; (3) CEIC0, pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance i
with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4) CEICO, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any time any byproduct, source and special nuclear
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material such as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (S) CEICO, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use in amounts as required any byproduct, source or special nuclear material without restriction as to chemical or physical fonn, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) CEICO, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be i
produced by the operation of the facility.
(7)(a)
Ohio Edison Company is authorized to transfer any portion of its 30.0% ownership share in PNPP Unit 1 and a proportionate j
share of its interest in the PNPP common facilities to certain i
equity investors identified in its submission of January 23, 1987, j
as supplemented on March 3, 1987, and at the same time to lease back from such purchasers such interest sold in the PNPP Unit I facility. The tenn of the lease is for approximately 29-1/2 years subject to a right of renewal. Such sale and leaseback transactions are subject to the representations and conditions (ContinuedonPage3a)
C.
This license shall be deemed to contain and is subject to the conditions specified in the Commiission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Consiission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maximum Power Level CEICO is authorized to operate the facility at reactor core power levels not in excess of 3579 megawatts thermal (100% power) in accordance with the conditions specified herein.
Amendment No. 2
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- 3a-set forth in the above mentioned application of January 23, 1987, as supplemented on March 3,1987, as well as the letter of the Director of the Office of Nuclear Reactor Regulation dated March 16,1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licenses of PNPP, Unit 1.
For purposes of this condition the limitations in 10 C.F.R. 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit I remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the tem of the license.
(b) Further, the licensees are also required to notify the NRC in writing prior to any change in:
(1) the tems or conditions of any lease agreements executed as part of these transactions; (ii)the PNPP Operating Agreement, (iii) the existing property insurance coverage for PNPP, Unit 1 and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.
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s Amen &ent No.
2