ML20209B914
| ML20209B914 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 07/01/1999 |
| From: | Geoffrey Edwards PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20209B919 | List: |
| References | |
| NUDOCS 9907080276 | |
| Download: ML20209B914 (6) | |
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v PECO NUCLEAR aw s. c-v Nuclear Group Headquarters A UNIr or PECO ENERGY 965 Chesterbrook Boulevard Wayne. PA 19087-5691 July 1,1999 Docket Nos. 50-277 50-278 License Nos. DPR-44 DPR-56 U.S. Nuclear Regulatory Commission Attention: Document Contrcl Desk Washington, D.C. 20555 Re:
Peach Bottom Atomic Power Station, Units 2 and 3 License Change Application ECR 99-01497 Ref.: Letter E. C. Simpson, PSE&G to U. S. Nuclear Regulatory Commission, Dated June 4,1999, LR-N00257, LCR H99-06 & LCR S99-14 Docket Nos. 50-272,50-311 & 50-354 l
MY 2V
Dear Sir / Madam:
PECO Energy Company (PECO Energy) hereby submits License Change Application ECR 99-01497, in accordance with 10 CFR 50.90, requesting a change to the Peach l
Bottom Atomic Power Station (PBAPS), Units 2 and 3 Facility Operating Licenses.
This proposed change will revise the Facility Operating Licenses to reflect a change in the corporate structure at Public Service Electric & Gas (PSE&G).
l Information supporting this request is contained in Attachment 1 to this letter, and the marked up pages showing the proposed changes to the PBAPS, Units 2 and 3 Facility Operating Licenses are contained in Attachment 2. A copy of this license change application, including the reasoned analysis about a no significant hazards l
consideration (Attachment 3), is being provided to the appropriate Pennsylvania State official in accordance with the requirements of 10 CFR 50.91 (b) (1).
We request that this amendment to the PBAPS, Units 2 and 3 FOLs be approved by October 1,1999 in order to support the New Jersey Electric Discount and Energy Competition Act, Chapter 23, of the New Jersey Laws of 1999 (" Restructuring Act").
Very truly yours,
/
G. D. Edwards I
Director-Licensing (I,
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Attachments; Affidavit cc H. J. Miller, Administrator, Region I, USNRC A. C. McMurtray, USNRC Senior Resident inspector, PBAPS R. A. Janati, Commonwealth of Pennsylvania 9907000276 990701 1 PDR ADOCK 05000277 P
PDR !j
U.S. NucleGr Regulatory Commission
- July 1,1999 Page 2 bec:
N. J. Sproul, Public Service Electric & Gas R. l. McLean, State of Maryland A. F. Kirby, lil, Delmarva Power & Light Company J. J. Keenan, Public Service Electric & Gas G. R. Rainey - 63C-3 C. P Lewis - 63C-3 J. J. Hagan - 62C-3 J. Doering - PB, SMB4-9 M. E. Wamer_- PB, A4-1S G. L. Johnston - PB, SMB3-2A E. F. Sproat - 63B-1 R. W. Boyce - 63C-3 i
R. A.' Kankus - 63C-2 A. A. Winter - PB, A4-5S J. G. Hufnagel/KAM - 62A-1 PBAPS ISEG - PB, SMB4-6 3
Commitment Coordinator - 62A-1
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Correspondence Control Desk - 61B-5 DAC - 618-5 e
i COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CHESTER J. J. Hagan, Being first duly swom, deposes and says:
That he is Senior Vice President of PECO Energy Company; the Applicant herein; that he has read the attached License Change Application ECR 99-01497, for Peach Bottom Atomic Power Station Facility Operating Licenses DPR-44 and DPR-56, and knows the contents thereof; and that the statements and matters set forth therein are true and correct to the best of his knowledge, information and belief.
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ior ce President Subscrigd and Sw 1 to before me this / M day of JN 1999 dM
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Notary ublic Carol A.Wahon Putse My esi
'xpires May 002 Memtw,Pennsylvama Association of Nolance j
ATTACHMENT 1 PEACH BOTTOM ATOMIC POWER STATION UNITS 2 AND 3 Docket Nos. 50-277 50-278 J
LICENSE CHANGE APPLICATION ECR 99-01497 "Name Change Associated with PSE&G Restructuring" Supporting information - 2 pages l
Licens3 Nos. DPR-44 Dockst Nos. 50-277
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DPR-56 50-278 i
in accordance with Section 184 of the Atomic Energy Act, and 10 CFR 50.80, on June 4,
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1999,- Public Service Electric and Gas Company ("PSE&G") requested Nuclear Regulatory Commission ("NRC") to consent to the transfer of PSE&G's non-operating ownership interests in Facility Operating License Nos. DPR-44 and DPR-56 for the Peach Bottom Atomic Power Station, Units 2 and 3, respectively. PSE&G specifically requested that the NRC consent to the transfer of PSE&G's ownership interests in these units to a new, affiliatad nuclear generating company, PSEG Nuclear LLC (PSEG Nuclear). PSEG Nuclear would be authorized to possess (own) the units under essentially the same conditions and authorizations included in the existing licenses.
The PSE&G reorganization is being undertaken in response to the ongoing restructuring of the electric utility industry in the State of New Jersey. On February 9,.1999, the Senate and General Assembly of the State enacted the New Jersey Electric Discount and Energy
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Competition Act, Chapter 23 of the New Jersey Laws of 1999 (" Restructuring Act"). Beginning October 1,1999, all New Jersey retail electric customers will be entitled to reduced electric rates and will be permitted to begin taking power from alternative suppliers. The Restructuring Act calls for elimination of the traditional retail monopoly which electric utilities have held with respect to electric power generation and supply services, to afford consumers the opportunity to access a competitive market for these services.
In accordance with the Restructuring Act, on March 17,1999, PSE&G and a number of the parties to the proceeding on restructuring before the New Jersey Board of Public Utilities l
("BPU") filed a Stipulation addressing restructuring, stranded costs, decommissioning, and functional unbundling. Among other things, under the Stipulation, PSE&G is to transfer its
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generation assets, including its interests in nuclear plants, to a new, unregulated affiliate. On l
April 21,1999, the BPU issued a Summary Order based upon the Stipulation, essentially accepting the unbundling agreement. Accordingly, following and conditioned uptn ceceiving all I
necessary regulatory approvals, specifically including approval of the transfers requested I
herein, the PSE&G nuclear generating assets will be transferred to the new nuclear generation affiliate. PSE&G's non-nuclear generation assets will be transferred to a separate affiliated company. PSE&G will become an electricity and gas transmission and distribution company.
All of these entities will be wholly-owned subsidiaries of Public Service Enterprise Group
' Incorporated, the current parent of PSE&G.
PSE&G currently owns 42.50% each of Peach Bottom, Units 2 and 3. PECO Energy also owns a 42.50% share and is the licensed operator of these two units. The requested transfers of PSE&G's shares will not impact PECO Energy's ownership shares or its responsibility and authority to operate the units. Nor will the transfer alter the remaining ownership shares in the units held by Atlantic City Electric Company and Delmarva Power and Light Company (now conducting business as Conectiv).
Additional information pertaining to the proposed reorganization, including the information required under 10 CFR 9 50.80 and NRC Administrative Letter 96-02, is included in the June 4, 1999 Letter PSE&G to the USNRC, LR-N99257. As this information demonstrates, PSE&G's reorganization will nci (1) have any impact on management or operation of Peach Bottom, Units 2 and 3; (2) affect the financial qualifications of the licensed owners; (3) affect assurance of decommissioning funding for the units; (4) result in foreign ownership, control or domination over any of these licenses or licensees; or (5) require any additional NRC antitrust review.
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1.icense.Nos. DPR-44 Docktt Nos. 50-277 DPR-56 50-278 includes a mark-up of the facility operating licenses, reflecting the conforming administrative amendments associated with the ownership transfers. In accordance with 10 CFR 9 50.91(b)(1), a copy of this submittal has been sent to the State of Pennsylvania. also contains an evaluation of the conforming administrative amendments, which confirms the NRC's generic finding in 10 CFR S 2.135(a) that such conforming administrative amendments to the license of a utilization facility involve no significant hazarda considerations.
There are certain regulatory approvals and filings beyond that of the NRC which must be addressed prior to the proposed transfer of the nuclear generating assets to PSEG Nuclear.
These include, for example, approvals by the Federal Energy Regulatory Commission ( FERC")
and filings with the Securities and Exchange Commission ("SEC"). PSE&G is requesting the FERC approval by October 1,1999, in order to meet the current retail choice schedule in New i
Jersey. PSE&G respectfully requested NRC review and action en this submittal on tne same schedule, with an allowance for an implementation period until December 31,1999, to provide sufficient time to complete the transfer. PSE&G will keep the NRC informed of any significant 1
changes in the status of the other required approvals or other developments that could have an impact on this schedule for the reorganization.
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i These Attachments do not include any proprietary commercial information that would need to be withheld from public disclosure.- Proprietary financial information from PSEG Nuclear was previously submitted to the NRC, with a request pursuant to 10 CFR 9 2.790 that it be withheld from public disclosure, in PSE&G's filing on the Salem and Hope Creek dockets of June 4, 1999. That information is incorporated by reference herein.
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