ML20210B395
| ML20210B395 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 06/21/1999 |
| From: | John Nakoski NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20210B400 | List: |
| References | |
| NUDOCS 9907230140 | |
| Download: ML20210B395 (4) | |
Text
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t 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NORTHEAST NUCLEAR ENERGY COMPANY. ET AL.
MILLSTONE NUCLEAR POWER STATION. UNIT 3 DOCKET NO. 50-423 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE MERGER AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of Facility Operating License No. NPF-49 for the Millstone Nuclear Power Station, Unit No. 3 (Millstone Unit 3), to the extent held by New England Power Company (NEP), one of 13 joint owners of Millstone Unit 3. The indirect transfer would be to The National Grid Group plc (National Grid) resulting from the planned merger of National Grid and New England Electric System (NEES), the parent company of NEP.
According to the application by NEP for approval of the indirect transfer, on December 11,1998, NEES entered into an Agreement and Plan of Merger with National Grid, a holding company incorporated in England and Wales. Upon consummation of the merger, NEES will become a wholly-owned indirect subsidiary of National Grid with NEP remaining a 1
subsidiary of NEES, thereby effecting an indirect transfer of NEP's interest in Millstone Unit 3's Facility Operating License. Northeast Utilities, the sole licensed operator of the facility, would remain as the managing agent for the 13 joint owners of the facility and would continue to have exclusive responsibility for the management, operation and maintenance of Millstone Unit 3.
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2-The application does not propose a change in the rights, obligations, or interests of the other l Joint owners of Millstone Unit 3. fin addition, no physical changes to Millstone Unit 3 or operational changes are being proposed.. No direct transfer of the license will result from the
. proposed merger.
- Pursuant to 10 CFR 50.80,'no license, or any right thereunder, shall be transferred,
- directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transfer of control will not affect the
_ qualifications of the holder of the license, and that the transfer is otherwise consistent with
- applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to intervene, and written comments regarding the license transfer application, are discussed below.
By. July 20 - 1999
, any person whose interest may be affected by the.
Commission's action on the application may request a hearing, and, if not the applicants, may petition for leave to intervene in a hearing proceeding on the Commission's action.- Requests
. for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart M, "Public Notification, Availability of Documents and Records, Hearing Requests and Procedures for Hearings on License Transfer Applications," of 10 CFR Part 2. In particu;s, such requests and petitions must comply with the requirernents set forth in 13 CFR 2.1306, and should address the considerations contained in 10 CFR 2.1308(a). Untimely requests and petitions may be denied, as provided in i
9.
3-10 CFR 2.1308(b), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
Requests for a hearing and petitions for leave to intervene should be served upon Edward Berlin, Esq., and Scott P. Klurfeld, Esq., Swidler Berlin Shereff Friedman, LLP,3000 K Street, NW, Suite 300, Washington, DC 20007-5116, attorneys for New England Power Company; Thomas G. Robinsor.', Esq., New England Power Company,25 Research Drive, Westborough, MA 01582, attomey for New England Power Company; Samuel Behrends IV, Esq., Mary A. Murphy, Esq., and Yvonne M. Coviello, Esq., LeBoeuf, Lamb, Greene & MacRae, L.L.P.,1875 Connecticut Avenue, NW, Suite 1200, Washington, DC 20009, attorneys for the National Grid Group plc and NGG Holdings LLC; Paul K. Connolly, Jr., Esq., LeBoeuf, Lamb,
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Greene & MacRae, L.L.P.,260 Franklin Street, Boston, MA 02110, attomey for NGG Holdings LLC; Lillian M. Cuoco, Esq., Senior Nuclear Counsel, Northeast Utilities Service Company,107 Seiden Street, Berlin, Connecticut, 06037, attorney for Northeast Nuclear Energy Company; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (e-mail
. address for filings regarding license transfer cases only: OGCLTO NRC. gov); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, j
Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.1313.
The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the i
Presidmg Officer. A notice granting a hearing will be published in the FEDERAL REGISTER i
and served on the parties to the hearing.
As an alternative to req'uests for hearing and petitions to intervene, by July 30, 1999, persons may submit written comments regarding the license transfer application, i
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.. - as provided for in 10 CFR 2.1305. The Commission will conside.- sod, if appropriate, respond to these comments, but such comments will not otherwise cranstitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
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l Commission, Washington, DC 20555-0001, Attention: Rulemakings and
- Adjudications Staff, and should cite the publication date and page number of this FEDERAL REGISTER notice.
For further details with respect to this action, see the application dated March 15,1999, submitted under cover of a letter dated March 15,'1999, which are available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the Millstone Unit 3 local public document rooms located at the Learning Resources Center, Three Rivers Community Technical College,574 New London Tumpike, Norwich, Connecticut, and the Water,'ord Library, ATTN: Vince Juliano,49 Rope Ferry Road, Waterford, Connecticut.
Dated at Rockville, Maryland this 21st day of June 1999.
r FOR THE NUCLEAR REGULATORY COMMISSION l
C. M J n A. Nakoski, Senior Project Manager, Section 2 roject Directorate I j
Division of Licensing Project Management Office of Nuclear Reactor Regulation j
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