ML20210T040
| ML20210T040 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 08/29/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | SAN DIEGO GAS & ELECTRIC CO. |
| Shared Package | |
| ML20210T038 | List: |
| References | |
| NUDOCS 9709120266 | |
| Download: ML20210T040 (4) | |
Text
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7590-01 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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SAN DIEGO GAS AND ELECTRIC COMPANY
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Docket Nos. 50-206, 50 361 l
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and 50-362 (San Onofre Nuclear Generating Station.)
Units 1, 2 and 3)
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ORDER APPROVING APPLICATION REGARDING THE CORPORATE RESTRUCTURING OF ENOVA CORPORATION, PARENT OF SAN DIEGO GAS AND ELECTRIC COMPANY, BY ESTABLISHMENT OF A HOLDING COMPANY WITH PACIFIC ENTERPRISES l
I.
San Diego Gas and Electric Company (SDG&E) is a co owner of San Onofre L
Nuclear Generating Station (SONGS), Units 1, 2 and 3, along with Southern California Edison (SCE). The City of Riverside California (Riverside), and The City of Anaheim, California (Anaheim).
SDG&E, SCE, Riverside and Anaheim are co-holders of Possession Only License No. DPR-13, and Facility Operating License Nos. NPF-10, and NPF-15, issued by the U.S. Nuclear Regulatory Comission (the Comission) pursuant to Part 50 of Title 10 of the Code of Federal Reaulations (10 CFR Part 50) on October 23, 1992. February 16, 1982, and November 15, 1982, respectively.
Under these licenses SDG&E, SCE, Riverside, and Anaheim have the authority to possess the San Onofre Nuclear Generating Station, Units 1, 2 and 3, while SCE is authorized to operate Units 2 and 3.
SONGS is located in San Diego County, California.
II.
By letter dated December 2,1996. SDG&E, through its counsel Richard A.
Meserve of Covington & Burling, informed the Commission that its parent N E Nahk oN0$$o6 P
2-company, Enova Corporation was engaging in a corporate restructuring plan with Pacific Enterprises that will result in the creation of a holding company under the name Mineral Energy Company of which Enova and Pacific Enterprises would become subsidiaries.
SDG&E would continue to be a subsidiary of Enova, Under the restructuring, there will be no change in the capital structure of SDG&E, SDG&E will continue to hold the SONGS licenses to the same extent as presently held; there will be no direct transfer of the SONGS licenses, The December 2, 1996, letter requested the Commission's approval pursuant to 10 CFR 50,80. to the extent necessary, in connection with the proposed restructuring, Notice of this request for approval was published in the
. FEDERAL REGISTER on July 1, 1997 (62 FR 3S532),
Under 10 CFR 50,80, no license shall be transferred.. directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing, Upon review of the information submitted in the letter of December 2,1996, and other information before the Commission, the NRC staff has determined that-the restructuring-of Enova,
-parent company of SDG&E, will not affect the qualifications of SDG&E-as co-holder of the licenses, and that the transfer of control of the licenses for SONGS, to the extent effected by the' restructuring of Enova, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the' Commission, subject to the conditions set forth herein, These findings are supported by a Safety Evaluation dated August 29, 1997, III.
Accordingly, pursuant to Sections 161b,1611,161o.. and 184 of the Atomic Energy Act of 1954, as amended, 42 USC SS 2201(b), 2201(1), 2201(o),
3 and 2234, and 10 CFR 50.80. IT IS HEREBY ORDERED that the Commission approves the application concerning the proposed restructuring of Enova, parent company of SDG&E, subject to the following conditions:
(1) SDG&E shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from SDG&E to its parent or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of SDG&E's consolidated net utility plant, as recorded on
-SDG&E's books of account: and (2) should the restructuring of Enova as described herein not be completed by August 31. 1998, this Order shall become null and void, provided however, on application and for good cause shown, such date may be extended.
This Order is effective upon issuance.
IV.
By October 6.1997, any person adversely affected by this Order may file a request for a hearing with respect to issuance of the Order. Any person requesting a hearing shall set forth with particularity how that interest is i
adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is to be held, the Commission will issue an order designating the time and place of such hearing.
The issue to be considered at any such hearing shall be whether this Order should be sustained'.
-4 Any request for a hearing must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission Washington, D.C. 20555, Attention:
Rulemaking and Adjudications Staff, or may be delivered to the Comission's Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, D.C. by the above date, Copies should be also sent to the Office of the General Counsel, and to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, and to i
Richard A. Neserve Covington & Burling,1201 Pennsylvania Avenue, N. W., Post Office Box 7566. Washington, D.C. 20044-7566, attorney for SDG&E.
For further details with respect to this action, see the December 2, 1996 letter application, which is available for public inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, D.C., and at the local public document room located at the Main Library, University of California, Irvine, California 92718.
FOR THE NUCLEAR REGULATORY COMMISSION brector a
Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 29th day of August 1997