ML20215M576

Informs of Processing of 870416 Request for Approval Under 10CFR50.80.NRC Consideration of Approval Requires Notice to Interested Persons.Due to Notice requirement,870506 Action Cannot Be Approved Prior to 870529,dependent Upon Review

ML20215M576
Person / Time
Site:	Palisades, Big Rock Point, 05000000
Issue date:	05/11/1987
From:	Virgilio M Office of Nuclear Reactor Regulation
To:	Berry K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
NUDOCS 8705140032
Download: ML20215M576 (2)

Text

.- . .

May llo 1987 '

Docket No. 50-155 l 50-255 l Mr. Kenneth W. Berry

! Director, Nuclear Licensing i

Consumers Power Company 1945 West Parna11 Road Jackson, Michigan 49201 Gentlemen:

SUBJECT:

PROPOSED CORPORATE RESTRUCTURING OF CONSUMERS POWER COMPANY Your letter of April 16, 1987, provided details of the proposed corporate restructuring of Consumers Power Company (CPC0), by which CPCo would become a wholly-owned subsidiary of a new holding company, CMS Energy Corporation.

Your letter stated that the restructuring would involve no real change in ownership, management or operational control of CPCo holdings, including the 81g Rock Point and Palisades nuclear plants, and consequently, the provisions of 10 CFR 50.80 should not apply to this case. You therefore requested us to decline authority for approval of this action or to provide our approval in advance of the scheduled effective date of the restructuring, May 22, 1987.

In your letter of May 6, 1987, informing us that CPCo stockholders had approved the restructuring, you requested us to notify you promptly if we could not approve this action by May 22, 1987.

We are processing your request for approval under 10 CFR 50.80. In accordance with 10 CFR 50.80(c), NRC consideration of approval of this action requires apprcpriate notice to interested persons. Due to the notice requirement, we cannot issue our approval of this action prior to May 29, 1987. Approval by that date is dependent upon staff review and acceptance of the plan. Please contact Mr. James R. Hall or Mr. Thomas Wambach of my staff for information regarding this action.

Sincerely, Original signed by (TW for) 1 Martin J. Virgilio, Acting Director Project Directorate III-1 i Division of Reactor Projects - III, IV, V '

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l Docket No. 50-155 50-255 Mr. Kenneth W. Berry Director, Nuclear Licensing i Consumers Power Company l 1945 West Parna11 Road l Jackson, Michigan 49201 Gentlemen:

SUBJECT:

PROPOSED CORPORATE RESTRUCTURING OF CONSUM RS POWER COMPANY Your letter of April 16, 1987, provided details o the proposed corporate restructuring of Consumers Power Company (CPCO),/ y which CPCo would become a wholly-owned subsidiary of a new holding compapy, CMS Energy Corporation.

Your letter stated that the restructuring wouTd involve no real change in ownership, management or operational controfor CPCo holdings, including the a

Big of 10Rock CFR Point 50.80 and Palisades should not applynuclear plang,e.nd to this/cas consequently, You therefore the us requested provisions to decline authority for approval of this, Action or to provide our approval in advance of the scheduled effective date of the restructuring; May 22, 1987.

In your letter of May 6,1987, inforf ng fi us that CPCo stockholders had approved the restructuring, you requested us to notify you promptly if we could not approve this action by May 22, 1987.

We have determined that this action is governed by the requirements of 10 CFR 50.80 in that the propo' sed restructuring involves an indirect transfer of control of the operatingflicenses for the Big Rock Point and Palisades plants. In accordance wittr 10 CFR 50.80(c), NRC consideration of approval of this action requires appr Due to the notice requirement, wennot ca,o'priate issue ournotice to interested approval persons.

of this action prior to May 29, 1987. Approva}'by that date is dependent upon staff review and acceptance of the plan'. Please contact Mr. James R. Hall or Mr. Thomas Wambach of my staff for infgr'mation regarding this action.

Sincerely,

/

/

/ Martin J. Virgilio, Acting Director Project Directorate III-1

/

Division of Reactor Projects - III, IV, V

& Special Projects DISTRIBUTION:

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