ML20217F785
| ML20217F785 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 10/20/1999 |
| From: | Golden R AFFILIATION NOT ASSIGNED |
| To: | |
| References | |
| CON-#499-20916 LT, NUDOCS 9910210077 | |
| Download: ML20217F785 (8) | |
Text
I OT/(o LT DOCYE :Ep' UNITED STATES OF AMERICA US p.
NUCLEAR REGULATORY COMMISSION
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- In the Matter ofNiagara Mohawk
' Docket Nos.
Power Corporation; New York State 50-220 and 50-410 0:.i Electric & Gas Corporation; Nine Mile Ag
. Point Nuclear Station, Units 1 and 2.
(License Nos. DRP-63 and NPF-69) '
.............................x PETITION OF ELIOT SPITZER, ATTORNEY GENERAL OF THE STATE 'OF NEW YORK, FOR LEAVE TO INTERVENE 120 Broadway
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Tel. No.: (212) 416-8340 Fax No.:(212) 416 8877 E-mail: cfnrwg@oag. state.ny.us
- NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL MARY ELLEN BURNS Assistant Attorney General in Charge TELECOMM~UNICATIONS AND ENERGY BUREAU RICHARD W. GOLDEN Assistant Attorney General Ofcoimsel October 20,1999 f-b 9910210077 991020 PDR ADOCK 05000220 0
Introduction On September 10,1999, AmerGen Energy Company, LLC ("AmerGen"), the Niagara Mohawk Power Corporation (" Niagara Mohawk") and the'New York State Electric & Gas Corporation ("NYSEG") filed with the United States Nuclear Regulatory Commission ("NRC")
a License Transfer Application (" Application") requesting authorization to transfer all of the ownership interest in the Nine Mile Point Number One nuclear electricity generating plant
("NM1") and 59% of the ownership interest in the Nine Mile Point Number Two nuclear electricity generating plant ("NM2") to AmerGen.
The NRC published in the Federal Register dated September 30,1999, at 52798-52799, a
" Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing"(" Notice"). The Notice specified that any person whose interest may be affected by the NRC's action on the application may file a petition for a hearing or for leave to intervene in a hearing before the NRC regarding the Application. Pursuant to the Notice, such petitions may be filed with the NRC to and including October 20,1999.
This is the petition filed pursuant to the Notice by Eliot Spitzer, Attomey General of the State of New York, for leave to intervene in the above-captioned NRC proceedings regarding the Application.
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PETITION FOR LEAVE TO INTERVENE The NRC's regulations authorize any person whose interest may be affected by the Commission's action to petition for leave to intervene on a license application or transfer of a specific license. (10 CFR s 2.1306[a].) The interest of the New York State Attorney General in the Application arises from the innumerable investigatory and enforcement responsibilities adhering to the office of Attorney General in New York. The Attorney General of the State of New York has the statutory authority to enforce federal and state environmental, pubic health, antitrust and consumer protection laws as well as the responsibility to represent the people of New York, and especially residential, small business and other low-usage electricity customers, in matters concerning the provision of public utility services.
l The New York Attorney General has already acted upon these responsibilities in regard to the sale of NMi and NM2. This office has been a party since its inception to the proceeding instituted by the New York Public Service Commission ("NYPSC"), Case No. 99-E-0933, to review'the petition submitted by the applicants to the NYPSC pursuant to New York Public Service Law ("PSL") { 70 requesting authorization to transfer Niagara Mohawk's and NYSEG's ownership interests in NMI and NM2 to AmerGen. Discovery is ongoing in the NYPSC l
proceeding, and depositions of twelve witnesses who filed affidavits on behalf of AmerGen, NiMo and NYSEG are scheduled to take place between October 21 and 29,1999.
In the NYPSC proceeding, the New York Attorney General is concerned about the issues enumerated below and also about additional issues involving the rate implications of the proposed sales.
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The Application raises important issues that vitally affect the customers of all five of the l
owners of the NM1 and NM2.' For instance, the Application asserts (at 19) that AmerGen's l
corporate parents have provided " reasonable assurance that AmerGen will have sufficient funds available to pay its operations and maintenance expenses during a simultaneous six-month outage at both NMP Units." The Application also claims (at 24) that the proposed decommissioning funding mechanism exceeds the applicable NRC requirements In addition, the Application alleges (at Il-14) that AmerGen is at least as qualified to operate the plants as the current owners.
Before the NRC transfers the licenses of these two nuclear plants to AmerGen, New York a
customers must be assured of the accuracy of these and similar claims. The public in New York must be confident that AmerGen will have sufficient financial resources to satisfy its obligation to ope ate the plants safely and reliably and to decommission the plants at the ead of their useful lives.
The New York Attorney General seeks to intervene in these proceedings before the NRC to review the evidence and to develop recommendations to the NRC regarding these and similar i
issues. As required by the NRC's regulations (10 CFR Q [b][2]), any recommendation made by the New York Attorney General would pertain to actions that the NRC is empowered to take.
Although the New York Attomey General does not make any recommendations at this time, NMi is wholly owned by NiMo. In addition to NiMo and NYSEG, the owners of NM2 are: the Long Island Lighting Company ("LILCo")/Long Island Power Authority ("LIPA")
-- 18%; the Rochester Gas and Electric Corporation ("RG&E") -- 14%; and the Central Hudson Gas & Electric Company ("CH") -- 9%
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examples of the kinds of action this office might urge would be increasing or decreasing the proposed " top up" of the decommissioning fi.inds or imposing capitalization requirements on AmerGen.
In accordance with 10 C.F.R. Q 2.1306(b)(1), the following are designated as the persons on whom service ofpleadings and other papers in this proceeding should be made:
Richard W. Golden Assistant Attorney General Telecommunications and Energy Bureau New York State Department of Law 120 Broadway New York, New York 10271 Tel. No.: (212) 416 8340 Fax No.: (212) 416-8877 E-mail: cfnrwg@oag. state.ny.us Maureen Leary Assistant Attorney General Environmental Protection Bureau New York State Department of Law Justice Building Albany, New York 12224 Tel. No.: (518) 474-7154 Fax No.: (518) 473-2534 E-mail: epamfl@oag. state.ny.us l
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O Conclusion For the reasons stated above, the Attorney General of the State of New York, requests permission to intervene as a party in NRC Docket Nos. 50-220 and 50-410.
Dated: New York, New York October 20,1999 Respectfully submitted, ELIOT SPITZER Attomey General of the State of New York 120 Broadway New York, New York 10271 Tel. No.: (212) 416-8340 Fax No.: (212) 416-8877 E-mail: cfnrwg@oag. state.ny.us By:
W RICHARD W. GOLDEN //
Assistant Attorney Gener/l NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL MARY El.LEN BURNS Assistant Attorney General in Charge TELECOMMUNICATIONS AND ENERGY BUREAU RICHARD W. GOLDEN Assistant Attomey General Ofcounsel I
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52798 F:dercl Regist:r/Vol. 64, No.189/ Thursday, September 30,1999/ Notices Arts. Room 618,1100 Pennsylvania for Nine Mile Point Nuclear Station, consistent with the protection of the Ave.. NW, Washington. DC 20506 (202/ Unit 1 (NMPI), and Facility Operating public health c.id safety and common 682-5482).
License No. NPF-69 for Nine Mile Point defense and security of the United William i. Ilummel, Nuclear Station Unit 2 (NMP2). Niagara States, and (4) Require AmerGen to Coordinator. Cooperathe Agreements and Mohawk Power Corporation (NMPC) is report to the Commission the filing of Contracts. -
currently the sole owner and operator of any Schedules 13D or 13G with the U.S.
[FR Doc. 99-25381 Filed 9-29-99; 8:45 am}
NMPl. The transfer of the license for Securities and Exchange Commission su.uwa coor nn.oi-M NMP1 would be to AmerGen Energy that disclose beneficial ownership of a l
Company. LLC (AmerGen). NMPC registered class of Philadelphia Electric currently holds a 41% undivided Energy Company (PECO Energy) stock.
NATIONAL SCIENCE FOUNDATION owmship interest in NMP2. is its Pursuant to 10 CFR 50.80, no license, exclusive licensed operator, and acts as or any right thereunder, shall be liotice of Permits issued Under the agent for its other co-owners. The other transferred, directly or indirectly.
Antarctic Conservation Act of 1978 current co-owners, who may possess but through transfer of control of the not operate NMP2, are New York license, unless the Commission shall AGENCY: National Science Foundation.
Electric & Gas Corporation (NYSEG) give its consent in writing. The ACTION: Notice of permits issued under with an 18% interest, Long Island Commission will approve an the Antarctic Conservation Act of 1978 Lighting Company with an 18% interest, application for the transfer of a license, Public Law 95-541.
Rochester Gas and Electric Corporation if the Commission determines that the with a 14% interest, and the Central pmposed transferee is quallfled to hold
SUMMARY
- The National Science Hudson Cas & Electric Company with a the license and that the transfer is l
Foundation (NSF) is required to publish 9% interest. Under the proposed otherwise consistent with applicable notice of permits issued under the transfer for NMP2, NMPC's and provisions of law. regulations, and Antarctic Conservation Act of 1978.
NYSEG's interests, and NMPC's orders issued by the Commission i
This is the required notice, operating authority under the license for Pursuant thereto.
i FOR FURTHER INFORMATION CONTACT:
NMP2, would be transferred to Bef re issuance of the proposed Nadene G. Kennedy, Permit Office.
AmerGen. Accordingly, following the e nf rminglicense amendments, the Office of Polar Programs, Rm. 755.
proposed transfers, AmerGen would Commission will have made findings National Science Foundation,4201 become the licensed operator of both required by the Atomic Energy Act of i
Wilson Boulevard, Arlington VA 22230. NMP units, the sole owner of NMPl.
1954, as amended (the Act) and the Commiss n s reg a rs SUPPLEMENTARY INFORMATION: On August and a 59% co-owner of NMP2. The 17,1999, the National Science Commission is also considering Foundation published a notice in the amending the licenses for otherwise determined by the Federal Register of permit application administrative purposes to reflect the Commission with regard to a specific l
received. Permits were issued on proposed transfers. The NMP facility is d
e t at ya e e to the September 21,1999 to the following located in Oswego County, New York.
license of a utilization facility which applicants:
Under the proposed transfers.
does no more than conform the license l
Steven D. Emslie-Permit No. 2000-001 AmerGen would be authorized to to reflect the transfer action involves no l
Paul J. Poganis--Permit No. 2000-004 possess, use. and operate NMP1 and significant hazards consideration. No
]
Wayne Z. Trivelpiece-Permit No.
NMP2 under essentially the same contrary determination has been made 2000-006 conditions and authorizations included with respect to this specific license 4
W. Berry Lyons-Permit No. 2000-008 in the existing licenses. In addition, no amendments application. In light of the
(
Ron Naveen-Permit No. 2000-012 physical changes would be made to generic determination reflected in 10 Cary D. Miller-Permit No. 2000-014 either NMP1 or NMP2 c.s a result of the CFR 2.1315. no public comments with Nidene G. Kennedy, proposed transfer, and there would be respect to significant hazards Perma omccr.
no significant changes in the day-to-day considerations are being solicited.
[FR Doc. 99-25465 Filed 9-29-99; 8A5 am) operations of either unit. The proposed notwithstanding the general comment muNG CooE M55-01-M amendments to each unit's license procedures contained in 10 CFR 50.91.
would delete all references to " Niagara The filing of requests for hearing and Mohawk Power Corporation" and "New petitions for leave to intervene, and NUCLEAR REGULATORY York State Electric & Gas Corporation" written comments with regard to the i
COMMISSION (including variations of these names) application for transfers of licenses, are l
and substitute "AmerGen Energy discussed below.
(Docket Nos. 50-220 and 50-410]
Company, LLC" (or its new position of By October 20.1999, any person Ni:gara Mohawk Power Corporation;
" licensee" or " applicant"). The whose interest may be affected by the Ner! York State Electric & Gas pr p sed amendments would also add Commission s action on the application t the licenses certain additional may request a hearing, and, if not the Corporation; Nine Mile Point Nuclear St; tion, Units 1 and 2; Notice of c nditions arising from the license applicants, may petition for leave to C:nsideration of Approval of Transfer transfers; these conditions would (1)
Intervene in a hearing proceeding on the of Facility Operating Licenses and Preserve AmerGen s decision-making Commission s action. Requests for a C:nforming Amendments,and authority over safety issues, (2) Limit hearing and petitions for leave to Opportunity for a Hearing the foreign membership of AmerGen s intervene should be filed in accordance Management Committee. (3) Assign to with the Commission s rules of practice The US Nuclear Regulatory AmerGen's Chief Executive Officer and set forth in Subpart M. "Public Commission (the Commission) is Chief Nuclear Officer the responsibility Notification, Availability of Documents considering the issuance of orders under and authority for ensuring that and Records,llearing Requests and 10 CFR 50.80 approving the transfer of AmerGen's business and activities with Procedures for Hearings on License Facility Operating License No. DRP-63 respect to the NMP units are conducted Transfer Applications," of 10 CFR part
Federci Register /Vol. 64, No.189/ Thursday, September 30,1999 / Notices 52799
- 2. In particular, such requests must For further details with respect to this and at the local public document room comply with the requirements se; forth action, see the application dated located at the Government Publications in 10 CFR 2.1306, and should address September 10,1999, available for public Section State Library of Pennsylvania, the considerations contained in 10 CFR inspection at the Commission's Public (Regional Depository) Walnut Street and 2.1308(a). Untimely requests and Document Room. the Gelman Building, Commonwealth Avenue. Harrisburg, petitions may be denied, as provided in 2120 L Street, NW., Washington, DC, PA, 10 CFR 2,1308(b), unless good cause for and at the local public document room fillure to file on time is established, in located at the Reference and Documents Dated at Rockville, Maryland, this 24th day of September 1999.
tddition, an untimely request or Department Penfield Library, State petition should address the factors that University of New York, Oswego, New For the Nuclear Regulatory Commission.
the Commission will also consider, in York 13126.
Bartholomew c. Buckley, g,
y p
reviewing t'ntimely requests or Dated at Rockville, Maryland, this 24th day Directorate 1, Dirlslon o/ Licensing Pmject petitions, set forth in 10 CFR of September 1999.
Afanagement, Office o/ Nuclear Reactor 2.1308(b)(1)-(2).
For the Nuclear Regulatory Commission.
Regulation.
Requests for a hearing and petitions Elinor G. Adensam, for leave to intervene should be served (FR Doc. 99-25472 Filed 9-29-99; 8:45 am]
Director, Project Dimctorate 1. Division of ersuwa cope 7swai-P upon (1) Mark J. Wetterhahn, counsel Licensing PmJect Management. Omce at for NMPC, at Winston & S*.rawn,1400 NuclearReactorRegulation.
L Street, NW, Washington, DC 20005
[FR Doc,99-25473 Filed 9-29-99; 8:45 aml NUCLEAR REGULATORY (tel: 202-371-5703; fax: 202-371-5950; BLuNG CODE 75B41-P COMMISSION e-mail: mwetterh@winston.com); (2)
Samuel Behrends IV, counsel for
[ Docket Nos. 50-387 and 50-388I NYSEG, at LeBoeuf, Lamb, Greene &
NUCLEAR REGULATORY MacRae, L.L.P.,1875 Connecticut COMMISSION PP&L, INC., (Susquehanna Steam Avenue, NW. Suite 1200, Washington, Electric Station, Units 1 and 2);
DC 20009-5728 (tel: 202-986-8018; fax: Poco Energy Company Exemption 202-986-8102; e-mail:
(Docket Nos. 50-277 and 50-278]
I sbehrend@llgm.com); (3) Kevin P.
PP&L, Inc., (PP&L or the licensee) is Callen, counsel for AmerGen, at Notice of Withdrawal of Application for Morgan, Lewis & Rocklus LLP,1800 M Amendments to Facility Operating the holder of Facility Operating License Nos. NPF-14 and NPF-22, which Street, NW, Washington, DC 20036-Licenses 5869 (tel: 202-467-7462: fax: 202-467-authorize operation of the Susquehanna 7176; e mail: Kpgallen@mlb.com); (4)
The US Nuclear Regulatory Steam Electric Station Units I and 2 the General Counsel, US Nuclear Commission (the Commission) has (SSES 1 & 2 or the facilities) at power Regulatory Commission Washington, granted the request of PECO Energy levels not to exceed 3441 megawatts
. DC 20555 (e-mail address for license Company (the licensee) to withdraw its thermal. The facilities consist of two tr:nsfer cases only: ogcit@nrc. gov); and application dated August 6,1999, for boiling-water reactors located at the (5) the Secretary of the Commission, US proposed amendments to Facility licensee's site in Salem Township, Nuclear Regulatory Commission.
Operating License Nos. DPR-44 and Luzerne County, Pennsylvania. The DPR-56 for the Peach Bottom Atomic licenses provide, among other things.
Washington, DC 20555-0001, Attention:
Power Station. Units 2 and 3, located in that the licensee is subject to all rules, Rulemakings and Adjudications Staff,in accordance with 10 CFR 2,1313.
York County, Pennsylvania.
regulations, and orders of the Nuclear The proposed exigent amendments Regulatory Commission (NRC, the The Commission willissue a notice or would have temporarily revised Commission) now or hereafter in effect.
order granting or denying a hearinE Technical Specification Surveillance U
request or intervention petition, Requirement 3.7.2.2, for the normal heat designating the issues for any hearing sink. The revision would have allowed Section IV.F.2.b of Appendix E to 10 that will be held and designating the a temporary increase to the limit for the CFR part 50 requires each licensee at Presiding Officer, A notice granting a average water temperature of the normal each site to conduct an exercise of its hearing will be published in the Federal heat sink from less than or equal to 90 onsite emergency plan every 2 years and R:gister and served on the parties to the cF to less than o. equal to 92 'F.
Indicates the exercise may be included hearing.
The Commission had previously in the full participation biennial An an alternative to requests for issued a Notice of Consideration of exercise required by paragraph 2.c.
hearing and petitions to intervene, by issuance of Amendments published in Paragraph 2.c requires offsite plans for November I,1999, persons may submit the Federal Register on August 13,1999 each site to be exercised biennially with written comments regarding the (64 FR 44243). However, by letter dated full participation by each offsite app!! cation for transfer of licenses, as September,23,1999, the licensee authority having a role under the plan.
provided for in 10 CFR 2,1305. The withdrew the proposed amendment During such biennial full-participation Commission will comider and,if '
application.
exercises, the NRC evaluates onsite I
appropriate, respond to these For further details with respect to this emergency preparedness activities and comments, but such comments will not action, see the application for the Federal Emergency Management otherwise constitute part of the amendments dated August 6,1999, and Agency (FEMA) evaluates offsite decisional record. Comments should be the licensee's letter dated September 23, emergency preparedness activities.
submitted to the Secretary, US Nuclear 1999, which withdrew the application PP&L successfully conducted a full-Regulatory Commission, Washington, for license amendments. The above participation exercise for SSES during DC 20555-001, Attention: Rulemakings documents are available for public the week of October 28.1997. By letter and Adjudications Staff, and should cite inspection at the Commission's Public dated January 29,1999, as the publication date and page number of Document Room, the Gelman Building, supplemented by letter dated May 24.
this Federal Register notice.
2120 L Street, NW., Washington, DC, 1999, the licensee requested an