ML20217M195
| ML20217M195 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 08/19/1997 |
| From: | Gutterman A MORGAN, LEWIS & BOCKIUS |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 9708220032 | |
| Download: ML20217M195 (5) | |
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AMn H. Gutterman 202 467 74.8 August 19,1997 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 Re:
IES Utilities Inc. (Duane Arnold Energy Center) NRC License No. DPR 49 On October 1,1996 IES Utilities Inc. ("lES"), the licensed operator and principal owner of the Duane Arnold Energy Center ("DAEC"), submitted a request for the Nuclear Regulatory Commission's consent, to the extent required by Section 184 of the Atomic Energy Act of 1954, and pursuant to 10 CFR Q $0.80, for transfer ofindirect control over the NRC license currently held by IES resulting from the proposed merger involving IES' parent, IES Industries Inc.
(" Industries"). The NRC published notice of consideration of the application in the Federal Register on February 26,1997 ( 62 Fed. Reg. 8783).
The IES application identified the principal regulatory approvals required for the proposed merger
+1 described the status of pending applications for regulatory approval. Since the application a submitted certain of the required regulatory approvals have been received and there has been s,gnificant progress in proceedings concerning the applications for other approvals. Attachment A provides the cunent status of required regulatory approvals and other updates to the information submitted in sul oort of the application, Based on the infonnation provided in Attachment A, it appears likely that the necessary approvals of the merger by other regulatory agencies will be received in October 1997, although it stili appears possible that such approvals may be received in September 1997. Accordingly, IES requests that NRC issue the requested approval ofindirect transfer of control by September 15, 1997.
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'9700220032 970819 PDR ADOCK O 1
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'LIS u.e if you require further information, please contact me at (202) 467 7468 or hir. John Franz at (319) 398 8162.
Sincerely,
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Ahin 11. Gutterman hiorgan, Lewis & Ilockius LLP Attorney for IES Utilities cc:
Regional Administrator NRC Region til NRR Project hianager, DAEC NRC Senior Resident inspector, DAEC hit. John F. Franz, Jr.
Attachments:
Attachment A -
Updates to information Requested by 10 CFR Part 50 Section 50.80
f' ATTACllMENT A Indirect Transfer of Control of NRC Licenses Update to information Requested by 10 CFR Part 50, Section 50.80 for Transfer of License in a submittal on October 1,1996, IES requested, to the extent required by Section 184 of the Atomic Energy Act of 1954, as amended, the consent of the Nuclear Regulatory Commission
("NRC"), pursuant to 10 CFR $ 50 80 for transfer ofindirect control over NRC License No.
DPR-49 currently held by IES Utilities Inc. ("lES"). Since that request was submitted the following events have occurred.
Ecderal Anorovals 1.
Federal Energy Regulatory Commission (FERC). By an order issued on January 15,1997, the FERC directed a hearing on certain specified matters. An Initial Decision on Rate and Merger issues was issued on July 3,1997 by the FERC Presiding Administrative Law Judge which found that with certain conditions the merger is in the public interest. The Order is now under review by the FERC commissioners, and a final FERC Order approving the proposed merger may be received as early as mid September 1997.
2.
Securities and Exchange Commission (SEC). On November 5,1996 the period for interested parties to file comments on the application to establish Interstate Energy Corporation as a registered holding company closed. A decision on the application is expected at the end of the third quarter of 1997.
3.
Denartment of Justice / Federal Trade Commission. The time within which the merger could be completed without further review has expired. The parties plan to file a renewed Premerger Notification and Report Forms in the near future. It is anticipated that the statutorily required 30-day waiting period will expire in September 1997.
State Anprovals 1.
Put>lic Service Commission of Wisconsin. The parties filed for approval of the holding company stnicture and for approval of the merger on March 1,1996.
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l llearings were conducted during June 1997, and a decision is anticipated in the third quaner of 1997.
2.
hiinnesota Public Utilities Commission. The parties filed for approval of the merger on hiarch 1,1996. On hfarch 24, the hiinnesota Public Utilities Commission issued its order granting approval for the merger with conditions.
3, Iowa Utilities Board. The panies resubmitted their application for approval of the merger on July 2,1997. A hearing regarding the merger was conducted in July 1997, and a decision is anticipated in the third quarter of 1997.
4.
Illinois Commerce Commission. On hiay 7,1997 the Illinois Commerce Commission (ICC) issued an order approving the proposed merger.
Changes to Organization and hianagement ofl_lcensee The current omeets oflES, all of whom are citizens of the United States, are:
hir. Lee Liu Chairman of the 130ard and Chief Executive Omccr Lany D. Roc t President and ChiefOperating Omcer Thomas hi. Walker Executive Vice President and Chief Financial Omcer John F. Franz, Jr.
Vice President, Nuclear Stephen W. Southwick Vice President, General Counsel and Secretary liarold W. Rchrauer Vice President, Field Operations Philip D. Ward Vice President, Generation Leland Cox Vice Presiden', Sales and Senice 2
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John E Ebright i
Controller and Chief Accounting Ollicer Dennis B. Vass Treasurer EFFECTIVE DATE IES requests that the NRC review this request on a schedule that will permit final action on it as promptly as possible and in any event before September 15,1997, e
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