ML20244D470

Forwards Executed Amend 2 to Indemnity Agreement B-106 & Opinion Ltr from Util Legal Counsel Re Signature Authority

ML20244D470
Person / Time
Site:	Seabrook
Issue date:	05/30/1989
From:	George Thomas PUBLIC SERVICE CO. OF NEW HAMPSHIRE
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20244D472	List: ML20244D470 ML20244D480
References
CON-#289-8715 NYN-89069, OL-1, NUDOCS 8906190074
Download: ML20244D470 (8)

Text

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Hay 30, 1989 '^~

United States Nuclear Regulatory Comnission Washington, DC 20555 Attention: Document Control Desk l l

References:

(a) Facility Operating License No. NPF-67 Docket No. 50-443 (b) USNRC Letter dated May 26, 1989, " Issuance of Facility Operating License NPF-67 Seabrook Station Unit No.1" Stephen A. Varga to Edward A. Brown

Subject:

Indemnity Agreement No. B-106 Gentlemen:

In accordance with your direction provided in Reference (b), enclosed please find an executed copy of Amendment No. 2 to Indemnity Agreement No. B-106. Also enclosed'is an opinion letter from our legal counsel, Ropes & Gray, regarding signature authority of the New Hampshire Yankee Division of Public Service Company of New Hampshire, Agent for the Joint-Owners of Seabrook Station.

Should you have any questions regarding this matter, please contact Mr. R. V. Romer at (603) 474-9521 extension 3425.

Very truly yours, I

-&K w George /S. Thomas Enclosure l

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New Hampshire Yankee Division of Public Service Company of New Hampshire

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P.0, Box 300

• Seobrook, NH 03874

• Telephone (603) 474-9521

United Station Nuclear Regulatory Commission- May 30, 1989

' Attentions- Document Control Desh Page 2-cc: Mr. Stephen A. Varga,' Director Division of Reactor Projects I/II Office of Nuclear Aeactor Regulation United States Nuclear Regulatory Commission Washington, DC 20555-Mr. William T. Russell Regional Administrator ,

United States Nuclear Regulatory Commission Region I 475 Allendale Road YJng of Prussia, PA 19406 l i

Mr. Victor Nerses Project Manager Project Directorate I-3 United States Nuclear Regulatory Commission Division of Reactor Projects Washington, DC 20555 NRC Senior Resident Inspector P.O. Box 1149 Seabrook Station, NH 03874 Service List l

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SERVICE LIST .

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Lando W. Zech, Jr., Chairman Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory -U.S. Nuclear Regulatory Commission Commissian One White Flint North one White Flint North 11555 Rockville Pike' 11555 Rockville Pike Rockville,.MD- 20852. Rockville, MD 20852

'Kenneth M. Carr, Commissioner James R. Curtiss', Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission I One-White Flint North one. White Flint North 11555 Rockville Pike 11555 Rockville Pike '

Rockville, MD 20852 Rockville, MD 20852

-i Kenneth C. Rogers, Commissioner William C. Parler, Esquire '

U.S.. Nuclear Regulatory General. counsel Commission. Office of the General Counsel l one White Flint North One White Flint North 11555 Rockville Pike 11555 Rockillie Pike.

Rockville, MD 20852 Rockville, MD' 20852 Alan S. Rosenthal, Chairman Howard A. Wilber <

Atomic Safety and Licensing Atomic Safety and Licensing .)

Appeal Panel. Appeal Panel' U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission

. East West Towers Building East West Towers Building l 4350' East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Thomas S. Moore Marjorie Nordlinger; Esquire Atomic Safety and Licensing Office of the General Counsel Appeal Panel One White Flint North U.S. Nuclear Regulatory 11555 Rockville Pike Commission Rockville, MD 20852 East West Towers Building 4350 East West Highway Sethesda, MD 20814

Administrative Judge Ivan Smith Administrative Judge Kenneth A.

Chairman, Atomic Safety and McCollom Licensing Board 1107 West Knapp Street U.S.' Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building 4350 East West Highway i Bethesda, MD 20814 Administrative Judge Richard F. Administrative Judge Peter B.

Cole, Atomic Safety and Bloch, Chairman, Atomic ,

Licensing Board Safety and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, Md 20814 Dr. Jerry Harbour Administrative Judge Emmeth A.

Atomic Safety and Licensing Luebke Board 4515 Willard Avenue U.S. Nuclear Regulatory Chevy Chase, MD 20815 Commission East West Towers Building 4350 East West Highway l Bethesda, MD 20814 Mr. Richard R. Donovan Diane Curran, Esquire )

Federal Emergency Management Andrea C. Ferster, Esquire Agency Harmon, Curran & Tousley 3 Federal Regional Center Suite 430 130 228th Street, S.W. l 2001 S Street, N.W.  !

Bothell, WA 98021-9796 Washington, DC 20009 )i Robert R. Pierce, Esquire John P. Arnold, Esquire Atomic Safety and Licensing Attorney General l Board George Dana Bisbee, Esquire U.S. Nuclear Regulatory Assistant Attorney General )

i Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350. East West Highway concord, NR 03301-6397 Bethesda, MD 20814 i

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,.' 't, Adjudicatory File '

Sherwin E. Turk,' Esquire-Atomic Safety and Licensing Office of General Counsel l Board Panel Docket (2 copies). U.S. Nuclear Regulatory j

U.S. Nuclear Regulatory Commission i Commission ~

East West Towers Building One White Flint North 15th Floor 4350 East West Highway 11555 Rockville Pike Bethesda,.MD 20814 Rockville, MD 20852

• Atomic Safety and Licensing Robert A. Backus,' Esquire Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory -116'Lowell' Street Commission P.O. Box:516 Washington, DC 20555  !'anchester, NH 03105 )

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Philip Ahrens,, Esquire Mr. J. P. Nadeau j Assistant Attorney General Selectmen's Office  !

Department of the Attorney 10 Central Road General Rye, NH. 03870 Augusta, ME 04333- >

Paul McEachern, Esquire John Traficonte, Esquire Shaines &.McEachern Assistant Attorney. General--

Maplewood Avenue P.O. Box 360 Department of the Attorney.

General Portsmouth, NH- 03801 One Ashburi:on Place,19th Floor ,

Boston, MA 02108 ,{

Mrs.' Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen .

City Manager RFD 1 - Box 1154 Route 107 City Hall ]

Kensington, NH 126 Daniel' Street 03827 Portsmouth, NH 03801

.* Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton &

Washington, DC 20510 Rotondi (Attn: Tom Burack) 79 State Street Newburyport, MA 01950

• Senator Gordon J. Humphrey Leonard Kopelman, Esquire One Eagle Square, Suite 507 Kopelman & Paige, P.C.

Concord, NH 03301 (Attn: Herb Boynton) 77 Franklin Street )

Boston, MA 02110 I

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re Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street

10. Front Street Amesbury, MA 01913 Exeter, NH 03833

, H. Joseph Flynn, Esquire Charles P. Graham, Esquire Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Agency Newburyport, MA 01950 500 C Street, S.W.  ;

Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NN 03842 Concord, NH 03301 Judith H. Mizner, Esquire Ashed N. Amir.4.an, Esquire ,

79 State Street, 2nd Floor 145 South Main Street Newburyport, MA 01950 P.O. Box 38 Bradford, MA 01835 James H. Carpenter, Alternate Robert Carrigg, Chairman Technical Member Board of Selectmen Atomic Safety and Licensing Town Office Board Panel Atlantic Avenue l U.S. Nuclear Regulatory North Hampton, NH 03862 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 k

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/ 'o g UNITED STATES

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WASHINGTON. D. C. 20555 f

Docie*tNo.50-443 AMENDMENT TO INDEMNITY AGREEMENT NO. B-106 i AMENDMENT NO. 2 d

Effective May 26, 1989 , Indemnity Agreement No. B-106, between Public Service Company of New Hampshire, the Connecticut Light and Power  ;

Company, Hudson Light and Power Department, Montaup Electric Company, New Hampshiro Electric Cooperative, Inc., The United Illuminating Company, Canal Electric Company, EUA Power Corporation. Massachusetts Municipal Wholesale Electric Company, New England Power Company, Taunton Municipal Lighting Plant, Vermont Electric Generation and Transmission Cooperative and the Nuclear Regulatory Comission, dated December 18, 1985, as amended, is hereby further amended as follows:

Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 3 - License number or numbers SNM-1963 (From12:01a.m., December 18, 1985, to 12 midnig t, October 16, 1986 inclusive NPF-56 (From12:01, October 17, 1986 to 12 midnig t, May 25, 1989 inclusive NPF-67 (From12:01a.m., tiay 26,1989 )

FOR THE U.S. NUCLEAR REGULATORY COMMISSION 01dO Cecil 0. Thomas, Chief

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Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nucitar Reactor Regulation

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2 Accepted , 1989 Accepted , 19891 ,;

By' * *-

By Public Service, Company . Canal Electric Company of New Hampshire Accepted 1989 Accepted '

, 1989 By

• But-

• The Connecticut. Light ' EllA Power Corporation and Power Company t Accepted , 1989- Accepted

, 1989 )

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By By

• 1 Hudson Light and Power l fiassachusetts flunicipal l Department Wholesale Electric Company 'j Accepted _ , 1989 Accepted , 1989 1

By i

gy Montaup Electric Company New England Power Company J i

Accepted 1989 Accepted , 1989 i

By By i

New Hampshire Electric Taunton Municipal  ;

Cooperative, Inc. Lighting Plant 1

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Accepted . 1989 Accepted l' , 1989 By By

• The United Illuminating Vermont Electric Generation Company and Transmission Cooperative

• By New Hampshire Yankee Division of Public Service Company of New Hampshire, as agent for each of the Joint Owners BY- *# =

Edward A. Brown -- President & CEO- Accepted May 30, 1989

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ROPES & GRAY ONE INTERNATION AL PLACE -

BOSTON, MASSACHUSETTS O2ilO-2624 30 rtNNEDY DLAZA l' 940ViCCNCC R L 02903 (617) 951-7000 80 01 PE NNS YLVANI A AVC N UE, N. W.

TELECOPIER: (687) 951-7050 f tLEcopiER' (4Cli 62t-09tO f202) 626-3900 i

May 30, 1989 J j

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United States Nuclear Regulatory Commission Washington, D.C. 20555 ,

i Re: Amendment No. 2 to Indemnity Acreement No. B-106 (

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Gentlemen:

l This opinion is being furnished to you in connection with the execution and delivery of Amendment No. 2 (the "Socond Amendment") to the Indemnity Agreement No. B-106, dated as of December 18, 1985, as heretofore amended (the

" Indemnity Agreement"), between the twelve Seabrook Owners, I acting through New Hampshire Yankee Division of Public Service Company of New Hampshire as(agent,the " Division") and the United Stater, Nuclear Regulatory Commission. The Seabrook I Owners are all named as licensees in Facility Operating License No. NPF-67.

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We have acted as counsel for Public Service Company of New Hampshire i

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("Public Service"), and more recently for the Division, in their respective and successive capacities as agent for the Seabrook Owners under the Agreement for Joint Ownership, Constr.ction and Operation of New Hampshire Nuclear Units, dated as of May 1, 1973, as amended (the i

" Joint Ownership Agreement"). We are familiar with the  !

j actions taken by Public Service to establish the Division and with the authorizing actions taken by the Seabrook Owners, {

including Public Service, with respect to the delegation of authority to the Division.

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j We have reviewed an executed copy 1 of the Indemnity Agreement, including both amendments thereto, and such other material as we deemed necessary for purposes of this opinion.

Based upon the foregoing, we are of the opinion that:

1. The Division has been duly established within the corporate structure of Public Service. The Joint Ownership Agreement grants Public Service authority to act as agent for

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. Ropts & GRAY f:

L United States Nuclear Regulatory May 30, 1989 commission the Seabrook Owners in connection with transactions such as those evidenced by the Indemnity Agreement, and that authority has, in accordance with the directive of the Joint Owners, been duly delegated to the Division.

2. Subject to the qualification stated in the last paragraph hereof, the Second Amendment to the Indemnity '

Agreement has been duly authorized, executed and delivered on  !

behalf of the Seabrook owners, acting through the Division as their agent under the Joint Ownership Agreement, and  !

constitutes a valid and binding obligation of each of the Seabrook Owners, enforceable in accordance with its terms. 1 Our opinion as to the enforceability of the Second Amendment to the Indemnity Agreement is qualified to the extent that enforceability may be limited by applicable  ;

bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and that general equitable principles may limit the right to obtain the remedy of specific performance of obligations thereunder or other equitable remedies.

Very truly yours, Rope

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& Gray U JAR /sml: am.nus.wa I

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