ML23047A383

(2-15-2023 Email from J. Nelson to R. Guzman) Long Island Power Authority and Long Island Lighting Company Request for Threshold Determination

ML23047A383
Person / Time
Site:	Nine Mile Point
Issue date:	02/15/2023
From:	Nelson J Long Island Lighting Co, Long Island Power Authority
To:	Richard Guzman NRC/NRR/DORL/LPL1
References
Download: ML23047A383 (1)

Text

From: Joseph Nelson To: Richard Guzman Cc: Bobbi OConnor; Alex Pozdnyakov; Lisa Zafonte; David.Dardis@constellation.com; "jason.zorn@constellation.com"

Subject:

[External_Sender] Long Island Power Authority and LILCO d/b/a LIPA Request for Threshold Determination (Renewed FOL No. NPF-69)

Date: Wednesday, February 15, 2023 5:07:39 PM Attachments: LIPA LILCO NRC Threshold Determination Request 2 15 23 - signed.pdf

Dear Mr. Guzman:

As a follow-up to our prior conversations, I am forwarding a Request for Threshold Determination on behalf of the Long Island Power Authority (Authority) and its operating subsidiary, the Long Island Lighting Company d/b/a LIPA (LILCO d/b/a LIPA). Specifically, the Authority and LILCO d/b/a LIPA are seeking a Threshold Determination confirming that a planned dissolution of LILCO d/b/a LIPA through merger with the Authority--through which the 18% ownership interest in the Nine Mile Point 2 nuclear generating station (NMP2) will be held by the Authority as the surviving entity--would not constitute a transfer of control requiring prior written consent pursuant to Section 184 of the Atomic Energy Act of 1954 and 10 C.F.R. § 50.80.

As we further explain in the request, it is our understanding that, through a 1997-1998 review and authorization of the Authoritys acquisition of LILCO d/b/a LIPA, the Nuclear Regulatory Commission (NRC) already has considered and approved a transfer of control to the Authority over the 18% ownership and possessory interest in NMP2. Furthermore, the merger of LILCO d/b/a LIPA with the Authority will not change licensed activities, management or operations of NMP2. For these reasons and as further detailed in the attached request, the Authority and LILCO d/b/a LIPA are respectfully requesting expedited review and confirmation that the planned merger does not constitute an unauthorized transfer of control for which prior written consent of the NRC would be required under Section 184 of the Atomic Energy Act and 10 C.F.R. § 50.80. Should the NRC grant this Threshold Determination, the Authority will expeditiously submit an application, under 10 C.F.R. § 50.90, for a conforming amendment of Renewed Operating License No. NPF-69 to reflect the Long Island Power Authority as co-licensee.

We greatly appreciate your consideration of this Request for Threshold Determination and stand ready to answer any questions that the NRC may have on this matter. Thank you.

--Joseph B. Nelson Counsel to the Long Island Power Authority and Long Island Lighting Company d/b/a LIPA

Joseph B. Nelson Van Ness Feldman, LLP 1050 Thomas Jefferson Street, NW Washington, DC 20007 202-298-1894 (office) 202-246-7321 (cell)