ML061590355

Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring, and Opportunity for a Hearing

ML061590355
Person / Time
Site:	Beaver Valley
Issue date:	07/03/2006
From:	Campbell S J Plant Licensing Branch III-2
To:	Leidich G R FirstEnergy Nuclear Operating Co
Campbell S J, NRC/NRR/DORL, 415-1486
References
TAC MD2182, TAC MD2183
Download: ML061590355 (8)

Text

July 3, 2006Mr. Gary R. LeidichPresident and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-19 76 South Main Street Akron, OH 44308

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATIONREGARDING PROPOSED CORPORATE RESTRUCTURING, AND OPPORTUNITY FOR A HEARING - BEAVER VALLEY POWER STATION UNITS 1 AND 2 (TAC NOS. MD2182 AND MD2183)

Dear Mr. Leidich:

Enclosed is a copy of a "Notice of Consideration of Approval of Application Regarding ProposedCorporate Restructuring" related to the application dated June 6, 2006, filed by FirstEnergyNuclear Operating Company. The application (pursuant to 10 CFR 50.80) seeks approval of the proposed indirect transfer of the licenses to the extent held by FirstEnergy Nuclear Generation Corp. (FENGenCo) that would result from the proposed corporate restructuringunder which FirstEnergy Solutions Corp. would become the direct corporate parent of FENGenCo.This notice is being forwarded to the Office of the Federal Register for publication.Sincerely,/RA/Stephen J. Campbell, Project ManagerPlant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-334 and 50-412

Enclosure:

Noticecc w/encl: See next page

ML061590355*NLO w/changeOFFICELPL3-2/PMLPL1-1/PMLPL3-2/LALPL3-2/PMOGC *LPL3-2/BCNAMESCampbellTColburnEWhittDClarkeSUttalDCollins(KNJabbour for)DATE 6/9/067/3/06 6/9/066/9/066/27/067/3/06 Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Joseph J. HaganSenior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308Danny L. PaceSenior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308Jeannie M. RinckelVice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308David W. Jenkins, AttorneyFirstEnergy Corporation Mail Stop A-GO-18 76 South Main Street Akron, OH 44308Manager, Fleet LicensingFirstEnergy Nuclear Operating Company Mail Stop A-GHE-107 395 Ghent Road Akron, OH 44333James H. LashVice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SEB1 P.O. Box 4, Route 168 Shippingport, PA 15077Lew W. MyersExecutive Vice President, Special Projects FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SGRP P.O. Box 4, Route 168 Shippingport, PA 15077Manager, Site Regulatory ComplianceFirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-A P.O. Box 4, Route 168 Shippingport, PA 15077Commissioner James R. LewisWest Virginia Division of Labor 749-B, Building No. 6 Capitol Complex Charleston, WV 25305Director, Utilities DepartmentPublic Utilities Commission 180 East Broad Street Columbus, OH 43266-0573Director, Pennsylvania Emergency Management Agency 2605 Interstate Dr.

Harrisburg, PA 17110-9364Ohio EPA-DERRATTN: Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149 Beaver Valley Power Station, Unit Nos. 1 and 2 (continued) cc:

Dr. Judith JohnsrudEnvironmental Coalition on Nuclear Power Sierra Club 433 Orlando Avenue State College, PA 16803DirectorBureau of Radiation Protection Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469Mayor of the Borough of Shippingport P.O. Box 3 Shippingport, PA 15077Regional Administrator, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406Resident InspectorU.S. Nuclear Regulatory Commission

P.O. Box 298 Shippingport, PA 15077 7590-01-PUNITED STATES NUCLEAR REGULATORY COMMISSIONFIRSTENERGY NUCLEAR OPERATING COMPANYFIRSTENERGY NUCLEAR GENERATION CORP. BEAVER VALLEY POWER STATION, UNITS 1 AND 2DOCKET NOS. 50-334 AND 50-412NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDINGPROPOSED CORPORATE RESTRUCTURING,ANDOPPORTUNITY FOR A HEARINGThe U.S. Nuclear Regulatory Commission (the Commission) is considering the issuanceof an order under 10 CFR 50.80 approving the indirect transfer of the Facility OperatingLicenses, Nos. DPR-66 and NPF-73, for the Beaver Valley Power Station (BVPS), Units 1 and 2, to the extent currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), regardingits ownership interests in BVPS, Units 1 and 2.According to an application for approval filed by FirstEnergy Nuclear OperatingCompany (FENOC), the licensed operator of BVPS, Units 1 and 2, acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE Solutions), a corporate restructuring is planned such that FE Solutions will become the new direct corporate parent of FENGenCo. FESolutions is currently a wholly-owned subsidiary of FirstEnergy Corp., as is FENGenCo. After the corporate restructuring, FE Solutions will continue to be a wholly-owned subsidiary ofFirstEnergy Corp., while FENGenCo will be an indirect wholly-owned subsidiary of FirstEnergyCorp. and a direct wholly-owned subsidiary of FE Solutions. The Ohio Edison Company and the Toledo Edison Company, which hold leased interests in BVPS, Unit 2 and are licensed to possess such interests, are not involved in the planned corporate restructuring.No physical changes to the BVPS facility or operational changes are being proposed inthe application.Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred,directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve the application for the indirect transfer ofthe licenses, if the Commission determines that the proposed corporate restructuring will notaffect the qualifications of the licensee to hold the licenses, and that the transfer is otherwiseconsistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and writtencomments with regard to the license transfer application, are discussed below.Within 20 days from the date of publication of this notice, any person whose interestmay be affected by the Commission's action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission's action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C "Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents,Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings," of 10 CFR Part 2. In particular, such requestsand petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, setforth in 10 CFR 2.309(c)(1)(i)-(viii). Requests for a hearing and petitions for leave to intervene should be served upon Mr. David W. Jenkins, Esq., address: 76 South Main Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037, and email: djenkins@firstenergycorp.com; the GeneralCounsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail address for filings regarding license transfer cases only: OGCLT@NRC.gov); and the Secretary of theCommission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305.The Commission will issue a notice or order granting or denying a hearing request orintervention petition, designating the issues for any hearing that will be held and designating thePresiding Officer. A notice granting a hearing will be published in the Federal Register andserved on the parties to the hearing.As an alternative to requests for hearing and petitions to intervene, within 30 days fromthe date of publication of this notice, persons may submit written comments regarding thelicense transfer application, as provided for in 10 CFR 2.1305. The Commission will considerand, if appropriate, respond to these comments, but such comments will not otherwiseconstitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakingsand Adjudications Staff, and should cite the publication date and page number of this FederalRegister notice.For further details with respect to this action, see the application dated June 6, 2006,available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville,Maryland. Publicly available records will be accessible electronically from the AgencywideDocuments Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located inADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or301-415-4737 or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland this 3rd day of July 2006. FOR THE NUCLEAR REGULATORY COMMISSION/RA/Stephen J. Campbell, Project ManagerPlant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation