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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARDD-99-13, Director'S Decision DD-99-13 Denying Enforcement Actions Requested in Petition Re Util & Senior Nuclear & Corporate Mgt for Submitting Altered 1994 Employee Record to NRC at Predecisional Enforcement Conference on 9605101999-10-28028 October 1999 Director'S Decision DD-99-13 Denying Enforcement Actions Requested in Petition Re Util & Senior Nuclear & Corporate Mgt for Submitting Altered 1994 Employee Record to NRC at Predecisional Enforcement Conference on 960510 ML20217H9441999-10-20020 October 1999 Petition of Chge,Long Island Power Authority & Rg&E to Intervene & Request for Hearing.* Seeks NRC Authorization to Transfer Authority to Possess,Use & Operate NMP Units 1 & 2 to Amergen Energy Co,Llc.With Certificate of Svc ML20217F7851999-10-20020 October 1999 Petition of E Spitzer,Attorney General of State of New York, for Leave to Intervene.* Attorney General Seeks to Intervene Proceedings Before NRC to Review Evidence & to Develop Recommendations to NRC Re Similar Issues ML20216F6731999-09-17017 September 1999 Comment Opposing Proposed Rules 10CFR50 & 72.Recommends That Proposed Section 10CFR50.73(a)(2)(ii)(C) Not Be Promulgated & Reporting Rule Be Returned to Form That Resolve Pressure Relief Panel Reporting Issue in Advance Notice of Pr ML20211P5851999-09-10010 September 1999 Application for Order & Conforming Administrative Amends for Transfer of Licenses DPR-63 & NPF-69 to Amergen Energy Co, LLC ML20211Q7131999-09-0909 September 1999 Comment Opposing Proposed Rule 10CFR50 Re Consideration of Potassium Iodide in Emergency Plans & Supporting NEI Position Urging NRC to Deny Petition ML20211P5421999-06-29029 June 1999 Response of Niagara Mohawk Power Corp to NRC Request for Comments on 990405 Petition Filed by R Norway Pursuant to 10CFR2.206.Petitioner Request for Institution of Proceeding & Other Relief Should Be Denied in Entirety ML17059C6821999-06-0707 June 1999 Affidavit of SV Lant Seeking Extension of Expiration Date for Nmpns,Unit 2 ML17059C6791999-06-0707 June 1999 Requests Extension of Expiration of Order,Dtd 980719,issued by Commission for Nmpns,Unit 2 ML20206E8181999-05-0303 May 1999 Comment Opposing Proposed Rules 10CFR170 & 171 Re Revs to License,Insp & Annual Fees for FY99 ML20206N4451999-04-30030 April 1999 Comment Supporting Draft RG DG-1083, Content of UFSAR 10CFR50.71(e) ML20205K7811999-04-0909 April 1999 Comment on Petition for Rulemaking PRM-50-64 Re Joint & Several Liability of non-operating co-owners of NPPs ML20206M2201999-04-0505 April 1999 Petition Addressing Deliberate Violation of NRC Regulations & Potential Criminal Violation of Federal Laws on Part of Senior Nuclear & Corporate Managers of Niagara Mohawk Power Corp & Deliberate Violation of NRC Regulations ML20198K2231998-12-22022 December 1998 Forwards Comments Re Various Aspects of Proposed Rulemaking, 10CFR50.59, Changes,Tests & Experiments, as Published in Fr on 981021.Util Supports Proposed Rulemaking,As Drafted by Commission ML17265A3931998-07-31031 July 1998 Request for Consent to Corporate Reorganization.Rg&E Is Restructuring to Adopt Holding Company Form of Corporate Organization as Authorized by New York State PSC ML17059C1661998-07-21021 July 1998 Request for Consent to Indirect Transfer of Control Over Nine Mile,Units 1 & 2,operating Licenses in Connection W/Creation of New Holding Company.W/Securities & Exchange Commission Financial Info ML20217H0761998-04-28028 April 1998 Order Prohibiting Involvement in NRC-licensed Activities (Effective Immediately).Orders That TC Johnson Be Prohibited from Engaging in Activities Licensed by NRC for 5 Years from Date of Order ML20217G8271998-04-28028 April 1998 Order Prohibiting Involvement in NRC-licensed Activities (Effective Immediately).Orders That Am Nardslico Be Prohibited from Any Involvement in NRC Activities for Period of 3 Yrs After 5 Yr Period of Prohibition Has Expired ML20217F4281998-03-19019 March 1998 Order Approving Application Re Restructuring of New York State Electric & Gas Corp by Establishment of Holding Company Affecting License NPF-69,Nine Mile Point Nuclear Station,Unit 2 ML20198H9891997-12-29029 December 1997 Order Approving Application Re Acquisition of Long Island Lighting Co by Long Island Power Authority.Orders That Commission Approves Application,Subj to Listed Conditions ML20149G9451997-07-17017 July 1997 Comment on Draft Regulatory Guide DG-1050 (Rev 12 to Regulatory Guide 1.147),Inservice Insp Code Case Acceptability,Asme Section Xi,Div 1 ML20134D1291997-01-0606 January 1997 Transcript of 970106 Public Meeting in Rockville,Md Re Issues Associated W/Nrc Enforcement Action EA 96-079 ML20094K6921995-11-0909 November 1995 Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste ML20098D0151995-09-29029 September 1995 Comment on Proposed NRC Bulletin 95-XX, Potential Plugging of Emergency Core Cooling Suction Strainers by Debris in Boiling Water Reactors & Regulatory Guide DG-1038, Water Sources for Long-Term Recirculation Cooling Following Loca ML20091R1441995-08-30030 August 1995 Comment Supporting Revised NRC SALP Program ML20086M7951995-07-0303 July 1995 Comment Supporting Proposed GL 95-XX, Process for Changes to Security Plans W/O Prior NRC Approval ML20086L0121995-06-30030 June 1995 Comment Supporting Proposed Rule 10CFR50 Re Changes in Frequency Requirements for Emergency Planning & Preparedness Exercises from Annual to Biennial ML20085E5551995-06-17017 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20059L4911994-01-28028 January 1994 Comment on Draft NUREG-1482, Guidelines for Inservice Testing at Npp. Recommends That Engineering Analysis Be Performed to Determine Acceptability of Pump or Valve for Continued Operation Re Frequency Testing for Pumps & Valves ML20056G4121993-08-31031 August 1993 Comment Supporting Proposed Rule 10CFR2 Re Review of 2.206 Process ML20044E5791993-05-20020 May 1993 Forwards Comments for Consideration Into NRC Commercial Grade Procurement Insp Procedure 38703 ML20044E1601993-04-30030 April 1993 Comment Supporting Petition for Rulemaking PRM-50-58 Re VEPCO Petition to Change Frequency of Emergency Planning Exercises from Annual to Biennial ML20127J8981992-10-28028 October 1992 Affidavit of Bl Ridings in Support of Petition for Emergency Action & Request for Public Hearing ML18038A7211992-10-28028 October 1992 Petition for Emergency Enforcement Action Against Facility, Which Is Operating in Violation of NRC & Federal Requirements for Availability of ECCS High Pressure Core Injection & Request for Public Hearing ML20127D9321992-09-0303 September 1992 Comment on Proposed Rule 10CFR72 Re Approval of Two Addl Dry Cask Storage Designs.Opposes Rule ML20101F6641992-06-11011 June 1992 Comment Supporting Proposed Rules 10CFR19 & 20 Re Proposed Rule to Extend Implementation of New 10CFR20 ML20091Q8661992-01-31031 January 1992 Comment Opposing Draft NUREG-1022,Rev 1, Event Reporting Sys,10CFR50.72 & 50.73,Clarification of NRC Sys & Guidelines for Reporting ML20073B3071991-04-12012 April 1991 Comment on Proposed Rule 10CFR50.55a Re Inservice Testing (IST) & Inservice Insp (Isi),Which Will Separate Ist/Isi Into Two Individual Sections.Change Will Help Clarify Which Requirements Are Applicable to Each ML20245H1021989-08-0202 August 1989 Transcript of 890802 Briefing in Rockville,Md Re Status of Facility.Pp 1-82.Supporting Documentation Encl ML20195H6181988-11-18018 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Util Supports NUMARC Comments & Urges NRC to Accord Full Consideration to NUMARC Detailed Remarks ML20247N7531988-07-28028 July 1988 Petition for Rulemaking PRM-50-53 Requesting NRC Action to Review Undue Risk Posed by BWR Thermal Hydraulic Instability.Nrr Should Issue Order Requiring All GE BWRs to Be Placed in Cold Shutdown for Stated Reasons ML20151C7471988-07-0808 July 1988 Comments on Proposed Rule 10CFR50 Re Cooperative Efforts Between State & NRC W/Respect to Commercial Nuclear Power Plants & Other Nuclear Production or Utilization Facilities ML20235D8301987-07-0101 July 1987 Transcript of Commission 870701 Discussion/Possible Vote in Washington,Dc Re Full Power OL for Facility.Pp 1-65. Supporting Documentation Encl ML20151B5281987-03-24024 March 1987 Comment Opposing Proposed Rule 10CFR50 Re Licensing of Nuclear Power Plants Where State &/Or Local Govts Decline to Cooperate in Offsite Emergency Planning ML20137U2481985-11-27027 November 1985 Unexecuted Amend 15 to Indemnity Agreement B-36 ML20138N1191985-11-18018 November 1985 Transcript of 851118 Meeting W/Util in Bethesda,Md to Discuss Const Schedule & Readiness for Fuel Load.Pp 1-61. Supporting Documentation Encl ML20138Q9841985-11-15015 November 1985 Memorandum & Order Granting Extension of 851130 Deadline to 860330 for Environ Qualification of Electrical Equipment. Served on 851115 ML20147G6971985-03-0505 March 1985 Partially Deleted Transcript of 850305 Investigative Interview (Closed Meeting) in Columbus,Oh.Pp 1-54.Related Documentation Encl ML20087A5441984-03-0101 March 1984 Resolution Submitted by Legislature of Erie County Requesting FERC & NRC Intevene to Halt Util Withdrawal from Project & State of Ny Public Svc Commission Investigate Util Actions ML20077F7581983-07-27027 July 1983 Petition for Withdrawal of Multiple Intervenor 830610 Petition for Leave to Intervene,Subj to Condition Allowing for Late Intervention,If Late Intervention Granted to Other Intervenors.Certificate of Svc Encl 1999-09-09
[Table view] Category:ORDERS
MONTHYEARML20217H0761998-04-28028 April 1998 Order Prohibiting Involvement in NRC-licensed Activities (Effective Immediately).Orders That TC Johnson Be Prohibited from Engaging in Activities Licensed by NRC for 5 Years from Date of Order ML20217G8271998-04-28028 April 1998 Order Prohibiting Involvement in NRC-licensed Activities (Effective Immediately).Orders That Am Nardslico Be Prohibited from Any Involvement in NRC Activities for Period of 3 Yrs After 5 Yr Period of Prohibition Has Expired ML20217F4281998-03-19019 March 1998 Order Approving Application Re Restructuring of New York State Electric & Gas Corp by Establishment of Holding Company Affecting License NPF-69,Nine Mile Point Nuclear Station,Unit 2 ML20198H9891997-12-29029 December 1997 Order Approving Application Re Acquisition of Long Island Lighting Co by Long Island Power Authority.Orders That Commission Approves Application,Subj to Listed Conditions ML20138Q9841985-11-15015 November 1985 Memorandum & Order Granting Extension of 851130 Deadline to 860330 for Environ Qualification of Electrical Equipment. Served on 851115 ML20058K7101973-12-18018 December 1973 Memorandum & Order.* Order Requesting Derating of Certain BWRs ML20127J3481973-08-0606 August 1973 Memorandum & Order Re Petition for Derating of Certain BWRs 1998-04-28
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- UNITED STATES OF AMERICA NUCLEAR REGULATORY CC"'SSION
' In the Matter of W
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NEW YORK STATE ELECTRIC & GAS ) Docket No.' 50 410
. CORPORATION )
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(Nine Mile Point Nuclear Station )
Unit No. 2) )-
ORDER APPROVING APPLICATION REGARDING RESTRUCTURING OF NEW
- YORK STATE ELECTRIC & GAS CORPORATION BY ESTABLISHMENT OF A HOLDING COMPANY AFFECTING LICENSE NO. NPF-69, NINE MILE POINT NUCLEAR STATION, UNIT NO. 2 1.
New York State Electric & Gas Corporation (NYSEG) is licensea by the U.S. Nuclear -
. Regulatory Commission (NRC or Commission) to own and possess an 18-percent interest in Nine Mile Point Nuclear Station, Unit 2 (NMP2), under Facility Operating License No. NPF-69, issued by the Commission on July 2,1987. In addition to NYSEG, the other owners who may
. possess, but not operate, NMP2 are Long Island Lighting Company with an 18-percent interest,
. Rochester Gas and Electric Corporstion with a .14-percent interest, and Central Hudson Gas &
Electric Corporation with s '9-percent interest. Niagara Mohawk Power Corporation (NMPC) owns a 41-percent interest in NMP2, is authorized to act as agent for the other owners, and has exclusive responsibility and control over the operation and maintenance of NMP2 NMP2 is .
+. located in the town of Scriba, Oswego County, New York.
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Under cover of a letter dated September 18,1997, from its counsei, NYSEG submitted an
. application for consent by the Commission, pursuant to 10 CFR 50.80, regarding a proposed corporate restructuring action that would result in the indirect transfer of the operating license for NMP2 to the extent it is held by NYSEG As a result of the proposed restructuring, NYSEG
- would establish a new holding company and become a wholly owned subsidiary of the new holding company, not yet named, to be created as a New York State corporation in accordance with an executed " Agreement Conceming the Competitive Rate and Restructuring Plan of New York State Electric & Gas Corporation" (Settlement Agreement) forwarded as enclosures to supplemental letters to the application, dated October 20 and 27,1997. Under cover of a letter dated January 6,1998, counsel for NYSEG forwarded copies of an order by the Federal Energy Regulatory Commission authorizing the corporate restructuring, subject to certain specified conditions, and finding that the proposed restructuring will not adversely affect competition or have an anticompetitive effect. Similarly, under cover of a letter dated February 9,1998, counsel for NYSEG forwarded copies of the order, which was issued and effective January 27,1998, by the State of New York Public Service Commission (NYPSC), adopting the terms of the Settlement Agreement, sub}ect to certain modifications and conditions generally involving retail rate matters, and clarifying that NYSEG will have a reasonable opportunity to recover all prudently incurred NMP2 costs, subject to the dutv af the NYPSC to set just and reasonable
,ies.
According to the application, the outstanding shares of NYSEG's common stock (other than shares for which appraisal rights are property exercised) would be exchanged on a share-for-share basis for common stock of the holding company,'such that the holding company will n
. own all of the outstanding common stock of NYSEG. Under this restructuring, NYSEG would c divest its interest in coal-fired power plants but would continue to be an " electric utility" as defined e s c
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in 10 CFR 50.2 engaged in the transmission, distribution and, in the case of NMP2 and hydroelectric facilities, the generation of electricity. NYSEG would continue to be a licensee of'-
" NMP2, and no direct transfer of the operating license or interests in the statio,1 would result from the proposed restructuring. The transaction would not involve any change to either the m.
19ement organization or technical personnel of NMPC, which has exclusive responsibility under the operating license for operating and maintaining NMP2 and which is not involved in the prnposed restructuring.
Notice of this application for approval was published in the FEDERAL REGISTER on
. December 5,1997 (62 FR 64407), and an Enviror mental Assessment and Finding of No Significant impact was published in the FEDERAL REGISTER on January 16,1998 (63 FR 2701),:
Under 10 CFR 50.80, no license shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information submitted in the application of September 18,1997, as supplemented by submittals dated October 20 and 27,1997, and January 6 and February 9,1998, the NRC g
staff has determined that the restructuring of NYSEG by establishment of a holding company will not affect the qualifications of NYSEG as a holder of the license, and that the transfer of control of the licens for NMP2, to the extent effected by the restructuring, is otherwise consistent with
' applicable , visions of law, regulations, and orders issued by the Commission, subject to the conditions set forth herein. These findings are supported by a safety evaluation dated Mnech 19,1996.
Ill.
- Accordingly, pursuant to Sections 161b,~ 1611,161o, and 184 of the Atomic Energy Act of 1954, as amended,'42 USC $$ 2201(b),2201(i),2201(o), and 2234, and 10 CFR 50.80, IT IS .
HEREBY ORDERED that the Commission approves the application regarding the proposed
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restructuring of NYSEG by the establishment of a holding company, subject to the following: (1)
. NYSEG shallinform the Director of the Office of Nuclear Reactor Regulation,60 days prior to a transfer (excluding grants of security interests or liens) during any twelve month period from
. NYSEG to the holding company, or any direct or indirect subsidiary of the holding company, of facilities for the production, transmission, or distribution of electric energy (other than the transfer of NYSEG's seven coal-fired power plants) having a depreciated book value exceeding 10 -
percent (10%) of NYSEG's consolidated not utility plant, as. recorded on NYSEG's books of account, and (2) should the restructuring of NYSEG not be completed by March 19,1999, this Order shall become null and void, provided, however, on application sad for good cause shown, such date may be extended.
. This Order is effective upon issuance.
IV.
By Apri1 29, 1998, any person adversely affected by this Order may file a request for a hearing with respect to issuance of the Order. Any person requesting a hearing .
shall set forth with particularity how that interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is to be held, the Commission will issue an order designating the time and 3
place of the hearing.
. The issue to be considered at any such hearing shall be whether this Order should be sustained.
Any request for a hearing must be filed with the Secretary of the Commission, U.S.
. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to 11555 Rockville Pike, Rockville, Maryland, between 7;45 a.m. and 4:15 p.m. Federal workdays, by the above date. Copies should be also sent to the Office of the General Counsel, and to the Director, Office of Nuclear Reactor Regulation, U S. .
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Nuclear Regulatory Commission, Washington, DC 20555, and to Mr. Sherwood J. Rafferty, Senior Vice President and Chief Financial Officer, New York State Electric & Gas Corporation, j
P.O. Box 3287, Ithaca,'NY 14852; For further details with respect to this Order, see the application for approval dated September 18,1997, as supplemented by letters dated October 20 and 27,1997, and January 6 and February 9,1998, which are available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington,' DC, and at the local public document room located at the Reference and Documents Department, Penfield Library, State University of New York, Oswego, New York 13126.
FOR THE NUCLEAR REGULATORY COMMISSION f
i Office of Nuclear Reactor Regulation Dated at Rockvills Maryland, this 19thday of March 1998.
.