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:	Shawn Campbell Plant Licensing Branch III-2
To:	Leidich G FirstEnergy Nuclear Operating Co
Campbell S, NRC/NRR/DORL, 415-1486
References
TAC MD2182, TAC MD2183
Download: ML061590355 (8)

Text

July 3, 2006 Mr. Gary R. Leidich President 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 APPLICATION REGARDING 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 Proposed Corporate Restructuring related to the application dated June 6, 2006, filed by FirstEnergy Nuclear 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 restructuring under 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 Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412

Enclosure:

Notice cc w/encl: See next page

ML061590355 *NLO w/change OFFICE LPL3-2/PM LPL1-1/PM LPL3-2/LA LPL3-2/PM OGC

• LPL3-2/BC NAME SCampbell TColburn EWhitt DClarke SUttal DCollins (KNJabbour for)

DATE 6/9/06 7/3/06 6/9/06 6/9/06 6/27/06 7/3/06

Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Joseph J. Hagan Lew W. Myers Senior Vice President of Operations Executive Vice President, Special Projects and Chief Operating Officer FirstEnergy Nuclear Operating Company FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-GO-14 Mail Stop A-BV-SGRP 76 South Main Street P.O. Box 4, Route 168 Akron, OH 44308 Shippingport, PA 15077 Danny L. Pace Manager, Site Regulatory Compliance Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-GO-14 Mail Stop A-BV-A 76 South Main Street P.O. Box 4, Route 168 Akron, OH 44308 Shippingport, PA 15077 Jeannie M. Rinckel Commissioner James R. Lewis Vice President, Fleet Oversight West Virginia Division of Labor FirstEnergy Nuclear Operating Company 749-B, Building No. 6 Mail Stop A-GO-14 Capitol Complex 76 South Main Street Charleston, WV 25305 Akron, OH 44308 Director, Utilities Department David W. Jenkins, Attorney Public Utilities Commission FirstEnergy Corporation 180 East Broad Street Mail Stop A-GO-18 Columbus, OH 43266-0573 76 South Main Street Akron, OH 44308 Director, Pennsylvania Emergency Management Agency Manager, Fleet Licensing 2605 Interstate Dr.

FirstEnergy Nuclear Operating Company Harrisburg, PA 17110-9364 Mail Stop A-GHE-107 395 Ghent Road Ohio EPA-DERR Akron, OH 44333 ATTN: Zack A. Clayton P.O. Box 1049 James H. Lash Columbus, OH 43266-0149 Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SEB1 P.O. Box 4, Route 168 Shippingport, PA 15077

Beaver Valley Power Station, Unit Nos. 1 and 2 (continued) cc:

Dr. Judith Johnsrud Environmental Coalition on Nuclear Power Sierra Club 433 Orlando Avenue State College, PA 16803 Director Bureau of Radiation Protection Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Mayor of the Borough of Shippingport P.O. Box 3 Shippingport, PA 15077 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 298 Shippingport, PA 15077

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION FIRSTENERGY NUCLEAR OPERATING COMPANY FIRSTENERGY NUCLEAR GENERATION CORP.

BEAVER VALLEY POWER STATION, UNITS 1 AND 2 DOCKET NOS. 50-334 AND 50-412 NOTICE OF CONSIDERATION OF APPROVAL OF APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING, AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Facility Operating Licenses, 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), regarding its ownership interests in BVPS, Units 1 and 2.

According to an application for approval filed by FirstEnergy Nuclear Operating Company (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. FE Solutions 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 of FirstEnergy Corp., while FENGenCo will be an indirect wholly-owned subsidiary of FirstEnergy Corp. 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 in the 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 of the licenses, if the Commission determines that the proposed corporate restructuring will not affect the qualifications of the licensee to hold the licenses, and that the transfer is otherwise consistent 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 written comments with regard to the license transfer application, are discussed below.

Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commissions 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 Commissions action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commissions 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 requests and 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, set forth 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 General Counsel, 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 the Commission, 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 or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing.

As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register 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 Agencywide Documents 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 in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 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 Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation