ML19297E484
| ML19297E484 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry, 07201043, 07200069 |
| Issue date: | 10/24/2019 |
| From: | Desai S, Giannantonio R, Roma A, Stenger D FirstEnergy Nuclear Generation Corp, FirstEnergy Nuclear Operating Co, Hogan Lovells, US, LLP |
| To: | Annette Vietti-Cook NRC/OCM, NRC/SECY |
| SECY RAS | |
| References | |
| Beaver Valley, Davis-Besse, Perry (LT), License Transfer, RAS 55385 | |
| Download: ML19297E484 (3) | |
Text
October 24, 2019 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
) Docket Nos. 50-346 FIRSTENERGY NUCLEAR OPERATING COMPANY ) 50-440 FIRSTENERGY NUCLEAR GENERATION, LLC ) 50-334
) 50-412 (Davis Besse Nuclear Power Station, Unit 1) )
(Perry Nuclear Power Plant, Unit 1) )
(Beaver Valley Nuclear Power Station, Unit 1) )
(Beaver Valley Nuclear Power Station, Unit 2) )
________________________________________________)
Re: Notification of Updates Relevant to Pending Proceeding
Dear Ms. Vietti-Cook,
On August 9, 2019, FirstEnergy Nuclear Operating Company, on behalf of itself and FirstEnergy Nuclear Generation Company (together the Applicants), submitted an Answer (Answer)1 opposing the Petition for Leave to Intervene and Hearing Request (Petition)2 filed by the Environmental Law & Policy Center (ELPC). The Petition challenges the Applicants April 26, 2019 application for transfer of control of the licenses for the above-captioned nuclear power stations (the Application).
To keep the Commission informed as to new information that is relevant and material to the matters being adjudicated3 in this proceeding, the Applicants hereby notify the Commission of the submission of a supplement to the Application since the Answer was submitted that pertain to contentions proposed in ELPCs Petition.
(1) L-19-243, Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments (EPID-L-2019-LLM-0000) (Oct. 17, 2019)
(ADAMS Accession No. ML19290D432) (Supplement)
ELPCs Contention 2 generically challenges the Applicants and their affiliates financial qualifications, largely on the grounds that the financial statements presented in the Application 1
Applicants Answer Opposing the Environmental Law & Policy Centers Petition to Intervene and Hearing Request (Aug. 9, 2019) (ADAMS Accession No. ML19221B725).
2 The Environmental Law & Policy Center Petition to Intervene and Hearing Request (July 17, 2019) (ADAMS Accession No. ML19198A329).
3 Tenn. Valley Auth. (Browns Ferry Nuclear Plant, Units 1, 2 and 3), ALAB-677, 15 NRC 1387, 1394 (1982).
were premature prior to confirmation of a plan of reorganization for the Applicants and their affiliates to emerge from bankruptcy.4 The Supplement provides the order of the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division (Bankruptcy Court), dated October 16, 2019, confirming the FirstEnergy Solutions Corp., et al., Eighth Amended Joint Plan of Reorganization (Plan). As stated in the Supplement, the confirmed Plan does not materially impact the information provided in the Application.
Respectfully Submitted,
/S/ Signed (electronically) by Amy C. Roma Amy C. Roma Daniel F. Stenger Sachin Desai Hogan Lovells US LLP 555 13th Street NW, Washington D.C. 20004 202-637-6831 Amy.roma@hoganlovells.com Daniel.stenger@hoganlovells.com Sachin.desai@hoganlovells.com Counsel for FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear Generation, LLC Rick C. Giannantonio FirstEnergy Nuclear Operating Company 341 White Pond Drive Akron, Ohio 44320 330-315-6804 General Counsel of FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear Generation, LLC October 24, 2019 4
Petition at 9-10. For example, ELPC states that OwnerCos reliance on the pro forma income statement is premature prior to plan confirmation. Id. at 9.
2
October 24, 2019 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
) Docket Nos. 50-346 FIRSTENERGY NUCLEAR OPERATING COMPANY ) 50-440 FIRSTENERGY NUCLEAR GENERATION COMPANY ) 50-334
) 50-412 (Davis Besse Nuclear Power Station, Unit 1) )
(Perry Nuclear Power Plant, Unit 1) )
(Beaver Valley Nuclear Power Station, Unit 1) )
(Beaver Valley Nuclear Power Station, Unit 2) )
________________________________________________)
CERTIFICATE OF SERVICE I hereby certify that on October 24, 2019 copies of the above Notification of Updates Relevant to Pending Proceeding have been served through the U.S. Nuclear Regulatory Commission E-Filing system on the participants of the above-captioned proceeding.
Respectfully Submitted,
/S/ Signed (electronically) by Amy C. Roma Hogan Lovells US LLP 555 13th Street NW, Washington D.C. 20004 202-637-6831 Amy.roma@hoganlovells.com Counsel for FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear Generation, LLC October 24, 2019