ML043520236
| ML043520236 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 12/09/2004 |
| From: | Quennoz S Portland General Electric Co |
| To: | Document Control Desk, NRC/NMSS/SFPO |
| References | |
| +KBR1SISP20050517, VPN-070-2004 | |
| Download: ML043520236 (6) | |
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/PGE X Portland General Electric Company Trojan Nuclear Plant 71760 Columbia Roier Hwy Rainier, OR 97048 (503) 556-3713 December 9, 2004 VPN-070-2004 Trojan Nuclear Plant/ISFSI Docket Nos. 50-344/72-17 License Nos. NPF-1/SNM-2509 10 CFR § 50.80 10 CFR § 72.50 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Document Control Desk Director, Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 Response to Request for Additional Information Regarding Application for Consent to Indirect Transfer of Facility Licenses This letter provides Portland General Electric Company's ("PGE's") response to Nuclear Regulatory Commission ("NRC") Request for Additional Information ("RAI") dated November 29, 2004, regarding PGE's "Application for Consent to Indirect Transfer of Facility Licenses" ("Application"), submitted to the NRC by PGE on its own behalf and that of Oregon Electric Utility Company, LLC ("OEUC"), via PGE Letter VPN-020-2004 dated June 14, 2004, as supplemented by PGE Letter VPN-044-2004 dated September 29, 2004. The RAI consisted of five (5) questions arising from the NRC's review of the Application. The RAI questions and PGE's response to each question are provided below.
c Connecting People, Power and Possibilitiesv
VPN-070-2004 December 9, 2004 Page 2 of 6 RAI Ouestion I Describe approximately what percentageof PGE annual electricpower revenues are typically accountedforby: (1) wholesale sales under FERCjurisdiction;and (2) retailsales under OPUCjutrisdiction. If wholesale sales exceed 20percent of PGE's total revenue, state whether anys wholesale revenues are relied Upon to cover costs to complete decommissioningor to manage spentfitel.
PGE Response to RAI Question I Wholesale sales revenues from Federal Energy Regulatory Commission ("FERC")
jurisdictional sales in 2003 constituted approximately $489 million, or approximately 26.6 percent, of PGE's total operating revenues of approximately $1,841 million for that year.
(See FERC Form I Filing, at 300, 330. This number includes both "Sales for Resale", on page 300, line 11, and total "Revenue from Transmission of Electricity for Others" on page 330).
In 2003, retail sales under Oregon Public Utility Commission ("OPUC") jurisdiction constituted approximately $1,283 million, or approximately 69.7 percent, of PGE's total revenues of approximately $1,841 million. (Id. at 300, line 10). Wholesale revenues are not relied upon to cover costs to complete Trojan Nuclear Plant decommissioning or to manage spent fuel. Rather, as discussed in the Application, Trojan Nuclear Plant decommissioning and Independent Spent Fuel Storage Installation ("ISFSI") costs are paid from revenues collected in retail rates established by the OPUC. (See Application for Consent to Indirect Transfer of Facility Licenses, PGE Letter VPN-020-2004, at 12-13).
RAI Ouestion 2 Describe the currentpercentage offoreign capital ownership of each of the TPG limited partnerships,TPG PartnersIII L.P., and TPG PartnersIV, L.P., and of each of the TPG General Partners.
VPN-070-2004 December 9, 2004 Paye 3 of 6 PGE Response to RAI Question 2 The current percentage of foreign capital ownership for TPG Partners III, L.P. (and affiliated funds) is 12.76 percent. The current percentage of foreign capital ownership for TPG Partners IV, L.P. is 24.43 percent.
The TPG General Partners are organized as follows: the General Partners for TPG Partners III and TPG Partners IV are, respectively, TPG Genpar III, L.P. and TPG Genpar IV, L.P., each a Delaware limited partnership. The current percentages of foreign capital ownership for the limited partners in TPG Genpar III, L.P. and TPG Genpar IV, L.P. are, respectively, 5.36 percent and 7.64 percent. The General Partners of TPG Genpar III, L.P. and TPG Genpar IV, L.P. are, respectively, TPG Advisors III, Inc. and TPG Advisors IV, Inc., each a Delaware closely-held corporation. The percentage of foreign capital ownership for both TPG Advisors III, Inc. and TPG Advisors IV, Inc. is zero (0) percent, since both corporations are totally owned by U.S. citizens.
RAI Otuestion 3 Provide the information requiredin 10 CFR 50.33(d) as it applies to TPG itself:
PGE Response to RAI Question 3 10 CFR 50.33(d) reads:
(d) (1) If applicantis an individual, state citizenship.
(2) If applicantis a partnership,state name, citizenship and address of each partnerand the principallocation where the partnershipdoes business.
(3) Ifapplicantis a corporationor an unincotporated association, state:
(i) The state where it is incorporatedor organizedand the principal location where it does business; (ii) The names, addressesand citizenship of its directors and of its principalofficers;
VPN-070-2004 December 9, 2004 Page 4 of 6 (iii) Whether it is owvned, controlled, or dominated by an alien, a foreign corporation,orforeign government, and ifso, give details.
TPG does not have separate legal existence, but transacts business through a series of funds. The following information, pursuant to 10 C.F.R. 50.33(d)(3), applies to TPG Advisors III, Inc. and TPG Advisors IV, Inc. (see PGE Response to RAI Question 2 above):
(i) TPG Advisors III, Inc. and TPG Advisors IV, Inc. are both Delaware corporations. Each has its principal place of business at 301 Commerce Street, Suite 3300, Fort Worth, TX 76102 U.S.A.
(ii) The shareholders, directors, and officers of TPG Advisors III, Inc. and TPG Advisors IV, Inc., and their business addresses are listed below. Each of the three listed individuals is a U.S. citizen.
David Bonderman James G. Coulter William S. Price, III 301 Commerce Street 345 California Street 345 California Street Suite 3300 Suite 3300 Suite 3300 Fort Worth, TX 76102 San Francisco, CA 94104 San Francisco, CA 94104 (iii) Neither TPG Advisors III, Inc. nor TPG Advisors IV, Inc. is owned, controlled, or dominated by an alien, a foreign corporation, or foreign government.
RAI Question 4 Explain if and under what condition(s) and likely timing, a separateapplicationmight be submitted to the NRC regardinginterim ownership of PGE by a trust.
PGE Response to RAI Question 4 There will be no interim ownership of PGE by a trust. Consequently, a separate application for ownership of PGE by a trust will not be submitted to the NRC.
VPN-070-2004 December 9, 2004 Page 5 of 6 RAI Question 5 Providea current list of the members of the PGE Board of Directorsand their current citizezship. Provide the namies and citizenship of any other members in addition to those already identified in the applicationthat currentlyare anticipatedto be elected to the PGE Board either before, or after, closing theproposedsale.
PGE Response to RAI Question 5 The following list reflects the members of the PGE Board of Directors and their citizenship as of December 8, 2004.
Member Name Citizenship John W. Ballantine U.S.
Robert S. Bingham U.S.
Peggy Y. Fowler U.S.
Corbin A. McNeill, Jr., Chairman U.S.
Raymond S. Troubh U.S.
Robert H. Walls, Jr. U.S.
As reflected in the Application letters dated June 14, 2004, and September 29, 2004, upon closing of the Transaction, the PGE Board of Directors will consist of the following members:
Member Name Citizenship Member Name Citizenship David Bonderman U.S. Kirby Dyess U.S.
Kelvin Davis U.S. Maria Eitel U.S.
Peggy Fowler U.S. Jerry Jackson U.S.
Gerald Grinstein U.S. Duane McDougall U.S.
Tom Walsh U.S. Robert Miller U.S.
Peter 0. Kohler, M.D. U.S. M. Lee Pelton, Ph.D. U.S.
VPN-070-2004 December 9, 2004 Page 6 of 6 For purposes of answering questions concerning the information provided in this letter, please contact Douglas R. Nichols, General Counsel, Portland General Electric Company, Suite 1700, 121 SW Salmon St. Portland, OR 97204 (phone number 503-464-8402). Service of any comments, hearing requests, intervention petitions, or other filings should also be made to:
Samuel Behrends IV, LeBoeuf, Lamb, Greene & McRae, 1875 Connecticut Ave., N.W.,
Suite 1200, Washington, DC 20009 (sbehrendellgm.com) and Jay E. Silberg, Shaw Pittman LLP, 2300 N Street, N.W., Washington, DC 20037 (JaySilbergeshawvpittman.com).
Sincerely, Stephen M. Quennoz Vice President, Generation c: J. T. Buckley, NRC, NMSS A. F. McKeigney, NRC, NRR S. R. Hom, NRC, NRR C. M. Regan, NRC, NMSS, SFPO Director, DNMS, NRC Region IV David Stewart-Smith, ODOE Richard A. Ekleberry, TPG Partners III, L.P.
Mitch Taylor, Enron Corp.
David Koogler, Enron Corp.
Kenneth D. Beeson, EWEB Owners Committee representatives of BPA, PacifiCorp, and EWEB Larry Cable, Cable Huston Benedict Geoffrey Kronick, BPA Michael L. Ryan, Cleary, Gottlieb, Steen & Hamilton David Leinwand, Cleary, Gottlieb, Steen & Hamilton Brian P. Leitch, Arnold & Porter Jay Tabor, Weil, Gotshal & Manges LLP Michael M. Morgan, Tonkon Torp