ML20210J850

Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1

ML20210J850
Person / Time
Site:	Seabrook
Issue date:	08/03/1999
From:	Collins S NRC (Affiliation Not Assigned)
To:	NORTH ATLANTIC ENERGY SERVICE CORP. (NAESCO)
Shared Package
ML20210J848	List: ML20210J842 ML20210J850 ML20210J868
References
NUDOCS 9908050122
Download: ML20210J850 (7)

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7590-01-P UNITED STATES GF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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NORTH ATLANTIC ENERGY SERVICE ) Docket No. 50-443 CORPORATION, et al., )

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(Seabrook Station Unit 1) )

J ORDER APPROVING TRANSFER OF LICENSE AND CONFORMING AMENDMENT l.

North Atlantic Energy Service Corporation (North Atlantic) is authorized to act as agent for the joint owners of the Seabrook Station Unit 1 (Seabrook) and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility as reflected in Operating License NPF-86. Montaup Electric Company (Montaup), one of the joint owners, hoks a 2.9 percent possessary interest in Seabrook. The Nuclear Regulatory Commission issued Operating License NPF-86 on March 15,1990, pursuant to Part 50 of Title 10 of the Code of Federal Regulations (10 CFR Part 50). The facility is located in Seabrook Township, Rockingham County, on the southeast coast of the State of New Hampshire.

II.

Under cover of a letter dated September 29,1998, North Atlantic forwarded an application by Montaup and Little Bay Power Corporation (Little Bay) requesting approval of the proposed transfer of Montaup's rights under the operating license for Seabrook to Little Bay. The application was supplemented March 8,1999, and April 7,1999. In addition, the application requested apr oval of a conforming amendment to reflect the transfer.

9908050122 990803 PDR ADOCK 05000443 P PDR

1 Little Bay is a newly formed and wholly owned subsidiary of BayCorp Holdings, Ltd., which is the holding company that also owns Great Bay Power Corporation, an existing joint owner of Seabrook. According to the application, Montaup has agreed to sell its 2.9 percent ownership interest in Seabrook to Little Bay, subject to obtaining all necessary regulatory approvals. North Atlantic would remain as the Managing Agent for the joint owners of the facility and would continue to have exclusive responsibility for the rnanagernent, operation, and maintenance of Seabrook. The conforming amendment would remove Montaup from the facility operating license and would add Little Bay in its place.

Approval of the transfer and conforming license amendment was requested pursuant to 10 CFR 50.80 and 50.90. Notice of the application for approval and an opportunity for a hearing was published in the Federa/ Registeron December 14,1998 (63 FR 68801). Pursuant to such notico, joint Seabrook owners New England Power Company (NEP) and United lliuminating Company (United) filed, respectively, a timely intervention petition and hearing request, and an untimely intervention petition, and Massachusetts Municipal Wholesale Electric Company 4

(MMWEC) filed written comments. In an order dated March 5,1999, the Commission denied United's petition and granted NEP's intervention petition and hearing request. However, NEP's petition to intervene and hearing request were subsequently withdrawn, and an order was issued on April 26,1999, terminating the proceeding. The March 5,1999, order also referred MMWEC's comments to the staff. MMWEC's comments are addressed in the safety

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l evaluation.

l Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or l

ll indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information in the application submitted by Montaup and Little Bay dated September 29,1998, the supplements dated March 8, and April 7,1999, and l

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l other information before the Commission, the NRC staff has determined that Little Bay is l

qualified to hold the license to the same extent the license is now held by Montaup and that the transfer of the license to the extent it is held by Montaup to Little Bay is otherwise consistent I with applicable provisions of law, regulations, and orders issued by the Commission. The NRC staff has further found that the application for the proposed license amendment complies with i the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed i license amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendment will not be inimical to the common defense and  ;

security or to the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of tnv Commission's regulations, and all applicable requirements have been satisfied. The foregoing findings are supported by a safety evaluation dated August 3,1999.

Ill.

1 Accordingly, pursuant to Sections 161b,1611, and 184 of the Atomic Energy Act of 1954, as amended; 42 USC 9Q 2201(b),2201(i), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the license transfer referenced above is approved, subject to the following conditions:

1. For purposes of ensuring public health and safety, Little Bay shall provide decommissioning funding assurance of no less than $11.8 million, after payment of any taxes, in the Seabrook Decommissioning Trust Fund maintained and l

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administered by the State of New Hampshire under its applicable law upon the i

transfer of Montaup's interest in Seabrook to Little Bay.

2. - After they have received all required regulatory approvals of the transfer, Montaup and Little Bay shall inform the Director, Office of Nuclear Reactor Regulation, in i writing of the date of the closing of the transfer no later than two business days prior to the date of closing. Should the transfer not be completed by August 1,2000, this o Order shall become null and void, provided, however, on application and for good cause shown, such date may be extended.

IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), a license amendment that makes changes to conform the license to reflect the subject license transfer is approved.

Such amendment shall be issued and made effective at the time the proposed license transfer is completed.

This Order is effective upon issuance.

For further details with respect to this Order, see the application dated September 29,1998, and supplements dated March 8,1999, and April 7,1999, 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 roem located at the Exeter Public Library, Founders Park, Exeter, NH 03833.

Dated at Rockville, Maryland, this3rd day of Amst 1999.

FOR THE NUCLEAR REGULATORY COMMISSION ue so lins, Director Office of Nuclear Reactor Regulation

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, p & UNITED STATliS

,j NUCLLAR REGULATOR'r COMMISSION 2 WASHINGTON. D.C. 2055H1001

\...../ NORTH ATLANTIC ENERGY SERVICE CORPORATION. ET AL.*

DOCKET NO. 50-443 SEABROOK STATION. UNIT NO.1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.

License No. NPF-86

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment filed by the North Atlantic Energy Service Corporation, et al. (the licensee), dated September 29,1998, as supplemented March 8 and April 7,1999, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulatio'is of the Commission; C. There is reasonable assurar.ce (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and secunty or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

' North Atlantic Energy Service Corporation (NAESCO) is authorized to act as agent for the:

North Atlantic Energy Corporation, CanrJ Electric Company, The Connecticut Light and Po.ver Company, Great Bay Power Corporation, Hudson Light & Power Department, Massachusetts Municipal Wholesale Electric Company, Montaup Electric Company, New England Power

Company, New Hampshire Electric Cooperative, Inc., Taunton Municipal Light Plant, The l . United illuminating Company, and ha3 exclusive responsibility and control over the physical constnJction, operation, and maintenance of the facility.

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. 2. Accordingly, the license is amended as indicated in the attachment to this license amendment.

3. This license amendment is effective as of its date of issuance, and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION 1

Samuel J. Collins, Director  !

Oft.ce of Nuclear Reactor Regulation j

Attachment:

License Page 1 Date of issuance:

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. p' UNITED STATES l

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' A" NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055twoot i

. . . . . ,ci NORTH AT! ANTIC ENERGY SERVICE COMPANY. ET AL,* i l

l DOCKET NO. 50-443 l

SEABROOK STATION, UNIT NO.1 FACILITY OPERATING LICENSE 1

l License No. NPF-86 '

). The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for a license filed by the Public Service Company of New Hampshire, acting for itself and as agent and representative of the utilities listed in the footnote below, and for the North Atlantic Energy Service Company (NAESCO), all of whom are hereafter referred to as licensees, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Ac0, and the Commission's reguictions set forth in 10 CFR Chapter I; and all required notifications to other agencies or bodies have been duly made; B. Construction of the Seabrook Station, Unit No.1 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-135 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below);

D. There is reasonable assurance: (i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D below);

E. North Atlantic Energy Service Company is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I;

• North Atlantic Energy Service Company (NAESCO) is authorized to act as agent for the: North Atlantic Energy Company, Canal Electric Company, The Connecticut Light and Power Company, Great Bay Power Corporation, Hudson Light & Power Department, Massachusetts Municipal Wholesale Electric Company, Little Bay Power Corporation, New England Power l l

Company, New Hampshire Electric Cooperative, Inc., Taunton Municipal Light Plant, and The United Illuminating Company, and has exclusive responsibility and control over the physical construction, operation and maintenance of the facility.

AMENDMENT NO. 28