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Examine the Regulatory Issues Associated with Consolidation Profit with Nuclear Power Conference September 18-19, 2000

Examine the Regulatory Issues Associated with Consolidation Profit with Nuclear Power Conference September 18-19, 2000. Janet E. B. Ecker. NRC’s Streamlined Hearing Process License Transfer Issues Transactions/Approvals Completed and Pending. NRC’s Streamlined Hearing Process. Key Features

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Examine the Regulatory Issues Associated with Consolidation Profit with Nuclear Power Conference September 18-19, 2000

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  1. Examine the Regulatory Issues Associated with ConsolidationProfit with Nuclear Power ConferenceSeptember 18-19, 2000 Janet E. B. Ecker

  2. NRC’s Streamlined Hearing Process • License Transfer Issues • Transactions/Approvals Completed and Pending

  3. NRC’s Streamlined Hearing Process • Key Features • No discovery • Accelerated pleading • Hearing based on written submissions • Possible oral hearing for presiding officer to ask questions • Staff can issue approval while hearing is pending

  4. NRC’s Streamlined Hearing Process (Continued) • NRC Approval Schedule • 4-6 months (no intervention) • 6-9 months (intervention) • NRC Staff - Time Constraints

  5. License Transfer Issues • Technical Qualifications • Financial Qualifications • Estimated O&M • Decommissioning Funding • Foreign Ownership and Control

  6. License Transfer Issues (continued) • No Antitrust Review • Existing antitrust conditions may be removed • Lack of NRC Framework for Resolving Antitrust Conditions

  7. Completed Transactions/Approvals • TMI-1 (GPU to AmerGen) • TMI Alert Intervention (threatened) • Pilgrim (Boston Edison to Entergy Nuclear) • Union intervention (settled) • Attorney General • Clinton (Illinois Power to AmerGen)

  8. Completed Transactions/Approvals (continued) • Beaver Valley 1 & 2 and Perry (Duquesne to First Energy) • Union comments/late intervention (denied) • Salem 1 & 2, Hope Creek, and Peach Bottom 2 & 3 (PSE&G Reorganization) • Crystal River (City of Tallahassee share to Florida Power Corp.)

  9. Completed Transactions/Approvals (continued) • Seabrook (Montaup Share to Little Bay) • NEP Intervention (settled) • Seabrook/Millstone 3 (indirect transfer of NEP share to National Grid) • Intervention by certain NU companies (settled) • Trojan (indirect transfer of PacifiCorp share to Scottish Power) • Quad Cities 1 & 2 (indirect transfer of MidAmerican shares to CAL Energy)

  10. Completed Transactions/Approvals (continued) • Susquehanna 1 & 2 (PPL reorganization) • Crystal River (Florida Power Corp merger with Carolina Power & Light) • Millstone 3 (Montaup share to NEP/NEES/National Grid) • Oyster Creek (GPU to AmerGen) • NIRS intervention (denied)

  11. Completed Transactions/Approvals (continued) • PECO/Unicom Merger (including indirect transfer of AmerGen plants) • Peach Bottom (Connectiv share to PECO and PSEG Nuclear) • Hope Creek/Salem (Connectiv shares to PSEG Nuclear)

  12. Completed Transactions/Approvals (continued) • Nuclear Management Company (operating authority for Duane Arnold, Monticello, Prairie Island 1 & 2, Point Beach 1 & 2, Kewaunee • Intervention by Indian Community, Water Office, et al. (denied) • Seabrook, Millstone 1, 2 & 3, Indian Point 1 & 2 (Consolidated Edison merger with Northeast Utilities) • Intervention by Coalitions Against Millstone

  13. Completed Transactions/Approvals (continued) • Monticello, Prairie Island 1 & 2 (Northern States Power merger with New Century Energies • Vermont Yankee (Vermont Yankee Nuclear Power Corporation to AmerGen Vermont) • Intervention by CAN and Vermont Ratepayer Advocate (pending)

  14. Pending Transactions • Fitzpatrick, Indian Point 3 (Power Authority of New York to Entergy Nuclear) • Intervention by Management Employees)

  15. Lessons Learned • NRC Schedule Vulnerabilities • Federal Register Notice Issuance • Commission Decisions on Hearing Requests • Delays in Other Regulatory Approvals • NRC Staffing Constraints

  16. Lessons Learned (continued) • Pre-filing Meetings with NRC not Always Required • Communications between NRC and Applicant’s Senior Management are Essential • Timing of Closing - Business Risks • Regulatory Approval • Hearing Request Status

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