[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Notices]
[Pages 31330-31331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14502]
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NUCLEAR REGULATORY COMMISSION
[Docket No 50-458 (License No. NPF-47)]
Gulf States Utilities Entergy Corporation, Entergy Operations,
Inc., (River Bend Station, Unit 1); Order Approving Transfers and
Notice of Issuance of License Amendments
I
On November 20, 1985, pursuant to 10 CFR part 50, License No. NPF-
47 was issued, under which Gulf States Utilities Company (GSU) is
authorized to operate and hold a 70 percent ownership share in River
Bend Station, Unit 1 (River Bend), which is located in West Feliciana
Parish, Louisiana.
II
In June 1992, GSU and Entergy Corporation (Entergy) entered into an
agreement providing for the combination of the businesses of their
companies. In accordance with the merger plan, GSU, following the
merger, will continue to operate as an electric utility, but as a
subsidiary of a new holding company to be named Entergy Corporation,
with its electric operations fully intergrated with those of the
Entergy System. Upon consummation of the proposed business combination
and subject to the receipt of the ncessary approvals, Entergy
Operations Inc. (EOI), on behalf of the owners, will assume operations
and managerial responsibility for River Bend.
III
To implement the business combination, GSU appled to the U.S.
Nuclear Regulatory Commission (NRC) for two license amendments to
license NPF-47, by two letters dated January
[[Page 31331]]
13, 1993, as supplemented by later filings. Under these requested
license amendment, the license would reflect the transfer of ownership
of GSU to become a wholly-owned susbisdiary of Entergy as a result of a
merger between GSU and Entergy, and control over the operation of River
Bend would be transferred from GSU to EOI, another wholly-owned
subsidiary of Entergy. Notice of these applications for transfer and
proporsed no significant hazards consideration determinations were
published in the Federal Register on July 7, 1993 (58 FR 36435 and 58
FR 36436).
IV
This Order was originally issued on December 16, 1993. By other
dated March 14, 1995, the Court of Appeals for the D.C. Circuit ordered
that the two orders for (1) the merger of Gulf States Utilities and
Entergy and (2) the operation of River Bend Station by EOI be vacted
and the case remanded to the NRC.
V
The transfer of rights under license NPF-47 is subject to the NRC's
approval under 10 CFR 50.80. Based on information provided by GSU and
Entergy, and other information before the Commission, it is determined
that the proposed transfer of the control of operations of River Bend
from GSU to EOI, and the proposed transfer of ownership of GSU to
Entergy, subject to the conditions set forth herein, are in the public
interest and are consistent with the applicable provisions of law,
regulations and orders issued by the Commission. These actions were
evaluated by the staff as documented in Safety Evaluations, dated
December 16, 1993, which contain final no significant hazards
consideration determinations. The conditions of the transfer, to which
GSU has not objected, are:
2.C.(3) Antitrust Conditions
a. GSU shall comply with the antitrust license conditions set forth
in Appendix C, attached hereto and incorporated in this license.
b. EOI shall not market or broker power or energy from River Bend
Station, Unit 1. GSU is responsible and accountable for the actions of
its agent, EOI, to the extent said agent's actions affect the marketing
or brokering of power or energy from River Bend Station, Unit 1 and, in
any way, contravene the antitrust conditions of this paragraph or
Appendix C of this license.
2.C.(16) Merger Related Reports
GSU shall inform the Director, NRR:
a. Sixty days prior to a transfer (excluding grants of security
interests or liens) from GSU to Entergy or any other entity of
facilities for the production, transmission or distribution of electric
energy having a depreciated book value exceeding one percent (1%) of
GSU's consolidated net utility plant, as recorded on GSU's books of
account.
b. Of an award of damages in litigation initiated against GSU by
Cajun Electric Power Cooperative regarding River Bend within 30 days of
the award.
VI
Accordingly, pursuant to sections 103, 105, 161b, 161i, and 187 of
the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201 et seq. and
10 CFR part 50, it is hereby ordered That the transfers to Entergy
Corporation and Entergy Operations Inc., discussed above, are approved,
and notice is given that license amendments providing for the transfer
of control of operation of River Bend to EOI, subject to the license
conditions set our and herein, and the transfer of ownership of GSU to
Entergy are issued, effective immediately.
Dated at Rockville, MD., this 8th day of June 1995.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 95-14502 Filed 6-13-95; 8:45 am]
BILLING CODE 7590-01-M
