[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Pages 47067-47068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23596]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-206, 50-361 and 50-362]
San Diego Gas and Electric Company (San Onofre Nuclear Generating
Station, Units 1, 2 and 3); Order Approving Application Regarding the
Corporate Restructuring of Enova Corporation, Parent of San Diego Gas
and Electric Company, by Establishment of a Holding Company With
Pacific Enterprises
I
San Diego Gas and Electric Company (SDG&E) is a co-owner of San
Onofre Nuclear Generating Station (SONGS), Units 1, 2 and 3, along with
Southern California Edison (SCE), The City of Riverside, California
(Riverside), and The City of Anaheim, California (Anaheim). SDG&E, SCE,
Riverside and Anaheim are co-holders of Possession Only License No.
DPR-13, and Facility Operating License Nos. NPF-10, and NPF-15, issued
by the U.S. Nuclear Regulatory Commission (the Commission) pursuant to
Part 50 of Title 10 of the Code of Federal Regulations (10 CFR Part 50)
on October 23, 1992, February 16, 1982, and November 15, 1982,
respectively. Under these licenses, SDG&E, SCE, Riverside, and Anaheim
have the authority to possess the San Onofre Nuclear Generating
Station, Units 1, 2 and 3, while SCE is authorized to operate Units 2
and 3. SONGS is located in San Diego County, California.
II
By letter dated December 2, 1996, SDG&E, through its counsel
Richard A. Meserve of Covington & Burling, informed the Commission that
its parent company, Enova Corporation was engaging in a corporate
restructuring plan with Pacific Enterprises that will result in the
creation of a holding company under the name Mineral Energy Company of
which Enova and Pacific Enterprises would become
[[Page 47068]]
subsidiaries. SDG&E would continue to be a subsidiary of Enova. Under
the restructuring, there will be no change in the capital structure of
SDG&E. SDG&E will continue to hold the SONGS licenses to the same
extent as presently held; there will be no direct transfer of the SONGS
licenses. The December 2, 1996, letter requested the Commission's
approval pursuant to 10 CFR 50.80, to the extent necessary, in
connection with the proposed restructuring. Notice of this request for
approval was published in the Federal Register on July 1, 1997 (62 FR
35532).
Under 10 CFR 50.80, no license shall be transferred, directly or
indirectly, through transfer of control of the license, unless the
Commission shall give its consent in writing. Upon review of the
information submitted in the letter of December 2, 1996, and other
information before the Commission, the NRC staff has determined that
the restructuring of Enova, parent company of SDG&E, will not affect
the qualifications of SDG&E as co-holder of the licenses, and that the
transfer of control of the licenses for SONGS, to the extent effected
by the restructuring of Enova, is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission,
subject to the conditions set forth herein. These findings are
supported by a Safety Evaluation dated August 29, 1997.
III
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C 2201(b), 2201(i),
2201(o), and 2234, and 10 CFR 50.80, It Is Hereby Ordered that the
Commission approves the application concerning the proposed
restructuring of Enova, parent company of SDG&E, subject to the
following conditions: (1) SDG&E shall provide the Director of the
Office of Nuclear Reactor Regulation a copy of any application, at the
time it is filed, to transfer (excluding grants of security interests
or liens) from SDG&E to its parent or to any other affiliated company,
facilities for the production, transmission, or distribution of
electric energy having a depreciated book value exceeding ten percent
(10%) of SDG&E's consolidated net utility plant, as recorded on SDG&E's
books of account; and (2) should the restructuring of Enova as
described herein not be completed by August 31, 1998, this Order shall
become null and void, provided, however, on application and for good
cause shown, such date may be extended.
This Order is effective upon issuance.
IV
By October 6, 1997, any person adversely affected by this Order may
file a request for a hearing with respect to issuance of the Order. Any
person requesting a hearing shall set forth with particularity how that
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.714(d).
If a hearing is to be held, the Commission will issue an order
designating the time and place of such hearing.
The issue to be considered at any such hearing shall be whether
this Order should be sustained.
Any request for a hearing must be filed with the Secretary of the
Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555,
Attention: Rulemaking and Adjudications Staff, or may be delivered to
the Commission's Public Document Room, the Gelman Building, 2120 L
Street, NW., Washington, D.C. by the above date. Copies should be also
sent to the Office of the General Counsel, and to the Director, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, D.C. 20555, and to Richard A. Meserve, Covington & Burling,
1201 Pennsylvania Avenue, NW., Post Office Box 7566, Washington, D.C.
20044-7566, attorney for SDG&E.
For further details with respect to this action, see the December
2, 1996 letter application, which is available for public inspection at
the Commission's Public Document Room, the Gelman Building, 2120 L
Street, NW., Washington, D.C., and at the local public document room
located at the Main Library, University of California, Irvine,
California 92718.
Dated at Rockville, Maryland, this 29th day of August 1997.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-23596 Filed 9-4-97; 8:45 am]
BILLING CODE 7590-01-P
