CERTIFICATE OF NOTIFICATION
filed by
THE SOUTHERN COMPANY
ALABAMA POWER COMPANY
GEORGIA POWER COMPANY
SOUTHERN NUCLEAR OPERATING COMPANY, INC.
Pursuant to orders of the Securities and Exchange Commission dated December 14,
1990 and December 13, 1991, in the matter of File No. 70-7530.
- - - - - - - - - - -
The Southern Company (Southern), Alabama Power Company (Alabama), Georgia Power
Company (Georgia) and Southern Nuclear Operating Company, Inc. (Southern
Nuclear) HEREBY CERTIFY to said Commission, pursuant to Rule 24, that the
operating licenses of the Edwin I. Hatch Nuclear Plant (Plant Hatch) and the
Vogtle Electric Generating Plant (Plant Vogtle) of Georgia have been amended to
add Southern Nuclear as operator of such plants in accordance with the terms and
conditions of and for the purposes represented by the statement on Form U-1, as
amended, and of said orders with respect thereto.
Filed herewith are the following exhibits:
Exhibit A - Letter of NRC evidencing amendment of Operating Licenses of
Plant Hatch.
Exhibit B - Letter of NRC evidencing amendment of Operating Licenses of
Plant Vogtle.
Exhibit C - Letter of Georgia advising the NRC of the official transfer of
operating responsibilities for Plant Hatch to Southern Nuclear.
Exhibit D - Letter of Georgia advising the NRC of the official transfer of
operating responsibilities for Plant Vogtle to Southern Nuclear.
Exhibit E - Opinion of Balch & Bingham LLP, counsel for Southern Nuclear.
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Dated June 13, 1997 THE SOUTHERN COMPANY
By /s/Tommy Chisholm
Tommy Chisholm
Secretary
ALABAMA POWER COMPANY
By /s/Wayne Boston
Wayne Boston
Assistant Secretary
GEORGIA POWER COMPANY
By /s/Wayne Boston
Wayne Boston
Assistant Secretary
SOUTHERN NUCLEAR OPERATING COMPANY, INC.
By /s/Wayne Boston
Wayne Boston
Assistant Secretary
EXHIBIT A
UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555-0001
March 17, 1997
Mr. Jack D. Woodard
Senior Vice President -
Nuclear Operations
Georgia Power Company
P. O. Box 1295
Birmingham, Alabama 35201
SUBJECT: ISSUANCE OF AMENDMENTS - EDWIN I. HATCH NUCLEAR PLANT, UNITS 1 AND 2
(TAC NOS. M84534 AND M84535)
Dear Mr. Woodard:
The Nuclear Regulatory Commission has issued the enclosed Amendment No. 203 to
Facility Operating License No. DPR-57 and Amendment No. 144 to Facility
Operating License NPF-5 for the Edwin I. Hatch Nuclear Plant, Units 1 and 2. The
amendments consist of changes to the Facility Operating Licenses, Technical
Specifications, and the Environmental Protection Plan in response to your
application dated September 18, 1992, as supplemented October 6, 8, 15, 23, and
November 13 and 20, 1992, March 5, May 24, June 10, and December 20, 1993, April
6 and July 28, 1995, and September 11, October 1, December 13, 19, and 23, 1996.
The amendments modify the Facility Operating Licenses, Technical Specifications,
and Environmental Protection Plan to add Southern Nuclear Operating Company,
Inc., as operator of the facility, with exclusive responsibility and control
over its physical construction, operation, and maintenance.
The transfer of any right under the operating licenses is subject to NRC
approval in accordance with 10 CFR 50.80(a). This approval is given in the
enclosed Order Approving Transfer of Licenses, which must be implemented within
60 days of its date of issuance, otherwise it shall become null and void.
However, upon written application and for good cause shown this date may be
extended. The Order is being forwarded to the Office of the Federal Register for
publication.
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J. D. Woodard - 2 -
A copy of the related Safety Evaluation is also enclosed. A Notice of Issuance
will be included in the Commission's biweekly Federal Register notice.
Sincerely,
/s/Kahtan N. Jabbour
Kahtan N. Jabbour, Senior Project Manager
Project Directorate II-2
Division of Reactor Projects - I/II
Office of Nuclear Reactor Regulation
Docket Nos. 50-321 and 50-366
Enclosures: 1. Amendment No. 203 to DPR-57
2. Amendment No. 144 to NPF-5
3. Safety Evaluation
4. Order
cc w/encls: See next page
EXHIBIT B
UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555-0001
March 17, 1997
Mr. C. K. McCoy
Vice President - Nuclear
Vogtle Project
Georgia Power Company
P. O. Box 1295
Birmingham, Alabama 35201
Dear Mr. McCoy:
SUBJECT: ISSUANCE OF AMENDMENTS - VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND
2 (TAC NOS. M84531 AND M84532)
The Nuclear Regulatory Commission has issued the enclosed Amendment No. 97 to
Facility Operating License No. NPF-68 and Amendment No. 75 to Facility Operating
License NPF-81 for the Vogtle Electric Generating Plant (VEGP), Units 1 and 2.
The amendments consist of changes to the Facility Operating Licenses, Technical
Specifications, the Environmental Protection Plans, and Antitrust Conditions in
response to your application dated September 18, 1992, as supplemented by
letters dated October 7 (two letters), 15, 23, and November 13, 1992, March 5,
May 21, June 14, and December 17, 1993, April 6 and July 27, 1995, and September
11, October 1, December 12, 19, 23 and 30, 1996.
The amendments modify the Facility Operating Licenses, Technical Specifications,
Environmental Protection Plans, and Antitrust Conditions to add Southern Nuclear
Operating Company, Inc. (Southern Nuclear), as operator of the facility, with
exclusive responsibility and control over its physical construction, operation,
and maintenance.
The staff review of your application to transfer the VEGP operating licenses to
Southern Nuclear included consideration of numerous issues raised in a petition
received by the NRC under the provisions of 10 CFR 2.206. In addition, a
substantial record was developed during a proceeding conducted by the Atomic
Safety and Licensing Board that was initiated by a request for a hearing filed
with the NRC. The NRC Office of Investigations investigated certain issues that
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Mr. C. K. McCoy - 2 -
were the subject of allegations received by the NRC, and the staff performed
inspections. As a result of its review of the records of these activities and
the application, the staff finds sufficient basis to grant the proposed license
transfers.
The transfer of any right under the operating licenses is subject to NRC
approval in accordance with 10 CFR 50.80(a). This approval is given in the
enclosed Order Approving Transfer of Licenses, which must be implemented within
60 days of its date of issuance, otherwise it shall become null and void.
However, upon written application and for good cause shown, this date may be
extended. The Order is being forwarded to the Office of the Federal Register for
publication.
A copy of the related Safety Evaluation is also enclosed. A Notice of Issuance
will be included in the Commission's biweekly Federal Register notice.
Sincerely,
/s/Louis L. Wheeler
Louis L. Wheeler, Senior Project Manager
Project Directorate II-2
Division of Reactor Projects - I/II
Office of Nuclear Reactor Regulation
Enclosures:
1. Amendment No. 97 to NPF-68
2. Amendment No. 75 to NPF-81
3. Safety Evaluation
4. Order
cc w/enclosures:
See next page
EXHIBIT C
Georgia Power Company
40 Inverness Center Parkway
Post Office Box 1295
Birmingham, Alabama 35201
Nuclear Operations Department
March 18, 1997
Docket Nos. 50-321 HL-5342
50-366
U. S. Nuclear Regulatory Commission
ATTN: Document Control Desk
Washington, DC 20555
EDWIN I. HATCH NUCLEAR PLANT
SOUTHERN NUCLEAR OPERATING COMPANY, INC.
LICENSED OPERATOR DATE
NRC TAC Nos. M84534 and M84535
Gentlemen:
On March 17, 1997, the NRC approved and issued an amendment for Southern Nuclear
Operating Company, Inc. (Southern Nuclear) to become the licensed operator of
the Edwin I. Hatch Nuclear Plant. This approval was granted with the stipulation
that the license conditions be implemented within 60 days and upon the official
transfer of responsibilities between Georgia Power Company and Southern Nuclear.
This letter is to advise the NRC that effective March 22, 1997, Georgia Power
Company will officially transfer the responsibilities for operation of Edwin I.
Hatch Nuclear Plant to Southern Nuclear. As of that date, it is requested that
the NRC address their correspondence to Southern Nuclear rather than Georgia
Power Company as correspondence to the NRC will be transmitted from Southern
Nuclear. Mr. H. L. Sumner, Jr. should continue to be the addressee at the
following address on all such correspondence from the NRC:
Regular Mail (e.g. normal delivery)
Mr. H. L. Sumner, Jr.
Vice President
Southern Nuclear Operating Company, Inc.
Post Office Box 1295
Birmingham, Alabama 35201-1295
<PAGE>
Georgia Power
U. S. Nuclear Regulatory Commission Page Two
Street Address (e.g. Express Mail)
Mr. H. L. Sumner, Jr.
Vice President
Southern Nuclear Operating Company, Inc.
40 Inverness Center Parkway
Birmingham, Alabama 35242
A revised NRC distribution list for Southern Nuclear is attached.
Sincerely,
/s/H. L. Sumner, Jr.
H. L. Sumner, Jr.
Vice President- Nuclear
Hatch Project
HLS/JMG
Attachment
cc: Georgia Power Company
Mr. H. A. Franklin
Mr. W. G. Hairston, III
Mr. J. D. Woodard
Mr. P. H. Wells
U. S. Nuclear Regulatory Commission, Washington, D.C.
Mr. K. N. Jabbour, Licensing Project Manager
U. S. Nuclear Regulatory Commission, Region II
Mr. L. A. Reyes, Regional Administrator
Mr. B. L. Holbrook, Senior Resident Inspector
HL-5342
<PAGE>
ATTACHMENT
SOUTHERN NUCLEAR ADDRESSES FOR THE NRC DISTRIBUTION LIST
Mr. W. G. Hairston, III
President and Chief Executive Officer
Southern Nuclear Operating Company, Inc.
P. O. Box 1295
Birmingham, Alabama 35201-1295
Mr. J. D. Woodard
Executive Vice President
Southern Nuclear Operating Company, Inc.
P. O. Box 1295
Birmingham, Alabama 35201-1295
Mr. P. W. Wells
General Manager, Edwin I. Hatch Nuclear Plant
Southern Nuclear Operating Company, Inc.
11030 Hatch Parkway North
Baxley, Georgia 31513
Mr. D. M. Crowe
Manager, Licensing
Southern Nuclear Operating Company, Inc.
P. O. Box 1295
Birmingham, Alabama 35201-1295
HL-5342
EXHIBIT D
Georgia Power Company
40 Inverness Center Parkway
Post Office Box 1295
Birmingham, Alabama 35201
Nuclear Operations Department
March 18, 1997
Docket Nos. 50-424 LCV-0606G
50-425
TAC Nos. M84531
M84532
U. S. Nuclear Regulatory Commission
ATTN: Document Control Desk
Washington, DC 20555
VOGTLE ELECTRIC GENERATING PLANT
SOUTHERN NUCLEAR OPERATING COMPANY, INC.
LICENSED OPERATOR DATE
Gentlemen:
On March 17, 1997, the NRC approved and issued an amendment for Southern Nuclear
Operating Company, Inc. (Southern Nuclear) to become the licensed operator of
the Vogtle Electric Generating Plant. This approval was granted with the
stipulation that the license conditions be implemented within 60 days and upon
the official transfer of responsibilities between Georgia Power Company and
Southern Nuclear. This letter is to advise the NRC that effective March 22,
1997, Georgia Power Company will officially transfer the responsibilities for
operation of Vogtle Electric Generating Plant to Southern Nuclear. As of that
date, it is requested that the NRC address their correspondence to Southern
Nuclear rather than Georgia Power Company as correspondence to the NRC will be
transmitted from Southern Nuclear. Mr. C. K. McCoy should continue to be the
addressee at the following address on all such correspondence from the NRC:
Regular Mail (e.g. normal delivery)
Mr. C. K. McCoy
Vice President
Southern Nuclear Operating Company, Inc.
Post Office Box 1295
Birmingham, Alabama 35201-1295
<PAGE>
Georgia Power Company
U. S. Nuclear Regulatory Commission Page Two
Street Address (e.g. Express Mail)
Mr. C. K. McCoy
Vice President
Southern Nuclear Operating Company, Inc.
40 Inverness Center Parkway
Birmingham, Alabama 35242
A revised NRC distribution list for Southern Nuclear is attached.
Sincerely,
/s/C.K. McCoy
C. K. McCoy
CKM/JMG
Attachment
cc: Georgia Power Company
Mr. H. A. Franklin
Mr. W. G. Hairston, III
Mr. J. D. Woodard
Mr. J. B. Beasley
Mr. M. Sheibani
NORMS
U. S. Nuclear Regulatory Commission
Mr. L. A. Reyes, Regional Administrator
Mr. L. L. Wheeler, Licensing Project Manager, NRR
Mr. C. R. Ogle, Senior Resident Inspector, Vogtle
LCV-0606G
<PAGE>
ATTACHMENT
SOUTHERN NUCLEAR ADDRESSES FOR THE NRC DISTRIBUTION LIST
Mr. W. G. Hairston, III
President and Chief Executive Officer
Southern Nuclear Operating Company, Inc.
P. O. Box 1295
Birmingham, Alabama 35201-1295
Mr. J. D. Woodard
Executive Vice President
Southern Nuclear Operating Company, Inc.
P. O. Box 1295
Birmingham, Alabama 35201-1295
Mr. J. B. Beasley
General Manager, Vogtle Electric Generating Plant
Southern Nuclear Operating Company, Inc.
P. O. Box 1600
Waynesboro, Georgia 30830
Mr. J. A Bailey
Manager, Licensing
Southern Nuclear Operating Company, Inc.
P. O. Box 1295
Birmingham, Alabama 35201-1295
Exhibit E
Balch & Bingham LLP
1901 Sixth Avenue North
Birmingham, Alabama 35203
(205) 251-8100
June 13, 1997
Securities and Exchange Commission
Washington, DC 20549
RE: Statement on Form U-1 of
The Southern Company
Georgia Power Company
Alabama Power Company
Southern Nuclear Operating Company, Inc.
(File No. 70-7530)
Ladies and Gentlemen:
We are familiar with the statement on Form U-1, as amended, referred to
above relating to the organization by The Southern Company of Southern Nuclear
Operating Company, Inc. (SNC) to provide certain nuclear operations, technical
services and administrative services to Alabama Power Company and Georgia Power
Company all as described in such statement, and we are familiar with the
proceedings thereunder.
We are of the opinion that:
(a) SNC is validly organized and duly existing as a corporation under
the laws of the State of Delaware;
(b) all State laws applicable to the transactions described in such
Form U-1 have been complied with;
(c) the consummation of such transactions were carried out in
accordance with the above-mentioned statement on Form U-1, as
amended, and did not violate the legal rights of the holders of
any securities issued by SNC or any associate company thereof.
<PAGE>
Securities and Exchange Commission
June 13, 1997
Page 2
We hereby give our written consent to the use of this opinion in
connection with the above-mentioned statement on Form U-1 and to the filing
hereof with the Commission at the time of filing of the certificate pursuant to
Rule 24.
Very Truly Yours
/s/Balch & Bingham LLP