[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62230-62231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29844]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-423]
Northeast Nuclear Energy Company, et al., Millstone Nuclear Power
Station, Unit 3, Notice of Consideration of Approval of Application
Regarding Proposed Corporate Merger and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
indirect transfer of Facility Operating License No. NPF-49 for the
Millstone Nuclear Power Station, Unit No. 3 (Millstone Unit 3), to the
extent held by Central Maine Power Company (Central Maine), one of 13
joint owners of Millstone Unit 3. The indirect transfer would be to
Energy East Corporation (Energy East) resulting from the planned
acquisition by Energy East of CMP Group, Inc., the parent holding
company of Central Maine.
According to the October 6, 1999, application by Central Maine for
approval of the indirect transfer, on June 14, 1999, CMP Group, Inc.,
and Energy East signed a definitive agreement for the acquisition of
CMP Group, Inc., by Energy East, subject to regulatory approvals. To
accomplish the acquisition, EE Merger Corp., a Maine corporation that
is a wholly-owned subsidiary of Energy East, will merge with and into
CMP Group, Inc., with CMP Group, Inc., being the surviving corporation.
Upon completion of the acquisition, CMP Group, Inc., will become a
wholly-owned subsidiary of Energy East. In the event the Securities and
Exchange Commission does not permit Energy East to maintain CMP Group,
Inc., as an intermediate holding company under the provisions of the
Public Utility Holding Company Act of 1935, as amended, Energy East
would hold Central Maine directly. Northeast Utilities, the sole
licensed operator of the facility, would remain as the managing agent
for the 13 joint owners of the facility and would continue to have
exclusive responsibility for the management, operation, and maintenance
of Millstone Unit 3. The application does not propose a change
[[Page 62231]]
in the rights, obligations, or interests of the other joint owners of
Millstone Unit 3. In addition, no physical changes to Millstone Unit 3
or operational changes are being proposed. No direct transfer of the
license will result from the proposed merger.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
transfer of control will not affect the qualifications of the holder of
the license, and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to
intervene, and written comments regarding the license transfer
application, are discussed below.
By December 6, 1999, any person whose interest may be affected by
the Commission's action on the application may request a hearing, and,
if not the applicants, may petition for leave to intervene in a hearing
proceeding on the Commission's action. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart M, ``Public
Notification, Availability of Documents and Records, Hearing Requests
and Procedures for Hearings on License Transfer Applications,'' of 10
CFR part 2. In particular, such requests and petitions must comply with
the requirements set forth in 10 CFR 2.1306, and should address the
considerations contained in 10 CFR 2.1308(a). Untimely requests and
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good
cause for failure to file on time is established. In addition, an
untimely request or petition should address the factors that the
Commission will also consider, in reviewing untimely requests or
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
Requests for a hearing and petitions for leave to intervene should
be served upon Arthur H. Domby, Esq., Troutman Sanders LLP, Nations
Bank Plaza, 600 Peachtree Street, N.E., Suite 5200, Atlanta, Georgia,
30308-2216, attorney for Central Maine; Lillian M. Cuoco, Esq., Senior
Nuclear Counsel, Northeast Utilities Service Company, 107 Selden
Street, Berlin, Connecticut, 06037, attorney for Northeast Nuclear
Energy Company; the General Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555 (e-mail address for filings regarding
license transfer cases only: [email protected]); and the Secretary of the
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff, in accordance
with 10 CFR 2.1313.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to requests for hearing and petitions to
intervene, by December 16, 1999, persons may submit written comments
regarding the license transfer application, as provided for in 10 CFR
2.1305. The Commission will consider and, if appropriate, respond to
these comments, but such comments will not otherwise constitute part of
the decisional record. Comments should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
Attention: Rulemakings and Adjudications Staff, and should cite the
publication date and page number of this Federal Register notice.
For further details with respect to this action, see the
application dated October 6, 1999, which is available for public
inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC and electronically on the
NRC's web site http://www.nrc.gov. (the Public Electronic Reading
Room).
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland this 9th day of November, 1999.
John A. Nakoski, Sr.,
Project Manager, Section 2, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-29844 Filed 11-15-99; 8:45 am]
BILLING CODE 7590-01-P
