[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Page 59220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28597]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-324, 50-325, 50-400, 50-261 and 72-3]
Carolina Power & Light Company; Brunswick Steam Electric Plant,
Units Nos. 1 and 2; Shearon Harris Nuclear Power Plant, Unit No. 1;
H.B. Robinson Steam Electric Plant, Unit No. 2; H.B. Robinson Steam
Electric Plant, Unit No. 2 Independent Spent Fuel Storage Installation;
Notice of Consideration of Approval of Application Regarding Proposed
Corporate Restructuring 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 and 72.50
approving the indirect transfer of Facility Operating Licenses DPR-23
for H.B. Robinson Steam Electric Plant Unit 2, DPR-62 for Brunswick
Steam Electric Plant Unit 2, DPR-71 for Brunswick Steam Electric Plant
Unit 1, and NPF-63 for Shearon Harris Nuclear Power Plant Unit 1, and
Materials License SMN-2502 for storage of Robinson spent fuel in the
Robinson Independent Spent Fuel Storage Installation (ISFSI), to the
extent currently held by Carolina Power and Light Company (CP&L). The
indirect transfers would be to a proposed new holding company of CP&L.
According to an application for approval filed by CP&L dated
September 15, 1999, which was supplemented on October 8, 1999, CP&L is
requesting the consent of the Nuclear Regulatory Commission to the
indirect transfers that would result from a proposed corporate
restructuring of CP&L. Under the proposed restructuring, a new holding
company, CP&L Holdings, Inc. (``Holdings''), will be formed, which will
become the parent of CP&L. Current holders of CP&L common stock will
receive, on a one-for-one basis, shares of common stock of Holdings
such that Holdings will own the common stock of CP&L. CP&L's ownership
interests in, and its operation of, its nuclear facilities will not
change. No direct transfer of the licenses will occur, as CP&L will
continue to hold the licenses. No physical changes to the facilities or
ISFSI, or operational changes are being proposed in the application.
Pursuant to 10 CFR 50.80 and 72.50, 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 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 with regard to the license transfer
application, are discussed below.
By November 22, 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 Steven Carr, Associate General Counsel, Legal
Department, Carolina Power & Light Company, P.O. Box 1551, Raleigh,
North Carolina 27602-1551, Voice (919) 546-4161, Fax (919) 546-3805,
and E-mail steven.carr@cplc.com; 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 2, 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 September 15, 1999, and supplement dated October 8,
1999, which are available for public inspection at the Commission's
Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, DC.
Dated at Rockville, Maryland this 27th day of October 1999.
For the Nuclear Regulatory Commission.
Herbert N. Berkow,
Director, Project Directorate II, Division of Licensing Project
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-28597 Filed 11-1-99; 8:45 am]
BILLING CODE 7590-01-P
