[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Notices]
[Pages 70439-70440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33719]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-224]
In the Matter of Rochester Gas and Electric Corporation; (R. E.
Ginna Power Plant); Order Approving Application Regarding Restructuring
of Rochester Gas and Electric Corporation by Establishment of a Holding
Company Affecting License No. DPR-18, R.E. Ginna Nuclear Power Plant
I
Rochester Gas and Electric Corporation (RG&E and licensee) is
licensed by the U.S. Nuclear Regulatory Commission (NRC or Commission)
to possess, maintain, and operate the R. E. Ginna Nuclear Power Plant
(Ginna or the facility), under Facility Operating License No. DPR-18,
issued by the Commission on December 10, 1984. RG&E fully owns Ginna.
The facility is located in Wayne County, New York.
II
RG&E submitted an application dated July 31, 1998, as supplemented
August 18, 1998, and September 14, 1998, for consent by the Commission,
pursuant to 10 CFR 50.80, to the extent a proposed corporate
restructuring action would result in the indirect transfer of the
operating license for the facility. Under the proposed restructuring,
RG&E would establish a new holding company and become a subsidiary of
the new holding company in accordance with a Settlement Agreement
reached with the New York Public Service Commission (PSC Case Nos. 96-
E-0989), dated October 23, 1997. Unregulated subsidiaries of RG&E would
also become subsidiaries of the new holding company.
According to the application, essentially each share of RG&E's
common stock would be exchanged for one share of common stock of the
holding company such that the holding company would own the outstanding
common stock of RG&E. Under this restructuring, RG&E would continue to
be an ``electric utility'' as defined in 10 CFR 50.2 engaged in the
transmission, distribution and generation of electricity. RG&E would
continue to be the direct owner of Ginna and would continue to operate
Ginna. No direct transfer of the operating license would result from
the proposed restructuring. The transaction would not involve any
change in the responsibility for nuclear operations within RG&E.
Officer responsibilities at the holding company level would be
primarily administrative and financial in nature and would not involve
operational matters related to Ginna. No RG&E nuclear management
positions would be changed as a result of the corporate restructuring.
A Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring was published in the Federal Register
on October 26, 1998 (63 FR 57141), and an Environmental Assessment and
Finding of No Significant Impact was published in the Federal Register
on October 26, 1998 (63 FR 57143).
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 application of July 31, 1998, as
supplemented August 18, 1998, and September 14, 1998, the NRC staff has
determined that the restructuring of RG&E by establishment of a holding
company will not affect the qualifications of RG&E as the holder of the
license for Ginna, and that the transfer of control of the license, to
the extent effected by the proposed restructuring, 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 December 14,
1998.
III
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 USC Secs. 2201(b), 2201(i),
2201(o), and 2234, and 10 CFR 50.80, It is hereby ordered that the
Commission approves the application regarding the proposed
[[Page 70440]]
restructuring of RG&E by the establishment of a holding company,
subject to the following: (1) RG&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 RG&E to its proposed parent, or to any other affiliated
company, facilities for the production, transmission, or distribution
of electric energy having a depreciated book value exceeding 10 percent
(10%) of RG&E's consolidated net utility plant, as recorded on RG&E's
books of account; and (2) should the restructuring of RG&E as described
herein, not be completed by December 14, 1999, 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 January 11, 1999, any person whose interest may be affected by
this Order may file in accordance with the Commission's rules of
practice set forth in Subpart M of 10 CFR Part 2 a request for a
hearing and petition for leave to intervene with respect to issuance of
the Order. 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 Dr. Robert C. Mecredy, Vice President, Nuclear
Operations, Rochester Gas and Electric Corporation, 89 East Avenue,
Rochester, New York 14649; the General Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555; the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555; 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 of 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.
For further details with respect to this Order, see the application
for approval filed by RG&E dated July 31, 1998, as supplemented by
letter dated August 18, 1998, and attachments thereto, and letter dated
September 14, 1998, with attachments, and the Safety Evaluation dated
December 14, 1998, which are available for public inspection at the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, and at the local public document room located at
the Reference and Documents Department, Penfield Library, State
University of New York, Oswego, New York 13126 and the Rochester Public
Library, 115 South Avenue, Rochester, New York 14610.
Dated at Rockville, Maryland, this 14th day of December 1998.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33719 Filed 12-18-98; 8:45 am]
BILLING CODE 7590-01-P
