[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Notices]
[Page 67667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33680]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317, 50-318 and 72-8]
Baltimore Gas Electric Company (Calvert Cliffs Nuclear Power
Plant, Units 1 and 2, and the Independent Spent Fuel Storage
Installation); Order Extending the Effectiveness of the Approval of the
Transfer of Licenses
I
By Order dated October 18, 1996, the Nuclear Regulatory Commission
(the Commission or NRC) approved the proposed transfer of Operating
Licenses Nos. DPR-53 and DPR-69 for the Calvert Cliffs Nuclear Power
Plant, Units 1 and 2, and Material Licenses No. SNM-2505 for the
Calvert Cliffs Independent Spent Fuel Storage Installation from
Baltimore Gas and Electric Company (BGE) to Constellation Energy
Corporation. The approval was given in response to an application filed
by BGE dated April 5, 1996, for consent under Sections 50.80 and 72.50
of Title 10 of the Code of Federal Regulations (10 CFR 50.80 and 10 CFR
72.50). By its terms, the Order of October 18, 1996, becomes null and
void if the transfer of the licenses is not consummated by December 31,
1997, unless on application and for good cause shown, such date is
extended by the Commission.
II
By letter dated November 21, 1997, BGE submitted a request for an
extension of the effectiveness of the Order of October 18, 1996, such
that approval of the transfers would remain effective until December
31, 1998. According to this submittal, all of the necessary regulatory
approvals have been obtained to permit the consummation of the merger
between BGE and Potomac Electric Power Company, resulting in
Constellation Energy Corporation. BGE asserts, however, that the
Maryland and District of Columbia Public Service Commission attached
conditions to their approvals that are inconsistent with the respective
merger applications. The companies proposing to merge have filed joint
requests with the Maryland and District of Columbia Commissions for
rehearing of their original orders approving the merger.
According to BGE, an intervenor in the Maryland case appealed the
Maryland Commission's order approving the merger to the Circuit Court
in Baltimore Count, and this appeal has delayed the expected merger
process. The Circuit Court affirmed the Maryland Commission's order on
October 27, 1997, but the Court's order has now been appealed to the
Court of Special Appeals of Maryland. The issues being appealed, and
those that are contained in the requests for rehearing in both Maryland
and the District of Columbia, do not change the information provided to
the NRC on which its October 18, 1996, Order was based.
The staff has considered the foregoing request of November 21,
1997, and has determined that BGE has demonstrated good cause to extend
the effectiveness of the Order of October 18, 1996, approving the
license transfers.
III
Accordingly, pursuant to Sections 161b and 161i of the Atomic
Energy Act, as amended, 42 USC Secs. 2201(b) and 2201(l), It is hereby
ordered that the effectiveness of the Order of October 18, 1996,
approving the transfer of the licenses described herein is extended
such that if the subject transfer of licenses is not consummated by
December 31, 1998, the Order of October 18, 1996, shall become null and
void.
This Order is effective upon issuance.
For further details with respect to this action, see the letter
dated November 21, 1997, from BGE which is 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 Calvert County Library, Prince Frederick,
Maryland 20678.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 19th day of December 1997.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-33680 Filed 12-24-97; 8:45 am]
BILLING CODE 7590-01-M
