[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Pages 18151-18152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8834]
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NUCLEAR REGULATORY COMMISSION
River Bend Station, Unit 1 Gulf States Utilities Company and
Cajun Electric Power Cooperative, Inc. Finding of No Significant
Antitrust Changes Time for Filing Requests for Reevaluation
In connection with the applications for amendments filed by Gulf
States Utilities Company (licensee or GSU) dated January 13, 1993, as
supplemented, the Director of the Office of Nuclear Reactor Regulation
made a finding on October 15, 1993, that there have been no significant
changes in the licensee's activities or proposed activities since the
completion of the antitrust operating license review of the River Bend
Station (River Bend). Subsequently, an NRC order and two licensing
amendments dated December 16, 1993, were issued which transferred GSU's
ownership in River Bend to Entergy Corporation and the operation of
River Bend to Entergy Operations, Inc. On March 14, 1995, the United
States Court of Appeals For the District of Columbia Circuit issued an
Order vacating the NRC order and the two accompanying licensing
amendments and remanding the case to the NRC.
In light of the foregoing, the Director of the Office of Nuclear
Reactor Regulation has reviewed the Court of Appeals decision in Cajun
Electric Cooperative, Inc. v. FERC, 28 F.3d 173 (D.C. Cir. 1994) and
the earlier findings in this matter has made a new finding in
accordance with Section 105c(2) of the Atomic Energy Act of 1954, as
amended, that no significant changes in the licensee's activities have
occurred subsequent to the previous antitrust review of River Bend. The
finding is as follows:
Under Section 105 of the Atomic Energy Act of 1954, as amended, 42
U.S.C. 2135 (Act), 10 CFR 50.80 and 50.90, the Nuclear Regulatory
Commission (NRC or Commission) conducts an antitrust review of changes
in ownership or operator of a power production facility after initial
licensing. In situations where requests for a change in ownership or
operator have been received after issuance of an operating license for
such a facility, the staff has conducted a significant change review to
determine whether the [[Page 18152]] licensee's activities create or
tend to create a situation inconsistent with the antitrust laws. The
Commission delegated the authority to make the significant change
determination to the Director, Office of Nuclear Reactor Regulation
(NRR).
Based upon an analysis of the extensive comments received in
response to the initial decision published in the Federal Register on
October 20, 1993 (58 FR 54175), information presented in other
regulatory proceedings involving the proposed merger of Gulf States
Utilities Company (GSU) and Entergy Corporation (Entergy), the staff
concludes that the changes in GSU's activities which have been
identified by the staff do not constitute significant changes as
envisioned by the Commission in its Summer decision. The conclusion of
the staff analysis is as follows:
Where appropriate, the staff considered the testimony and
information submitted to other regulatory agencies in developing a
record necessary to satisfy its own regulatory mandate. From the
information made available to the staff, the staff was able to
determine that the concerns raised by the commenters are covered by
and should be resolved before the NRC by existing license
conditions. The staff does not believe that the outstanding issues
raised before the NRC are germane to a licensing proceeding.
Consequently, the staff is providing the commenters the opportunity
to resolve their NRC concerns in a Section 2.206 enforcement
proceeding.
Based upon the staff analysis, it is my finding that there have
been no ``significant changes'' in the licensee's activities or
proposed activities since the completion of the previous antitrust
review of the River Bend Station that would warrant the initiation of a
new antitrust review. Signed this 5th day of April, 1995.
Any person whose interest may be affected by this finding, may
file, with full particulars, a request for reevaluation, not to exceed
10 pages in length including attachments, with the Director of the
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. The requests must be received by the
Commission within 10 days of the initial publication of this notice in
the Federal Register. Requests for reevaluation of the no significant
changes determination should be limited to new information not
previously submitted in connection with the Director's Reevaluation
Finding published in the Federal Register on December 13, 1993 (58 FR
65200), such as information about facts or events of antitrust
significance that have occurred since that date, or information that
could not reasonably have been submitted prior to that date.
Dated at Rockville, Maryland the 5th day of April 1995.
For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 95-8834 Filed 4-7-95; 8:45 am]
BILLING CODE 7590-01-M
