99-15021. Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, The Cleveland Electric Company, The Toledo Edison Company, and Beaver Valley Power Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of Transfer of ...

[Federal Register Volume 64, Number 113 (Monday, June 14, 1999)]
[Notices]
[Pages 31880-31881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15021]



[[Page 31880]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412]


Duquesne Light Company, Ohio Edison Company, Pennsylvania Power 
Company, The Cleveland Electric Company, The Toledo Edison Company, and 
Beaver Valley Power Station, Unit Nos. 1 and 2; Notice of Consideration 
of Approval of Transfer of Facility Operating Licenses and Issuance of 
Conforming Amendments, 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 
transfer of the interests held by Duquesne Light Company (DLC) in 
Facility Operating Licenses Nos. DPR-66 and NPF-73 for the Beaver 
Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and BVPS-2), located in 
Beaver County, Pennsylvania, as part owner and exclusive licensed 
operator of BVPS-1 and BVPS-2. The Commission is also considering 
issuance of conforming amendments to the licenses under 10 CFR 50.90.
    According to an application for approval filed by DLC and 
FirstEnergy Nuclear Operating Company (FENOC), Pennsylvania Power 
Company (Penn Power), which currently owns 17.5% of BVPS-1, is to 
acquire DLC's 47.5 % ownership interest, resulting in 65% ownership, in 
BVPS-1, and DLC's 13.74% ownership interest in BVPS-2 pursuant to a DLC 
restructuring plan and agreements between DLC and FirstEnergy 
Corporation of which FENOC and Penn Power are subsidiaries. 
Additionally, FENOC would become the exclusive licensed operator 
responsible for the operation, maintenance, and eventual 
decommissioning of BVPS-1 and BVPS-2. No physical changes to the BVPS-1 
and BVPS-2 facility or operational changes are being proposed in the 
application.
    The proposed conforming amendments would replace references to DLC 
in the licenses with references to Penn Power and FENOC, as 
appropriate, to reflect the proposed transfer.
    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 transfer of 
a license, if the Commission determines that the proposed transferee is 
qualified to hold the license, and that the transfer is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming license amendments, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    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 July 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 Mary E. O'Reilly, Counsel for FENOC, at FirstEnergy, 76 
South Main Street, Akron, OH 44308 (tel: [phone]; fax: 330-384-
3875; e-mail: [e-mail]); Roy P. Lessy, Counsel for 
FENOC, at Akin, Gump, Stausss, Hauer & Feld, L.L.P.; 1333 New Hampshire 
Avenue, NW, Suite 400, Washington, DC 20036 (tel: [phone]; fax: 
202-887-4288; e-mail: [e-mail]); Larry R. Crayne, Assistant 
General Counsel, Duquesne Light Company, 411 Seventh Avenue, 
Pittsburgh, PA 15219 (tel: [phone]; fax: [phone]; e-mail: 
[e-mail]); John E. Mathews, Counsel for DLC, at Morgan, 
Lewis & Bockius, LLP; 1800 M Street, NW, Washington, DC 20036-5869 
(tel: [phone], fax: [phone], e-mail: [e-mail]); the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555 (e-mail address for filings regarding license transfer case 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 July 14, 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 May 5, 1999, 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 B.F. Jones Memorial Library, 663 Franklin Avenue, Aliquippa, PA 
15001.

    Dated at Rockville, Maryland this 8th day of June 1999.


[[Page 31881]]


    For the Nuclear Regulatory Commission.
Daniel S. Collins,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-15021 Filed 6-11-99; 8:45 am]
BILLING CODE 7590-01-P