[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34316-34317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16613]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412
The Cleveland Electric Illuminating Company Order, et al.;
Approving Application Regarding Merger Agreement Between Centerior
Energy Corporation and Ohio Edison Company
I
The Cleveland Electric Illuminating Company (CEI), Duquesne Light
Company (DL), Ohio Edison Company (OE), Pennsylvania Power Company
(Penn Power), and Toledo Edison Company (TE) are the licensees of
Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and BVPS-2). DL
acts as agent for the other licensees and has exclusive responsibility
for and control over the physical construction, operation, and
maintenance of BVPS-1 and BVPS-2 as reflected in Facility Operating
License Nos. DPR-66 and NPF-73. The Nuclear Regulatory Commission (NRC)
issued License Nos. DPR-66 and NPF-73 on July 2, 1976, and on August
14, 1987, respectively, pursuant to Part 50 of Title 10 of the Code of
Federal Regulations (10 CFR Part 50). The facility is located on the
southern shore of the Ohio River in Beaver County, Pennsylvania,
approximately 22 miles northwest of Pittsburgh and 5 miles east of East
Liverpool, Ohio.
II
By letter dated December 13, 1996, CEI, OE, Penn Power, and TE,
through counsel, informed the Commission of a proposed merger of
Centerior Energy Corporation and OEC resulting in the formation of a
new single holding company, FirstEnergy Corporation (``FirstEnergy'').
DL is not involved in the merger. Supplemental information was
submitted by letters dated February 14 and May 20, 1997.
Under the proposed merger, CEI, OE, and TE will become wholly owned
subsidiaries of FirstEnergy. Penn Power will remain a wholly owned
subsidiary of OE. The current licensees will continue to hold the
license, and no direct transfer of the license will result from the
merger. On April 16, 1997, a Notice of Consideration of Approval of
Application Regarding Proposed Corporate Restructuring was published in
the Federal Register (62 FR 18658). An Environmental Assessment and
Finding of No Significant Impact was published in the Federal Register
on May 23, 1997 (62 FR 28523).
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 letter of December 13, 1996, and other
information before the Commission, the NRC staff has determined that
the proposed merger will not affect the qualifications of CEI, OE, Penn
Power, and TE as holders of Facility Operating License Nos. DPR-66 and
NPF-73, and that the transfer of control of the licenses, to the extent
effected by the merger, 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 June 19, 1997.
III
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 USC 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 merger agreement
between Centerior Energy Corporation and OE subject to the following:
(1) CEI, OE, Penn Power, and TE 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 such licensee to its 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
of such licensee's consolidated net utility plant, as recorded on the
licensee's books of account; and (2) should the merger not be completed
by June 30, 1998, this Order shall become null and void, unless upon
application and for good cause shown this date is extended. This Order
is effective upon issuance.
IV
By July 25, 1997, any person adversely affected by this Order may
file a request for a hearing with respect to issuance of the Order. Any
person requesting a hearing shall set forth with particularity how such
person's interest is adversely affected by this Order and shall address
the criteria set forth in 10 CFR 2.714(d).
If a hearing is to be held, the Commission will issue an order
designating the time and place of such hearing.
[[Page 34317]]
The issue to be considered at any such hearing shall be whether
this Order should be sustained.
Any request for a hearing must be filed with the Secretary of the
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff, or may be
delivered to the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC, by the above date. Copies
should also be sent to the Office of the General Counsel and to the
Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, and to Gerald Charnoff, Esquire,
Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC
20037.
For further details with respect to this action, see the
application dated December 13, 1996, as supplemented February 14 and
May 20, 1997, and the safety evaluation dated June 19, 1997, 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 B. F. Jones Memorial
Library, 663 Franklin Avenue, Aliquippa, PA 15001.
Dated at Rockville, Maryland, this 19th day of June 1997.
For the Nuclear Regulatory Commission.
Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-16613 Filed 6-24-97; 8:45 am]
BILLING CODE 7590-01-P
