99-16602. Public Service Electric and Gas Company, Hope Creek Generating Station; Notice of Consideration of Approval of Transfer of Facility Operating License and Issuance of Conforming Amendment, and Opportunity for a Hearing

[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Notices]
[Pages 35193-35194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16602]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-354]


Public Service Electric and Gas Company, Hope Creek Generating 
Station; Notice of Consideration of Approval of Transfer of Facility 
Operating License and Issuance of Conforming Amendment, 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 Facility Operating License No. NPF-57 for the Hope Creek 
Generating Station, to the extent currently held by Public Service 
Electric and Gas Company (PSE&G), as a co-owner and the licensed 
operator of Hope Creek. The transfer would be to PSEG Nuclear, LLC. 
PSE&G currently owns 95 percent of Hope Creek. The proposed transfer 
does not involve any change with respect to the non-operating ownership 
interest held by Atlantic City Electric Company. The Commission is also 
considering amending the license for administrative purposes to reflect 
the proposed transfer.
    According to an application for approval filed by PSE&G, PSEG 
Nuclear, LLC, would assume title to PSE&G's interest in the facility 
following approval of the proposed license transfer, and would become 
exclusively responsible for the operation, maintenance, and eventual 
decommissioning of Hope Creek. No physical changes to the Hope Creek 
facility or operational changes are being proposed in the application.
    The proposed amendments would replace references to PSE&G in the 
license with references to PSEG Nuclear, LLC, to reflect the proposed 
transfer.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly,

[[Page 35194]]

through transfer of control of the licenses, 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 amendment, 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 20, 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 Jeffrie J. Keenan, Esquire, Public Service Electric and 
Gas Company, Nuclear Business Unit--N21, P.O. Box 236, Hancocks Bridge, 
NJ 08038 (tel: [phone], fax: [phone], and e-mail 
[email protected]); the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555 (e-mail address for filings regarding 
license transfer cases 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 30, 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 June 4, 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 Pennsville Public Library, 190 S. Broadway, Pennsville, NJ 08070.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 23rd day of June, 1999.
Richard B. Ennis,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-16602 Filed 6-29-99; 8:45 am]
BILLING CODE 7590-01-P