99-21532. Illinois Power Company; Notice of Consideration of Approval of Transfer of Facility Operating License and Issuance of Conforming Amendment and Opportunity for Hearing

[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Notices]
[Page 45290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21532]



[[Page 45290]]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


Illinois Power Company; Notice of Consideration of Approval of 
Transfer of Facility Operating License and Issuance of Conforming 
Amendment and Opportunity for Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. NPF-62 for the Clinton Power 
Station (CPS) currently held by Illinois Power Company (IP, or the 
licensee). The transfer would be to AmerGen Energy Company, LLC 
(AmerGen). The Commission is also considering amending the license for 
administrative purposes to reflect the proposed transfer.
    Under the proposed transfer, AmerGen would be authorized to 
possess, use, and operate CPS under essentially the same conditions and 
authorizations included in the existing license. In addition, no 
physical changes will be made to CPS as a result of the proposed 
transfer, and there will be no significant changes in the day-to-day 
operations of CPS. Antitrust conditions of the CPS license are proposed 
to be deleted because, among other things, they apply to IP which will 
no longer be the licensee.
    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 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 September 8, 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 
procedure 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 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 John Lamberski, counsel for IP, at Troutman Sanders LLP, 
600 Peachtree Street, N.E., suite 5200, NationsBank Plaza, Atlanta, 
Georgia 30308-2216 (tel: [phone]; fax: [phone]; e-mail: 
[e-mail]) and Kevin P. Gallen, counsel for 
AmerGen, 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 20555-0001 (e-mail address for filings 
regarding license transfer cases only: [email protected]); and the 
Secretary of the Commission, U. S. Nuclear Regulatory Commission, 
Washington, D.C., 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 September 20, 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 partof 
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 July 23, 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 Vespasian Warner Public Library, 310 N. Quincy Street, Clinton, IL 
61727.

    Dated at Rockville, Maryland, this 12th day of August 1999.

    For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Section 2, Project Directorate III, Division of 
Licensing Projects Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-21532 Filed 8-18-99; 8:45 am]
BILLING CODE 7590-01-P