[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Notices]
[Pages 52798-52799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25473]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 and 50-410]
Niagara Mohawk Power Corporation; New York State Electric & Gas
Corporation; Nine Mile Point Nuclear Station, Units 1 and 2; Notice of
Consideration of Approval of Transfer of Facility Operating Licenses
and Conforming Amendments, and Opportunity for a Hearing
The US Nuclear Regulatory Commission (the Commission) is
considering the issuance of orders under 10 CFR 50.80 approving the
transfer of Facility Operating License No. DRP-63 for Nine Mile Point
Nuclear Station, Unit 1 (NMP1), and Facility Operating License No. NPF-
69 for Nine Mile Point Nuclear Station, Unit 2 (NMP2). Niagara Mohawk
Power Corporation (NMPC) is currently the sole owner and operator of
NMP1. The transfer of the license for NMP1 would be to AmerGen Energy
Company, LLC (AmerGen). NMPC currently holds a 41% undivided ownership
interest in NMP2, is its exclusive licensed operator, and acts as agent
for its other co-owners. The other current co-owners, who may possess
but not operate NMP2, are New York Electric & Gas Corporation (NYSEG)
with an 18% interest, Long Island Lighting Company with an 18%
interest, Rochester Gas and Electric Corporation with a 14% interest,
and the Central Hudson Gas & Electric Company with a 9% interest. Under
the proposed transfer for NMP2, NMPC's and NYSEG's interests, and
NMPC's operating authority under the license for NMP2, would be
transferred to AmerGen. Accordingly, following the proposed transfers,
AmerGen would become the licensed operator of both NMP units, the sole
owner of NMP1, and a 59% co-owner of NMP2. The Commission is also
considering amending the licenses for administrative purposes to
reflect the proposed transfers. The NMP facility is located in Oswego
County, New York.
Under the proposed transfers, AmerGen would be authorized to
possess, use, and operate NMP1 and NMP2 under essentially the same
conditions and authorizations included in the existing licenses. In
addition, no physical changes would be made to either NMP1 or NMP2 as a
result of the proposed transfer, and there would be no significant
changes in the day-to-day operations of either unit. The proposed
amendments to each unit's license would delete all references to
``Niagara Mohawk Power Corporation'' and ``New York State Electric &
Gas Corporation'' (including variations of these names) and substitute
``AmerGen Energy Company, LLC'' (or its new position of ``licensee'' or
``applicant''). The proposed amendments would also add to the licenses
certain additional conditions arising from the license transfers; these
conditions would (1) Preserve AmerGen's decision-making authority over
safety issues, (2) Limit the foreign membership of AmerGen's Management
Committee, (3) Assign to AmerGen's Chief Executive Officer and Chief
Nuclear Officer the responsibility and authority for ensuring that
AmerGen's business and activities with respect to the NMP units are
conducted consistent with the protection of the public health and
safety and common defense and security of the United States, and (4)
Require AmerGen to report to the Commission the filing of any Schedules
13D or 13G with the U.S. Securities and Exchange Commission that
disclose beneficial ownership of a registered class of Philadelphia
Electric Energy Company (PECO Energy) stock.
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
amendments 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 application for
transfers of licenses, are discussed below.
By October 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
[[Page 52799]]
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 (1) Mark J. Wetterhahn, counsel for NMPC, at Winston &
Strawn, 1400 L Street, NW, Washington, DC 20005 (tel: 202-371-5703;
fax: 202-371-5950; e-mail: mwetterh@winston.com); (2) Samuel Behrends
IV, counsel for NYSEG, at LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875
Connecticut Avenue, NW, Suite 1200, Washington, DC 20009-5728 (tel:
202-986-8018; fax: 202-986-8102; e-mail: sbehrend@llgm.com); (3) Kevin
P. Gallen, counsel for AmerGen, at Morgan, Lewis & Bockius LLP, 1800 M
Street, NW, Washington, DC 20036-5869 (tel: 202-467-7462; fax: 202-467-
7176; e-mail: Kpgallen@mlb.com); (4) the General Counsel, US Nuclear
Regulatory Commission, Washington, DC 20555 (e-mail address for license
transfer cases only: ogclt@nrc.gov); and (5) the Secretary of the
Commission, US 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 November 1, 1999, persons may submit written comments
regarding the application for transfer of licenses, 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, US Nuclear Regulatory Commission, Washington, DC
20555-001, 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 September 10, 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 Reference and Documents Department, Penfield Library,
State University of New York, Oswego, New York 13126.
Dated at Rockville, Maryland, this 24th day of September 1999.
For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Director, Project Directorate I, Division of Licensing Project
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-25473 Filed 9-29-99; 8:45 am]
BILLING CODE 7590-01-P
