[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