[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34317-34318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16615]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440]


The Cleveland Electric Illuminating Company, et al.; Order 
Approving Application Regarding Merger Agreement Between Centerior 
Energy Corporation and Ohio Edison Company

I

    The Cleveland Electric Illuminating Company (CEI), Centerior 
Service Company (CSC), Duquesne Light Company, Ohio Edison Company 
(OE), OES Nuclear, Inc., Pennsylvania Power Company (Penn Power), and 
Toledo Edison Company (TE) are the licensees of Perry Nuclear Power 
Plant, Unit 1 (PNPP). CEI and CSC act as agents for the other licensees 
and have exclusive responsibility for, and control over, the physical 
construction, operation, and maintenance of PNPP as reflected in 
Operating License No. NPF-58. The U.S. Nuclear Regulatory Commission 
(NRC) issued License No. NPF-58 on March 18, 1986, pursuant to Part 50 
of Title 10 of the Code of Federal Regulations (10 CFR Part 50). The 
facility is located on the shore of Lake Erie in Lake County, Ohio, 
approximately 35 miles northeast of Cleveland, OH.

II

    By letter dated December 13, 1996, CEI and CSC, on behalf of 
themselves and TE, OE, OES Nuclear, Inc., and Penn Power, informed the 
Commission of a proposed merger of Centerior Energy Corporation and OE 
resulting in the formation of a new single holding company, FirstEnergy 
Corporation. Duquesne Light Company is not involved in the merger. 
Supplemental information was submitted by letters dated February 14 and 
May 20, 1997.
    Under the proposed merger, CEI, CSC, TE, currently subsidiaries of 
Centerior Energy Corporation, and OE will become wholly owned 
subsidiaries of FirstEnergy Corporation. Penn Power and OES Nuclear, 
Inc., will remain wholly owned subsidiaries of OE. Centerior Energy 
Corporation will cease to exist. The current licensees will continue to 
hold the license, and no direct transfer of the license will result 
from the merger. On April 15, 1997, a notice of consideration of 
approval of application regarding corporate restructuring was published 
in the Federal Register (62 FR 18369). An Environmental Assessment and 
Finding of No Significant Impact was published in the Federal Register 
on May 7, 1997 (62 FR 24981).
    Under 10 CFR 50.80, no license shall be transferred, directly or 
indirectly, through transfer of control of the license, unless the 
Commission gives 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, CSC, OE, OES Nuclear, 
Inc., Penn Power, and TE as holders of Facility Operating License No. 
NPF-58, and that the transfer of control of the license, to the extent 
effected by the proposed 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 U.S.C. 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, CSC, OE, OES Nuclear, Inc., 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.
    If a hearing is held concerning this Order, the issue to be 
considered at any such hearing will 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, 
of Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, 
DC 20037.
    For further details with respect to this action, see the 
application dated

[[Page 34318]]

December 13, 1996, as supplemented by letters dated February 14 and May 
20, 1997, and the Safety Evaluation dated June 19, 1997, which are 
available for public inspection at the NRC Public Document Room, the 
Gelman Building, 2120 L Street, NW., Washington, DC, and at the local 
public document room located at the Perry Public Library, 3753 Main 
Street, Perry, OH.

    Dated at Rockville, Maryland, this 19th day of June 1997.

    For the U.S. Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-16615 Filed 6-24-97; 8:45 am]
BILLING CODE 7590-01-P