[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Notices]
[Page 26213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12524]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317, 50-318, and 72-8]


In the Matter of Baltimore Gas Electric Company (Calvert Cliffs 
Nuclear Power Plant, Units 1 and 2, and the Independent Spent Fuel 
Storage Installation; Order Terminating the Effectiveness of the 
Approval of the Transfer of Licenses for Calvert Cliffs Nuclear Power 
Plant, Unit Nos. 1 and 2 and the Independent Spent Fuel Storage 
Installation

I

    Baltimore Gas and Electric Company (BGE) is the licensee for 
Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, and the 
associated Independent Spent Fuel Storage Installation. BGE has the 
exclusive responsibility for the construction, operation, and 
maintenance of Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 
and the Independent Spent Fuel Storage Installation (ISFSI), as 
reflected in Operating License Nos. DPR-53, DPR-69 and Material License 
No. SNM-2505, issued on July 31, 1974, and November 30, 1976, and 
November 25, 1992, respectively, by the U.S. Nuclear Regulatory 
Commission (NRC). The facilities are located on the western shore of 
the Chesapeake Bay, in Calvert County, Maryland.

II

    By Order dated October 18, 1996, the Nuclear Regulatory Commission 
(the Commission or NRC) approved the proposed transfer of Operating 
Licenses Nos. DPR-53 and DPR-69 for the Calvert Cliffs Nuclear Power 
Plant, Units 1 and 2, and Material License No. SNM-2505 for the Calvert 
Cliffs ISFSI from BGE to Constellation Energy Corporation. The approval 
was given in response to an application filed by BGE dated April 5, 
1996, for consent under Section 50.80 and 72.50 of Title 10 of the Code 
of Federal Regulations (10 CFR 50.80 and 10 CFR 72.50). By its terms, 
the Order of October 18, 1996, would become null and void if the 
transfer of the licenses was not consummated by December 31, 1997, 
unless on application and for good cause shown, such date was extended 
by the Commission.
    By letter dated November 21, 1997, BGE submitted a request for an 
extension of the effectiveness of the Order of October 18, 1996, such 
that approval of the transfer would remain effective until December 31, 
1998. According to this submittal, all of the necessary regulatory 
approvals had been obtained to permit the consummation of the merger 
between BGE and Potomac Electric Power Company, resulting in 
Constellation Energy Corporation. BGE asserted, however, that the 
Maryland and District of Columbia Public Service Commissions attached 
conditions to their approvals that were inconsistent with the 
respective merger approval applications. The companies proposing to 
merge filed joint requests with the Maryland and District of Columbia 
Commissions for rehearing of their original orders approving the 
merger. According to BGE, an intervenor in the Maryland case appealed 
the Maryland Commission's Order approving the merger to the Circuit 
Court in Baltimore County, and this appeal delayed the expected merger 
process. On December 17, 1997, the Commission issued an Order providing 
that the effectiveness of the Order of October 18, 1996, approving the 
transfer of the licenses described herein was extended such that if the 
subject transfer of licenses was not consummated by December 31, 1998, 
the Order of October 18, 1996, would become null and void.
    By letter dated January 30, 1998, however, BGE informed the NRC 
that on December 18, 1997, BGE and the Potomac Electric Power Company 
(PEPCO) mutually agreed to terminate the proposed merger. In addition, 
BGE and PEPCO requested, in light of the termination of the merger, 
that approval of the transfer of licenses be canceled.

III

    Upon consideration of BGE's letter dated January 30, 1998, and the 
termination of the proposed merger, the Commission has determined that 
the approval of the transfer of the licenses for Calvert Cliffs Nuclear 
Power Plant, Unit Nos. 1 and 2, and the ISFSI, should be withdrawn. 
Accordingly, pursuant to Sections 161b and 161i of the Atomic Energy 
Act, as amended, 42 U.S.C. Secs. 2201(b) and 2201(i), It is hereby 
ordered that the approval of the transfer of the licenses described 
herein is immediately withdrawn, and the Orders dated October 18, 1996, 
and December 19, 1997 are null and void.
    This Order is effective upon issuance.
    For further details, with respect to this action, see the letter 
dated January 30, 1998, from BGE which is 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 Calvert County Library, Prince Frederick, 
Maryland 20678.

    Dated at Rockville, Maryland, this 30th day of April 1998.
    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.

Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 98-12524 Filed 5-11-98; 8:45 am]
BILLING CODE 7590-01-P