[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Notices]
[Pages 57143-57144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28582]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-410 AND 50-244]


Rochester Gas and Electric Corp.; Niagara Mohawk Power Corp.; 
Nine Mile Point Nuclear Station, Unit 2; R. E. Ginna Nuclear Power 
Plant; Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an Order approving, under 10 CFR 50.80, an 
application regarding a transfer of control of the operating license 
for R. E. Ginna Nuclear Power Plant (Ginna) and the operating license 
for the Nine Mile Point Nuclear Station, Unit No. 2 (NMP2) to the 
extent held by Rochester Gas and Electric Corporation (RG&E or 
Applicant). The transfer would be to a holding company, not yet named, 
to be created over Applicant in accordance with the ``Amended and 
Restated Settlement Agreement'' before the Public Service Commission of 
the State of New York dated October 23, 1997 (Case 96-E-0989) (see 
Exhibit A in the application dated July 30, 1998). Applicant is 
licensed by the Commission to own and possess a 14-percent interest in 
NMP2, located in the town of Scriba, Oswego County, New York, and to 
wholly own, maintain and operate the R. E. Ginna Nuclear Power Plant 
located in Wayne County, New York.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would consent to the transfer of control of the 
licenses to the extent effected by Applicant becoming a subsidiary of 
the newly formed holding company in connection with a proposed plan of 
restructuring. Under the restructuring plan, the outstanding shares of 
Applicant's common stock are to be exchanged on a share-for-share basis 
for common stock of the holding company, such that the holding company 
will own all of the outstanding common stock of Applicant. The holding 
company, and not RG&E, would be the owner of any

[[Page 57144]]

unregulated non-utility subsidiaries. Applicant will continue to be an 
``electric utility'' as defined in 10 CFR 50.2 engaged in the 
transmission, distribution, and generation of electricity. Applicant 
would retain its ownership interest in NMP2 and Ginna, continue to 
operate Ginna, and continue to be a licensee of NMP2 and Ginna. No 
direct transfer of the operating licenses or ownership interests in the 
stations will result from the proposed restructuring. The transaction 
would not involve any change to either the management organization or 
technical personnel of Niagara Mohawk Power Corporation (NMPC), which 
is responsible for operating and maintaining NMP2 and is not involved 
in the restructuring of Applicant, and would not involve any change in 
the nuclear management or technical qualification of RG&E. Also, the 
transaction would have no effect upon the financing of the RG&E nuclear 
plants. The proposed action is in accordance with Applicant's 
application dated July 30, 1998, as supplemented August 18, 1998, and 
September 14, 1998.

The Need for the Proposed Action

    The proposed action is required to enable Applicant to restructure 
as described above.

Environmental Impacts of the Proposed Action

    The Commission has completed its evaluation of the proposed 
corporate restructuring and concludes that it is an administrative 
action having no effect upon the operation of either plant. There will 
be no physical changes to NMP2 or Ginna. The corporate restructuring 
will not affect the qualifications or organizational affiliation of the 
personnel who operate and maintain NMP2 and Ginna, as NMPC will 
continue to be responsible for the maintenance and operation of NMP2 
and is not involved in the restructuring of RG&E, and RG&E will 
continue to be responsible for the maintenance and operation of Ginna.
    The proposed action will not increase the probability or 
consequences of accidents, no changes are being made in the types of 
any effluents that may be released offsite, and there is no significant 
increase in occupational or offsite radiation exposure. Accordingly, 
the Commission concludes that there are no significant radiological 
environmental impacts associated with the proposed action.
    With regard to potential nonradiological impacts, the restructuring 
would not affect nonradiological plant effluents and would have no 
other nonradiological environmental impact.
    Accordingly, the Commission concludes that there are no significant 
environmental impacts associated with the proposed action.

Alternatives to the Proposed Action

    Since the Commission has concluded there are no significant 
environmental impacts that would result from the proposed action, any 
alternatives with equal or greater environmental impact need not be 
evaluated.
    As an alternative to the proposed action, the staff considered 
denial of the proposed action. Denial of the application would result 
in no change in current environmental impacts. The environmental 
impacts of the proposed action and the alternative action are similar.

Alternative Use of Resources

    This action does not involve the use of any resources not 
previously considered in the Final Environmental Statements Related to 
the Operation of Nine Mile Point Nuclear Station, Unit No. 2, (NUREG-
1085) dated May 1985, and in the Final Environmental Statements Related 
to the Operations of the R.E. Ginna Nuclear Power Plant, dated December 
1973.

Agencies and Persons Contacted

    In accordance with its stated policy, on August 31, 1998, the staff 
consulted with the New York State official, Mr. Jack Spath, regarding 
the environmental impact of the proposed action. The State official had 
no comments.

Finding of No Significant Impact

    Based upon the environmental assessment, the Commission concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the Commission has 
determined not to prepare an environmental impact statement for the 
proposed action.
    For further details with respect to the proposed action, see 
Applicants' application dated July 30, 1998, as supplemented August 18, 
1998, and September 14, 1998, 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 Reference and Documents Department, Penfield Library, 
State University of New York, Oswego, New York 13126, and the Rochester 
Public Library, 115 South Avenue, Rochester, New York 14610.

    Dated at Rockville, MD, this 16th day of October 1998.

    For the Nuclear Regulatory Commission.
S. Singh Bajwa,
Director, Project Directorate I-1, Division of Reactor Projects--I/II, 
Office of Nuclear Reactor Regulation.
[FR Doc. 98-28582 Filed 10-23-98; 8:45 am]
BILLING CODE 7590-01-P