[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Notices]
[Page 3984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1703]



[[Page 3984]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293]


Boston Edison Company, Pilgrim Nuclear Power Station; Notice of 
Consideration of Approval of Transfer of Facility Operating License and 
Materials License and Issuance of Conforming Amendment, and Opportunity 
for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. DPR-35 for the Pilgrim 
Nuclear Power Station (Pilgrim) currently held by Boston Edison Company 
(Boston Edison), as owner and licensed operator of Pilgrim. The 
transfer would be to Entergy Nuclear Generation Company (Entergy). The 
Commission is also considering amending the license for administrative 
purposes to reflect the proposed transfer.
    According to an application for approval filed by Boston Edison and 
Entergy, Entergy would assume title to the facility following approval 
of the proposed license transfer, and would be responsible for the 
operation, maintenance, and eventual decommissioning of Pilgrim. No 
physical changes to the Pilgrim facility or operational changes are 
being proposed in the application.
    The proposed amendment would replace references to Boston Edison in 
the license with references to Entergy, to reflect the proposed 
transfer.
    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 amendment, 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 
amendment 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 license transfer 
application, are discussed below.
    By February 16, 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 2. In particular, such requests and petitions 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 John M. Fulton, Assistant General Counsel, at Boston 
Edison Company, 800 Boylston Street, Boston, Massuchusetts 02199-8003 
(tel: 617-424-2553; fax: 617-424-2733; e-mail: 
[email protected]), Jay E. Silberg, counsel for Boston Edison, 
at Shaw Pittman Potts & Trowbridge, 2300 N Street, NW., Washington, DC 
20037-1128 (tel: 202-663-8063; fax: 202-663-8007; e-mail: 
[email protected]), and Douglas E. Levanway, counsel for 
Entergy Nuclear Generating Company, at Wise, Carter, Childs and 
Caraway, P.O. Box 651, Jackson, Mississippi, 39205-0651 (tel: 601-968-
5524; fax: 601-968-5519; e-mail: [email protected]); the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and 
the Secretary of the Commission, U.S. 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 February 25, 1999, persons may submit written comments 
regarding the license transfer application, 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, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
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 December 21, 1998, 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 Plymouth Public Library, 11 North Street, Plymouth, 
Massachusetts 02199.

    Dated at Rockville, Maryland this 21st day of January 1999.

    For the Nuclear Regulatory Commission.
William M. Dean,
Director, Project Directorate I-2, Division of Reactor Projects--I/II, 
Office of Nuclear Reactor Regulation.
[FR Doc. 99-1703 Filed 1-25-99; 8:45 am]
BILLING CODE 7590-01-P