[Federal Register Volume 64, Number 113 (Monday, June 14, 1999)]
[Notices]
[Page 31879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15022]



[[Page 31879]]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440]


Cleveland Electric Illuminating Company; Toledo Edison Company; 
Ohio Edison Company; OES Nuclear, Inc.; Pennsylvania Power Company; 
Duquesne Light Company and Firstenergy Nuclear Operating Company; Perry 
Nuclear Power Plant, Unit 1; Notice of Consideration of Approval of 
Transfer of Facility Operating 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 certain interests in Facility Operating License No. NPF-58 
for the Perry Nuclear Power Plant, Unit 1 (PNPP) currently held by the 
Cleveland Electric Illuminating Company (CEI), Toledo Edison Company, 
Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power Company, and 
Duquesne Light Company (DLC), as owners of PNPP, and FirstEnergy 
Nuclear Operating Company (FENOC) as the licensed operator of PNPP. The 
proposed action would consent to the transfer of DLC's ownership 
interests in PNPP to CEI. The Commission is also considering amending 
the license for administrative purposes to reflect the proposed 
transfer.
    According to an application filed by CEI, DLC, and FENOC, the 
proposed transfer is being undertaken pursuant to a DLC restructuring 
plan and agreements to exchange generating assets between DLC and 
FirstEnergy Corporation, the parent of CEI and FENOC and other co-
licensees of Perry. The amendment requested in the application would 
delete DLC as an owner of PNPP to reflect the transfer. No physical 
changes to the PNPP facility or operational changes are being proposed 
in the application.
    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 July 6, 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 Mary E. O'Reilly, counsel for CEI, at FirstEnergy 
Corporation, 76 South Main Street, Akron, OH 44308 (tel: 303-384-5224; 
fax: 330-384-3875; e-mail: [email protected]), Roy P. 
Lessy, counsel for CEI, at Akin, Gump, Strauss, Hauer, & Feld, LLP, 
1333 New Hampshire Ave., N.W., Suite 400, Washington, DC 20036 (tel: 
202-887-4500; fax: 202-887-4288; e-mail: [email protected]), Larry R. 
Crayne, counsel for DLC, at Duquesne Light Company, 411 Seventh Ave., 
Pittsburgh, PA 15219 (tel: 412-293-6049; fax: 412-393-6645; e-mail: 
larry r [email protected]), and John E. Matthews, counsel for DLC, at 
Morgan, Lewis & Bockius, LLP, 1800 M Street, N.W., Washington, DC 20036 
(tel: 202-467-7524; fax: 202-467-7176; e-mail: [email protected]); and 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555 (e-mail address for filings regarding license transfer cases 
only: [email protected]); 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 July 14, 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 May 5, 1999, 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 Perry Public Library, 3753 Main Street, Perry, OH 44081.

    Dated at Rockville, Maryland this 8th day of June 1999.

    For the Nuclear Regulatory Commission.
Anthony J. Mendiola,
Chief, Section 2, Project Directorate III, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-15022 Filed 6-11-99; 8:45 am]
BILLING CODE 7590-01-P