[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Notices]
[Pages 43227-43228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20400]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443]


North Atlantic Energy Service Corporation, et al. (Seabrook 
Station Unit 1); Order Approving Transfer of License and Conforming 
amendment

I

    North Atlantic Energy Service Corporation (North Atlantic) is 
authorized to act as agent for the joint owners of the Seabrook Station 
Unit 1 (Seabrook) and has exclusive responsibility and control over the 
physical construction, operation, and maintenance of the facility as 
reflected in Operating License NPF-86. Montaup Electric Company 
(Montaup), one of the joint owners, holds a 2.9 percent possessory 
interest in Seabrook. The Nuclear Regulatory Commission issued 
Operating License NPF-86 on March 15, 1990, pursuant to Part 50 of 
Title 10 of the Code of Federal Regulations (10 CFR Part 50). The 
facility is located in Seabrook Township, Rockingham County, on the 
southeast coast of the State of New Hampshire.

II

    Under cover of a letter dated September 29, 1998, North Atlantic 
forwarded an application by Montaup and Little Bay Power Corporation 
(Little Bay) requesting approval of the proposed transfer of Montaup's 
rights under the operating license for Seabrook to Little Bay. The 
application was supplemented March 8, 1999, and April 7, 1999. In 
addition, the application requested approval of a conforming amendment 
to reflect the transfer.
    Little Bay is a newly formed and wholly owned subsidiary of BayCorp 
Holdings, Ltd., which is the holding company that also owns Great Bay 
Power Corporation, an existing joint owner of Seabrook. According to 
the application, Montaup has agreed to sell its 2.9 percent ownership 
interest in Seabrook to Little Bay, subject to obtaining all necessary 
regulatory approvals. North Atlantic would remain as the Managing Agent 
for the joint owners of the facility and would continue to have 
exclusive responsibility for the management, operation, and maintenance 
of Seabrook. The conforming amendment would remove Montaup from the 
facility operating license and would add Little Bay in its place.
    Approval of the transfer and conforming license amendment was 
requested pursuant to 10 CFR 50.80 and 50.90. Notice of the application 
for approval and an opportunity for a hearing was published in the 
Federal Register on December 14, 1998 (63 FR 68801). Pursuant to such 
notice, joint Seabrook owners New England Power Company (NEP) and 
United Illuminating Company (United) filed, respectively, a timely 
intervention petition and hearing request, and an untimely intervention 
petition, and Massachusetts Municipal Wholesale Electric Company 
(MMWEC) filed written comments. In an order dated March 5, 1999, the 
Commission denied United's petition and granted NEP's intervention 
petition and hearing request. However, NEP's petition to intervene and 
hearing request were subsequently withdrawn, and an order was issued on 
April 26, 1999, terminating the proceeding. The March 5, 1999, order 
also referred MMWEC's comments to the staff. MMWEC's comments are 
addressed in the safety evaluation.
    Under 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. Upon 
review of the information in the application submitted by Montaup and 
Little Bay dated September 29, 1998, the supplements dated March 8, and 
April 7, 1999, and other information before the Commission, the NRC 
staff has determined that Little Bay is qualified to hold the license 
to the same extent the license is now held by Montaup and that the 
transfer of the license to the extent it is held by Montaup to Little 
Bay is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission. The NRC staff has 
further found that the application for the proposed license amendment 
complies with the standards and requirements of the Atomic Energy Act 
of 1954, as amended (the Act), and the Commission's rules and 
regulations set forth in 10 CFR Chapter I; the facility will operate in 
conformity with the application, the provisions of the Act, and the 
rules and regulations of the Commission; there is reasonable assurance 
that the activities authorized by the proposed license amendment can be 
conducted without endangering the health and safety of the public and 
that such activities will be conducted in compliance with the 
Commission's regulations; the issuance of the proposed license 
amendment will not be inimical to the common defense and security or to 
the health and safety of the public; and the issuance of the

[[Page 43228]]

proposed amendment will be in accordance with 10 CFR Part 51 of the 
Commission's regulations, and all applicable requirements have been 
satisfied. The foregoing findings are supported by a safety evaluation 
dated August 3, 1999.

III

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended; 42 U.S.C. 2201(b), 2201(i), and 2234; 
and 10 CFR 50.80, it is hereby ordered that the license transfer 
referenced above is approved, subject to the following conditions:
    1. For purposes of ensuring public health and safety, Little Bay 
shall provide decommissioning funding assurance of no less than $11.8 
million, after payment of any taxes, in the Seabrook Decommissioning 
Trust Fund maintained and administered by the State of New Hampshire 
under its applicable law upon the transfer of Montaup's interest in 
Seabrook to Little Bay.
    2. After they have received all required regulatory approvals of 
the transfer, Montaup and Little Bay shall inform the Director, Office 
of Nuclear Reactor Regulation, in writing of the date of the closing of 
the transfer no later than two business days prior to the date of 
closing. Should the transfer not be completed by August 1, 2000, this 
Order shall become null and void, provided, however, on application and 
for good cause shown, such date may be extended.
    It is further ordered that, consistent with 10 CFR 2.1315(b), a 
license amendment that makes changes to conform the license to reflect 
the subject license transfer is approved. Such amendment shall be 
issued and made effective at the time the proposed license transfer is 
completed.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the application 
dated September 29, 1998, and supplements dated March 8, 1999, and 
April 7, 1999, 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 Exeter Public Library, Founders Park, Exeter, NH 03833.

    Dated at Rockville, Maryland, this 3d day of August, 1999.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director Office of Nuclear Reactor Regulation.
[FR Doc. 99-20400 Filed 8-6-99; 8:45 am]
BILLING CODE 7590-01-P