[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Page 59220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28597]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-324, 50-325, 50-400, 50-261 and 72-3]


Carolina Power & Light Company; Brunswick Steam Electric Plant, 
Units Nos. 1 and 2; Shearon Harris Nuclear Power Plant, Unit No. 1; 
H.B. Robinson Steam Electric Plant, Unit No. 2; H.B. Robinson Steam 
Electric Plant, Unit No. 2 Independent Spent Fuel Storage Installation; 
Notice of Consideration of Approval of Application Regarding Proposed 
Corporate Restructuring 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 and 72.50 
approving the indirect transfer of Facility Operating Licenses DPR-23 
for H.B. Robinson Steam Electric Plant Unit 2, DPR-62 for Brunswick 
Steam Electric Plant Unit 2, DPR-71 for Brunswick Steam Electric Plant 
Unit 1, and NPF-63 for Shearon Harris Nuclear Power Plant Unit 1, and 
Materials License SMN-2502 for storage of Robinson spent fuel in the 
Robinson Independent Spent Fuel Storage Installation (ISFSI), to the 
extent currently held by Carolina Power and Light Company (CP&L). The 
indirect transfers would be to a proposed new holding company of CP&L.
    According to an application for approval filed by CP&L dated 
September 15, 1999, which was supplemented on October 8, 1999, CP&L is 
requesting the consent of the Nuclear Regulatory Commission to the 
indirect transfers that would result from a proposed corporate 
restructuring of CP&L. Under the proposed restructuring, a new holding 
company, CP&L Holdings, Inc. (``Holdings''), will be formed, which will 
become the parent of CP&L. Current holders of CP&L common stock will 
receive, on a one-for-one basis, shares of common stock of Holdings 
such that Holdings will own the common stock of CP&L. CP&L's ownership 
interests in, and its operation of, its nuclear facilities will not 
change. No direct transfer of the licenses will occur, as CP&L will 
continue to hold the licenses. No physical changes to the facilities or 
ISFSI, or operational changes are being proposed in the application.
    Pursuant to 10 CFR 50.80 and 72.50, 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 indirect transfer of a license, if the Commission determines that 
the proposed transfer will not affect the qualifications of the holder 
of the license, and that the transfer is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission pursuant thereto.
    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 November 22, 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 Steven Carr, Associate General Counsel, Legal 
Department, Carolina Power & Light Company, P.O. Box 1551, Raleigh, 
North Carolina 27602-1551, Voice (919) 546-4161, Fax (919) 546-3805, 
and E-mail [email protected]; 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 December 2, 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 September 15, 1999, and supplement dated October 8, 
1999, which are available for public inspection at the Commission's 
Public Document Room, the Gelman Building, 2120 L Street, NW., 
Washington, DC.

    Dated at Rockville, Maryland this 27th day of October 1999.

    For the Nuclear Regulatory Commission.
Herbert N. Berkow,
Director, Project Directorate II, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-28597 Filed 11-1-99; 8:45 am]
BILLING CODE 7590-01-P