[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62230-62231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29844]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423]


Northeast Nuclear Energy Company, et al., Millstone Nuclear Power 
Station, Unit 3, Notice of Consideration of Approval of Application 
Regarding Proposed Corporate Merger 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 
indirect transfer of Facility Operating License No. NPF-49 for the 
Millstone Nuclear Power Station, Unit No. 3 (Millstone Unit 3), to the 
extent held by Central Maine Power Company (Central Maine), one of 13 
joint owners of Millstone Unit 3. The indirect transfer would be to 
Energy East Corporation (Energy East) resulting from the planned 
acquisition by Energy East of CMP Group, Inc., the parent holding 
company of Central Maine.
    According to the October 6, 1999, application by Central Maine for 
approval of the indirect transfer, on June 14, 1999, CMP Group, Inc., 
and Energy East signed a definitive agreement for the acquisition of 
CMP Group, Inc., by Energy East, subject to regulatory approvals. To 
accomplish the acquisition, EE Merger Corp., a Maine corporation that 
is a wholly-owned subsidiary of Energy East, will merge with and into 
CMP Group, Inc., with CMP Group, Inc., being the surviving corporation. 
Upon completion of the acquisition, CMP Group, Inc., will become a 
wholly-owned subsidiary of Energy East. In the event the Securities and 
Exchange Commission does not permit Energy East to maintain CMP Group, 
Inc., as an intermediate holding company under the provisions of the 
Public Utility Holding Company Act of 1935, as amended, Energy East 
would hold Central Maine directly. Northeast Utilities, the sole 
licensed operator of the facility, would remain as the managing agent 
for the 13 joint owners of the facility and would continue to have 
exclusive responsibility for the management, operation, and maintenance 
of Millstone Unit 3. The application does not propose a change

[[Page 62231]]

in the rights, obligations, or interests of the other joint owners of 
Millstone Unit 3. In addition, no physical changes to Millstone Unit 3 
or operational changes are being proposed. No direct transfer of the 
license will result from the proposed merger.
    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 indirect 
transfer of a license, if the Commission determines that the proposed 
transfer of control 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 regarding the license transfer 
application, are discussed below.
    By December 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 Arthur H. Domby, Esq., Troutman Sanders LLP, Nations 
Bank Plaza, 600 Peachtree Street, N.E., Suite 5200, Atlanta, Georgia, 
30308-2216, attorney for Central Maine; Lillian M. Cuoco, Esq., Senior 
Nuclear Counsel, Northeast Utilities Service Company, 107 Selden 
Street, Berlin, Connecticut, 06037, attorney for Northeast Nuclear 
Energy Company; 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 16, 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 October 6, 1999, which is available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC and electronically on the 
NRC's web site http://www.nrc.gov. (the Public Electronic Reading 
Room).

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 9th day of November, 1999.
John A. Nakoski, Sr.,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-29844 Filed 11-15-99; 8:45 am]
BILLING CODE 7590-01-P