[Federal Register Volume 64, Number 241 (Thursday, December 16, 1999)]
[Notices]
[Pages 70292-70293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32640]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219]
Jersey Central Power & Light Co
d/b/a
GPU Energy GPU Nuclear, Inc. Oyster Creek Nuclear Generating
Station; Notice of Consideration of Approval of Transfer of Facility
Operating License and 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. DRP-16 for the Oyster Creek
Nuclear Generating Station (Oyster Creek), currently held by Jersey
Central Power & Light Company (JCP&L) as owner of Oyster Creek and GPU
Nuclear, Inc. (GPUN), as the licensed operator of Oyster Creek. The
transfer of the license for Oyster Creek would be to AmerGen Energy
Company, (LLC) (AmerGen). The Commission is also considering amending
the license for administrative purposes to reflect the proposed
transfer. Oyster Creek is located in Ocean County, New Jersey.
Under the proposed transfer, AmerGen would be authorized to
possess, use, and operate Oyster Creek under essentially the same
conditions and authorizations included in the existing license. No
physical changes would be made to the Oyster Creek facility as a result
of the proposed transfer, and there would be no significant changes in
the day-to-day operations of the unit. The proposed amendment to the
license would delete references to ``Jersey Central Power & Light'' and
``GPU Nuclear, Inc.'' (including variations of these names) and
substitute ``AmerGen Energy Company, LLC'' (or its new position of
``licensee'' or ``applicant'') as appropriate to reflect the transfer,
and make other changes to reflect the approval of the 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.
[[Page 70293]]
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 application for the
license transfer, are discussed below.
By January 5, 2000, 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: (1) David R. Lewis, Esq., counsel for GPUN, at Shaw
Pittman Potts & Trowbridge, 2300 N Street, NW, Washington, DC 20037-
1128 (tel: 202-663-8474; fax: 202-663-8007; e-mail: ``david-
lewis''@shawpittman.com), (2) Kevin P. Gallen, Esq., counsel for
AmerGen, at Morgan, Lewis & Bockius LLP, 1800 M Street, NW, Washington,
DC 20036-5869 (tel: 202-467-7462; fax: 202-467-7176; e-mail:
K[email protected]), (3) The General Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555 (e-mail address for license transfer
cases only: [email protected]) and (4) 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 January 18, 2000, persons may submit written comments
regarding the application for the license transfer, 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
20555-001, 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 November 5, 1999, available for public inspection at
the Commission's Public Document Room, the Gelman Building, 2120 L
Street, NW., Washington, DC, and accessible electronically through
ADAMS Public Electronic Reading Room link at the NRC Web site (http://
www.nrc.gov).
Dated at Rockville, Maryland, this 10th day of December 1999.
For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Director, Project Directorate I, Division of Licensing Project
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-32640 Filed 12-15-99; 8:45 am]
BILLING CODE 7590-01-P