[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Notices]
[Pages 2990-2991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1172]


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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 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 
certain indirect transfers and a direct transfer of Facility Operating 
License No. NPF-49 for the Millstone Nuclear Power Station, Unit No. 3 
(MP3), to the extent held by Montaup Electric Company (Montaup), one of 
14 joint owners of MP3. The direct transfer would be to New England 
Power Company (NEP), and the indirect transfers would be to New England 
Electric System (NEES) and the National Grid Group, plc. The Commission 
is also considering amending the license for administrative purposes to 
reflect the proposed direct transfer. MP3 is located in Waterford, 
Connecticut.
    According to an application filed by Montaup, holder of a 4% 
ownership interest in MP3, and NEP, currently a 12.2% owner of MP3, for 
approval of the indirect and direct transfers, on February 1, 1999, 
NEES entered into an Agreement and Plan of Merger and Consent Agreement 
(Merger Agreement) with Eastern Utilities Associates (EUA), a 
Massachusetts business trust, which is the indirect parent of Montaup. 
Under the Merger Agreement, certain transactions will occur which will 
ultimately result in the indirect transfer of Montaup's interest in 
MP3's Facility Operating License No. NPF-49 to NEES and the direct 
transfer of that interest to NEP, a subsidiary of NEES. In addition, by 
virtue of a separate merger agreement between NEES and the National 
Grid Group, plc, there would be an indirect transfer of Montaup's MP3 
license to the National Grid Group, plc. Northeast Nuclear Energy 
Company (NNECO), the sole licensed operator of the facility, 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 MP3.

[[Page 2991]]

The application does not propose a change in the rights, obligations, 
or interests of the other joint owners of MP3. In addition, no physical 
changes to MP3 or operational changes are being proposed.
    The proposed amendment, submitted by NNECO on behalf of NEP, would 
remove references to Montaup in the license and change the number of 
license holders as stated in the license from 14 to 13. NEP is 
currently referenced in the license as a licensee, given its existing 
ownership interest in MP3, and therefore, would not need to be added to 
the license. These changes are necessary to reflect the proposed 
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 direct 
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. An application 
for approval of an indirect license transfer will be approved if the 
Commission determines that the underlying transaction effecting the 
indirect transfer will not affect the qualifications of the holder of 
the license, and that the indirect 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 February 7, 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 Edward Berlin, Esq., Kenneth G. Jaffe, Esq., and Scott 
P. Klurfeld, Esq., Swidler Berlin Shereff Friedman, LLP, 3000 K Street, 
NW., Suite 300, Washington, DC 20007-5116, attorneys for New England 
Power Company; Thomas G. Dignan, Jr., Esq., Ropes & Gray, One 
International Place, Boston, Massachusetts, 02110-2624, attorney for 
Montaup Electric Company; 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 February 17, 2000 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 June 15, 1999, as supplemented July 20, September 3, 
and November 29, 1999, submitted under cover of letters dated June 15, 
July 20, September 3, and November 29, 1999, respectively, which are 
available for public inspection at the Commission's Public Document 
Room, the Gelman Building, 2120 L Street, NW, Washington, DC, and 
accessible electronically through the ADAMS Public Electronic Reading 
Room link at the NRC Web site, http://www.nrc.gov.

    Dated at Rockville, Maryland this 12th day of January 2000.

    For the Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-1172 Filed 1-18-00; 8:45 am]
BILLING CODE 7590-01-P