[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Notices]
[Pages 5376-5377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2429]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-27]1


Vermont Yankee Nuclear Power Corporation; Vermont Yankee Nuclear 
Power 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. DPR-28 for the Vermont 
Yankee Nuclear Power Station (Vermont Yankee). The transfer would be to 
AmerGen Vermont, LLC (AmerGen Vermont). The Commission is also 
considering amending the license for administrative purposes to reflect 
the proposed transfer. Vermont Yankee is located in Vernon, Vermont.
    According to an application for approval of the transfer and a 
conforming license amendment filed by the AmerGen Vermont and Vermont 
Yankee Nuclear Power Corporation (VYNPC), the current license holder, 
AmerGen Vermont would assume title to the facility following approval 
of the proposed license transfer, and would be responsible for the 
operation maintenance and eventual decommissioning of Vermont Yankee. 
In addition, substantially all of VYNPC's employees located at Vermont 
Yankee involved in operation and maintenance will assume similar roles 
and responsibilities for AmerGen Vermont at Vermont Yankee. No physical 
changes to the Vermont Yankee facility or operational changes are being 
proposed in the application.
    AmerGen Vermont is a Vermont limited liability company established 
by AmerGen Energy Company, LLC (AmerGen) to own and operate Vermont 
Yankee. AmerGen Vermont is a wholly owned substantially of AmerGen. 
AmerGen is a Delaware limited liability company formed to acquire and 
operate nuclear power plants in the United States. AmerGen is owned by 
PEPCO Energy Company and British Energy, Inc.
    The proposed license amendment would remove references to VYNPC in 
the license, add references to AmerGen Vermont, and make other 
administrative changes of a similar nature 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 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.
    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 23, 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 counsel for VYNPC, John Ritsher, at One International 
Place, Boston, Massachusetts, 02110 (tel: 617-951-7000; fax: 617-951-
7050; e-mail: [email protected]), and counsel for AmerGen Vermont, 
Kevin P. Gallen, at Morgan, Lewis & Bockius LLP, 1800 M Street, NW., 
Washington, DC 20036-5869 (tel: 202-467-7462; fax: 202-467-7176; 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 March 6, 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,

[[Page 5377]]

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 January 6, 2000, submitted under cover of letter 
dated January 6, 2000, which is 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 27th day of January 2000.

    For the Nuclear Regulatory Commission.
Richard P. Croteau,
Project Manager, Section 2 Project Directorate I, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-2429 Filed 2-2-00; 8:45 am]
BILLING CODE 7590-01-M