[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5706-5707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2519]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305]


Wisconsin Public Service Corporation, Wisconsin Power and Light 
Company, Madison Gas and Electric Company, Kewaunee Nuclear Power 
Plant; Notice of Consideration of Approval of Transfer of Operating 
Authority Under 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 operating authority under Facility Operating License No. 
DPR-43 for the Kewaunee Nuclear Power Plant, currently held by 
Wisconsin Public Service Corporation (WPSC), Wisconsin Power and Light 
Company (WP&L), and Madison Gas and Electric Company (MGE), as owners 
and licensed operators of Kewaunee. The transfer would be to a new 
operating company called Nuclear Management Company, LLC (NMC). The 
Commission is also considering amending the license for administrative 
purposes to reflect the proposed transfer.
    By application dated November 24, 1999, as supplemented December 7, 
1999, seeking approval of the transfer, the Commission was informed 
that WPSC, on behalf of itself and WP&L and MGE, has entered into a 
Nuclear Power Plant Operating Services Agreement with NMC. Under this 
Agreement, NMC would assume exclusive responsibility for the operation 
and maintenance of Kewaunee. Ownership of Kewaunee by the current co-
owners, WPSC, WP&L, and MGE, will not be affected by the proposed 
transfer of operating authority, according to the application. 
Likewise, the current owners' entitlement to capacity and energy from 
Kewaunee will not be affected by the transfer of operating authority. 
No physical changes to the facility or operational changes are being 
proposed in the application.
    The proposed amendment would reflect the transfer of authority 
under the license to operate Kewaunee from the current licensees to 
NMC.
    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 24, 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

[[Page 5707]]

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 David J. Molzahn, licensing representative for WPSC, at 
Wisconsin Public Service Corporation, 700 North Adams Street, P.O. Box 
19001, Green Bay, WI 54307-9001 (tel: 920-433-1308; fax: 920-433-5544; 
e-mail: [email protected]); and 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, 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 November 24, 1999, as supplemented December 7, 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 the ADAMS Public Electronic Reading 
Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 31st day of January 2000.

    For the Nuclear Regulatory Commission
Claudia M. Craig,
Chief, Section 1,Project Directorate III,Division of Licensing Project 
Management,Office of Nuclear Reactor Regulation.
[FR Doc. 00-2519 Filed 2-3-00; 8:45 am]
BILLING CODE 7590-01-P