[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5705-5706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2521]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266 and 50-301]


Wisconsin Electric Power Company Point Beach Nuclear Plant, Units 
1 and 2; Notice of Consideration of Approval of Transfer of Operating 
Authority Under Facility Operating Licenses and Conforming Amendments, 
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 Licenses Nos. 
DPR-24 and DPR-27 for the Point Beach Nuclear Plant, Units 1 and 2, 
currently held by Wisconsin Electric Power Company (WEPCo), as owner 
and licensed operator of Point Beach, Units 1 and 2. The transfer would 
be to a new operating company called Nuclear Management Company, LLC 
(NMC). The Commission is also considering amending the licenses for 
administrative purposes to reflect the proposed transfer. If authorized 
to operate the facility, NMC, according to the application, will also 
act as the general licensee for the Independent Spent Fuel Storage 
Installation at Point Beach, Units 1 and 2, pursuant to 10 CFR 72.210.
    By application dated November 24, 1999, seeking approval of the 
transfer, the Commission was informed that WEPCo has entered into a 
Nuclear Power Plant Operating Services Agreement with NMC. Under this 
Agreement, NMC is to assume exclusive responsibility for the operation 
and maintenance of Point Beach, Units 1 and 2. WEPCo's ownership of 
Point Beach, Units 1 and 2, will not be affected by the proposed 
transfer of operating authority, according to the application. 
Likewise, WEPCo's entitlement to capacity and energy from Point Beach, 
Units 1 and 2, 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 amendments would reflect the transfer of authority 
under the licenses to operate Point Beach, Units 1 and 2, from WEPCo 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 amendments, 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

[[Page 5706]]

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 John H. O'Neill, Jr., counsel for WEPCo, at Shaw, 
Pittman, Potts, and Trowbridge, 2300 N Street, NW, Washington, DC 20037 
(tel: 202-663-8148; fax: 202-663-8007; e-mail: 
john.o'[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 3, 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, 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. 00-2521 Filed 2-3-00; 8:45 am]
BILLING CODE 7590-01-P