[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Pages 6641-6642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3096]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-263]


Northern States Power Company, Monticello Nuclear Generating 
Plant; 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-22 for the Monticello 
Nuclear Generating Plant currently held by Northern States Power 
Company (NSP) as owner and licensed operator of Monticello. The 
transfer would be to a newly formed company (referred to herein as 
``New NSP''). The Commission is also considering amending the license 
for administrative purposes to reflect the proposed transfer.
    By application dated October 29, 1999, the Commission was informed 
that NSP entered into an agreement on March 24, 1999, to merge with New 
Century Energies, Inc. (NCE). Under the agreement, NCE will be merged 
with and into NSP, which will be renamed Xcel Energy, Inc. (Xcel). At 
the time of the merger, NSP will transfer all of its existing electric 
and natural gas utility facilities and responsibility and control over 
operations to New NSP, which will be a wholly owned subsidiary of Xcel. 
New NSP would assume title to the facilities following approval of the 
proposed license transfer, and would become responsible for the 
operation, maintenance, and eventual decommissioning of Monticello. No 
physical changes to the facility or operational changes other than the 
transfer of operating authority to New NSP are being proposed in the 
application.
    The proposed amendment would add a footnote to the license to 
reflect its transfer from NSP to the newly formed, wholly owned 
subsidiary.
    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 March 1, 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 Jay Silberg, Esq., counsel for NSP, at Shaw, Pittman, 
Potts, and Trowbridge, 2300 N Street, NW, Washington, DC 20037 (tel: 
202-663-8063; fax: 202-663-8007; e-mail: [email protected]); 
and the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington,

[[Page 6642]]

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 13, 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 October 29, 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 7th day of February 2000.
    For the Nuclear Regulatory Commission.
Claudia M. Craig,
Chief, Section Project Directorate III, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-3096 Filed 2-9-00; 8:45 am]
BILLING CODE 7590-01-P