[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Notices]
[Pages 8451-8452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3890]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-277 and 50-278]


PECO Energy Company Public Service Electric and Gas Company, 
Delmarva Power and Light Company, Atlantic City Electric Company, Peach 
Bottom Atomic Power Station, Units 2 and 3; Notice of Consideration of 
Approval of Transfer of 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 Facility Operating License No. DPR-44 for the Peach Bottom 
Atomic Power Station, Unit 2, and Facility Operating License No. DPR-56 
for the Peach Bottom Atomic Power Station, Unit 3, to the extent 
currently held by the Delmarva Power & Light Company (DP&L) and the 
Atlantic City Electric Company (ACE) in connection with each of their 
7.51 percent undivided ownership interests in each of the Peach Bottom 
units. The transfer would be to the PECO Energy Company (PECO) and PSEG 
Nuclear LLC (PSEG Nuclear). The Commission is also considering amending 
the licenses for administrative purposes to reflect the proposed 
transfer.
    According to an application for approval filed by PECO, Public 
Service Electric and Gas Company (PSE&G), PSEG Nuclear, DP&L, and ACE, 
both PECO and PSEG Nuclear would acquire DP&L's and ACE's ownership 
interests in the facility following approval of the proposed transfer 
of the licenses. Depending upon the timing of a planned restructuring 
of PSE&G, as an interim step the interests of DP&L and ACE to be 
ultimately acquired by PSEG Nuclear may be transferred first to PSE&G 
or to PSEG Power LLC, the parent of PSEG Nuclear, and then to PSEG 
Nuclear. PECO, which presently owns a 42.49 percent interest in both 
units, and is the licensed operator of the facility, would continue to 
be responsible for the operation, maintenance, and eventual 
decommissioning of the Peach Bottom station. No physical changes to the 
Peach Bottom facility or operational changes are being proposed in the 
application.
    The proposed amendment would remove references in the licenses to 
ACE and DP&L, and add references to PSEG Nuclear, as appropriate, to 
reflect the proposed transfer. Since PECO is already shown as a 
licensee in the licenses, it will not need to be added to the licenses.
    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

[[Page 8452]]

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 9, 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 PECO Energy Company, Paul J. Zaffuts, 
Esquire, Morgan, Lewis & Brockius, LLP, 1800 M Street, NW, Washington, 
DC 20036-5869 (tel: 202-467-7537 and e-mail: [email protected]); 
counsel for Public Service Electric & Gas Company and PSEG Nuclear LLC, 
David A. Repka, Esquire, Winston & Strawn, 1400 L Street, NW, 
Washington, DC 20005-3502 (tel: 202-371-5726 and e-mail: 
[email protected]); counsel for Atlantic City Electric Company and 
Delmarva Power & Light Company, John H. O'Neill, Jr., Esquire, and 
Matias F. Travieso-Diaz, Esquire, Shaw Pittman, 2300 N. Street, NW, 
Washington, DC 20037-1128 (tel: 202-663-8148 email: 
john.o'[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 20, 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 December 21, 1999, and supplement dated February 11, 
2000, 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 14th day of February 2000.

    For the Nuclear Regulatory Commission.
Bartholomew C. Buckley,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-3890 Filed 2-17-00; 8:45 am]
BILLING CODE 7590-01-P