[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Notices]
[Pages 8452-8453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3891]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-272 and 50-311]


Public Service Electric & Gas Company, Salem Nuclear Generating 
Station, Unit Nos. 1 and 2; 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-70 for the Salem Nuclear 
Generating Station, Unit No. 1, and Facility Operating License No. DPR-
75 for the Salem Nuclear Generating Station, Unit No. 2, to the extent 
currently held by Delmarva Power and Light Company (DP&L), and Atlantic 
City Electric Company (ACE). The transfer would be to PSEG Nuclear LLC. 
The Commission is also considering amending the licenses for 
administrative purposes to reflect the proposed transfer.
    According to an application for approval filed by Public Service 
Electric and Gas Company (PSE&G), PSEG Nuclear LLC, DP&L, and ACE, PSEG 
Nuclear would purchase DP&L's and ACE's collective 14.82-percent 
ownership interests in both units of the facility following approval of 
the proposed transfer of the licenses. Depending upon the timing of 
regulatory approvals being sought by PSEG Nuclear concerning other 
transfer matters not involving DP&L and ACE, as an interim step the 
interests of DP&L and ACE to be purchased by PSEG Nuclear may be 
transferred first to PSEG Power LLC, the parent of PSEG Nuclear, or to 
PSE&G, and then to PSEG Nuclear. No physical changes to the Salem 
facility or operational changes are being proposed in the application.
    The proposed amendments would remove references in the licenses to 
DP&L and ACE, and add references to PSEG Nuclear, as appropriate, 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

[[Page 8453]]

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 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 PSEG Nuclear, LLC, Jeffrie J. Keenan, 
Esquire, Public Service Electric and Gas Company, Nuclear Business 
Unit--N21, P.O. Box 236, Hancocks Bridge, NJ 08038 (tel: 856-339-5429, 
fax: 856-339-1234, and 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 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 20, 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.
William C. Gleaves,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-3891 Filed 2-17-00; 8:45 am]
BILLING CODE 7590-01-P