[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Notices]
[Pages 8453-8454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3893]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-354]


Public Service Electric & Gas Company, Hope Creek Generating 
Station; 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 NPF-57 for the Hope Creek 
Generating Station, to the extent currently held by the Atlantic City 
Electric Company (ACE), to PSEG Nuclear LLC. The Commission is also 
considering amending the license 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, and ACE, PSEG 
Nuclear would purchase ACE's interest in the facility following 
approval of the proposed transfer of the license. Depending upon the 
timing of regulatory approvals being sought by PSEG Nuclear concerning 
other transfer matters not involving ACE, as an interim step the 
interest of ACE to be purchased by PSEG Nuclear may be transferred to 
PSEG Power LLC, the parent of PSEG Nuclear, or to PSE&G, and then to 
PSEG Nuclear. No physical changes to the Hope Creek facility or 
operational changes are being proposed in the application.
    The proposed amendment would remove references in the license to 
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 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

[[Page 8454]]

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 supplemented 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.
Richard B. Ennis,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-3893 Filed 2-17-00; 8:45 am]
BILLING CODE 7590-01-P