[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12587-12588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5735]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-352 and 50-353]


PECO Energy Company Limerick Generating Station, Units 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 Licenses Nos. NPF-39 and NPF-85 for 
Limerick Generating Station, Units 1 and 2 (Limerick Units 1 and 2). 
PECO Energy Company (PECO) is currently the owner and the licensed 
operator of Limerick Units 1 and 2. The transfer would be to a new 
generating company, currently referred to as GENCO. GENCO will be a 
subsidiary of a new holding company, Exelon Corporation, which will be 
formed as a result of a merger of Unicom Corporation (the parent 
company of Commonwealth Edison Company) and PECO. The Commission is 
also considering amending the licenses for administrative purposes to 
reflect the proposed transfer. The facility is located in Montgomery 
County, Pennsylvania.
    According to an application for approval filed by PECO, GENCO would 
assume ownership of the facility following approval of the proposed 
transfer of the licenses, and would become exclusively responsible for 
the operation, maintenance, and eventual decommissioning of Limerick 
Units 1 and 2. No physical changes to the facilities or operational 
changes are being proposed in the application.
    The proposed amendments would replace references to PECO in the 
licenses with references to GENCO and make other changes for 
administrative purposes to reflect the proposed transfer of 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 
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 29, 2000, any person whose interest may be affected by the 
Commission's action on the application may request a hearing, and, if 
not the applicant, may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to

[[Page 12588]]

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; J.W. Durham, Sr., Esquire, Sr. V.P. & General Counsel, 
PECO Energy Company, 2301 Market Street, S26-1, Philadelphia, PA 19101 
(phone 215-841-4250, fax 215-841-4282 or e-mail JDURHAM@PECO--
Energy.COM); the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001 (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 April 10, 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, as supplemented January 3, and 
February 14, 2000, filed by PECO, and the supplement dated January 14, 
2000, filed by Commonwealth Edison Company, 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 Website (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 3rd day of March 2000.

    For the Nuclear Regulatory Commission.
Bartholomew C. Buckley,
Sr. Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-5735 Filed 3-8-00; 8:45 am]
BILLING CODE 7590-01-M