[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12588-12589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5737]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-171, 50-277 and 50-278]


Peco Energy Company; Peach Bottom Atomic Power Station, Units 1, 
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 Licenses Nos. DPR-12, DPR-44, and DPR-56 
for Peach Bottom Atomic Power Station, Units 1, 2 and 3 (Peach Bottom 
Units 1, 2, and 3), to the extent held by PECO Energy Company (PECO). 
PECO is currently the sole owner of Peach Bottom Unit 1, holds a 42.49 
percent ownership interest in Peach Bottom Units 2 and 3, and is the 
licensed operator of all three Peach Bottom units. The remaining 
interests in Peach Bottom Units 2 and 3 are owned by Public Service 
Electric and Gas Company (PSE&G), Delmarva Power & Light Company 
(DP&L), and Atlantic City Electric Company (ACE). The transfer would be 
to a new generating company, currently referred to as GENCO. GENCO will 
be 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 York County, 
Pennsylvania.
    According to an application for approval filed by PECO, GENCO would 
become the owner of PECO's ownership interest in each of the units 
following approval of the proposed transfer of the licenses, and would 
become exclusively responsible for the operation, maintenance, and 
eventual decommissioning of Peach Bottom Units 1, 2, and 3. No physical 
changes to the facilities or operational changes are being proposed in 
the application. The proposed transfer does not involve any change with 
respect to the non-operating ownership interests held by PSE&G, DP&L 
and ACE.
    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 license transfers.
    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 provide 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

[[Page 12589]]

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 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 for 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. 00-5737 Filed 3-8-00; 8:45 am]
BILLING CODE 7590-01-M