[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12583-12584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5739]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-454 and 50-455]


Commonwealth Edison Company, Byron 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-37 and NPF-66 for 
Byron Station, Units 1 and 2, currently held by Commonwealth Edison 
Company (ComEd), as the owner and licensed operator. 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 ComEd) and PECO Energy Corporation. The Commission is 
also considering amending the licenses for administrative purposes to 
reflect the proposed transfer. The facility is located in Ogle County, 
Illinois.
    According to an application for approval filed by ComEd, GENCO

[[Page 12584]]

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 Byron. No physical changes to the facility or 
operational changes are being proposed in the application.
    The proposed amendments would replace references to ComEd in the 
license with references to GENCO and make other changes for 
administrative purposes 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 amendments, the 
Commission will have made findings as 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 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 
consideration 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 1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon: Ms. Pamela B. Stroebel, Senior Vice President and 
General Counsel, Commonwealth Edison Company, P.O. Box 767, Chicago, 
Illinois 60690-0767; 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 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 14, 2000, 
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 3rd day of March 2000.

    For the Nuclear Regulatory Commission.
George F. Dick, Jr.,
Sr. Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management Office of Nuclear Reactor Regulation.
[FR Doc. 00-5739 Filed 3-8-00; 8:45 am]
BILLING CODE 7590-01-M