[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12591-12592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5741]


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NUCLEAR REGULATORY COMMISSION

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


Public Service Electric and Gas Company Salem 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 Licenses DPR-70 for Salem Nuclear 
Generating Station, Unit No. 1, and DPR-75 for Salem Nuclear Generating 
Station, Unit No. 2, to the extent held by PECO Energy Corporation 
(PECO). PECO holds a 42.59-percent ownership interest in both Salem 
units, which are operated by Public Service Electric and Gas Company 
(PSE&G). The remaining interests in Salem, Unit Nos. 1 and 2, are owned 
by Delmarva Power & Light Company and Atlanta City Electric Company. 
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.
    According to the application for approval filed by PECO, GENCO 
would become the owner of PECO's ownership interests in each of the 
Salem units following approval of the proposed transfer of the 
licenses. After this transfer, PSE&G would continue to be exclusively 
responsible for the operation, maintenance, and eventual 
decommissioning of Salem Nuclear Generating Station. 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 Delmarva Power 
& Light and Atlantic City Electric Company, or the ownership interest 
of PSE&G.
    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.
    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 the 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 not 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 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 rulels of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and

[[Page 12592]]

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: the counsel for PSE&G, 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 counsel for PECO, 
William E. Baer, Jr., Esquire, Morgan, Lewis and Bockius LLP, 1800 M 
Street, NW., Washington, DC 20036-5869 (tel: 202-467-7454, 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 publishing in the Federal Register 
and served on the parties to the hearing.
    As an alternative to request for hearing and petitions to 
intervene, by April 10, 2000, persons may submit written comments 
regarding the license transfer application, as provided for in 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 shoudl 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 from ComEd dated 
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.
William Gleaves,
Project Manager Project Directorate I, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-5741 Filed 3-8-00; 8:45 am]
BILLING CODE 7590-01-M