[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Notices]
[Pages 14631-14632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6632]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302]


Florida Power Corporation, Crystal River Unit 3; Notice of 
Consideration of Approval of Application Regarding Proposed Acquisition 
by CP&L Holdings, Inc. of Florida Progress Corporation and Opportunity 
for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under Title 10, Code of Federal 
Regulations (10 CFR), Section 50.80, approving the indirect transfer of 
Facility Operating License No. DPR-72 for Crystal River Unit 3 (CR-3), 
to the extent currently held by Florida Power Corporation (FPC). The 
indirect transfer would be to a proposed new holding company, Carolina 
Power and Light (CP&L) Holdings, Inc. (Holdings).
    According to an application for approval filed by FPC dated January 
31, 2000, FPC is requesting the consent of the Commission to the 
indirect transfer of the CR-3 operating license that will occur under a 
proposed share exchange transaction between Florida Progress 
Corporation (Progress) and Holdings. Holdings is being formed by CP&L 
as part of an internal CP&L reorganization. Upon consummating the share 
exchange transaction, where Holdings will acquire all of the 
outstanding shares of Progress, Progress will become a wholly owned 
subsidiary of Holdings. FPC, which owns a 91.7806 percent interest in 
CR-3, and which will remain a wholly owned subsidiary of Progress, will 
become an indirect, wholly owned subsidiary of Holdings upon completion 
of the transaction. FPC will retain its existing ownership interest in 
CR-3, continue to hold the CR-3 operating license, and remain the 
licensed operator of CR-3 after the share exchange transaction. No 
direct transfer of the license will occur. No physical changes to the 
facility or operational changes are being proposed in the application.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the

[[Page 14632]]

license, unless the Commission shall give its consent in writing. The 
Commission will approve an application for the indirect transfer of a 
license, if the Commission determines that the underlying transaction 
effecting the indirect transfer will not affect the qualifications of 
the holder of the license, and that the transfer is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto.
    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 April 6, 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 R. Alexander Glenn, Director, Regulatory Counsel Group 
(MAC-BT15A), Florida Power Corporation, P.O. Box 14042, St. Petersburg, 
Florida 33733-4042, Voice (727) 820-5587, FAX (727) 820-5519, and e-
mail [email protected]; Steven Carr, Associate General Counsel, 
Legal Department, Carolina Power & Light Company, P.O. Box 1551, 
Raleigh, North Carolina 27602-1551, Voice (919) 546-4161, Fax (919) 
546-3805, and e-mail [email protected]; the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, e-mail address for 
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 17, 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 January 31, 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 7th day of March 2000.
    For the Nuclear Regulatory Commission.
L.A. Wiens,
Senior Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-6632 Filed 3-16-00; 8:45 am]
BILLING CODE 7590-01-P