[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Notices]
[Pages 18381-18382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8628]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-245, 50-336, and 50-423]


Northeast Nuclear Energy Company, et al.; Millstone Nuclear Power 
Station, Units 1, 2, and 3; Notice of Consideration of Approval of 
Application Regarding Proposed Merger 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 
indirect transfer of Facility Operating Licenses Nos. DPR-21, DPR-65 
and NPF-49 for the Millstone Nuclear Power Station, Units 1, 2, and 3, 
(Unit 1, Unit 2, and Unit 3), respectively, to the extent held by 
Connecticut Light and Power Company (CL&P), Western Massachusetts 
Electric Company (WMECO), Northeast Nuclear Energy Company (NNECO), and 
Public Service Company of New Hampshire (PSNH). The indirect transfer 
would be to a new Consolidated Edison, Inc., incorporated in Delaware 
(New CEI), resulting from the planned merger of Consolidated Edison, 
Inc. (CEI), the current parent of Consolidated Edison Company of New 
York, Inc. (Con Ed), and Northeast Utilities (NU), the parent company 
of WMECO, CL&P, PSNH and NNECO.
    According to a January 13, 2000, application by ConEd, NNECO, and 
North Atlantic Energy Service Corporation (NAESCO) for approval of 
certain indirect license transfers, on October 13, 1999, NU entered 
into an Agreement and Plan of Merger with CEI. Upon consummation of the 
merger, NU will become a wholly owned subsidiary of New CEI. CL&P, 
WMECO, NNECO, and PSNH are all subsidiaries of NU, and will remain as 
such following the merger, but will have a new indirect parent, New 
CEI. Accordingly, consummation of the merger will effect an indirect 
transfer of the Millstone Units 1, 2, and 3 licenses to the extent held 
by the above NU subsidiaries, to New CEI. CL&P and WMECO hold ownership 
interests in Units 1 and 2, and NNECO is exclusively authorized to 
operate both Units as well as Unit 3. CL&P, WMECO, and PSNH hold 
ownership interests in Unit 3 along with 11 other co-owners not 
affiliated with NU. NNECO would remain as the managing agent for the 
joint owners of the facilities and would continue to have exclusive 
responsibility for the management, operation, and maintenance of Units 
1, 2, and 3. The application does not propose a change in the rights, 
obligations, or interests of the other 11 joint owners of Unit 3 which 
are not affiliates of NU. In addition, no physical changes to Units 1, 
2, and 3 or operational changes are being proposed. No direct transfer 
of the licenses will result from the proposed merger.
    The application also seeks approval of certain proposed indirect 
license transfers in connection with Seabrook Station and Indian Point, 
Units 1 and 2 facilities, which will be the subject of separate 
published notices.
    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 indirect 
transfer of a license, if the Commission determines that the underlying 
transaction that will effectuate 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 regarding the license transfer 
application, are discussed below.
    By April 27, 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 Brent L. Brandenburg, Esq., Consolidated Edison Co. of 
New York, Inc., 4 Irving Place--1830, New York,

[[Page 18382]]

NY 10003 (telephone number (212) 460-4333 and e-mail address 
[email protected]), attorney for Consolidated Edison, Inc., 
William J. Quinlan, Esq., Northeast Utilities, 107 Selden Street, 
Berlin, CT 06037 (telephone number (860) 665-3761 and e-mail address 
[email protected]), attorney for Northeast Utilities; 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 May 8, 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 the Federal Register notice.
    For further details with respect to this action, see the 
application dated January 13, 2000, which is 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 April 2000.

    For The Nuclear Regulatory Commission.
Victor Nerses,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-8628 Filed 4-6-00; 8:45 am]
BILLING CODE 7590-01-P