[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Notices]
[Pages 18378-18379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8629]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003 and 50-247]


Consolidated Edison Company of New York, Inc.; Indian Point 
Nuclear Generating Units 1 and 2; 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-5 and DPR-26 
for the Indian Point Nuclear Generating Units 1 and 2 (Indian Point 
Units 1 and 2), held by Consolidated Edison Company of New York, Inc. 
(Con Ed). 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 Con 
Ed, and Northeast Utilities (NU).
    According to a January 13, 2000, application by Con Ed, North 
Atlantic Energy Service Corporation (NAESCO), and Northeast Nuclear 
Energy Company (NNECO), 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. In addition, Con Ed, presently a 
subsidiary of CEI, will become a subsidiary of New CEI. Accordingly, 
consummation of the merger will effect an indirect transfer of the 
Indian Point Units 1 and 2 licenses to New CEI. Con Ed owns Indian 
Point Units 1 and 2 and is authorized to operate the units. Following 
the merger, Con Ed would continue to have responsibility for the 
management, operation, and maintenance of the Indian Point Units 1 and 
2 and own the facility. No physical changes to Indian Point Units 1 and 
2 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 the Millstone Nuclear Power 
Station, Units 1, 2, and 3, and the Seabrook Station, Unit 1, 
facilities, which will be the subject of separate 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 in10 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, 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 (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.

[[Page 18379]]

    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 this 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 Website (http://www.NRC.gov).

    Dated at Rockville, Maryland this 3rd day of April 2000.

    For the Nuclear Regulatory Commission.
Jefferey F. Harold,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-8629 Filed 4-6-00; 8:45 am]
BILLING CODE 7590-01-P