[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Notices]
[Pages 19396-19397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8950]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


Amergen Energy Company, LLC, Clinton Power Station; Notice of 
Consideration of Approval of Transfer of Facility Operating License and 
Conforming Amendment 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 License No. NPF-62 for Clinton Power 
Station, held by AmerGen Energy Company, LLC (AmerGen), as the owner 
and licensed operator. The transfer would result from the acquisition 
of PECO Energy Company's existing interest in AmerGen by a new 
generation company. This company, presently referred to in the subject 
application described below as GENCO, is to be a subsidiary of a new 
holding company Exelon Corporation formed from the proposed merger 
between PECO Energy Company (PECO) and Unicom Corporation (Unicom). The 
Commission is also considering amending the license for administrative 
purposes to reflect the proposed transfer. The facility is located in 
DeWitt County, Illinois.
    According to an application for approval filed by AmerGen, AmerGen 
is a limited liability company formed to acquire and operate nuclear 
power plants in the United States. British Energy, Inc. and PECO each 
own 50% of AmerGen. Following completion of the merger between Unicom 
and PECO, GENCO will acquire PECO's existing 50% ownership interest in 
AmerGen. AmerGen, as owned by GENCO and British Energy, Inc. will 
continue to be responsible for the operation, maintenance, and eventual 
decommissioning of Clinton Power Station. No physical changes to the 
facility or operational changes are being proposed in the application.
    The proposed amendment to the operating license would add language 
to the license transfer conditions that were incorporated into the 
Clinton Operating License upon the initial transfer of the license to 
AmerGen, to reflect the transfer of PECO's ownership interest in 
AmerGen to a new entity.
    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 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 May 1, 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 
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

[[Page 19397]]

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:
    Mr. Kevin P. Gallen, Esq., Morgan, Lewis & Bockius LLP, 1800 M 
Street, N. W., Washington, D.C. 20036-5869; 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 May 11, 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 February 28, 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 6th day of April 2000.

    For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-8950 Filed 4-10-00; 8:45 am]
BILLING CODE 7590-01-P