[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Pages 25963-25964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11102]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317, 50-318, and 72-8]


Baltimore Gas and Electric Company, Calvert Cliffs Nuclear Power 
Plant, Unit Nos. 1 and 2 and Calvert Cliffs Independent Spent Fuel 
Storage Installation; Notice of Consideration of Approval of Transfer 
of Renewed Facility Operating Licenses and Materials 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 Renewed Facility Operating Licenses Nos. DPR-53 and DPR-69 
for the Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 (CCNPP), 
and Materials License No. SNM-2505 for the Calvert Cliffs Independent 
Spent Fuel Storage Installation (ISFSI) currently held by Baltimore Gas 
and Electric Company (BGE), as owner and licensed operator of CCNPP and 
the ISFSI. The transfer would be to Calvert Cliffs, Inc. The Commission 
is also considering amending the licenses and Technical Specifications 
(TSs) for administrative purposes to reflect the proposed transfer.
    By application dated February 29, 2000, as supplemented April 7, 
2000, BGE requested the Commission's approval of the proposed license 
transfers as part of the corporate restructuring of BGE in accordance 
with Maryland's Electric Customer Choice and Competition Act of 1999. 
Under this restructuring, Constellation Energy Group, Inc. 
(``Constellation Energy''), the parent of BGE, has formed a wholly 
owned subsidiary, Constellation Nuclear Group, LLC (``CN''). BGE 
proposes to transfer ownership of and the licenses for CCNPP and the 
ISFSI to a subsidiary of BGE, Calvert Cliffs, Inc. (``Company''). BGE 
will then transfer the ownership of Company to Constellation Energy, 
which in turn will transfer the ownership of Company to CN. The result 
will be that CN, as owned by Constellation Energy, will own Company, 
which will be the owner and licensee of CCNPP and the ISFSI.
    The proposed amendments would revise the licenses and the ISFSI 
TSs, to reflect their transfer from BGE to Company.
    Pursuant to 10 CFR 50.80 and 10 CFR 72.50, 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 be 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.
    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 
or the license of an ISFSI which does no more than conform the license 
to reflect the transfer action, involves respectively, ``no significant 
hazards consideration'' or ``no genuine issue as to whether the health 
and safety of the public will be significantly affected.'' No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determinations 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 24, 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

[[Page 25964]]

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 Jay Silberg, Esq., counsel for BGE, at Shaw, Pittman, 
Potts and Trowbridge, 2300 N Street, NW, Washington, DC 20037 (tel: 
202-663-8063; fax: 202-663-8007; 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 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 June 5, 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 29, 2000, as supplemented April 7, 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 28th day of April 2000.

    For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Director, Project Directorate I, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-11102 Filed 5-3-00; 8:45 am]
BILLING CODE 7590-01-P