[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Pages 26641-26642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11396]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423]


Northeast Nuclear Energy Company, et al.; Millstone Nuclear Power 
Station, Unit No. 3; Notice of Consideration of Approval of Application 
Regarding Proposed Corporate Restructuring 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 License No. NPF-49 for the 
Millstone Nuclear Power Station, Unit No. 3 (Millstone, Unit 3), to the 
extent held by United Illuminating Company (UI). The indirect transfer 
would be to UIL Holdings Corporation (Holdings), incorporated in 
Connecticut. Currently, Holdings is a wholly owned subsidiary of UI.
    According to a February 17, 2000, application, as supplemented on 
March 1, 2000, by UI, for approval of certain indirect license 
transfers, on January 24, 2000, UI entered into an ``Agreement and Plan 
of Merger and Share Exchange'' (Plan of Exchange) with Holdings. Under 
the Plan of Exchange, UI will become a wholly owned subsidiary of 
Holdings, while the unregulated businesses of UI will be transferred to 
Holdings as subsidiaries thereof. The establishment of a new parent for 
UI will effect an indirect transfer of the Millstone, Unit 3 license to 
the extent held by UI to Holdings. UI holds a 3.685-percent ownership 
interest in Millstone, Unit 3; however, Northeast Nuclear Energy 
Company (NNEC) is exclusively authorized to operate the unit. NNEC 
would remain as the managing agent for the 14 joint owners of the 
facility including UI and would continue to have exclusive 
responsibility for the management, operation, and maintenance of 
Millstone, Unit 3. The application does not propose a change in the 
rights, obligations, or interests of the other 13

[[Page 26642]]

joint owners of Millstone, Unit 3. In addition, no physical changes to 
the Millstone, Unit 3 facility or operational changes are being 
proposed in the application. No direct transfer of the license will 
result from the proposed corporate restructuring of UI.
    The application also seeks approval of a proposed indirect license 
transfer in connection with UI's partial ownership of Seabrook Station, 
which will be the subject of a separate notice.
    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 May 29, 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 Barton Z. Cowan, Esq., Eckert Seamans Cherin & Mellott, 
LLC, 600 Grant Street, 44th floor, Pittsburgh, PA 15219 (telephone 
number 412-566-6000 and e-mail address [email protected],) attorney for 
United Illuminating Company; 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 7, 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 20555-001, 
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 February 17, 2000, and supplement dated March 1, 
2000, which are 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 May 2000.

Victor Nerses,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-11396 Filed 5-5-00; 8:45 am]
BILLING CODE 7590-01-P