[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39953-39954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16295]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333]


The Power Authority of the State of New York, James A. 
Fitzpatrick Nuclear Power Plant; 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. DPR-59 for the James A. 
FitzPatrick Nuclear Power Plant (FitzPatrick) currently held by the 
Power Authority of the State of New York (PASNY), as owner and operator 
of FitzPatrick. The transfer would be to Entergy Nuclear FitzPatrick, 
LLC (Entergy Nuclear FitzPatrick), the proposed owner of FitzPatrick, 
and to Entergy Nuclear Operations, Inc. (ENO), the proposed operator of 
FitzPatrick. The Commission is also considering amending the license 
for administrative purposes to reflect the proposed transfer.
    According to applications for approval filed by PASNY, the current 
license holder, and Entergy Nuclear FitzPatrick and ENO, Entergy 
Nuclear FitzPatrick would assume title to the facility following 
approval of the proposed license transfer, and ENO would become 
responsible for the operation and maintenance of FitzPatrick . The 
application states that the regulatory responsibility for 
decommissioning the plant will transfer to Entergy Nuclear FitzPatrick 
upon transfer of the license and closing of transactions. Pursuant to 
the Decommissioning Agreements and subject to the monetary limits of 
those Agreements, PASNY will have a contractual obligation to Entergy 
Nuclear FitzPatrick to decommission FitzPatrick. PASNY will have the 
option, upon occurrence of certain events specified in the 
Decommissioning Agreements, to terminate this contractual obligation. 
Upon such termination, PASNY would have no further contractual 
responsibility to Entergy Nuclear FitzPatrick to decommission the plant 
and no further involvement with the decommissioning process; also, the 
Decommissioning Funds must be transferred to Entergy Nuclear 
FitzPatrick. If PASNY does not terminate its contractual responsibility 
before the dismantling of FitzPatrick begins, PASNY's contractual 
responsibility would be carried out

[[Page 39954]]

pursuant to the Decommissioning Agreements. Under those Agreements, 
PASNY and Entergy Nuclear, Inc. (ENI) are required to enter into an 
agreement whereby ENI would decommission the plant in accordance with 
the Decommissioning Agreements. Entergy Nuclear FitzPatrick, through 
its authorized agent, ENO, would at all times retain ultimate control 
over the decommissioning activities of ENI and its contractors.
    Upon closing, all employees within the PASNY's Nuclear Generation 
Department, and certain other employees supporting the Nuclear 
Generation Department, will become employees of ENO. No physical 
changes to the FitzPatrick facility or operational changes are being 
proposed in the application.
    Entergy Nuclear FitzPatrick, a Delaware Corporation, is an indirect 
wholly owned subsidiary of Entergy Corporation, and a wholly owned 
indirect subsidiary of Entergy Nuclear Holding Company #1. ENO, a 
Delaware Corporation, is an indirect wholly owned subsidiary of Entergy 
Corporation, and a direct wholly owned subsidiary of Entergy Nuclear 
Holding Company #2.
    The proposed amendment would replace references to PASNY in the 
license with references to Entergy Nuclear FitzPatrick and/or ENO, and 
make other necessary administrative changes to reflect the proposed 
transfer.
    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 amendment, 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 July 18, 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 Mr. Douglas Levanway, Wise, Carter, Child and Caraway, 
P.O. Box 651, Jackson, MS 39205, Phone: 601-968-5524, Fax: 601-968-
5519, E-mail: [email protected]; Mr. Gerald Goldstein, Asst. General 
Counsel, New York Power Authority, 1633 Broadway, New York, NY 10019-
6756, Phone: 212-468-6131, Fax: 212-468-6206, 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 July 28, 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 
applications dated May 11, 2000, and May 12, 2000, as supplemented by 
letters dated June 13, 2000, and June 16, 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 23rd day of June, 2000.

    For The Nuclear Regulatory Commission.
Guy S. Vissing,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-16295 Filed 6-27-00; 8:45 am]
BILLING CODE 7590-01-P