[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44841-44842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18238]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]


Amergen Vermont, LLC, Vermont Yankee Nuclear Power Station; 
Notice of Consideration of Approval of Transfer of Facility Operating 
License 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. DPR-28 for the 
Vermont Yankee Nuclear Power Station (Vermont Yankee), currently held 
by Vermont Yankee Nuclear Power Corporation, as the owner and licensed 
operator.
    A direct transfer of this license from Vermont Yankee Nuclear Power 
Corporation to AmerGen Vermont, LLC (AmerGen Vermont) was approved by 
the Nuclear Regulatory Commission by an order dated July 7, 2000. The 
conforming amendment to the license to reflect this transfer will be 
issued upon completion of the purchase of the facility by AmerGen 
Vermont. Upon completion of this transfer, AmerGen Vermont will hold 
the license as the owner and licensed operator of Vermont Yankee.
    AmerGen Energy Company, LLC (AmerGen) and its wholly owned 
subsidiary AmerGen Vermont submitted an application to the Commission 
dated February 28, 2000, which was supplemented by submittals dated May 
12, June 1, and June 28, 2000, for a subsequent indirect transfer of 
the license following the acquisition of Vermont Yankee by AmerGen 
Vermont. The indirect transfer proposed in the February 28, 2000, 
application as supplemented would result from the acquisition of PECO 
Energy Company's (PECO's) existing interest in AmerGen by a new 
generation company. This company, Exelon Generation Company, LLC, is to 
be a subsidiary of Exelon Ventures Company, which will be a wholly 
owned subsidiary of a new holding company, Exelon Corporation. Exelon 
Corporation will be formed from a planned merger between PECO and 
Unicom Corporation (Unicom). The facility is located in Vernon, 
Vermont.
    According to the application filed by AmerGen and AmerGen Vermont, 
AmerGen is a limited liability company formed to acquire and operate 
nuclear power plants in the United States. AmerGen Vermont is a limited 
liability company formed by AmerGen to acquire and operate Vermont 
Yankee. British Energy, Inc., and PECO each own 50 percent of AmerGen. 
Following completion of the merger between Unicom and PECO, Exelon 
Generation Company will acquire PECO's existing 50-percent ownership 
interest in AmerGen. AmerGen Vermont, as a wholly owned subsidiary of 
AmerGen, as owned by Exelon Generation Company and British Energy, 
Inc., will continue to be responsible, after the completion of the 
transfer of Vermont Yankee to AmerGen Vermont, for the operation, 
maintenance, and eventual decommissioning of Vermont Yankee. No direct 
transfer of the license is being proposed. Also, no physical changes to 
the facility or operational changes are being proposed in the 
application.
    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 effectuating 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 with regard to the license transfer 
application, are discussed below.
    By August 8, 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

[[Page 44842]]

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: Kevin P. Gallen, Esq., Morgan, Lewis & Bockius LLP, 
1800 M Street NW, Washington, DC 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 August 18, 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, and supplemental letters dated May 
12, June 1, and June 28, 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 13th day of July 2000.

    For the Nuclear Regulatory Commission.
Richard P. Croteau,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-18238 Filed 7-18-00; 8:45 am]
BILLING CODE 7590-01-P