[Federal Register Volume 65, Number 145 (Thursday, July 27, 2000)]
[Notices]
[Pages 46182-46183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19008]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219]


AmerGen Energy Company, LLC; Oyster Creek Nuclear Generating 
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 
transfer of Facility Operating License No. DPR-16 for the Oyster Creek 
Nuclear Generating Station, currently held by GPU Nuclear, Inc. and 
Jersey Central Power & Light Company, as the owner and licensed 
operator.
    A direct transfer of this license from GPU Nuclear, Inc. and Jersey 
Central Power & Light Company to AmerGen Energy Company, LLC (AmerGen) 
was approved by the Nuclear Regulatory Commission by an order dated 
June 6, 2000. The conforming amendment to the license to reflect this 
transfer will be issued upon completion of the purchase of the facility 
by AmerGen. Upon completion of this transfer, AmerGen will hold the 
license as the owner and licensed operator of Oyster Creek.
    AmerGen 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 transfer of the license following 
the acquisition of Oyster Creek by AmerGen. The subsequent transfer 
proposed in the application dated February 28, 2000, as supplemented 
would result from the acquisition of PECO Energy Company's (PECO's) 
existing interest in AmerGen by a new generation company, Exelon 
Generation Company, LLC (EGC). EGC 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 Lacey Township, Ocean County, New Jersey.
    According to the application filed for approval 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 percent of AmerGen. Following completion of the merger between 
Unicom and PECO, EGC will acquire PECO's existing 50-percent ownership 
interest in AmerGen. AmerGen, as owned by EGC and British Energy, Inc., 
will continue to be responsible, assuming the completion of the 
transfer of Oyster Creek to AmerGen, for the operation, maintenance, 
and eventual decommissioning of Oyster Creek. 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 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.
    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 16, 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 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

[[Page 46183]]

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 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 
application dated February 28, 2000, and the supplements dated May 12, 
June 1, and June 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 21st day of July 2000.

For the Nuclear Regulatory Commission.
Helen N. Pastis,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-19008 Filed 7-26-00; 8:45 am]
BILLING CODE 7590-01-P