[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Notices]
[Pages 53035-53036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22335]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


AmerGen Energy Company, LLC, Clinton Power Station, Unit 1; 
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-62 for Clinton 
Power Station, Unit 1, held by AmerGen Energy Company, LLC (AmerGen or 
the licensee), as the owner and licensed operator. The indirect 
transfer would be to a new holding company, Exelon Corporation, for 
PECO Energy Company (PECO), a co-owner of AmerGen. The facility is 
located in DeWitt County, Illinois.
    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. In an application dated 
July 19, 2000, filed by AmerGen, AmerGen referenced an earlier license 
transfer application dated February 28, 2000, and supplements thereto, 
that requested approval of the indirect transfer of the Clinton license 
(and certain other licenses held by AmerGen) that would occur as a 
result of a proposed transfer of PECO's 50 percent interest in AmerGen 
to Exelon Generation Company, LLC (EGC). EGC is to be formed in 
connection with a pending merger between Unicom Corporation and PECO, 
under which merger Commonwealth Edison Company, PECO, and EGC are to 
become direct or indirect subsidiaries of Exelon Corporation. The 
February 28, 2000, application was noticed separately and is still 
under consideration.
    AmerGen indicated in the July 19, 2000, application that the 
transfer of PECO's interest in AmerGen to EGC may be delayed for an 
interim period following completion of the merger, pending the receipt 
of other regulatory approvals. During this interim period,

[[Page 53036]]

PECO, which will have become a subsidiary of Exelon Corporation upon 
the closing of the merger, would continue to hold its interest in 
AmerGen and, thus, its indirect interest in the Clinton license, until 
its interest in AmerGen is transferred to EGC. The July 19, 2000, 
application requests approval of the indirect transfer of the Clinton 
license that would occur upon Exelon Corporation becoming the new 
parent of PECO while PECO continues to hold its interest in AmerGen for 
the above interim period.
    According to the July 19, 2000 application, PECO shareholders will 
become shareholders of Exelon Corporation when PECO becomes a 
subsidiary of Exelon Corporation. AmerGen's technical and financial 
qualifications, and its decommissioning funding arrangements will be 
unchanged by the establishment of the new holding company for PECO 
while PECO continues to hold its interest in AmerGen. The application 
does not propose any changes to the license or technical 
specifications, or physical changes to the facility or operational 
changes.
    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 effecting 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 September 20, 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 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 October 2, 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 July 19, 2000, available for public inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, and available 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 August 2000.

    For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Section 2, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-22335 Filed 8-30-00; 8:45 am]
BILLING CODE 7590-01-P