[Federal Register Volume 65, Number 244 (Tuesday, December 19, 2000)]
[Notices]
[Pages 79431-79432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32305]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255]


Consumers Energy Co.; Palisades Plant; Notice of Consideration of 
Approval of Transfer of Operating Authority Under 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 operating authority under Facility Operating License No. 
DPR-20 for the Palisades Plant, currently held by Consumers Energy 
Company (CEC), as owner and licensed operator of the Palisades Plant. 
The transfer would be to an operating company called Nuclear Management 
Company, LLC (NMC). The Commission is also considering amending the 
license for administrative purposes to reflect the proposed transfer. 
If authorized to operate the facility, NMC, according to the 
application described below, will also act as the general licensee for 
the Independent Spent Fuel Storage Installation at the Palisades Plant, 
pursuant to 10 CFR 72.210.
    By application dated November 21, 2000, seeking approval of the 
transfer, the Commission was informed that CEC has entered into a 
Nuclear Power Plant Operating Services Agreement with NMC. Under this 
Agreement, NMC is to assume exclusive responsibility for the operation 
and maintenance of the Palisades Plant. CEC's ownership of the 
Palisades Plant will not be affected by the proposed transfer of 
operating authority. Likewise, CEC's entitlement to capacity and energy 
from the Palisades Plant will not be affected by the transfer of 
operating authority. No physical changes to the facility or operational 
changes are being proposed in the application.
    The proposed amendment would reflect the transfer of authority 
under the license to use and operate the Palisades Plant from CEC to 
NMC. Consistent with this designation of NMC as the entity authorized 
to use and operate the Palisades Plant, the amendment would also 
reflect that NMC would be authorized to receive, possess, and use the 
related licensed nuclear materials, including byproduct and special 
nuclear material. In addition, the amendment would reflect that CEC 
would be authorized to possess, but not use or operate, the Palisades 
Plant.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly,

[[Page 79432]]

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 January 8, 2001, 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 Arunas T. Udrys, Esquire, Consumers Energy Company, 212 
West Michigan Avenue, Jackson, Michigan 49201 (tel: 517-788-2513; fax: 
517-788-0768; e-mail: [email protected]); and 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 January 18, 2001, 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 November 21, 2000. Documents may be examined, and/or 
copied for a fee, at the NRC's Public Document Room, located at one 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records will be accessible electronically 
from the ADAMS Public Library component on the NRC Web site, http://www.nrc.gov (the Electronic Reading Room).

    Dated at Rockville, Maryland this 11th day of December 2000.

    For the Nuclear Regulatory Commission,
Tae J. Kim,
Acting Chief, Section 1, Project Directorate III, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-32305 Filed 12-18-00; 8:45 am]
BILLING CODE 7590-01-P