[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Notices]
[Page 83103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33348]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219]


AmerGen Energy Company, LLC (Oyster Creek Nuclear Generating 
Station); Order Approving Application Regarding Transfer of Interest in 
Amergen Energy Company, LLC

I

    AmerGen Energy Company, LLC (AmerGen, the licensee) is the holder 
of Facility Operating License No. DPR-16, which authorizes possession, 
use, and operation of Oyster Creek Nuclear Generating Station (the 
facility). The facility is located at the licensee's site in Ocean 
County, New Jersey. AmerGen is owned by PECO Energy Company (PECO) and 
British Energy, Inc., each holding a 50 percent interest. British 
Energy, Inc. is wholly owned by British Energy, plc.

II

    Under cover of a letter dated February 28, 2000, AmerGen submitted 
an application requesting approval of the transfer of control of the 
facility operating license that would occur upon a new generating 
company, Exelon Generation Company, LLC (EGC), acquiring the interest 
in AmerGen now held by PECO. EGC is to be formed as an indirect 
subsidiary of a new holding company, Exelon Corporation (Exelon), which 
was created in connection with the October 20, 2000, merger of Unicom 
Corporation (Unicom), the parent of Commonwealth Edison Company, and 
PECO. EGC will be a subsidiary of Exelon Ventures Company, which in 
turn will be a subsidiary of Exelon. Supplemental information was 
provided by submittals dated May 12, May 24, June 1 and June 28, 2000. 
Hereinafter, the February 28, 2000, application and supplemental 
information will be referred to collectively as the ``application.'' At 
the time of the February 28, 2000, application, GPU Nuclear, Inc. 
(GPUN) was the licensed operator for Oyster Creek Nuclear Generating 
Station and Jersey Central Power and Light Company was the owner of the 
facility. On August 8, 2000, the license and ownership of Oyster Creek 
was transferred to AmerGen.
    Approval of the transfer of control of the facility operating 
license was requested by AmerGen pursuant to 10 CFR 50.80. Notice of 
the request and an opportunity for a hearing was published in the 
Federal Register on July 27, 2000 (65 FR 46182). The Commission 
received no comments or requests for hearing pursuant to such notice.
    Under 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. Upon 
review of the information in the application by AmerGen, and other 
information before the Commission, and relying upon the representation 
and agreements contained in the application, the NRC staff has 
determined that the transfer of PECO's interest in AmerGen to EGC will 
not affect the qualifications of AmerGen to be the holder of the 
license, that AmerGen will remain qualified to hold the license, and 
that the transfer of control of the license, to the extent effected by 
the above transaction, is otherwise consistent with applicable 
provisions of law, regulations, and orders issued by the Commission, 
subject to the conditions set forth below.
    The foregoing findings are supported by a safety evaluation dated 
December 21, 2000.

III

    Accordingly, pursuant to Sections 161b, 161i and 184 of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. Secs. 2201(b), 2201(i) and 
2234; and 10 CFR 50.80, it is hereby ordered that the transfer of 
control of the license as described herein is approved, subject to the 
following condition:
    Should the transfer of control of the license not be completed by 
December 31, 2001, this Order shall become null and void, provided, 
however, upon written application and for good cause shown, such date 
may in writing be extended.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated February 28, 2000, and supplemental submittals dated 
May 12, May 24, June 1 and June 28, 2000, and the safety evaluation 
dated December 21, 2000, which are available for public inspection at 
the Commission's Public Document Room, located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, 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 December 2000.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 00-33348 Filed 12-28-00; 8:45 am]
BILLING CODE 7590-01-P