[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Notices]
[Pages 83103-83104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33349]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


AmerGen Energy Company, LLC (Clinton Power Station); Order 
Approving Application Regarding Transfer of Interest in AmerGen Energy 
Company, LLC, and Conforming Amendment

I

    AmerGen Energy Company, LLC (AmerGen, the licensee) is the holder 
of Facility Operating License No. NPF-62, which authorizes possession, 
use, and operation of Clinton Power Station (the facility). The 
facility is located at the licensee's site in DeWitt County,

[[Page 83104]]

IIlinois. 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. AmerGen also requested approval of 
a conforming amendment to reflect the transfer. 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.'' The conforming license amendment would add language to 
two license conditions that were imposed in connection with the initial 
transfer of the license to AmerGen. The first condition, which requires 
the submission of certain Securities and Exchange Commission reports 
pertaining to PECO stock, would be expanded to reflect and account for 
EGC (and further, any direct or indirect successor to PECO's interest) 
acquiring PECO's interest in AmerGen, such that meaningful reports 
would continue to be submitted. The second condition, which pertains to 
the contingency fund commitment now provided to AmerGen by PECO and 
British Energy, plc, would be expanded to reflect and account for EGC 
assuming PECO's share of the commitment, which will occur in connection 
with the subject transfer, and further any successor to any share of 
the commitment for which either PECO or British Energy, plc, are now 
responsible.
    Approval of the transfer of control of the facility operating 
license and conforming license amendment was requested by AmerGen 
pursuant to 10 CFR 50.80 and 10 CFR 50.90. Notice of the request and an 
opportunity for a hearing was published in the Federal Register on 
April 11, 2000 (65 FR 19396). 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 NRC staff has further 
found that the application for the proposed license amendment complies 
with the standards and requirements of the Atomic Energy Act of 1954, 
as amended, and the Commission's rules and regulations set forth in 10 
CFR Chapter I; the facility will operate in conformity with the 
application, the provisions of the Act and the rules and regulations of 
the Commission; there is reasonable assurance that the activities 
authorized by the proposed license amendment can be conducted without 
endangering the health and safety of the public and that such 
activities will be conducted in compliance with the Commission's 
regulations; the issuance of the proposed license amendment will not be 
inimical to the common defense and security or to the health and safety 
of the public; and the issuance of the proposed amendment will be in 
accordance with 10 CFR Part 51 of the Commission's regulations and all 
applicable requirements have been satisfied.
    The foregoing findings are supported by a safety evaluation dated 
December 21, 2000.

III

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), 
2201(o), 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:

    AmerGen shall inform the Director of the Office of Nuclear 
Reactor Regulation, in writing, of the date of the closing of the 
subject transaction no later than 7 business days prior to the date 
of the closing. 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.

    It is Further Ordered that, consistent with 10 CFR 2.1315(b), a 
license amendment that makes changes, as indicated in Enclosure 4 to 
the cover letter forwarding this Order, to conform the license to 
reflect the subject transfer of control of the license is approved. The 
amendment shall be issued and made effective at the time the proposed 
transfer of control of the license is completed.
    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. 00-33349 Filed 12-28-00; 8:45 am]
BILLING CODE 7590-01-P