[Federal Register Volume 66, Number 19 (Monday, January 29, 2001)]
[Notices]
[Pages 8122-8123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2480]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003 and 50-247]


Consolidated Edison Company of New York, Inc.; Indian Point 
Nuclear Generating Unit Nos. 1 and 2; Notice of Consideration of 
Approval of Transfer of Facility Operating Licenses and Conforming 
Amendments, 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 Provisional Operating License No. DPR-5, for the 
Indian Point Nuclear Generating Unit No. 1 (IP1), and Facility 
Operating License No. DPR-26, for Indian Point Nuclear Generating Unit 
No. 2 (IP2), both currently held by the Consolidated Edison Company of 
New York, Inc. (Con Edison), as owner of IP1 and owner and operator of 
IP2. The transfer would be to Entergy Nuclear Indian Point 2, LLC 
(Entergy Nuclear IP2), the proposed owner of IP1 and IP2, and to 
Entergy Nuclear Operations, Inc. (ENO), the proposed entity to maintain 
IP1 and operate IP2. The Commission is also considering amending the 
licenses for administrative purposes to reflect the proposed transfers.
    According to application for approval filed by Con Edison, Entergy 
Nuclear IP2, and ENO, Entergy Nuclear IP2 would assume title to both 
facilities following approval of the proposed license transfers, and 
ENO would become responsible for the maintenance of IP1 and operation 
and maintenance of IP2. Con Edison will transfer decommissioning funds 
for both plants to Entergy Nuclear IP2 at the close of the sale. All 
employees within Con Edison's Nuclear Generation Department, and 
certain other employees supporting the Nuclear Generation Department, 
will become employees of ENO. No physical changes to either facilities 
nor operational changes are being proposed in the application.
    Entergy Nuclear IP2, a Delaware limited liability company, is an 
indirect wholly owned subsidiary of Entergy Corporation, and an 
indirect wholly owned subsidiary of Entergy Nuclear Holding Company #3.
    ENO, a Delaware corporation, is an indirect wholly owned subsidiary 
of Entergy Corporation, and a direct wholly owned subsidiary of Entergy 
Nuclear Holding Company #2.
    The proposed amendments would replace references to Con Edison in 
the license with references to Entergy Nuclear IP2 and/or ENO, as 
appropriate, and make other necessary administrative changes to reflect 
the proposed transfer.
    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.
    Before issuance of the proposed conforming license amendments, 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 February 20, 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 Douglas Levanway, Esq., Wise, Carter, Child and Caraway, 
P.O. Box 651, Jackson, MS 39205, Phone: 601-968-5524, Fax: 601-968-
5519, E-mail: [email protected]; Brent Brandenburg, Esq., Asst. 
General Counsel, Consolidated Edison Company of New York, Inc., 4 
Irving Place, Room 1820, New York, NY 10003, Phone: 212-460-4333, Fax: 
212-260-8627, E-mail: [email protected]; 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 February 28, 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 and cover letter dated December 12, 2000, 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).


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    Dated at Rockville, Maryland this 23rd day of January 2001.

    For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Section 1, Project Directorate 1, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-2480 Filed 1-26-01; 8:45 am]
BILLING CODE 7590-01-P