[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14599-14600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6173]



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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317-50, 50-318 and 72.8]


Calvert Cliffs Nuclear Power Plant, Inc., Calvert Cliffs Nuclear 
Power Plant, Unit Nos. 1 and 2, Calvert Cliffs Independent Spent Fuel 
Storage Installation; Notice of Consideration of Approval of Direct and 
Indirect Transfer of Renewed Facility Operating Licenses and Materials 
License 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 and 72.50 
approving the direct transfer of Renewed Facility Operating Licenses 
Nos. DPR-53 and DPR-69 for Calvert Cliffs Nuclear Power Plant (Calvert 
Cliffs), Unit Nos. 1 and 2, and Materials License No. SNM-2505 for the 
Calvert Cliffs Independent Spent Fuel Storage Installation (ISFSI) 
currently held by Calvert Cliffs Nuclear Power Plant, Inc. (CCNPPI), as 
the owner and licensed operator. The direct transfer would be to a new 
limited liability company, Calvert Cliffs Nuclear Power Plant, LLC 
(CCNPP LLC). CCNPP LLC will be an indirect subsidiary of a new holding 
company, currently referred to as New Controlled, which will be formed 
as a result of a corporate realignment of CCNPPI's ultimate parent, 
Constellation Energy Group, Inc. (CEG). The Commission is also 
considering approving associated indirect license transfers to the 
extent such would be effected by the realignment, or by Virgo Holdings, 
Inc. (Virgo), an indirect wholly owned subsidiary of The Goldman Sachs 
Group, Inc., acquiring a certain voting interest in New Controlled. The 
Commission is further considering amending the licenses for 
administrative purposes to reflect the proposed direct transfer. The 
facility and ISFSI are located in Calvert County, Maryland.
    According to an application for approval filed by CCNPPI, CCNPP LLC 
would assume the assets and associated liabilities of CCNPPI, including 
the facility and ISFSI, following approval of the proposed transfer of 
the licenses, and would become the owner and operator of Calvert Cliffs 
and the ISFSI. No physical changes to the facility or ISFSI or 
operational changes are being proposed in the application. In addition, 
a new holding company, New Controlled, will be formed over CCNPP LLC, 
and Virgo may acquire up to a 17.5% voting interest in that company. 
The Commission is not considering at this time approving any indirect 
license transfers that may be associated with Virgo acquiring an 
additional voting interest beyond 17.5% in New Controlled.
    The proposed amendments would replace references to CCNPPI in the 
licenses with references to CCNPP LLC.
    Pursuant to 10 CFR 50.80 and 72.50, no license shall be 
transferred, directly or indirectly, through transfer of control of the 
license, unless the Commission gives its consent in writing. The 
Commission will approve an application for the direct transfer of a 
license if the Commission determines that the proposed transferee is 
qualified to hold the license, and will approve an application for an 
indirect transfer if the Commission determines the underlying 
transaction effectuating the indirect transfer will not affect the 
qualifications of the holder of the license, and in both cases if 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 
or the license of an ISFSI which does no more than conform the license 
to reflect the transfer action involves respectively no significant 
hazards consideration or no genuine issue as to whether the health and 
safety of the public will be significantly affected. 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 April 2, 2001, 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: Jay E. Silberg, Esquire, Shaw, Pittman, Potts, and 
Trowbridge, 2300 N Street, NW., Washington, DC 20037; 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 April 11, 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 December 20, 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

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ADAMS Public Electronic Reading Room link at the NRC Web site 
(http:\\www.nrc.gov).

    Dated at Rockville, Maryland this 5th day of March 2001.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Acting Section Chief, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-6173 Filed 3-12-01; 8:45 am]
BILLING CODE 7590-01-P