[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Notices]
[Pages 39214-39215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18770]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305]


Nuclear Management Company, LLC, Kewaunee Nuclear Power Plant, 
Notice of Consideration of Approval of Transfer of 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 Facility Operating License No. DPR-43 for the Kewaunee 
Nuclear Power Plant (KNPP), to the extent held by Madison Gas and 
Electric Company (MG&E) in connection with MG&E's 17.8 percent 
ownership intrest in KNPP. The transfer would be to Wisconsin Public 
Service Corporation (WPSC), currently a 41.2 percent owner of KNPP. 
Wisconsin Power and Light Company (WP&L), the only other co-owner of 
KNPP, is not involved in the transfer. Nuclear Management Company, LLC 
(NMC), the licensed operator of KNPP, would remain as such. The 
Commission is also considering amending the license for administrative 
purposes to reflect the proposed transfer.
    According to an application for approval filed by NMC, WPSC would 
acquire MG&E's ownership interest in the facility following approval of 
the proposed license transfer, and would become responsible for the 
decommissioning costs for KNPP that are currently the responsibility of 
MG&E, in addition to remaining responsible for such costs associated 
with WPSC's current ownership interest. MG&E will transfer a certain 
amount of the decommissioning trust funds accumulated by it, and make 
certain additional payments, to WPSC such that the total amount of 
decommissioning funds held by WPSC following the transfer of MG&E's 
ownership interest in KNPP to WPSC would exceed the Commission's 
required minimum amount on a pro rata basis. No physical changes to the 
facility or operational changes are being proposed in the application.
    The proposed amendment would delete references to MG&E in the 
license 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 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

[[Page 39215]]

license transfer application, are discussed below.
    By August 16, 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 Bradley D. Jackson, Esq., Foley & Lardner, One South 
Pinckney Street, P.O. Box 1497 Madison, WI 53701-1497, telephone number 
608-258-4262, fax number 608-258-4258, and 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 August 27, 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 April 30, 2001, supplemental submittal dated June 27, 
2001, 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 20th day of July 2001.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Project Manager Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-18770 Filed 7-26-01; 8:45 am]
BILLING CODE 7590-01-P