[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Pages 42687-42688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20401]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-410]


Rochester Gas and Electric Corporation; Nine Mile Point Nuclear 
Station, Unit No. 2; Notice of Consideration of Approval of Application 
Regarding Proposed Merger 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 
indirect transfer of Facility Operating License No. NPF-69 for Nine 
Mile

[[Page 42688]]

Nuclear Station, Unit No. 2 (NMP-2), to the extent held by Rochester 
Gas and Electric Corporation (RG&E). The indirect transfer would result 
from the planned acquisition of RG&E's parent company, RGS Energy 
Group, Inc. (RGS), by Energy East Corporation (Energy East).
    In February 2001, RGS and Energy East entered into an agreement 
pursuant to which RGS would be merged with and into a wholly owned 
subsidiary of Energy East. Subsequent to consummation of the planned 
merger transaction, RG&E will continue to exist as a wholly owned 
indirect subsidiary of Energy East.
    According to an application filed by RG&E, RG&E would continue to 
own its current 14 percent undivided ownership interest in NMP-2 
notwithstanding the merger. RG&E is licensed to possess (along with 
several other co-owners of NMP-2) but not operate NMP-2. Niagara Mohawk 
Power Corporation (NMPC)'s status as the facility licensed operator 
would not change by reason of the RGS merger and acquisition.
    The NRC has recently approved certain direct NMP-2 license 
transfers involving RG&E, in addition to other co-owners of NMP-2. See 
Order Approving Transfer of Licenses and Conforming Amendments, 66 FR 
34723 (2001). If such direct license transfers are consummated prior to 
completion of the NRC staff's action on the instant application filed 
by RG&E with respect to NMP-2, the request for approval of the indirect 
transfer of the NMP-2 license as held by RG&E would become moot.
    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 indirect 
transfer of a license if the Commission determines that the underlying 
transaction effecting the indirect transfer will not affect the 
qualifications of the holder of the license, and that the transfer is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto.
    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 September 3, 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: Daniel F. Stenger, Esq., Foley & Lardner, 888 16th 
Street, N.W., Washington, D.C. 20006 (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 September 13, 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 June 22, 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. Publicly 
available records will be accessible electronically from the Agencywide 
Documents Access and Management Systems (ADAMS) Public Electronic 
Reading Room on the internet at the NRC Web site, http://www.nrc.gov/ADAMS/index.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by email to [email protected].

    Dated at Rockville, Maryland this 7th day of August 2001.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-20401 Filed 8-13-01; 8:45 am]
BILLING CODE 7590-01-P