[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Notices]
[Pages 43594-43595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20887]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-445 AND 50-446]


TXU Electric, Comanche Peak Steam Electric Station, Units 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 (NRC or the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License Nos. NPF-87 and NPF-89 for 
Comanche Peak Steam Electric Station (CPSES),

[[Page 43595]]

Units 1 and 2, respectively, currently held by TXU Electric, as owner 
and licensed operator of CPSES, Units 1 and 2. The transfer would be to 
an as yet unnamed new company, herein identified as TXU Genco, TLP. TXU 
Electric proposes to provide NRC with the actual name of this entity no 
later than seven days prior to issuance of any conforming amendments. 
The Commission is further considering amending the licenses for 
administrative purposes to reflect the proposed transfer, including 
replacing TXU Electric on the licenses with the new company name. TXU 
Electric also proposes a license amendment to delete the Antitrust 
Conditions in Appendix C of the CPSES, Units 1 and 2, Facility 
Operating Licenses, which is the subject of a separate Federal Register 
notice. CPSES, Units 1 and 2, are located in Somervell and Hood 
counties, Texas.
    According to an application for approval filed by TXU Electric, TXU 
Genco, TLP would assume title to the facility following approval of the 
proposed license transfer, and would be responsible for the operation, 
maintenance, and eventual decommissioning of CPSES, Units 1 and 2. No 
physical changes to CPSES, Units 1 and 2, or operational changes are 
being proposed in the application.
    Pursuant to 10 CFR 50.80, 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 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 September 10, 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: George L. Edgar, Esq., Morgan, Lewis and Bockius, 1800 
M Street, NW., Washington, DC 20036; 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 19, 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 19, 2001, a nonproprietary version of which is 
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 
Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room link at the NRC Web site http://www.nrc.gov/ADAMS/index.htm. If you do not have access to ADAMS or if there are 
problems accessing the document located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or send an email to [email protected].

    Dated at Rockville, Maryland this 14th day of August, 2001.

    For the Nuclear Regulatory Commission.
David H. Jaffe,
Senior Project Manager, Section I, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-20887 Filed 8-17-01; 8:45 am]
BILLING CODE 7590-01-P