[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Notices]
[Pages 50694-50695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24867]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293]


Entergy Nuclear Generation Co. Pilgrim Nuclear Power Station; 
Notice of Consideration of Approval of Transfer of Operating Authority 
Under Facility Operating License, Transfer of 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 other 
applicable regulations approving the transfer of operating authority 
under Facility Operating License No. DPR-35, and the transfer of 
Materials License No. 20-07626-04 for the Pilgrim Nuclear Power Station 
(Pilgrim) currently held by Entergy Nuclear Generation Company (ENGC), 
which is the owner of Pilgrim. The transfer of authority to operate 
Pilgrim and transfer of the materials license would be to Entergy 
Nuclear Operations, Incorporated (ENO). ENO is an indirect subsidiary 
of Entergy Corporation. The Commission is further considering amending 
the licenses for administrative purposes to reflect the proposed 
transfer.
    According to an application for approval filed by ENGC, ENGC's 
ownership of Pilgrim would be unchanged and ENGC would continue to be 
responsible for the costs associated with operating and maintaining 
Pilgrim. In addition, there would be no changes to existing 
decommissioning funding assurance arrangements. ENO would become a 
licensee, authorized to operate the unit and possess certain nuclear 
materials. No physical changes to the facility or operational changes 
are being proposed in the application.
    The proposed amendments would replace references to ENGC in the 
licenses as the operator of Pilgrim with references to ENO, and 
otherwise substitute ENO for ENGC as appropriate in the licenses.
    Pursuant to 10 CFR 50.80, no license 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 license transfer 
application, are discussed below.
    By October 24, 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 Douglas E. Levanway, Esq., counsel for ENGC, at Wise, 
Carter, Child, and Caraway, P.O. Box 651, Jackson, MS 39205 (tel: 601-
968-5524; fax: 601-968-5519; 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 November 5, 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 August 24, 2001, available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available

[[Page 50695]]

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 Reference staff at 1-800-397-4209, 301-415-4737 or by 
email to [email protected].

    Dated at Rockville, Maryland this 27th day of September 2001.

    For the Nuclear Regulatory Commission.
Robert D. Starkey,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-24867 Filed 10-3-01; 8:45 am]
BILLING CODE 7590-01-P