[Federal Register Volume 66, Number 236 (Friday, December 7, 2001)]
[Notices]
[Pages 63566-63567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30342]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]


Vermont Yankee Nuclear Power Corporation; Vermont Yankee Nuclear 
Power Station; 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-28 currently held by 
Vermont Yankee Nuclear Power Corporation (VYNPC), as owner and licensed 
operator of Vermont Yankee Nuclear Power Station (VYNPS). The transfer 
would be to Entergy Nuclear Vermont Yankee, LLC (Entergy Nuclear VY), 
the proposed owner of VYNPS, and to Entergy Nuclear Operations, Inc. 
(ENO), the proposed entity to operate VYNPS. The Commission is also 
considering amending the license for administrative purposes to reflect 
the proposed transfer.
    According to an application for approval filed by VYNPC, Entergy 
Nuclear VY, and ENO, Entergy Nuclear VY would assume title to the 
facility following approval of the proposed license transfer, and ENO 
would operate and maintain VYNPS. VYNPC will transfer all 
decommissioning trust funds to a decommissioning trust established by 
Entergy Nuclear VY. No physical changes to the facility or operational 
changes are being proposed in the application.
    The proposed amendment would replace references to VYNPC in the 
license with references to Entergy Nuclear VY and/or ENO, as 
appropriate, and make other necessary administrative changes to reflect 
the proposed transfer.
    Entergy Nuclear VY, a Delaware limited liability company, is an 
indirect wholly owned subsidiary of Entergy Corporation, and an 
indirect wholly owned subsidiary of Entergy Nuclear Holding Company #3.
    ENO, a Delaware corporation, is an indirect wholly owned subsidiary 
of Entergy Corporation, and a direct wholly owned subsidiary of Entergy 
Nuclear Holdings Company #2.
    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 license transfer 
application, are discussed below.
    By December 27, 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 David R. Lewis, Esq., Shaw, Pittman, LLP, 2300 N Street, 
NW., Washington, DC 20037-1128, Phone: (202) 663-8474, Fax: (202) 663-
8007, e-mail: [email protected]; and Douglas Levanway, Esq., 
Wise Carter Child & Caraway, 600 Heritage Building, 401 East Capitol 
Street, P.O. Box 651, Jackson, MS 39201-5519, Phone: (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 January 7, 2002, 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.
    Further details with respect to this action, see the initial 
application dated October 5, 2001, and supplements dated November 7 and 
November 8, 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

[[Page 63567]]

at the NRC Web site, http://www.nrc.gov/ADAMS/index.html. Persons who 
do not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC Public Document Room 
(PDR) Reference staff by telephone at 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].

    Dated at Rockville, Maryland this 3rd day of December 2001.

    For the Nuclear Regulatory Commission.
Robert M. Pulsifer,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 01-30342 Filed 12-6-01; 8:45 am]
BILLING CODE 7590-01-P