[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Notices]
[Pages 2455-2456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1211]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323]


Pacific Gas and Electric Company, Diablo Canyon Nuclear Power 
Plant, Unit Nos. 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 (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating Licenses Nos. DPR-80 and DPR-82, for the 
Diablo Canyon Nuclear Power Plant, Unit Nos. 1 and 2 (Diablo Canyon) 
currently held by Pacific Gas and Electric Company (PG&E), as owner and 
licensed operator of Diablo Canyon. The Commission is also considering 
amending the licenses for administrative purposes to reflect the 
proposed transfer, and amending the antitrust conditions in licenses as 
discussed below.
    According to an application for approval filed by PG&E, the 
transfer of the licenses would be to a new generating company named 
Electric Generation LLC (Gen), which would operate the facility, and to 
a new wholly-owned subsidiary of Gen named Diablo Canyon LLC (Nuclear), 
which would hold title to Diablo Canyon and lease it to Gen. PG&E is 
requesting approval of these transfers in connection with a 
comprehensive Plan of Reorganization (Plan) for PG&E filed under 
Chapter 11 of the United States Bankruptcy Code.
    No physical changes to Diablo Canyon or operational changes are 
being proposed in the application.
    The proposed conforming administrative amendments generally would 
replace references to PG&E in the licenses with references to Gen and 
Nuclear, as appropriate, to reflect the proposed transfer. With 
specific regard to the antitrust conditions in the licenses, the 
application proposes changes such that Gen will be inserted in the 
conditions and thus become

[[Page 2456]]

subject to complying with them, and E Trans LLC, a new company that 
will be affiliated with Gen upon implementation of the Plan and that 
will acquire the electric transmission assets of PG&E but not have any 
interest in Diablo Canyon, will be also be inserted in the conditions 
and thus become subject to complying with them. In addition, the 
application proposes that PG&E will remain designated in the conditions 
for the limited purpose of compliance with the conditions, 
notwithstanding the divesting of its interest in Diablo Canyon, while 
Nuclear will not be named in the conditions.
    Notwithstanding the proposed changes to the antitrust conditions 
proffered as part of the amendments to conform the licenses to reflect 
their transfer from PG&E to Gen and Nuclear, the Commission is 
considering specifically whether to approve either all of the proposed 
changes to the conditions, or only some, but not all, of the proposed 
changes, as may be appropriate and consistent with the Commission's 
decision in Kansas Gas and Electric Co., et al. (Wolf Creek Generating 
Station, Unit 1), CLI-99-19, 49 NRC 441, 466 (1999). In particular, the 
Commission is considering approving only those changes that would 
accurately reflect Gen and Nuclear as the only proposed entities to 
operate and own Diablo Canyon.
    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 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 February 6, 2002, 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 Richard F. Locke, Esq., Pacific Gas and Electric 
Company, 77 Beale Street, B30A, San Francisco, California 94105 (e-mail 
address [email protected]), and to David A. Repka, Esq., Winston & Strawn, 
1400 L Street, NW., Washington, DC 20005 (e-mail address 
[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 February 19, 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 application 
dated November 30, 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. 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 email to [email protected].

    Dated at Rockville, Maryland this 10th day of January 2002.

    For the Nuclear Regulatory Commission.
Girija S. Shukla,
Project Manager, Section 2, Project Directorate IV, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-1211 Filed 1-16-02; 8:45 am]
BILLING CODE 7590-01-P