[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30980-30981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11374]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 AND 50-316]


Indiana Michigan Power Company; Donald C. Cook Nuclear Plant 
Units 1 and 2; Notice of Consideration of Approbal of Application 
Regarding Proposed Corporate Restructuring 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 Licenses Nos. DPR-58 and DPR-74 
for the Donald C. Cook Nuclear Plant, Units 1 and 2, held by Indiana 
Michigan Power Company (I&M, the licensee), as the owner and licensed 
operator. The indirect transfer would occur as a result of a proposed 
corporate restructuring, under which an affiliate company, Central and 
South West Corporation (CSW), would become the direct parent company of 
I&M. I&M and CSW are currently wholly-owned, direct subsidiaries of 
American Electric Power Company (AEP). AEP is a registered holding 
company under the Public Utility Holding Company Act of 1935, as 
amended. Upon the completion of the restructuring, CSW will remain a 
wholly-owned, direct subsidiary of AEP, while I&M will be a wholly-
owned, direct subsidiary of CSW. Thus, I&M will become an indirect 
subsidiary of AEP.
    According to an application for approval filed by the licensee, the 
proposed action will not involve any transfer of the assets of I&M, 
which will continue to be the licensee, responsible for the operation, 
maintenance, and eventual decommissioning of Donald C. Cook Nuclear 
Plant, Units 1 and 2. No physical changes to the Donald C. Cook Nuclear 
Plant facility, changes to the License or Technical Specifications or 
operational changes are being proposed in the application.
    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 May 28, 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 Jeffrey D. Cross, Esq., General Counsel, 1 Riverside 
Plaza, Columbus, Ohio 34215 (tel: 614-223-2580; fax: (614) 223-1560; e-
mail: [email protected]); and the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555 (e-mail address for filings 
regarding license

[[Page 30981]]

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 June 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.
    For further details with respect to this action, see the 
application dated March 28, 2002, 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 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/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS, should contact the NRC 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 1st day of May, 2002.

    For the Nuclear Regulatory Commission.
John Stang,
Project Manager, Section I, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-11374 Filed 5-7-02; 8:45 am]
BILLING CODE 7590-01-P