[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Notices]
[Pages 40972-40973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15089]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443]


North Atlantic Energy Service Corporation; Seabrook Station, Unit 
No. 1; 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. NPF-86 to the extent 
currently held by North Atlantic Energy Service Corporation (NAESCO), 
as the licensed operator and a non-owner of Seabrook Station, Unit No. 
1 (Seabrook Station) and by certain owners of Seabrook Station 
(``Selling Owners''). The transfer would be to FPL Energy Seabrook, LLC 
(FPLE Seabrook), an indirect, wholly owned subsidiary of FPL Energy, 
LLC (FPLE), which is a wholly owned subsidiary of FPL Group Capital, 
Inc., which, in turn, is a wholly owned subsidiary of FPL Group, Inc. 
(FPL Group). The Commission is also considering amending the license 
for administrative purposes to reflect the proposed transfer.
    The following is a list of the Selling Owners who hold ownership 
interests in Seabrook Station and their respective interests:

------------------------------------------------------------------------
                        Selling owners                          Percent
------------------------------------------------------------------------
North Atlantic Energy Service Corporation....................   35.98201
The United Illuminating Company..............................   17.50000
Great Bay Power Corporation..................................   12.13240
New England Power Company....................................    9.95766
The Connecticut Light and Power Company......................    4.05985
Canal Electric Company.......................................    3.52317
Little Bay Power Corporation.................................    2.89989
New Hampshire Electric Cooperative, Inc......................    2.17391
                                                              ----------
      Total Ownership Included in Sale.......................   88.22889
------------------------------------------------------------------------

    Massachusetts Municipal Wholesale Electric Company which holds a 
11.59340% ownership interest, Taunton Municipal Lighting Plant which 
holds a 0.10034% ownership interest, and Hudson Light and Power 
Department which holds a 0.07737% ownership interest in Seabrook 
Station are not involved in the subject license transfer.
    According to an application for approval filed by NAESCO on behalf 
of itself and the Selling Owners, FPLE Seabrook would assume title to 
the acquired ownership interests in the facility following approval of 
the proposed license transfer, and would be responsible for the 
operation, maintenance, and eventual decommissioning of Seabrook 
Station. No physical changes to the facility or operational changes are 
being proposed in the application.
    The proposed amendment would replace references to NAESCO in the 
license as the operator of Seabrook Station with references to FPLE 
Seabrook, make changes consistent with FPLE Seabrook's acquisition of 
the ownership interests of the Selling Owners, and delete the Selling 
Owners from the license to reflect the proposed transfer.
    While the application contemplates that all of the Selling Owners 
will eventually transfer their respective interests in the facility to 
FPLE Seabrook, albeit not necessarily on the same closing date, the NRC 
is also considering approving the application such that in the event 
one or more Selling Owners do not or are unable to complete their 
transfers, the remaining Selling Owners will be authorized nonetheless 
to transfer their interests to FPLE Seabrook.
    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 July 5, 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 Mitchell S. Ross, Counsel for FPLE Seabrook, FPL Energy, 
LLC, Law Department, 700 Universe Boulevard, P.O. Box 14000, Juno 
Beach, FL 33408-0420, Phone: 561-691-7126, Fax: 561-691-7135, e-mail: 
[email protected];

[[Page 40973]]

and William J. Quinlan, Deputy General Counsel, Northeast Utilities, 
P.O. Box 270, Hartford, CT 06141, Phone: 860-665-3761, Fax: 860-665-
5504, 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 July 15, 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 May 17, 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 5th day of June, 2002.

    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. 02-15089 Filed 6-13-02; 8:45 am]
BILLING CODE 7590-01-P