[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Notices]
[Pages 64131-64132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28295]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-245, 50-336, and 50-423]


Dominion Nuclear Connecticut, Inc., Millstone Power Station, Unit 
Nos. 1, 2, and 3; Notice of Consideration of Approval of Application 
Regarding Proposed Corporate Restructuring and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission or NRC) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
indirect transfer of Facility Operating Licenses Nos. DPR-21, DPR-65, 
and

[[Page 64132]]

NPF-49 for the Millstone Power Station, Unit Nos. 1, 2, and 3 
(Millstone), respectively, to the extent held by Dominion Nuclear 
Connecticut, Inc. (DNC). DNC is a wholly-owned, indirect subsidiary of 
Dominion Resources, Inc. (DRI), the ultimate parent of DNC. The 
proposed changes would result from a corporate realignment involving 
several steps, including: the elimination of certain intermediate 
subsidiaries of DRI that are parents of DNC; the merger of certain 
intermediate subsidiaries of DRI, affecting the chain of ownership of 
DNC; and the insertion of a new direct parent for DNC in the corporate 
structure.
    According to an application for approval filed by DNC dated October 
8, 2003, the proposed corporate restructuring would involve an internal 
realignment and consolidation of energy marketing functions within the 
Dominion companies. The changes would not result in any direct transfer 
of the facility licenses for the Millstone units which are and would 
remain held by DNC and, in the case of Millstone Unit No. 3, certain 
unaffiliated co-owners. Following the proposed restructuring, DNC would 
continue to operate and (in conjunction with the unaffiliated owners of 
Millstone Unit No. 3) own the Millstone units. No physical changes to 
the Millstone units 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 that will effectuate 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 December 2, 2003, 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 Lillian M. Cuoco, Senior Counsel, Dominion Resources 
Services, Inc., Rope Ferry Road, Waterford, CT 06385 (telephone: 860-
444-5316; fax: 860-444-4278; e-mail: [email protected]; the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001 (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 December 12, 2003, 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 October 8, 2003, available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible 
electronically from the Agencywide Documents Access and Management 
System's (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 November, 2003.

    For The Nuclear Regulatory Commission.
Richard B. Ennis,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-28295 Filed 11-10-03; 8:45 am]
BILLING CODE 7590-01-P