[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Notices]
[Pages 3183-3184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1319]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]
Rochester Gas and Electric Corporation R.E. Ginna Nuclear Power
Plant; 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 (NRC or the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
transfer of Facility Operating License No. DPR-18 for the R.E Ginna
Nuclear Plant (Ginna) currently held by Rochester Gas and Electric
Corporation (RG&E), as owner and licensed operator of Ginna. The
transfer would be to R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC).
The Commission is also considering amending the license for
administrative purposes to reflect the proposed transfer.
According to a December 16, 2003, application for approval filed by
RG&E and Constellation Generation Group, LLC, Ginna LLC would assume
title to the facility following approval of the proposed license
transfer, and would be responsible for the operation, maintenance, and
eventual decommissioning of Ginna. No physical changes to the Ginna
facility or operational changes are being proposed in the application.
However, the license transfer is contingent upon NRC approval of the
pending application to renew the operating license for Ginna for an
additional 20 years beyond the current license expiration date of
September 18, 2009.
The proposed amendment would replace references to RG&E in the
license with references to Ginna LLC to reflect the new owner and make
any other changes necessary to reflect the proposed transfer.
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 February 11, 2004, 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 James M. Petro, Counsel for Constellation Energy Group,
750 East Pratt Street, 5th Floor, Legal Department, Baltimore, MD
21201, (410) 783-3303, e-mail: [email protected]; James R.
Curtiss, Counsel for Constellation Energy Group at Winston & Strawn,
1400 L St., NW., Washington, DC 20005, (202) 371-5751, e-mail:
[email protected]; Samuel Behrends, Counsel for Rochester Gas and
Electric Corporation, at LeBoeuf, Lamb, Greene and MacRae, 1875
Connecticut Avenue, NW., Washington, DC 20009, (202) 986-8018, e-mail:
[email protected]; Daniel F. Stenger, Counsel for Rochester Gas and
Electric Corporation, at Ballard Spahr Andrews & Ingersoll, LLP, 601
13th Street, NW., Suite 1000 South, Washington, DC 20005-3807, (202)
661-7617, 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 February 23, 2004, 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 December 16, 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
[[Page 3184]]
(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 15th day of January 2004.
For the Nuclear Regulatory Commission.
Robert Clark,
Project Manager, Section 1, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-1319 Filed 1-21-04; 8:45 am]
BILLING CODE 7590-01-P