[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44391-44392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4096]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346]
FirstEnergy Nuclear Operating Company, Davis-Besse Nuclear Power
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-3 for the Davis-Besse
Nuclear Power Station, Unit No. 1 (Davis-Besse), to the extent held by
the Cleveland Electric Illuminating Company (Cleveland Electric) and
the Toledo Edison Company (Toledo Edison). The transfer would be to
FirstEnergy Nuclear Generation Corporation (FENGenCo). The Commission
is further considering amending the license, which contains antitrust
license conditions, to reflect the proposed transfer.
According to an application for approval dated June 1, 2005, as
supplemented by letter dated July 15, 2005, filed by FirstEnergy
Nuclear Operating Company (FENOC), on behalf of Cleveland Electric,
Toledo Edison and FENGenCo, FENGenCo would assume Cleveland Electric's
51.38 percent undivided ownership interest in Davis-Besse and Toledo
Edison's 48.62 percent undivided ownership interest in Davis-Besse
following approval of the proposed license transfers. FENOC, currently
the licensed operator of Davis-Besse, would remain so and continue to
be responsible for the operation and maintenance of Davis-Besse. No
physical changes to the Davis-Besse facility or operational changes are
being proposed in the application.
The proposed conforming amendment generally would replace
references to Cleveland Electric and Toledo Electric
[[Page 44392]]
in the licenses with references to FENGenCo, as appropriate, to reflect
the proposed transfer of the license. With regard to the antitrust
conditions in the license, the application proposes changes such that
FENGenCo would be subject to the conditions, and would be responsible
for any actions of FENOC that contravene the antitrust conditions. In
addition, the antitrust conditions would note that Cleveland Electric
and Toledo Edison are no longer licensees for Davis-Besse. As non-
licensees, Cleveland Electric and Toledo Edison would no longer be
subject to the antitrust conditions contained in the Davis-Besse
license.
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 direct
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.
Within 20 days from the date of publication of this notice, 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 C, ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of Documents,
Selection of Specific Hearing Procedures, Presiding Officer Powers, and
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR
part 2. In particular, such requests and petitions must comply with the
requirements set forth in 10 CFR 2.309. Untimely requests and petitions
may be denied, as provided in 10 CFR 2.309(c)(1), 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 2.309(c)(1)(i)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon David W. Jankins, Esq., FirstEnergy Corp., 76 South Main
Street, Mail Stop A-Go-18, Akron, OH 44308, tel: (330) 384-5037, and 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 2.302 and 2.305.
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, within 30 days from the date of publication of this notice,
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 June 1, 2005, and the supplemental letter dated July
15, 2005, 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 in Rockville, Maryland this 27th day of July 2005.
For the Nuclear Regulatory Commission.
William A. Macon, Jr.,
Project Manager, Section 2, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4096 Filed 8-1-05; 8:45 am]
BILLING CODE 7590-01-P