[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44393-44394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4099]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440]


FirstEnergy Nuclear Operating Company, Perry Nuclear Power Plant, 
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-58 for the Perry Nuclear 
Power Plant, Unit No. 1 (Perry), to the extent held by OES Nuclear, 
Inc. (OES Nuclear), 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 licenses 
for administrative purposes 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

[[Page 44394]]

Operating Company (FENOC), on behalf of OES Nuclear, Cleveland 
Electric, Toledo Edison and FENGenCo, FENGenCo would assume OES 
Nuclear's 17.42 percent undivided ownership interest in Perry, 
Cleveland Electric's 44.85 percent undivided ownership interest in 
Perry and Toledo Edison's 19.91 percent undivided ownership interest in 
Perry following approval of the proposed license transfers. FENOC, 
currently the licensed operator of Perry, would remain so and continue 
to be responsible for the operation and maintenance of Perry. Ohio 
Edison's 12.58 percent leased interest in Perry would not be changed. 
No physical changes to the Perry facility or operational changes are 
being proposed in the application.
    The proposed conforming amendment generally would replace 
references to OES Nuclear, Cleveland Electric and Toledo Electric in 
the license 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 antitrust conditions, and would be 
responsible for any actions of FENOC that contravene the antitrust 
conditions. Once removed from the license, OES Nuclear, Cleveland 
Electric and Toledo Electric as non-licensees would no longer be 
subject to the antitrust conditions contained in the Perry 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 at 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. E5-4099 Filed 8-1-05; 8:45 am]
BILLING CODE 7590-01-P