[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Pages 44397-44398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4101]



[Docket Nos. 50-272 and 50-311]

PSEG Nuclear LLC, Salem Nuclear Generating Station, Unit Nos. 1 
and 2; Notice of Consideration of Approval of Transfer of Facility 
Operating Licenses and Conforming Amendments and Opportunity for a 

    The Nuclear Regulatory Commission (NRC or the Commission) is 
considering the issuance of an order under Title 10 of the Code of 
Federal Regulations (10 CFR) Section 50.80 approving the transfer of 
Facility Operating License Nos. DPR-70 and DPR-75 for the Salem Nuclear 
Generating Station, Unit Nos. 1 and 2 (Salem), respectively, to the 
extent currently held by PSEG Nuclear LLC (PSEG) to Exelon Generation 
Company, LLC (Exelon). PSEG is the licensed operator of Salem. PSEG and 
Exelon currently own 57.41 percent and 42.59 percent, respectively, of 
Salem. The transfer of PSEG's ownership interests and operating 
authority to Exelon is part of the proposed merger of PSEG's parent 
corporation, Public Service Enterprise Group, into Exelon Corporation, 
the indirect parent company of Exelon. The Commission is also 
considering amending the licenses for administrative purposes to 
reflect the proposed transfer.
    According to an application for approval filed by PSEG, Exelon 
would assume title to PSEG's interest in the facility following 
approval of the proposed license transfers, while retaining its current 
ownership interests, such that Exelon would own 100 percent of Salem, 
and would become responsible for the operation, maintenance, and 
eventual decommissioning of Salem. No physical changes to the Salem 
facility or operational changes are being proposed in the application.
    The proposed amendments would delete references to PSEG, or replace 
references to PSEG in the licenses with references to Exelon, as 
appropriate, 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 amendments, 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

[[Page 44398]]

license transfer application, are discussed below.
    Within 20 days of 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, pursuant to 10 CFR 2.302 and 2.305, upon Thomas S. O'Neill, 
Vice President and Counsel, Exelon Nuclear, 4300 Winfield Road, 
Warrenville, Illinois 60555, telephone 630-657-3770, fax 630-657-4335, 
and e-mail [email protected]; Jeffrie J. Keenan, Esq., PSEG 
Nuclear LLC, P. O. Box 236, N-21, Hancocks Bridge, New Jersey 08038, 
telephone 856-339-5429, fax 856-339-1234, and e-mail 
[email protected]; the General Counsel, NRC, Washington, DC 20555-
0001, e-mail address for filings regarding license transfer cases only: 
[email protected]; and the Secretary of the Commission, NRC, Washington, DC 
20555-0001, Attention: Rulemakings and Adjudications Staff.
    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 after 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, NRC, Washington, DC 
20555-0001, Attention: Rulemakings and Adjudications Staff, and should 
cite the publication date and page number of this Federal Register 
    For further details with respect to this action, see the 
application dated March 4, 2005, (ML050750110) 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 26th day of July 2005.

    For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4101 Filed 8-1-05; 8:45 am]