[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Pages 44389-44390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4102]



[Docket Nos. 50-277 and 50-278]

Exelon Generation Company, LLC, PSEG Nuclear LLC, Peach Bottom 
Atomic Power Station, Units 2 and 3; Notice of Consideration of 
Approval of Transfer of Facility Operating Licenses and Conforming 
Amendments and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (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 Licenses Nos. DPR-44 and DPR-56 for the Peach Bottom 
Atomic Power Station, Units 2 and 3, to the extent currently held by 
PSEG Nuclear LLC with respect to its ownership interests in the plants 
to Exelon Generation Company, LLC. Exelon Generation Company, LLC, is 
the licensed operator of Peach Bottom Atomic Power Station, Units 2 and 
3. PSEG Nuclear LLC and Exelon Generation Company, LLC, currently each 
own 50 percent of Peach Bottom Atomic Power Station, Units 2 and 3. The 
transfer of PSEG Nuclear's ownership interests to Exelon Generation 
Company, LLC, is part of the proposed merger of PSEG Nuclear LLC's 
indirect parent corporation, Public Service Enterprise Group into 
Exelon Corporation, the indirect parent company of Exelon Generation 
Company, LLC. The Commission is also considering amending the licenses 
for administrative purposes to reflect the proposed transfer.
    According to an application for approval filed by Exelon Generation 
Company, LLC, on behalf of itself and PSEG Nuclear LLC, Exelon 
Generation Company, LLC, would own 100 percent of the facility 
following approval of the proposed license transfers. There would be no 
change with regard to Exelon Generation Company, LLC's, operation of 
Peach Bottom Atomic Power Station, Units 2 and 3. No physical changes 
to the Peach Bottom Atomic Power Station, Units 2 and 3, facility or 
operational changes are being proposed in the application.
    The proposed amendments would replace references to PSEG Nuclear 
LLC in the license with references to Exelon Generation Company, LLC, 
as 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

[[Page 44390]]

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 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 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, 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 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, 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 March 3, 2005, (ML050670664) 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 26th day of July 2005.

    For the Nuclear Regulatory Commission.
George F. Wunder,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4102 Filed 8-1-05; 8:45 am]