[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44389-44390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4102]
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NUCLEAR REGULATORY COMMISSION
[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]
BILLING CODE 7590-01-P