[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Pages 55175-55176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18661]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331]
Nuclear Management Company, Duane Arnold Energy Center; Notice of
Consideration of Approval of Transfer of Facility Operating License 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. DPR-49 for the Duane Arnold
Energy Center (DAEC) to the extent currently held by Interstate Power
and Light Company (IPL) as owner, and Nuclear Management Company, LLC
(NMC) as licensed operator of DAEC. The transfer would be to FPL Energy
[[Page 55176]]
Duane Arnold, LLC (FPLE Duane Arnold). The Commission is also
considering amending the license for administrative purposes to reflect
the proposed transfer.
According to an application for approval filed by DAEC, FPLE Duane
Arnold, an indirect, wholly owned subsidiary of FPL Group, Inc., would
assume title to IPL's 70 percent ownership of the facility following
approval of the proposed license transfer, and would be responsible for
the operation, maintenance, and eventual decommissioning of DAEC. FPLE
Duane Arnold will also take title to the general license for the
independent spent fuel storage installation. No physical changes to the
DAEC facility or operational changes are being proposed in the
application.
The proposed amendment would replace references to IPL and NMC in
the license with references to FPLE Duane Arnold, 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 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 Robert E. Helfrich, Senior Attorney, FPL Energy, LLC,
700 Universe Blvd., Juno Beach, Florida 33408, (561) 304-5288,
facsimile: (561) 691-7135, e-mail: [email protected], Sam
Behrends, LeBoeuf, Lamb, Greene & MacRae, 1875 Connecticut Ave., NW,
Suite 1200, Washington, DC 20009, (202) 986-8108, facsimile: (202) 986-
8102, e-mail: [email protected], Kent M. Ragsdale, Managing Attorney--
Regulatory Alliant Energy Corporate Services, Inc., PO Box 351, 2100
First Street, SE., Cedar Rapids, IA 52406-0351, 319-786-7765,
facsimile: (319) 786-4533, e-mail: [email protected],
Jonathan Rogoff, Vice President, General Counsel and Secretary, Nuclear
Management Company, LLC, 700 First Street, Hudson, WI 54016, (715) 377-
3316, facsimile: (715) 386-1013, 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 August 1, 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 12th day of September 2005.
For the Nuclear Regulatory Commission.
Deirdre W. Spaulding,
Project Manager, Section 1, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 05-18661 Filed 9-19-05; 8:45 am]
BILLING CODE 7590-01-P