[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Pages 55175-55176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18661]



[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 
    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]