[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Notices]
[Pages 77428-77429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8141]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, 50-287, and 72-004]
Duke Energy Corporation; Oconee Nuclear Station, Units 1, 2, and
3; Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring and Conforming Amendments, 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 and 72.50
approving the indirect transfer of Facility Operating Licenses Nos.
DPR-38, DPR-47, and DPR-55 and NRC Materials License No. SNM-2503 for
the Oconee Nuclear Station, Units 1, 2, and 3, currently held by Duke
Energy Corporation, as owner and licensed operator of Oconee Nuclear
Station, Units 1, 2, and 3. The indirect transfer would be to a new
holding company to be named Duke Energy Corporation. The Commission is
also considering amending the licenses for administrative purposes to
reflect the proposed change of the name of the licensee from Duke
Energy Corporation to Duke Power Company LLC.
According to an application for approval filed by Duke Energy
Corporation, following approval of the proposed indirect license
transfers, a new holding company would be created to become the parent
of the licensee. No physical changes to the Oconee Nuclear Station,
Units 1, 2, and 3, facility or ISFSI or operational changes are being
proposed in the application.
The proposed amendments would reflect the proposed change in the
name of the licensee from Duke Energy Corporation to Duke Power Company
LLC, following the licensee's conversion from a corporation to a
limited liability company. Although the Part 50 licenses contain
antitrust conditions, there are no proposed changes to these
conditions.
Pursuant to 10 CFR 50.80 and 10 CFR 72.50, 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 indirect transfer of a license, if the Commission determines that
the proposed underlying transaction resulting in the indirect transfer
will not affect the qualifications of the holder of the license, and
that the indirect 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
or to the license of an independent spent fuel storage installation
which does no more than conform the license to reflect the indirect
transfer action involves no significant hazards consideration or no
genuine issue as to whether the health and safety of the public will be
significantly affected. 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 Timika Shafeek-Horton, Assistant General Counsel, Duke
Energy Law Department, Mail Code EC07H-7109, P.O. Box 1006, 526 South
Church St., Charlotte, NC 28201-1006, (704) 382-6373, (704) 382-6056
fax; 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
[[Page 77429]]
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 indirect 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 5, 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 23rd day of December 2005.
For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Senior Project Manager, Plant Licensing Branch II-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E5-8141 Filed 12-29-05; 8:45 am]
BILLING CODE 7590-01-P