[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Pages 77428-77429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8141]



[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 
    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 
    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 

[[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]