[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9172-9173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1555]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331]


FPL Energy Duane Arnold, LLC, Duane Arnold Energy Center; Notice 
of Consideration of Approval of Application Regarding Proposed Merger 
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, Section 50.80 approving the indirect transfer of 
Facility Operating License DPR-49 for the Duane Arnold Energy Center, 
to the extent currently held by FPL Energy Duane Arnold LLC, as a co-
owner and licensed operator of Duane Arnold Energy Center.
    According to an application for approval filed by FPL Energy Duane 
Arnold LLC, FPL Group, Inc., the parent organization of FPL Energy 
Duane Arnold LLC, will merge with a newly created subsidiary of 
Constellation Energy Group, Inc. and become a wholly owned subsidiary 
of Constellation Energy. FPL Energy Duane Arnold LLC will continue to 
own its 70 percent ownership interest in and operate the Duane Arnold 
Energy Center, and hold the license, to the same extent now held. The 
other co-owners of the facility, Central Iowa Power Cooperative and 
Corn Belt Power Cooperative, are not involved in the proposed 
transaction.
    No physical changes to the Duane Arnold Energy Center facility or 
operational changes are being proposed in the application.
    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 the application for the indirect 
transfer of the license, if the Commission determines that the proposed 
merger will not affect the qualifications of the licensee 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.
    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) through (viii).
    Requests for a hearing and petitions for leave to intervene should 
be served upon M.S. Ross, Managing Attorney, Florida Power & Light 
Company, P.O. Box 14000, Juno Beach, FL 33408-0420 (telephone: 561-691-
7126, fax: 561-694-6274, 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

[[Page 9173]]

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 January 20, 2006, 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 Agency wide 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 13th day of February 2006.

    For the Nuclear Regulatory Commission.
Deirdre W. Spaulding,
Project Manager, Plant Licensing Branch III-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 06-1555 Filed 2-21-06; 8:45 am]
BILLING CODE 7590-01-P