[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9171-9172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1560]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-335 and 50-389]
Florida Power and Light Company; St. Lucie Nuclear Plant; Units 1
and 2; 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 (CFR), Section 50.80 approving the indirect
transfer of the Renewed Facility Operating Licenses, which are numbered
DPR-67 and NPF-16, for the St. Lucie Nuclear Plant, Units 1 and 2, to
the extent currently held by Florida Power and Light Company (FPL), as
owner and licensed operator of St. Lucie Unit 1 and co-owner and
licensed operator of St. Lucie Unit 2.
According to an application for approval filed by FPL, FPL Group,
Inc., the parent organization of FPL, will merge with a newly created
subsidiary of Constellation Energy Group, Inc., and become a wholly
owned subsidiary of Constellation Energy. FPL will continue to own and
operate St. Lucie Unit 1, and continue to own its 85.1 percent
ownership interest in and operate St. Lucie Unit 2, and hold the
licenses to the extent now held. The other co-owners of St. Lucie Unit
2, Orlando Utilities Commission of the City of Orlando, Florida, and
the Florida Municipal Power Agency, are not involved in the proposed
transaction.
No physical changes to the St. Lucie facilities 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 licenses, if the Commission determines that the
proposed merger will not affect the qualifications of the licensee to
hold the licenses, 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
[[Page 9172]]
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 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.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 06-1560 Filed 2-21-06; 8:45 am]
BILLING CODE 7590-01-P