[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