[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9175-9176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1619]


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NUCLEAR REGULATORY COMMISSION

[Dockets No. 50-220 and 50-410]


Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear 
Station, Unit Nos. 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 10 CFR 50.80 approving the 
indirect transfer of the Renewed Facility Operating Licenses, which are 
numbered DPR-63 and NPF-69, for the Nine Mile Point Nuclear Station, 
Unit Nos. 1 and 2 (NMP), currently held by Nine Mile Point Nuclear 
Station, LLC (NMP LLC), as owner and licensed operator. Long Island 
Power Authority holds a 18-percent ownership interest in NMP Unit No. 
2, but is not involved in this proposed action.
    According to an application for approval filed by Constellation 
Generation Group, LLC (CGG), on behalf of NMP LLC, in connection with 
the merger of CGG's parent company, Constellation Energy Group, Inc. 
(CEG, Inc.) and FPL Group, Inc. (FPL Group), FPL Group will become a 
wholly owned subsidiary of CEG, Inc. At the closing of the merger, the 
former shareholders of FPL Group will own approximately 60% of the 
outstanding stock of CEG, Inc., and the pre-merger shareholders of CEG, 
Inc., will own the remaining approximately 40%. In addition, the CEG, 
Inc., board of directors will be composed of fifteen members, nine of 
whom will be named by FPL Group, and six of whom will be named by the 
current CEG, Inc. NMP LLC will continue to own and operate the facility 
and hold the licenses to the same extent now held.
    No physical changes to the 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 a 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.

[[Page 9176]]

    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 Mr. Jay M. Gutierrez at Morgan, Lewis & Bockius, LLP, 
1111 Pennsylvania Avenue, Washington, DC 20004, telephone: 202-739-
5466, fax: 202-739-3001, and 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 23, 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.
Patrick D. Milano,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 06-1619 Filed 2-21-06; 8:45 am]
BILLING CODE 7590-01-P