[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Notices]
[Pages 33321-33322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8922]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361 and 50-362]
Southern California Edison Company; San Diego Gas and Electric
Company; the Cities of Riverside and Anaheim, CA; San Onofre Nuclear
Generating Station, Units 2 and 3; Notice of Consideration of Approval
of Transfer Facility Operating Licenses 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 approving the
direct transfer of the Facility Operating Licenses, which are numbered
NPF-10 and NPF-15, for the San Onofre Nuclear Generating Station, Units
2 and 3 (SONGS 2 and 3), currently held by Southern California Edison
Company (SCE), San Diego Gas and Electric Company, the City of
Riverside, California, and the City of Anaheim, California (Anaheim),
as owners; and Southern California Edison Company as licensed operator
of SONGS 2 and 3. The request is to transfer Anaheim's 3.16 percent
undivided ownership interest in SONGS 2 and 3 to SCE, excluding
Anaheim's interest in its spent fuel and in the SONGS 2 and 3
independent spent fuel storage installation (ISFSI). The Commission is
also considering amending the license for administrative purposes to
reflect the proposed transfer.
According to the application for approval filed by SCE, acting on
behalf of itself and Anaheim, SCE would acquire Anaheim's 3.16 percent
ownership interest in the facility, excluding Anaheim's interest in its
spent fuel and in the SONGS 2 and 3 ISFSI located on the SONGS site,
following approval of the proposed license transfer. SCE would retain
exclusive responsibility for the operation and maintenance of SONGS 2
and 3.
No physical changes to the SONGS 2 and 3 facility or operational
changes are being proposed in the application.
The proposed amendments would state that the City of Anaheim has
transferred its ownership interests in the facility, and entitlement to
generating output, to Southern California Edison Company, except that
it retains its ownership interests in its spent nuclear fuel and the
facility's ISFSI located on the facility's site. In addition, the
proposed amendments would state that the City of Anaheim retains
financial responsibility for its spent fuel and for a portion of the
facility's decommissioning costs, and it remains a licensee for the
purposes of its retained interests and liabilities.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the licenses, unless the Commission shall give its consent
in writing. The Commission will approve an application for the direct
transfer of the licenses, if the Commission determines that the
proposed transferee is qualified 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.
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
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration and 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
50.91.
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 Douglas K. Porter, 2244 Walnut Grove Avenue, Rosemead,
CA 91770, telephone number: 626-302-3964; the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail
address [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
[[Page 33322]]
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 March 10, 2006, as supplemented by the electronic
mail from the licensee dated May 16, 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 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, or 301-415-4737 or by
e-mail to [email protected].
Dated at Rockville, Maryland, this 30th day of May 2006.
For the Nuclear Regulatory Commission.
N. Kalyanam,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-8922 Filed 6-7-06; 8:45 am]
BILLING CODE 7590-01-P