[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Page 39370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10905]



[[Page 39370]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346]


Firstenergy Nuclear Operating Company, Firstenergy Nuclear 
Generation Corp., Davis-Besse Nuclear Power Station, Unit 1; Notice of 
Consideration of Approval of Application Regarding Proposed Corporate 
Restructuring, 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 Facility Operating License, No. NPF-3, for the 
Davis-Besse Nuclear Power Station, Unit 1 (DBNPS) to the extent 
currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo), 
regarding its ownership of the facility.
    According to an application for approval filed by FirstEnergy 
Nuclear Operating Company (FENOC), the licensed operator of DBNPS, 
acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE 
Solutions), a corporate restructuring is planned such that FE Solutions 
will become the new direct corporate parent of FENGenCo. FE Solutions 
is currently a wholly-owned subsidiary of FirstEnergy Corp., as is 
FENGenCo. After the corporate restructuring, FE Solutions will continue 
to be a wholly-owned subsidiary of FirstEnergy Corp., while FENGenCo 
will be an indirect wholly-owned subsidiary of FirstEnergy Corp. and 
direct wholly-owned subsidiary of FE Solutions.
    No physical changes to the DBNPS 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 
corporate restructuring 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)-(viii).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Mr. David W. Jenkins, Esq., address: 76 South Main 
Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037, 
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 June 6, 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 3rd day of July 2006.

    For the Nuclear Regulatory Commission.
Stephen J. Campbell,
Project Manager, Plant Licensing Branch III-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-10905 Filed 7-11-06; 8:45 am]
BILLING CODE 7590-01-P