[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Pages 39371-39372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10907]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]
FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear
Generation Corp., Beaver Valley Power Station, Units 1 and 2; 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 Licenses, Nos. DPR-66 and
NPF-73, for the Beaver Valley Power Station (BVPS), Units 1 and 2, to
the extent currently held by FirstEnergy Nuclear Generation Corp.
(FENGenCo), regarding its ownership interests in BVPS, Units 1 and 2.
According to an application for approval filed by FirstEnergy
Nuclear Operating Company (FENOC), the licensed operator of BVPS, Units
1 and 2, 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 a direct wholly-owned subsidiary of FE Solutions. The Ohio
Edison Company and the Toledo Edison Company, which hold leased
interests in BVPS, Unit 2 and are licensed to possess such interests,
are not involved in the planned corporate restructuring.
No physical changes to the BVPS 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,
[[Page 39372]]
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 corporate restructuring 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 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 email: [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. E6-10907 Filed 7-11-06; 8:45 am]
BILLING CODE 7590-01-P