[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Notices]
[Pages 46247-46248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13131]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-443; License No. NPF-86]
In the Matter of FPL Energy Seabrook, LLC (Seabrook Station, Unit
No. 1); Order Approving Application Regarding Proposed Corporate Merger
I
FPL Energy Seabrook, LLC (FPL Energy Seabrook or the licensee) is a
holder of Facility Operating License No. NPF-86, which authorizes the
possession, use, and operation of the Seabrook Station, Unit 1
(Seabrook or the facility). FPL Energy Seabrook is licensed by the U.S.
Nuclear Regulatory Commission (NRC or Commission) to operate the
facility. The facility is located at the licensee's site 13 miles south
of Portsmouth, New Hampshire.
II
By application dated January 20, 2006 (the application), FPL Energy
Seabrook requested that the NRC, pursuant to 10 CFR 50.80, consent to
the proposed indirect transfer of control of the license to the extent
currently held by FPL Energy Seabrook. The other co-owners of the
facility, Hudson Light & Power Department, Massachusetts Municipal
Wholesale Electric Company, and Taunton Municipal Light Plant, are not
involved in this action.
According to the application filed by FPL Energy Seabrook, FPL
Energy Seabrook will continue to own an 88.23 percent ownership
interest in the facility.
As stated in the application, in connection with the proposed
merger of FPL Energy Seabrook's ultimate parent company, FPL Group,
Inc. (FPL Group), and Constellation Energy Group, Inc. (CEG, Inc.), 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 percent of the outstanding stock of CEG, Inc., and the
premerger shareholders of CEG, Inc., will own the remaining
approximately 40 percent. 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.
Approval of the indirect transfer of the facility operating license
was requested by FPL Energy Seabrook pursuant to 10 CFR 50.80. Notice
of the request for approval and an opportunity for a hearing was
published in the Federal Register on February 22, 2006 (71 FR 9173). No
comments or petitions to intervene were received.
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. Upon review of the information in the application by FPL
Energy Seabrook and other information before the Commission, the NRC
staff concludes that the proposed merger and resulting indirect
transfer of control of the license will not affect the qualifications
of FPL Energy Seabrook as a holder of the facility license, and
[[Page 46248]]
that the indirect transfer of control of the license as held by FPL
Energy Seabrook, is otherwise consistent with applicable provisions of
law, regulations, and orders issued by the Commission pursuant thereto.
The findings set forth above are supported by a safety evaluation
dated August 3, 2006.
III
Accordingly, pursuant to Sections 161b, 161i and 184 of the Atomic
Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 2201(i)
and 2234; and 10 CFR 50.80, it is hereby ordered that the application
regarding the proposed merger and indirect license transfer is
approved, subject to the following condition:
Should the proposed merger not be completed within one year from
the date of issuance, this Order shall become null and void,
provided, however, upon written application and good cause shown,
such date may in writing be extended.
This Order is effective upon issuance.
For further details with respect to this Order, see the application
dated January 20, 2006, and the safety evaluation dated August 3, 2006,
which are available for public inspection at the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland and
accessible electronically from the Agencywide Documents Access and
Management System (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 3rd day of August 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E6-13131 Filed 8-10-06; 8:45 am]
BILLING CODE 7590-01-P