[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4302-4303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1418]
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NUCLEAR REGULATORY COMMISSION
[Dockets No. 50-155 and 72-043]
Consumers Energy Company Big Rock Point Plant; Notice of
Consideration of Approval of Transfer of Facility Operating License and
Conforming Amendment 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 and 10 CFR
72.50 approving the transfer of Facility Operating License No. DPR-6
for Big Rock Point (BRP) Plant and Independent Spent Fuel Storage
Installation (ISFSI) License No. SFGL-16 for BRP currently held by
Consumers Energy Company (Consumers). The transfer would be to Entergy
Nuclear Palisades, LLC (Entergy Nuclear Palisades) to possess and own,
and Entergy Nuclear Operations, Inc. (ENO), to control and operate, the
ISFSI. The Commission is also considering amending the licenses for
administrative purposes to reflect the proposed transfer.
According to an application for approval filed by Consumers,
Entergy Nuclear Palisades, and ENO, Entergy Nuclear Palisades would
acquire ownership of the facility following approval of the proposed
license transfer, and ENO would control and operate ISFSI. No physical
change to the BRP facility or operational changes are being proposed in
the application.
The proposed amendment would replace references to Consumers in the
license with references to Entergy Nuclear Palisades and ENO to reflect
the proposed transfer.
Pursuant to 10 CFR 50.80 and 10 CFR 72.50, no license, or any right
thereunder, shall be transferred, directly or indirectly, through
transfer of control of any license unless the Commission shall give its
consent in writing. The Commission will approve an application for the
transfer of a license, if the Commission determines that the proposed
transferee is qualified 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.
Before issuance of the proposed conforming license amendment, 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
or to the license of an ISFSI 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.
[[Page 4303]]
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 E. Levanway, Wise, Carter, Child, and Caraway,
P.O. Box 651, Jackson, MS 39205, 601-968-5524, Facsimile: 601-968-5593,
E-mail: [email protected], and Sam Behrends, LeBoeuf, Lamb, Greene &
MacRae, 1875 Connecticut Ave., NW, Suite 1200, Washington, DC 20009,
202-986-8108, Facsimile: 202-986-8102, 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 FR Notice.
For further details with respect to this action, see the
application dated October 31, 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, 301-415-4737 or by e-mail to
[email protected].
Dated at Rockville, Maryland this 18th day of January 2007.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing
Directorate, Division of Waste Management, and Environmental
Protection, Office of Federal and State Materials, and Environmental
Management Programs.
[FR Doc. E7-1418 Filed 1-29-07; 8:45 am]
BILLING CODE 7590-01-P