[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9035-9036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3474]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266, 50-301, and 72-5]
Nuclear Management Company, LLC; Wisconsin Electric Power Company
Point Beach Nuclear Plant, Unit Nos. 1 and 2, and Independent Spent
Fuel Storage Installation; Notice of Consideration of Approval of
Transfer of Renewed 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 Renewed Facility Operating Licenses, which are
numbered DPR-24 and DPR-27, for the Point Beach Nuclear Plant, Unit
Nos. 1 and 2 (Point Beach), currently held by Wisconsin Electric Power
Company (WEPCO), as owner, and Nuclear Management Company, LLC (NMC),
as operating authority, of Point Beach. The transfer would be to FPL
Energy Point Beach, LLC (FPLE Point Beach). WEPCO and NMC are also
seeking, as an option, approval to transfer the operating authority for
Point Beach from NMC to FPLE Point Beach prior to the closing for the
transfer of ownership. The Commission is considering amending the
licenses for administrative purposes to reflect the proposed transfers.
According to an application for approval dated January 26, 2007,
and filed by WEPCO and NMC, FPLE Point Beach would acquire ownership of
the facility following approval of the proposed transfer of licenses,
and would be responsible for the operation and maintenance of Point
Beach. FPLE Point Beach will also take title to the general license for
the independent spent fuel storage installation. In addition, WEPCO and
FPLE Point Beach have signed an Interim Operating Agreement that would
permit WEPCO, at its option, and upon receipt of applicable regulatory
approvals, to transfer operating authority to FPLE Point Beach prior to
the closing for the ownership transfer. In a separate letter from FPLE
Point Beach dated January 26, 2007, FPLE Point Beach provided the
proprietary versions of several enclosures to the application from NMC
and WEPCO that include proprietary financial information to support the
application.
No physical changes to the Point Beach facility or operational
changes are being proposed in the application.
The proposed amendments would replace references to WEPCO and NMC
in the licenses with references to FPLE Point Beach, to reflect the
proposed transfer.
Pursuant to 10 CFR 50.80 and 72.50, 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 an application for
the direct 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
[[Page 9036]]
license of a utilization facility, which does no more than conform the
licenses 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 Arthur H. Domby, Troutman Sanders LLP, 600 Peachtree
Street, Atlanta, GA 30308, telephone: 404-885-3130, facsimile: 404-962-
6546, e-mail: [email protected]; Jonathan Rogoff, Vice
President, General Counsel and Secretary, Nuclear Management Company,
LLC, 700 First Street, Hudson, WI 54016, telephone: 715-377-3316,
facsimile: 715-386-1013, e-mail: [email protected]; Mitchell S.
Ross, Associate General Counsel, FPL Energy Point Beach, LLC, 700
Universe Blvd., Juno Beach, Florida 33408, telephone: 561-691-7126,
facsimile: 561-691-7135, 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 January 26, 2007, 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 Agency wide 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 22nd day of February 2007.
For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Plant Licensing Branch III-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-3474 Filed 2-27-07; 8:45 am]
BILLING CODE 7590-01-P