[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Notices]
[Pages 129-130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31206]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-219 and 72-15; License No. DPR-16]
In the Matter of: Amergen Energy Company, LLC Exelon Generation
Company, LLC (Oyster Creek Nuclear Generating Station); Order Approving
Transfer of License and Conforming Amendment
I
AmerGen Energy Company, LLC (AmerGen or licensee) is the holder of
Facility Operating License No. DPR-16, which authorizes the possession,
use, and operation of the Oyster Creek Nuclear Generating Station
(Oyster Creek, or the facility). AmerGen is also authorized to store
spent fuel at the Oyster Creek Independent Spent Fuel Storage
Installation pursuant to the general license provision in section
72.210 of Title 10 of the Code of Federal Regulations (10 CFR). AmerGen
is a wholly owned subsidiary of Exelon Generation Company, LLC (EGC).
The facility is located at the licensee's site in Ocean County, New
Jersey.
II
By letter dated June 20, 2008, as supplemented on July 17, 2008
(together, the application), AmerGen and EGC submitted an application
requesting approval of the transfer of the operating license for Oyster
Creek to the extent held by AmerGen, to EGC. There will be no physical
changes to the facility, nor changes in officers, personnel, or day-to-
day operations as a result of the transfer. There will be no changes in
the ownership of EGC, which is a wholly owned subsidiary of Exelon
Ventures Company, LLC, which, in turn is a wholly owned subsidiary of
Exelon Corporation. The transfer to EGC will eliminate AmerGen as owner
and operator of TMI-1. After the transfer, EGC will be the sole
licensed owner and operator of Oyster Creek.
The applicants also requested approval of a conforming license
amendment that would replace references to AmerGen in the license with
references to EGC to reflect the transfer of ownership and operating
authority, specifically, to possess, use and operate Oyster Creek and
to receive, possess, or use related licensed materials under the
applicable conditions and authorizations included in the Oyster Creek
license.
Approval of the transfer of the license and the conforming license
amendment is requested by the applicants pursuant to sections 50.80 and
50.90 of 10 CFR. Notice of the request for approval and opportunity for
a hearing was published in the Federal Register on August 26, 2008 (73
FR 50371). No hearing requests or petitions to intervene were received.
The Nuclear Regulatory Commission (NRC, the Commission) received
comments from a member of the public in Florham Park, New Jersey, in an
e-mail dated August 27, 2008. The comments did not provide any
information additional to that in the application, nor did they provide
any information contradictory to that provided 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. Upon review of the information in the application and other
information before the Commission, and relying upon the representations
and agreements contained in the application, the NRC staff has
determined that EGC is qualified to acquire and hold the ownership
interest and operating authority previously held by AmerGen, and that
the transfer of the license to EGC described in the application is
otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission, subject to the conditions set
forth below. The NRC staff has further found that the application for
the proposed license amendment complies with the standards and
requirements of the Atomic Energy Act of 1954, as amended (the Act),
and the Commission's rules and regulations set forth in 10 CFR Chapter
I; the facility will operate in conformity with the application, the
provisions of the Act, and the rules and regulations of the Commission;
there is reasonable assurance that the activities authorized by the
proposed license amendment can be conducted without endangering the
health and safety of the public and that such activities will be
conducted in compliance with the Commission's regulations; the issuance
of the proposed license amendment will not be inimical to the common
defense and security or to the health and safety of the public; and the
issuance of the proposed amendments will be in accordance with 10 CFR
Part 51 of the Commission's regulations and all applicable requirements
have been satisfied.
The findings set forth above are supported by the NRC staff's
safety evaluation dated the same day as this Order.
III
Accordingly, pursuant to sections 161b, 161i, and 184 of the Act,
42 U.S.C. sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80 and 10
CFR 72.50, it is hereby ordered that the transfer of the license from
AmerGen to EGC, as described herein, is approved, subject to the
following conditions:
(1) Before completion of the transfer of Oyster Creek, EGC shall
provide the Director of the Office of Nuclear Reactor Regulation
satisfactory documentary evidence that EGC has obtained the appropriate
amount of insurance required of licensees under 10 CFR part 140 of the
Commission's regulations.
(2) At the time of the closing of the transfer of Oyster Creek and
the respective license from AmerGen Energy Company, LLC (AmerGen) to
Exelon Generation Company, AmerGen shall transfer to Exelon Generation
[[Page 130]]
Company ownership and control of AmerGen Oyster Creek NQF, LLC; and
AmerGen Consolidation, LLC shall be merged into Exelon Generation
Consolidation, LLC. Also at the time of the closing, decommissioning
funding assurance provided by Exelon Generation Company, using an
additional method allowed under 10 CFR 50.75 if necessary, must be
equal to or greater than the minimum amount calculated on that date
pursuant to, and required by 10 CFR 50.75 for Oyster Creek.
Furthermore, funds dedicated for Oyster Creek prior to closing shall
remain dedicated to Oyster Creek following the closing. The name of
AmerGen Oyster Creek NQF, LLC shall be changed to Exelon Generation
Oyster Creek NQF, LLC at the time of the closing.
It is further ordered that, consistent with 10 CFR 2.1315(b), the
license amendment that makes changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the license to
reflect the subject direct license transfer is approved. The amendment
shall be issued and made effective at the time the proposed direct
license transfer is completed.
It is further ordered that AmerGen and EGC shall inform the
Director of the Office of Nuclear Reactor Regulation, in writing, of
the date of closing of the transfer of AmerGen's ownership and
operating interests in Oyster Creek at least 1 business day before the
closing. Should the transfer of the license not be completed within 1
year of this Order's date of issuance, this Order shall become null and
void, provided, however, that upon written application and for good
cause shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated June 20, 2008, and the safety evaluation with the
same date as this Order, which are available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North, 11555 Rockville Pike, Room O-1 F21 (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 or 301-415-
4737, or by e-mail at [email protected].
Dated at Rockville, Maryland, this 23rd day of December 2008.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E8-31206 Filed 12-31-08; 8:45 am]
BILLING CODE 7590-01-P