[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Pages 129-130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31206]



[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


    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 


    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 
    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.


    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]