[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Notices]
[Page 45290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21532]
[[Page 45290]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-461]
Illinois Power Company; Notice of Consideration of Approval of
Transfer of Facility Operating License and Issuance of Conforming
Amendment and Opportunity for Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an order under 10 CFR 50.80 approving the
transfer of Facility Operating License No. NPF-62 for the Clinton Power
Station (CPS) currently held by Illinois Power Company (IP, or the
licensee). The transfer would be to AmerGen Energy Company, LLC
(AmerGen). The Commission is also considering amending the license for
administrative purposes to reflect the proposed transfer.
Under the proposed transfer, AmerGen would be authorized to
possess, use, and operate CPS under essentially the same conditions and
authorizations included in the existing license. In addition, no
physical changes will be made to CPS as a result of the proposed
transfer, and there will be no significant changes in the day-to-day
operations of CPS. Antitrust conditions of the CPS license are proposed
to be deleted because, among other things, they apply to IP which will
no longer be the licensee.
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. 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
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration. 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.
By September 8, 1999, any person whose interest may be affected by
the Commission's action on the application may request a hearing, and,
if not the applicants, may petition for leave to intervene in a hearing
procedure 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 M, ``Public
Notification, Availability of Documents and Records, Hearing Requests
and Procedures for Hearings on License Transfer Applications,'' of 10
CFR Part 2. In particular, such requests must comply with the
requirements set forth in 10 CFR 2.1306, and should address the
considerations contained in 10 CFR 2.1308(a). Untimely requests and
petitions may be denied, as provided in 10 CFR 2.1308(b), 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 2.1308(b)(1)-(2).
Requests for a hearing and petitions for leave to intervene should
be served upon John Lamberski, counsel for IP, at Troutman Sanders LLP,
600 Peachtree Street, N.E., suite 5200, NationsBank Plaza, Atlanta,
Georgia 30308-2216 (tel: 404-885-3360; fax: 404-962-6610; e-mail:
[email protected]) and Kevin P. Gallen, counsel for
AmerGen, at Morgan, Lewis & Bockius LLP, 1800 M Street, NW, Washington,
DC 20036-5869 (tel: 202-467-7462; fax: 202-467-7176; 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, D.C., 20555-0001, Attention: Rulemakings and Adjudications
Staff, in accordance with 10 CFR 2.1313.
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, by September 20, 1999, 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 partof
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 July 23, 1999, available for public inspection at the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, and at the local public document room located at
the Vespasian Warner Public Library, 310 N. Quincy Street, Clinton, IL
61727.
Dated at Rockville, Maryland, this 12th day of August 1999.
For the Nuclear Regulatory Commission.
Jon B. Hopkins,
Senior Project Manager, Section 2, Project Directorate III, Division of
Licensing Projects Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-21532 Filed 8-18-99; 8:45 am]
BILLING CODE 7590-01-P