[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Notices]
[Pages 52798-52799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25473]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-220 and 50-410]


Niagara Mohawk Power Corporation; New York State Electric & Gas 
Corporation; Nine Mile Point Nuclear Station, Units 1 and 2; Notice of 
Consideration of Approval of Transfer of Facility Operating Licenses 
and Conforming Amendments, and Opportunity for a Hearing

    The US Nuclear Regulatory Commission (the Commission) is 
considering the issuance of orders under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. DRP-63 for Nine Mile Point 
Nuclear Station, Unit 1 (NMP1), and Facility Operating License No. NPF-
69 for Nine Mile Point Nuclear Station, Unit 2 (NMP2). Niagara Mohawk 
Power Corporation (NMPC) is currently the sole owner and operator of 
NMP1. The transfer of the license for NMP1 would be to AmerGen Energy 
Company, LLC (AmerGen). NMPC currently holds a 41% undivided ownership 
interest in NMP2, is its exclusive licensed operator, and acts as agent 
for its other co-owners. The other current co-owners, who may possess 
but not operate NMP2, are New York Electric & Gas Corporation (NYSEG) 
with an 18% interest, Long Island Lighting Company with an 18% 
interest, Rochester Gas and Electric Corporation with a 14% interest, 
and the Central Hudson Gas & Electric Company with a 9% interest. Under 
the proposed transfer for NMP2, NMPC's and NYSEG's interests, and 
NMPC's operating authority under the license for NMP2, would be 
transferred to AmerGen. Accordingly, following the proposed transfers, 
AmerGen would become the licensed operator of both NMP units, the sole 
owner of NMP1, and a 59% co-owner of NMP2. The Commission is also 
considering amending the licenses for administrative purposes to 
reflect the proposed transfers. The NMP facility is located in Oswego 
County, New York.
    Under the proposed transfers, AmerGen would be authorized to 
possess, use, and operate NMP1 and NMP2 under essentially the same 
conditions and authorizations included in the existing licenses. In 
addition, no physical changes would be made to either NMP1 or NMP2 as a 
result of the proposed transfer, and there would be no significant 
changes in the day-to-day operations of either unit. The proposed 
amendments to each unit's license would delete all references to 
``Niagara Mohawk Power Corporation'' and ``New York State Electric & 
Gas Corporation'' (including variations of these names) and substitute 
``AmerGen Energy Company, LLC'' (or its new position of ``licensee'' or 
``applicant''). The proposed amendments would also add to the licenses 
certain additional conditions arising from the license transfers; these 
conditions would (1) Preserve AmerGen's decision-making authority over 
safety issues, (2) Limit the foreign membership of AmerGen's Management 
Committee, (3) Assign to AmerGen's Chief Executive Officer and Chief 
Nuclear Officer the responsibility and authority for ensuring that 
AmerGen's business and activities with respect to the NMP units are 
conducted consistent with the protection of the public health and 
safety and common defense and security of the United States, and (4) 
Require AmerGen to report to the Commission the filing of any Schedules 
13D or 13G with the U.S. Securities and Exchange Commission that 
disclose beneficial ownership of a registered class of Philadelphia 
Electric Energy Company (PECO Energy) stock.
    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 amendments, 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 
amendments 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 application for 
transfers of licenses, are discussed below.
    By October 20, 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 
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 M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR part

[[Page 52799]]

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 (1) Mark J. Wetterhahn, counsel for NMPC, at Winston & 
Strawn, 1400 L Street, NW, Washington, DC 20005 (tel: 202-371-5703; 
fax: 202-371-5950; e-mail: [email protected]); (2) Samuel Behrends 
IV, counsel for NYSEG, at LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875 
Connecticut Avenue, NW, Suite 1200, Washington, DC 20009-5728 (tel: 
202-986-8018; fax: 202-986-8102; e-mail: [email protected]); (3) 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: K[email protected]); (4) the General Counsel, US Nuclear 
Regulatory Commission, Washington, DC 20555 (e-mail address for license 
transfer cases only: [email protected]); and (5) the Secretary of the 
Commission, US Nuclear Regulatory Commission, Washington, DC 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 November 1, 1999, persons may submit written comments 
regarding the application for transfer of licenses, 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, US Nuclear Regulatory Commission, Washington, DC 
20555-001, 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 September 10, 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 Reference and Documents Department, Penfield Library, 
State University of New York, Oswego, New York 13126.

    Dated at Rockville, Maryland, this 24th day of September 1999.

    For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Director, Project Directorate I, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-25473 Filed 9-29-99; 8:45 am]
BILLING CODE 7590-01-P