[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Notices]
[Pages 55310-55311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26490]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440]
FirstEnergy Nuclear Operating Company, et al.; Order Approving
Transfer of License And Conforming Amendment
I
The Cleveland Electric Illuminating Company (CEICO), Duquesne Light
Company (DLC), Ohio Edison Company, OES Nuclear, Inc., Pennsylvania
Power Company (Penn Power), Toledo Edison Company, and FirstEnergy
Nuclear Operating Company (FENOC) are the licensees of the Perry
Nuclear Power Plant, Unit 1 (PNPP). FENOC, the only non-owner licensee,
acts as agent for the owners and has exclusive responsibility for, and
control over, the physical construction, operation, and maintenance of
PNPP as reflected in Operating License No. NPF-58. With the exception
of DLC, FENOC and each of the remaining licensees are wholly owned
subsidiaries of FirstEnergy Corporation (FE). The U.S. Nuclear
Regulatory Commission (NRC) issued Operating License No. NPF-58 on
March 18, 1986, pursuant to Part 50 of Title 10 of the Code of Federal
Regulations (10 CFR Part 50). The facility is located on the shore of
Lake Erie in Lake County, Ohio, approximately 35 miles northeast of
Cleveland, Ohio.
II
By application dated May 5, 1999, CEICO, DLC, and FENOC requested
approval of the proposed transfer of DLC's 13.74 percent undivided
ownership interest in PNPP to CEICO, which presently owns a 31.11
percent interest. In addition, the application requested approval of a
conforming amendment to reflect the transfer. No
[[Page 55311]]
physical changes will be made to PNPP as a result of this transfer, and
there will be no significant change in the operations of PNPP. FENOC
would remain as the agent for the joint owners of the facility and
would continue to have exclusive responsibility for the management,
operation, and maintenance of PNPP. The conforming amendment would
remove DLC from the facility operating license.
Approval of the transfer and conforming license amendment was
requested pursuant to 10 CFR 50.80 and 50.90. Notice of the application
for approval and an opportunity for a hearing was published in the
Federal Register on June 14, 1999 (64 FR 31879).
Under 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 contained in the application of May 5, 1999,
and other information before the Commission, the NRC staff has
determined that CEICO is qualified to hold the license to the extent
proposed in the application and that the transfer of the license, to
the extent it is held by DLC, to CEICO is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission, subject to the conditions set forth herein. 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
amendment will be in accordance with 10 CFR Part 51 of the Commission's
regulations, and all applicable requirements have been satisfied. The
foregoing findings are supported by a safety evaluation dated September
30, 1999.
III
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended; 42 USC 2201(b), 2201(i), and 2234; and
10 CFR 50.80, It is hereby ordered that the license transfer referenced
above is approved, subject to the following conditions:
(1) All decommissioning funding arrangements pertaining to the
transfer of DLC's ownership interest to CEICO, as set forth in the
application and the safety evaluation supporting this Order, shall be
implemented and fulfilled.
(2) After the receipt of all required regulatory approvals of this
transfer of DLC's interest in Perry to CEICO, CEICO shall inform the
Director, Office of Nuclear Reactor Regulation, in writing, of such
receipt within five business days, and of the date of the closing of
the transfer no later than seven business days prior to the date of the
closing. Should the transfer not be completed by September 30, 2000,
this Order shall become null and void, provided, however, on
application and for good cause shown, such date may be extended.
It is further ordered that, consistent with 10 CFR 2.1315(b), a
license amendment that makes changes, as indicated in the attachment to
this Order, to conform the license to reflect the subject license
transfer is approved. Such amendment shall be issued and made effective
at the time the proposed license transfer is completed.
This Order is effective upon issuance.
For further details with respect to this Order, see the application
dated May 5, 1999, and the safety evaluation dated September 30, 1999,
which are 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 Perry Public
Library, 3753 Main Street, Perry, OH 44081.
Dated at Rockville, Maryland, this 30th day of September 1999.
For The Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-26490 Filed 10-8-99; 8:45 am]
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