[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Notices]
[Pages 53034-53035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22332]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219]
Amergen Energy Company, LLC, Oyster Creek Nuclear Generating
Station; Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
indirect transfer of Facility Operating License No. DPR-16 for the
Oyster Creek Nuclear Generating Station currently held by AmerGen
Energy Company, LLC (AmerGen or the licensee), as the owner and
licensed operator. The indirect transfer would be to a new holding
company, Exelon Corporation, for PECO Energy Company (PECO), a co-owner
of AmerGen. The facility is located in Ocean County, New Jersey.
AmerGen is a limited liability company formed to acquire and
operate nuclear power plants in the United States. British Energy, Inc.
and PECO each own 50 percent of AmerGen. In an application dated July
19, 2000, filed by AmerGen, AmerGen referenced an earlier license
transfer application dated February 28, 2000, and supplements thereto,
that requested approval of the indirect transfer of the Oyster Creek
license (and certain other licenses held by AmerGen) that would occur
as a result of a proposed transfer of PECO's 50 percent interest in
AmerGen to Exelon Generation Company, LLC (EGC). EGC is to be formed in
connection with a pending merger between Unicom Corporation and PECO,
under which merger Commonwealth Edison Company, PECO, and EGC are to
become direct or indirect subsidiaries of Exelon Corporation. The
February 28, 2000, application was noticed separately and is still
under consideration.
AmerGen indicated in the July 19, 2000, application that the
transfer of PECO's interest in AmerGen to EGC may be delayed for an
interim period following completion of the merger, pending the receipt
of other regulatory approvals. During this interim period, PECO, which
will have become a
[[Page 53035]]
subsidiary of Exelon Corporation upon the closing of the merger, would
continue to hold its interest in AmerGen and, thus, its indirect
interest in the Oyster Creek license, until its interest in AmerGen is
transferred to EGC. The July 19, 2000, application requests approval of
the indirect transfer of the Oyster Creek license that would occur upon
Exelon Corporation becoming the new parent of PECO while PECO continues
to hold its interest in AmerGen for the above interim period.
According to the July 19, 2000 application, PECO shareholders will
become shareholders of Exelon Corporation when PECO becomes a
subsidiary of Exelon Corporation. AmerGen's technical and financial
qualifications, and its decommissioning funding arrangements will be
unchanged by the establishment of the new holding company for PECO
while PECO continues to hold its interest in AmerGen. The application
does not propose any changes to the license or technical
specifications, or physical changes to the facility or operational
changes.
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 indirect
transfer of a license if the Commission determines that the underlying
transaction effecting the indirect transfer will not affect the
qualifications of the holder of the license, and that the transfer is
otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission pursuant thereto.
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 20, 2000, any person whose interest may be affected by
the Commission's action on the application may request a hearing and,
if not, the applicant 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 2. In particular, such requests and petitions 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: Kevin P. Gallen, Esq., Morgan, Lewis & Bockius LLP,
1800 M Street, NW, Washington, DC 20036-5869; the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555 (e-mail address for
filings regarding license transfer cases only: [email protected]); and the
Secretary of the Commission, U.S. 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 October 2, 2000, 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 part of
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 19, 2000, available for public inspection at the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, and available electronically through the ADAMS
Public Electronic Reading Room link at the NRC Web site (http://www.NRC.gov).
Dated at Rockville, Maryland this 23rd day of August 2000.
For the Nuclear Regulatory Commission.
Helen N. Pastis,
Senior Project Manager, Section 1, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-22332 Filed 8-30-00; 8:45 am]
BILLING CODE 7590-01-P