[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Notices]
[Pages 53037-53038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22336]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]
AmerGen Vermont, LLC; Vermont Yankee Nuclear Power Station;
Notice of Consideration of Approval of Proposed Direct and Indirect
License Transfers and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order or orders under 10 CFR 50.80
approving certain proposed direct and indirect transfers of Facility
Operating License No. DPR-28 for Vermont Yankee Nuclear Power Station
(Vermont Yankee) currently held by Vermont Yankee Nuclear Power
Corporation, as the owner and licensed operator. The facility is
located in Vernon, Vermont.
A direct transfer of this license from Vermont Yankee Nuclear Power
Corporation to AmerGen Vermont, LLC (AmerGen Vermont) was approved by
the Nuclear Regulatory Commission by an order dated July 7, 2000. The
approved direct transfer has not yet occurred. At this time, AmerGen
Vermont is a wholly-owned subsidiary of AmerGen Energy Company, LLC
(AmerGen), which in turn is 50 percent owned by PECO Energy Company
(PECO) and British Energy, Inc. PECO and Unicom Corporation intend to
merge and create a new holding company, Exelon Corporation, which will
become the direct or indirect parent of PECO, Exelon Generation
Company, LLC (EGC), and other subsidiaries. PECO intends to transfer to
EGC all of its generating assets, including its 50 percent interest in
AmerGen, which currently owns and holds the operating licenses for the
Three Mile Island, Unit 1, Clinton, and Oyster Creek nuclear
facilities. Depending upon the time of the above events, AmerGen
Vermont plans to ultimately acquire the license for Vermont Yankee, or,
following such acquisition, hold such license, under the following
possible scenarios, which may be in addition to those already approved
or subject to a pending application dated February 28, 2000, as
supplemented, referenced below: (1) AmerGen Vermont acquires the
license
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when AmerGen Vermont is wholly owned by AmerGen, which is in turn 50
percent owned by EGC, which in turn is indirectly owned by Exelon
Corporation (through Exelon Ventures Company); (2) AmerGen Vermont
acquires the license when AmerGen Vermont is a wholly owned subsidiary
of AmerGen, which in turn is 50 percent owned by PECO, and PECO is a
subsidiary of Exelon Corporation; (3) AmerGen Vermont holds the
license, but indirectly transfers the license by reason of PECO
becoming a subsidiary of Exelon Corporation; and (4) AmerGen Vermont
holds the license, but indirectly transfers the license by reason of
PECO, either as a subsidiary of Exelon Corporation or as PECO exists
today, transferring its interest in AmerGen to EGC. Under any of the
above scenarios, British Energy, Inc.'s interest in AmerGen will remain
unchanged.
AmerGen Vermont filed an application dated August 14, 2000,
describing the above possible scenarios and seeking Commission approval
under 10 CFR 50.80 that would authorize the direct or indirect
transfers involved to occur. AmerGen Vermont has previously filed an
application dated February 28, 2000, and supplements thereto, seeking
approval of a proposed indirect transfer of the license, presuming it
has been transferred to AmerGen Vermont, that would occur by virtue of
PECO's interest in AmerGen being transferred to EGC. To the extent the
February 28, 2000, proposal is not subsumed by the August 14, 2000,
application, the proposal in the former application will be considered
in conjunction with those presented in the latter.
No physical changes to the facility of operational changes, and no
new changes to the license or technical specifications are being
proposed in the August 14, 2000, application. According to the
application, for the scenarios where EGC acquires PECO's 50 percent
interest in AmerGen, no changes from the information provided by the
February 28, 2000, application, as supplemented, with respect to
technical or financial qualifications of AmerGen Vermont are being
presented in the August 14, 2000, application. The decommissioning
funding arrangements will be as presented in the application that was
approved by the July 7, 2000, Order.
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 a direct
transfer of a license if the Commission determined that the proposed
transferee is qualified to be the license holder, or for an 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 in either case if, in
addition, the Commission determines 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 August 14, 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.
Richard P. Croteau,
Project Manager, Section 2, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-22336 Filed 8-30-00; 8:45 am]
BILLING CODE 7590-01-P