[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Pages 75735-75736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30786]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-146]
GPU Nuclear, Inc. and Saxton Nuclear Experimental Corporation;
Saxton Facility; Notice of Consideration of Approval of Application
Regarding Proposed Merger 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 Amended License No. DPR-4 for the Saxton
Facility, held by Saxton Nuclear Experimental Corporation (SNEC) and
GPU Nuclear, Inc. (GPUN). The indirect transfer would be to FirstEnergy
Corp. (FE), headquartered in Akron, Ohio.
According to a September 26, 2000, application submitted by FE and
GPUN, as supplemented by letters dated September 27, November 9, and
November 14, 2000, GPU, Inc., the corporate parent of SNEC and GPUN, is
planning to be merged with and into FE. FE will remain as the surviving
corporation in this transaction. Upon consummating the merger, FE will
become a registered holding company under the Public Utility Holding
Company Act of 1935, and SNEC and GPUN, currently direct or indirect
subsidiaries of GPU, Inc., will become direct or indirect subsidiaries
of FE.
No physical changes to the Saxton Facility or operational changes
are being proposed in the application. SNEC, the licensed owner of the
facility, will continue to be so following the merger, and GPUN,
currently the licensee authorized to decommission the facility, will
continue to maintain that status after the merger. No direct transfer
of the license will result from the planned merger.
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 that will effectuate the indirect transfer will not affect
the qualifications of the holders 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 December 26, 2000, 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 2. In particular, such requests and petitions must comply with
the requirements set forth in 10 CFR 2.1306,
[[Page 75736]]
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 counsel for FE, Roy P. Lessey, Esq., Akin, Gump,
Strauss, Hauer, & Feld, L.L.P., 1333 New Hampshire Ave., NW., Suite
400, Washington, DC 20036, (202) 887-4500, (202) 887-4288 (fax), e-
mail: [email protected]; and Mary O'Reilly, Esq., FirstEnergy Corp.,
76 South Main Street, Akron, OH 44308, (330) 384-5224, (330) 384-3875
(fax), e-mail: [email protected]; counsel for GPUN, David
R. Lewis, Esq., Shaw Pittman, 2300 N Street, NW., Washington, DC 20037-
1128, (202) 663-8474, (202) 663-8007 (fax), e-mail:
[email protected]; and Michael J. Connolly, Esq., Vice
President--Law, GPU Service, Inc., 300 Madison Avenue, Morristown, NJ
07962, (973) 455-8245, (973) 993-4801 (fax), e-mail: [email protected];
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 January 3, 2001, 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 license
transfer application dated September 26, 2000, and supplements dated
September 27, November 9, and November 14, 2000, available for public
inspection at the Commission's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland, and accessible electronically through the ADAMS Public
Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).
Dated at Rockville, Maryland this 22nd day of November 2000.
For the Nuclear Regulatory Commission.
John L. Minns,
Project Manager, Decommissioning Section, Project Directorate IV &
Decommissioning, Division of Licensing Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 00-30786 Filed 12-1-00; 8:45 am]
BILLING CODE 7590-01-P