FirstEnergy Nuclear Operating Company, Perry Nuclear Power Plant, Unit No. 1; Notice of Consideration of Approval of Transfer of Facility Operating License And Conforming Amendment, and Opportunity for a Hearing, 44394-44395 [E5-4100]
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Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices
Operating Company (FENOC), on behalf
of OES Nuclear, Cleveland Electric,
Toledo Edison and FENGenCo,
FENGenCo would assume OES
Nuclear’s 17.42 percent undivided
ownership interest in Perry, Cleveland
Electric’s 44.85 percent undivided
ownership interest in Perry and Toledo
Edison’s 19.91 percent undivided
ownership interest in Perry following
approval of the proposed license
transfers. FENOC, currently the licensed
operator of Perry, would remain so and
continue to be responsible for the
operation and maintenance of Perry.
Ohio Edison’s 12.58 percent leased
interest in Perry would not be changed.
No physical changes to the Perry facility
or operational changes are being
proposed in the application.
The proposed conforming amendment
generally would replace references to
OES Nuclear, Cleveland Electric and
Toledo Electric in the license with
references to FENGenCo, as appropriate,
to reflect the proposed transfer of the
license. With regard to the antitrust
conditions in the license, the
application proposes changes such that
FENGenCo would be subject to the
antitrust conditions, and would be
responsible for any actions of FENOC
that contravene the antitrust conditions.
Once removed from the license, OES
Nuclear, Cleveland Electric and Toledo
Electric as non-licensees would no
longer be subject to the antitrust
conditions contained in the Perry
license.
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 direct 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 amendment, 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
VerDate jul<14>2003
17:21 Aug 01, 2005
Jkt 205001
contrary determination has been made
with respect to this specific license
amendment 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
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, 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 C, ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR Part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), 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
2.309(c)(1)(i)–(viii).
Requests for a hearing and petitions
for leave to intervene should be served
upon David W. Jankins, Esq.,
FirstEnergy Corp., 76 South Main Street,
Mail Stop A–Go–18, Akron, OH 44308,
tel: (330) 384–5037, and e-mail:
djenkins@firstenergycorp.com; the
General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001 (e-mail address for
filings regarding license transfer cases
only: OGCLT@NRC.gov); 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 2.302 and
2.305.
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
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
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,
within 30 days from the date of
publication of this notice, 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 June 1,
2005, and the supplemental letter dated
July 15, 2005, available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, 301–415–4737 or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 27th day
of July 2005.
For the Nuclear Regulatory Commission.
William A. Macon, Jr.,
Project Manager, Section 2, Project
Directorate III, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–4099 Filed 8–1–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–440]
FirstEnergy Nuclear Operating
Company, Perry Nuclear Power Plant,
Unit No. 1; Notice of Consideration of
Approval of Transfer of Facility
Operating License And Conforming
Amendment, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
E:\FR\FM\02AUN1.SGM
02AUN1
Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices
considering the issuance of orders under
10 CFR 50.80 approving the transfer of
Facility Operating License No. NPF–58
for the Perry Nuclear Power Plant, Unit
No. 1 (Perry), to the extent held by
Pennsylvania Power Company (Penn
Power). The transfer would be to
FirstEnergy Nuclear Generation
Corporation (FENGenCo). The
Commission is further considering
amending the licenses for
administrative purposes to reflect the
proposed transfer.
According to an application for
approval date May 18, 2005, as
supplemented by letter dated July 15,
2005, filed by FirstEnergy Nuclear
Operating Company (FENOC), on behalf
of Penn Power and FENGenCo,
FENGenCo would assume Penn Power’s
5.24 percent undivided ownership
interest in Perry following approval of
the proposed license transfer. FENOC,
currently the licensed operator of Perry,
would remain so and continue to be
responsible for the operation and
maintenance of Perry. No physical
changes to the Perry facility or
operational changes are being proposed
in the application.
The proposed conforming amendment
generally would replace references to
Penn Power in the license with
references to FENGenCo, as appropriate,
to reflect the proposed transfer of the
license. With regard to the antitrust
conditions in the license, the
application proposes changes such that
FENGenCo would be subject to the
antitrust conditions, while Penn Power
would be removed from and thus no
longer be subject to the antitrust
conditions contained in the Perry
license.
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 direct 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 amendment, 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
VerDate jul<14>2003
17:21 Aug 01, 2005
Jkt 205001
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
amendment 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
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, 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 C, ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), 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
2.309(c)(1)(i)–(viii).
Requests for a hearing and petitions
for leave to intervene should be served
upon David W. Jankins, Esq.,
FirstEnergy Corp., 76 South Main Street,
Mail Stop A–Go–18, Akron, OH 44308,
tel: (330) 384–5037, and e-mail:
djenkins@firstenergycorp.com; the
General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001 (e-mail address for
filings regarding license transfer cases
only: OGCLT@NRC.gov); 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 2.302 and
2.305.
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
44395
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,
within 30 days from the date of
publication of this notice, 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 May
18, 2005, and the supplemental letter
dated July 15, 2005, available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, 301–415–4737 or
by e-mail topdr@nrc.gov.
Dated in Rockville, Maryland this 27th day
of July 2005.
For the Nuclear Regulatory Commission.
William A. Macon, Jr.,
Project Manager, Section 2, Project
Directorate III, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–4100 Filed 8–1–05; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\02AUN1.SGM
02AUN1
]]>Agencies
[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44394-44395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4100]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440]
FirstEnergy Nuclear Operating Company, Perry Nuclear Power Plant,
Unit No. 1; Notice of Consideration of Approval of Transfer of Facility
Operating License And Conforming Amendment, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
[[Page 44395]]
considering the issuance of orders under 10 CFR 50.80 approving the
transfer of Facility Operating License No. NPF-58 for the Perry Nuclear
Power Plant, Unit No. 1 (Perry), to the extent held by Pennsylvania
Power Company (Penn Power). The transfer would be to FirstEnergy
Nuclear Generation Corporation (FENGenCo). The Commission is further
considering amending the licenses for administrative purposes to
reflect the proposed transfer.
According to an application for approval date May 18, 2005, as
supplemented by letter dated July 15, 2005, filed by FirstEnergy
Nuclear Operating Company (FENOC), on behalf of Penn Power and
FENGenCo, FENGenCo would assume Penn Power's 5.24 percent undivided
ownership interest in Perry following approval of the proposed license
transfer. FENOC, currently the licensed operator of Perry, would remain
so and continue to be responsible for the operation and maintenance of
Perry. No physical changes to the Perry facility or operational changes
are being proposed in the application.
The proposed conforming amendment generally would replace
references to Penn Power in the license with references to FENGenCo, as
appropriate, to reflect the proposed transfer of the license. With
regard to the antitrust conditions in the license, the application
proposes changes such that FENGenCo would be subject to the antitrust
conditions, while Penn Power would be removed from and thus no longer
be subject to the antitrust conditions contained in the Perry license.
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 direct
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 amendment, 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
amendment 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 license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, 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 C, ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of Documents,
Selection of Specific Hearing Procedures, Presiding Officer Powers, and
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR
part 2. In particular, such requests and petitions must comply with the
requirements set forth in 10 CFR 2.309. Untimely requests and petitions
may be denied, as provided in 10 CFR 2.309(c)(1), 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 2.309(c)(1)(i)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon David W. Jankins, Esq., FirstEnergy Corp., 76 South Main
Street, Mail Stop A-Go-18, Akron, OH 44308, tel: (330) 384-5037, and e-
mail: djenkins@firstenergycorp.com; the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001 (e-mail address for
filings regarding license transfer cases only: OGCLT@NRC.gov); 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 2.302 and 2.305.
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, within 30 days from the date of publication of this notice,
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 May 18, 2005, and the supplemental letter dated July
15, 2005, available for public inspection at the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible electronically from the
Agencywide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html. Persons who do not have access to
ADAMS or who encounter problems in accessing the documents located in
ADAMS, should contact the NRC PDR Reference staff by telephone at 1-
800-397-4209, 301-415-4737 or by e-mail topdr@nrc.gov.
Dated in Rockville, Maryland this 27th day of July 2005.
For the Nuclear Regulatory Commission.
William A. Macon, Jr.,
Project Manager, Section 2, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4100 Filed 8-1-05; 8:45 am]
BILLING CODE 7590-01-P
