Pennsylvania Power Company, Ohio Edison Company, OES Nuclear, Inc., The Cleveland Electric, Illuminating Company, The Toledo Edison Company, Firstenergy Nuclear Operating Company, (Beaver Valley Power Station, Units 1 and 2), (Davis-Besse Nuclear Power Station, Unit 1), (Perry Nuclear Power Plant, Unit 1); Order Superceding Order of November 15, 2005 Approving Transfer of Licenses and Conforming Amendments, 76080-76082 [E5-7723]
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76080
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Intellisync Corporation,
San Jose, CA has withdrawn as a party
to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and Mobile
Enterprise Alliance, Inc. intends to file
additional written notification
disclosing all changes in membership.
On June 24, 2004, Mobile Enterprise
Alliance, Inc. filed its original
notification pursuant to section 6(a) of
the Act. The Department of Justice
published a notice in the Federal
Register pursuant to section 6(b) of the
Act on July 23, 2004 (69 FR 44062).
The last notification was filed with
the Department on September 9, 2005.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on October 6, 2005 (70 FR 58472).
CA. In addition, SwRI wishes to
disclose that the Department of Energy
is providing financial assistance to the
research project through its award of
Contract No. SP0600–05–D–5502;
Delivery Order No. 0003.
The general area of SwRI’s planned
activity will be to evaluate the filtration
performance of fuel filters composed of
water repellent cellulose media, water
repellant synthetic media, and water
coalescer. The biodiesel diesel fuels
used for this study will be produced
from methyl soyate, yellow grease, and
repeseed. Each test filter will be
evaluated using the SAE J1488
emulsified test method at 0, 5, 12.5, and
20% biodiesel fuel concentrations in
ultra low sulfur diesel fuel. A Design of
Experiment will be generated to ensure
randomized testing.
Membership in this group research
project remains open, and the
participants intend to file additional
written notification disclosing all
changes in membership or planned
activities.
Dorothy B. Fountain,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 05–24331 Filed 12–22–05; 8:45 am]
Dorothy B. Fountain,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 05–24330 Filed 12–21–05; 8:45 am]
BILLING CODE 4410–11–M
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
NUCLEAR REGULATORY
COMMISSION
Antitrust Division
cchase on PROD1PC60 with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—SWRI Biodiesel Fuel/
Water Separation Cooperative R&D
Program
Notice is hereby given that, on
December 6, 2005, pursuant to section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), SwRI
Biodesel Fuel/Water Separation
Cooperative R&D Program (‘‘SwRI’’) has
filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing (1) the identities
of the parties to the venture and (2) the
nature and objectives of the venture.
The notifications were filed for the
purpose of invoking the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances.
Pursuant to section 6(b) of the Act, the
identities of the parties to the venture
are: Champion Laboratories, Albion, IL;
Donaldson Company, Inc., Minneapolis,
MN; Fleetguard, Inc., Cookeville, TN;
Lydall Filtration/Separation Inc.,
Rochester, NH; and RACOR, Modesto,
VerDate Aug<31>2005
16:55 Dec 21, 2005
Jkt 208001
[Docket Nos. 50–334, 50–412, 50–346 and
50–440; License Nos. DPR–66 and NPF–73,
NPF–3 and NPF–58]
Pennsylvania Power Company, Ohio
Edison Company, OES Nuclear, Inc.,
The Cleveland Electric, Illuminating
Company, The Toledo Edison
Company, Firstenergy Nuclear
Operating Company, (Beaver Valley
Power Station, Units 1 and 2), (DavisBesse Nuclear Power Station, Unit 1),
(Perry Nuclear Power Plant, Unit 1);
Order Superceding Order of November
15, 2005 Approving Transfer of
Licenses and Conforming
Amendments
FirstEnergy Nuclear Operating
Company (FENOC) and Pennsylvania
Power Company (Penn Power), Ohio
Edison Company (Ohio Edison), OES
Nuclear, Inc. (OES Nuclear), the
Cleveland Electric Illuminating
Company (Cleveland Electric), and the
Toledo Edison Company (Toledo
Edison), are holders of Facility
Operating Licenses Nos. DPR–66, NPF–
73, NPF–3 and NPF–58, which
authorize the possession, use, and
operation of Beaver Valley Power
Station, Units 1 (BVPS 1) and 2 (BVPS
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
2; together with BVPS 1, BVPS), DavisBesse Nuclear Power Station, Unit 1
(Davis-Besse), and Perry Nuclear Power
Plant, Unit 1 (Perry), respectively.
FENOC is licensed by the U.S. Nuclear
Regulatory Commission (NRC, the
Commission) to operate BVPS, DavisBesse, and Perry (the facilities). The
facilities are located at the licensees’
sites in Beaver County, Pennsylvania,
Ottawa County, Ohio, and Lake County,
Ohio, respectively.
By letter dated May 18, 2005, FENOC
submitted an application requesting
approval of direct license transfers that
would be necessary in connection with
the following proposed transfers to
FirstEnergy Nuclear Generation
Corporation (FENGenCo), a new nuclear
generation subsidiary of FirstEnergy:
Penn Power’s 65-percent undivided
ownership interest in BVPS 1, 13.74percent undivided ownership interest in
BVPS 2, and 5.24-percent undivided
ownership interest in Perry.
By letter dated June 1, 2005, FENOC
submitted a second application
requesting approval of direct license
transfers that would be necessary in
connection with the following proposed
transfers to FENGenCo: Ohio Edison’s
35-percent undivided ownership
interest in BVPS 1 and 20.22-percent
undivided ownership interest in BVPS
2; OES Nuclear’s 17.42-percent
undivided ownership interest in Perry;
Cleveland Electric’s 24.47-percent
undivided ownership interest in BVPS
2, 44.85-percent undivided ownership
interest in Perry, and 51.38-percent
undivided ownership interest in DavisBesse; and, Toledo Edison’s 1.65percent undivided ownership interest in
BVPS 2, 19.91-percent undivided
ownership interest in Perry, and 48.62percent undivided ownership interest in
Davis-Besse.
Supplemental information was
provided by letters dated July 15 and
October 31, 2005, (hereinafter, the May
18 and June 1, 2005, applications and
supplemental information will be
referred to collectively as the
‘‘applications’’). FENOC also requested
approval of conforming license
amendments that would reflect the
proposed transfer of ownership of Penn
Power’s interests in BVPS and Perry to
FENGenCo; delete the references to
Penn Power in the licenses; authorize
FENGenCo to possess the respective
ownership interests in BVPS and Perry;
reflect the proposed transfer of
ownership interests in BVPS, DavisBesse, and Perry from Ohio Edison, OES
Nuclear, Cleveland Electric, and Toledo
Edison (Ohio Companies) to FENGenCo;
delete the Ohio Companies from the
licenses except those continuing to hold
E:\FR\FM\22DEN1.SGM
22DEN1
cchase on PROD1PC60 with NOTICES
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices
leased interests; and, authorize
FENGenCo to possess the respective
ownership interests in BVPS, DavisBesse, and Perry being transferred by
the Ohio Companies. Ohio Edison’s
21.66-percent leased interest in BVPS 2,
Toledo Edison’s 18.26-percent leased
interest in BVPS 2, and Ohio Edison’s
12.58-percent leased interest in Perry
would not be changed. No physical
changes to the facilities or operational
changes were proposed in the
applications. After completion of the
proposed transfers, the role of FENOC
would be unchanged.
Approval of the transfer of the facility
operating licenses and conforming
license amendments is requested by
FENOC pursuant to §§ 50.80 and 50.90
of Title 10 of the Code of Federal
Regulations (10 CFR). Notices of the
requests for approval and opportunity
for a hearing were published in the
Federal Register on August 2, 2005 (70
FR 44390–44395). No comments were
received. Two petitions for leave to
intervene pursuant to 10 CFR 2.309
were received on August 22, 2005, from
the City of Cleveland, Ohio, and
American Municipal Power-Ohio, Inc. A
joint motion to lodge by the City of
Cleveland, Ohio and Municipal Power
Ohio, Inc., was received on September
12, 2005. The petitions and motion are
under consideration by the Commission.
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. Upon review
of the information in the application
and other information before the
Commission, and relying upon the
representations and agreements
contained in the application, the NRC
staff has determined that FENGenCo is
qualified to hold the ownership
interests in the facilities previously held
by Penn Power and the Ohio
Companies, and that the transfers of
undivided ownership interests in the
facilities to FENGenCo described in the
applications are otherwise consistent
with applicable provisions of law,
regulations, and orders issued by the
Commission, subject to the conditions
set forth below. The NRC staff has
further found that the applications for
the proposed license amendments
comply 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 facilities
will operate in conformity with the
applications, the provisions of the Act
and the rules and regulations of the
Commission; there is reasonable
VerDate Aug<31>2005
16:55 Dec 21, 2005
Jkt 208001
assurance that the activities authorized
by the proposed license amendments
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 amendments 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 amendments will be in
accordance with 10 CFR Part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied.
On November 15, 2005, the
Commission issued, ‘‘Order Approving
Transfer of Licenses and Conforming
Amendments Relating to Beaver Valley
Power Station, Units 1 and 2, DavisBesse Nuclear Power Station, Unit 1,
and Perry Nuclear Power Plant, Unit 1.’’
Subsequently, the NRC staff determined
that corrections were needed to the
cover letter, Order, conforming
amendments and safety evaluations.
This Order contains the correction and
supercedes the Order issued on
November 15, 2005.
The findings set forth above are
supported by a corrected NRC safety
evaluation dated December 16, 2005.
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Act, 42
U.S.C. 2201(b), 2201(i), 2201(o), and
2234; and 10 CFR 50.80, it is hereby
ordered that the direct transfers of the
licenses, as described herein, to
FENGenCo are approved, subject to the
following conditions:
(1) On the closing date(s) of the
transfers to FENGenCo of their interests
in BVPS 1, BVPS 2, Davis-Besse, and
Perry, Penn Power, Cleveland Electric,
Ohio Edison, OES Nuclear, and Toledo
Edison shall transfer to FENGenCo all of
each transferor’s respective accumulated
decommissioning funds for BVPS 1,
BVPS 2, Davis-Besse, and Perry, except
for funds associated with the leased
portions of Perry and BVPS 2, and
tender to FENGenCo additional amounts
equal to remaining funds expected to be
collected in 2005, as represented in the
application dated June 1, 2005, but not
yet collected by the time of closing. All
of the funds shall be deposited in
separate external trust funds for each of
these four reactors in the same amounts
as received with respect to each unit; to
be segregated from other assets of
FENGenCo and outside its
administrative control, as required by
NRC regulations, and FENGenCo shall
take all necessary steps to ensure that
these external trust funds are
maintained in accordance with the
requirements of this Order approving
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
76081
the transfer of the licenses and
consistent with the safety evaluation
supporting the order and in accordance
with the requirements of 10 CFR 50.75,
‘‘Reporting and recordkeeping for
decommissioning planning.’’
(2) By the date of closing of the
transfer of the ownership interests in
BVPS 1, BVPS 2, and Perry, from Penn
Power to FENGenCo, FENGenCo shall
obtain a parent company guarantee from
FirstEnergy in an initial amount of at
least $80 million (in 2005 dollars) to
provide additional decommissioning
funding assurance regarding such
ownership interests. Required funding
levels shall be recalculated annually
and, as necessary, FENGenCo shall
either obtain appropriate adjustments to
the parent company guarantee or
otherwise provide any additional
decommissioning funding assurance
necessary for FENGenCo to meet NRC
requirements under 10 CFR 50.75.
(3) The Support Agreements
described in the applications dated May
18, 2005 (up to $80 million), and June
1, 2005 (up to $400 million), shall be
effective consistent with the
representations contained in the
applications. FENGenCo shall take no
action to cause FirstEnergy, or its
successors and assigns, to void, cancel,
or modify the Support Agreements
without the prior written consent of the
NRC staff, except, however, the $80
million Support Agreement in
connection with the transfer of the Penn
Power interests may be revoked or
rescinded if and when the $400 million
support agreement described in the June
1, 2005 application becomes effective.
FENGenCo shall inform the Director of
the Office of Nuclear Reactor
Regulation, in writing, no later than 10
days after any funds are provided to
FENGenCo by FirstEnergy under either
Support Agreement.
(4) Prior to completion of the transfers
of the licenses, FENGenCo shall provide
the Director of the Office of Nuclear
Reactor Regulation satisfactory
documentary evidence that it has
obtained the appropriate amount of
insurance required of licensees under 10
CFR part 140 of the Commission’s
regulations.
It is further ordered that, consistent
with 10 CFR 2.1315(b), license
amendments that make changes, as
indicated in Enclosures 2 through 5 to
the cover letter forwarding this Order, to
conform the licenses to reflect the
subject direct license transfers are
approved. FirstEnergy has indicated that
the Pennsylvania transfers described in
the May 18, 2005, application and the
Ohio transfers described in the June 1,
2005, application, will take place at the
E:\FR\FM\22DEN1.SGM
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76082
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices
same time. The amendments shall be
issued and made effective at the time
the proposed direct license transfers are
completed.
It is further ordered that FENOC shall
inform the Director of the Office of
Nuclear Reactor Regulation in writing of
the date of closing of the transfer of the
Penn Power, Cleveland Electric, Ohio
Edison, OES Nuclear, and Toledo
Edison interests in BVPS 1, BVPS 2,
Davis-Besse, and Perry no later than 5
business days prior to closing. Should
the transfer of the licenses not be
completed by December 31, 2006, this
Order shall become null and void,
provided; however, that upon written
application and for good cause shown,
such date may be extended by order.
This Order supercedes the Order
issued on November 15, 2005, and is
effective as of December 16, 2005.
For further details with respect to this
Order, see the initial applications dated
May 18 and June 1, 2005, as
supplemented by letters dated July 15
and October 31, 2005, and the revised
non-proprietary safety evaluation dated
December 16, 2005, which are available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area 01 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland and accessible electronically
from the Agencywide Documents
Access and Management System
(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 16th day
of December 2005.
For The Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–7723 Filed 12–21–05; 8:45 am]
cchase on PROD1PC60 with NOTICES
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–321 and 50–366]
Southern Nuclear Operating Company,
Inc., Edwin I. Hatch Nuclear Plant, Unit
Nos. 1 and 2; Environmental
Assessment and Finding of No
Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption from Title 10
of the Code of Federal Regulations (10
CFR), Part 50, section
50.55a(b)(2)(ix)(G), for Facility
Operating License Nos. DRP–57 and
NPF–5, issued to Southern Nuclear
Operating Company, Inc. (the licensee),
for operation of the Edwin I. Hatch
Nuclear Plant, Unit Nos. 1 and 2
(Hatch), located in Appling County,
Georgia. Therefore, as required by 10
CFR 51.21, the NRC is issuing this
environmental assessment and finding
of no significant impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would exempt
the licensee from the requirements of 10
CFR 50.55a(b)(2)(ix)(G) and allow the
licensee to perform a general visual
examination of the accessible surface
areas of the containment vessel pressure
retaining vent system, in lieu of the VT–
3 examination required by 10 CFR.
The proposed action is in accordance
with the licensee’s application dated
March 30, 2005, as supplemented by
letters dated August 2 and 24, 2005.
The Need for the Proposed Action
During the 3rd 10-year inservice
inspection (ISI) interval, which ends
December 31, 2005, the licensee’s code
of record, the 1992 American Society of
Mechanical Engineers, Boiler and
Pressure Vessel Code (ASME Code),
including the 1992 addenda, required a
VT–3 examination of the accessible
surface areas of the boiling water reactor
(BWR) vent system. For the 3rd 10-year
ISI interval, by letter dated July 19,
2000, the licensee requested in Relief
Request RR–MC–9 to perform a general
visual examination in lieu of the VT–3
examination. The licensee explained
that the proposed alternative was
sufficient to detect the types of
corrosion expected in the BWR vent
system. This request was approved by
the NRC by letter dated October 4, 2000.
For the 4th 10-year ISI interval, the
licensee’s code of record will be the 2001
edition through the 2003 addenda of the
ASME Code. Modifications to the ASME
Code and 10 CFR 50.55a have relocated the
VerDate Aug<31>2005
16:55 Dec 21, 2005
Jkt 208001
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
requirement to perform the VT–3
examination from the ASME Code to 10 CFR
50.55a(b)(2)(ix)(G). The licensee believes that
the examination provisions previously
authorized through Relief Request RR–MC–9
have proven to be sufficient to maintain the
structural integrity and leak-tightness of the
containment surfaces, and, therefore, serve
the underlying purpose of the rule. The
licensee is requesting to continue the use of
similar provisions during the 4th ISI interval
through an exemption.
Environmental Impacts of the Proposed
Action
The NRC has completed its safety
evaluation of the proposed action and
concludes that performing a general
visual examination as part of
maintaining the integrity of the coating
system will ensure the integrity of the
coated vent system components,
providing an acceptable level of quality
and safety.
The details of the NRC staff’s safety
evaluation will be provided in the
exemption that will be issued as part of
the letter to the licensee approving the
exemption from the regulation.
The proposed action will not
significantly increase the probability or
consequences of accidents. No changes
are being made in the types of effluents
that may be released off site. There is no
significant increase in the amount of
any effluent released off site. There is no
significant increase in occupational or
public radiation exposure. Therefore,
there are no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential
nonradiological impacts, the proposed
action does not have a potential to affect
any historic sites. It does not affect
nonradiological plant effluents and has
no other environmental impact.
Therefore, there are no significant
nonradiological environmental impacts
associated with the proposed action.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the staff considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). Denial of the application
would result in no change in current
environmental impacts. The
environmental impacts of the proposed
action and the alternative action are
similar.
Alternative Use of Resources
The action does not involve the use of
any different resources than those
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Pages 76080-76082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7723]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334, 50-412, 50-346 and 50-440; License Nos. DPR-66 and
NPF-73, NPF-3 and NPF-58]
Pennsylvania Power Company, Ohio Edison Company, OES Nuclear,
Inc., The Cleveland Electric, Illuminating Company, The Toledo Edison
Company, Firstenergy Nuclear Operating Company, (Beaver Valley Power
Station, Units 1 and 2), (Davis-Besse Nuclear Power Station, Unit 1),
(Perry Nuclear Power Plant, Unit 1); Order Superceding Order of
November 15, 2005 Approving Transfer of Licenses and Conforming
Amendments
FirstEnergy Nuclear Operating Company (FENOC) and Pennsylvania
Power Company (Penn Power), Ohio Edison Company (Ohio Edison), OES
Nuclear, Inc. (OES Nuclear), the Cleveland Electric Illuminating
Company (Cleveland Electric), and the Toledo Edison Company (Toledo
Edison), are holders of Facility Operating Licenses Nos. DPR-66, NPF-
73, NPF-3 and NPF-58, which authorize the possession, use, and
operation of Beaver Valley Power Station, Units 1 (BVPS 1) and 2 (BVPS
2; together with BVPS 1, BVPS), Davis-Besse Nuclear Power Station, Unit
1 (Davis-Besse), and Perry Nuclear Power Plant, Unit 1 (Perry),
respectively. FENOC is licensed by the U.S. Nuclear Regulatory
Commission (NRC, the Commission) to operate BVPS, Davis-Besse, and
Perry (the facilities). The facilities are located at the licensees'
sites in Beaver County, Pennsylvania, Ottawa County, Ohio, and Lake
County, Ohio, respectively.
By letter dated May 18, 2005, FENOC submitted an application
requesting approval of direct license transfers that would be necessary
in connection with the following proposed transfers to FirstEnergy
Nuclear Generation Corporation (FENGenCo), a new nuclear generation
subsidiary of FirstEnergy: Penn Power's 65-percent undivided ownership
interest in BVPS 1, 13.74-percent undivided ownership interest in BVPS
2, and 5.24-percent undivided ownership interest in Perry.
By letter dated June 1, 2005, FENOC submitted a second application
requesting approval of direct license transfers that would be necessary
in connection with the following proposed transfers to FENGenCo: Ohio
Edison's 35-percent undivided ownership interest in BVPS 1 and 20.22-
percent undivided ownership interest in BVPS 2; OES Nuclear's 17.42-
percent undivided ownership interest in Perry; Cleveland Electric's
24.47-percent undivided ownership interest in BVPS 2, 44.85-percent
undivided ownership interest in Perry, and 51.38-percent undivided
ownership interest in Davis-Besse; and, Toledo Edison's 1.65-percent
undivided ownership interest in BVPS 2, 19.91-percent undivided
ownership interest in Perry, and 48.62-percent undivided ownership
interest in Davis-Besse.
Supplemental information was provided by letters dated July 15 and
October 31, 2005, (hereinafter, the May 18 and June 1, 2005,
applications and supplemental information will be referred to
collectively as the ``applications''). FENOC also requested approval of
conforming license amendments that would reflect the proposed transfer
of ownership of Penn Power's interests in BVPS and Perry to FENGenCo;
delete the references to Penn Power in the licenses; authorize FENGenCo
to possess the respective ownership interests in BVPS and Perry;
reflect the proposed transfer of ownership interests in BVPS, Davis-
Besse, and Perry from Ohio Edison, OES Nuclear, Cleveland Electric, and
Toledo Edison (Ohio Companies) to FENGenCo; delete the Ohio Companies
from the licenses except those continuing to hold
[[Page 76081]]
leased interests; and, authorize FENGenCo to possess the respective
ownership interests in BVPS, Davis-Besse, and Perry being transferred
by the Ohio Companies. Ohio Edison's 21.66-percent leased interest in
BVPS 2, Toledo Edison's 18.26-percent leased interest in BVPS 2, and
Ohio Edison's 12.58-percent leased interest in Perry would not be
changed. No physical changes to the facilities or operational changes
were proposed in the applications. After completion of the proposed
transfers, the role of FENOC would be unchanged.
Approval of the transfer of the facility operating licenses and
conforming license amendments is requested by FENOC pursuant to
Sec. Sec. 50.80 and 50.90 of Title 10 of the Code of Federal
Regulations (10 CFR). Notices of the requests for approval and
opportunity for a hearing were published in the Federal Register on
August 2, 2005 (70 FR 44390-44395). No comments were received. Two
petitions for leave to intervene pursuant to 10 CFR 2.309 were received
on August 22, 2005, from the City of Cleveland, Ohio, and American
Municipal Power-Ohio, Inc. A joint motion to lodge by the City of
Cleveland, Ohio and Municipal Power Ohio, Inc., was received on
September 12, 2005. The petitions and motion are under consideration by
the Commission.
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. Upon review of the information in the application and other
information before the Commission, and relying upon the representations
and agreements contained in the application, the NRC staff has
determined that FENGenCo is qualified to hold the ownership interests
in the facilities previously held by Penn Power and the Ohio Companies,
and that the transfers of undivided ownership interests in the
facilities to FENGenCo described in the applications are otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission, subject to the conditions set forth below.
The NRC staff has further found that the applications for the proposed
license amendments comply 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 facilities
will operate in conformity with the applications, 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 amendments 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 amendments 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 amendments will be in accordance with 10 CFR
Part 51 of the Commission's regulations and all applicable requirements
have been satisfied.
On November 15, 2005, the Commission issued, ``Order Approving
Transfer of Licenses and Conforming Amendments Relating to Beaver
Valley Power Station, Units 1 and 2, Davis-Besse Nuclear Power Station,
Unit 1, and Perry Nuclear Power Plant, Unit 1.'' Subsequently, the NRC
staff determined that corrections were needed to the cover letter,
Order, conforming amendments and safety evaluations. This Order
contains the correction and supercedes the Order issued on November 15,
2005.
The findings set forth above are supported by a corrected NRC
safety evaluation dated December 16, 2005.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Act, 42 U.S.C. 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80,
it is hereby ordered that the direct transfers of the licenses, as
described herein, to FENGenCo are approved, subject to the following
conditions:
(1) On the closing date(s) of the transfers to FENGenCo of their
interests in BVPS 1, BVPS 2, Davis-Besse, and Perry, Penn Power,
Cleveland Electric, Ohio Edison, OES Nuclear, and Toledo Edison shall
transfer to FENGenCo all of each transferor's respective accumulated
decommissioning funds for BVPS 1, BVPS 2, Davis-Besse, and Perry,
except for funds associated with the leased portions of Perry and BVPS
2, and tender to FENGenCo additional amounts equal to remaining funds
expected to be collected in 2005, as represented in the application
dated June 1, 2005, but not yet collected by the time of closing. All
of the funds shall be deposited in separate external trust funds for
each of these four reactors in the same amounts as received with
respect to each unit; to be segregated from other assets of FENGenCo
and outside its administrative control, as required by NRC regulations,
and FENGenCo shall take all necessary steps to ensure that these
external trust funds are maintained in accordance with the requirements
of this Order approving the transfer of the licenses and consistent
with the safety evaluation supporting the order and in accordance with
the requirements of 10 CFR 50.75, ``Reporting and recordkeeping for
decommissioning planning.''
(2) By the date of closing of the transfer of the ownership
interests in BVPS 1, BVPS 2, and Perry, from Penn Power to FENGenCo,
FENGenCo shall obtain a parent company guarantee from FirstEnergy in an
initial amount of at least $80 million (in 2005 dollars) to provide
additional decommissioning funding assurance regarding such ownership
interests. Required funding levels shall be recalculated annually and,
as necessary, FENGenCo shall either obtain appropriate adjustments to
the parent company guarantee or otherwise provide any additional
decommissioning funding assurance necessary for FENGenCo to meet NRC
requirements under 10 CFR 50.75.
(3) The Support Agreements described in the applications dated May
18, 2005 (up to $80 million), and June 1, 2005 (up to $400 million),
shall be effective consistent with the representations contained in the
applications. FENGenCo shall take no action to cause FirstEnergy, or
its successors and assigns, to void, cancel, or modify the Support
Agreements without the prior written consent of the NRC staff, except,
however, the $80 million Support Agreement in connection with the
transfer of the Penn Power interests may be revoked or rescinded if and
when the $400 million support agreement described in the June 1, 2005
application becomes effective. FENGenCo shall inform the Director of
the Office of Nuclear Reactor Regulation, in writing, no later than 10
days after any funds are provided to FENGenCo by FirstEnergy under
either Support Agreement.
(4) Prior to completion of the transfers of the licenses, FENGenCo
shall provide the Director of the Office of Nuclear Reactor Regulation
satisfactory documentary evidence that it has obtained the appropriate
amount of insurance required of licensees under 10 CFR part 140 of the
Commission's regulations.
It is further ordered that, consistent with 10 CFR 2.1315(b),
license amendments that make changes, as indicated in Enclosures 2
through 5 to the cover letter forwarding this Order, to conform the
licenses to reflect the subject direct license transfers are approved.
FirstEnergy has indicated that the Pennsylvania transfers described in
the May 18, 2005, application and the Ohio transfers described in the
June 1, 2005, application, will take place at the
[[Page 76082]]
same time. The amendments shall be issued and made effective at the
time the proposed direct license transfers are completed.
It is further ordered that FENOC shall inform the Director of the
Office of Nuclear Reactor Regulation in writing of the date of closing
of the transfer of the Penn Power, Cleveland Electric, Ohio Edison, OES
Nuclear, and Toledo Edison interests in BVPS 1, BVPS 2, Davis-Besse,
and Perry no later than 5 business days prior to closing. Should the
transfer of the licenses not be completed by December 31, 2006, this
Order shall become null and void, provided; however, that upon written
application and for good cause shown, such date may be extended by
order.
This Order supercedes the Order issued on November 15, 2005, and is
effective as of December 16, 2005.
For further details with respect to this Order, see the initial
applications dated May 18 and June 1, 2005, as supplemented by letters
dated July 15 and October 31, 2005, and the revised non-proprietary
safety evaluation dated December 16, 2005, which are available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area 01 F21, 11555
Rockville Pike (first floor), Rockville, Maryland and accessible
electronically from the Agencywide Documents Access and Management
System (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 16th day of December 2005.
For The Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-7723 Filed 12-21-05; 8:45 am]
BILLING CODE 7590-01-P
