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]

Download as PDF 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 Specifically, Intellisync Corporation, San Jose, CA has withdrawn as a party to this venture.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 22DEN1 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, http://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, http://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