Duke Energy Corporation; Oconee Nuclear Station, Units 1, 2, and 3; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Conforming Amendments, and Opportunity for a Hearing, 77428-77429 [E5-8141]
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77428
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Notices
Facility Operating Licenses Nos. DPR–
38, DPR–47, and DPR–55 and NRC
Materials License No. SNM–2503 for the
Oconee Nuclear Station, Units 1, 2, and
3, currently held by Duke Energy
Corporation, as owner and licensed
operator of Oconee Nuclear Station,
Units 1, 2, and 3. The indirect transfer
would be to a new holding company to
be named Duke Energy Corporation. The
Commission is also considering
amending the licenses for
administrative purposes to reflect the
proposed change of the name of the
licensee from Duke Energy Corporation
to Duke Power Company LLC.
According to an application for
approval filed by Duke Energy
Corporation, following approval of the
Dated: December 28, 2005.
proposed indirect license transfers, a
Robert M. Friend,
new holding company would be created
Acting Deputy Assistant Secretary for Mine
to become the parent of the licensee. No
Safety and Health.
physical changes to the Oconee Nuclear
Station, Units 1, 2, and 3, facility or
FEE SCHEDULE EFFECTIVE JANUARY 1, ISFSI or operational changes are being
2006
proposed in the application.
The proposed amendments would
[Based on FY 2005 data]
reflect the proposed change in the name
Hourly of the licensee from Duke Energy
Action title
rate
Corporation to Duke Power Company
LLC, following the licensee’s conversion
Fees for Testing, Evaluation, Apfrom a corporation to a limited liability
proval and Retesting for Approval
company. Although the Part 50 licenses
as a Result of Post-Approval
contain antitrust conditions, there are
Product Audit of all Mining Products 1 .............................................
$71 no proposed changes to these
conditions.
1 Full approval fee consists of evaluation
Pursuant to 10 CFR 50.80 and 10 CFR
cost plus applicable test costs.
72.50, no license, or any right
thereunder, shall be transferred, directly
Note: When the nature of the product
or indirectly, through transfer of control
requires that MSHA test and evaluate the
of the license, unless the Commission
product at a location other than on MSHA
premises, MSHA must be reimbursed for the
shall give its consent in writing. The
travel, subsistence, and incidental expenses
Commission will approve an
of its representative in accordance with
application for the indirect transfer of a
Federal government travel regulations. This
license, if the Commission determines
reimbursement is in addition to the fees
that the proposed underlying
charged for evaluation and testing.
transaction resulting in the indirect
[FR Doc. 05–24691 Filed 12–29–05; 8:45 am]
transfer will not affect the qualifications
of the holder of the license, and that the
BILLING CODE 4510–43–P
indirect transfer is otherwise consistent
with applicable provisions of law,
regulations, and orders issued by the
NUCLEAR REGULATORY
Commission pursuant thereto.
COMMISSION
Before issuance of the proposed
[Docket Nos. 50–269, 50–270, 50–287, and
conforming license amendments, the
72–004]
Commission will have made findings
required by the Atomic Energy Act of
Duke Energy Corporation; Oconee
1954, as amended (the Act), and the
Nuclear Station, Units 1, 2, and 3;
Notice of Consideration of Approval of Commission’s regulations.
As provided in 10 CFR 2.1315, unless
Application Regarding Proposed
otherwise determined by the
Corporate Restructuring and
Commission with regard to a specific
Conforming Amendments, and
application, the Commission has
Opportunity for a Hearing
determined that any amendment to the
The U.S. Nuclear Regulatory
license of a utilization facility or to the
Commission (the Commission) is
license of an independent spent fuel
considering the issuance of an order
storage installation which does no more
under 10 CFR 50.80 and 72.50
than conform the license to reflect the
approving the indirect transfer of
indirect transfer action involves no
wwhite on PROD1PC61 with NOTICES
to reflect established policy and
procedures for administering user fees.
In addition, the final rule advised the
public that the fees relating to part 15
testing of explosives would be modified.
In recent years, MSHA has relied on the
Department of Health and Human
Services’ National Institute for
Occupational Safety and Health
(NIOSH) to conduct part 15 testing on
its behalf. Since NIOSH no longer has
the facilities to conduct all of the part
15 tests, the tests will be contracted out
to other organizations. For additional
information regarding part 15 testing,
please contact Steven J. Luzik, Chief,
Approval and Certification Center, 304–
547–2029 or 304–547–0400.
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18:16 Dec 29, 2005
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significant hazards consideration or no
genuine issue as to whether the health
and safety of the public will be
significantly affected. 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 Timika Shafeek-Horton, Assistant
General Counsel, Duke Energy Law
Department, Mail Code EC07H–7109,
P.O. Box 1006, 526 South Church St.,
Charlotte, NC 28201–1006, (704) 382–
6373, (704) 382–6056 fax; 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
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Notices
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
indirect license transfer application, as
provided for in 10 CFR 2.1305. The
Commission will consider and, if
appropriate, respond to these
comments, but such comments will not
otherwise constitute part of the
decisional record. Comments should be
submitted to the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Rulemakings
and Adjudications Staff, and should cite
the publication date and page number of
this Federal Register notice.
For further details with respect to this
action, see the application dated August
5, 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 23rd day
of December 2005.
For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Senior Project Manager, Plant Licensing
Branch II–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–8141 Filed 12–29–05; 8:45 am]
wwhite on PROD1PC61 with NOTICES
BILLING CODE 7590–01–P
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18:16 Dec 29, 2005
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–369 and 50–370]
Duke Energy Corporation; McGuire
Nuclear Station, Units 1 and 2; Notice
of Consideration of Approval of
Application Regarding Proposed
Corporate Restructuring and
Conforming Amendments, and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an order
under 10 CFR 50.80 approving the
indirect transfer of Facility Operating
Licenses Nos. NPF–9 and NPF–17 for
the McGuire Nuclear Station, Units 1
and 2, currently held by Duke Energy
Corporation, as owner and licensed
operator of McGuire Nuclear Station,
Units 1 and 2. The indirect transfer
would be to a new holding company to
be named Duke Energy Corporation. The
Commission is also considering
amending the licenses for
administrative purposes to reflect the
proposed change of the name of the
licensee from Duke Energy Corporation
to Duke Power Company LLC.
According to an application for
approval filed by Duke Energy
Corporation, following approval of the
proposed indirect license transfers, a
new holding company would be created
to become the parent of the licensee. No
physical changes to the McGuire
Nuclear Station, Units 1 and 2, facility
or operational changes are being
proposed in the application.
The proposed amendments would
reflect the proposed change in the name
of the licensee from Duke Energy
Corporation to Duke Power Company
LLC, following the licensee’s conversion
from a corporation to a limited liability
company. Although the licenses contain
antitrust license conditions, there are no
proposed changes to these conditions.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed underlying
transaction resulting in the indirect
transfer will not affect the qualifications
of the holder of the license, and that the
indirect 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 amendments, the
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
77429
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 indirect 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 Timika Shafeek-Horton, Assistant
General Counsel, Duke Energy Law
Department, Mail Code EC07H–7109,
P.O. Box 1006, 526 South Church St.,
Charlotte, NC 28201–1006, (704) 382–
6373, (704) 382–6056 (fax); the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
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]]>Agencies
[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Notices]
[Pages 77428-77429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8141]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, 50-287, and 72-004]
Duke Energy Corporation; Oconee Nuclear Station, Units 1, 2, and
3; Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring and Conforming Amendments, and
Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 and 72.50
approving the indirect transfer of Facility Operating Licenses Nos.
DPR-38, DPR-47, and DPR-55 and NRC Materials License No. SNM-2503 for
the Oconee Nuclear Station, Units 1, 2, and 3, currently held by Duke
Energy Corporation, as owner and licensed operator of Oconee Nuclear
Station, Units 1, 2, and 3. The indirect transfer would be to a new
holding company to be named Duke Energy Corporation. The Commission is
also considering amending the licenses for administrative purposes to
reflect the proposed change of the name of the licensee from Duke
Energy Corporation to Duke Power Company LLC.
According to an application for approval filed by Duke Energy
Corporation, following approval of the proposed indirect license
transfers, a new holding company would be created to become the parent
of the licensee. No physical changes to the Oconee Nuclear Station,
Units 1, 2, and 3, facility or ISFSI or operational changes are being
proposed in the application.
The proposed amendments would reflect the proposed change in the
name of the licensee from Duke Energy Corporation to Duke Power Company
LLC, following the licensee's conversion from a corporation to a
limited liability company. Although the Part 50 licenses contain
antitrust conditions, there are no proposed changes to these
conditions.
Pursuant to 10 CFR 50.80 and 10 CFR 72.50, no license, or any right
thereunder, shall be transferred, directly or indirectly, through
transfer of control of the license, unless the Commission shall give
its consent in writing. The Commission will approve an application for
the indirect transfer of a license, if the Commission determines that
the proposed underlying transaction resulting in the indirect transfer
will not affect the qualifications of the holder of the license, and
that the indirect 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 amendments, 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
or to the license of an independent spent fuel storage installation
which does no more than conform the license to reflect the indirect
transfer action involves no significant hazards consideration or no
genuine issue as to whether the health and safety of the public will be
significantly affected. 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 Timika Shafeek-Horton, Assistant General Counsel, Duke
Energy Law Department, Mail Code EC07H-7109, P.O. Box 1006, 526 South
Church St., Charlotte, NC 28201-1006, (704) 382-6373, (704) 382-6056
fax; 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
[[Page 77429]]
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 indirect license
transfer application, as provided for in 10 CFR 2.1305. The Commission
will consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated August 5, 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 23rd day of December 2005.
For the Nuclear Regulatory Commission.
Leonard N. Olshan,
Senior Project Manager, Plant Licensing Branch II-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E5-8141 Filed 12-29-05; 8:45 am]
BILLING CODE 7590-01-P
