In the Matter of Duke Energy Corporation; Order Approving Application Regarding Proposed Corporate Restructuring and Approving Conforming Amendments, 7802-7803 [E6-2022]
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7802
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
NATIONAL SCIENCE FOUNDATION
Astronomy and Astrophysics Advisory
Committee #13883; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
Astronomy and Astrophysics Advisory
Committee (#13883) meeting:
Date and Time: February 13–14, 2006,
8:30 a.m.–5 p.m.
Place: National Aeronautics and
Space Administration (NASA), 300 E
Street SW., Room MIC–5, Washington,
DC 20546.
Type of Meeting: Open.
Contact Person: Dr. G. Wayne Van
Citters, Director, Division of
Astronomical Sciences, Suite 1045,
National Science Foundation, 4201
Wilson Blvd., Arlington, VA 22230.
Telephone: (703) 292–4908.
Purpose of Meeting: To provide
advice and recommendations to the
National Science Foundation (NSF), the
National Aeronautics and Space
Administration (NASA) and the U.S.
Department of Energy (DOE) on issues
within the field of astronomy and
astrophysics that are of mutual interest
and concern to the agencies.
Agenda: To hear presentations of
current programming by representatives
from NSF, NASA, DOE and other
agencies relevant to astronomy and
astrophysics; to discuss current and
potential areas of cooperation between
the agencies; to formulate
recommendations for continued and
new areas of cooperation and
mechanisms for achieving them.
Reason for Late Notice: Due to
administrative complications and
oversight.
Dated: February 9, 2006.
Susanne E. Bolton,
Committee Management Officer.
[FR Doc. 06–1350 Filed 2–13–06; 8:45 am]
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rmajette on PROD1PC67 with NOTICES
In the Matter of Duke Energy
Corporation; Order Approving
Application Regarding Proposed
Corporate Restructuring and
Approving Conforming Amendments
(Catawba Nuclear
Station, Units 1 and
2).
Docket No. 50–413.
Docket No. 50–414.
Renewed License No.
NPF–35.
VerDate Aug<31>2005
14:46 Feb 13, 2006
Jkt 208001
(McGuire Nuclear
Station, Units 1 and
2).
(Oconee Nuclear Station, Units 1, 2, and
3 ) and Oconee
Independent Spent
Fuel Storage Installation).
Docket No. 50–369.
Docket No. 50–370.
Renewed License No.
NPF–9.
Renewed License No.
NPF–17.
Docket No. 50–269.
Docket No. 50–270.
Docket No. 50–287.
Docket No. 72–004.
Renewed License No.
DPR–38.
Renewed License No.
DPR–47.
Renewed License No.
DPR–55.
License No. SNM–
2503.
Renewed License No.
NPF–52.
I.
Duke Energy Corporation (Duke
Energy), the North Carolina Electric
Membership Corporation, and the
Saluda River Electric Cooperative, Inc.,
are the holders of Renewed Facility
Operating License No. NPF–35, which
authorizes the possession, use, and
operation of the Catawba Nuclear
Station, Unit 1. Duke Energy, the North
Carolina Municipal Power Agency No.
1, and the Piedmont Municipal Power
Agency are the holders of Renewed
Facility Operating License No. NPF–52,
which authorizes the possession, use,
and operation of the Catawba Nuclear
Station, Unit 2. The Catawba Nuclear
Station, Units 1 and 2, is located in York
County, South Carolina.
Duke Energy is the holder of Renewed
Facility Operating Licenses Nos. NPF–9
and NPF–17, which authorizes the
possession, use, and operation of the
McGuire Nuclear Station, Units 1 and 2.
The McGuire Nuclear Station is located
in Mecklenburg County, North Carolina.
Duke Energy is the holder of Renewed
Facility Operating Licenses Nos. DPR–
38, DPR–47, and DPR–55, which
authorize the possession, use, and
operation of the Oconee Nuclear
Station, Units 1, 2, and 3, and Materials
License No. SNM–2503, which
authorizes operation of the Oconee
Independent Spent Fuel Storage
Installation (ISFSI). The Oconee Nuclear
Station and the ISFSI are located in
Oconee County, South Carolina.
II.
By application dated August 5, 2005,
as supplemented by letters dated
November 28 and December 14, 2005,
and February 6, 2006, Duke Energy
requested, pursuant to Title 10 of the
Code of Federal Regulations (10 CFR),
Part 50, Section 50.80 (10 CFR 50.80),
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
consent to the indirect license transfers
that would be effected by the indirect
transfer of control of Duke Energy’s
ownership and/or operating interests in
Catawba Nuclear Station, Units 1 and 2,
McGuire Nuclear Station, Units 1 and 2,
and Oconee Nuclear Station, Units 1, 2,
and 3 (the Duke nuclear units) and the
Oconee ISFSI. This action is being
sought as a result of a corporate
restructuring involving the creation of a
new holding company which will
become the parent of Duke Energy. The
new holding company, to be named
Duke Energy Corporation (referred to
herein as New Duke Energy, to
distinguish it from the licensee, Duke
Energy), will be created in connection
with the merger of Duke Energy with
Cinergy Corporation (Cinergy). Duke
Energy will convert its corporate form to
a limited liability company (LLC)
without interruption of its legal
existence and be renamed Duke Power
Company LLC (Duke Power). The
holders of the Catawba Nuclear Station
Renewed Facility Operating Licenses
other than Duke Energy are not involved
in this action.
Approval of the indirect transfer of
the Renewed Facility Operating
Licenses and the Oconee ISFSI License
was requested by Duke Energy pursuant
to 10 CFR 50.80 and 10 CFR 72.50,
respectively. Approval of conforming
license amendments was requested
pursuant to 10 CFR 50.90 and 72.56.
Three notices entitled, ‘‘Notice of
Consideration of Approval of
Application Regarding Proposed
Corporate Restructuring and
Conforming Amendments, and
Opportunity for a Hearing,’’ were
published in the Federal Register on
December 30, 2005 (70 FR 77430
(Catawba), 70 FR 77429 (McGuire), and
70 FR 77428 (Oconee)). No comments or
hearing requests were received.
Under 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. In addition,
pursuant to 10 CFR 72.50, no license
shall be transferred, directly or
indirectly, through transfer of control of
the license, unless the Commission
gives its consent in writing. Upon
review of the information in the
application by Duke Energy and other
information before the Commission, the
Nuclear Regulatory Commission (NRC)
staff has determined that the subject
corporate restructuring will not affect
the qualifications of Duke Energy,
converted to Duke Power, to hold the
licenses to the same extent now held by
Duke Energy, and that the indirect
E:\FR\FM\14FEN1.SGM
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7803
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
transfer of the licenses effected by the
restructuring is otherwise consistent
with the applicable provisions of laws,
regulations, and orders issued by the
NRC, pursuant thereto. 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.
The findings set forth above are
supported by a safety evaluation dated
February 7, 2006.
rmajette on PROD1PC67 with NOTICES
III.
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended (the
Act), 42 U.S.C. 2201(b), 2201(i), 2201(o),
and 2234; and 10 CFR 50.80 and 10 CFR
72.50, It is hereby ordered that the
application regarding the proposed
corporate restructuring and indirect
license transfers is approved, subject to
the following condition:
Duke Power shall provide the Director of
the Office of Nuclear Reactor Regulation a
copy of any application, at the time it is filed,
to transfer (excluding grants of security
interests or liens) from Duke Power to its
parent, or to any other affiliated company,
facilities for the production, transmission, or
distribution of electric energy having a
depreciated book value exceeding ten percent
(10%) of Duke Power’s net utility plant, as
recorded on its books of account.
It is further ordered that consistent with 10
CFR 2.1315(b), license amendments that
make changes, as indicated in Enclosures 2
through 9 to the cover letter forwarding this
Order, to reflect the subject restructuring
action are approved. The amendments shall
be issued and made effective at the time the
proposed restructuring action is completed.
It is further ordered that after receipt of all
required regulatory approvals of the
proposed corporate restructuring and/or
merger between Duke Energy and Cinergy
Corporation, Duke Energy shall inform the
VerDate Aug<31>2005
14:46 Feb 13, 2006
Jkt 208001
Director of the Office of Nuclear Reactor
Regulation in writing of such receipt within
5 business days and of the date of the closing
of the restructuring no later than 2 business
days prior to the date of closing. Should the
proposed restructuring not be completed by
February 1, 2007, this Order shall become
null and void, provided, however, upon
written application and good cause shown,
such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
August 5, 2005, as supplemented by
letters dated November 28 and
December 14, 2005, and February 6,
2006, and the safety evaluation dated
February 7, 2006, 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 7th day
of February 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
E. William Brach,
Director, Spent Fuel Project, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. E6–2022 Filed 2–13–06; 8:45 am]
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Sunshine Act Meeting; Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATE: Weeks of February 13, 20, 27,
March 6, 13, 20, 2006.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
Week of February 13, 2006
Tuesday, February 14, 2006
2 p.m. Briefing on Office of Nuclear
Materials Safety and Safeguards
PO 00000
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Fmt 4703
Sfmt 4703
(NMSS) Programs, Performance, and
Plans—Waste (Public Meeting).
(Contact: Teresa Mixon, 301–415–474;
Derek Widmayer, 301–415–6677.)
This meeting will be webcast live at
the Web address https://www.nrc.gov.
Wednesday, February 15, 2006
9:30 a.m. Briefing on Office of Chief
Financial Officer (CFO) Programs,
Performance, and Plans (Public
Meeting). (Contact: Edward New,
301–415–5646.)
This meeting will be webcast live at
the Web address https://www.nrc.gov.
Week of February 20, 2006—Tentative
There are no meetings scheduled for
the Week of February 20, 2006.
Week of February 27, 2006—Tentative
There are no meetings scheduled for
the Week of February 27, 2006.
Week of March 6, 2006—Tentative
There are no meetings scheduled for
the Week of March 6, 2006.
Week of March 13, 2006—Tentative
Monday, March 13, 2006
1:30 p.m. Briefing on Office of
Information Services (OIS) Programs,
Performance, and Plans (Public
Meeting). (Contact: Edward Baker,
301–415–8700.)
This meeting will be webcast live at
the Web address https://www.nrc.gov.
Wednesday, March 15, 2006
9:30 a.m. Briefing on Office of Nuclear
Security and Incident Response
(NSIR) Programs, Performance, and
Plans (Public Meeting). (Contact:
Evelyn S. Williams, 301–415–7011.)
This meeting will be webcast live at
the Web address https://www.nrc.gov.
1:30 p.m. Discussion of Security Issues
(closed—ex. 1 & 3).
Thursday, March 16, 2006
9:30 a.m. Briefing on Office of Nuclear
Reactor Regulation (NRR) Programs,
Performance, and Plans (Public
Meeting). (Contact: Cynthia Carpenter,
301–415–1275.)
This meeting will be webcast live at
the Web address https://www.nrc.gov.
Week of March 20, 2006—Tentative
There are no meetings scheduled for
the Week of March 20, 2006.
*The schedule for Commission meetings is
subject to change on short notice. To verify
the status of meetings call (recording)—(301)
415–1292. Contact person for more
information: Michelle Schroll, (301) 415–
1662.
*
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*
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Agencies
[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Notices]
[Pages 7802-7803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2022]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
In the Matter of Duke Energy Corporation; Order Approving
Application Regarding Proposed Corporate Restructuring and Approving
Conforming Amendments
------------------------------------------------------------------------
------------------------------------------------------------------------
(Catawba Nuclear Station, Units 1 and 2).. Docket No. 50-413.
Docket No. 50-414.
Renewed License No. NPF-35.
(McGuire Nuclear Station, Units 1 and 2).. Docket No. 50-369.
Docket No. 50-370.
Renewed License No. NPF-9.
Renewed License No. NPF-17.
(Oconee Nuclear Station, Units 1, 2, and 3 Docket No. 50-269.
) and Oconee Independent Spent Fuel Docket No. 50-270.
Storage Installation). Docket No. 50-287.
Docket No. 72-004.
Renewed License No. DPR-38.
Renewed License No. DPR-47.
Renewed License No. DPR-55.
License No. SNM-2503.
Renewed License No. NPF-52.
------------------------------------------------------------------------
I.
Duke Energy Corporation (Duke Energy), the North Carolina Electric
Membership Corporation, and the Saluda River Electric Cooperative,
Inc., are the holders of Renewed Facility Operating License No. NPF-35,
which authorizes the possession, use, and operation of the Catawba
Nuclear Station, Unit 1. Duke Energy, the North Carolina Municipal
Power Agency No. 1, and the Piedmont Municipal Power Agency are the
holders of Renewed Facility Operating License No. NPF-52, which
authorizes the possession, use, and operation of the Catawba Nuclear
Station, Unit 2. The Catawba Nuclear Station, Units 1 and 2, is located
in York County, South Carolina.
Duke Energy is the holder of Renewed Facility Operating Licenses
Nos. NPF-9 and NPF-17, which authorizes the possession, use, and
operation of the McGuire Nuclear Station, Units 1 and 2. The McGuire
Nuclear Station is located in Mecklenburg County, North Carolina.
Duke Energy is the holder of Renewed Facility Operating Licenses
Nos. DPR-38, DPR-47, and DPR-55, which authorize the possession, use,
and operation of the Oconee Nuclear Station, Units 1, 2, and 3, and
Materials License No. SNM-2503, which authorizes operation of the
Oconee Independent Spent Fuel Storage Installation (ISFSI). The Oconee
Nuclear Station and the ISFSI are located in Oconee County, South
Carolina.
II.
By application dated August 5, 2005, as supplemented by letters
dated November 28 and December 14, 2005, and February 6, 2006, Duke
Energy requested, pursuant to Title 10 of the Code of Federal
Regulations (10 CFR), Part 50, Section 50.80 (10 CFR 50.80), consent to
the indirect license transfers that would be effected by the indirect
transfer of control of Duke Energy's ownership and/or operating
interests in Catawba Nuclear Station, Units 1 and 2, McGuire Nuclear
Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2, and 3
(the Duke nuclear units) and the Oconee ISFSI. This action is being
sought as a result of a corporate restructuring involving the creation
of a new holding company which will become the parent of Duke Energy.
The new holding company, to be named Duke Energy Corporation (referred
to herein as New Duke Energy, to distinguish it from the licensee, Duke
Energy), will be created in connection with the merger of Duke Energy
with Cinergy Corporation (Cinergy). Duke Energy will convert its
corporate form to a limited liability company (LLC) without
interruption of its legal existence and be renamed Duke Power Company
LLC (Duke Power). The holders of the Catawba Nuclear Station Renewed
Facility Operating Licenses other than Duke Energy are not involved in
this action.
Approval of the indirect transfer of the Renewed Facility Operating
Licenses and the Oconee ISFSI License was requested by Duke Energy
pursuant to 10 CFR 50.80 and 10 CFR 72.50, respectively. Approval of
conforming license amendments was requested pursuant to 10 CFR 50.90
and 72.56. Three notices entitled, ``Notice of Consideration of
Approval of Application Regarding Proposed Corporate Restructuring and
Conforming Amendments, and Opportunity for a Hearing,'' were published
in the Federal Register on December 30, 2005 (70 FR 77430 (Catawba), 70
FR 77429 (McGuire), and 70 FR 77428 (Oconee)). No comments or hearing
requests were received.
Under 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. In
addition, pursuant to 10 CFR 72.50, no license shall be transferred,
directly or indirectly, through transfer of control of the license,
unless the Commission gives its consent in writing. Upon review of the
information in the application by Duke Energy and other information
before the Commission, the Nuclear Regulatory Commission (NRC) staff
has determined that the subject corporate restructuring will not affect
the qualifications of Duke Energy, converted to Duke Power, to hold the
licenses to the same extent now held by Duke Energy, and that the
indirect
[[Page 7803]]
transfer of the licenses effected by the restructuring is otherwise
consistent with the applicable provisions of laws, regulations, and
orders issued by the NRC, pursuant thereto. 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.
The findings set forth above are supported by a safety evaluation
dated February 7, 2006.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b),
2201(i), 2201(o), and 2234; and 10 CFR 50.80 and 10 CFR 72.50, It is
hereby ordered that the application regarding the proposed corporate
restructuring and indirect license transfers is approved, subject to
the following condition:
Duke Power shall provide the Director of the Office of Nuclear
Reactor Regulation a copy of any application, at the time it is
filed, to transfer (excluding grants of security interests or liens)
from Duke Power to its parent, or to any other affiliated company,
facilities for the production, transmission, or distribution of
electric energy having a depreciated book value exceeding ten
percent (10%) of Duke Power's net utility plant, as recorded on its
books of account.
It is further ordered that consistent with 10 CFR 2.1315(b),
license amendments that make changes, as indicated in Enclosures 2
through 9 to the cover letter forwarding this Order, to reflect the
subject restructuring action are approved. The amendments shall be
issued and made effective at the time the proposed restructuring
action is completed.
It is further ordered that after receipt of all required
regulatory approvals of the proposed corporate restructuring and/or
merger between Duke Energy and Cinergy Corporation, Duke Energy
shall inform the Director of the Office of Nuclear Reactor
Regulation in writing of such receipt within 5 business days and of
the date of the closing of the restructuring no later than 2
business days prior to the date of closing. Should the proposed
restructuring not be completed by February 1, 2007, this Order shall
become null and void, provided, however, upon written application
and good cause shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated August 5, 2005, as supplemented by letters dated
November 28 and December 14, 2005, and February 6, 2006, and the safety
evaluation dated February 7, 2006, 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 7th day of February 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
E. William Brach,
Director, Spent Fuel Project, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E6-2022 Filed 2-13-06; 8:45 am]
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