FPL Energy Seabrook, LLC, Seabrook Station, Unit No. 1; Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing, 9173-9174 [06-1557]
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated January
20, 2006, 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 Agency wide 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 13th day
of February 2006.
For the Nuclear Regulatory Commission.
Deirdre W. Spaulding,
Project Manager, Plant Licensing Branch III–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 06–1555 Filed 2–21–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–443]
cprice-sewell on PROD1PC66 with NOTICES
FPL Energy Seabrook, LLC, Seabrook
Station, Unit No. 1; Notice of
Consideration of Approval of
Application Regarding Proposed
Merger and Opportunity for a Hearing
The Nuclear Regulatory Commission
(NRC or the Commission) is considering
the issuance of an order under Title 10
of the Code of Federal Regulations (10
CFR) Section 50.80 approving the
indirect transfer of Facility Operating
License No. NPF–86 for the Seabrook
Station, Unit No. 1 (Seabrook), to the
extent currently held by FPL Energy
Seabrook, LLC (FPLE) as a co-owner and
licensed operator of Seabrook.
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14:35 Feb 21, 2006
Jkt 208001
According to an application for
approval filed by FPLE, FPL Group, Inc.,
the parent organization of FPLE, will
merge with a newly created subsidiary
of Constellation Energy Group, Inc. and
become a wholly owned subsidiary of
Constellation Energy Group, Inc. FPLE
will continue to own its 88.23 percent
ownership interest in Seabrook, operate
Seabrook, and hold the license to the
same extent now held. The other coowners of Seabrook, Hudson Light &
Power Department, Massachusetts
Municipal Wholesale Electric Company,
and Taunton Municipal Light Plant, are
not involved in the proposed
transaction.
No physical changes to the Seabrook
facility or operational changes are being
proposed in the application.
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 the
application for the indirect transfer of
the license if the Commission
determines that the proposed merger
will not affect the qualifications of the
licensee to hold the license, and that the
transfer is otherwise consistent with
applicable provisions of law,
regulations, and orders issued by the
Commission pursuant thereto.
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
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Fmt 4703
Sfmt 4703
9173
consider, in reviewing untimely
requests or petitions, set forth in 10 CFR
2.309(c)(1)(i) through (viii).
In accordance with 10 CFR Sections
2.302 and 2.305, requests for a hearing
and petitions for leave to intervene
should be served upon M. S. Ross,
Managing Attorney, Florida Power &
Light Company, P.O. Box 14000, Juno
Beach, FL 33408–0420 (telephone: 561–
691–7126, fax: 561–694–6274, e-mail:
mitch_ross@fpl.com); the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001 (e-mail address for filings
regarding license transfer cases only:
OGCLT@NRC.gov); and the Secretary of
the Commission, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Rulemakings
and Adjudications Staff.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
As an alternative to requests for
hearing and petitions to intervene,
within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated January
20, 2006, 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 (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.
E:\FR\FM\22FEN1.SGM
22FEN1
9174
Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
Dated at Rockville, Maryland this 13th day
of February 2006.
For the Nuclear Regulatory Commission.
G. Edward Miller,
Project Manager, Plant Licensing Branch I–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 06–1557 Filed 2–21–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
cprice-sewell on PROD1PC66 with NOTICES
In the Matter of National Aeronautics
and Space Administration;
Confirmatory Order (Effective
Immediately)
National Aeronautics and Space
Administration (NASA or Licensee) is
the holder of Byproduct Material
Licenses 19–05748–02 and 19–05748–
03 issued by the Nuclear Regulatory
Commission (NRC or Commission)
pursuant to 10 CFR part 30. License No.
19–05748–02 was originally issued on
June 28, 1960, and is due to expire on
July 3, 2011. License No. 19–05748–03
was originally issued on October 1,
1963, and is due to expire on September
30, 2015.
On January 16, 2003, the NRC Office
of Investigations (OI) initiated an
investigation (OI Case No. 1–2003–011)
at NASA. Based on the evidence
developed during its investigations, OI
substantiated that the contract RSO
deliberately failed to report missing
licensed material as required, and
provided incomplete and inaccurate
information, verbally and in writing, to
the NRC in violation of 10 CFR 30.9(a).
The results of the investigation
completed on May 25, 2005, were sent
to NASA in a letter dated August 18,
2005.
Subsequent to the NRC’s
identification of the apparent violations,
NASA took several actions to assure that
these events would not recur. These
actions included: (a) Selecting a new
contract RSO to provide radiation safety
services; (b) changing the inventory
database to improve tracking of sources;
(c) implementing recommendations
made by NASA Security Office
following its evaluation of the materials
storage area to improve security of the
facility; (d) conducting a physical
inventory of all items and determining
that all but two sources, which were
below reportable quantities, were
accounted for; and (e) instructing the
contract RSO that all notifications shall
be made within required regulatory
timeframes.
Also, in response to the NRC’s August
18, 2005, letter, NASA requested the use
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14:35 Feb 21, 2006
Jkt 208001
of Alternative Dispute Resolution (ADR)
to resolve the apparent violations and
pending enforcement action. ADR is a
process in which a neutral mediator,
with no decision-making authority,
assists the NRC and NASA to resolve
any disagreements on whether a
violation occurred, the appropriate
enforcement action, and the appropriate
corrective actions. At NASA’s request:
(1) A joint Alternative Dispute
Resolution (ADR) mediation session was
held at the NASA facility in Greenbelt,
Maryland, on November 4, 2005,
between NASA, its contract Radiation
Safety Officer (RSO), and the NRC; and
(2) an individual ADR session was held
in the Region I Office in King of Prussia,
PA on December 19, 2005, between
NASA and the NRC at which the
contract RSO participated in portions of
the mediation. These ADR sessions were
mediated by a professional mediator,
arranged through Cornell University’s
Institute of Conflict Management. Based
on the discussions during the ADR
sessions, a settlement agreement was
reached regarding this matter. The
elements of the settlement agreement
are as follows:
1. The NRC determined that
violations of NRC requirements
occurred at NASA when: (a) Contrary to
10 CFR 20.1501, its contract Radiation
Safety Officer (RSO) failed to perform a
reasonable and necessary evaluation of
information provided to him in
memoranda from a health physics
technician on September 10, 2002, and
October 21, 2002, to determine whether
the licensed material reported as
missing in those memoranda, at the
NASA Goddard Space Flight Center in
Greenbelt, Maryland, reached the
threshold for reportability under 10 CFR
20.2201; and (b) contrary to 10 CFR
30.9(a), the contract RSO provided
inaccurate information to an NRC
inspector during an NRC inspection on
December 18–19, 2002, when he
provided an inspector with an inventory
form indicating all sources were
accounted for when, in fact, sources
were not accounted for at the time.
2. NASA agreed that the contract RSO
caused NASA to violate NRC
requirements when he failed to perform
a reasonable and necessary evaluation,
pursuant to 10 CFR 20.1501, of
information provided to him by the
health physics technician, to determine
whether the licensed material reported
as missing in the memoranda identified
in Item 1 reached the threshold for
reportability under 10 CFR 20.2201.
NASA also agreed that the contract RSO
provided inaccurate information during
the December 18–19, 2002 inspection,
as noted in Item 1. The NRC maintained
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Fmt 4703
Sfmt 4703
that the contract RSO’s actions were
willful, at a minimum, in careless
disregard of NRC requirements, because
the contract RSO had reasonable
information that material was not
accounted for, yet he failed to
investigate and take appropriate action,
and he provided information to the
inspector that was inaccurate. NASA
contended that the contract RSO’s
actions were not in careless disregard,
in part, because he had doubts about the
accuracy of the information. The NRC
and NASA agreed to disagree on the
willfulness of the actions by the contract
RSO.
3. While NASA and the NRC agreed
to disagree on the willfulness of the
contract RSO’s actions, NASA and the
NRC agreed that the contract RSO’s
actions caused NASA to be in violation
of NRC requirements, which resulted in
an enforcement action that will be taken
against NASA as part of this ADR
agreement.
4. NASA also agreed to complete, in
addition to the actions it has already
taken, other actions to ensure that others
at NASA Goddard, other NASA
facilities, and other NRC licensees,
learned from these violations. Those
additional actions included: (a)
Increasing the frequency of its internal
audits of its radiation safety program
from annually to quarterly, for, at a
minimum, through the end of 2007; (b)
retaining an organization independent
of NASA Goddard to conduct an annual
independent review of the radiation
safety program, at a minimum, for 2006
and 2007; and (c) providing a
presentation at the NASA Occupational
Health Conference in 2006, and include,
at a minimum, in that presentation, a
description of the violations that are
described in Item 1 of this agreement, as
well as the circumstances that led to the
violations, lessons learned, and the
corrective actions taken and planned to
prevent recurrence.
5. NASA agreed to complete all of the
additional actions in Item 4 by
December 31, 2007, and send a letter to
the NRC informing the NRC that these
actions are complete. NASA agreed to
send this letter to the NRC within 30
days of completion of all actions.
6. In light of the corrective actions
that NASA has taken or has committed
to take as described above, NASA
agreed to the NRC issuance of a Notice
of Violation for the two violations
described in Item 1, which the NRC will
characterize as a Severity Level III
problem, as well as for the other
violations described in the NRC
inspection report attached to the NRC
August 18, 2005, letter which will be
characterized at Severity Level IV. This
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9173-9174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1557]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-443]
FPL Energy Seabrook, LLC, Seabrook Station, Unit No. 1; Notice of
Consideration of Approval of Application Regarding Proposed Merger and
Opportunity for a Hearing
The Nuclear Regulatory Commission (NRC or the Commission) is
considering the issuance of an order under Title 10 of the Code of
Federal Regulations (10 CFR) Section 50.80 approving the indirect
transfer of Facility Operating License No. NPF-86 for the Seabrook
Station, Unit No. 1 (Seabrook), to the extent currently held by FPL
Energy Seabrook, LLC (FPLE) as a co-owner and licensed operator of
Seabrook.
According to an application for approval filed by FPLE, FPL Group,
Inc., the parent organization of FPLE, will merge with a newly created
subsidiary of Constellation Energy Group, Inc. and become a wholly
owned subsidiary of Constellation Energy Group, Inc. FPLE will continue
to own its 88.23 percent ownership interest in Seabrook, operate
Seabrook, and hold the license to the same extent now held. The other
co-owners of Seabrook, Hudson Light & Power Department, Massachusetts
Municipal Wholesale Electric Company, and Taunton Municipal Light
Plant, are not involved in the proposed transaction.
No physical changes to the Seabrook facility or operational changes
are being proposed in the application.
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 the application for the indirect
transfer of the license if the Commission determines that the proposed
merger will not affect the qualifications of the licensee to hold the
license, and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission
pursuant thereto.
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) through (viii).
In accordance with 10 CFR Sections 2.302 and 2.305, requests for a
hearing and petitions for leave to intervene should be served upon M.
S. Ross, Managing Attorney, Florida Power & Light Company, P.O. Box
14000, Juno Beach, FL 33408-0420 (telephone: 561-691-7126, fax: 561-
694-6274, e-mail: mitch_ross@fpl.com); the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail
address for filings regarding license transfer cases only:
OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to requests for hearing and petitions to
intervene, within 30 days from the date of publication of this notice,
persons may submit written comments regarding the license transfer
application, as provided for in 10 CFR 2.1305. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated January 20, 2006, 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 (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.
[[Page 9174]]
Dated at Rockville, Maryland this 13th day of February 2006.
For the Nuclear Regulatory Commission.
G. Edward Miller,
Project Manager, Plant Licensing Branch I-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 06-1557 Filed 2-21-06; 8:45 am]
BILLING CODE 7590-01-P
