R.E. Ginna Nuclear Plant, LLC; R.E. Ginna Nuclear Power Plant; Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing, 9176-9177 [06-1617]
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9176
Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
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).
Requests for a hearing and petitions
for leave to intervene should be served
upon Mr. Jay M. Gutierrez at Morgan,
Lewis & Bockius, LLP, 1111
Pennsylvania Avenue, Washington, DC
20004, telephone: 202–739–5466, fax:
202–739–3001, and e-mail
jgutierrez@morganlewis.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, in
accordance with 10 CFR 2.302 and
2.305.
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
VerDate Aug<31>2005
14:35 Feb 21, 2006
Jkt 208001
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
23, 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.
Patrick D. Milano,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 06–1619 Filed 2–21–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–244]
R.E. Ginna Nuclear Plant, LLC; R.E.
Ginna Nuclear Power Plant; Notice of
Consideration of Approval of
Application Regarding Proposed
Merger 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 the Renewed Facility
Operating License, which is numbered
DPR–18, for the R.E. Ginna Nuclear
Power Plant (Ginna), currently held by
R.E. Ginna Nuclear Power Plant, LLC
(Ginna LLC), as owner and licensed
operator.
According to an application for
approval filed by Constellation
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
Generation Group, LLC (CGG), on behalf
of Ginna LLC, in connection with the
merger of CGG’s parent company,
Constellation Energy Group, Inc. (CEG,
Inc.), and FPL Group, Inc. (FPL Group),
FPL Group will become a wholly owned
subsidiary of CEG, Inc. At the closing of
the merger, the former shareholders of
FPL Group will own approximately
60% of the outstanding stock of CEG,
Inc., and the pre-merger shareholders of
CEG, Inc., will own the remaining
approximately 40%. In addition, the
CEG, Inc., board of directors will be
composed of fifteen members, nine of
whom will be named by FPL Group, and
six of whom will be named by the
current CEG, Inc. Ginna LLC will
continue to own and operate the facility
and hold the license.
No physical changes to the 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 a
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
E:\FR\FM\22FEN1.SGM
22FEN1
cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
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).
Requests for a hearing and petitions
for leave to intervene should be served
upon Mr. Jay M. Gutierrez at Morgan,
Lewis & Bockius, LLP, 1111
Pennsylvania Avenue, Washington, DC
20004, telephone: 202–739–5466, fax:
202–739–3001, and e-mail
jgutierrez@morganlewis.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, in
accordance with 10 CFR 2.302 and
2.305.
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
23, 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
VerDate Aug<31>2005
14:35 Feb 21, 2006
Jkt 208001
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.
Patrick D. Milano,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 06–1617 Filed 2–21–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA 05–041]
In the Matter of Theodore D. Simmons,
II; Confirmatory Order (Effective
Immediately)
I
Theodore D. Simmons, II (Mr.
Simmons) is employed by a contractor
hired to provide various health and
safety services to NASA’s Goddard
Space Flight Center. Mr. Simmons
serves as the Radiation Safety Officer
(RSO) on the NRC license.
II
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
did substantiate that Mr. Simmons
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 Mr. Simmons in a letter dated August
18, 2005.
III
Subsequent to the inspection in
December 2002, and after becoming
aware of the details of the apparent
violation, Mr. Simmons undertook a
number of corrective actions to assure
that these events would not recur. These
actions included changing the manner
in which assessments were completed
and source location was verified, and
attendance at a 40-hour Radiation Safety
Officer course in November 2005 which
addressed the issue of communications
and reportability to the NRC.
In response to the NRC’s August 18,
2005, letter, Mr. Simmons requested the
use of Alternative Dispute Resolution
(ADR) to resolve these apparent
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
9177
violations and pending enforcement
action. ADR is a process in which a
neutral mediator, with no decisionmaking authority, assists the NRC and
the individual to resolve any
disagreements on whether a violation
occurred, the appropriate enforcement
action, and the appropriate corrective
actions. At Mr. Simmons’ request: (1) A
joint Alternative Dispute Resolution
(ADR) mediation session was held at the
NASA facility in Greenbelt, Maryland,
on November 4, 2005, between Mr.
Simmons, NASA, 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 Mr.
Simmons and the NRC, at which NASA
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, Mr. Simmons 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, in those memoranda, as
missing 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) Mr. Simmons
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 used by health physics
technicians to account for sources
indicating all sources were accounted
for, when in fact, sources were not
accounted for at the time.
2. Mr. Simmons agreed that he 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. Mr. Simmons
also agreed that he provided inaccurate
information during the December 18–19,
2002, inspection, as noted in Item 1.
3. The NRC maintained that Mr.
Simmons’ actions were willful, at a
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9176-9177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1617]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-244]
R.E. Ginna Nuclear Plant, LLC; R.E. Ginna Nuclear Power Plant;
Notice of Consideration of Approval of Application Regarding Proposed
Merger 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 the Renewed Facility Operating License, which is
numbered DPR-18, for the R.E. Ginna Nuclear Power Plant (Ginna),
currently held by R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC), as
owner and licensed operator.
According to an application for approval filed by Constellation
Generation Group, LLC (CGG), on behalf of Ginna LLC, in connection with
the merger of CGG's parent company, Constellation Energy Group, Inc.
(CEG, Inc.), and FPL Group, Inc. (FPL Group), FPL Group will become a
wholly owned subsidiary of CEG, Inc. At the closing of the merger, the
former shareholders of FPL Group will own approximately 60% of the
outstanding stock of CEG, Inc., and the pre-merger shareholders of CEG,
Inc., will own the remaining approximately 40%. In addition, the CEG,
Inc., board of directors will be composed of fifteen members, nine of
whom will be named by FPL Group, and six of whom will be named by the
current CEG, Inc. Ginna LLC will continue to own and operate the
facility and hold the license.
No physical changes to the 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 a 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
[[Page 9177]]
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).
Requests for a hearing and petitions for leave to intervene should
be served upon Mr. Jay M. Gutierrez at Morgan, Lewis & Bockius, LLP,
1111 Pennsylvania Avenue, Washington, DC 20004, telephone: 202-739-
5466, fax: 202-739-3001, and e-mail jgutierrez@morganlewis.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, in accordance with 10 CFR 2.302
and 2.305.
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 23, 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.
Patrick D. Milano,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 06-1617 Filed 2-21-06; 8:45 am]
BILLING CODE 7590-01-P
