Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing, 9175-9176 [06-1619]
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cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices
action will be publicly available in
ADAMS and on the NRC ‘‘Significant
Enforcement Actions’’ Web site, and the
NRC will issue a press release
announcing this action, as well as the
actions NASA has taken and committed
to take to address the violation. NASA
disagreed that the two violations
described in Item 1 warrant a Severity
Level III characterization. The NRC and
NASA agreed to disagree regarding the
Severity Level III characterization.
7. NASA agreed to issuance of a
Confirmatory Order confirming this
agreement, and also agreed to waive any
request for a hearing regarding this
Confirmatory Order.
In light of the actions NASA has taken
and agreed to take to correct the
violation and prevent recurrence, as set
forth in Section III above, the NRC has
concluded that its concerns regarding
the violation can be resolved through
the NRC’s confirmation of the
commitments as outlined in this
Confirmatory Order.
I find that NASA’s commitments as
set forth in Section III above are
acceptable. However, in view of the
foregoing, I have determined that these
commitments shall be confirmed by this
Confirmatory Order. Based on the above
and NASA’s consent, this Confirmatory
Order is immediately effective upon
issuance.
Accordingly, pursuant to Sections
103, 161b, 161i, 161o, 182, and 186 of
the Atomic Energy Act of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202 and 10 CFR
parts 20 and 30, it is hereby ordered,
that by December 31, 2007:
1. NASA will increase the frequency
of its internal audits of its radiation
safety program from annually to
quarterly, for, at a minimum, through
the end of 2007;
2. NASA will retain an organization
independent of NASA Goddard to
conduct an annual independent review
of the radiation safety program, at a
minimum, for 2006 and 2007;
3. NASA will provide 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 Section 3 of this agreement,
as well as the circumstances that led to
the violations, lessons learned, and the
corrective action taken and planned to
prevent recurrence; and
4. Within 30 days of completion of all
of these actions as set forth in Sections
V.1–3, NASA will send a letter to the
NRC informing the NRC that the actions
are complete.
The Director, Office of Enforcement,
may relax or rescind, in writing, any of
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14:35 Feb 21, 2006
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the above conditions upon a showing by
NASA of good cause.
Any person adversely affected by this
Confirmatory Order, other than NASA,
may request a hearing within 20 days of
its issuance. Where good cause is
shown, consideration will be given to
extending the time to request a hearing.
A request for extension of time must be
made in writing to the Director, Office
of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555,
and must include a statement of good
cause for the extension. Any request for
a hearing shall be submitted to the
Secretary, U.S. Nuclear Regulatory
Commission, ATTN: Chief, Rulemaking
and Adjudications Staff, Washington,
DC 20555. Copies of the hearing request
shall also be sent to the Director, Office
of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to
the Assistant General Counsel for
Materials Litigation and Enforcement, to
the Director of the Division of
Regulatory Improvement Programs at
the same address, and to MSHMC.
Because of continuing disruptions in
delivery of mail to United States
Government offices, it is requested that
answers and requests for hearing be
transmitted to the Secretary of the
Commission either by means of
facsimile transmission to 301–415–1101
or by e-mail to hearingdocket@nrc.gov
and also to the Office of the General
Counsel by means of facsimile
transmission to 301–415–3725 or e-mail
to OGCMailCenter@nrc.gov. If such a
person requests a hearing, that person
shall set forth with particularity the
manner in which his interest is
adversely affected by this Order and
shall address the criteria set forth in 10
CFR 2.714(d).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order shall
be sustained. An answer or a request for
a hearing shall not stay the effectiveness
date of this order.
Dated this 10th day of February 2006.
For the Nuclear Regulatory Commission.
Michael Johnson,
Director, Office of Enforcement.
[FR Doc. 06–1558 Filed 2–21–06; 8:45 am]
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9175
NUCLEAR REGULATORY
COMMISSION
[Dockets No. 50–220 and 50–410]
Nine Mile Point Nuclear Station, LLC;
Nine Mile Point Nuclear Station, Unit
Nos. 1 and 2; 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 Licenses, which are
numbered DPR–63 and NPF–69, for the
Nine Mile Point Nuclear Station, Unit
Nos. 1 and 2 (NMP), currently held by
Nine Mile Point Nuclear Station, LLC
(NMP LLC), as owner and licensed
operator. Long Island Power Authority
holds a 18-percent ownership interest in
NMP Unit No. 2, but is not involved in
this proposed action.
According to an application for
approval filed by Constellation
Generation Group, LLC (CGG), on behalf
of NMP 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. NMP LLC will
continue to own and operate the facility
and hold the licenses to the same extent
now held.
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.
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cprice-sewell on PROD1PC66 with NOTICES
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
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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
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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
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]]>Agencies
[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9175-9176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1619]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Dockets No. 50-220 and 50-410]
Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear
Station, Unit Nos. 1 and 2; 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 Licenses, which are
numbered DPR-63 and NPF-69, for the Nine Mile Point Nuclear Station,
Unit Nos. 1 and 2 (NMP), currently held by Nine Mile Point Nuclear
Station, LLC (NMP LLC), as owner and licensed operator. Long Island
Power Authority holds a 18-percent ownership interest in NMP Unit No.
2, but is not involved in this proposed action.
According to an application for approval filed by Constellation
Generation Group, LLC (CGG), on behalf of NMP 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. NMP LLC will continue to own and operate the facility
and hold the licenses to the same extent now held.
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.
[[Page 9176]]
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 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
