Firstenergy Nuclear Operating Company, Firstenergy Nuclear Generation Corp., Davis-Besse Nuclear Power Station, Unit 1; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring, and Opportunity for a Hearing, 39370 [E6-10905]
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39370
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–346]
sroberts on PROD1PC70 with NOTICES
Firstenergy Nuclear Operating
Company, Firstenergy Nuclear
Generation Corp., Davis-Besse Nuclear
Power Station, Unit 1; Notice of
Consideration of Approval of
Application Regarding Proposed
Corporate Restructuring, 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 Facility
Operating License, No. NPF–3, for the
Davis-Besse Nuclear Power Station, Unit
1 (DBNPS) to the extent currently held
by FirstEnergy Nuclear Generation Corp.
(FENGenCo), regarding its ownership of
the facility.
According to an application for
approval filed by FirstEnergy Nuclear
Operating Company (FENOC), the
licensed operator of DBNPS, acting on
behalf of FENGenCo and FirstEnergy
Solutions Corp. (FE Solutions), a
corporate restructuring is planned such
that FE Solutions will become the new
direct corporate parent of FENGenCo.
FE Solutions is currently a whollyowned subsidiary of FirstEnergy Corp.,
as is FENGenCo. After the corporate
restructuring, FE Solutions will
continue to be a wholly-owned
subsidiary of FirstEnergy Corp., while
FENGenCo will be an indirect whollyowned subsidiary of FirstEnergy Corp.
and direct wholly-owned subsidiary of
FE Solutions.
No physical changes to the DBNPS
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 corporate
restructuring 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.
VerDate Aug<31>2005
18:23 Jul 11, 2006
Jkt 208001
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 Mr. David W. Jenkins, Esq.,
address: 76 South Main Street, Mail
Stop A–GO–18, Akron, OH 44308,
telephone: 330–384–5037, and e-mail:
djenkins@firstenergycorp.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
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
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 June 6,
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’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, or 301–415–4737 or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland this 3rd day
of July 2006.
For the Nuclear Regulatory Commission.
Stephen J. Campbell,
Project Manager, Plant Licensing Branch III–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–10905 Filed 7–11–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–440]
Firstenergy Nuclear Operating
Company, FirstEnergy Nuclear
Generation Corp., Perry Nuclear Power
Plant, Unit 1; Notice of Consideration
of Approval of Application Regarding
Proposed Corporate Restructuring,
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 Facility
Operating License No. NPF–58 for the
Perry Nuclear Power Plant, Unit 1
(PNPP) currently held by FirstEnergy
Nuclear Generation Corp. (FENGenCo),
regarding its ownership interests in
PNPP.
According to an application for
approval filed by FirstEnergy Nuclear
Operating Company (FENOC), the
licensed operator of PNPP, acting on
behalf of FENGenCo and FirstEnergy
Solutions Corp. (FE Solutions), a
E:\FR\FM\12JYN1.SGM
12JYN1
]]>Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Page 39370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10905]
[[Page 39370]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346]
Firstenergy Nuclear Operating Company, Firstenergy Nuclear
Generation Corp., Davis-Besse Nuclear Power Station, Unit 1; Notice of
Consideration of Approval of Application Regarding Proposed Corporate
Restructuring, 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 Facility Operating License, No. NPF-3, for the
Davis-Besse Nuclear Power Station, Unit 1 (DBNPS) to the extent
currently held by FirstEnergy Nuclear Generation Corp. (FENGenCo),
regarding its ownership of the facility.
According to an application for approval filed by FirstEnergy
Nuclear Operating Company (FENOC), the licensed operator of DBNPS,
acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE
Solutions), a corporate restructuring is planned such that FE Solutions
will become the new direct corporate parent of FENGenCo. FE Solutions
is currently a wholly-owned subsidiary of FirstEnergy Corp., as is
FENGenCo. After the corporate restructuring, FE Solutions will continue
to be a wholly-owned subsidiary of FirstEnergy Corp., while FENGenCo
will be an indirect wholly-owned subsidiary of FirstEnergy Corp. and
direct wholly-owned subsidiary of FE Solutions.
No physical changes to the DBNPS 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
corporate restructuring 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)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon Mr. David W. Jenkins, Esq., address: 76 South Main
Street, Mail Stop A-GO-18, Akron, OH 44308, telephone: 330-384-5037,
and e-mail: djenkins@firstenergycorp.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 June 6, 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'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, or 301-415-4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland this 3rd day of July 2006.
For the Nuclear Regulatory Commission.
Stephen J. Campbell,
Project Manager, Plant Licensing Branch III-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-10905 Filed 7-11-06; 8:45 am]
BILLING CODE 7590-01-P
