Carolina Power & Light Company; Notice of Partial Withdrawal of Application for Amendment to Facility Operating License, 45583-45584 [E6-12913]

Download as PDF Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–317, 50–318, and 72–8; Renewed License Nos. DPR–53 and DPR– 69, and Materials License No. SNM–2505] In the Matter of Calvert Cliffs Nuclear Power Plant, Inc. (Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, and Calvert Cliffs Independent Spent Fuel Storage Installation); Order Approving Application Regarding Proposed Corporate Merger I. Calvert Cliffs Nuclear Power Plant, Inc. (CCNPP Inc. or the licensee) is the holder of Renewed Facility Operating Licenses Nos. DPR–53 and DPR–69, which authorize the possession, use, and operation of the Calvert Cliffs Nuclear Power Plant (the facility or CCNPP), and Materials License No. SNM–2505, which authorizes the possession, use, and operation of the Calvert Cliffs Independent Spent Fuel Storage Installation (CCISFSI). CCNPP Inc. is licensed by the U.S. Nuclear Regulatory Commission (NRC or Commission) to operate CCNPP and CCISFSI. The facility is located at the licensee’s site in Calvert County, Maryland. jlentini on PROD1PC65 with NOTICES II. By application dated January 23, 2006, as supplemented by letters dated April 25 and May 25, 2006 (collectively referred to herein as the application), Constellation Generation Group, LLC (CGG LLC), acting on behalf of CCNPP Inc., requested that the NRC, pursuant to 10 CFR 50.80 and 10 CFR 72.50, consent to the proposed indirect transfer of control of the licenses. According to the application filed by CGG LLC, on behalf of CCNPP Inc., CCNPP and CCISFSI are wholly owned by CCNPP Inc. CCNPP Inc. is wholly owned by Constellation Nuclear Power Plants, Inc. As stated in the application, in connection with the merger of CGG LLC’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 VerDate Aug<31>2005 19:05 Aug 08, 2006 Jkt 208001 current CEG, Inc. CCNPP Inc. will continue to own and operate the facility and the ISFSI and hold the licenses. Approval of the indirect transfer of the facility operating licenses and material license was requested by CGG LLC pursuant to 10 CFR 50.80 and 10 CFR 72.50. Notice of the request for approval and an opportunity for a hearing was published in the Federal Register on February 22, 2006 (71 FR 9168). Comments and a petition to intervene were received from the Maryland Office of the People’s Counsel. However, the petition to intervene was dismissed by the Secretary of the Commission by order dated March 17, 2006. Under 10 CFR 50.80 and 10 CFR 72.50, 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. Upon review of the information in the application by CGG LLC and other information before the Commission, the NRC staff concludes that the proposed merger and resulting indirect transfer of control of the licenses will not affect the qualifications of CCNPP Inc. as a holder of the CCNPP and CCISFSI licenses, and that the indirect transfer of control of the licenses as held by CCNPP Inc., is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The findings set forth above are supported by a safety evaluation dated August 3, 2006. III. Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 50.80 and 10 CFR 72.50, it is hereby ordered that the application regarding the proposed merger and indirect license transfer is approved, subject to the following condition: Should the proposed merger not be completed within one year from the date of issuance, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may in writing be extended. This Order is effective upon issuance. For further details with respect to this Order, see the initial application dated January 23, 2006, as supplemented by letters dated April 25 and May 25, 2006, and the safety evaluation dated August 3, 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 45583 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 3rd day of August 2006. For the Nuclear Regulatory Commission. Catherine Haney, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6–12924 Filed 8–8–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–400] Carolina Power & Light Company; Notice of Partial Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of Carolina Power & Light Company (the licensee) to partially withdraw its August 18, 2005, application for proposed amendment to Facility Operating License No. NPF–63 for Shearon Harris Nuclear Power Plant, Unit No. 1 (HNP), located in Wake and Chatham Counties, North Carolina. The proposed amendment would have allowed the use of fire-resistive electrical cable at HNP for protection of safe shutdown electrical cables. On May 1, 2006, the NRC staff issued Amendment No. 123 to the HNP Facility Operating License authorizing the use of fire-resistive electrical cable for the specific application of the volume control tank outlet valves, 1CS–165 and 1CS–166, in certain fire areas. In addition, the NRC staff stated that it would continue to review the proposed changes in the final safety analysis report to reflect the use of the fireresistive electrical cable in other applications. The licensee requested to discontinue the review of the proposed changes to reflect the use of the fireresistive electrical cable in other applications. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in E:\FR\FM\09AUN1.SGM 09AUN1 45584 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices the Federal Register on November 8, 2005 (70 FR 67745). However, by letter dated June 5, 2006, the licensee partially withdrew the proposed change. For further details with respect to this action, see the application for amendment dated August 18, 2005, as supplemented by letter dated February 15, 2006, and the licensee’s letter dated June 5, 2006, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC’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 Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/readingrm.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 31st day of July, 2006. For the Nuclear Regulatory Commission. L. Raghavan, Chief, Plant Licensing Branch II–2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6–12913 Filed 8–8–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–220 and 50–410; License Nos. DPR–63 and NPF–69] In the Matter of Nine Mile Point Nuclear Station, LLC (Nine Mile Point Nuclear Station, Units Nos. 1 and 2); Order Approving Application Regarding Proposed Corporate Merger jlentini on PROD1PC65 with NOTICES I. Nine Mile Point Nuclear Station, LLC (NMP LLC or the licensee) holds Facility Operating License No. DPR–63 and co-holds Facility Operating License No. NPF–69, which authorize the possession, use, and operation of the Nine Mile Point Nuclear Station (the facility or NMP). NMP LLC is licensed by the U.S. Nuclear Regulatory Commission (NRC or Commission) to operate NMP. The facility is located at the licensee’s site in Oswego County, New York. VerDate Aug<31>2005 19:05 Aug 08, 2006 Jkt 208001 II. By application dated January 23, 2006, as supplemented by letters dated April 25 and May 25, 2006 (collectively referred to herein as the application), Constellation Generation Group, LLC (CGG LLC), acting on behalf of NMP LLC, requested that the NRC, pursuant to 10 CFR 50.80, consent to the proposed indirect transfer of control of the licenses to the extent currently held by NMP LLC. Long Island Power Authority holds a 18-percent ownership interest in NMP Unit 2, but is not involved in this action. According to the application filed by CGG LLC, NMP Unit 1 is wholly owned by NMP LLC, and NMP Unit 2 is 82% owned by NMP LLC. NMP LLC is wholly owned by Constellation Nuclear Power Plants, Inc., which is whollyowned by CGG LLC. As stated in the application, in connection with the merger of CGG LLC’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 its current interests in and operate the facility and hold the licenses. Approval of the indirect transfer of the facility operating licenses was requested by CGG LLC pursuant to 10 CFR 50.80. Notice of the request for approval and an opportunity for a hearing was published in the Federal Register on February 22, 2006 (71 FR 9175). Comments and a petition to intervene were received from the Maryland Office of the People’s Counsel. However, the petition to intervene was dismissed by the Secretary of the Commission by order dated March 17, 2006. 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. Upon review of the information in the application by CGG LLC and other information before the Commission, the NRC staff concludes that the proposed merger and resulting indirect transfer of control of PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 the licenses will not affect the qualifications of NMP LLC as holder of the NMP licenses, and that the indirect transfer of control of the licenses as held by NMP LLC, is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The findings set forth above are supported by a safety evaluation dated August 3, 2006. III. Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 2201(i), and 2234; and 10 CFR 50.80, it is hereby ordered that the application regarding the proposed merger and indirect license transfers is approved, subject to the following condition: Should the proposed merger not be completed within one year from the date of issuance, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may in writing be extended. This Order is effective upon issuance. For further details with respect to this Order, see the initial application dated January 23, 2006, as supplemented by letter dated April 25 and May 25, 2006, and the safety evaluation dated August 3, 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 3rd day of August 2006. For the Nuclear Regulatory Commission. Catherine Haney, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6–12923 Filed 8–8–06; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Pages 45583-45584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12913]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400]


Carolina Power & Light Company; Notice of Partial Withdrawal of 
Application for Amendment to Facility Operating License

    The U.S. Nuclear Regulatory Commission (the Commission) has granted 
the request of Carolina Power & Light Company (the licensee) to 
partially withdraw its August 18, 2005, application for proposed 
amendment to Facility Operating License No. NPF-63 for Shearon Harris 
Nuclear Power Plant, Unit No. 1 (HNP), located in Wake and Chatham 
Counties, North Carolina.
    The proposed amendment would have allowed the use of fire-resistive 
electrical cable at HNP for protection of safe shutdown electrical 
cables. On May 1, 2006, the NRC staff issued Amendment No. 123 to the 
HNP Facility Operating License authorizing the use of fire-resistive 
electrical cable for the specific application of the volume control 
tank outlet valves, 1CS-165 and 1CS-166, in certain fire areas. In 
addition, the NRC staff stated that it would continue to review the 
proposed changes in the final safety analysis report to reflect the use 
of the fire-resistive electrical cable in other applications. The 
licensee requested to discontinue the review of the proposed changes to 
reflect the use of the fire-resistive electrical cable in other 
applications.
    The Commission had previously issued a Notice of Consideration of 
Issuance of Amendment published in

[[Page 45584]]

the Federal Register on November 8, 2005 (70 FR 67745). However, by 
letter dated June 5, 2006, the licensee partially withdrew the proposed 
change.
    For further details with respect to this action, see the 
application for amendment dated August 18, 2005, as supplemented by 
letter dated February 15, 2006, and the licensee's letter dated June 5, 
2006, which withdrew the application for license amendment. Documents 
may be examined, and/or copied for a fee, at the NRC'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 Systems (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm.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 31st day of July, 2006.

    For the Nuclear Regulatory Commission.
L. Raghavan,
Chief, Plant Licensing Branch II-2, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-12913 Filed 8-8-06; 8:45 am]
BILLING CODE 7590-01-P
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