FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear Generation Corp. (Davis-Besse Nuclear Power Station, Unit No. 1); Order Approving Application Regarding Proposed Corporate Restructuring, 802 [E7-3]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 4 (Monday, January 8, 2007)]
[Notices]
[Page 802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3]



[[Page 802]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346; License No. NPF-3]


FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear 
Generation Corp. (Davis-Besse Nuclear Power Station, Unit No. 1); Order 
Approving Application Regarding Proposed Corporate Restructuring

I

    FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy 
Nuclear Generation Corp. (FENGenCo) are the holders of Facility 
Operating License NPF-3, which authorizes the possession, use, and 
operation of Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-
Besse). The facility is located in Ottawa County, Ohio.

II

    By letter dated June 6, 2006, as supplemented by letters dated June 
9 and August 15, 2006, FENOC, the licensed operator of Davis-Besse, 
acting on behalf of FENGenCo and FirstEnergy Solutions Corp. (FE 
Solutions), submitted an application to the U.S. Nuclear Regulatory 
Commission (NRC or Commission) requesting, pursuant to Section 50.80 of 
Title 10 of the Code of Federal Regulations (10 CFR), approval of the 
indirect transfer of control of FENGenCo's license to own 100 percent 
of Davis-Besse. FE Solutions and FENGenCo are both currently wholly 
owned direct subsidiaries of FirstEnergy Corp. (FirstEnergy). This 
action is being sought as a result of a planned corporate restructuring 
which would make FENGenCo: (1) A wholly owned direct subsidiary of FE 
Solutions; and (2) a wholly owned second-tier subsidiary of 
FirstEnergy. The proposed corporate restructuring involves no changes 
to the facility license. Accordingly, no license amendments are 
requested in the application.
    A ``Notice of Consideration of Approval of Application Regarding 
Proposed Corporate Restructuring, and Opportunity for a Hearing,'' was 
published in the Federal Register on July 12, 2006 (71 FR 39370). No 
comments or hearing requests were received.
    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 submitted by FENOC and 
other information before the Commission, the NRC staff has determined 
that the subject corporate restructuring will not affect the 
qualifications of FENGenCo to hold the license to the same extent now 
held by FENGenCo, and that the indirect transfer of the license as held 
by FENGenCo effected by the corporate restructuring is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto, subject to the condition 
discussed herein.
    The findings set forth above are supported by a safety evaluation 
dated December 28, 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. Sec. Sec.  2201(b), 
2201(i), and 2234; and 10 CFR 50.80, It is hereby ordered that the 
application regarding the proposed corporate restructuring and indirect 
license transfer is approved, subject to the following condition:

    Should the proposed corporate restructuring not be completed by 
December 28, 2007, this Order shall become null and void, provided, 
however, upon written application and good cause shown, such date 
may be extended by order.

    This Order is effective upon issuance.
    For further details with respect to this Order, see the application 
dated June 6, 2006, as supplemented by letters dated June 9 and August 
15, 2006, and the safety evaluation dated December 28, 2006, which are 
available for public inspection in 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: December 28, 2006.

    For the Nuclear Regulatory Commission.
John W. Lubinski,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
 [FR Doc. E7-3 Filed 1-5-07; 8:45 am]
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