Consumers Energy Company Big Rock Point Plant; Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment and Opportunity for a Hearing, 4302-4303 [E7-1418]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4302-4303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1418]


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NUCLEAR REGULATORY COMMISSION

[Dockets No. 50-155 and 72-043]


Consumers Energy Company Big Rock Point Plant; Notice of 
Consideration of Approval of Transfer of Facility Operating License and 
Conforming Amendment 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 and 10 CFR 
72.50 approving the transfer of Facility Operating License No. DPR-6 
for Big Rock Point (BRP) Plant and Independent Spent Fuel Storage 
Installation (ISFSI) License No. SFGL-16 for BRP currently held by 
Consumers Energy Company (Consumers). The transfer would be to Entergy 
Nuclear Palisades, LLC (Entergy Nuclear Palisades) to possess and own, 
and Entergy Nuclear Operations, Inc. (ENO), to control and operate, the 
ISFSI. The Commission is also considering amending the licenses for 
administrative purposes to reflect the proposed transfer.
    According to an application for approval filed by Consumers, 
Entergy Nuclear Palisades, and ENO, Entergy Nuclear Palisades would 
acquire ownership of the facility following approval of the proposed 
license transfer, and ENO would control and operate ISFSI. No physical 
change to the BRP facility or operational changes are being proposed in 
the application.
    The proposed amendment would replace references to Consumers in the 
license with references to Entergy Nuclear Palisades and ENO to reflect 
the proposed transfer.
    Pursuant to 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 any license unless the Commission shall give its 
consent in writing. The Commission will approve an application for the 
transfer of a license, if the Commission determines that the proposed 
transferee is qualified 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.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
or to the license of an ISFSI which does no more than conform the 
license to reflect the transfer action involves no significant hazards 
consideration and no genuine issue as to whether the health and safety 
of the public will be significantly affected. No contrary determination 
has been made with respect to this specific license amendment 
application. In light of the generic determination reflected in 10 CFR 
2.1315, no public comments with respect to significant hazards 
considerations are being solicited, notwithstanding the general comment 
procedures contained in 10 CFR 50.91.

[[Page 4303]]

    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 Douglas E. Levanway, Wise, Carter, Child, and Caraway, 
P.O. Box 651, Jackson, MS 39205, 601-968-5524, Facsimile: 601-968-5593, 
E-mail: DEL@wisecarter.com, and Sam Behrends, LeBoeuf, Lamb, Greene & 
MacRae, 1875 Connecticut Ave., NW, Suite 1200, Washington, DC 20009, 
202-986-8108, Facsimile: 202-986-8102, E-mail: Sbehrend@llgm.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 FR Notice.
    For further details with respect to this action, see the 
application dated October 31, 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, 301-415-4737 or by e-mail to 
pdr@nrc.gov.

    Dated at Rockville, Maryland this 18th day of January 2007.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing 
Directorate, Division of Waste Management, and Environmental 
Protection, Office of Federal and State Materials, and Environmental 
Management Programs.
[FR Doc. E7-1418 Filed 1-29-07; 8:45 am]
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