In the Matter of Wisconsin Electric Power Company and Nuclear Management Company, LLC, (Point Beach Nuclear Plant); Order Approving Transfer of Licenses and Conforming Amendments, 43669-43670 [E7-15192]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices
submit a request, in writing, to the NRC
Document Control Desk, with a copy to
the Director, Office of Nuclear Reactor
Regulation, to relax or rescind any of the
above requirements upon a showing of
good cause by the Licensee.
[FR Doc. E7–15191 Filed 8–3–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–266, 50–301 Renewed
License Nos. DPR–24 and DPR–27]
In the Matter of Wisconsin Electric
Power Company and Nuclear
Management Company, LLC, (Point
Beach Nuclear Plant); Order Approving
Transfer of Licenses and Conforming
Amendments
I.
sroberts on PROD1PC70 with NOTICES
Wisconsin Electric Power Company
(WEPCO) and Nuclear Management
Company, LLC (NMC) are holders of the
Renewed Facility Operating Licenses
(FOLs), Nos. DPR–24 and DPR–27,
which authorize the possession, use and
operation of Point Beach Nuclear Plant,
Units 1 and 2 (Point Beach or facility).
NMC is licensed by the U.S. Nuclear
Regulatory Commission (NRC, the
Commission) to operate Point Beach.
WEPCO is licensed to possess Point
Beach with respect to WEPCO’s
ownership of the facility. Point Beach is
located near Two Rivers, Wisconsin.
II.
By letter dated January 26, 2007, as
supplemented by letter dated July 11,
2007, NMC, WEPCO and FPL Energy
Point Beach, LLC, (FPLE Point Beach)
submitted an application requesting
approval of the direct license transfers
that would be necessary in connection
with WEPCO’s proposed sale and
transfer to FPLE Point Beach of its 100
percent ownership interest in Point
Beach. The application also requested
the approval of the transfer of NMC’s
operating authority to FPLE Point
Beach. Transfer of the licenses will
authorize FPLE Point Beach, pursuant to
the general license in Section 72.210 of
Title 10 of the Code of Federal
Regulations (10 CFR), to store spent fuel
in the Independent Spent Fuel Storage
Installation (ISFSI) at Point Beach.
As a potential interim step towards
the sale of Point Beach, WEPCO and
FPLE Point Beach have signed an
Interim Operating Agreement that
would permit WEPCO, at its option, and
upon receipt of applicable regulatory
approvals, to transfer NMC’s operating
authority to FPLE Point Beach prior to
VerDate Aug<31>2005
19:38 Aug 03, 2007
Jkt 211001
the closing of the ownership sale of
Point Beach. This interim transfer of the
operating authority from NMC to FPLE
Point Beach would not change the
financial responsibilities or
qualifications or the decommissioning
funding status of WEPCO as the 100
percent owner of Point Beach.
WEPCO, NMC and FPLE Point Beach
requested approval of (1) conforming
license amendments that would reflect
the proposed transfer of ownership of
and operating authority for Point Beach
to FPLE Point Beach; and (2) the option
of transferring operating authority as an
interim step to FPLE Point Beach. The
amendments for transferring ownership
and operating authority would include
the following: (1) The deletion of the
references to WEPCO and NMC as
owner and operator of Point Beach,
respectively, and (2) the authorization of
FPLE Point Beach to possess, use, and
operate Point Beach under essentially
the same conditions and authorization
included in the existing licenses. Two
footnotes containing historical
references to the former licensees also
will be deleted. The applicants did not
propose any physical or operational
changes to the facility. After completion
of the proposed transfers, FPLE Point
Beach would be the owner and the
operator of Point Beach. The
amendments for transferring operational
authority as an interim step would
include the following: (1) The deletion
of the references to NMC as operator of
Point Beach, and replacement with
references to FPLE Point Beach, and (2)
the authorization of FPLE Point Beach
to operate Point Beach under essentially
the same conditions and authorization
included in the existing licenses. After
completion of the proposed transfers,
FPLE Point Beach would be the operator
of Point Beach.
The applicants requested approval of
the transfer of the renewed FOLs and
conforming license amendments
pursuant to 10 CFR 50.80 and 50.90.
Notice of the request for approval and
opportunity for a hearing were
published in the Federal Register on
February 28, 2007 (72 FR 9035). No
comments were received. No requests
for hearing or petitions for leave to
intervene were received.
Pursuant to 10 CFR 50.80, no license
for a production or utilization facility,
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
and other information before the
Commission, and relying upon the
representations and agreements
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
43669
contained in the application, the NRC
staff has determined that FPLE Point
Beach is qualified to hold the licenses
for Point Beach to the extent now held
by WEPCO regarding its ownership
interest, and is qualified to hold the
operating authority under the licenses
now held by NMC, and the transfer of
the licenses as proposed in the
application is otherwise consistent with
applicable provisions of law,
regulations, and orders issued by the
Commission, subject to the conditions
set forth below. The NRC staff has also
found that the application for the
proposed license amendments complies
with the standards and requirements of
the Atomic Energy Act of 1954, as
amended (the Act), and the
Commission’s rules and regulations set
forth in 10 CFR Chapter I; the facility
will operate in conformity with the
application, the provisions of the Act,
and the rules and regulations of the
Commission; there is reasonable
assurance that the activities authorized
by the proposed license amendments
can be conducted without endangering
the health and safety of the public and
that such activities will be conducted in
compliance with the Commission’s
regulations; the issuance of the
proposed license amendments will not
be inimical to the common defense and
security or to the health and safety of
the public; and issuance of the proposed
amendments will be in accordance with
10 CFR Part 51 of the Commission’s
regulations and all applicable
requirements have been satisfied.
The findings set forth above are
supported by an NRC safety evaluation
dated July 31, 2007.
III.
Accordingly, pursuant to Sections
161b, 161i, 161o and 184 of the Act, 42
U.S.C. Sections 2201(b), 2201(i), 2201(o)
and 2234; and 10 CFR 50.80, It is hereby
ordered that the transfer of the licenses,
as described herein, to FPLE Point
Beach is approved, subject to the
following conditions:
(1) At the time of the closing of the
transfer of the licenses from Wisconsin
Electric Power Company (WEPCO) to
FPLE Point Beach, WEPCO shall
transfer to FPLE Point Beach WEPCO’s
decommissioning funds in an aggregate
minimum value of $200.8 million for
Point Beach, Unit 1 and $189.2 million
for Point Beach, Unit 2. FPLE Point
Beach shall deposit such funds in an
external decommissioning trust fund
established by FPLE Point Beach for
Point Beach Units 1 and 2. The trust
agreement shall be in a form acceptable
to the NRC.
E:\FR\FM\06AUN1.SGM
06AUN1
sroberts on PROD1PC70 with NOTICES
43670
Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices
(2) FPLE Point Beach shall take no
actions to cause FPLE Group Capital, or
its successors and assigns, to void,
cancel, or modify its $70 million
Support Agreement (Agreement) to
FPLE Point Beach, as presented in the
application, or cause it to fail to perform
or impair its performance under the
Agreement, without prior written
consent from the NRC. The Agreement
may not be amended or modified
without 30 days prior written notice to
the Director of the Office of Nuclear
Reactor Regulation or his designee. An
executed copy of the Agreement shall be
submitted to the NRC no later than 30
days after the completion of the license
transfers. Also, FPLE Point Beach shall
inform the NRC in writing anytime it
draws upon the $70 million Agreement.
(3) Prior to completion of the transfer
of any authority under the licenses,
FPLE Point Beach shall provide the
Director of the Office of Nuclear Reactor
Regulation satisfactory documentary
evidence that it has obtained the
appropriate amount of insurance
required of a licensee under 10 CFR Part
140 of the Commission’s regulations.
It is further ordered that FPLE Point
Beach shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing if it wishes to exercise the
option to transfer the operating
authority prior to closing of the sale no
later than 5 business days prior to the
desired date for transfer of operational
authority. Should FPLE Point Beach not
request to exercise the option to transfer
operational authority prior to closing of
the sale, then the associated
amendments to transfer operational
authority will be null and void and only
the amendments reflecting transfer of
both ownership and operating authority
will remain approved.
It is further ordered that FPLE Point
Beach shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing of the date of the closing of the
sale no later than 5 business days prior
to the closing of the sale and transfer of
licenses. Should the transfer of the
licenses not be completed by July 31,
2008, this Order shall become null and
void, provided however, that upon
written application and for good cause
shown, such date may be extended by
order.
It is further ordered that, consistent
with 10 CFR 2.1315(b), the license
amendments, indicated in Enclosures 2
or 3 to the cover letter forwarding this
Order, that make the applicable changes
to conform the licenses to reflect the
subject license transfers are approved.
The applicable amendments for transfer
of ownership and operational authority
shall be issued and made effective at the
VerDate Aug<31>2005
19:38 Aug 03, 2007
Jkt 211001
time such proposed license transfers are
completed in full. The applicable
amendments for the option of first
transferring operational authority shall
be issued and made effective at the time
such transfer closes.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
January 26, 2007, as supplemented by
letter dated July 11, 2007, and the nonproprietary safety evaluation dated July
31, 2007, which is 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 31st day
of July 2007.
For the Nuclear Regulatory Commission.
J. E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–15192 Filed 8–3–07; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request; Extension: Rule 13e–3
(Schedule 13E–3); OMB Control No.
3235–0007; SEC File No. 270–1
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 13e–3 and Schedule 13E–3 (17
CFR 240.13e–3 and 240.13e–100)—Rule
13e–3 prescribes the filing, disclosure
and dissemination requirements in
connection with a going private
transaction by an issuer or an affiliate.
Schedule 13E–3 provides shareholders
and the marketplace with information
concerning going private transactions
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
that is important in determining how to
respond to such transactions. The
information collected permits
verification of compliance with
securities laws requirements and
ensures the public availability and
dissemination of the collected
information. We estimate that Schedule
13E–3 is filed by approximately 600
issuers annually and it takes
approximately 137.25 hours per
response. We estimate that 25% of the
137.25 hours per response is prepared
by the filer for a total annual reporting
burden of 20,588 hours.
Written comments are invited on: (a)
Whether these collections of
information are necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to R. Corey Booth, Director/Chief
Information Officer, Securities and
Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way,
Alexandria, VA 22312; or send an email to: PRA_Mailbox@sec.gov.
Dated: July 30, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–15181 Filed 8–3–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
27918; 812–13251]
AARP Funds, et al.; Notice of
Application
July 31, 2007.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of application for an
order under section 6(c) of the
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from section
15(a) of the Act and rule 18f–2 under
the Act.
AGENCY:
Summary of Application: Applicants
request an order that would permit them
E:\FR\FM\06AUN1.SGM
06AUN1
]]>Agencies
[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43669-43670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15192]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266, 50-301 Renewed License Nos. DPR-24 and DPR-27]
In the Matter of Wisconsin Electric Power Company and Nuclear
Management Company, LLC, (Point Beach Nuclear Plant); Order Approving
Transfer of Licenses and Conforming Amendments
I.
Wisconsin Electric Power Company (WEPCO) and Nuclear Management
Company, LLC (NMC) are holders of the Renewed Facility Operating
Licenses (FOLs), Nos. DPR-24 and DPR-27, which authorize the
possession, use and operation of Point Beach Nuclear Plant, Units 1 and
2 (Point Beach or facility). NMC is licensed by the U.S. Nuclear
Regulatory Commission (NRC, the Commission) to operate Point Beach.
WEPCO is licensed to possess Point Beach with respect to WEPCO's
ownership of the facility. Point Beach is located near Two Rivers,
Wisconsin.
II.
By letter dated January 26, 2007, as supplemented by letter dated
July 11, 2007, NMC, WEPCO and FPL Energy Point Beach, LLC, (FPLE Point
Beach) submitted an application requesting approval of the direct
license transfers that would be necessary in connection with WEPCO's
proposed sale and transfer to FPLE Point Beach of its 100 percent
ownership interest in Point Beach. The application also requested the
approval of the transfer of NMC's operating authority to FPLE Point
Beach. Transfer of the licenses will authorize FPLE Point Beach,
pursuant to the general license in Section 72.210 of Title 10 of the
Code of Federal Regulations (10 CFR), to store spent fuel in the
Independent Spent Fuel Storage Installation (ISFSI) at Point Beach.
As a potential interim step towards the sale of Point Beach, WEPCO
and FPLE Point Beach have signed an Interim Operating Agreement that
would permit WEPCO, at its option, and upon receipt of applicable
regulatory approvals, to transfer NMC's operating authority to FPLE
Point Beach prior to the closing of the ownership sale of Point Beach.
This interim transfer of the operating authority from NMC to FPLE Point
Beach would not change the financial responsibilities or qualifications
or the decommissioning funding status of WEPCO as the 100 percent owner
of Point Beach.
WEPCO, NMC and FPLE Point Beach requested approval of (1)
conforming license amendments that would reflect the proposed transfer
of ownership of and operating authority for Point Beach to FPLE Point
Beach; and (2) the option of transferring operating authority as an
interim step to FPLE Point Beach. The amendments for transferring
ownership and operating authority would include the following: (1) The
deletion of the references to WEPCO and NMC as owner and operator of
Point Beach, respectively, and (2) the authorization of FPLE Point
Beach to possess, use, and operate Point Beach under essentially the
same conditions and authorization included in the existing licenses.
Two footnotes containing historical references to the former licensees
also will be deleted. The applicants did not propose any physical or
operational changes to the facility. After completion of the proposed
transfers, FPLE Point Beach would be the owner and the operator of
Point Beach. The amendments for transferring operational authority as
an interim step would include the following: (1) The deletion of the
references to NMC as operator of Point Beach, and replacement with
references to FPLE Point Beach, and (2) the authorization of FPLE Point
Beach to operate Point Beach under essentially the same conditions and
authorization included in the existing licenses. After completion of
the proposed transfers, FPLE Point Beach would be the operator of Point
Beach.
The applicants requested approval of the transfer of the renewed
FOLs and conforming license amendments pursuant to 10 CFR 50.80 and
50.90. Notice of the request for approval and opportunity for a hearing
were published in the Federal Register on February 28, 2007 (72 FR
9035). No comments were received. No requests for hearing or petitions
for leave to intervene were received.
Pursuant to 10 CFR 50.80, no license for a production or
utilization facility, 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 and other information before the
Commission, and relying upon the representations and agreements
contained in the application, the NRC staff has determined that FPLE
Point Beach is qualified to hold the licenses for Point Beach to the
extent now held by WEPCO regarding its ownership interest, and is
qualified to hold the operating authority under the licenses now held
by NMC, and the transfer of the licenses as proposed in the application
is otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission, subject to the conditions set
forth below. The NRC staff has also found that the application for the
proposed license amendments complies with the standards and
requirements of the Atomic Energy Act of 1954, as amended (the Act),
and the Commission's rules and regulations set forth in 10 CFR Chapter
I; the facility will operate in conformity with the application, the
provisions of the Act, and the rules and regulations of the Commission;
there is reasonable assurance that the activities authorized by the
proposed license amendments can be conducted without endangering the
health and safety of the public and that such activities will be
conducted in compliance with the Commission's regulations; the issuance
of the proposed license amendments will not be inimical to the common
defense and security or to the health and safety of the public; and
issuance of the proposed amendments will be in accordance with 10 CFR
Part 51 of the Commission's regulations and all applicable requirements
have been satisfied.
The findings set forth above are supported by an NRC safety
evaluation dated July 31, 2007.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o and 184 of the
Act, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o) and 2234; and 10 CFR
50.80, It is hereby ordered that the transfer of the licenses, as
described herein, to FPLE Point Beach is approved, subject to the
following conditions:
(1) At the time of the closing of the transfer of the licenses from
Wisconsin Electric Power Company (WEPCO) to FPLE Point Beach, WEPCO
shall transfer to FPLE Point Beach WEPCO's decommissioning funds in an
aggregate minimum value of $200.8 million for Point Beach, Unit 1 and
$189.2 million for Point Beach, Unit 2. FPLE Point Beach shall deposit
such funds in an external decommissioning trust fund established by
FPLE Point Beach for Point Beach Units 1 and 2. The trust agreement
shall be in a form acceptable to the NRC.
[[Page 43670]]
(2) FPLE Point Beach shall take no actions to cause FPLE Group
Capital, or its successors and assigns, to void, cancel, or modify its
$70 million Support Agreement (Agreement) to FPLE Point Beach, as
presented in the application, or cause it to fail to perform or impair
its performance under the Agreement, without prior written consent from
the NRC. The Agreement may not be amended or modified without 30 days
prior written notice to the Director of the Office of Nuclear Reactor
Regulation or his designee. An executed copy of the Agreement shall be
submitted to the NRC no later than 30 days after the completion of the
license transfers. Also, FPLE Point Beach shall inform the NRC in
writing anytime it draws upon the $70 million Agreement.
(3) Prior to completion of the transfer of any authority under the
licenses, FPLE Point Beach shall provide the Director of the Office of
Nuclear Reactor Regulation satisfactory documentary evidence that it
has obtained the appropriate amount of insurance required of a licensee
under 10 CFR Part 140 of the Commission's regulations.
It is further ordered that FPLE Point Beach shall inform the
Director of the Office of Nuclear Reactor Regulation in writing if it
wishes to exercise the option to transfer the operating authority prior
to closing of the sale no later than 5 business days prior to the
desired date for transfer of operational authority. Should FPLE Point
Beach not request to exercise the option to transfer operational
authority prior to closing of the sale, then the associated amendments
to transfer operational authority will be null and void and only the
amendments reflecting transfer of both ownership and operating
authority will remain approved.
It is further ordered that FPLE Point Beach shall inform the
Director of the Office of Nuclear Reactor Regulation in writing of the
date of the closing of the sale no later than 5 business days prior to
the closing of the sale and transfer of licenses. Should the transfer
of the licenses not be completed by July 31, 2008, this Order shall
become null and void, provided however, that upon written application
and for good cause shown, such date may be extended by order.
It is further ordered that, consistent with 10 CFR 2.1315(b), the
license amendments, indicated in Enclosures 2 or 3 to the cover letter
forwarding this Order, that make the applicable changes to conform the
licenses to reflect the subject license transfers are approved. The
applicable amendments for transfer of ownership and operational
authority shall be issued and made effective at the time such proposed
license transfers are completed in full. The applicable amendments for
the option of first transferring operational authority shall be issued
and made effective at the time such transfer closes.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated January 26, 2007, as supplemented by letter dated
July 11, 2007, and the non-proprietary safety evaluation dated July 31,
2007, which is 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 31st day of July 2007.
For the Nuclear Regulatory Commission.
J. E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E7-15192 Filed 8-3-07; 8:45 am]
BILLING CODE 7590-01-P
