In the Matter of: Amergen Energy Company, LLC Exelon Generation Company, LLC (Oyster Creek Nuclear Generating Station); Order Approving Transfer of License and Conforming Amendment, 129-130 [E8-31206]
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Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Notices
It is further ordered that AmerGen and
EGC shall inform the Director of the
Office of Nuclear Reactor Regulation, in
writing, of the date of closing of the
transfer of AmerGen’s ownership and
operating interests in CPS at least 1
business day before the closing. Should
the transfer of the license not be
completed within 1 year of this Order’s
date of issuance, 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.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
June 20, 2008, and the safety evaluation
with the same date as this Order, which
are available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike, Room O–1 F21
(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 or 301–415–4737, or by e-mail
at pdr@nrc.gov.
Dated at Rockville, Maryland, this 23rd day
of December 2008.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–31211 Filed 12–31–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–219 and 72–15; License
No. DPR–16]
In the Matter of: Amergen Energy
Company, LLC Exelon Generation
Company, LLC (Oyster Creek Nuclear
Generating Station); Order Approving
Transfer of License and Conforming
Amendment
mstockstill on PROD1PC66 with NOTICES
I
AmerGen Energy Company, LLC
(AmerGen or licensee) is the holder of
Facility Operating License No. DPR–16,
which authorizes the possession, use,
and operation of the Oyster Creek
Nuclear Generating Station (Oyster
Creek, or the facility). AmerGen is also
authorized to store spent fuel at the
VerDate Aug<31>2005
16:23 Dec 31, 2008
Jkt 217001
Oyster Creek Independent Spent Fuel
Storage Installation pursuant to the
general license provision in section
72.210 of Title 10 of the Code of Federal
Regulations (10 CFR). AmerGen is a
wholly owned subsidiary of Exelon
Generation Company, LLC (EGC). The
facility is located at the licensee’s site in
Ocean County, New Jersey.
II
By letter dated June 20, 2008, as
supplemented on July 17, 2008
(together, the application), AmerGen
and EGC submitted an application
requesting approval of the transfer of the
operating license for Oyster Creek to the
extent held by AmerGen, to EGC. There
will be no physical changes to the
facility, nor changes in officers,
personnel, or day-to-day operations as a
result of the transfer. There will be no
changes in the ownership of EGC, which
is a wholly owned subsidiary of Exelon
Ventures Company, LLC, which, in turn
is a wholly owned subsidiary of Exelon
Corporation. The transfer to EGC will
eliminate AmerGen as owner and
operator of TMI–1. After the transfer,
EGC will be the sole licensed owner and
operator of Oyster Creek.
The applicants also requested
approval of a conforming license
amendment that would replace
references to AmerGen in the license
with references to EGC to reflect the
transfer of ownership and operating
authority, specifically, to possess, use
and operate Oyster Creek and to receive,
possess, or use related licensed
materials under the applicable
conditions and authorizations included
in the Oyster Creek license.
Approval of the transfer of the license
and the conforming license amendment
is requested by the applicants pursuant
to sections 50.80 and 50.90 of 10 CFR.
Notice of the request for approval and
opportunity for a hearing was published
in the Federal Register on August 26,
2008 (73 FR 50371). No hearing requests
or petitions to intervene were received.
The Nuclear Regulatory Commission
(NRC, the Commission) received
comments from a member of the public
in Florham Park, New Jersey, in an email dated August 27, 2008. The
comments did not provide any
information additional to that in the
application, nor did they provide any
information contradictory to that
provided 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. Upon review
of the information in the application
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Frm 00061
Fmt 4703
Sfmt 4703
129
and other information before the
Commission, and relying upon the
representations and agreements
contained in the application, the NRC
staff has determined that EGC is
qualified to acquire and hold the
ownership interest and operating
authority previously held by AmerGen,
and that the transfer of the license to
EGC described 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 further found that the
application for the proposed license
amendment 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
amendment 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 amendment will
not be inimical to the common defense
and security or to the health and safety
of the public; and the 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 the NRC staff’s safety
evaluation dated the same day as this
Order.
III
Accordingly, pursuant to sections
161b, 161i, and 184 of the Act, 42 U.S.C.
sections 2201(b), 2201(i), and 2234; and
10 CFR 50.80 and 10 CFR 72.50, it is
hereby ordered that the transfer of the
license from AmerGen to EGC, as
described herein, is approved, subject to
the following conditions:
(1) Before completion of the transfer
of Oyster Creek, EGC shall provide the
Director of the Office of Nuclear Reactor
Regulation satisfactory documentary
evidence that EGC has obtained the
appropriate amount of insurance
required of licensees under 10 CFR part
140 of the Commission’s regulations.
(2) At the time of the closing of the
transfer of Oyster Creek and the
respective license from AmerGen
Energy Company, LLC (AmerGen) to
Exelon Generation Company, AmerGen
shall transfer to Exelon Generation
E:\FR\FM\02JAN1.SGM
02JAN1
130
Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Notices
Company ownership and control of
AmerGen Oyster Creek NQF, LLC; and
AmerGen Consolidation, LLC shall be
merged into Exelon Generation
Consolidation, LLC. Also at the time of
the closing, decommissioning funding
assurance provided by Exelon
Generation Company, using an
additional method allowed under 10
CFR 50.75 if necessary, must be equal to
or greater than the minimum amount
calculated on that date pursuant to, and
required by 10 CFR 50.75 for Oyster
Creek. Furthermore, funds dedicated for
Oyster Creek prior to closing shall
remain dedicated to Oyster Creek
following the closing. The name of
AmerGen Oyster Creek NQF, LLC shall
be changed to Exelon Generation Oyster
Creek NQF, LLC at the time of the
closing.
It is further ordered that, consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the license to reflect the subject direct
license transfer is approved. The
amendment shall be issued and made
effective at the time the proposed direct
license transfer is completed.
It is further ordered that AmerGen
and EGC shall inform the Director of the
Office of Nuclear Reactor Regulation, in
writing, of the date of closing of the
transfer of AmerGen’s ownership and
operating interests in Oyster Creek at
least 1 business day before the closing.
Should the transfer of the license not be
completed within 1 year of this Order’s
date of issuance, 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.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
June 20, 2008, and the safety evaluation
with the same date as this Order, which
are available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike, Room O–1 F21
(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 or 301–415–4737, or by e-mail
at pdr.resource@nrc.gov.
discount rates in Appendix C are to be
used for cost-effectiveness analysis,
including lease-purchase analysis, as
specified in the revised Circular. They
do not apply to regulatory analysis.
DATES: The revised discount rates are
effective immediately and will be in
effect through December 2009.
FOR FURTHER INFORMATION CONTACT:
Robert B. Anderson, Office of Economic
Policy, Office of Management and
Budget, (202) 395–3381.
Dated at Rockville, Maryland, this 23rd day
of December 2008.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–31206 Filed 12–31–08; 8:45 am]
Appendix C
BILLING CODE 7590–01–P
OFFICE OF MANAGEMENT AND
BUDGET
Discount Rates for Cost-Effectiveness
Analysis of Federal Programs
AGENCY: Office of Management and
Budget.
ACTION: Revisions to Appendix C of
OMB Circular A–94.
SUMMARY: The Office of Management
and Budget revised Circular A–94 in
1992. The revised Circular specified
certain discount rates to be updated
annually when the interest rate and
inflation assumptions used to prepare
the Budget of the United States
Government were changed. These
discount rates are found in Appendix C
of the revised Circular. The updated
discount rates are shown below. The
John H. Kitchen,
Associate Director for Economic Policy, Office
of Management and Budget.
OMB Circular No. A–94.
(Revised December 2008)
Discount Rates for Cost-Effectiveness,
Lease Purchase, and Related Analyses
Effective Dates. This appendix is
updated annually. This version of the
appendix is valid for calendar year
2009. A copy of the updated appendix
can be obtained in electronic form
through the OMB home page at https://
www.whitehouse.gov/omb/circulars/
a094/a94_appx-c.html, the text of the
main body of the Circular is found at
https://www.whitehouse.gov/omb/
circulars/a094/a094.html, and a table of
past years’ rates is located at https://
www.whitehouse.gov/omb/circulars/
a094/DISCHIST-2009.pdf. Updates of
the appendix are also available upon
request from OMB’s Office of Economic
Policy (202–395–3381).
Nominal Discount Rates. A forecast of
nominal or market interest rates for
2009 based on the economic
assumptions for the Fiscal Year 2010
December Budget Baseline are presented
below. These nominal rates are to be
used for discounting nominal flows,
which are often encountered in leasepurchase analysis.
NOMINAL INTEREST RATES ON TREASURY NOTES AND BONDS OF SPECIFIED MATURITIES
[In percent]
3-year
5-year
2.7
7-year
3.3
mstockstill on PROD1PC66 with NOTICES
Real Discount Rates. A forecast of real
interest rates from which the inflation
premium has been removed and based
VerDate Aug<31>2005
16:23 Dec 31, 2008
Jkt 217001
10-year
3.7
20-year
4.2
on the economic assumptions from the
2010 December Budget Baseline is
presented below. These real rates are to
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
30-year
4.7
4.5
be used for discounting constant-dollar
flows, as is often required in costeffectiveness analysis.
E:\FR\FM\02JAN1.SGM
02JAN1
Agencies
[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Notices]
[Pages 129-130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31206]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-219 and 72-15; License No. DPR-16]
In the Matter of: Amergen Energy Company, LLC Exelon Generation
Company, LLC (Oyster Creek Nuclear Generating Station); Order Approving
Transfer of License and Conforming Amendment
I
AmerGen Energy Company, LLC (AmerGen or licensee) is the holder of
Facility Operating License No. DPR-16, which authorizes the possession,
use, and operation of the Oyster Creek Nuclear Generating Station
(Oyster Creek, or the facility). AmerGen is also authorized to store
spent fuel at the Oyster Creek Independent Spent Fuel Storage
Installation pursuant to the general license provision in section
72.210 of Title 10 of the Code of Federal Regulations (10 CFR). AmerGen
is a wholly owned subsidiary of Exelon Generation Company, LLC (EGC).
The facility is located at the licensee's site in Ocean County, New
Jersey.
II
By letter dated June 20, 2008, as supplemented on July 17, 2008
(together, the application), AmerGen and EGC submitted an application
requesting approval of the transfer of the operating license for Oyster
Creek to the extent held by AmerGen, to EGC. There will be no physical
changes to the facility, nor changes in officers, personnel, or day-to-
day operations as a result of the transfer. There will be no changes in
the ownership of EGC, which is a wholly owned subsidiary of Exelon
Ventures Company, LLC, which, in turn is a wholly owned subsidiary of
Exelon Corporation. The transfer to EGC will eliminate AmerGen as owner
and operator of TMI-1. After the transfer, EGC will be the sole
licensed owner and operator of Oyster Creek.
The applicants also requested approval of a conforming license
amendment that would replace references to AmerGen in the license with
references to EGC to reflect the transfer of ownership and operating
authority, specifically, to possess, use and operate Oyster Creek and
to receive, possess, or use related licensed materials under the
applicable conditions and authorizations included in the Oyster Creek
license.
Approval of the transfer of the license and the conforming license
amendment is requested by the applicants pursuant to sections 50.80 and
50.90 of 10 CFR. Notice of the request for approval and opportunity for
a hearing was published in the Federal Register on August 26, 2008 (73
FR 50371). No hearing requests or petitions to intervene were received.
The Nuclear Regulatory Commission (NRC, the Commission) received
comments from a member of the public in Florham Park, New Jersey, in an
e-mail dated August 27, 2008. The comments did not provide any
information additional to that in the application, nor did they provide
any information contradictory to that provided 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. 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 EGC is qualified to acquire and hold the ownership
interest and operating authority previously held by AmerGen, and that
the transfer of the license to EGC described 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 further found that the application for
the proposed license amendment 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 amendment 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 amendment will not be inimical to the common
defense and security or to the health and safety of the public; and the
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 the NRC staff's
safety evaluation dated the same day as this Order.
III
Accordingly, pursuant to sections 161b, 161i, and 184 of the Act,
42 U.S.C. sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80 and 10
CFR 72.50, it is hereby ordered that the transfer of the license from
AmerGen to EGC, as described herein, is approved, subject to the
following conditions:
(1) Before completion of the transfer of Oyster Creek, EGC shall
provide the Director of the Office of Nuclear Reactor Regulation
satisfactory documentary evidence that EGC has obtained the appropriate
amount of insurance required of licensees under 10 CFR part 140 of the
Commission's regulations.
(2) At the time of the closing of the transfer of Oyster Creek and
the respective license from AmerGen Energy Company, LLC (AmerGen) to
Exelon Generation Company, AmerGen shall transfer to Exelon Generation
[[Page 130]]
Company ownership and control of AmerGen Oyster Creek NQF, LLC; and
AmerGen Consolidation, LLC shall be merged into Exelon Generation
Consolidation, LLC. Also at the time of the closing, decommissioning
funding assurance provided by Exelon Generation Company, using an
additional method allowed under 10 CFR 50.75 if necessary, must be
equal to or greater than the minimum amount calculated on that date
pursuant to, and required by 10 CFR 50.75 for Oyster Creek.
Furthermore, funds dedicated for Oyster Creek prior to closing shall
remain dedicated to Oyster Creek following the closing. The name of
AmerGen Oyster Creek NQF, LLC shall be changed to Exelon Generation
Oyster Creek NQF, LLC at the time of the closing.
It is further ordered that, consistent with 10 CFR 2.1315(b), the
license amendment that makes changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the license to
reflect the subject direct license transfer is approved. The amendment
shall be issued and made effective at the time the proposed direct
license transfer is completed.
It is further ordered that AmerGen and EGC shall inform the
Director of the Office of Nuclear Reactor Regulation, in writing, of
the date of closing of the transfer of AmerGen's ownership and
operating interests in Oyster Creek at least 1 business day before the
closing. Should the transfer of the license not be completed within 1
year of this Order's date of issuance, 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.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated June 20, 2008, and the safety evaluation with the
same date as this Order, which are available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North, 11555 Rockville Pike, Room O-1 F21 (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 or 301-415-
4737, or by e-mail at pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 23rd day of December 2008.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E8-31206 Filed 12-31-08; 8:45 am]
BILLING CODE 7590-01-P