[Federal Register: December 29, 1999 (Volume 64, Number 249)]
[Notices]               
[Page 73079-73080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de99-143]                         

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-254 and 50-265]

 
Commonwealth Edison Company and MidAmerican Energy Company, Quad 
Cities Nuclear Power Station, Units 1 and 2; Notice of Consideration of 
Approval of Application Regarding Proposed Change in Shareholders of 
MidAmerican Energy Holdings Company Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
indirect transfer of Facility Operating Licenses Nos. DPR-29 and DPR-
30, for the Quad Cities Nuclear Power Station, Units 1 and 2 (Quad 
Cities), respectively, to the extent currently held by MidAmerican 
Energy Company (MidAmerican), as a co-owner of Quad Cities.
    According to the application for approval by MidAmerican, all of 
the stock of MidAmerican Energy Holdings Company (MEHC), the parent 
company of MidAmerican, is to be acquired by a small group of 
investors. This group of investors consists of Berkshire Hathaway, Inc. 
and/or subsidiaries thereof; David L. Sokol, the Chairman and Chief 
Executive Officer of MEHC; and Walter Scott, MEHC's largest individual 
shareholder, and/or certain Scott family interests; and potentially 
other members of MEHC's management. Following the acquisition, 
Commonwealth Edison Company (ComEd) and MidAmerican would remain as the 
licensees for Quad Cities. ComEd would continue to own 75% of the 
facility, be exclusively responsible for the operation and maintenance 
of Quad Cities, and be an agent for MidAmerican. MidAmerican would 
continue to hold a 25% ownership interest in Quad Cities. The 
application proposes no changes to the financial arrangements and 
obligations of ComEd and MidAmerican with respect to Quad Cities, 
including decommissioning funding responsibilities. In addition, no 
physical changes to the Quad Cities facility or operational changes are 
being proposed in the application. No direct transfer of the licenses 
would result from the proposed acquisition of MEHC stock. The 
application seeks consent by the Commission to the extent the proposed 
acquisition would effect an indirect transfer of the Quad Cities 
licenses, as held by MidAmerican, under 10 CFR 50.80.
    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 consent in 
writing. The Commission will approve an application for the indirect 
transfer of a license, if the Commission determines that the underlying 
transaction effecting the indirect transfer will not affect the 
qualifications of the holder of the license, and that the transfer is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto.
    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.
    By January 18, 2000, any person whose interest may be affected by 
the Commission's action on the application may request a hearing, and, 
if not the applicants, 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 M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License

[[Page 73080]]

Transfer Applications,'' of 10 CFR Part 2. In particular, such requests 
and petitions must comply with the requirements set forth in 10 CFR 
2.1306, and should address the considerations contained in 10 CFR 
2.1308(a). Untimely requests and petitions may be denied, as provided 
in 10 CFR 2.1308(b), 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 
2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Roy P. Lessy, Jr., Akin, Gump, Strauss, Hauer & Feld, 
L.L.P., 1333 New Hampshire Avenue, NW, Suite 400, Washington, DC, 
20036, telephone (202) 887-4500, fax (202) 995-7763, e-mail 
Rlessy@akingump.com; John A. Rasmussen, Jr., Senior Vice President and 
General Counsel, MidAmerican Energy Company, 666 Grand Avenue, P.O. Box 
657, Des Moines, Iowa 50303, telephone (515) 242-4085, fax (515) 242-
4261, e-mail jarasmussen@midamerican.com; Ms. Pamela B. Stroebel, 
Senior Vice President and General Counsel, Commonwealth Edison Company, 
P.O. Box 767, Chicago, Illinois 60690-0767; the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555 (e-mail address for 
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 2.1313.
    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, by January 28, 2000, 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 Federal Register notice.
    For further details with respect to this action, see the 
application and related cover letters dated November 15, 1999, and 
previous related letters dated November 2, 1999, which are available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street, NW, Washington, DC, and accessible 
electronically through the ADAMS Public Electronic Reading Room link 
at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 21st day of December 1999.

For the Nuclear Regulatory Commission.
S. Singh Bajwa,
Director, Project Directorate III, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-33680 Filed 12-28-99; 8:45 am]
BILLING CODE 7590-01-P