[Federal Register: June 30, 1999 (Volume 64, Number 125)]
[Notices]               
[Page 35191-35192]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn99-121]                         

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423]

 
Northeast Nuclear Energy Company, et al. Millstone Nuclear Power 
Station, Unit 3; Notice of Consideration of Approval of Application 
Regarding Proposed Corporate Merger 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 approving the 
indirect transfer of Facility Operating License No. NPF-49 for the 
Millstone Nuclear Power Station, Unit No. 3 (Millstone Unit 3), to the 
extent held by New England Power Company (NEP), one of 13 joint owners 
of Millstone Unit 3. The indirect transfer would be to The National 
Grid Group plc (National Grid) resulting from the planned merger of 
National Grid and New England Electric System (NEES), the parent 
company of NEP.

[[Page 35192]]

    According to the application by NEP for approval of the indirect 
transfer, on December 11, 1998, NEES entered into an Agreement and Plan 
of Merger with National Grid, a holding company incorporated in England 
and Wales. Upon consummation of the merger, NEES will become a wholly-
owned indirect subsidiary of National Grid with NEP remaining a 
subsidiary of NEES, thereby effecting an indirect transfer of NEP's 
interest in Millstone Unit 3's Facility Operating License. Northeast 
Utilities, the sole licensed operator of the facility, would remain as 
the managing agent for the 13 joint owners of the facility and would 
continue to have exclusive responsibility for the management, operation 
and maintenance of Millstone Unit 3. The application does not propose a 
change in the rights, obligations, or interests of the other joint 
owners of Millstone Unit 3. In addition, no physical changes to 
Millstone Unit 3 or operational changes are being proposed. No direct 
transfer of the license will result from the proposed merger.
    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. The Commission will approve an application for the indirect 
transfer of a license, if the Commission determines that the proposed 
transfer of control 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 regarding the license transfer 
application, are discussed below.
    By July 20, 1999, 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 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 Edward Berlin, Esq., and Scott P. Klurfeld, Esq., 
Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW, Suite 300, 
Washington, DC 20007-5116, attorneys for New England Power Company; 
Thomas G. Robinson, Esq., New England Power Company, 25 Research Drive, 
Westborough, MA 01582, attorney for New England Power Company; Samuel 
Behrends IV, Esq., Mary A. Murphy, Esq., and Yvonne M. Coviello, Esq., 
LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875 Connecticut Avenue, NW, 
Suite 1200, Washington, DC 20009, attorneys for the National Grid Group 
plc and NGG Holdings LLC; Paul K. Connolly, Jr., Esq., LeBoeuf, Lamb, 
Greene & MacRae, L.L.P., 260 Franklin Street, Boston, MA 02110, 
attorney for NGG Holdings LLC; Lillian M. Cuoco, Esq., Senior Nuclear 
Counsel, Northeast Utilities Service Company, 107 Selden Street, 
Berlin, Connecticut, 06037, attorney for Northeast Nuclear Energy 
Company; the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555 (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 2.1313.
    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 July 30, 1999, 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 dated March 15, 1999, submitted under cover of a letter 
dated March 15, 1999, which are available for public inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, and at the Millstone Unit 3 local public document 
rooms located at the Learning Resources Center, Three Rivers Community-
Technical College, 574 New London Turnpike, Norwich, Connecticut, and 
the Waterford Library, ATTN: Vince Juliano, 49 Rope Ferry Road, 
Waterford, Connecticut.

    Dated at Rockville, Maryland this 21st day of June 1999.
    For the Nuclear Regulatory Commission.
John A. Nakoski,
Senior Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-16599 Filed 6-29-99; 8:45 am]
BILLING CODE 7590-01-P