[Federal Register: August 5, 1999 (Volume 64, Number 150)]
[Notices]               
[Page 42728-42729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au99-128]                         

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-277 and 50-278]

 
PECO Energy Company, Public Service Electric and Gas Company, and 
Peach Bottom Atomic Power Station, Units Nos. 2 and 3; Notice of 
Consideration of Approval of Transfer of Facility Operating Licenses 
and Issuance of Conforming Amendments, 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 
transfer of Facility Operating Licenses Nos. DPR-70 and DPR-75 for the 
Peach Bottom Atomic Power Station, Unit Nos. 2 and 3, to the extent 
currently held by Public Service Electric and Gas Company (PSE&G), as a 
non-operating co-owner of Peach Bottom Units 2 and 3. The transfer 
would be to PSEG Nuclear, LLC. PSE&G currently owns 42.5 percent of 
each Peach Bottom unit. The proposed transfers do not involve any 
change with respect to the ownership interests held by PECO Energy 
Company, Delmarva Power and Light Company, and Atlantic City Electric 
Company. The Commission is also considering amending the licenses to 
reflect the proposed transfer.
    According to the application for approval, PSE&G's interest in both 
units of the facility would be transferred to PSEG Nuclear, LLC, 
following approval of the proposed transfer of the licenses. PSEG 
Nuclear, LLC, will be a wholly owned subsidiary of the current parent 
of PSE&G, Public Service Enterprise Group Incorporated. The transfers 
of the licenses will not affect PECO Energy Company's current 
responsibility and authority to operate the units. No physical changes 
to the Peach Bottom facility or operational changes are being proposed 
in the application.
    The proposed amendments would replace references to PSE&G in the 
licenses with references to PSEG Nuclear, LLC, to reflect the proposed 
transfer.
    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 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 amendments, 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 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. 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

[[Page 42729]]

considerations are being solicited, notwithstanding the general comment 
procedures contained in 10 CFR 50.91.
    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 August 25, 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 Jeffrie J. Keenan, Esquire, Public Service Electric and 
Gas Company, Nuclear Business Unit--N21, P.O. Box 236, Hancocks Bridge, 
NJ 08038 (tel: 609-339-5429, fax: 609-339-1234, and e-mail: 
JKeenan@PSEG.com); 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 September 7, 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 
applications dated July 1 and 23, 1999, and a related application dated 
June 4, 1999, pertaining to the Hope Creek and Salem facilities, 
incorporated by reference in the July 23, 1999, submittal, 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 local public document room located at Government Publications 
Section, State Library of Pennsylvania, (REGIONAL DEPOSITORY) Education 
Building, Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, 
PA 17105.

    Dated at Rockville, Maryland this 30th day of July 1999.

    For the Nuclear Regulatory Commission.
Bartholomew C. Buckley,
Sr. Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-20122 Filed 8-4-99; 8:45 am]
BILLING CODE 7590-01-P