[Federal Register: June 17, 1999 (Volume 64, Number 116)]
[Notices]               
[Page 32556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn99-126]                         

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293]

 
Boston Edison Company; Pilgrim Nuclear Power Station; 
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 Title 10 of the Code of 
Federal Regulations (10 CFR) Section 50.80 approving the indirect 
transfer of Facility Operating License No. DPR-35 for the Pilgrim 
Nuclear Power Station (Pilgrim) held by Boston Edison Company (Boston 
Edison). The indirect transfer would be to the new holding company 
formed by Commonwealth Energy System (CES) and BEC Energy (BEC), the 
parent company of Boston Edison.
    Pilgrim is owned and operated by Boston Edison, which is a wholly-
owned subsidiary of BEC. According to an application by Boston Edison 
for approval of the indirect transfer, CES and BEC have entered into an 
Agreement and Plan of Merger under which those entities will become 
wholly-owned subsidiaries of a new Massachusetts corporation named 
NSTAR, thereby resulting in an indirect transfer of Boston Edison's 
interest in Pilgrim's Facility Operating License to NSTAR. No physical 
changes to Pilgrim or operational changes are being proposed. No direct 
transfer of the license will result from the proposed transaction.
    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 with regard to the indirect license 
transfer application, are discussed below.
    By July 7, 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 Douglas S. Huran, BEC Energy, 800 Boylston Street, 
Boston, Massachusetts 02199, General Counsel for BEC Energy; John A. 
Ritsher, Ropes & Gray, One International Place, Boston, Massachusetts 
02110-2624, attorney for BEC Energy; 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 19, 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 February 3, 1999, submitted under cover of a letter 
dated February 5, 1999, and supplement dated May 27, 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 local public document room located at the Plymouth Public Library, 
132 South Street, Plymouth, Massachusetts 02360.

    Dated at Rockville, Maryland this 11th day of June 1999.

    For the Nuclear Regulatory Commission.
Alan B. Wang,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-15413 Filed 6-16-99; 8:45 am]
BILLING CODE 7590-01-P