24718 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Notices

notice of objection from the Director,

Office of Nuclear Reactor Regulation.

d. The trust agreement shall not be

modified in any material respect

without prior written notification to the

Director, Office of Nuclear Reactor

Regulation.

e. The trustee, investment advisor, or

anyone else directing the investments

made in the trust shall adhere to a

‘‘prudent investor’’ standard, as

specified in 18 CFR 35.32(3) of the

Federal Energy Regulatory

Commission’s regulations.

4. After receipt of all required

regulatory approvals of the subject

transfer, PECO shall inform the Director,

Office of Nuclear Reactor Regulation, in

writing of such receipt, and of the date

of closing of the transfer no later than

7 business days prior to the date of

closing. Should the transfer not be

completed by December 31, 2000, this

Order shall become null and void,

provided, however, on application and

for good cause shown, such date may be

extended.

It Is Further Ordered That, consistent

with 10 CFR 2.1315(b), license

amendments that make changes, as

indicated in Enclosure 2 to the cover

letter forwarding this Order, to conform

each Peach Bottom license to reflect the

subject transfers are approved. Such

amendments shall be issued and made

effective at the time the proposed

license transfer is completed.

This Order is effective upon issuance.

For further details with respect to this

Order, see the transfer application dated

December 21, 1999, and supplements

dated February 11, March 2, and March

16, 2000, which are available for public

inspection at the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC.

Publically available records will be

accessible electronically from the

ADAMS Public Library component on

the NRC Web site, http://www.nrc.gov

(the Electronic Reading Room).

Dated at Rockville, Maryland, this 21st day

of April 2000.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–10505 Filed 4–26–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–387 and 50–388]

PP&L, Inc.; Notice of Consideration of

Issuance of Amendment to Facility

Operating License, Proposed No

Significant Hazards Consideration

Determination, and Opportunity for a

Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License Nos. NPF–

14 and NPF–22 issued to PP&L, Inc. (the

licensee) for operation of the

Susquehanna Steam Electric Station

(SSES), Units 1 and 2, located in

Luzerne County, Pennsylvania.

The proposed amendment would

amend the licenses to change the

required implementation date for

previously issued license Amendment

No. 184 to Facility Operating License

NPF–14 and Amendment No. 158 to

Facility Operating License NPF–22. The

proposed amendment would not alter

any of the requirements of the SSES

Unit 1 and 2 Technical Specifications

(TSs). The previously issued

amendments incorporate long-term

power stability solution instrumentation

into the SSES Unit 1 and 2 TSs. When

implemented, these amendments will

incorporate into the TSs the licensee’s

final response to GL 94–02, ‘‘Long Term

Solutions and Upgrade of Interim

Operating Recommendations for

Thermal-Hydraulic Instabilities in

Boiling Water Reactors.’’ Specifically,

these amendments will, in part, add TS

requirements related to the operating

power range monitoring (OPRM)

system. The licensee stated that design

deficiencies have adversely affected its

ability to install and operate the OPRM

system. Therefore, the licensee

requested that the required

implementation date for Amendment

No. 184 to License NPF–14 and

Amendment No. 158 to License No.

NPF–22 be revised to become effective

no later than November 1, 2001. The

licensee stated that the revised date

would provide sufficient time to

complete efforts necessary to ensure the

OPRM system’s final readiness for

operation.

Before issuance of the proposed

license amendment, the Commission

will have made findings required by the

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

The Commission has made a

proposed determination that the

amendment request involves no

significant hazards consideration. Under

the Commission’s regulations in 10 CFR

50.92, this means that operation of the

facility in accordance with the proposed

amendment would not (1) involve a

significant increase in the probability or

consequences of an accident previously

evaluated; or (2) create the possibility of

a new or different kind of accident from

any accident previously evaluated; or

(3) involve a significant reduction in a

margin of safety. As required by 10 CFR

50.91(a), the licensee has provided its

analysis of the issue of no significant

hazards consideration, which is

presented below:

1. The proposed change does not involve

a significant increase in the probability or

consequences of an accident previously

evaluated.

The proposed amendment implementation

date extension is administrative in nature

and does not require any physical plant

modifications, physically affect any plant

systems or components, nor entail changes in

plant operation. The resulting consequences

of transients and accidents will remain

within the NRC approved criteria. Therefore,

the proposed action does not involve an

increase in the probability or consequences

of an accident previously evaluated.

2. The proposed change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

The proposed amendment implementation

date extension is administrative in nature

and does not require any physical plant

modifications, physically affect any plant

systems or components, nor entail changes in

plant operation. Therefore, the proposed

change does not create the possibility of a

new or different kind of accident from any

accident previously evaluated.

3. The proposed change does not involve

a significant reduction in a margin of safety.

The proposed amendment implementation

date extension is administrative in nature

and does not require any physical plant

modifications, physically affect any plant

systems or components, nor entail changes in

plant operation. Since the proposed changes

do not affect the physical plant or have any

impact on plant operation, the proposed

changes will not jeopardize or degrade the

function or operation of any plant system or

component. Therefore, the proposed change

does not involve a significant reduction in

the margin of safety.

The NRC staff has reviewed the

licensee’s analysis and, based on this

review, it appears that the three

standards of 10 CFR 50.92(c) are

satisfied. Therefore, the NRC staff

proposes to determine that the

amendment request involves no

significant hazards consideration.

The Commission is seeking public

comments on this proposed

determination. Any comments received

within 30 days after the date of

publication of this notice will be

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Notices 24719

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 30-day notice period.

However, should circumstances change

during the notice period such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

30-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received. Should

the Commission take this action, it will

publish in the Federal Register a notice

of issuance and provide for opportunity

for a hearing after issuance. The

Commission expects that the need to

take this action will occur very

infrequently.

Written comments may be submitted

by mail to the Chief, Rules and

Directives Branch, Division of

Administrative Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, and should cite the publication

date and page number of this Federal

Register notice. Written comments may

also be delivered to Room 6D59, Two

White Flint North, 11545 Rockville

Pike, Rockville, Maryland, from 7:30

a.m. to 4:15 p.m. Federal workdays.

Copies of written comments received

may be examined at the NRC Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC.

The filing of requests for hearing and

petitions for leave to intervene is

discussed below.

By May 30, 2000, the licensee may file

a request for a hearing with respect to

issuance of the amendment to the

subject facility operating license and

any person whose interest may be

affected by this proceeding and who

wishes to participate as a party in the

proceeding must file a written request

for a hearing and a petition for leave to

intervene. Requests for a hearing and a

petition for leave to intervene shall be

filed in accordance with the

Commission’s ‘‘Rules of Practice for

Domestic Licensing Proceedings’’ in 10

CFR part 2. Interested persons should

consult a current copy of 10 CFR 2.714

which is available 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).

If a request for a hearing or petition for

leave to intervene is filed by the above

date, the Commission or an Atomic

Safety and Licensing Board, designated

by the Commission or by the Chairman

of the Atomic Safety and Licensing

Board Panel, will rule on the request

and/or petition; and the Secretary or the

designated Atomic Safety and Licensing

Board will issue a notice of hearing or

an appropriate order.

As required by 10 CFR 2.714, a

petition for leave to intervene shall set

forth with particularity the interest of

the petitioner in the proceeding, and

how that interest may be affected by the

results of the proceeding. The petition

should specifically explain the reasons

why intervention should be permitted

with particular reference to the

following factors: (1) The nature of the

petitioner’s right under the Act to be

made party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order which may be

entered in the proceeding on the

petitioner’s interest. The petition should

also identify the specific aspect(s) of the

subject matter of the proceeding as to

which petitioner wishes to intervene.

Any person who has filed a petition for

leave to intervene or who has been

admitted as a party may amend the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of the contention and a concise

statement of the alleged facts or expert

opinion which support the contention

and on which the petitioner intends to

rely in proving the contention at the

hearing. The petitioner must also

provide references to those specific

sources and documents of which the

petitioner is aware and on which the

petitioner intends to rely to establish

those facts or expert opinion. Petitioner

must provide sufficient information to

show that a genuine dispute exists with

the applicant on a material issue of law

or fact. Contentions shall be limited to

matters within the scope of the

amendment under consideration. The

contention must be one which, if

proven, would entitle the petitioner to

relief. A petitioner who fails to file such

a supplement which satisfies these

requirements with respect to at least one

contention will not be permitted to

participate as a party.

Those permitted to intervene become

parties to the proceeding, subject to any

limitations in the order granting leave to

intervene, and have the opportunity to

participate fully in the conduct of the

hearing, including the opportunity to

present evidence and cross-examine

witnesses.

If a hearing is requested, the

Commission will make a final

determination on the issue of no

significant hazards consideration. The

final determination will serve to decide

when the hearing is held.

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and make it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Rulemakings and Adjudications Staff, or

may be delivered to the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, by the above date. A

copy of the petition should also be sent

to the Office of the General Counsel,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001, and to

Bryan A. Snapp, Esquire, Assoc. General

Counsel, PP&L, Inc., 2 North Ninth St.,

GENTW3, Allentown, PA 18101–1179,

attorney for the licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated March 14, 2000, and

supplement dated March 27, 2000,

which are available for public

inspection at the Commission’s Public

Document Room, the Gelman Building,

24720 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Notices

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 19th day

of April 2000.

For the Nuclear Regulatory Commission.

Robert G. Schaaf,

Project Manager, Section 1, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–10296 Filed 4–26–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–354]

Public Service Electric and Gas

Company, Atlantic City Electric

Company, (Hope Creek Generating

Station); Order Approving Transfer of

License and Conforming Amendment

I

Public Service Electric and Gas

Company (PSE&G) and the Atlantic City

Electric Company (ACE) are the joint

owners of the Hope Creek Generating

Station (HCGS), located in Salem

County, New Jersey. They hold Facility

Operating License No. NPF–57, issued

by the U.S. Nuclear Regulatory

Commission (NRC or Commission) on

July 25, 1986, pursuant to Part 50 of title

10 of the Code of Federal Regulations

(10 CFR Part 50). Under this license,

PSE&G (currently owner of 95 percent of

HCGS) is authorized to act as agent for

ACE (owner of the remaining 5 percent)

and has exclusive responsibility and

control over the physical construction,

operation, and maintenance of the

facility.

II

By application dated December 20,

1999, as supplemented February 11 and

February 25, 2000 (collectively referred

to herein as the application), PSE&G,

ACE, and PSEG Nuclear Limited

Liability Company (PSEG Nuclear),

requested approval by the NRC of the

transfer to PSEG Nuclear of the HCGS

license, to the extent it is held by ACE,

in conjunction with the proposed

acquisition of ACE’s ownership interest

in HCGS by PSEG Nuclear. According to

the application, depending upon the

timing of regulatory approvals sought by

PSEG Nuclear concerning other transfer

matters not involving ACE, as an

interim step the interest of ACE to be

acquired by PSEG Nuclear may be

transferred first to PSEG Power LLC, the

parent of PSEG Nuclear, or to PSE&G,

and then to PSEG Nuclear. No physical

changes or significant changes in the

day-to-day management and operations

of HCGS are proposed in the

application.

PSE&G also requested approval of a

conforming license amendment to

reflect the transfer. The amendment

would replace references to ACE with

PSEG Nuclear.

Approval of the transfer and

conforming license amendment was

requested pursuant to 10 CFR 50.80 and

50.90. A notice of the application for

transfer approval as well as the request

for amendment and an opportunity for

a hearing was published in the Federal

Register on February 18, 2000 (65 FR

8453). No hearing requests were filed.

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

consents in writing. After reviewing the

information submitted in the

application and other information

before the Commission, the NRC staff

has determined that PSEG Nuclear is

qualified to hold the license to the same

extent the license is now held by ACE,

and that the transfer of the license, as

previously described herein, is

otherwise consistent with applicable

provisions of law, regulations, and

orders issued by the Commission,

subject to the conditions described

herein. 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 license amendment will be in

accordance with 10 CFR Part 51 of the

Commission’s regulations and all

applicable requirements have been

satisfied. These findings are supported

by a Safety Evaluation dated April 21,

2000.

III

Accordingly, pursuant to Sections

161b, 161i, and 184 of the Atomic

Energy Act of 1954, as amended, 42

U.S.C. 2201(b), 2201(i), and 2234, and

10 CFR 50.80, It Is Hereby Ordered That

the license transfer from ACE to PSEG

Nuclear referenced above is approved,

subject to the following conditions:

1. Any interim transaction described

in the application whereby ACE’s

interest in HCGS is first acquired by

PSE&G, PSEG Power, or any other entity

prior to the acquisition by PSEG Nuclear

of such interest, shall not result in the

acquisition, possession, or use of HCGS,

or any activity for which a license is

required under the Atomic Energy Act

of 1954, as amended, by any entity other

than PSEG Nuclear, unless such result

is expressly approved by a separate

order upon further application. This

Order shall not be deemed to provide

consent under 10 CFR 50.80 to the

transfer of the license for HCGS with

respect to ACE’s interest in HCGS to any

entity other than PSEG Nuclear.

2. ACE will transfer on or about the

closing date to the PSEG Nuclear

decommissioning trusts for HCGS, a

minimum of $9.9 million.

3. The decommissioning trust

agreement(s) for HCGS shall provide

that:

a. The use of assets in both the

qualified and non-qualified funds shall

be limited to expenses related to

decommissioning of the unit as defined

by the NRC in its regulations and

issuances, and as provided in the unit’s

license and any amendments thereto.

However, upon completion of

decommissioning, as defined above, the

assets may be used for any purpose

authorized by law.

b. Investments in the securities or

other obligations of PSE&G or affiliates

thereof, or their successors or assigns,

shall be prohibited. In addition, except

for investments tied to market indexes

or other non-nuclear sector mutual

funds, investments in any entity owning

one or more nuclear power plants shall

be prohibited.

c. No disbursements or payments

from the trust shall be made by the

trustee until the trustee has first given

the NRC 30 days notice of the payment.

In addition, no disbursements or

payments from the trust shall be made

if the trustee receives prior written

notice of objection from the Director,

Office of Nuclear Reactor Regulation.

d. The trust agreement shall not be

modified in any material respect

without prior written notification to the

Director, Office of Nuclear Reactor

Regulation.