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.

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Notices 24721

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, PSE&G 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), a license

amendment that makes changes, as

indicated in Enclosure 2 to the cover

letter forwarding this Order, to conform

the license to reflect the subject license

transfer is approved. Such amendment

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 initial application dated

December 20, 1999, and supplements

dated February 11, and February 25,

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. 00–10503 Filed 4–26–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–272 and 50–311]

Public Service Electric and Gas

Company, Philadelphia Electric

Company (PECO Energy Company,

Delmarva Power and Light Company,

Atlantic City Electric Company (Salem

Nuclear Generating Station, Units 1

and 2); Order Approving Transfer of

Licenses and Conforming

Amendments

I

Public Service Electric and Gas

Company (PSE&G), Philadelphia

Electric Company (PECO Energy

Company), Delmarva Power and Light

Company (DP&L), and Atlantic City

Electric Company (ACE) are the joint

owners of the Salem Nuclear Generating

Station, Unit Nos. 1 and 2 (Salem),

located in Salem County, New Jersey.

They hold Facility Operating Licenses

Nos. DPR–70 and DPR–75, issued by the

U.S. Nuclear Regulatory Commission

(NRC or Commission) on August 13,

1976, and May 20, 1981, respectively,

pursuant to part 50 of title 10 of the

Code of Federal Regulations (10 CFR

Part 50). Under these licenses, PSE&G

(currently owner of 42.59 percent of

each Salem unit) is authorized to

possess, use, and operate the Salem

units. The current, non-operating

combined ownership interests of DP&L

and ACE are 14.82 percent of each

Salem unit.

II

By application dated December 20,

1999, as supplemented February 11 and

February 25, 2000 (collectively referred

to herein as the application), PSE&G,

PSEG Nuclear Limited Liability

Company (PSEG Nuclear), DP&L, and

ACE requested approval by the NRC of

the transfer to PSEG Nuclear of the

Salem licenses, to the extent held by

DP&L and ACE, in conjunction with the

proposed acquisition of DP&L’s and

ACE’s combined ownership interests in

the Salem units by PSEG Nuclear.

According to the application, depending

upon the timing of regulatory approvals

sought by PSEG Nuclear concerning

other transfer matters not involving

DP&L and ACE, as an interim step the

interests of DP&L and 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 the Salem units are proposed in the

application.

PSE&G also requested approval of

conforming license amendments to

reflect the transfers. The amendments

would replace references to DP&L and

ACE with PSEG Nuclear.

Approval of the transfers and

conforming license amendments 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 amendments and an opportunity for

a hearing was published in the Federal

Register on February 18, 2000 (65 FR

8452). 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 gives its

consent 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 for each

Salem unit to the same extent the

licenses are now held by DP&L and

ACE, and that the transfer of the

licenses, 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 amendments 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

amendments 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 amendments

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

amendments 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