[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Pages 26640-26641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11397]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443]


North Atlantic Energy Service Corporation et al.; Seabrook 
Station, Unit No. 1; Notice of Consideration of Approval of Application 
Regarding Proposed Corporate Restructuring 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-86 for the 
Seabrook Station, Unit 1 (Seabrook Station), to the extent held by 
United Illuminating Company (UI). The indirect transfer would be to UIL 
Holdings Corporation (Holdings), incorporated in Connecticut. 
Currently, Holdings is a wholly owned subsidiary of UI.
    According to a February 17, 2000, application, as supplemented on 
March 1, 2000, by UI for approval of certain indirect license 
transfers, on January 24, 2000, UI entered into an ``Agreement and Plan 
of Merger and Share Exchange'' (Plan of Exchange) with Holdings. Under 
the plan of exchange, UI will become a wholly owned subsidiary of 
Holdings, while the unregulated businesses of UI will be

[[Page 26641]]

transferred to Holdings as subsidiaries thereof. The establishment of a 
new parent for UI will effect an indirect transfer of the Seabrook 
Station license to the extent held by UI to Holdings. UI holds a 17.5-
percent ownership interest in Seabrook Station; however, North Atlantic 
Energy Services Corporation (NAESCO) is exclusively authorized to 
operate the unit. NAESCO would remain as the managing agent for the 11 
joint owners of the facility, including UI, and would continue to have 
exclusive responsibility for the management, operation, and maintenance 
of the Seabrook Station. The application does not propose a change in 
the rights, obligations, or interests of the other 10 joint owners of 
the Seabrook Station. In addition, no physical changes to the Seabrook 
Station facility or operational changes are being proposed in the 
application. No direct transfer of the license will result from the 
proposed corporate restructuring of UI.
    The application also seeks approval of a proposed indirect license 
transfer in connection with UI's partial ownership of the Millstone 
Nuclear Power Station, Unit 3, which will be the subject of a separate 
notice.
    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 underlying 
transaction that will effectuate the indirect transfer 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 May 29, 2000, 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 Barton Z. Cowan, Esq., Eckert Seamans Cherin & Mellott, 
LLC, 600 Grant Street, 44th floor, Pittsburgh, PA 15219 (telephone 
number 412-566-6000 and e-mail address <a href="/cdn-cgi/l/email-protection#690b130a290c1a0a04470a0604"><span class="__cf_email__" data-cfemail="44263e2704213727296a272b29">[email protected]</span></a>,) attorney for 
United Illuminating Company; the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555 (e-mail address for filings 
regarding license transfer cases only: <a href="/cdn-cgi/l/email-protection#175850545b435759455439707861"><span class="__cf_email__" data-cfemail="6f20282c233b2f213d2c41080019">[email protected]</span></a>); 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 June 07, 2000, 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 20555-001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of the Federal Register notice.
    For further details with respect to this action, see the 
application dated February 17, 2000, and supplement dated March 1, 
2000, which are available for public inspection 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).

    Dated at Rockville, Maryland this 1st day of May 2000.

    For the Nuclear Regulatory Commission.
Robert M. Pulsifer,
Project Manager, Section 2, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-11397 Filed 5-5-00; 8:45 am]
BILLING CODE 7590-01-P


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