31940 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Notices

licensees under 10 CFR Part 140 of the

Commission’s regulations.

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 transfer

of operating authority is approved. The

amendment shall be issued and made

effective at the time the proposed

transfer is completed.

This Order is effective upon issuance.

For further details with respect to this

action, see the initial application dated

November 24, 1999, and supplement

dated February 2, 2000, and the safety

evaluation dated May 15, 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 15th day

of May 2000.

For the Nuclear Regulatory Commission.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–12620 Filed 5–18–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–266, 50–301, 72–005;

License Nos. DPR–24, DPR–27]

Wisconsin Electric Power Company

(Point Beach Nuclear Plant, Units 1

and 2); Order Approving Transfer of

Operating Authority and Conforming

Amendments

I.

Wisconsin Electric Power Company

(WEPCo or the licensee) is the holder of

Facility Operating Licenses Nos. DPR–

24 and DPR–27, which authorize

operation of the Point Beach Nuclear

Plant, Units 1 and 2 (Point Beach or the

facility). The facility is located at the

licensee’s site in the town of Two

Creeks, Manitowac County, Wisconsin.

The licenses authorize WEPCo to

possess, use, and operate Point Beach.

II.

By application dated November 24,

1999, as supplemented January 31,

2000, the Commission was informed

that WEPCo entered into operating

service agreements with Nuclear

Management Company, LLC (NMC). The

initial application and the supplement

are hereinafter referred to as ‘‘the

application,’’ unless otherwise

indicated. Under the proposed

transaction, NMC will be designated as

the licensee authorized to use and

operate Point Beach in accordance with

the terms and conditions of the licenses.

The transaction involves no change in

plant ownership. The licensee requested

approval of the proposed transfer of

operating authority under the Point

Beach facility operating licenses to

NMC. The application also requested

conforming amendments to reflect the

transfer. The proposed amendments

would add NMC to the licenses and

reflect that NMC is exclusively

authorized to use and operate Point

Beach. As a result of the transfer of

licenses with respect to operating

authority thereunder and conforming

license amendments, NMC will also

become and act as the general licensee

for the Independent Spent Fuel Storage

Installation (ISFSI) at Point Beach

pursuant to 10 CFR 72.210.

According to the application for

approval filed by WEPCo, NMC would

become the licensee authorized to use

and operate Point Beach following

approval of the proposed license

transfers. NMC will assume exclusive

responsibility for the operation and

maintenance of Point Beach. Ownership

of Point Beach will not be affected by

the proposed transfer of operating

authority. WEPCo will retain its current

ownership interest. NMC will not own

any portion of Point Beach. Likewise,

WEPCo’s entitlement to capacity and

energy from Point Beach will not be

affected by the transfer of operating

authority. No physical changes to the

Point Beach facility were proposed in

the application.

Approval of the transfer of operating

authority under the facility operating

licenses and conforming license

amendments was requested by WEPCo

pursuant to 10 CFR 50.80 and 50.90.

Notice of the application for approval

and an opportunity for a hearing was

published in the Federal Register on

February 4, 2000 (65 FR 5705). No

hearing requests or written comments

were received.

Pursuant to 10 CFR 50.80, no license,

or any right thereunder, shall be

transferred, directly or indirectly,

through transfer or control of the

license, unless the Commission shall

give its consent in writing. Upon review

of the information in application by

WEPCo, and other information before

the Commission, and relying upon the

representations and agreements

contained in the application, the NRC

staff has determined that NMC is

qualified to hold the operating authority

under the licenses, and that the transfer

of the operating authority under the

licenses to NMC is otherwise consistent

with applicable provisions of law,

regulations, and orders issued by the

Commission, subject to the conditions

set forth below. 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, and the

Commission’s rules and regulations set

forth in 10 CFR Chapter 1; 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 be

inimical to the common defense and

security or the health and safety of the

public; and the issuance of the proposed

amendments will be in accordance with

10 CFR Part 51 of the Commission’s

regulations and all applicable

requirements have been satisfied. The

foregoing findings are supported by a

safety evaluation dated May 15, 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 transfer of operating authority under

the licenses, as described herein, to

NMC is approved, subject to the

following conditions:

(1) After receipt of all required

regulatory approvals of the transfer of

operating authority to NMC, WEPCo and

NMC shall inform the Director of the

Office of Nuclear Reactor Regulation in

writing of such receipt within 5

business days, and of the date of the

closing of the transfer no later than 7

business days prior to the date of

closing. If the transfer is not completed

by April 1, 2001, this Order shall

become null and void, provided,

however, upon written application and

for good cause shown, such date may in

writing be extended.

(2) NMC shall, prior to completion of

the transfer of operating authority for

Point Beach, provide the Director of the

Office of Nuclear Reactor Regulation

satisfactory documentary evidence that

NMC has obtained the appropriate

amount of insurance required of

licensees under 10 CFR Part 140 of the

Commission’s regulations.

Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Notices 31941

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

the licenses to reflect the subject

transfer of operating authority is

approved. The amendments shall be

issued and made effective at the time

the proposed transfer is completed.

This Order is effective upon issuance.

For further details with respect to this

action, see the initial application dated

November 24, 1999, and supplement

dated January 31, 2000, and the safety

evaluation dated May 15, 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 15th day

of May 2000.

For the Nuclear Regulatory Commission.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–12614 Filed 5–18–00; 8:45 am]

BILLING CODE 7510–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–305; License No. DPR–43]

Wisconsin Public Service Corporation,

Wisconsin Power and Light Company,

and Madison Gas and Electric

Company; (Kewaunee Nuclear Power

Plant, Unit No. 1); Order Approving

Transfer of Operating Authority and

Conforming Amendment

I.

Wisconsin Public Service Corporation

(WPSC), Wisconsin Power and Light

Company (WP&L), and Madison Gas

and Electric Company (MGE) (the

licensees), are the holders of Facility

Operating License No. DPR–43, which

authorizes operation of Kewaunee

Nuclear Power Plant, Unit No. 1

(Kewaunee or the facility). The facility

is located at the licensees’ site in

Kewaunee County, Wisconsin. The

license authorizes the licensees to

possess, use, and operate Kewaunee.

II.

By application dated November 24,

1999, as supplemented December 7,

1999, and February 8, 2000, the

Commission was informed that WPSC,

on behalf of itself and WP&L and MGE,

entered into operating service

agreements with Nuclear Management

Company, LLC (NMC). The initial

application and the supplements are

hereinafter referred to as ‘‘the

application’’ unless otherwise indicated.

Under the proposed transaction, NMC

will be designated as the exclusive

licensee authorized to use and operate

Kewaunee in accordance with the terms

and conditions of the license. The

transaction involves no change in plant

ownership. WPSC requested approval of

the proposed transfer of operating

authority under the Kewaunee facility

operating license to NMC. The

application also requested a conforming

amendment to reflect the transfer. The

proposed amendment would add NMC

to the license as the licensee authorized

to use and operate Kewaunee, and make

changes to the license to reflect that the

current licensees no longer have

operating authority.

According to the application for

approval filed by WPSC, NMC would

become the licensee authorized to use

and operate Kewaunee following

approval of the proposed license

transfer. NMC will assume exclusive

responsibility for the operation and

maintenance of Kewaunee. Ownership

of Kewaunee will not be affected by the

proposed transfer of operating authority.

WPSC, WP&L, and MGE will retain their

current ownership interest. NMC will

not own any portion of Kewaunee.

Likewise, the licensees’ entitlement to

capacity and energy from Kewaunee

will not be affected by the transfer of

operating authority. No physical

changes to the Kewaunee facility were

proposed in the application.

Approval of the transfer of operating

authority under the facility operating

license and conforming license

amendment was requested by WPSC

pursuant to 10 CFR 50.80 and 50.90.

Notice of the application for approval

and an opportunity for a hearing was

published in the Federal Register on

February 4, 2000 (65 FR 5706). No

hearing requests or written comments

were received.

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. Upon review

of the information in the application by

WPSC, and other information before the

Commission, and relying upon the

representations and agreements

contained in the application, the NRC

staff has determined that NMC is

qualified to hold the operating authority

under the license and that the transfer

of the operating authority under the

license to NMC is otherwise consistent

with applicable provisions of law,

regulations, and orders issued by the

Commission, subject to the conditions

set forth below. 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, and the

Commission’s rules and regulations set

forth in 10 CFR Chapter 1; 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 the health and safety of the

public; and the issuance of the proposed

amendment will be in accordance with

10 CFR Part 51 of the Commission’s

regulations and all applicable

requirements have been satisfied. The

foregoing findings are supported by a

Safety Evaluation dated May 15, 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 transfer of operating authority under

the license as described herein to NMC

is approved, subject to the following

conditions:

(1) After receipt of all required

regulatory approvals of the transfer of

operating authority to NMC, WPSC and

NMC shall inform the Director of the

Office of Nuclear Reactor Regulation in

writing of such receipt within 5

business days and of the date of the

closing of the transfer no later than 7

business days before the date of closing.

If the transfer is not completed by April

1, 2001, this Order shall become null

and void, provided, however, upon

written application and for good cause

shown, such date may in writing be

extended.

(2) NMC shall, prior to completion of

the transfer of operating authority of

Kewaunee, provide the Director of the

Office of Nuclear Reactor Regulation

satisfactory documentary evidence that

NMC has obtained the appropriate

amount of insurance required of

licensees under 10 CFR Part 140 of the

Commission’s regulations.

It is further ordered that consistent

with 10 CFR 2.1315(b), a license

amendment that makes changes, as