Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Notices 31935

II.

By application dated November 24,

1999, the Commission was informed

that IES Utilities Inc., entered into

operating service agreements with

Nuclear Management Company, LLC

(NMC). The application was

supplemented by submittals dated

February 4 and March 17, 2000. 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

DAEC in accordance with the terms and

conditions of the license. The

transaction involves no change in plant

ownership. The licensee requested

approval of the proposed transfer of

operating authority under the DAEC

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 DAEC, and delete

references to IES Utilities Inc. as the

operator.

According to the application for

approval filed by IES Utilities Inc., NMC

would become the licensee authorized

to use and operate DAEC following

approval of the proposed license

transfer. NMC will assume exclusive

responsibility for the operation and

maintenance of DAEC. Ownership of

DAEC will not be affected by the

proposed transfer of operating authority.

The plant owners will retain their

current ownership interests. NMC will

not own any portion of DAEC. Likewise,

the plant owners’ entitlement to

capacity and energy from DAEC will not

be affected by the transfer of operating

authority. No physical changes to the

DAEC 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 IES

Utilities Inc., 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

5703). 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

IES Utilities Inc., 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, IES

Utilities Inc., 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 for

DAEC, 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

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 when 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 supplements

dated February 4 and March 17, 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.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–12617 Filed 5–18–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–282, 50–306, 72–10;

License No. DPR–42, License No. DPR–60,

License No. SNM–2506]

Northern States Power Company

(Prairie Island Nuclear Generating

Plant, Units 1 and 2, and Prairie Island

Independent Spent Fuel Storage

Installation); Order Approving

Transfers of Operating Authority and

Conforming Amendments

I.

Northern States Power Company (NSP

or the licensee) is the holder of Facility

Operating Licenses Nos. DPR–42 and

DPR–60, which authorize operation of

Prairie Island Nuclear Generating Plant,

Units 1 and 2 (Prairie Island or the

facility), and Materials License No.

SNM–2506, which authorizes operation

of the Prairie Island Independent Spent

Fuel Storage Installation (Prairie Island

ISFSI). The facility and the Prairie

Island ISFSI are located at the licensee’s

site in Goodhue County, Minnesota. The

operating licenses authorize NSP to

31936 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Notices

possess, use, and operate Prairie Island.

The materials license authorizes NSP to

receive, acquire, and possess power

reactor spent fuel at the Prairie Island

ISFSI.

II.

By application dated November 24,

1999, as supplemented February 2,

2000, NSP informed the Commission

that NSP entered into operating service

agreements with Nuclear Management

Company, LLC (NMC). The initial

application and the supplement are

hereinafter collectively 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 Prairie Island and the

Prairie Island ISFSI in accordance with

the terms and conditions of the licenses.

The transaction involves no change in

ownership. The licensee requested

approval of the proposed transfer of

operating authority under the Prairie

Island facility operating licenses and

materials license to NMC. The

application also requested conforming

amendments to reflect the transfer. The

proposed amendments would add NMC

to the licenses as the licensee

authorized to use and operate Prairie

Island and the Prairie Island ISFSI and

delete references to NSP as the operator.

According to the application for

approval filed by NSP, NMC would

become the licensee authorized to use

and operate Prairie Island and the

Prairie Island ISFSI following approval

of the proposed license transfers. NMC

will assume exclusive responsibility for

the operation and maintenance of

Prairie Island and the Prairie Island

ISFSI. Ownership of Prairie Island and

the Prairie Island ISFSI will not be

affected by the proposed transfers of

operating authority. NSP will retain

ownership of the facility and the Prairie

Island ISFSI. NMC will not own any

portion of Prairie Island or the Prairie

Island ISFSI. Likewise, NSP’s

entitlement to capacity and energy from

Prairie Island will not be affected by the

transfer of operating authority. No

physical changes to Prairie Island or the

Prairie Island ISFSI were proposed in

the application.

Approval of the transfer of operating

authority under the facility operating

licenses and conforming license

amendments was requested by NSP

pursuant to 10 CFR 50.80 and 50.90,

and approval of the transfer of the

materials license and conforming

amendment was requested by NSP

pursuant to 10 CFR 72.50 and 72.56.

Notice of the application for approval

and an opportunity for a hearing was

published in the Federal Register on

February 15, 2000 (65 FR 7574).

Pursuant to such notice, Carol Overland,

an individual, North American Water

Office, an environmental organization,

and the Prairie Island Indian

Community filed hearing requests. The

Commission presently has the matter

under consideration.

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. Pursuant to

10 CFR 72.50, no license shall be

transferred, directly or indirectly,

through transfer of control of the

license, unless the Commission gives its

consent in writing. Upon review of the

information in the application by NSP,

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

and the Prairie Island ISFSI 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 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 finding are

supported by a safety evaluation dated

May 15, 2000.

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 and 10 CFR 72.50, 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, NSP and

NMC shall inform the Director of the

Office of Nuclear Reactor Regulation

and the Director of the Office of Nuclear

Material Safety and Safeguards, in

writing of such receipt within 5

business days, and of the date of the

closing of the transfers no later than 7

business days prior to the date of

closing. If the transfers are 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 transfers of operating authority for

Prairie Island, 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 140 of the

Commission’s regulations.

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 are

approved. The amendments shall be

issued and made effective at the time

the proposed transfers are 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.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

William F. Kane,

Director, Office of Nuclear Material Safety

and Safeguards.

[FR Doc. 00–12613 Filed 5–18–00; 8:45 am]

BILLING CODE 7590–01–M