[Federal Register Volume 65, Number 98 (Friday, May 19, 2000)]
[Notices]
[Pages 31940-31941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12614]


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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.

[[Page 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