Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Notices 37417

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated June 1, 2000, which

is 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 7th day

of June, 2000.

For the Nuclear Regulatory Commission.

Anthony J. Mendiola,

Chief, Section 2, Project Directorate III,

Division of Licensing Project Management,

Office of Nuclear Reactor Regulation.

[FR Doc. 00–15001 Filed 6–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–219]

In the Matter of GPU Nuclear, Inc., and

Jersey Central Power & Light

Company (Oyster Creek Nuclear

Generating Station); Order Approving

Transfer of License and Conforming

Amendment

I

GPU Nuclear, Inc. (GPUN) and Jersey

Central Power & Light Company (JCP&L)

are the holders of Facility Operating

License No. DPR–16, which authorizes

operation of the Oyster Creek Nuclear

Generating Station (Oyster Creek or the

facility) at steady-state power levels not

in excess of 1930 megawatts thermal.

The facility, which is owned by JCP&L,

is located in Lacey Township, Ocean

County, New Jersey. The license

authorizes GPUN to possess, use, and

operate the facility, and JCP&L to

possess the facility.

II

Under cover of a letter dated

November 5, 1999, GPUN, acting for

itself and on behalf of JCP&L, and

AmerGen Energy Company, LLC

(AmerGen), jointly submitted an

application requesting approval of the

proposed transfer of the Oyster Creek

operating license to AmerGen. GPUN

and AmerGen also jointly requested

approval of a conforming amendment to

reflect the transfer. The application was

supplemented by two letters dated April

6, 2000, and another letter dated April

13, 2000, collectively referred to as the

application herein unless otherwise

indicated.

AmerGen is a limited liability

company that was formed to acquire

and operate nuclear power plants in the

United States. PECO Energy Company

(PECO) and British Energy, Inc., each

own a 50-percent interest in AmerGen.

British Energy, Inc., is a wholly owned

subsidiary of British Energy, plc. After

completion of the proposed transfer,

AmerGen would be the sole owner and

operator of Oyster Creek. The

conforming amendment would remove

the current licensees from the facility

operating license and would add

AmerGen in their place.

Approval of the transfer of the facility

operating license and the conforming

license amendment was requested by

GPUN and AmerGen pursuant to 10

CFR 50.80 and 50.90. Notice of the

request for approval and an opportunity

for a hearing was published in the

Federal Register on December 16, 1999

(64 FR 70292). Pursuant to such notice,

the Commission received a request for a

hearing dated January 5, 2000, from the

Nuclear Information and Resource

Service (NIRS). On May 3, 2000, the

Commission denied the request for a

hearing, and terminated the associated

proceeding. GPU Nuclear, Inc., et al.

(Oyster Creek Nuclear Generating

Station), CLI–00–06, 51 NCR llll,

slip op. (May 3, 2000).

Under 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. After

reviewing the information in the

application and other information

before the Commission, and relying

upon the representations and

agreements contained in the

application, the NRC staff has

determined that AmerGen is qualified to

be the holder of the license, and that the

transfer of the license to AmerGen 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; that the facility will operate in

conformity with the application, the

provisions of the Act and the rules and

regulations of the Commission; that

there is reasonable assurance 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; that the issuance of the

proposed license amendment will be in

accordance with 10 CFR Part 51 of the

Commission’s regulations; and that all

applicable requirements have been

satisfied. The findings set forth above

are supported by the staff’s safety

evaluation dated June 6, 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 the license as

described herein to AmerGen is

approved, subject to the following

conditions:

(1) The AmerGen Limited Liability

Company Agreement dated August 18,

1997, and any subsequent amendments

thereto as of the date of this Order, may

not be modified in any material respect

concerning decision-making authority

over ‘‘safety issues’’ as defined therein

without the prior written consent of the

Director, Office of Nuclear Reactor

Regulation.

(2) At least half of the members of

AmerGen’s Management Committee

shall be appointed by a nonforeign

member group, all of which appointees

shall be U.S. citizens.

(3) The Chief Executive Officer (CEO),

Chief Nuclear Officer (CNO) (if someone

other than the CEO), and Chairman of

AmerGen’s Management Committee

shall be U.S. citizens. They shall have

the responsibility and exclusive

authority to ensure, and shall ensure,

that the business and activities of

AmerGen with respect to the Oyster

Creek operating license are at all times

conducted in a manner consistent with

the protection of the public health and

safety and common defense and security

of the United States.

(4) AmerGen shall cause to be

transmitted to the Director, Office of

Nuclear Reactor Regulation, within 30

days of filing with the U.S. Securities

and Exchange Commission, any

Schedules 13D or 13G filed pursuant to

the Securities Exchange Act of 1934 that

disclose beneficial ownership of any

registered class of stock of PECO or any

37418 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Notices

1By letter dated March 24, 2000, PP&L, Inc.,

informed the Commission that effective February

14, 2000, PP&L, Inc., changed its name to ‘‘PPL

Electric Utilities Corporation.’’ PP&L, Inc., also

informed the Commission of name changes for its

parent and an affiliate. No application for license

amendments to reflect the name change of PP&L,

Inc., was submitted because, according to the

licensee, it believed the amount of time for

processing such an application would cause it to be

approved following a decision on the license

transfers and conforming amendments which are

the subject of this Order. Notwithstanding the above

name change of the PP&L, Inc., entity, since the

licenses for the Susquehanna Steam Electric

Station, Units 1 and 2, have not been amended to

reflect PP&L, Inc.’s new name, PPL Electric Utilities

Corporation, references in this Order to this

particular licensee will use both its former and

current names interchangeably as appropriate in the

given context.

affiliate, successor, or assignee of PECO

to which PECO’s ownership interest in

AmerGen may be subsequently assigned

with the prior written consent of the

NRC.

(5) AmerGen shall provide

decommissioning funding assurance of

no less than $400 million, after payment

of any taxes, deposited in the

decommissioning trust fund for Oyster

Creek when Oyster Creek is transferred

to AmerGen.

(6) The decommissioning trust

agreement for Oyster Creek must be in

a form acceptable to the NRC.

(7) With respect to the

decommissioning trust fund,

investments in the securities or other

obligations of PECO, British Energy,

Inc., AmerGen, or their affiliates,

successors, or assigns shall be

prohibited. Except for investments tied

to market indexes or other nonnuclear

sector mutual funds, investments in any

entity owning one or more nuclear

power plants are prohibited.

(8) The decommissioning trust

agreement for Oyster Creek must

provide that no disbursements or

payments from the trust shall be made

by the trustee unless the trustee has first

given the NRC 30-days prior written

notice of payment. The

decommissioning trust agreement shall

further contain a provision that 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.

(9) The decommissioning trust

agreement must provide that the

agreement cannot be amended in any

material respect without 30-days prior

written notification to the Director,

Office of Nuclear Reactor Regulation.

(10) The appropriate section of the

decommissioning trust agreement shall

state that 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(a)(3) of the

Federal Energy Regulatory

Commission’s regulations.

(11) AmerGen shall take all necessary

steps to ensure that the

decommissioning trust is maintained in

accordance with the application for

approval of the transfer of the Oyster

Creek license and the requirements of

this Order approving the transfer, and

consistent with the safety evaluation

supporting this Order.

(12) AmerGen shall take no action to

cause PECO or British Energy, Inc. or

their affiliates, successors, or assigns, to

void, cancel, or diminish their $200

million contingency commitment to

AmerGen, the existence of which is

represented in the application, or cause

them to fail to perform or impair their

performance under the commitment, or

remove or interfere with AmerGen’s

ability to draw upon the commitment.

Also, AmerGen shall inform the NRC in

writing whenever it draws upon the

$200 million commitment.

(13) Before the completion of the sale

and transfer of Oyster Creek to it,

AmerGen shall provide the Director,

Office of Nuclear Reactor Regulation,

satisfactory documentary evidence that

AmerGen has obtained the appropriate

amount of insurance required of

licensees under 10 CFR Part 140 of the

Commission’s regulations.

(14) After receiving of all required

regulatory approvals of the transfer of

Oyster Creek, GPUN and AmerGen shall

immediately inform the Director, Office

of Nuclear Reactor Regulation, in

writing of such receipt, and state therein

the closing date of the sale and transfer

of Oyster Creek. If the transfer of the

license is not completed by June 30,

2001, this Order shall become null and

void, provided, however, on written

application and for good cause shown,

this 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. The 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

November 5, 1999, two supplemental

letters dated April 6, 2000, and another

supplemental letter dated April 13,

2000, and the safety evaluation dated

June 6, 2000, which are available for

public inspection at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, and are accessible

electronically through the ADAMS

Public Electronic Reading Room link at

the NRC Web site (http://www.nrc.gov).

Dated at Rockville, Maryland, this 6th day

of June 2000.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–14999 Filed 6–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–387 and 50–388]

PP&L, Inc. Allegheny Electric

Cooperative, Inc. (Susquehanna Steam

Electric Station, Units 1 and 2); Order

Approving Transfer of Licenses and

Conforming Amendments

I

PP&L, Inc.,1 and Allegheny Electric

Cooperative, Inc., are the joint owners of

the Susquehanna Steam Electric Station,

Units 1 and 2 (Susquehanna SES),

located in Luzerne, Pennsylvania. They

hold Facility Operating Licenses Nos.

NPF–14 and NPF–22 issued by the U.S.

Nuclear Regulatory Commission (NRC

or Commission) on July 17, 1982, and

March 23, 1984, respectively, pursuant

to Part 50 of Title 10 of the Code of

Federal Regulations (10 CFR Part 50).

Under these licenses, PP&L, Inc.

(currently owner of 90 percent of each

Susquehanna SES unit) is authorized to

possess Susquehanna SES (along with

Allegheny Electric Cooperative, Inc.,

owner of the remaining 10 percent) and

to use and operate Susquehanna SES.

II

By an application dated December 15,

1999, which was supplemented by

submittals dated February 7, March 24,

April 28, May 4, and May 30, 2000

(collectively referred to as the

application herein), PP&L, Inc.,

requested approval of the proposed

transfer of its rights under the operating

licenses for Susquehanna SES to a new,

affiliated nuclear generating company,

PPL Susquehanna, LLC (PPL

Susquehanna). PP&L, Inc., also

requested approval of conforming

amendments to reflect the transfer.

According to the application, PPL

Susquehanna would become the owner

of PP&L, Inc.’’s ownership interest in

both units following approval of the