39954 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices

pursuant to the Decommissioning

Agreements. Under those Agreements,

PASNY and Entergy Nuclear, Inc. (ENI)

are required to enter into an agreement

whereby ENI would decommission the

plant in accordance with the

Decommissioning Agreements. Entergy

Nuclear FitzPatrick, through its

authorized agent, ENO, would at all

times retain ultimate control over the

decommissioning activities of ENI and

its contractors.

Upon closing, all employees within

the PASNY’s Nuclear Generation

Department, and certain other

employees supporting the Nuclear

Generation Department, will become

employees of ENO. No physical changes

to the FitzPatrick facility or operational

changes are being proposed in the

application.

Entergy Nuclear FitzPatrick, a

Delaware Corporation, is an indirect

wholly owned subsidiary of Entergy

Corporation, and a wholly owned

indirect subsidiary of Entergy Nuclear

Holding Company #1. ENO, a Delaware

Corporation, is an indirect wholly

owned subsidiary of Entergy

Corporation, and a direct wholly owned

subsidiary of Entergy Nuclear Holding

Company #2.

The proposed amendment would

replace references to PASNY in the

license with references to Entergy

Nuclear FitzPatrick and/or ENO, and

make other necessary administrative

changes to reflect the proposed transfer.

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 transfer of a license,

if the Commission determines that the

proposed transferee is qualified to hold

the license, and that the transfer is

otherwise consistent with applicable

provisions of law, regulations, and

orders issued by the Commission

pursuant thereto.

Before issuance of the proposed

conforming license amendment, the

Commission will have made findings

required by the Atomic Energy Act of

1954, as amended (the Act), and the

Commission’s regulations.

As provided in 10 CFR 2.1315, unless

otherwise determined by the

Commission with regard to a specific

application, the Commission has

determined that any amendment to the

license of a utilization facility which

does no more than conform the license

to reflect the transfer action involves no

significant hazards consideration. No

contrary determination has been made

with respect to this specific license

amendment application. In light of the

generic determination reflected in 10

CFR 2.1315, no public comments with

respect to significant hazards

considerations are being solicited,

notwithstanding the general comment

procedures contained in 10 CFR 50.91.

The filing of requests for hearing and

petitions for leave to intervene, and

written comments with regard to the

license transfer application, are

discussed below.

By July 18, 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 Mr. Douglas Levanway, Wise,

Carter, Child and Caraway, P.O. Box

651, Jackson, MS 39205, Phone: 601–

968–5524, Fax: 601–968–5519, E-mail:

del@wisecarter.com; Mr. Gerald

Goldstein, Asst. General Counsel, New

York Power Authority, 1633 Broadway,

New York, NY 10019–6756, Phone:

212–468–6131, Fax: 212–468–6206, Email: goldstein.g@nypa.gov; the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555 (email address for filings regarding license

transfer cases only: OGCLT@NRC.gov);

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

July 28, 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 20555–0001, Attention: Rulemakings

and Adjudications Staff, and should cite

the publication date and page number of

this Federal Register notice.

For further details with respect to this

action, see the applications dated May

11, 2000, and May 12, 2000, as

supplemented by letters dated June 13,

2000, and June 16, 2000, 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 23rd day

of June, 2000.

For The Nuclear Regulatory Commission.

Guy S. Vissing,

Senior Project Manager, Section 1, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–16295 Filed 6–27–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–286]

Power Authority of the State of New

York Indian Point Nuclear Generating

Unit No. 3; Notice of Consideration of

Approval of Transfer of Facility

Operating License and Conforming

Amendment, 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

transfer of Facility Operating License

No. DRP–64 for the Indian Point

Nuclear Generating Unit No. 3 (IP3)

currently held by the Power Authority

of the State of New York (PASNY), as

owner and operator of IP3. The transfer

would be to Entergy Nuclear Indian

Point 3 (Entergy Nuclear IP3), the

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39955

proposed owner of IP3, and to Entergy

Nuclear Operations, Inc. (ENO), the

proposed operator of IP3. The

Commission is also considering

amending the license for administrative

purposes to reflect the proposed

transfer.

According to applications for

approval filed by PASNY, Entergy

Nuclear IP3, and ENO, Entergy Nuclear

IP3 would assume title to the facility

following approval of the proposed

license transfer, and ENO would

become responsible for the operation,

and maintenance of IP3. The application

states that regulatory responsibility for

decommissioning the plant will transfer

to Entergy Nuclear IP3 upon transfer of

the license and closing of transactions.

Pursuant to the Decommissioning

Agreements and subject to the monetary

limits in those Agreements, PASNY will

have a contractual obligation to Entergy

Nuclear IP3 to decommission the plant.

PASNY will have the option, upon

occurrence of certain events specified in

the Decommissioning Agreements, to

terminate this contractual obligation.

Upon such termination, PASNY would

have no further contractual

responsibility to Entergy Nuclear IP3 to

decommission the plant and no further

involvement with the decommissioning

process; also, the Decommissioning

Funds must be transferred to Entergy

Nuclear IP3. If PASNY does not

terminate its contractual responsibility

before the dismantling of IP3 begins,

PASNY’s contractual responsibility

would be carried out pursuant to the

Decommissioning Agreements. Under

these Agreements, PASNY and Entergy

Nuclear, Inc. (ENI) are required to enter

into an agreement whereby ENI would

decommission the plant in accordance

with the Decommissioning Agreements.

Entergy Nuclear IP3, through its

authorized agent, ENO, would, at all

times, retain ultimate control over the

decommissioning activities of ENI and

its contractors.

No physical changes to the IP3 facility

or operational changes are being

proposed in the application. Upon

closing, all employees within PASNY’s

Nuclear Generation Department, and

certain other employees supporting the

Nuclear Generation Department, will

become employees of ENO.

Entergy Nuclear IP3, a Delaware

Corporation, is an indirect wholly

owned subsidiary of Entergy

Corporation, and a wholly owned

indirect subsidiary of Entergy Nuclear

Holding Company #1.

ENO, a Delaware Corporation, is an

indirect wholly owned subsidiary of

Entergy Corporation, and a direct

wholly owned subsidiary of Entergy

Nuclear Holding Company #2.

The proposed amendment would

replace references to PASNY in the

license with references to Entergy

Nuclear IP3 and/or ENO, and make

other necessary administrative changes

to reflect the proposed transfer.

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 transfer of a license,

if the Commission determines that the

proposed transferee is qualified to hold

the license, and that the transfer is

otherwise consistent with applicable

provisions of law, regulations, and

orders issued by the Commission

pursuant thereto.

Before issuance of the proposed

conforming license amendment, the

Commission will have made findings

required by the Atomic Energy Act of

1954, as amended (the Act), and the

Commission’s regulations.

As provided in 10 CFR 2.1315, unless

otherwise determined by the

Commission with regard to a specific

application, the Commission has

determined that any amendment to the

license of a utilization facility which

does no more than conform the license

to reflect the transfer action involves no

significant hazards consideration. No

contrary determination has been made

with respect to this specific license

amendment application. In light of the

generic determination reflected in 10

CFR 2.1315, no public comments with

respect to significant hazards

considerations are being solicited,

notwithstanding the general comment

procedures contained in 10 CFR 50.91.

The filing of requests for hearing and

petitions for leave to intervene, and

written comments with regard to the

license transfer application, are

discussed below.

By July 18, 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 Mr. Douglas Levanway, Wise,

Carter, Child and Caraway, P.O. Box

651, Jackson, MS 39205, Phone: 601–

968–5524, Fax: 601–968–5519, E-mail:

del@wisecarter.com; Mr. Gerald

Goldstein, Asst. General Counsel, New

York Power Authority, 1633 Broadway,

New York, NY 10019–6756, Phone:

212–468–6131, Fax: 212–468–6206, Email: goldstein.g@nypa.gov; the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555

(email address for filings regarding

license transfer cases only:

OGCLT@NRC.GOV); 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

July 28, 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 20555–0001, Attention: Rulemakings

and Adjudications Staff, and should cite

the publication date and page number of

this Federal Register notice.

For further details with respect to this

action, see the applications dated May

11, 2000, and May 12, 2000, and the

responses to the Commission’s June 14,

2000, request for additional information

dated June 13, 2000, and June 16, 2000,

available for public inspection at the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

39956 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices

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 23rd day

of June 2000.

For the Nuclear Regulatory Commission.

George F. Wunder,

Project Manager, Section 1, Project

Directorate 1, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–16296 Filed 6–27–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Biweekly Notice; Applications and

Amendments to Facility Operating

Licenses Involving No Significant

Hazards Considerations

I. Background

Pursuant to Public Law 97–415, the

U.S. Nuclear Regulatory Commission

(the Commission or NRC staff) is

publishing this regular biweekly notice.

Public Law 97–415 revised section 189

of the Atomic Energy Act of 1954, as

amended (the Act), to require the

Commission to publish notice of any

amendments issued, or proposed to be

issued, under a new provision of section

189 of the Act. This provision grants the

Commission the authority to issue and

make immediately effective any

amendment to an operating license

upon a determination by the

Commission that such amendment

involves no significant hazards

consideration, notwithstanding the

pendency before the Commission of a

request for a hearing from any person.

This biweekly notice includes all

notices of amendments issued, or

proposed to be issued from June 3, 2000,

through June 16, 2000. The last

biweekly notice was published on June

14, 2000 (65 FR 37420).

Notice of Consideration of Issuance of

Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The Commission has made a

proposed determination that the

following amendment requests involve

no significant hazards consideration.

Under the Commission’s regulations in

10 CFR 50.92, this means that operation

of the facility in accordance with the

proposed amendment would not (1)

involve a significant increase in the

probability or consequences of an

accident previously evaluated; or (2)

create the possibility of a new or

different kind of accident from any

accident previously evaluated; or (3)

involve a significant reduction in a

margin of safety. The basis for this

proposed determination for each

amendment request is shown below.

The Commission is seeking public

comments on this proposed

determination. Any comments received

within 30 days after the date of

publication of this notice will be

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 30-day notice period.

However, should circumstances change

during the notice period such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

30-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received before

action is taken. Should the Commission

take this action, it will publish in the

Federal Register a notice of issuance

and provide for opportunity for a

hearing after issuance. The Commission

expects that the need to take this action

will occur very infrequently.

Written comments may be submitted

by mail to the Chief, Rules Review and

Directives Branch, Division of Freedom

of Information and Publications

Services, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, and

should cite the publication date and

page number of this Federal Register

notice. Written comments may also be

delivered to Room 6D22, Two White

Flint North, 11545 Rockville Pike,

Rockville, Maryland from 7:30 a.m. to

4:15 p.m. Federal workdays. Copies of

written comments received may be

examined at the NRC Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC. The filing

of requests for a hearing and petitions

for leave to intervene is discussed

below.

By July 28, 2000, the licensee may file

a request for a hearing with respect to

issuance of the amendment to the

subject facility operating license and

any person whose interest may be

affected by this proceeding and who

wishes to participate as a party in the

proceeding must file a written request

for a hearing and a petition for leave to

intervene. Requests for a hearing and a

petition for leave to intervene shall be

filed in accordance with the

Commission’s ‘‘Rules of Practice for

Domestic Licensing Proceedings’’ in 10

CFR part 2. Interested persons should

consult a current copy of 10 CFR 2.714

which is available at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, and electronically

from the ADAMS Public Library

component on the NRC Web site,

http://www.nrc.gov (the Electronic

Reading Room). If a request for a hearing

or petition for leave to intervene is filed

by the above date, the Commission or an

Atomic Safety and Licensing Board,

designated by the Commission or by the

Chairman of the Atomic Safety and

Licensing Board Panel, will rule on the

request and/or petition; and the

Secretary or the designated Atomic

Safety and Licensing Board will issue a

notice of a hearing or an appropriate

order.

As required by 10 CFR 2.714, a

petition for leave to intervene shall set

forth with particularity the interest of

the petitioner in the proceeding, and

how that interest may be affected by the

results of the proceeding. The petition

should specifically explain the reasons

why intervention should be permitted

with particular reference to the

following factors: (1) The nature of the

petitioner’s right under the Act to be

made a party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order which may be

entered in the proceeding on the

petitioner’s interest. The petition should

also identify the specific aspect(s) of the

subject matter of the proceeding as to

which petitioner wishes to intervene.

Any person who has filed a petition for

leave to intervene or who has been

admitted as a party may amend the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of the contention and a concise

statement of the alleged facts or expert

opinion which support the contention

and on which the petitioner intends to

rely in proving the contention at the