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[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9035-9036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3474]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266, 50-301, and 72-5]

Nuclear Management Company, LLC; Wisconsin Electric Power Company 
Point Beach Nuclear Plant, Unit Nos. 1 and 2, and Independent Spent 
Fuel Storage Installation; Notice of Consideration of Approval of 
Transfer of Renewed Facility Operating Licenses and Conforming 
Amendments 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 
direct transfer of the Renewed Facility Operating Licenses, which are 
numbered DPR-24 and DPR-27, for the Point Beach Nuclear Plant, Unit 
Nos. 1 and 2 (Point Beach), currently held by Wisconsin Electric Power 
Company (WEPCO), as owner, and Nuclear Management Company, LLC (NMC), 
as operating authority, of Point Beach. The transfer would be to FPL 
Energy Point Beach, LLC (FPLE Point Beach). WEPCO and NMC are also 
seeking, as an option, approval to transfer the operating authority for 
Point Beach from NMC to FPLE Point Beach prior to the closing for the 
transfer of ownership. The Commission is considering amending the 
licenses for administrative purposes to reflect the proposed transfers.
    According to an application for approval dated January 26, 2007, 
and filed by WEPCO and NMC, FPLE Point Beach would acquire ownership of 
the facility following approval of the proposed transfer of licenses, 
and would be responsible for the operation and maintenance of Point 
Beach. FPLE Point Beach will also take title to the general license for 
the independent spent fuel storage installation. In addition, WEPCO and 
FPLE Point Beach have signed an Interim Operating Agreement that would 
permit WEPCO, at its option, and upon receipt of applicable regulatory 
approvals, to transfer operating authority to FPLE Point Beach prior to 
the closing for the ownership transfer. In a separate letter from FPLE 
Point Beach dated January 26, 2007, FPLE Point Beach provided the 
proprietary versions of several enclosures to the application from NMC 
and WEPCO that include proprietary financial information to support the 
application.
    No physical changes to the Point Beach facility or operational 
changes are being proposed in the application.
    The proposed amendments would replace references to WEPCO and NMC 
in the licenses with references to FPLE Point Beach, to reflect the 
proposed transfer.
    Pursuant to 10 CFR 50.80 and 72.50, 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 direct 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

[[Page 9036]]

license of a utilization facility, which does no more than conform the 
licenses to reflect the transfer action, involves no significant 
hazards consideration and no genuine issue as to whether the health and 
safety of the public will be significantly affected. 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.
    Within 20 days from the date of publication of this notice, any 
person whose interest may be affected by the Commission's action on the 
application may request a hearing and, if not the applicant, 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 C ``Rules of General Applicability: 
Hearing Requests, Petitions to Intervene, Availability of Documents, 
Selection of Specific Hearing Procedures, Presiding Officer Powers, and 
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR 
Part 2. In particular, such requests and petitions must comply with the 
requirements set forth in 10 CFR 2.309. Untimely requests and petitions 
may be denied, as provided in 10 CFR 2.309(c)(1), 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 2.309(c)(1)(I)-(viii).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Arthur H. Domby, Troutman Sanders LLP, 600 Peachtree 
Street, Atlanta, GA 30308, telephone: 404-885-3130, facsimile: 404-962-
6546, e-mail: [email protected]; Jonathan Rogoff, Vice 
President, General Counsel and Secretary, Nuclear Management Company, 
LLC, 700 First Street, Hudson, WI 54016, telephone: 715-377-3316, 
facsimile: 715-386-1013, e-mail: [email protected]; Mitchell S. 
Ross, Associate General Counsel, FPL Energy Point Beach, LLC, 700 
Universe Blvd., Juno Beach, Florida 33408, telephone: 561-691-7126, 
facsimile: 561-691-7135, e-mail: [email protected]; the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 
(e-mail address for filings regarding license transfer cases only: 
[email protected]); 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 2.302 
and 2.305.
    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, within 30 days from the date of publication of this notice, 
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 
application dated January 26, 2007, available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible 
electronically from the Agency wide Documents Access and Management 
System's (ADAMS) Public Electronic Reading Room on the Internet at the 
NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do 
not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS should contact the NRC PDR Reference staff 
by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to 
[email protected].

    Dated at Rockville, Maryland this 22nd day of February 2007.

    For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Plant Licensing Branch III-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E7-3474 Filed 2-27-07; 8:45 am]
BILLING CODE 7590-01-P
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