Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67415

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–33547 Filed 12–23–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–272 and 50–311]

Atlantic City Electric Company

Delmarva Power and Light Company

(Salem Nuclear Generating Station,

Units 1 and 2); Order Approving

Application Regarding Merger

Agreement Between Atlantic Energy,

Inc. (Parent of Atlantic City Electric

Company) and Delmarva Power and

Light Company

I

Atlantic City Electric Company (ACE)

and Delmarva Power and Light

Company (DP&L) are co-holders of

Facility Operating Licenses Nos. DPR–

70 and DPR–75, along with Public

Service Electric and Gas Company

(PSE&G) and Philadelphia Electric

Company [also known as PECO Energy

Company], issued by the U.S. Nuclear

Regulatory Commission (NRC or

Commission) pursuant to Part 50 of

Title 10 of the Code of Federal

Regulations (10 CFR Part 50), for

operation of the Salem Nuclear

Generating Station, Units 1 and 2

(Salem). Under the licenses, PSE&G is

authorized to possess, use, and operate

the facilities, and ACE, DP&L, and

Philadelphia Electric Company are

authorized to possess the facilities.

Salem is located in Salem County, New

Jersey.

II

By application filed by ACE and

DP&L under cover of a letter dated April

30, 1997, from John H. O’Neill, Jr., of

Shaw, Pittman, Potts & Trowbridge,

attorney for ACE and DP&L,

supplemented by letter dated November

7, 1997, ACE and DP&L requested the

Commission’s approval, pursuant to 10

CFR 50.80, of the indirect transfer of the

licenses, to the extent held by ACE and

DP&L, that would result from the

consummation of a merger agreement

between Atlantic Energy, Inc. (parent of

ACE), and DP&L. Under the merger

agreement, Atlantic Energy, Inc. and

DP&L would form a new holding

company, Conectiv, Inc., under which

ACE and DP&L would become wholly

owned subsidiaries. No direct transfer of

the licenses would occur. PSE&G and

Philadelphia Electric Company are not

involved in the merger.

A Notice of Consideration of

Approval of Application Regarding

Proposed Corporate Restructuring was

published in the Federal Register on

December 8, 1997 (62 FR 64600), and an

Environmental Assessment and Finding

of No Significant Impact was published

in the Federal Register on December 8,

1997 (62 FR 64602).

Under 10 CFR 50.80, 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 submitted in the letter and

application of April 30, 1997, and

supplement dated November 7, 1997,

the NRC staff has determined that the

proposed merger of Atlantic Energy, Inc.

and DP&L will not affect the

qualifications of ACE and DP&L as

holders of the licenses, and that the

transfer of control of the licenses for

Salem, to the extent effected by the

proposed merger, is otherwise

consistent with applicable provisions of

law, regulations, and orders issued by

the Commission, subject to the

conditions stated herein. These findings

are supported by a safety evaluation

dated December 18, 1997.

III

Accordingly, pursuant to Sections

161b, 161i, 161o, and 184 of the Atomic

Energy Act of 1954, as amended, 42

USC §§ 2201(b), 2201(i), 2201(o), and

2234, and 10 CFR 50.80, It is hereby

ordered that the Commission approves

the application regarding the proposed

merger of Atlantic Energy, Inc. and

DP&L subject to the following

conditions: (1) ACE shall provide the

Director of the Office of Nuclear Reactor

Regulation a copy of any application, at

the time it is filed, to transfer (excluding

grants of security interests or liens) from

ACE to its proposed parent or to any

other affiliated company, facilities for

the production, transmission, or

distribution of electric energy having a

depreciated book value exceeding 10

percent (10%) of ACE’s consolidated net

utility plant, as recorded on ACE’s

books of account; (2) DP&L shall

provide the Director of the Office of

Nuclear Reactor Regulation a copy of

any application, at the time it is filed,

to transfer (excluding grants of security

interests or liens) from DP&L to its

proposed parent or to any other

affiliated company, facilities for the

production, transmission, or

distribution of electric energy having a

depreciated book value exceeding 10

percent (10%) of DP&L’s consolidated

net utility plant, as recorded on DP&L’s

books of account; and (3) should the

merger of Atlantic Energy, Inc. and

DP&L, as described herein, not be

completed by December 31, 1998, this

Order shall become null and void,

provided, however, on application and

for good cause shown, such date is

extended.

This Order is effective upon issuance.

IV

By January 23, 1998, any person

adversely affected by this Order may file

a request for a hearing with respect to

issuance of the Order. Any person

requesting a hearing shall set forth with

particularity how that interest is

adversely affected by this Order and

shall address the criteria set forth in 10

CFR 2.714(d).

If a hearing is to be held, the

Commission will issue an order

designating the time and place of such

hearing.

The issue to be considered at any

such hearing shall be whether this

Order should be sustained.

Any request for a hearing must be

filed with the Secretary of the

Commission, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and

Adjudications Staff, or may be delivered

to the Commission’s Public Document

Room, The Gelman Building, 2120 L

Street, NW., Washington, D.C. by the

above date. Copies should be also sent

to the Office of the General Counsel and

to the Director, Office of Nuclear

Reactor Regulation, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, and to John H. O’Neill,

Jr., Shaw, Pittman, Potts & Trowbridge,

2300 N Street, NW., Washington, DC,

20037, attorney for ACE and DP&L.

For further details with respect to this

action, see the application filed by ACE

and DP&L under cover of a letter dated

April 30, 1997, from John H. O’Neill, Jr.,

of Shaw, Pittman, Potts & Trowbridge,

as supplemented by a letter dated

November 7, 1997, and the safety

evaluation dated December 18, 1997,

which are available for public

inspection at the Commission’s Public

Document Room, The Gelman Building,

2120 L Street, NW., Washington, DC,

and at the local public document room

located at the Salem Free Public Library,

112 West Broadway, Salem, NJ.

Dated at Rockville, Maryland, this 18th day

of December 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director Office of Nuclear Reactor Regulation.

[FR Doc. 97–33548 Filed 12–23–97; 8:45 am]

BILLING CODE 7590–01–P