Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67413

FEE SCHEDULE EFFECTIVE JANUARY 1, 1998—Continued

[(Based on FY 1997 data]

Action Title Hourly Rate Flat Rate

00 Retesting for Approval as a Result of Post-Approval Product Audit 3 .............................................................. .................... ....................

1Full approval fee consists of evaluation cost plus applicable test costs.

2Fee covers SRA application accompanied by up to five documents.

3Fee based upon the approval schedule in effect at the time of retest.

Note: When testing and evaluation are required at locations other than MSHA’s premises, the applicant shall reimburse MSHA for traveling,

subsistence, and incidental expenses of MSHA’s representation in accordance with standardized government travel regulations. This reimbursement is in addition to the fees charged for evaluation and testing.

[FR Doc. 97–33584 Filed 12–23–97; 8:45 am]

BILLING CODE 4510–43–P

NUCLEAR REGULATORY

COMMISSION

Docket No. 50–354

Atlantic City Electric Company (Hope

Creek Generating Station); 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 Public Service Electric and Gas

Company (PSE&G) are co-holders of

Facility Operating License No. NPF–57,

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 Hope Creek

Generating Station (Hope Creek). Under

the license, PSE&G is authorized to

possess, use, and operate the facility,

and ACE is authorized to possess the

facility. Hope Creek is located in Salem

County, New Jersey.

II

By application filed by ACE under

cover of a letter dated April 30, 1997,

from John H. O’Neill, Jr., of Shaw,

Pittman, Potts & Trowbridge, attorney

for ACE, supplemented by letter dated

November 7, 1997, ACE requested the

Commission’s approval, pursuant to 10

CFR 50.80, of the indirect transfer of the

license, to the extent held by ACE, that

would result from the consummation of

a merger agreement between Atlantic

Energy, Inc. (parent of ACE) and

Delmarva Power and Light Company

(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 license would

occur. PSE&G is 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 64603).

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 as a holder of the

license, and that the transfer of control

of the license for Hope Creek, 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; and (2) 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, DC 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.

For further details with respect to this

action, see the application filed by ACE

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
67414 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

at the Pennsville Public Library, 190

South Broadway, Pennsville, 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. 97–33546 Filed 12–23–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–277 and 50–278]

Atlantic City Electric Company

Delmarva Power and Light Company

(Peach Bottom Atomic Power Station,

Units 2 and 3); 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–

44 and DPR–56, along with Public

Service Electric and Gas Company

(PSE&G) and 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 Peach

Bottom Atomic Power Station, Units 2

and 3 (PBAPS). Under the licenses,

PECO Energy Company is authorized to

possess, use, and operate the facilities,

and ACE, DP&L, and PSE&G are

authorized to possess the facilities.

PBAPS is located in York County,

Pennsylvania.

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

PECO Energy 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 64601), and an

Environmental Assessment and Finding

of No Significant Impact was published

in the Federal Register on December 8,

1997 (62 FR 64601).

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

PBAPS, 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, DC 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

in the Government Publications Section,

State Library of Pennsylvania,

(REGIONAL DEPOSITORY) Education

Building, Walnut Street and

Commonwealth Avenue, Box 1601,

Harrisburg, Pennsylvania.

Dated at Rockville, Maryland, this 18th day

of December 1997.