[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Notices]
[Page 67667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33680]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317, 50-318 and 72-8]


Baltimore Gas Electric Company (Calvert Cliffs Nuclear Power 
Plant, Units 1 and 2, and the Independent Spent Fuel Storage 
Installation); Order Extending the Effectiveness of the Approval of the 
Transfer of Licenses

I

    By Order dated October 18, 1996, the Nuclear Regulatory Commission 
(the Commission or NRC) approved the proposed transfer of Operating 
Licenses Nos. DPR-53 and DPR-69 for the Calvert Cliffs Nuclear Power 
Plant, Units 1 and 2, and Material Licenses No. SNM-2505 for the 
Calvert Cliffs Independent Spent Fuel Storage Installation from 
Baltimore Gas and Electric Company (BGE) to Constellation Energy 
Corporation. The approval was given in response to an application filed 
by BGE dated April 5, 1996, for consent under Sections 50.80 and 72.50 
of Title 10 of the Code of Federal Regulations (10 CFR 50.80 and 10 CFR 
72.50). By its terms, the Order of October 18, 1996, becomes null and 
void if the transfer of the licenses is not consummated by December 31, 
1997, unless on application and for good cause shown, such date is 
extended by the Commission.

II

    By letter dated November 21, 1997, BGE submitted a request for an 
extension of the effectiveness of the Order of October 18, 1996, such 
that approval of the transfers would remain effective until December 
31, 1998. According to this submittal, all of the necessary regulatory 
approvals have been obtained to permit the consummation of the merger 
between BGE and Potomac Electric Power Company, resulting in 
Constellation Energy Corporation. BGE asserts, however, that the 
Maryland and District of Columbia Public Service Commission attached 
conditions to their approvals that are inconsistent with the respective 
merger applications. The companies proposing to merge have filed joint 
requests with the Maryland and District of Columbia Commissions for 
rehearing of their original orders approving the merger.
    According to BGE, an intervenor in the Maryland case appealed the 
Maryland Commission's order approving the merger to the Circuit Court 
in Baltimore Count, and this appeal has delayed the expected merger 
process. The Circuit Court affirmed the Maryland Commission's order on 
October 27, 1997, but the Court's order has now been appealed to the 
Court of Special Appeals of Maryland. The issues being appealed, and 
those that are contained in the requests for rehearing in both Maryland 
and the District of Columbia, do not change the information provided to 
the NRC on which its October 18, 1996, Order was based.
    The staff has considered the foregoing request of November 21, 
1997, and has determined that BGE has demonstrated good cause to extend 
the effectiveness of the Order of October 18, 1996, approving the 
license transfers.

III

    Accordingly, pursuant to Sections 161b and 161i of the Atomic 
Energy Act, as amended, 42 USC Secs. 2201(b) and 2201(l), It is hereby 
ordered that the effectiveness of the Order of October 18, 1996, 
approving the transfer of the licenses described herein is extended 
such that if the subject transfer of licenses is not consummated by 
December 31, 1998, the Order of October 18, 1996, shall become null and 
void.
    This Order is effective upon issuance.
    For further details with respect to this action, see the letter 
dated November 21, 1997, from BGE which is 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 Calvert County Library, Prince Frederick, 
Maryland 20678.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 19th day of December 1997.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-33680 Filed 12-24-97; 8:45 am]
BILLING CODE 7590-01-M