Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8783

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and make it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC, by

the above date. Where petitions are filed

during the last 10 days of the notice

period, it is requested that the petitioner

promptly so inform the Commission by

a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to S. Singh

Bajwa: petitioner’s name and telephone

number, date petition was mailed, plant

name, and publication date and page

number of this Federal Register notice.

A copy of the petition should also be

sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, and to Jay E. Silbert, Esquire,

Shaw, Pittman, Potts and Trowbridge,

2300 N Street, NW., Washington, DC,

20037 attorney for the licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated January 31, 1997, as

supplemented February 13, 1997, 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.

Dated at Rockville, Maryland, this 20th day

of February 1997.

For the Nuclear Regulatory Commission.

Alexander W. Dromerick,

Senior Project Manager, Project Directorate

I–1, Division of Reactor Projects—I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 97–4701 Filed 2–25–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–331]

IES Utilities Inc., Central Iowa Power

Cooperative, Corn Belt Power

Cooperative, Duane Arnold Energy

Center; Notice of Consideration of

Approval of Application Regarding

Merger

Notice is hereby given that the United

States Nuclear Regulatory Commission

(the Commission) is considering the

issuance of an order approving under 10

CFR 50.80 an application regarding the

proposed merger involving IES

Industries (IESI), the parent company of

IES Utilities Inc. (IESU). IESU is the

licensee for the Duane Arnold Energy

Center (DAEC). By letter dated

September 27, 1996, IESU informed the

Commission that under a merger

agreement among IESI, WPL Holdings,

and Interstate Power Corporation, IESI

will merge with and into a WPL

Holdings (WPLH), and Interstate Power

Corporation will become a subsidiary of

WPLH. WPLH will be renamed

Interstate Energy Corporation (IEC) of

which IESU would become a whollyowned subsidiary. IESU will remain the

holder of its license for DAEC. Under

the merger agreement, current

stockholders of IESI, WPLH, and IPC

will become stockholders of IEC

pursuant to a formula stipulated in the

merger agreement. IESU requested the

Commission’s approval regarding the

proposed transactions to the extent they

effect an indirect transfer of control of

the DAEC license, pursuant to 10 CFR

50.80. IESU would remain an electric

utility as defined in 10 CFR 50.2,

engaged in the generation, transmission,

and distribution of electric energy for

wholesale and retail sale, subject to the

rate regulation of the Iowa Utilities

Board and the Federal Energy

Regulatory Commission.

Pursuant to 10 CFR 50.80, the

Commission may approve the transfer of

control of a license after notice to

interested persons. Such approval is

contingent upon the Commission’s

determination that the holder of the

license following the transfer is

qualified to hold the license and that the

transfer is otherwise consistent with

applicable provisions of law,

regulations, and orders of the

Commission.

For further details with respect to this

proposed action, see the licensee’s letter

dated September 27, 1996, with the

following exhibits: (A) Information to

support the request for the

Commission’s consent. (B) A copy of the

merger agreement executed among IES

Industries Inc., WPL Holdings, Inc., and

Interstate Power Corporation. These

documents are available for public

inspection at the Commission’s Public

Document Room, 2120 L Street, NW.,

Washington, DC, and at the local public

document room located in the Cedar

Rapids Public Library, 500 First Street,

SE., Cedar Rapids, IA 52401.

Dated at Rockville, Maryland, this 19th day

of February 1997.

Glenn B. Kelly,

Project Manager, Project Directorate III–3,

Division of Reactor Projects III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–4700 Filed 2–25–97; 8:45 am]

BILLING CODE 7590–01–P

Toledo Edison Company Centerior

Service Company; and the Cleveland

Electric Illuminating Company; DavisBesse Nuclear Power Station, Unit No.

1 Notice of Consideration of Issuance

of Amendment to Facility Operating

License, Proposed no Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

[Docket No. 50–346]

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License No. NPF–

3, issued to the Toledo Edison

Company, Centerior Service Company,

and The Cleveland Electric Illuminating

Company (the licensee), for operation of

the Davis-Besse Nuclear Power Station,

Unit No. 1 located in Ottawa County,

Ohio.

The proposed amendment would

revise Technical Specification (TS)

Section 3/4.5.2, ‘‘Emergency Core

Cooling Systems, ECCS Subsystems—

Tavg ≥ 280 °F.’’ Surveillance requirement

(SR) 4.5.2.f would be modified to state

that opening and closing of the

inspection port on the watertight

enclosure for the decay heat valve pit

would not require this surveillance

procedure to be performed. The

applicable TS bases would also be

changed.

The licensee’s submittal is being

processed as an exigent TS amendment

request pursuant to 10 CFR 50.91(a)(6),

as a followup to the Notice of

Enforcement Discretion (NOED) issued

by the Commission on February 12,

1997.