Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices 5705

Register. The request for a hearing must

be filed with the Office of the Secretary,

either:

(1) By delivery to the Docketing and

Service Branch of the Office of the

Secretary at One White Flint North,

11555 Rockville Pike, Rockville, MD

20852; or

(2) By mail or telegram addressed to

the Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Attention: Docketing and Service

Branch.

In accordance with 10 CFR 2.1205(e),

each request for a hearing must also be

served, by delivering it personally or by

mail, to:

(1) The applicant, Rio Algom

Corporation, 6305 Waterford Blvd.,

Suite 325, Oklahoma City, Oklahoma

73118, Attention: William Paul

Goranson; and

(2) The NRC staff, by delivery to the

Executive Director for Operations, One

White Flint North, 11555 Rockville

Pike, Rockville, MD 20852, or by mail

addressed to the Executive Director for

Operations, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

In addition to meeting other

applicable requirements of 10 CFR Part

2 of the NRC’s regulations, a request for

a hearing filed by a person other than

an applicant must describe in detail:

(1) The interest of the requestor in the

proceeding;

(2) How that interest may be affected

by the results of the proceeding,

including the reasons why the requestor

should be permitted a hearing, with

particular reference to the factors set out

in § 2.1205(g);

(3) The requestor’s areas of concern

about the licensing activity that is the

subject matter of the proceeding; and

(4) The circumstances establishing

that the request for a hearing is timely

in accordance with § 2.1205(c).

The request must also set forth the

specific aspect or aspects of the subject

matter of the proceeding as to which

petitioner wishes a hearing.

In addition, members of the public

may provide comments on the subject

application within 30 days of the

publication of this notice in the Federal

Register. The comments may be

provided to David L. Meyer, Chief,

Rules Review and Directives Branch,

Division of Freedom of Information and

Publications Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington DC 20555.

Dated at Rockville, Maryland, this 28th day

of January 2000.

For the U.S. Nuclear Regulatory

Commission.

Thomas H. Essig,

Chief, Uranium Recovery and Low Level

Waste Branch, Division of Waste

Management, Office of Nuclear Material

Safety and Safeguards.

[FR Doc. 00–2523 Filed 2–3–00; 8:45 am]

BILLING CODE 7590–01–U

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–266 and 50–301]

Wisconsin Electric Power Company

Point Beach Nuclear Plant, Units 1 and

2; Notice of Consideration of Approval

of Transfer of Operating Authority

Under 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

transfer of operating authority under

Facility Operating Licenses Nos. DPR–

24 and DPR–27 for the Point Beach

Nuclear Plant, Units 1 and 2, currently

held by Wisconsin Electric Power

Company (WEPCo), as owner and

licensed operator of Point Beach, Units

1 and 2. The transfer would be to a new

operating company called Nuclear

Management Company, LLC (NMC). The

Commission is also considering

amending the licenses for

administrative purposes to reflect the

proposed transfer. If authorized to

operate the facility, NMC, according to

the application, will also act as the

general licensee for the Independent

Spent Fuel Storage Installation at Point

Beach, Units 1 and 2, pursuant to 10

CFR 72.210.

By application dated November 24,

1999, seeking approval of the transfer,

the Commission was informed that

WEPCo has entered into a Nuclear

Power Plant Operating Services

Agreement with NMC. Under this

Agreement, NMC is to assume exclusive

responsibility for the operation and

maintenance of Point Beach, Units 1

and 2. WEPCo’s ownership of Point

Beach, Units 1 and 2, will not be

affected by the proposed transfer of

operating authority, according to the

application. Likewise, WEPCo’s

entitlement to capacity and energy from

Point Beach, Units 1 and 2, will not be

affected by the transfer of operating

authority. No physical changes to the

facility or operational changes are being

proposed in the application.

The proposed amendments would

reflect the transfer of authority under

the licenses to operate Point Beach,

Units 1 and 2, from WEPCo to NMC.

Pursuant to 10 CFR 50.80, 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 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 amendments, 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

license of a utilization facility which

does no more than conform the license

to reflect the transfer action involves no

significant hazards consideration. 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.

By February 24, 2000, any person

whose interest may be affected by the

Commission’s action on the application

may request a hearing, and, if not the

applicants, 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 M, ‘‘Public

Notification, Availability of Documents

and Records, Hearing Requests and

Procedures for Hearings on License

Transfer Applications,’’ of 10 CFR Part

2. In particular, such requests and

petitions must comply with the

requirements set forth in 10 CFR 2.1306,

and should address the considerations

contained in 10 CFR 2.1308(a).

Untimely requests and petitions may be

denied, as provided in 10 CFR

2.1308(b), unless good cause for failure

5706 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices

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

2.1308(b)(1)–(2).

Requests for a hearing and petitions

for leave to intervene should be served

upon John H. O’Neill, Jr., counsel for

WEPCo, at Shaw, Pittman, Potts, and

Trowbridge, 2300 N Street, NW,

Washington, DC 20037 (tel: 202–663–

8148; fax: 202–663–8007; e-mail:

john.o’neill@shawpittman.com); and the

General Counsel, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555 (e-mail address for filings

regarding license transfer cases only:

OGCLT@NRC.gov); 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 2.1313.

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, by

March 3, 2000, 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

November 24, 1999, available for public

inspection at the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC,

and accessible electronically through

the ADAMS Public Electronic Reading

Room link at the NRC Web site (http:/

/www.nrc.gov).

Dated at Rockville, Maryland this 31st day

of January 2000.

For the Nuclear Regulatory Commission.

Claudia M. Craig,

Chief, Section 1, Project Directorate III,

Division of Licensing Project Management,

Office of Nuclear Reactor Regulation.

[FR Doc. 00–2521 Filed 2–3–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–305]

Wisconsin Public Service Corporation,

Wisconsin Power and Light Company,

Madison Gas and Electric Company,

Kewaunee Nuclear Power Plant; Notice

of Consideration of Approval of

Transfer of Operating Authority Under

Facility Operating License and

Conforming Amendment, 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

transfer of operating authority under

Facility Operating License No. DPR–43

for the Kewaunee Nuclear Power Plant,

currently held by Wisconsin Public

Service Corporation (WPSC), Wisconsin

Power and Light Company (WP&L), and

Madison Gas and Electric Company

(MGE), as owners and licensed

operators of Kewaunee. The transfer

would be to a new operating company

called Nuclear Management Company,

LLC (NMC). The Commission is also

considering amending the license for

administrative purposes to reflect the

proposed transfer.

By application dated November 24,

1999, as supplemented December 7,

1999, seeking approval of the transfer,

the Commission was informed that

WPSC, on behalf of itself and WP&L and

MGE, has entered into a Nuclear Power

Plant Operating Services Agreement

with NMC. Under this Agreement, NMC

would assume exclusive responsibility

for the operation and maintenance of

Kewaunee. Ownership of Kewaunee by

the current co-owners, WPSC, WP&L,

and MGE, will not be affected by the

proposed transfer of operating authority,

according to the application. Likewise,

the current owners’ entitlement to

capacity and energy from Kewaunee

will not be affected by the transfer of

operating authority. No physical

changes to the facility or operational

changes are being proposed in the

application.

The proposed amendment would

reflect the transfer of authority under

the license to operate Kewaunee from

the current licensees to NMC.

Pursuant to 10 CFR 50.80, 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 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

license of a utilization facility which

does no more than conform the license

to reflect the transfer action involves no

significant hazards consideration. 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.

By February 24, 2000, any person

whose interest may be affected by the

Commission’s action on the application

may request a hearing, and, if not the

applicants, 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 M, ‘‘Public

Notification, Availability of Documents

and Records, Hearing Requests and

Procedures for Hearings on License

Transfer Applications,’’ of 10 CFR Part

2. In particular, such requests and

petitions must comply with the

requirements set forth in 10 CFR 2.1306,

and should address the considerations

contained in 10 CFR 2.1308(a).

Untimely requests and petitions may be

denied, as provided in 10 CFR

2.1308(b), unless good cause for failure

to file on time is established. In

addition, an untimely request or