61202 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices

(2) when special circumstances are

present. The staff accepts the licensee’s

determination that an exemption from

10 CFR 50.60 and Appendix G to Part

50 would be required to approve the use

of Code Case N–641. The staff examined

the licensee’s rationale to support the

exemption request and agrees that the

use of Code Case N–641 would meet the

underlying intent of these regulations.

Based upon a consideration of the

conservatism that is explicitly

incorporated into the methodologies of

(1) 10 CFR Part 50, Appendix G, (2)

Appendix G of the ASME Code, and (3)

Regulatory Guide 1.99, Revision 2, the

staff concludes that application of Code

Case N–641, as described above, would

provide an adequate margin of safety

against brittle failure of the RPV. This is

also consistent with the determination

that the staff has reached for other

licensees under similar conditions

based on the same considerations.

Therefore, the staff concludes that

requesting exemption under the special

circumstances of 10 CFR 50.12(a)(2)(ii)

is appropriate and that the methodology

of Code Case N–641 may be used to

revise the P–T limits in the current and

the proposed TSs for PBNP, Units 1 and

2.

IV

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12(a), the exemption is authorized by

law, will not endanger life or property

or common defense and security, and is,

otherwise, in the public interest.

Therefore, the Commission hereby

grants the licensee an exemption from

the requirements of 10 CFR 50.60(a),

and 10 CFR Part 50, Appendix G, for

PBNP, Units 1 and 2.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will not have

a significant effect on the quality of the

human environment (65 FR 59472).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 6th day

of October 2000.

For the Nuclear Regulatory Commission.

Suzanne C. Black,

Deputy Director Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–26472 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–352, 50–353]

In the Matter of PECO Eenergy

Company (Limerick Generating

Station, Units 1 and 2) Order

Approving Application Regarding

Proposed Corporate Restructuring

I

PECO Energy Company (PECO, the

licensee) is the holder of Facility

Operating Licenses Nos. NPF–39 and

NPF–85, which authorize the

possession, use, and operation of the

Limerick Generating Station (Limerick),

Units 1 and 2 (the facility). The facility

is located at the licensee’s site in

Montgomery County, Pennsylvania.

II

By application dated July 7, 2000,

PECO requested approval of the

proposed indirect transfer of the facility

operating licenses to Exelon

Corporation, to be formed in connection

with the proposed merger of Unicom

Corporation (Unicom), the parent of

Commonwealth Edison Company and

PECO. Supplemental information was

provided by submittals dated July 13

and September 1, 2000. Hereinafter, the

July 7, 2000, application and

supplemental information will be

referred to collectively as the

‘‘application.’’

Under the proposed merger, PECO

will become a direct or indirect

subsidiary of Exelon Corporation. The

merger was previously the subject of an

order dated August 3, 2000, by which

the U. S. Nuclear Regulatory

Commission approved the direct

transfer of the Limerick licenses to

Exelon Generation Company, LLC

(EGC). EGC will be formed in

connection with the merger as an

indirect subsidiary of Exelon

Corporation to acquire the generating

assets of PECO and Commonwealth

Edison Company. The August 3, 2000,

order effectively allows PECO’s

Limerick assets to be transferred to EGC.

According to the application here, the

transfer of these assets may be delayed

beyond the closing of the merger.

During this interim period, Exelon

Corporation would be the direct parent

of PECO as PECO continues to hold the

Limerick and other generating assets

pending the receipt of necessary

approvals to allow the generating assets

to be transferred to EGC. Specifically,

PECO would continue to be the sole

owner and operator of Limerick, Units

1 and 2.

By a separate application dated July 7,

2000, Commonwealth Edison Company

requested approval of the indirect

transfer of the facility operating licenses

that it holds to Exelon Corporation,

which would occur under

circumstances similar to the above for

PECO. That application is being

addressed separately.

Approval of the indirect transfer of

the facility operating licenses was

requested by PECO pursuant to 10 CFR

50.80. Notice of the request for approval

and an opportunity for a hearing was

published in the Federal Register on

August 31, 2000 (65 FR 53045). The

Commission received no comments or

requests for hearing pursuant to such

notice.

Under 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. Upon review

of the information in the application by

PECO, and other information before the

Commission, the NRC staff has

determined that the proposed corporate

restructuring under which Exelon

Corporation will become the parent of

PECO will not affect the qualifications

of PECO as holder of the licenses

described above, and that the indirect

transfer of the licenses, to the extent

effected by the proposed corporate

restructuring, is otherwise consistent

with applicable provisions of law,

regulations, and orders issued by the

Commission, subject to the conditions

set forth below.

The findings set forth above are

supported by a safety evaluation dated

October 5, 2000.

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 application regarding the

indirect license transfers related to the

proposed corporate restructuring is

approved, subject to the following

conditions:

(1) PECO 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 PECO 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 ten percent

(10%) of PECO’s consolidated net utility

plant, as recorded on PECO’s books of

account, provided, however, this condition

shall apply only for so long as PECO holds

a license issued pursuant to 10 CFR Part 50.

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices 61203

(2) Should the proposed merger and

restructuring not be completed by October 5,

2001, this Order shall become null and void,

provided, however, upon written application

and for good cause shown, such date may in

writing be extended.

This Order is effective upon issuance.

For further details with respect to this

Order, see the initial application dated July

7, 2000, and supplemental submittals dated

July 13 and September 1, 2000, and the safety

evaluation dated October 5, 2000, which are

available for public inspection at the

Commission’s Public Document Room, One

White Flint North, 11555 Rockville Pike (first

floor), Rockville, Maryland, 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 5th day

of October 2000.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–26482 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–171, 50–277, 50–278]

In the Matter of PECO Energy

Company (Peach Bottom Atomic

Power Station, Units 1, 2 and 3) Order

Approving Application Regarding

Proposed Corporate Restructuring

I

PECO Energy Company (PECO, the

licensee) is the holder of Facility

Operating License No. DPR–12, which

authorizes possession and maintenance,

but not operation of Peach Bottom

Atomic Power Station, Unit 1, and is a

co-holder of Facility Operating Licenses

Nos. DPR–44, and DPR–56, which

authorize the possession, use, and

operation of the Peach Bottom Atomic

Power Station, Units 2 and 3. PECO is

the licensed operator of Units 2 and 3.

All three units (the facility) are located

at the licensee’s site in York County,

Pennsylvania.

II

By application dated July 7, 2000,

PECO requested approval of the

proposed indirect transfer of the facility

operating licenses to the extent now

held by PECO to Exelon Corporation, to

be formed in connection with the

proposed merger of Unicom Corporation

(Unicom), the parent of Commonwealth

Edison Company and PECO.

Supplemental information was provided

by submittals dated July 13 and

September 1, 2000. Hereinafter, the July

7, 2000, application and supplemental

information will be referred to

collectively as the ‘‘application.’’

Under the proposed merger, PECO

will become a direct or indirect

subsidiary of Exelon Corporation. The

merger was previously the subject of an

order dated August 3, 2000, by which

the U. S. Nuclear Regulatory

Commission approved the direct

transfer of the Peach Bottom licenses, to

the extent held by PECO, to Exelon

Generation Company, LLC (EGC). EGC

will be formed in connection with the

merger as an indirect subsidiary of

Exelon Corporation to acquire the

generating assets of PECO and

Commonwealth Edison Company. The

August 3, 2000, order effectively allows

PECO’s Peach Bottom assets to be

transferred to EGC. According to the

application here, the transfer of these

assets may be delayed beyond the

closing of the merger. During this

interim period, Exelon Corporation

would be the direct parent of PECO as

PECO continues to hold the Peach

Bottom and other generating assets

pending the receipt of necessary

approvals to allow the generating assets

to be transferred to EGC. Specifically,

PECO would continue to be the sole

owner of Peach Bottom, Unit 1, and

would continue to hold a partial

ownership interest in Peach Bottom,

Units 2 and 3. PECO would continue to

be authorized to maintain Peach

Bottom, Unit 1, and would continue to

be the sole operator of Peach Bottom,

Units 2 and 3. The application does not

involve any change with respect to the

other co-holders of the licenses for

Peach Bottom, Units 2 and 3, PSEG

Nuclear LLC, Delmarva Power and Light

Company, and Atlantic City Electric

Company, which hold ownership

interests in these units.

By a separate application dated July 7,

2000, Commonwealth Edison Company

requested approval of the indirect

transfer of the facility operating licenses

that it holds to Exelon Corporation,

which would occur under

circumstances similar to the above for

PECO. That application is being

addressed separately.

Approval of the indirect transfer of

the facility operating licenses was

requested by PECO pursuant to 10 CFR

50.80. Notice of the request for approval

and an opportunity for a hearing was

published in the Federal Register on

August 31, 2000 (65 FR 53044). The

Commission received no comments or

requests for hearing pursuant to such

notice.

Under 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. Upon review

of the information in the application by

PECO, and other information before the

Commission, the NRC staff has

determined that the proposed corporate

restructuring under which Exelon

Corporation will become the parent of

PECO will not affect the qualifications

of PECO as holder of the licenses

described above, and that the indirect

transfer of the licenses, to the extent

effected by the proposed corporate

restructuring, is otherwise consistent

with applicable provisions of law,

regulations, and orders issued by the

Commission, subject to the conditions

set forth below.

The findings set forth above are

supported by a safety evaluation dated

October 5, 2000.

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 application regarding

the indirect license transfers related to

the proposed corporate restructuring is

approved, subject to the following

conditions:

(1) PECO shall provide the Director of the

Office of Nuclear Reactor Regulation and the

Director of the Office of Nuclear Material

Safety and Safeguards a copy of any

application, at the time it is filed, to transfer

(excluding grants of security interests or

liens) from PECO 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 ten percent (10%) of PECO’s

consolidated net utility plant, as recorded on

PECO’s books of account, provided, however,

this condition shall apply only for so long as

PECO holds a license issued pursuant to 10

CFR Part 50.

(2) Should the proposed merger and

restructuring not be completed by October 5,

2001, this Order shall become null and void,

provided, however, upon written application

and for good cause shown, such date may in

writing be extended.

This Order is effective upon issuance.

For further details with respect to this

Order, see the initial application dated

July 7, 2000, and supplemental

submittals dated July 13 and September

1, 2000, and the safety evaluation dated

October 5, 2000, which are available for

public inspection at the Commission’s

Public Document Room, One White

Flint North, 11555 Rockville Pike (first

floor), Rockville, Maryland, and

accessible electronically through the

ADAMS Public Electronic Reading

Room link at the NRC Web site