Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices 61195

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–289]

In the Matter of AmerGen Energy

Company, LLC (Three Mile Island

Nuclear Station, Unit 1); Order

Approving Application Regarding

Proposed Corporate Restructuring

I

AmerGen Energy Company, LLC

(AmerGen, the licensee) is the holder of

Facility Operating License No. DPR–50,

which authorizes AmerGen to possess,

use, and operate Three Mile Island

Nuclear Station, Unit 1 (TMI–1 or the

facility). The facility is located at the

licensee’s site in Dauphin County,

Pennsylvania. British Energy, Inc., and

PECO Energy Company (PECO) each

own 50 percent of AmerGen.

II

By application dated July 19, 2000,

AmerGen requested approval of the

indirect transfer of the facility operating

license to Exelon Corporation, to the

extent such would occur upon PECO

becoming a subsidiary of Exelon

Corporation, a new 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 a submittal dated September 15,

2000.

Under the proposed merger, PECO

will become a direct or indirect

subsidiary of Exelon Corporation. The

merger was previously the subject of an

AmerGen application dated February

28, 2000, in which AmerGen requested

approval of the indirect transfer of the

TMI–1 license (and certain other

licenses held by AmerGen) that would

occur as a result of a proposed transfer

of PECO’s 50 percent interest in

AmerGen to Exelon Generation

Company, LLC (EGC). EGC is to be

formed in connection with the merger

between Unicom and PECO referred to

above, and will also become a

subsidiary of Exelon Corporation.

British Energy, Inc., is not involved in

the merger and its interest in AmerGen

will remain unchanged. The February

28, 2000, application is still under

review.

According to the July 19, 2000,

application, the transfer of PECO’s 50

percent interest in AmerGen to EGC

may be delayed beyond the closing of

the merger of Unicom and PECO. During

this interim period, Exelon Corporation

would become and continue to be the

direct parent of PECO pending the

receipt of necessary approvals to allow

PECO’s generating assets, including its

interest in AmerGen, to be transferred to

EGC; PECO would continue to hold its

50 percent interest in AmerGen, which

will continue to be the sole owner and

operator of TMI–1.

Approval of the indirect transfer of

the facility operating license that would

occur under the immediately preceding

circumstances was requested by

AmerGen 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 53036). 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 July 19, 2000,

application by AmerGen, the September

15, 2000, supplement, 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 while PECO

continues to hold its ownership interest

in AmerGen, will not affect the

qualifications of AmerGen as holder of

the license described above, and that the

indirect transfer of the license, 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

condition 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, and 184 of the Atomic

Energy Act of 1954, as amended, 42

U.S.C. §§ 2201(b), 2201(i), and 2234;

and 10 CFR 50.80, It is Hereby Ordered

that the application regarding the

indirect license transfer related to the

proposed corporate restructuring is

approved, subject to the following

condition:

(1) 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 application dated July 19,

2000, the supplemental submittal dated

September 15, 2000, and the safety

evaluation dated October 5, 2000, which

are available for public inspection at the

Commission’s Public Document Room

located at 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 Regualtory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–26481 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Docket Nos. 50–295, 50–304

In the Matter of Commonwealth Edison

Company (Zion Nuclear Power Station,

Units 1 and 2); Order Approving

Application Regarding Proposed

Corporate Restructuring

I

Commonwealth Edison Company

(ComEd, the licensee) is the holder of

Facility Operating Licenses Nos. DPR–

39 and DPR–48 for the Zion Nuclear

Power Station, Units 1 and 2 (the

facility). The facility was shut down

permanently in February 1997. ComEd

certified the permanent shutdown on

February 13, 1998, and certified that all

fuel had been removed from the reactor

vessels on March 9, 1998. In accordance

with 10 CFR 50.82(a)(2), the facility

operating licenses no longer authorize

ComEd to operate the reactors or to load

fuel in the reactor vessels. The facility

is located at the licensee’s site in Lake

County, Illinois.

II

By application dated July 7, 2000,

ComEd requested approval of the

proposed indirect transfer of the facility

operating licenses to the extent now

held by ComEd to Exelon Corporation,

to be formed in connection with the

proposed merger of Unicom Corporation

(Unicom), the parent of ComEd, and

PECO Energy Company (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, ComEd

will become a direct or indirect

subsidiary of Exelon Corporation. The

61196 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices

merger was previously the subject of an

order dated August 3, 2000, by which

the U. S. Nuclear Regulatory

Commission approved the transfer of

the Zion 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 ComEd. The August

3, 2000, order effectively allows

ComEd’s Zion 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 ComEd as ComEd continues to

hold the Zion facility pending the

receipt of necessary approvals to allow

the facility to be transferred to EGC.

Specifically, ComEd would continue to

be the sole owner of, and be authorized

to maintain Zion, Units 1 and 2.

By a separate application dated July 7,

2000, PECO 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

ComEd. That application is being

addressed separately.

Approval of the indirect transfer of

the facility operating licenses was

requested by ComEd 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 53041). 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

ComEd, 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

ComEd will not affect the qualifications

of ComEd as holder of the licenses

described above, and that the indirect

transfer of the licenses, to the extent

effected by the proposed corporate

merger, 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) ComEd 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 ComEd 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 ComEd’s consolidated net utility

plant, as recorded on ComEd’s books of

account, provided, however, this condition

shall apply only for so long as ComEd 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 located at 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. 00–26474 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

In the Matter of Commonwealth Edison

Company (Byron Station, Units 1 and

2) Order Approving Application

Regarding Proposed Corporate

Restructuring

Docket Nos. STN 50–454, STN 50–455

I

Commonwealth Edison Company

(ComEd, the licensee) is the holder of

Facility Operating Licenses Nos. NPF–

37 and NPF–66, which authorize the

possession, use, and operation of the

Byron Station, Units 1 and 2 (the

facility). The facility is located at the

licensee’s site in Ogle County, Illinois.

II

By application dated July 7, 2000,

ComEd requested approval of the

proposed indirect transfer of the facility

operating licenses to the extent now

held by ComEd to Exelon Corporation,

to be formed in connection with the

proposed merger of Unicom Corporation

(Unicom), the parent of ComEd, and

PECO Energy Company (PECO).

Supplemental information was provided

by letters 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, ComEd

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 transfer of

the Byron 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 ComEd. The August

3, 2000, order effectively allows

ComEd’s Byron 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 ComEd as ComEd continues to

hold the Byron and other generating

assets pending the receipt of necessary

approvals to allow the generating assets

to be transferred to EGC. Specifically,

ComEd would continue to be the sole

owner and operator of Byron, Units 1

and 2.

By a separate application dated July 7,

2000, PECO 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

ComEd. That application is being

addressed separately.

Approval of the indirect transfer of

the facility operating licenses was

requested by ComEd 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 53043). The

Commission received no comments or

requests for hearing pursuant to such

notice.