[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Notices]
[Pages 61199-61200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26485]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-456, STN 50-457]


In the Matter of Commonwealth Edison Company (Braidwood 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. NPF-72 and NPF-77, which authorize the

[[Page 61200]]

possession, use, and operation of the Braidwood Station, Units 1 and 2 
(the facility). The facility is located at the licensee's site in Will 
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 Braidwood 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 Braidwood 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 Braidwood 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 Braidwood, 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 53042). 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 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 U.S.C. 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 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. 00-26485 Filed 10-13-00; 8:45 am]
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