61194 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices

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, 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 Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–26475 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–219]

In the Matter of AmerGen Energy

Company, LLC (Oyster Creek Nuclear

Generating Station); Order Approving

Application Regarding Proposed

Corporate Restructuring

I

AmerGen Energy Company, LLC

(AmerGen, the licensee) is the holder of

Facility Operating License No. DPR–16,

which authorizes AmerGen to possess,

use, and operate Oyster Creek Nuclear

Generating Station (Oyster Creek or the

facility). The facility is located at the

licensee’s site in Ocean County, New

Jersey. 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

Oyster Creek 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. 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 Oyster Creek.

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 53034). 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

USC 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, 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 Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–26480 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P