[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5703-5704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2520]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331]


IES Utilities Inc.; Duane Arnold Energy Center; 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-49 for the Duane Arnold Energy Center (DAEC), currently held by IES 
Utilities Inc. 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, seeking approval of the 
transfer, the Commission was informed that IES Utilities Inc., 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 DAEC. Ownership of DAEC will not 
be affected by the proposed transfer of operating authority; IES 
Utilities Inc., the Central Iowa Power Cooperative, and the Corn Belt 
Power Cooperative will retain their respective current ownership 
interests, according to the application. Likewise, the three owners' 
entitlement to capacity and energy from DAEC will not be affected by 
the proposed 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 DAEC from IES Utilities Inc., 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.

[[Page 5704]]

    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 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 Alvin H. Gutterman, counsel for IES Utilities Inc., at 
Morgan, Lewis & Bockius LLP, 1800 M Street, NW, Washington, DC 20036-
5869 (tel: 202-467-7468; fax: 202-467-7176; e-mail: 
<a href="/cdn-cgi/l/email-protection#5839303f2d2c2c3d2a3539361835343a763b3735"><span class="__cf_email__" data-cfemail="c3a2aba4b6b7b7a6b1aea2ad83aeafa1eda0acae">[email protected]</span></a>); and the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555 (e-mail address for filings regarding 
license transfer cases only: <a href="/cdn-cgi/l/email-protection#81cec6c2cdd5c1cfd3c2afe6eef7"><span class="__cf_email__" data-cfemail="155a52565941555b47563b727a63">[email protected]</span></a>); 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 6, 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. 00-2520 Filed 2-3-00; 8:45 am]
BILLING CODE 7590-01-P


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