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.

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices 61197

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 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. 00–26476 Filed 10–13–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–10, 50–237, 50–249]

In the Matter of Commonwealth Edison

Company (Dresden Nuclear Power

Station, Units 1, 2, and 3); Order

Approving Application Regarding

Proposed Corporate Restructuring

I

Commonwealth Edison Company

(ComEd, the licensee) is the holder of

Facility Operating License No. DPR–2,

which authorizes possession and

maintenance but not operation of

Dresden Nuclear Power Station, Unit 1,

and Facility Operating Licenses Nos.

DPR–19 and DPR–25, which authorize

the possession, use, and operation of the

Dresden Nuclear Power Station, Units 2

and 3. The facility (Dresden, Units 1, 2,

and 3) is located at the licensee’s site in

Grundy 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

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 Dresden 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 Dresden 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 Dresden

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 of, and be

authorized to maintain Dresden, Unit 1,

and would continue to be the sole

owner and operator of Dresden, Units 2

and 3.

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 53038). 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