63630 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Notices

compliance with NRC requirements and

that the health and safety of the public

will be protected if Mr. Lillard were

permitted to be involved in NRClicensed activities at this time.

Therefore, the public health, safety and

interest require that Mr. Lillard be

prohibited from any involvement in

NRC-licensed activities for a period of

five years from the date of this Order.

Additionally, Mr. Lillard is required to

notify the NRC of his first employment

and all subsequent employment in NRClicensed activities for a period of five

years following the prohibition period.

Furthermore, pursuant to 10 CFR 2.202,

I find that the significance of Mr.

Lillard’s conduct is such that the public

health, safety and interest require that

this Order be immediately effective.

IV

Accordingly, pursuant to sections

81,161b, 161i, 161o, 182 and 186 of the

Atomic Energy Act of 1954, as amended,

and the Commission’s regulations in 10

CFR 2.202, 10 CFR 30.9, 10 CFR 30.10

and 10 CFR 34.30, it is hereby ordered,

effective immediately, that:

1. Mr. Rodney Lillard is prohibited for

five years from the date of this Order

from engaging in NRC-licensed

activities. NRC-licensed activities are

those activities that are conducted

pursuant to a specific or general license

issued by the NRC, including, but not

limited to, those activities of Agreement

State licensees conducted pursuant to

the authority granted by 10 CFR 150.20.

2. If Mr. Lillard is currently

performing licensed activities for

another licensee in an area of NRC

jurisdiction, he must immediately cease

those activities, and inform the NRC of

the name, address and telephone

number of the employer, and provide a

copy of this Order to the employer.

3. For a period of five years after the

five year prohibition has expired, Mr.

Rodney Lillard shall, within 20 days of

the date of his acceptance of subsequent

employment offers involving his

performance of NRC-licensed activities

or his becoming involved in NRClicensed activities, as defined in

Paragraph IV.1 above, provide notice of

his employment to the Director, Office

of Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

including the name, address, and

telephone number of the employer or

the entity where he is, or will be,

involved in the NRC-licensed activities.

In the first notification, Mr. Rodney

Lillard shall include a statement of his

commitment to compliance with

regulatory requirements and a statement

regarding why the Commission should

have confidence that he will now

comply with applicable NRC

requirements.

The Director, Office of Enforcement,

U.S. Nuclear Regulatory Commission

may relax or rescind, in writing, any of

the above conditions upon a showing by

Mr. Rodney Lillard of good cause.

V

In accordance with 10 CFR 2.202, Mr.

Lillard must, and any person adversely

affected by this Order may, submit an

answer to this Order, and may request

a hearing on this Order, within 20 days

of its issuance. Where good cause is

shown, consideration will be given to

extending the time to request a hearing.

A request for extension of time must be

made in writing to the Director, Office

of Enforcement, U.S. Nuclear Regulatory

Commission Washington, DC 20555,

and include a statement of good cause

for the extension. The answer may

consent to this Order. Unless the answer

consents to this Order, the answer shall,

in writing and under oath or

affirmation, specifically admit or deny

each allegation or charge made in this

Order and shall set forth the matters of

fact and law on which Mr. Lillard or

other persons adversely affected relies

and the reasons as to why the Order

should not have been issued. Any

answer or request for a hearing shall be

submitted to the Secretary, U.S. Nuclear

Regulatory Commission, ATTN: Chief,

Rulemakings and Adjudications Staff,

Washington, DC 20555. Copies also

shall be sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, to

the Deputy Assistant General Counsel

for Materials Litigation and

Enforcement, at the same address, and

to the Regional Administrator, NRC

Region II, Atlanta Federal Center, 61

Forsyth Street, S.W., Suite 23T85,

Atlanta, Georgia 30303–3415 and to Mr.

Lillard if the answer or hearing request

is by a person other than Mr. Lillard. If

a person other than Mr. Lillard requests

a hearing, that person shall set forth

with particularity the manner in which

his interest is adversely affected by this

Order and shall address the criteria set

forth in 10 CFR 2.714(d).

If a hearing is requested by Mr. Lillard

or a person whose interest is adversely

affected, the Commission will issue an

Order designating the time and place of

any hearing. If a hearing is held, the

issue to be considered at such hearing

shall be whether this Order should be

sustained.

Pursuant to 10 CFR 2.202(c)(2)(i), Mr.

Lillard, may, in addition to demanding

a hearing, at the time the answer is filed

or sooner, move the presiding officer to

set aside the immediately effectiveness

of the Order on the ground that the

Order, including the need for

immediately effectiveness, is not based

on adequate evidence but on mere

suspicion, unfounded allegations, or

error.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final 20 days

from the date of this Order without

further order or proceedings. If an

extension of time for requesting a

hearing has been approved, the

provisions specified in Section IV shall

be final when the extension expires if a

hearing request has not been received.

An answer or a request for hearing shall

not stay the immediate effectiveness of

this order.

For the Nuclear Regulatory Commission.

Dated this 17th day of October 2000.

Carl J. Paperiello,

Deputy Executive Director for Materials,

Research, and State Programs.

[FR Doc. 00–27286 Filed 10–23–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–245, 50–336, and 50–423]

Northeast Nuclear Energy Company et

al.; Millstone Nuclear Power Station,

Unit Nos. 1, 2, and 3; Notice of

Consideration of Approval of Transfer

of Facility Operating Licenses and

Conforming Amendments 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 Facility Operating Licenses

Nos. DPR–21, DPR–65, and NPF–49 for

Millstone Nuclear Power Station, Unit

Nos. 1, 2, and 3 (M1, M2, and M3) to

the extent currently held by Northeast

Nuclear Energy Company (NNECO), the

licensed operator and non-owner of the

facilities, and certain co-licensees listed

below holding ownership interests in

the facilities. The transfer would be to

a new generating company, Dominion

Nuclear Connecticut, Inc., (DNC). DNC

is an indirect subsidiary of Dominion

Energy, which is in turn owned by

Dominion Resources, Inc. The

Commission is also considering

amending the licenses for

administrative purposes to reflect the

proposed transfer. The facilities are

located in New London County,

Connecticut.

Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Notices 63631

The following is a list of the licensees

involved in the license transfers who

hold ownership interests in M1, M2,

and M3, and their respective interests:

Percent

M1 and M2:

The Connecticut Light and

Power Company (CL&P) (81)

Western Massachusetts

Electric Company

(WMECO) ...................... (19)

M3:

CL&P ................................. (52.9330)

WMECO ............................ (12.2385)

Public Service Co. of New

Hampshire ..................... (2.8475)

The United Illuminating

Company ....................... (3.6850)

New England Power Company ............................... (16.2140)

Central Maine Power

Company ....................... (2.5000)

Chicopee Municipal Lighting Plant ........................ (1.3500)

Connecticut Municipal

Electric Energy Cooperative ............................... (1.0870)

Vermont Electric Generation and Transmission Coop. ............ (0.3500)

Fitchburg Gas & Electric

Light Company ........... (0.2170)

Village of Lyndonville

Electric Department ... (0.0487)

Central Vermont Public Service

Corporation (Central Vermont) which

holds a 1.7303% ownership interest in

M3, and Massachusetts Municipal

Wholesale Electric Company

(Massachusetts Municipal) which holds

a 4.7990% ownership interest in M3, are

not involved in the subject license

transfers.

According to an application for

approval filed by NNECO and DNC,

DNC would assume ownership of the

facilities (except for the interests in M3

by Central Vermont and Massachusetts

Municipal) following approval of the

proposed transfer of the licenses, and

would become exclusively responsible

for the operation, maintenance, and

eventual decommissioning of M1, M2,

and M3. No physical changes to the

facilities or operational changes are

being proposed in the application.

The proposed amendments would

replace references in the licenses to

NNECO and the other licensees

transferring their interests with

references to DNC and make other

changes for administrative purposes to

reflect the proposed transfer.

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.

Before issuance of the proposed

conforming license amendments, 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 November 13, 2000, any person

whose interest may be affected by the

Commission’s action on the application

may request a hearing and, if not the

applicant, 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:

David R. Lewis, Esq., Counsel for

Dominion Nuclear Connecticut, Inc.,

at Shaw Pittman, 2300 N Street, NW.,

Washington DC 20037;

Lillian M. Cuoco, Counsel for NNECO,

at Northeast Utilities Service Co., P.O.

Box 270, Hartford CT 06141;

The General Counsel, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555 (e-mail address for filings

regarding license transfer cases only:

OGCLT@NRC.gov); 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

November 24, 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 applications dated

August 31 and October 12, 2000,

available for public inspection at the

Commission’s Public Document Room,

One White Flint North, 11555 Rockville

Pike (first floor), Rockville, MD, 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 18th day

of October 2000.

For the Nuclear Regulatory Commission.

Jacob I. Zimmerman,

Project Manager, Section 2, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–27285 Filed 10–23–00; 8:45 am]

BILLING CODE 7590–01–P