[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Pages 75735-75736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30786]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-146]


GPU Nuclear, Inc. and Saxton Nuclear Experimental Corporation; 
Saxton Facility; Notice of Consideration of Approval of Application 
Regarding Proposed Merger 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 
indirect transfer of Facility Amended License No. DPR-4 for the Saxton 
Facility, held by Saxton Nuclear Experimental Corporation (SNEC) and 
GPU Nuclear, Inc. (GPUN). The indirect transfer would be to FirstEnergy 
Corp. (FE), headquartered in Akron, Ohio.
    According to a September 26, 2000, application submitted by FE and 
GPUN, as supplemented by letters dated September 27, November 9, and 
November 14, 2000, GPU, Inc., the corporate parent of SNEC and GPUN, is 
planning to be merged with and into FE. FE will remain as the surviving 
corporation in this transaction. Upon consummating the merger, FE will 
become a registered holding company under the Public Utility Holding 
Company Act of 1935, and SNEC and GPUN, currently direct or indirect 
subsidiaries of GPU, Inc., will become direct or indirect subsidiaries 
of FE.
    No physical changes to the Saxton Facility or operational changes 
are being proposed in the application. SNEC, the licensed owner of the 
facility, will continue to be so following the merger, and GPUN, 
currently the licensee authorized to decommission the facility, will 
continue to maintain that status after the merger. No direct transfer 
of the license will result from the planned merger.
    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 indirect 
transfer of a license, if the Commission determines that the underlying 
transaction that will effectuate the indirect transfer will not affect 
the qualifications of the holders of the license, and that the transfer 
is otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto.
    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 December 26, 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,

[[Page 75736]]

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 counsel for FE, Roy P. Lessey, Esq., Akin, Gump, 
Strauss, Hauer, & Feld, L.L.P., 1333 New Hampshire Ave., NW., Suite 
400, Washington, DC 20036, (202) 887-4500, (202) 887-4288 (fax), e-
mail: <a href="/cdn-cgi/l/email-protection#4d3f21283e3e340d2c2624232a38203d632e2220"><span class="__cf_email__" data-cfemail="dba9b7bea8a8a29bbab0b2b5bcaeb6abf5b8b4b6">[email protected]</span></a>; and Mary O'Reilly, Esq., FirstEnergy Corp., 
76 South Main Street, Akron, OH 44308, (330) 384-5224, (330) 384-3875 
(fax), e-mail: <a href="/cdn-cgi/l/email-protection#066b636974636f6a6a7f46606f74757263686374617f656974762865696b"><span class="__cf_email__" data-cfemail="18757d776a7d71747461587e716a6b6c7d767d6a7f617b776a68367b7775">[email protected]</span></a>; counsel for GPUN, David 
R. Lewis, Esq., Shaw Pittman, 2300 N Street, NW., Washington, DC 20037-
1128, (202) 663-8474, (202) 663-8007 (fax), e-mail: 
<a href="/cdn-cgi/l/email-protection#1175706778753f7d746678625162797066617865657c707f3f727e7c"><span class="__cf_email__" data-cfemail="056164736c612b6960726c7645766d6472756c717168646b2b666a68">[email protected]</span></a>; and Michael J. Connolly, Esq., Vice 
President--Law, GPU Service, Inc., 300 Madison Avenue, Morristown, NJ 
07962, (973) 455-8245, (973) 993-4801 (fax), e-mail: <a href="/cdn-cgi/l/email-protection#b3ded0dcdddddcdfdfcaf3d4c3c69dd0dcde"><span class="__cf_email__" data-cfemail="107d737f7e7e7f7c7c69507760653e737f7d">[email protected]</span></a>; 
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#c8a7afaba4bc88a6b1abe6afa7be"><span class="__cf_email__" data-cfemail="563931353a2216382f3578313920">[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 January 3, 2001, 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 license 
transfer application dated September 26, 2000, and supplements dated 
September 27, November 9, and November 14, 2000, 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 22nd day of November 2000.

For the Nuclear Regulatory Commission.
John L. Minns,
Project Manager, Decommissioning Section, Project Directorate IV & 
Decommissioning, Division of Licensing Project Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 00-30786 Filed 12-1-00; 8:45 am]
BILLING CODE 7590-01-P


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