63548 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Notices

valves have surveillance requirements

imposed on them to demonstrate leak

tightness during power operation. These

surveillance tests are the same exact

leak rate tests as the Type C local leak

rate tests performed during refueling

outages.

Taking credit for testing performed

during power operation provides the

same degree of assurance of

containment integrity as taking credit

for testing performed during shutdown.

In addition, testing while at power may

be preferable when considering ALARA

and operability requirements. Therefore,

the special circumstances of 10 CFR

50.12(a)(2)(ii) are present in that

application of the regulation in this

particular circumstance is not necessary

to achieve the underlying purpose of the

rule.

IV

The Commission has determined that

pursuant to 10 CFR 50.12(a)(1) that this

exemption is authorized by law, will not

present an undue risk to the public

health and safety, and is consistent with

the common defense and security. The

Commission further determines that

special circumstances, as provided in 10

CFR 50.12(a)(2)(ii), are present justifying

the exemption; namely, that application

of the regulation in this particular

circumstance is not necessary to achieve

the underlying purpose of the rule.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this Exemption will not have

a significant impact on the quality of the

human environment (60 FR 51821). This

exemption is effective upon issuance.

Dated at Rockville, Maryland, this 4th day

of December 1995.

For the Nuclear Regulatory Commission

Jack W. Roe,

Director, Division of Reactor Projects III/

IV,Office of Nuclear Reactor Regulation

[FR Doc. 95–30048 Filed 12–8–95; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–440]

Cleveland Electric Illuminating and

Ohio Edison Company, et al.; Notice of

Transfer of Ownership of Perry Nuclear

Power Plant

Notice is hereby given that the United

States Nuclear Regulatory Commission

(Commission) is considering approval

under Title 10 of the Code of Federal

Regulations (CFR), Section 50.80, of the

transfer of 17.42% (except for related

transmission facilities) of the ownership

of the facilities for the Perry Nuclear

Power Plant, Unit No. 1 (PNPP Unit 1)

from the Ohio Edison Company (Ohio

Edison) to a wholly owned subsidiary of

Ohio Edison, OES Nuclear Inc. (OES).

By ‘‘Application For License Transfer In

Connection With Sale And Related

Transactions’’ filed November 17, 1995,

Ohio Edison informed the Commission

that it will sell to OES on or before

December 31, 1995, a 17.42%

ownership interest in the PNPP Unit 1

facility, except for the transmission

facilities that are a part of Unit 1. On

January 1, 1996, or immediately

thereafter, OES will enter into a take or

pay steam sale agreement with Ohio

Edison pursuant to which Ohio Edison

will purchase from OES the steam

generated by the interest in PNPP Unit

1 transferred to OES. OES will also grant

Ohio Edison the right to utilize the

turbine generator portion of PNPP Unit

1 transferred to OES. Both the

agreement for the sale of steam and the

grant of the right to use the turbine

generator will run for the term of the

PNPP Unit 1 license through completion

of plant decommissioning. Pursuant to

the terms of the arrangements, Ohio

Edison will have the option to convert

the steam purchase agreement and its

right to utilize the Unit 1 turbine

generator to a lease to itself of the

interest in PNPP Unit 1 conveyed to

OES.

Pursuant to 10 CFR 50.80, the

Commission may approve the transfer of

a license, after notice to interested

persons, upon the Commission’s

determination that the holder of the

license following the transfer of control

is qualified to be a holder of the license

and the transfer of the control is

otherwise consistent with applicable

provisions of law, regulations and

orders of the Commission. Ohio Edison

has requested consent under 10 CFR

50.80 to transfer of the license

effectuated by the change in control of

such ownership interest in PNPP Unit 1.

Additionally, Ohio Edison has

submitted a license amendment

application, dated November 22, 1995,

adding OES to the PNPP Unit 1 license,

to reflect this transfer.

For further details with respect to this

action, see the November 17, and 22,

1995 letters, which are available for

public inspection at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, and at the local public

document room located at the Perry

Public Library, 3753 Main Street, Perry,

Ohio.

Dated at Rockville, Maryland this 4th day

of December 1995.

For the Nuclear Regulatory Commission.

Gail H. Marcus,

Director, Project Directorate III–3, Division

of Reactor Projects—III/IV, Office of Nuclear

Reactor Regulation.

[FR Doc. 95–30049 Filed 12–8–95; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–255]

Consumers Power Company;

Palisades Plant; Notice of Withdrawal

of Application for Amendment to

Facility Operating License

The U.S. Nuclear Regulatory

Commission (the Commission) has

granted the request of Consumers Power

Company (the licensee) to withdraw its

June 14, 1991 (as supplemented July 17,

1991, and January 10, 1992), application

for a proposed amendment to Facility

Operating License No. DPR–20 for the

Palisades Plant, located in Van Buren

County, Michigan.

The proposed amendment would

have modified the facility operating

license to allow an exception to the

Palisades Final Safety Analysis Report

requirement to perform the maximum

hypothetical accident analysis in

accordance with the Standard Review

Plan, Section 15.6.5, Appendix B,

Subsection II(1). The Commission had

previously issued a Notice of

Consideration of Issuance of

Amendment published in the Federal

Register on September 18, 1991 (56 FR

47233). However, by letter dated

October 9, 1995, the licensee withdrew

the proposed change.

For further details with respect to this

action, see the application for

amendment dated June 14, 1991, as

supplemented July 17, 1991, and

January 10, 1992, and the licensee’s

letter dated October 9, 1995, which

withdrew the application for license

amendment. The issue was addressed in

a related safety evaluation dated January

9, 1995. Consumers Power Company

will submit a revised maximum

hypothetical accident analysis by

January 1996. The above documents are

available for public inspection at the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

NW., Washington, DC, and at the local

public document room located at the

Van Wylen Library, Hope College,

Holland, Michigan 49423.

Dated at Rockville, Maryland, this 1st day

of December 1995.