[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Pages 18151-18152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8834]



=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


River Bend Station, Unit 1 Gulf States Utilities Company and 
Cajun Electric Power Cooperative, Inc. Finding of No Significant 
Antitrust Changes Time for Filing Requests for Reevaluation

    In connection with the applications for amendments filed by Gulf 
States Utilities Company (licensee or GSU) dated January 13, 1993, as 
supplemented, the Director of the Office of Nuclear Reactor Regulation 
made a finding on October 15, 1993, that there have been no significant 
changes in the licensee's activities or proposed activities since the 
completion of the antitrust operating license review of the River Bend 
Station (River Bend). Subsequently, an NRC order and two licensing 
amendments dated December 16, 1993, were issued which transferred GSU's 
ownership in River Bend to Entergy Corporation and the operation of 
River Bend to Entergy Operations, Inc. On March 14, 1995, the United 
States Court of Appeals For the District of Columbia Circuit issued an 
Order vacating the NRC order and the two accompanying licensing 
amendments and remanding the case to the NRC.
    In light of the foregoing, the Director of the Office of Nuclear 
Reactor Regulation has reviewed the Court of Appeals decision in Cajun 
Electric Cooperative, Inc. v. FERC, 28 F.3d 173 (D.C. Cir. 1994) and 
the earlier findings in this matter has made a new finding in 
accordance with Section 105c(2) of the Atomic Energy Act of 1954, as 
amended, that no significant changes in the licensee's activities have 
occurred subsequent to the previous antitrust review of River Bend. The 
finding is as follows:
    Under Section 105 of the Atomic Energy Act of 1954, as amended, 42 
U.S.C. 2135 (Act), 10 CFR 50.80 and 50.90, the Nuclear Regulatory 
Commission (NRC or Commission) conducts an antitrust review of changes 
in ownership or operator of a power production facility after initial 
licensing. In situations where requests for a change in ownership or 
operator have been received after issuance of an operating license for 
such a facility, the staff has conducted a significant change review to 
determine whether the [[Page 18152]] licensee's activities create or 
tend to create a situation inconsistent with the antitrust laws. The 
Commission delegated the authority to make the significant change 
determination to the Director, Office of Nuclear Reactor Regulation 
(NRR).
    Based upon an analysis of the extensive comments received in 
response to the initial decision published in the Federal Register on 
October 20, 1993 (58 FR 54175), information presented in other 
regulatory proceedings involving the proposed merger of Gulf States 
Utilities Company (GSU) and Entergy Corporation (Entergy), the staff 
concludes that the changes in GSU's activities which have been 
identified by the staff do not constitute significant changes as 
envisioned by the Commission in its Summer decision. The conclusion of 
the staff analysis is as follows:

    Where appropriate, the staff considered the testimony and 
information submitted to other regulatory agencies in developing a 
record necessary to satisfy its own regulatory mandate. From the 
information made available to the staff, the staff was able to 
determine that the concerns raised by the commenters are covered by 
and should be resolved before the NRC by existing license 
conditions. The staff does not believe that the outstanding issues 
raised before the NRC are germane to a licensing proceeding. 
Consequently, the staff is providing the commenters the opportunity 
to resolve their NRC concerns in a Section 2.206 enforcement 
proceeding.

    Based upon the staff analysis, it is my finding that there have 
been no ``significant changes'' in the licensee's activities or 
proposed activities since the completion of the previous antitrust 
review of the River Bend Station that would warrant the initiation of a 
new antitrust review. Signed this 5th day of April, 1995.
    Any person whose interest may be affected by this finding, may 
file, with full particulars, a request for reevaluation, not to exceed 
10 pages in length including attachments, with the Director of the 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. The requests must be received by the 
Commission within 10 days of the initial publication of this notice in 
the Federal Register. Requests for reevaluation of the no significant 
changes determination should be limited to new information not 
previously submitted in connection with the Director's Reevaluation 
Finding published in the Federal Register on December 13, 1993 (58 FR 
65200), such as information about facts or events of antitrust 
significance that have occurred since that date, or information that 
could not reasonably have been submitted prior to that date.

    Dated at Rockville, Maryland the 5th day of April 1995.

    For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 95-8834 Filed 4-7-95; 8:45 am]
BILLING CODE 7590-01-M