50370 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices 

As an alternative to petitions to 

intervene and requests for hearing, 

within 30 days from the date of 

publication of this notice, 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 

license transfer application, see the 

application dated June 20, 2008, 

available for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically from 

the Agency wide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, or 301–415–4737 or by e-mail 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland this 14th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Christopher Gratton, 

Senior Project Manager, Plant Licensing 

Branch III–2, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–19733 Filed 8–25–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–289] 

Amergen Energy Company; Three Mile 

Island Nuclear Station, Unit 1; Notice 

of Consideration of Approval of 

Transfer of Facility Operating License, 

Conforming Amendment, and 

Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (NRC, the Commission) is 

considering the issuance of an order 

under 10 CFR 50.80 approving the 

direct transfer of Facility Operating 

License No. DPR–50 for the Three Mile 

Island Nuclear Station, Unit 1 (TMI–1) 

currently held by AmerGen Energy 

Company (AmerGen) as owner and 

licensed operator of TMI–1. The transfer 

would be to Exelon Generation 

Company, LLC (Exelon Generation). The 

Commission is also considering 

amending the license for administrative 

purposes to reflect the proposed 

transfer. 

According to an application for 

approval dated June 20, 2008, filed by 

AmerGen and Exelon Generation, 

Exelon Generation would acquire 

ownership of the facility following 

approval of the proposed license 

transfer, and would be responsible for 

the operation, maintenance and 

eventual decommissioning of TMI–1. 

No physical changes to the Facility or 

operational changes are being proposed 

in the application. 

The proposed amendment would 

replace references to AmerGen and 

authorize Exelon Generation 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 direct 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 amendment, 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. 

Within 20 days from the date of 

publication of this notice, any person(s) 

whose interest may be affected by the 

Commission’s action on the application 

may request a hearing and intervention 

via electronic submission through the 

NRC E-filing system. 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 C ‘‘Rules of General 

Applicability: Hearing Requests, 

Petitions To Intervene, Availability of 

Documents, Selection of Specific 

Hearing Procedures, Presiding Officer 

Powers, and General Hearing 

Management for NRC Adjudicatory 

Hearings,’’ of 10 CFR Part 2. In 

particular, such requests and petitions 

must comply with the requirements set 

forth in 10 CFR 2.309. Untimely 

requests and petitions may be denied, as 

provided in 10 CFR 2.309(c)(1), 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 

2.309(c)(1)(i)–(viii). 

A request for hearing or a petition for 

leave to intervene must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve documents over the internet 

or in some cases to mail copies on 

electronic storage media. Participants 

may not submit paper copies of their 

filings unless they seek a waiver in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (301) 415–1677, to request (1) a 

digital ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 


sroberts on PROD1PC76 with NOTICES
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices 50371 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (PDF) in 

accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. Participants 

who believe that they have a good cause 

for not submitting documents 

electronically must file a motion, in 

accordance with 10 CFR 2.302(g), with 

their initial paper filing requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home phone numbers in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their submissions. 

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 petitions to 

intervene and requests for hearing, 

within 30 days from the date of 

publication of this notice, 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 

license transfer application, see the 

application dated June 20, 2008, 

available for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically from 

the Agency wide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, or 301–415–4737 or by e-mail 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland this 14th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Christopher Gratton, 

Senior Project Manager, Plant Licensing 

Branch III–2, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–19735 Filed 8–25–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–219] 

AmerGen Energy Company, Oyster 

Creek Generating Station; Notice of 

Consideration of Approval of Transfer 

of Facility Operating License, 

Conforming Amendment, and 

Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (NRC, the Commission) is 

considering the issuance of an order 

under 10 CFR 50.80 approving the 

direct transfer of Facility Operating 

License No. DPR–16 for the Oyster 

Creek Nuclear Generating Station 

(Oyster Creek) currently held by 

AmerGen Energy Company (AmerGen) 

as owner and licensed operator of 

Oyster Creek. The transfer would be to 

Exelon Generation Company, LLC 

(Exelon Generation). The Commission is 

also considering amending the license 

for administrative purposes to reflect 

the proposed transfer. 

According to an application for 

approval dated June 20, 2008, filed by 

AmerGen and Exelon Generation, 

Exelon Generation would acquire 

ownership of the facility, including an 


sroberts on PROD1PC76 with NOTICES