[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Notices]
[Pages 14631-14632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6632]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302]
Florida Power Corporation, Crystal River Unit 3; Notice of
Consideration of Approval of Application Regarding Proposed Acquisition
by CP&L Holdings, Inc. of Florida Progress Corporation and Opportunity
for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under Title 10, Code of Federal
Regulations (10 CFR), Section 50.80, approving the indirect transfer of
Facility Operating License No. DPR-72 for Crystal River Unit 3 (CR-3),
to the extent currently held by Florida Power Corporation (FPC). The
indirect transfer would be to a proposed new holding company, Carolina
Power and Light (CP&L) Holdings, Inc. (Holdings).
According to an application for approval filed by FPC dated January
31, 2000, FPC is requesting the consent of the Commission to the
indirect transfer of the CR-3 operating license that will occur under a
proposed share exchange transaction between Florida Progress
Corporation (Progress) and Holdings. Holdings is being formed by CP&L
as part of an internal CP&L reorganization. Upon consummating the share
exchange transaction, where Holdings will acquire all of the
outstanding shares of Progress, Progress will become a wholly owned
subsidiary of Holdings. FPC, which owns a 91.7806 percent interest in
CR-3, and which will remain a wholly owned subsidiary of Progress, will
become an indirect, wholly owned subsidiary of Holdings upon completion
of the transaction. FPC will retain its existing ownership interest in
CR-3, continue to hold the CR-3 operating license, and remain the
licensed operator of CR-3 after the share exchange transaction. No
direct transfer of the license will occur. No physical changes to the
facility or operational changes are being proposed in the application.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the
[[Page 14632]]
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
effecting the indirect transfer will not affect the qualifications of
the holder 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 April 6, 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, 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 R. Alexander Glenn, Director, Regulatory Counsel Group
(MAC-BT15A), Florida Power Corporation, P.O. Box 14042, St. Petersburg,
Florida 33733-4042, Voice (727) 820-5587, FAX (727) 820-5519, and e-
mail [email protected]; Steven Carr, Associate General Counsel,
Legal Department, Carolina Power & Light Company, P.O. Box 1551,
Raleigh, North Carolina 27602-1551, Voice (919) 546-4161, Fax (919)
546-3805, and e-mail [email protected]; the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, e-mail address for
license transfer cases only: [email protected]; 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 April 17, 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
application dated January 31, 2000, available for public inspection at
the Commission's Public Document Room, the Gelman Building, 2120 L
Street, NW., Washington, DC, 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 7th day of March 2000.
For the Nuclear Regulatory Commission.
L.A. Wiens,
Senior Project Manager, Section 2, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-6632 Filed 3-16-00; 8:45 am]
BILLING CODE 7590-01-P