[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Pages 2734-2735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1105]



[Docket No. 50-305]

Wisconsin Public Service Corporation and Wisconsin Power and 
Light Company, Kewaunee Nuclear Power Plant; Notice of Consideration of 
Approval of Transfer of Facility Operating License and Conforming 
Amendment 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 
transfer of Facility Operating License No. DPR-43 for the Kewaunee 
Nuclear Power Plant (KNPP) currently owned by Wisconsin Public Service 
Corporation (WPSC) and Wisconsin Power and Light Company (WPL), who 
hold 59 percent and 41 percent ownership respectively, and Nuclear 
Management Company, LLC (NMC) as the licensed operator of KNPP. The 
transfer would be to Dominion Energy Kewaunee. The Commission is also 
considering amending the license for administrative purposes to reflect 
the proposed transfer.
    According to an application for approval filed by WPSC, WPL, and 
NMC, Dominion Energy Kewaunee would assume title to the facility 
following approval of the proposed license transfer, and would be 
responsible for the operation, maintenance, and eventual 
decommissioning of KNPP. No physical changes to the Kewaunee facility 
or operational changes are being proposed in the application.
    The proposed amendment would replace references to WPSC, WPL, and 
NMC in the license with references to Dominion Energy Kewaunee to 
reflect the proposed transfer. The proposed amendment would also change 
the name of the Kewaunee Nuclear Power Plant to the Kewaunee Power 
    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 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.
    By February 9, 2004, any person whose interest may be affected by 
the Commission's action on the application may request a hearing and, 
if not the applicant, 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 Lillian M. Cuoco, Esq., Senior Counsel, Dominion 
Resources, Inc. Rope Ferry Road, Waterford, CT 06385, phone number: 
860-444-5316, fax: 860-444-4278, e-mail: Lillian_Cuoco@dom.com, 
Counsel for Dominion Energy Kewaunee; John E. Matthews, Esq., Morgan, 
Lewis & Brockius LLP, 1111 Pennsylvania Avenue, NW., Washington, DC 
20004, phone: 202-739-3000, fax: 202-739-3001, e-mail: 
jmatthews@morganlewis.com, Counsel for Dominion Energy and WPL; 
Jonathan Rogoff, Esq., General Counsel, Nuclear Management Company, 
LLC, 700 First Street, Hudson, WI 54016, phone number: 715-377-3316, 
fax: 715-377-3464, e-mail: Jonathan.Rogoff@nmcco.com, Counsel for NMC; 
and Allen W. Williams, Jr., Esq., Foley & Lardner, 777 East Wisconsin 
Avenue, Milwaukee, WI 53202, phone: 414-297-5805, fax: 414-297-4900, e-
mail: awilliams@foley.com, Counsel for WPSC; the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001 (e-mail 
address for filings regarding license transfer cases only: 
OGCLT@NRC.gov); 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 February 19, 2004, 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 December 19, 2003, 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 Agencywide Documents

[[Page 2735]]

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. The application dated December 19, 2003, can be accessed 
under ADAMS Accession No. ML033570112.
    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, 301-415-4737 or by e-
mail to pdr@nrc.gov.

    Dated at Rockville, Maryland this 13th day of January 2004.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Project Manager, Section 1, Project Directorate III, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-1105 Filed 1-16-04; 8:45 am]