[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Pages 3183-3184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1319]



[Docket No. 50-244]

Rochester Gas and Electric Corporation R.E. Ginna Nuclear Power 
Plant; Notice of Consideration of Approval of Transfer of Facility 
Operating License and Conforming Amendment and Opportunity for a 

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. DPR-18 for the R.E Ginna 
Nuclear Plant (Ginna) currently held by Rochester Gas and Electric 
Corporation (RG&E), as owner and licensed operator of Ginna. The 
transfer would be to R.E. Ginna Nuclear Power Plant, LLC (Ginna LLC). 
The Commission is also considering amending the license for 
administrative purposes to reflect the proposed transfer.
    According to a December 16, 2003, application for approval filed by 
RG&E and Constellation Generation Group, LLC, Ginna LLC 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 Ginna. No physical changes to the Ginna 
facility or operational changes are being proposed in the application. 
However, the license transfer is contingent upon NRC approval of the 
pending application to renew the operating license for Ginna for an 
additional 20 years beyond the current license expiration date of 
September 18, 2009.
    The proposed amendment would replace references to RG&E in the 
license with references to Ginna LLC to reflect the new owner and make 
any other changes necessary 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 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 11, 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 James M. Petro, Counsel for Constellation Energy Group, 
750 East Pratt Street, 5th Floor, Legal Department, Baltimore, MD 
21201, (410) 783-3303, e-mail: James.Petro@constellation.com; James R. 
Curtiss, Counsel for Constellation Energy Group at Winston & Strawn, 
1400 L St., NW., Washington, DC 20005, (202) 371-5751, e-mail: 
jcurtiss@winston.com; Samuel Behrends, Counsel for Rochester Gas and 
Electric Corporation, at LeBoeuf, Lamb, Greene and MacRae, 1875 
Connecticut Avenue, NW., Washington, DC 20009, (202) 986-8018, e-mail: 
sbehrend@llgm.com; Daniel F. Stenger, Counsel for Rochester Gas and 
Electric Corporation, at Ballard Spahr Andrews & Ingersoll, LLP, 601 
13th Street, NW., Suite 1000 South, Washington, DC 20005-3807, (202) 
661-7617, e-mail: stengerd@ballardspahr.com; 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 23, 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 16, 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 Access and Management 

[[Page 3184]]

(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, 301-415-4737 or by e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland this 15th day of January 2004.

    For the Nuclear Regulatory Commission.
Robert Clark,
Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-1319 Filed 1-21-04; 8:45 am]