ML051800730

Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, and Opportunity for a Hearing -

ML051800730
Person / Time
Site:	Salem
Issue date:	07/26/2005
From:	Stewart Bailey NRC/NRR/DLPM/LPD1
To:	Levis W Public Service Enterprise Group
Dick G F, NRR/DLPM, 415-3019
References
TAC MC6366, TAC MC6367
Download: ML051800730 (8)

Text

July 26, 2005 Mr. William Levis Senior Vice President & Chief Nuclear Officer PSEG Nuclear LLC-X04 Post Office Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSES AND CONFORMING AMENDMENTS, AND OPPORTUNITY FOR A HEARING - SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2 (TAC NOS. MC6366 AND MC6367)

Dear Mr. Levis:

Enclosed is a copy of a "Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing" related to the application dated March 4, 2005 (ML050750110) filed by PSEG Nuclear LLC. The application (pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 50.80) seeks approval of the proposed transfer of Salem Nuclear Generating Station, Unit Nos. 1 and 2, Facility Operating License Nos. DPR-70 and DPR-75, respectively, to the extent currently held by PSEG Nuclear LLC to Exelon Generation Company, LLC. The application also seeks (pursuant to 10 CFR 50.90) the issuance of conforming amendments to the licenses to reflect the transfer.

This notice is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Stewart N. Bailey, Sr. Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-272 and 50-311

Enclosure:

As stated cc w/encl: See next page

ML051800730 *NLO w/changes OFFICE PDIII-2/PM PDI-2/LA PDI-2/PM OGC PDI-2/SC PDIII-2/SC NAME GDick CRaynor SBailey SUttal* DRoberts GSuh DATE 07/18/05 7/18/05 7/22/05 7/19/05 7/28/05 7-26-05 Salem Nuclear Generating Station, Unit Nos. 1 and 2 cc:

Mr. Michael Gallagher Dr. Jill Lipoti, Asst. Director Vice President - Eng/Tech Support Radiation Protection Programs PSEG Nuclear NJ Department of Environmental P.O. Box 236 Protection and Energy Hancocks Bridge, NJ 08038 CN 415 Trenton, NJ 08625-0415 Mr. Thomas P. Joyce Site Vice President - Salem Brian Beam PSEG Nuclear Board of Public Utilities P.O. Box 236 2 Gateway Center, Tenth Floor Hancocks Bridge, NJ 08038 Newark, NJ 07102 Ms. Christina L. Perino Regional Administrator, Region I Director - Regulatory Assurance U.S. Nuclear Regulatory Commission PSEG Nuclear - N21 475 Allendale Road P.O. Box 236 King of Prussia, PA 19406 Hancocks Bridge, NJ 08038 Senior Resident Inspector Mr. George H. Gellrich Salem Nuclear Generating Station Plant Support Manager U.S. Nuclear Regulatory Commission PSEG Nuclear Drawer 0509 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Mr. Carl J. Fricker Jeffrie J. Keenan, Esquire Plant Manager PSEG Nuclear - N21 PSEG Nuclear - N21 P.O. Box 236 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Lower Alloways Creek Township Eric Epstein c/o Mary O. Henderson, Clerk TMI Alert Municipal Building, P.O. Box 157 4100 Hillsdale Road Hancocks Bridge, NJ 08038 Harrisburg, PA 16803

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION PSEG NUCLEAR LLC SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2 DOCKET NOS. 50-272 AND 50-311 NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSES AND CONFORMING AMENDMENTS AND OPPORTUNITY FOR A HEARING The Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 approving the transfer of Facility Operating License Nos. DPR-70 and DPR-75 for the Salem Nuclear Generating Station, Unit Nos. 1 and 2 (Salem), respectively, to the extent currently held by PSEG Nuclear LLC (PSEG) to Exelon Generation Company, LLC (Exelon). PSEG is the licensed operator of Salem. PSEG and Exelon currently own 57.41 percent and 42.59 percent, respectively, of Salem. The transfer of PSEGs ownership interests and operating authority to Exelon is part of the proposed merger of PSEG's parent corporation, Public Service Enterprise Group, into Exelon Corporation, the indirect parent company of Exelon. The Commission is also considering amending the licenses for administrative purposes to reflect the proposed transfer.

According to an application for approval filed by PSEG, Exelon would assume title to PSEG's interest in the facility following approval of the proposed license transfers, while retaining its current ownership interests, such that Exelon would own 100 percent of Salem, and would become responsible for the operation, maintenance, and eventual decommissioning of

Salem. No physical changes to the Salem facility or operational changes are being proposed in the application.

The proposed amendments would delete references to PSEG, or replace references to PSEG in the licenses with references to Exelon, as appropriate, 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 amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissions 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 of the date of publication of this notice, any person whose interest may be affected by the Commissions 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 Commissions action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commissions 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).

Requests for a hearing and petitions for leave to intervene should be served, pursuant to 10 CFR 2.302 and 2.305, upon Thomas S. O'Neill, Vice President and Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, Illinois 60555, telephone 630-657-3770, fax 630-657-4335, and e-mail thomas.oneill@exeloncorp.com; Jeffrie J. Keenan, Esq., PSEG Nuclear LLC, P. O. Box 236, N-21, Hancocks Bridge, New Jersey 08038, telephone 856-339-5429, fax 856-339-1234, and e-mail jeff.keenan@pseg.com; the General Counsel, NRC, Washington, DC 20555-0001, e-mail address for filings regarding license transfer cases only: OGCLT@NRC.gov; and the Secretary of the Commission, NRC, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff.

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, within 30 days after 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, NRC, 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 March 4, 2005, (ML050750110) 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 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, 301-415-4737 or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland this 26th day of July 2005.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Stewart N. Bailey, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation