ML051810043

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

ML051810043
Person / Time
Site:	Peach Bottom
Issue date:	07/26/2005
From:	George Wunder NRC/NRR/DLPM/LPD1
To:	Crane C Exelon Generation Co, Exelon Nuclear
Dick G F, NRR/DLPM, 415-3019
References
TAC MC6361, TAC MC6362
Download: ML051810043 (10)

Text

July 26, 2005 Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSES AND CONFORMING AMENDMENTS, AND OPPORTUNITY FOR A HEARING - PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 (PBAPS 2 and 3) (TAC NOS. MC6361 AND MC6362)

Dear Mr. Crane:

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 3, 2005 (ML050670664) filed by Exelon Generation Company, LLC on behalf of itself and PSEG Nuclear LLC. The application seeks approval of the proposed transfer of the PBAPS 2 and 3, Facility Operating Licenses Nos. DPR-44 and DPR-56 to the extent currently held by PSEG Nuclear LLC to Exelon Generation Company, LLC. The application also seeks the issuance of conforming amendments to the license to reflect the transfer.

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

Sincerely,

/RA/

George F. Wunder, Sr. Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278

Enclosure:

As stated cc w/encl: See next page

ML051810043 OFFICE PDIII-2/PM PDI-2/LA PDI-2/PM OGC PDI-2/SC PDIII-2/SC NAME GDick MOBrien GWunder SUttal DRoberts GSuh DATE 07/21/05 7/21/05 07/21/05 07/19/05 7/25/05 7-26-05 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION EXELON GENERATION COMPANY, LLC PSEG NUCLEAR LLC PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 DOCKET NOS. 50-277 AND 50-278 NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF FACILITY OPERATING LICENSES AND CONFORMING AMENDMENTS AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (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 Licenses Nos. DPR-44 and DPR-56 for the Peach Bottom Atomic Power Station, Units 2 and 3, to the extent currently held by PSEG Nuclear LLC with respect to its ownership interests in the plants to Exelon Generation Company, LLC.

Exelon Generation Company, LLC, is the licensed operator of Peach Bottom Atomic Power Station, Units 2 and 3. PSEG Nuclear LLC and Exelon Generation Company, LLC, currently each own 50 percent of Peach Bottom Atomic Power Station, Units 2 and 3. The transfer of PSEG Nuclear's ownership interests to Exelon Generation Company, LLC, is part of the proposed merger of PSEG Nuclear LLC's indirect parent corporation, Public Service Enterprise Group into Exelon Corporation, the indirect parent company of Exelon Generation Company, LLC. The Commission is also considering amending the licenses for administrative purposes to reflect the proposed transfer.

According to an application for approval filed by Exelon Generation Company, LLC, on behalf of itself and PSEG Nuclear LLC, Exelon Generation Company, LLC, would own 100

percent of the facility following approval of the proposed license transfers. There would be no change with regard to Exelon Generation Company, LLC's, operation of Peach Bottom Atomic Power Station, Units 2 and 3. No physical changes to the Peach Bottom Atomic Power Station, Units 2 and 3, facility or operational changes are being proposed in the application.

The proposed amendments would replace references to PSEG Nuclear LLC in the license with references to Exelon Generation Company, LLC, as 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 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 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, 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 2.302 and 2.305.

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, 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 March 3, 2005, (ML050670664) 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/

George F. Wunder, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation

Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 cc:

Site Vice President Rich Janati, Chief Peach Bottom Atomic Power Station Division of Nuclear Safety Exelon Generation Company, LLC, Bureau of Radiation Protection 1848 Lay Road Department of Environmental Protection Delta, PA 17314 Rachel Carson State Office Building P.O. Box 8469 Associate General Counsel Harrisburg, PA 17105-8469 Exelon Generation Company, LLC, 4300 Winfield Road Board of Supervisors Warrenville, IL 60555 Peach Bottom Township 545 Broad Street Ext.

Plant Manager Delta, PA 17314-9203 Peach Bottom Atomic Power Station Exelon Generation Company, LLC, Mr. Richard McLean 1848 Lay Road Power Plant and Environmental Delta, PA 17314 Review Division Department of Natural Resources Regulatory Assurance Manager B-3, Tawes State Office Building Peach Bottom Atomic Power Station Annapolis, MD 21401 Exelon Generation Company, LLC, 1848 Lay Road Dr. Judith Johnsrud Delta, PA 17314 National Energy Committee Sierra Club Resident Inspector 433 Orlando Avenue U.S. Nuclear Regulatory Commission State College, PA 16803 Peach Bottom Atomic Power Station P.O. Box 399 Manager-Financial Control & Co-Owner Delta, PA 17314 Affairs Public Service Electric and Gas Company Regional Administrator, Region I P.O. Box 236 U.S. Nuclear Regulatory Commission Hancocks Bridge, NJ 08038-0236 475 Allendale Road King of Prussia, PA 19406 Manager Licensing-Peach Bottom Atomic Power Station Mr. Roland Fletcher Exelon Generation Company, LLC, Department of Environment 200 Exelon Way, KSA -3E Radiological Health Program Kennett Square, PA 19348 2400 Broening Highway Baltimore, MD 21224 Eric Epstein TMI Alert Correspondence Control Desk 4100 Hillsdale Road Exelon Generation Company, LLC, Harrisburg, PA 16803 P. O. Box 160 Kennett Square, PA 19348

Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 cc:

Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC, 4300 Winfield Road Warrenville, IL 60555 Vice President-Operations Mid-Atlantic Exelon Generation Company, LLC, 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Senior Vice President, Nuclear Services Exelon Generation Company, LLC, 4300 Winfield Road Warrenville, IL 60555 Director-Licensing and Regulatory Affairs Exelon Generation Company, LLC, 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Generation Company, LLC, 4300 Winfield Road Warrenville, IL 60555