ML20195K392

Notice of Consideration of Approval of Application Re Proposed Corporate Merger & Opportunity for Hearing

ML20195K392
Person / Time
Site:	Pilgrim
Issue date:	06/11/1999
From:	Wang A NRC (Affiliation Not Assigned)
To:
Shared Package
ML20195K389	List: ML20195K385 ML20195K392
References
NUDOCS 9906220079
Download: ML20195K392 (3)

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7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION BOSTON EDISON COMPANY PILGRIM NUCLEAR POWER STATION DOCKET NO 50-293 NOTICE OF CONSIDERATION OF APPROVAL OF e-APPLICATION REGARDING PROPOSED CORPORATE MERGER AND OPPORTUNITY FOR A HEARING I

The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under Title 10 of the Code of Federal Reaulations (10 CFR) Section 50.80 approving the indirect transfer of Facility Operating License No. DPR-35 for the Pilgrim Nuclear Power Station (Pilgrim) held by Boston Edison Company (Boston Edison). The indirect transfer would be to the new holding company formed by Commonwealth Energy Gystem (CES) and

- BEC Energy (BEC), the parent company of Boston Edison.

Pilgrim is owned and operated by Boston Edison, which is a wholly-owned subsidiary of BEC. According to an application by Boston Edison for approval of the indirect transfer, CES

- and BEC have entered into an Agreement and Plan of Merger under which those entities will become wholly-owned subsidiaries of a new Massachusetts corporation named NSTAR, thereby resulting in an indirect transfer of Boston Edison's interest in Pilgrim's Facility Operating

. License to NSTAR. No physical changes to Pilgrim or operational changes are being proposed.

. No direct transfer of the license will result from the proposed transaction.

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 9906220079 990611 -

PDR ADOCK 05000293 P PDR 7

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Its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transfer of control 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 ithereto.

~ The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the indirect license transfer application, are discussed below.

By July 7,1999, 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 Douglas S. Huran, BEC Energy,800 Boylston Street, Boston, Massachusetts 02199, General Counsel for BEC Energy; John A. Ritsher, Ropes 86 Gray, One International Place, Boston,-

Massachusetts 02110-2624, attomey for BEC Energy; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (e-mail address for filings regarding license transfer cases only: OGCLTONRC. gov); and the Secretary of the Commission, U.S. Nuclear 4

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Regulatory Commission, Washington, DC 20555-0001, Attention

Rulemakings and l 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 hearirig 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.

l As an alternatiUe to requests for hearing and petitions to intervene, by July 19,1999, l 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 R.egulatory 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 February 3, 1999, submitted under cover of a letter dated February 5,1999, and supplement dated May 27,1999, which are available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the Plymouth Public Library,132 South Street, Plymouth, Massachusetts 02360.-

Dated at Rockville, Maryland this 11th day of June 1999.

FOR THE NUCLEAR REGULATORY COMMISSION CL Alan B. Wang, Projou Manager, Section 2 Project Directorate i .

Division of Licensing Project Management Office of Nuclear Reactor Regulation 1

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