[Federal Register: October 16, 2000 (Volume 65, Number 200)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-272, 50-311]
In the Matter of PECO Energy Company (Salem Nuclear Generating
Station, Units 1 and 2) Order Approving Application Regarding Proposed
PECO Energy Company (PECO) owns 42.59 percent of Salem Nuclear
Generating Station, Units 1 and 2 (the facility) and in connection
therewith is a co-holder of Facility Operating Licenses Nos. DPR-70 and
DPR-75, which authorize possession, use, and operation of the facility.
PSEG Nuclear LLC, another co-owner of the facility, is the licensed
operator. The facility is located in Salem County, New Jersey.
By application dated July 7, 2000, PECO requested approval of the
proposed indirect transfer of the facility operating licenses to the
extent now held by PECO to Exelon Corporation, to be formed in
connection with the proposed merger of Unicom Corporation (Unicom), the
parent of Commonwealth Edison Company and PECO. Supplemental
information was provided by submittals dated July 13 and September 1,
2000. Hereinafter, the July 7, 2000, application and supplemental
information will be referred to collectively as the ``application.''
Under the proposed merger, PECO will become a direct or indirect
subsidiary of Exelon Corporation. The merger was previously the subject
of an order dated August 3, 2000, by which the U. S. Nuclear Regulatory
Commission approved the transfer of the Salem licenses, to the extent
held by PECO, to Exelon Generation Company, LLC (EGC). EGC will be
formed in connection with the merger as an indirect subsidiary of
Exelon Corporation to acquire the generating assets of PECO and
Commonwealth Edison Company. The August 3, 2000, order effectively
allows PECO's Salem assets to be transferred to EGC. According to the
application here, the transfer of these assets may be delayed beyond
the closing of the merger. During this interim period, Exelon
Corporation would be the direct parent of PECO as PECO continues to
hold the Salem and other generating assets pending the receipt of
necessary approvals to allow the generating assets to be transferred to
EGC. Specifically, PECO would continue to hold a partial ownership
interest in Salem, Units 1 and 2. PSEG Nuclear LLC would continue to be
the sole operator of Salem, Units 1 and 2. The application does not
involve any change with respect to the remaining ownership interests in
the facility held by PSEG Nuclear LLC, Delmarva Power and Light
Company, and Atlantic City Electric Company.
By a separate application dated July 7, 2000, Commonwealth Edison
Company requested approval of the indirect transfer of the facility
operating licenses that it holds to Exelon Corporation, which would
occur under circumstances similar to the above for PECO. That
application is being addressed separately.
Approval of the indirect transfer of the facility operating
licenses was requested by PECO pursuant to 10 CFR 50.80. Notice of the
request for approval and an opportunity for a hearing was published in
the Federal Register on August 31, 2000 (65 FR 53046). The Commission
received no comments or requests for hearing pursuant to such notice.
Under 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. Upon
review of the information in the application by PECO, and other
information before the Commission, the NRC staff has determined that
the proposed corporate restructuring under which Exelon Corporation
will become the parent of PECO will not affect the qualifications of
PECO as a co-holder of the licenses described above, and that the
indirect transfer of the licenses, to the extent effected by the
proposed corporate restructuring, is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission, subject to the conditions set forth below.
The findings set forth above are supported by a safety evaluation
dated October 5, 2000.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. Secs. 2201(b),
2201(i), 2201(o), and 2234; and 10 CFR 50.80, It is hereby ordered that
the application regarding the indirect license transfers related to the
proposed corporate restructuring is approved, subject to the following
(1) PECO shall provide the Director of the Office of Nuclear
Reactor Regulation a copy of any application, at the time it is
filed, to transfer (excluding grants of security interests or liens)
from PECO to its proposed parent, or to any other affiliated
company, facilities for the production, transmission, or
distribution of electric energy having a depreciated book value
exceeding ten percent (10%) of PECO's consolidated net utility
plant, as recorded on PECO's books of account, provided, however,
this condition shall apply only for so long as PECO holds a license
issued pursuant to 10 CFR Part 50.
(2) Should the proposed merger and restructuring not be
completed by October 5, 2001, this Order shall become null and void,
provided, however, upon written application and for good cause
shown, such date may in writing be extended.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated July 7, 2000, and supplemental submittals dated July
13 and September 1, 2000, and the safety evaluation dated October 5,
2000, which are available for public inspection at the Commission's
Public Document Room, One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland, and accessible electronically
through the ADAMS Public Electronic Reading Room link at the NRC Web
Dated at Rockville, Maryland, this 5th day of October 2000.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation
[FR Doc. 00-26484 Filed 10-13-00; 8:45 am]
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