Northeast Nuclear Energy Company, et al. Millstone Nuclear Power Station, Unit 3; Notice of Consideration of Approval of Application Regarding Proposed Corporate Merger and Opportunity for a Hearing

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423]

Northeast Nuclear Energy Company, et al. Millstone Nuclear Power

Station, Unit 3; Notice of Consideration of Approval of Application

Regarding Proposed Corporate Merger and Opportunity for a Hearing

The U.S. Nuclear Regulatory Commission (the Commission) is

considering the issuance of an order under 10 CFR 50.80 approving the

indirect transfer of Facility Operating License No. NPF-49 for the

Millstone Nuclear Power Station, Unit No. 3 (Millstone Unit 3), to the

extent held by New England Power Company (NEP), one of 13 joint owners

of Millstone Unit 3. The indirect transfer would be to The National

Grid Group plc (National Grid) resulting from the planned merger of

National Grid and New England Electric System (NEES), the parent

company of NEP.

[[Page 35192]]

According to the application by NEP for approval of the indirect

transfer, on December 11, 1998, NEES entered into an Agreement and Plan

of Merger with National Grid, a holding company incorporated in England

and Wales. Upon consummation of the merger, NEES will become a wholly-

owned indirect subsidiary of National Grid with NEP remaining a

subsidiary of NEES, thereby effecting an indirect transfer of NEP's

interest in Millstone Unit 3's Facility Operating License. Northeast

Utilities, the sole licensed operator of the facility, would remain as

the managing agent for the 13 joint owners of the facility and would

continue to have exclusive responsibility for the management, operation

and maintenance of Millstone Unit 3. The application does not propose a

change in the rights, obligations, or interests of the other joint

owners of Millstone Unit 3. In addition, no physical changes to

Millstone Unit 3 or operational changes are being proposed. No direct

transfer of the license will result from the proposed merger.

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 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 thereto.

The filing of requests for hearing and petitions for leave to

intervene, and written comments regarding the license transfer

application, are discussed below.

By July 20, 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 Edward Berlin, Esq., and Scott P. Klurfeld, Esq.,

Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW, Suite 300,

Washington, DC 20007-5116, attorneys for New England Power Company;

Thomas G. Robinson, Esq., New England Power Company, 25 Research Drive,

Westborough, MA 01582, attorney for New England Power Company; Samuel

Behrends IV, Esq., Mary A. Murphy, Esq., and Yvonne M. Coviello, Esq.,

LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875 Connecticut Avenue, NW,

Suite 1200, Washington, DC 20009, attorneys for the National Grid Group

plc and NGG Holdings LLC; Paul K. Connolly, Jr., Esq., LeBoeuf, Lamb,

Greene & MacRae, L.L.P., 260 Franklin Street, Boston, MA 02110,

attorney for NGG Holdings LLC; Lillian M. Cuoco, Esq., Senior Nuclear

Counsel, Northeast Utilities Service Company, 107 Selden Street,

Berlin, Connecticut, 06037, attorney for Northeast Nuclear Energy

Company; the General Counsel, U.S. Nuclear Regulatory Commission,

Washington, DC 20555 (e-mail address for filings regarding license

transfer cases only: [email protected]); 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 July 30, 1999, 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 15, 1999, submitted under cover of a letter

dated March 15, 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 Millstone Unit 3 local public document

rooms located at the Learning Resources Center, Three Rivers Community-

Technical College, 574 New London Turnpike, Norwich, Connecticut, and

the Waterford Library, ATTN: Vince Juliano, 49 Rope Ferry Road,

Waterford, Connecticut.

Dated at Rockville, Maryland this 21st day of June 1999.

For the Nuclear Regulatory Commission.

John A. Nakoski,

Senior Project Manager, Section 2, Project Directorate I, Division of

Licensing Project Management, Office of Nuclear Reactor Regulation.

[FR Doc. 99-16599 Filed 6-29-99; 8:45 am]

BILLING CODE 7590-01-P