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 Central Maine Power Company (Central Maine), one of 13

joint owners of Millstone Unit 3. The indirect transfer would be to

Energy East Corporation (Energy East) resulting from the planned

acquisition by Energy East of CMP Group, Inc., the parent holding

company of Central Maine.

According to the October 6, 1999, application by Central Maine for

approval of the indirect transfer, on June 14, 1999, CMP Group, Inc.,

and Energy East signed a definitive agreement for the acquisition of

CMP Group, Inc., by Energy East, subject to regulatory approvals. To

accomplish the acquisition, EE Merger Corp., a Maine corporation that

is a wholly-owned subsidiary of Energy East, will merge with and into

CMP Group, Inc., with CMP Group, Inc., being the surviving corporation.

Upon completion of the acquisition, CMP Group, Inc., will become a

wholly-owned subsidiary of Energy East. In the event the Securities and

Exchange Commission does not permit Energy East to maintain CMP Group,

Inc., as an intermediate holding company under the provisions of the

Public Utility Holding Company Act of 1935, as amended, Energy East

would hold Central Maine directly. 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

[[Page 62231]]

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 December 6, 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 Arthur H. Domby, Esq., Troutman Sanders LLP, Nations

Bank Plaza, 600 Peachtree Street, N.E., Suite 5200, Atlanta, Georgia,

30308-2216, attorney for Central Maine; 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 December 16, 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 October 6, 1999, which is available for public

inspection at the Commission's Public Document Room, the Gelman

Building, 2120 L Street, NW., Washington, DC and electronically on the

NRC's web site http://www.nrc.gov. (the Public Electronic Reading

Room).

For the Nuclear Regulatory Commission.

Dated at Rockville, Maryland this 9th day of November, 1999.

John A. Nakoski, Sr.,

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

Licensing Project Management, Office of Nuclear Reactor Regulation.

[FR Doc. 99-29844 Filed 11-15-99; 8:45 am]

BILLING CODE 7590-01-P