Baltimore Gas and Electric Company; Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Materials License and Opportunity for a Hearing

[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Notices]
[Pages 1244-1245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-374]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-317, 50-318 and 72-18]


Baltimore Gas and Electric Company; Notice of Consideration of 
Approval of Transfer of Facility Operating Licenses and Materials 
License 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 and 10 CFR 
72.50 approving the indirect transfer of Operating License Nos. DPR-53 
and DPR-69 for Calvert Cliffs Unit Nos.1 and 2 and Materials License 
No. SMN-2505 for the Calvert Cliffs Independent Spent Fuel Storage 
Installation (ISFSI), held by Baltimore Gas and Electric Company (BGE). 
The indirect transfer would be to a proposed holding company to be 
created above BGE.
    By application dated November 20, 1998, BGE informed the Commission 
of a proposed corporate restructuring of BGE under which a new holding 
company would be formed and BGE would become a wholly owned subsidiary 
of the new holding company. The application requested consent to the 
extent the proposed restructuring would effect a transfer of control of 
the license. Under the proposed restructuring, BGE would continue to 
hold the license and there would be no direct transfer of the licenses. 
According to the application, BGE would remain an ``electric utility'' 
as defined in 10 CFR 50.2.
    The proposed restructuring does not involve any change in the 
design or operation of either the Calvert Cliffs Nuclear Power Plant or 
the Calvert Cliffs ISFSI, or any change in the terms and conditions of 
the existing licenses or Technical Specifications.
    Pursuant to 10 CFR 50.80 and 10 CFR 72.50, 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 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 license transfer 
applications, are discussed below.
    By January 28, 1999, any person whose interest may be affected by 
the Commission's 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 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 Mr. Charles H. Cruse, Vice President--Nuclear Energy, 
Baltimore Gas and Electric Company, Calvert Cliffs Nuclear Power Plant, 
1650 Calvert Cliffs Parkway, Lusby, MD 20657-4072; the attorney for the 
licensee, Mr. Jay E. Silberg, Esquire, Shaw, Pittman, Potts and 
Trowbridge, 2300 N Street, NW, Washington, D.C. 20037; the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555; 
and the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 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 February 8, 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

[[Page 1245]]

Regulatory Commission, Washington, D.C. 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 November 20, 1998, which is 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 Calvert County Library, Prince Frederick, 
Maryland 20678.

    Dated at Rockville, Maryland, this 4th day of January 1999.

    For the Nuclear Regulatory Commission.
S. Singh Bajwa,
Director, Project Directorate I-1, Division of Reactor Projects--I/II, 
Office of Nuclear Reactor Regulation.
[FR Doc. 99-374 Filed 1-7-99; 8:45 am]
BILLING CODE 7590-01-P