Portland General Electric Company, Trojan Nuclear Plant, Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Proposed Corporate Restructuring and Opportunity for a Hearing, 50427-50428 [E5-4682]

Download as PDF Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices to the Secretary, U.S. Nuclear Regulatory Commission, Attn: Chief, Rulemaking and Adjudications Staff, Washington, DC 20555. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, to the Director of the Division of Regulatory Improvement Programs at the same address, and to Mr. Guariglia. Because Mr. Guariglia’s home address has been deleted pursuant to 10 CFR 2.390, his copy should be provided to the NRC Office of Enforcement who will forward it to Mr. Guariglia. Because of continuing disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301–415–1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel by means of facsimile transmission to 301–415–3725 or e-mail to OGCMailCenter@nrc.gov. If such a person requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order shall be sustained. An answer or a request for a hearing shall not stay the effectiveness date of this Order. Dated this 18th day of August, 2005. For the Nuclear Regulatory Commission. Michael Johnson, Director, Office of Enforcement. [FR Doc. E5–4686 Filed 8–25–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [DOCKET NO. 72–17] Portland General Electric Company, Trojan Nuclear Plant, Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Proposed Corporate Restructuring and Opportunity for a Hearing Nuclear Regulatory Commission. ACTION: Notice of consideration of approval of proposed corporate AGENCY: VerDate jul<14>2003 16:18 Aug 25, 2005 Jkt 205001 restructuring and opportunity for hearing. FOR FURTHER INFORMATION CONTACT: Christopher M. Regan, Senior Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 415–1179; fax number: (301) 415–1179; e-mail: cmr1@nrc.gov. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (the Commission or NRC) is considering the issuance of an order under 10 CFR 72.50 approving the indirect transfer of Special Nuclear Materials (SNM) License No. SNM–2509 for the Trojan Independent Spent Fuel Storage Installation (ISFSI). The indirect transfer has been requested by Portland General Electric Company (PGE) and Stephen Forbes Cooper, LLC. (SFC), as Disbursing Agent on behalf of the Reserve for Disputed Claims (Reserve), to facilitate implementation of the transfer of 100% of PGE’s common stock held by the Enron Corporation (Enron) to the creditors of Enron. This is to be done by canceling the existing PGE common stock held by Enron and by authorizing and issuing to Enron’s creditors new PGE common stock. The issuance of the new PGE common stock will not change the status as NRC licensee of the Trojan ISFSI, and there will be no direct transfer of the Trojan ISFSI license. Control of the 10 CFR Part 72 license for the Trojan ISFSI, now held by PGE and its co-owners, will remain with PGE and the same coowners, and will not be affected by the issuance of the new PGE common stock. Issuance of the new PGE common stock will not affect PGE’s technical and financial qualifications and its ability to continue funding its share of the costs of operating, maintaining, and ultimately decommissioning the Trojan ISFSI. No physical changes to the Trojan ISFSI or operational changes are being proposed in the application. Pursuant to 10 CFR 72.50, no license, or any part included in the license issued under 10 CFR Part 72 for an ISFSI shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person unless the Commission gives its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 50427 orders issued by the Commission pursuant thereto. 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. Within 20 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of approval of the indirect transfer for the subject ISFSI operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission’s rules of practice set forth in Subpart C and Subpart M, ‘‘Hearing Requests and Procedures for Hearings on License Transfer Applications,’’ of 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. Publicly available records will be accessible from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http:// www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing or petition for leave to intervene is filed within 20 days after the date of publication of this notice, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address and telephone number of the requestor or petitioner; (2) the nature of the requestor’s/petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the proceeding; and (4) the possible E:\FR\FM\26AUN1.SGM 26AUN1 50428 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices effect of any decision or order which may be entered in the proceeding on the requestor’s/petitioner’s interest. The petition must also identify the specific contentions which the requestor/ petitioner seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/ petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)–(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the VerDate jul<14>2003 16:18 Aug 25, 2005 Jkt 205001 Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff at (301) 415– 1101, verification number is (301) 415– 1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, and it is requested that copies be transmitted either by means of facsimile transmission to (301) 415– 3725 or by e-mail to OGCMailCenter@nrc.gov. Requests for a hearing and petitions for leave to intervene should be served upon Mr. Stephen M. Quennoz, Vice President, Power Supply/Generation, Portland General Electric Company, Trojan Nuclear Power Plant, 71760 Columbia River Highway, Rainier, Oregon 97048, Samuel Behrends IV, LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875 Connecticut Avenue, NW., Suite 1200, Washington, DC 20009–5728, phone: (202) 986–8000, facsimile: (202) 986– 8102, and Disputed Claims Reserve, c/ o Stephen Forbes Cooper, LLC., 101 Eisenhower Parkway, Roseland, New Jersey 07068. 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 September 26, 2005, 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 Office of 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. Further Information: For further details with respect to this action, see the application dated July 12, 2005, available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O–1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System’s (ADAMS) Public PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 Electronic Reading Room on the Internet at the NRC web site, http:// www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1 (800) 397–4209, (301) 415–4737 or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland this 16th day of August, 2005. For the Nuclear Regulatory Commission. Christopher M. Regan, Senior Project Manager, Licensing Section, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. E5–4682 Filed 8–25–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Standard Review Plan (NUREG–0800), Chapter 13.0, ‘‘Conduct of Operations,’’ Sections 13.1.2–13.1–3, ‘‘Operating Organization,’’ Revision 5, and Associated NUREG–1791, ‘‘Guidance for Assessing Exemption Requests From The Nuclear Power Plant Licensed Operator Staffing Requirements Specified in 10 CFR 50.54(m),’’ Dated July, 2005: Availability of NUREG Documents Nuclear Regulatory Commission. ACTION: Notice of availability. AGENCY: SUMMARY: The Nuclear Regulatory Commission is announcing the completion and availability of two NUREG documents: (1) NUREG–0800, Standard Review Plan, Chapter 13.0, ‘‘Conduct of Operations,’’ Sections 13.1–2, 13.1–3, ‘‘Operating Organization,’’ Rev. 5, dated July 2005; and, (2) NUREG–1791, ‘‘Guidance for Assessing Exemption Requests From the Nuclear Power Plant Licensed Operator Staffing Requirements Specified in 10 CFR 50.54(m),’’ dated July, 2005. ADDRESSES: Copies of these NUREG documents may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20402–9328; http://www.access.gpo.gov/su_docs; 202–512–1800 or The National Technical Information Service, Springfield, Virginia 22161–0002; http:/ /www.ntis.gov; 1–800–533–6847 or, locally, 703–805–6000. Copies of these documents are also available for inspection and/or copying for a fee in the NRC Public Document Room, 11555 Rockville Pike, Rockville, Maryland. As of November 1, 1999, you E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50427-50428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4682]


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NUCLEAR REGULATORY COMMISSION

[DOCKET NO. 72-17]


Portland General Electric Company, Trojan Nuclear Plant, 
Independent Spent Fuel Storage Installation; Notice of Consideration of 
Approval of Proposed Corporate Restructuring and Opportunity for a 
Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of approval of proposed corporate 
restructuring and opportunity for hearing.

-----------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: Christopher M. Regan, Senior Project 
Manager, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone: (301) 415-1179; fax number: (301) 415-1179; e-mail: 
cmr1@nrc.gov.

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (the 
Commission or NRC) is considering the issuance of an order under 10 CFR 
72.50 approving the indirect transfer of Special Nuclear Materials 
(SNM) License No. SNM-2509 for the Trojan Independent Spent Fuel 
Storage Installation (ISFSI). The indirect transfer has been requested 
by Portland General Electric Company (PGE) and Stephen Forbes Cooper, 
LLC. (SFC), as Disbursing Agent on behalf of the Reserve for Disputed 
Claims (Reserve), to facilitate implementation of the transfer of 100% 
of PGE's common stock held by the Enron Corporation (Enron) to the 
creditors of Enron. This is to be done by canceling the existing PGE 
common stock held by Enron and by authorizing and issuing to Enron's 
creditors new PGE common stock.
    The issuance of the new PGE common stock will not change the status 
as NRC licensee of the Trojan ISFSI, and there will be no direct 
transfer of the Trojan ISFSI license. Control of the 10 CFR Part 72 
license for the Trojan ISFSI, now held by PGE and its co-owners, will 
remain with PGE and the same co-owners, and will not be affected by the 
issuance of the new PGE common stock. Issuance of the new PGE common 
stock will not affect PGE's technical and financial qualifications and 
its ability to continue funding its share of the costs of operating, 
maintaining, and ultimately decommissioning the Trojan ISFSI. No 
physical changes to the Trojan ISFSI or operational changes are being 
proposed in the application.
    Pursuant to 10 CFR 72.50, no license, or any part included in the 
license issued under 10 CFR Part 72 for an ISFSI shall be transferred, 
assigned, or in any manner disposed of, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person unless the Commission gives its consent in 
writing. The Commission will approve an application for the indirect 
transfer of a license, if the Commission determines that the proposed 
transferee is qualified to hold 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 with regard to the indirect license 
transfer application, are discussed below.
    Within 20 days after the date of publication of this notice, the 
licensee may file a request for a hearing with respect to issuance of 
approval of the indirect transfer for the subject ISFSI operating 
license and any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
must file a written request for a hearing and a petition for leave to 
intervene. Requests for a hearing and petitions for leave to intervene 
shall be filed in accordance with the Commission's rules of practice 
set forth in Subpart C and Subpart M, ``Hearing Requests and Procedures 
for Hearings on License Transfer Applications,'' of 10 CFR Part 2. 
Interested persons should consult a current copy of 10 CFR 2.309, which 
is available at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area 01F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852. Publicly available records 
will be accessible from the Agencywide Documents Access and Management 
System's (ADAMS) Public Electronic Reading Room on the Internet at the 
NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a 
request for a hearing or petition for leave to intervene is filed 
within 20 days after the date of publication of this notice, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order. As required 
by 10 CFR 2.309, a petition for leave to intervene shall set forth with 
particularity the interest of the petitioner in the proceeding, and how 
that interest may be affected by the results of the proceeding. The 
petition should specifically explain the reasons why intervention 
should be permitted with particular reference to the following general 
requirements: (1) The name, address and telephone number of the 
requestor or petitioner; (2) the nature of the requestor's/petitioner's 
right under the Act to be made a party to the proceeding; (3) the 
nature and extent of the requestor's/petitioner's property, financial, 
or other interest in the proceeding; and (4) the possible

[[Page 50428]]

effect of any decision or order which may be entered in the proceeding 
on the requestor's/petitioner's interest. The petition must also 
identify the specific contentions which the requestor/petitioner seeks 
to have litigated at the proceeding. Each contention must consist of a 
specific statement of the issue of law or fact to be raised or 
controverted. In addition, the requestor/petitioner shall provide a 
brief explanation of the bases for the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the requestor/petitioner intends to rely in 
proving the contention at the hearing. The requestor/petitioner must 
also provide references to those specific sources and documents of 
which the requestor/petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion. The 
petition must include sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party. 
Those permitted to intervene become parties to the proceeding, subject 
to any limitations in the order granting leave to intervene, and have 
the opportunity to participate fully in the conduct of the hearing. 
Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission or the presiding 
officer of the Atomic Safety and Licensing Board that the petition, 
request and/or the contentions should be granted based on a balancing 
of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii). A request for 
a hearing or a petition for leave to intervene must be filed by: (1) 
First class mail addressed to the Office of the Secretary of the 
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemaking and Adjudications Staff; (2) courier, 
express mail, and expedited delivery services: Office of the Secretary, 
Sixteenth Floor, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852, Attention: Rulemaking and Adjudications 
Staff; (3) e-mail addressed to the Office of the Secretary, U.S. 
Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile 
transmission addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff at (301) 415-1101, verification 
number is (301) 415-1966. A copy of the request for hearing and 
petition for leave to intervene should also be sent to the Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and it is requested that copies be transmitted either by 
means of facsimile transmission to (301) 415-3725 or by e-mail to 
OGCMailCenter@nrc.gov. Requests for a hearing and petitions for leave 
to intervene should be served upon Mr. Stephen M. Quennoz, Vice 
President, Power Supply/Generation, Portland General Electric Company, 
Trojan Nuclear Power Plant, 71760 Columbia River Highway, Rainier, 
Oregon 97048, Samuel Behrends IV, LeBoeuf, Lamb, Greene & MacRae, 
L.L.P., 1875 Connecticut Avenue, NW., Suite 1200, Washington, DC 20009-
5728, phone: (202) 986-8000, facsimile: (202) 986-8102, and Disputed 
Claims Reserve, c/o Stephen Forbes Cooper, LLC., 101 Eisenhower 
Parkway, Roseland, New Jersey 07068.
    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 September 26, 2005, 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 Office of 
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.
    Further Information: For further details with respect to this 
action, see the application dated July 12, 2005, available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area O-1F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System's (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC web site, http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS, should contact the NRC PDR 
Reference staff by telephone at 1 (800) 397-4209, (301) 415-4737 or by 
e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland this 16th day of August, 2005.

    For the Nuclear Regulatory Commission.
Christopher M. Regan,
Senior Project Manager, Licensing Section, Spent Fuel Project Office, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. E5-4682 Filed 8-25-05; 8:45 am]
BILLING CODE 7590-01-P