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]
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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:
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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, https://
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, https://
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;
https://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]
-----------------------------------------------------------------------
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, https://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, https://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