[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Notices]
[Pages 66569-66570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31155]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-344]


Portland General Electric Company; Trojan Nuclear Power Station; 
Consideration of Issuance of an Order Authorizing Decommissioning a 
Facility and Opportunity for a Hearing

A. Introduction

    Pursuant to 10 CFR 2.105(a)(9), the U.S. Nuclear Regulatory 
Commission (``the Commission'') hereby gives notice that it is 
considering issuance of an order under 10 CFR 50.82(e) to the Portland 
General Electric Company (``PGE,'' the licensee), for the Trojan 
Nuclear Power Station (``Trojan NPS''), located near Ranier, Oregon. 
The order would involve approval of the Trojan NPS decommissioning plan 
as it relates to the decommissioning of the remaining portions of the 
Trojan NPS.
    On October 12, 1995, the Commission issued a Memorandum and Order, 
CLI-95-13, in which it announced that it would issue a Notice of 
Opportunity for a Hearing on the licensee's decommissioning plan and 
the application of that plan to the completion of the decommissioning 
of the Trojan NPS. The Commission also announced in CLI-95-13 that it 
would ``direct an expedited hearing process in this case.''
    The licensee is the holder of facility Possession Only License No. 
NPF-1, which was issued on May 5, 1993. All spent fuel has been removed 
from the reactor and placed in the plant's spent fuel pool. In 
addition, the pressurizer and the four steam generators have been 
removed from the reactor containment and shipped to a low level waste 
disposal facility.
    By issuance of this order, the licensee would be authorized to 
complete the decommissioning of the Trojan NPS facility in accordance 
with its proposed decommissioning plan, submitted on January 25, 1995, 
as supplemented. Under that plan, PGE intends to dismantle the Trojan 
facility using the DECON decommissioning alternative as defined in 
NUREG-0586, ``Final Generic Environmental Impact Statement on 
Decommissioning of Nuclear Facilities,'' (1988).
    The licensee has proposed to precede the DECON decommissioning and 
dismantlement period with a five-year transition period. Proposed 
activities during the transition period, which began with the permanent 
shutdown of the facility in January 1993, include the removal and 
disposal of selected components, the licensing and construction of an 
Independent Spent Fuel Storage Installation (ISFSI), and the transfer 
of the spent fuel, currently in the spent fuel pool, to the ISFSI. 
Licensing of the ISFSI will be the subject of a separate Notice of 
Opportunity for a Hearing and will not be a part of the proceeding to 
approve the Decommissioning Plan.
    Once the spent fuel has been transferred to the ISFSI the DECON 
phase will begin. The DECON phase will consist of the major disassembly 
and dismantlement of structures systems and components that are 
radioactive. Low level radioactive waste resulting from decommissioning 
activities will be shipped to a licensed waste disposal site for 
burial. The DECON phase will end with the site, except for the ISFSI, 
being released for unrestricted use.

B. Requests for Hearing and Petitions for Leave To Intervene

    By January 22, 1996, the licensee may file a request for a hearing 
with respect to issuance of the order to the subject facility. During 
that same period, any other person whose interest may be affected by 
this proceeding and who wishes to participate as a party in the 
proceeding must file both 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 for Domestic Licensing Proceedings'' 
in 10 CFR Part 2, and the special instructions provided in this notice.
    This notice provides a brief overview of the requirements in 10 CFR 
2.714. However, the fact that a requirement is not addressed in this 
notice does not excuse compliance with that requirement. Each person 
seeking to participate in this proceeding is responsible for complying 
with all applicable requirements. Interested persons should consult a 
current copy of 10 CFR 2.714 which is available at the Commission's 
Public Document Room, the Gelman Building, 2120 L Street, NW. (Lower 
Level), Washington, DC 20555, or the NRC Local Public Document Room, 
located at the Bandford Price Millar Library, Portland State 
University, 934 S.W. Harrison Street (P.O. Box 1151), Portland Oregon 
97207.
    If a request for hearing or a petition for leave to intervene is 
filed by the above date, either the Commission or an Atomic Safety and 
Licensing Board, designated by the Chairman of the Atomic Safety and 
Licensing Board Panel, will rule on the request and/or petition, and 
either the Secretary of the Commission or the designated Atomic Safety 
and Licensing Board will issue a notice of hearing or an appropriate 
order.
    As required by 10 CFR 2.714, both a request for hearing and 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 that proceeding. The petition should 
specifically explain the reasons why intervention should be permitted 
with particular reference to the following factors: (1) The nature of 
the petitioner's right under the Act to be made a party to the 
proceeding; (2) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any order which may be entered in the proceeding on the 
petitioner's interest. The petition should also identify the specific 
aspect(s) of the subject matter of the proceeding as to which the 
petitioner wishes to intervene.

C. Filing of Contentions

    The Commission has determined to take several steps to expedite 
this proceeding. The first step toward expediting this proceeding is to 
require that all contentions be filed at the same time as petitions for 
leave to intervene. Accordingly, any person who files a request for 
hearing and a petition for leave to intervene shall, at the same time, 
submit a supplement to the petition for leave to intervene which must 
include a list of contentions which are sought to be litigated in the 
proceeding. The Commission will issue additional directions to expedite 
this proceeding where appropriate in the future.
    Potential petitioners should not be prejudiced by this requirement 
because the documents which would give rise to potential disputes are 
already in existence and in the public domain. For example, the most 
important document for consideration in the formation of contentions is 
the licensee's proposed decommissioning plan, which has been in the 
public domain since January 25, 1995. The NRC Staff has now prepared 

[[Page 66570]]
both an Environmental Assessment (``EA'') of the plan and a Safety 
Evaluation Report (``SER'') reviewing the plan and those documents are 
available for public review as described below.
    Pursuant to 10 CFR 2.714(b)(2), each contention must consist of a 
specific statement of the issue of law or fact to be raised or 
controverted, including any alleged omission by the licensee or the 
Staff in any action taken or in any document issued relating to this 
matter. In addition, the petitioner shall provide a brief explanation 
of the bases of the contention and a concise statement of the alleged 
facts or expert opinion which support the contention and on which the 
petitioner intends to rely in proving the contention at the hearing. 
The petitioner must also provide references to those specific sources 
and documents of which the petitioner is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
The petitioner must also provide sufficient information to show that a 
genuine dispute exists with the licensee on a material issue of law or 
fact. Under the circumstances of this case, the Commission will 
consider a valid contention to satisfy the aspect requirement noted 
above.
    If a hearing is held, the issue shall be whether an order approving 
the decommissioning plan should be issued. Thus, contentions shall be 
limited to matter relevant to the order under consideration. The 
contention must be one which, if proven, would entitle petitioner to 
relief. A petitioner who fails to file such a supplement which 
satisfies 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.

D. Filing Instructions

    A request for hearing and/or petition for leave to intervene shall 
be filed with the Secretary of the Commission, United States Nuclear 
Regulatory Commission, Washington, DC, 20555-0001; Attention: Docketing 
and Service Branch, or may be delivered to the Commission's Public 
Document Room at 2120 L Street, NW. (Lower Level), Washington, DC by 
the above date. If a request for hearing or a petition for leave to 
intervene is filed within the last five (5) calendar days of this 
period, the filing party should not only file the documents by U.S. 
Mail, but should also fax them to the Secretary of the Commission. The 
fax number for the Office of the Secretary is (301) 415-1672.
    A copy of all filings should also be sent to the Office of General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
Attention: Assistant General Counsel for Hearings and Enforcement, and 
to Douglas R. Nichols, Assistant General Counsel, Portland General 
Electric Company, 121 S.W. Salmon Street, Suite 1300, Portland, Oregon 
97204, attorney for the licensee.
    Non-timely filings of (1) petitions for leave to intervene, (2) 
amended petitions, (3) supplemental petitions and/or (4) requests for 
hearing will not be entertained absent a determination by the 
Commission or the designated Atomic Safety and Licensing Board that the 
non-timely filing should be accepted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 10 CFR 2.714(d). 
Notwithstanding the provisions of 10 CFR 2.714(a)(3), the participants 
will not be allowed to amend their pleadings without leave of the 
Commission or of the designated Board. Under that provision, amendment 
of pleadings without leave is tied to the submission of contentions 
which has been expedited in this case. Answers to any request for 
hearing or petition for leave to intervene should be filed in 
accordance with 10 CFR 2.714(c).
    For further details with respect to this action, see (1) the 
application for decommissioning, including the decommissioning plan, 
dated January 25, 1995, as supplemented on November 13, 1995; (2) the 
NRC Staff's Environmental Assessment, dated December 18, 1995, and (3) 
the NRC Staff's Safety Evaluation Report, dated December 15, 1995. 
These documents are available for public inspection at both the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW. (Lower Level), Washington, DC, and at the NRC Local Public Document 
Room at the Brandford Price Millar Library, Portland State University, 
934 S.W. Harrison Street (P.O. Box 1151), Portland, Oregon 97207. In 
addition, single copies of the Environmental Assessment or the Safety 
Evaluation Report may be requested in writing from Dr. Michael T. 
Masnik, Senior Project Manager, OWFN MS:11-B-20, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

    Dated at Rockville, Maryland, this 18th day of December, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-31155 Filed 12-21-95; 8:45 am]
BILLING CODE 7590-01-P