[Federal Register Volume 64, Number 222 (Thursday, November 18, 1999)]
[Notices]
[Pages 63060-63061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30109]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-344]


PacifiCorp (Trojan Nuclear Plant); Order Approving Application 
Regarding Proposed Merger

I

    Portland General Electric is authorized to act as agent for the 
joint owners of the Trojan Nuclear Plant and has exclusive 
responsibility and control over the physical construction, operation, 
maintenance, and decommissioning of the facility as reflected in 
Facility Operating License No. NPF-1. PacifiCorp, one of the joint 
owners, holds a 2.5 percent interest in Trojan. The other two owners of 
Trojan are Portland General Electric with a 67.5 percent interest and 
the Eugene Water and Electric Board with a 30 percent interest. The 
Nuclear Regulatory Commission issued Facility Operating License No. 
NPF-1 on November 21, 1975. The facility is located on the west bank of 
the Columbia River in Columbia County, Oregon, and is permanently 
shutdown and being decommissioned.

II

    By an application dated May 24, 1999, PacifiCorp requested approval 
of an indirect transfer of the license for the Trojan Nuclear Plant, to 
the extent held by PacifiCorp, in connection with a proposed change in 
ownership of PacifiCorp. The application was supplemented September 20 
and September 23, 1999 (collectively herein referred to as ``the 
application'').
    PacifiCorp is a diversified energy company headquartered in 
Portland, Oregon. The requested approval of the indirect transfer 
relates to a proposed merger under which PacifiCorp would remain a 
domestic corporation but become an indirect wholly-owned subsidiary of 
ScottishPower plc, a public limited company incorporated under the laws 
of Scotland which owns and operates electric generation, transmission, 
and distribution facilities in Scotland, England, and Wales. 
ScottishPower plc will become a subsidiary of New ScottishPower plc, a 
public limited company also incorporated in Scotland, which will 
register as a public utility holding company. No direct transfer of the 
license will occur as a result of the proposed merger, as PacificCorp 
would continue to hold the license to the same extent it now holds the 
license. The other co-owners of Trojan are not involved in the proposed 
merger. No changes to decommissioning activities or to the license are 
being proposed in the application.
    Approval of the indirect transfer was requested pursuant to 10 CFR 
50.80. Notice of the application for approval and an opportunity for a 
hearing was published in the Federal Register on August 2, 1999 (64 FR 
41972). No hearing requests were filed.
    Under 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 gives its consent in writing. Upon 
review of the information in the application, and other information 
before the Commission, the NRC staff has determined that the proposed 
merger will not affect the qualifications of PacifiCorp as a holder of 
Facility Operating License No. NPF-1, and that the indirect transfer of 
the license, to the extent affected by the proposed merger, is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission, subject to the conditions set 
forth herein. These findings are supported by a safety evaluation dated 
November 10, 1999.

III

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Atomic Energy Act of 1954, as amended, 42 U.S.C 2201(b), 2201(i), 
2201(o), and 2234; and 10 CFR 50.80, it is hereby ordered That the 
application regarding the indirect license transfer referenced above is 
approved, subject to the following conditions:
    1. No later than the time the proposed merger with ScottishPower is 
consummated, PacifiCorp shall establish and make operational a Special 
Nuclear Committee, as described in the application, having the 
composition, authority, responsibilities, and obligations specified in 
the application. No material changes with respect to the Special 
Nuclear Committee may be made without the prior written consent of the 
Director, Office of Nuclear Reactor Regulation. The foregoing 
provisions may be modified by the Commission upon application and for 
good cause shown.
    2. The Special Nuclear Committee shall have the responsibility and 
exclusive authority to ensure, and shall ensure, that the business and 
activities of PacifiCorp with respect to the Trojan license are at all 
times conducted in a manner consistent with the protection of the 
public health and safety and common defense and security of the United 
States.
    3. PacifiCorp shall provide the Director, Office of Nuclear Reactor 
Regulation, with a copy of any application, at the time it is filed, to 
transfer (excluding grants of security interests or liens) from 
PacificCorp to its direct or indirect parent, or to any other 
affiliated company, facilities for the production, transmission, or 
distribution of electric energy having a depreciated book value 
exceeding 10 percent of PacifiCorp's consolidated net utility plant, as 
recorded on PacifiCorp's books of account.
    4. Should the proposed merger not be completed by October 30, 2000, 
this Order shall become null and void, provided, however, upon 
application and for good cause shown, such date may be extended.

IV

    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated May 24, 1999, supplemental submissions dated 
September 20 and September 23, 1999, and the safety evaluation dated 
November 10, 1999, which are available for public inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street 
NW., Washington DC, and accessible electronically through the ADAMS 
Public Electronic Reading

[[Page 63061]]

Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland, this 10th day of November 1999.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-30109 Filed 11-18-99; 8:45 am]
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