[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54159-54160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20193]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-344, License No. NPF-1; Docket No. 72-017, License No.
SNM-2509]
Portland General Electric Company; Notice of Consideration of
Approval of Portland General Electric Company's Application for Consent
for Indirect Transfer of Facility Licenses for the Trojan Nuclear Plant
and Trojan Independent Spent Fuel Storage Installation and Opportunity
for Hearing
The U.S. Nuclear Regulatory Commission (the Commission or NRC) is
considering the issuance of an order under 10 CFR 50.80 and 72.50
approving the indirect transfer of Portland General Electric's (PGE's)
licenses NPF-1 [for the Trojan Nuclear Plant (TNP)] and SNM-2509 [for
the Trojan Independent Spent Fuel Storage Installation (ISFSI)] from
Enron Corp. (Enron) to Oregon Electric Utility Company, LLC (OEUC).
In a letter dated June 14, 2004, Portland General Electric Company
(PGE) requested NRC consent to the acquisition of all the issued and
outstanding common shares of PGE stock by OEUC. PGE owns 67.5 percent
interest in the TNP and the Trojan ISFSI. According to the application,
on November 18, 2003, PGE's corporate parent Enron and OEUC entered
into a definitive agreement (the Transaction) under which OEUC will
acquire all of the issued, and outstanding, common shares of PGE stock
and become the sole
[[Page 54160]]
owner of PGE. OEUC is an Oregon limited liability company formed for
the sole purpose of holding the common stock ownership of PGE. PGE
would continue to be the NRC licensee of TNP and the Trojan ISFSI. In
its application, PGE states that no physical changes will be made to
the TNP or the Trojan ISFSI as a result of the proposed indirect
transfer of the TNP and Trojan ISFSI licenses. Further, PGE states that
the proposed transfers will not involve any changes to the current TNP
or Trojan ISFSI licensing bases.
Pursuant to 10 CFR 50.80 and 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 indirect transfer of a license, if the Commission determines that
the underlying transaction that will effectuate the indirect transfer
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 with regard to the license transfer
application, are discussed below.
Any person whose interest may be affected by the Commission's
action on the application may request a hearing by November 15, 2004,
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 2.309, and should address the
considerations contained in 10 CFR 2.309(d) and (f). Untimely requests
and petitions may be denied, as provided in 10 CFR 2.309(c), 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 2.309(c)(1)(I)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon Samuel Behrends IV, LeBouef, Lamb, Greene & McRae, 1875
Connecticut Ave., NW., Suite 1200, Washington, DC 20009
([email protected]) and Jay E. Silberg, Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037 ([email protected]); the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001 (e-mail address for filings regarding license transfer cases
only: [email protected]; and the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.305.
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 October 14, 2004, 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 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.
For further details with respect to this action, see the
application dated June 14, 2004, available for public inspection at the
Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area O1 F21, 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 (ADAMS Accession
Nos. ML041700579, ML041700583, and ML041750439). 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
[email protected].
Dated in Rockville, Maryland this 31st day of August, 2004.
For The Nuclear Regulatory Commission.
Andrew Persinko,
Acting Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 04-20193 Filed 9-3-04; 8:45 am]
BILLING CODE 7590-01-P