[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