[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43461-43462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3994]


=======================================================================
-----------------------------------------------------------------------

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: 
[email protected].

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 
License No. (SNM) -2509 for the Trojan Independent Spent Fuel Storage 
Installation (ISFSI) currently held by PacifiCorp Holdings, Inc. 
(PacifiCorp) as minority owner and non-operating licensee of the Trojan 
ISFSI. The indirect transfer would be to MidAmerican Energy Holdings 
Company (MidAmerican).
    The indirect transfer will occur in connection with the sale of 
PacifiCorp, a wholly-owned indirect subsidiary of Scottish Power plc, 
to NWQ, LLC, a Delaware limited liability corporation and a wholly-
owned subsidiary of MidAmerican. PacifiCorp will continue to be a 2.5% 
non-operating licensee of the Trojan ISFSI and as such PacifiCorp's 
license is not being transferred to another party. Instead, under the 
transaction, MidAmerican will acquire all of the issued and outstanding 
common stock of PacifiCorp.
    According to an application for approval filed by PacifiCorp, 
MidAmerican would acquire all of the issued and outstanding common 
stock of Pacificorp to the Trojan ISFSI following approval of the 
proposed indirect license transfer. 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.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any motion relevant to the license of an ISFSI which 
does no more than reflect the indirect transfer action involves no 
genuine issue as to whether the health and safety of the public will be 
significantly affected. No contrary determination has been made with 
respect to this specific application. In light of the generic 
determination reflected in 10 CFR 2.1315, no public comments with 
respect to such determinations are being solicited.
    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 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. 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, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request 
for a hearing

[[Page 43462]]

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 effect of any decision or order which 
may be entered in the proceeding on the requestors/petitioner's 
interest. The petition must also identify the specific contentions 
which the petitioner/requestor 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 
petitioner/requestor 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 petitioner/ 
requestor intends to rely in proving the contention at the hearing. The 
petitioner/requestor must also provide references to those specific 
sources and documents of which the petitioner/requestor 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 petitioner/requestor to relief. A petitioner/
requestor 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, [email protected]; or (4) facsimile 
transmission addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC, 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 [email protected]. 
Requests for a hearing and petitions for leave to intervene should be 
served upon Douglas L. Anderson and Jon A. Andreasen of MidAmerican 
Energy Holdings Company, 666 Grand Avenue, Des Moines, Iowa 50303; M. 
Douglas Dunn, Steven M Kramer, and Carla J. Urquhart of Milbank, Tweed, 
Hadley & McCloy L.L.P., 1 Chase Manhatten Plaza, New York, New York, 
10005, ph.: (212) 530-5000; Jeffery B. Erb of PacifiCorp, Suite 1900, 
825 N.E. Multnomah, Portland, Oregon, 92732; and Sam Behrends IV and 
Robert M. Andersen of LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875 
Connecticut Avenue, NW., Suite 1200, Washington, DC 20009-5728, ph.: 
(202) 986-8000, facsimile: (202)986-8102.
    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 August 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 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 June 30, 2005, 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. 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].

For The Nuclear Regulatory Commission.
    Dated in Rockville, Maryland this 20th day of July 2005.
Christopher M. Regan,
Senior Project Manager, Licensing Section, Spent Fuel Project Office, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. E5-3994 Filed 7-26-05; 8:45 am]
BILLING CODE 7590-01-P