Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Notices 76019

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–35321, License No. 11–

27657–01, EA–03–128] 

In the Matter of All Tech Corporation 

Pocatello, Idaho; Order Imposing Civil 

Monetary Penalty 

All Tech Corporation (Licensee) is the 

holder of Byproduct Material License 

No. 11–27657–01 issued by the Nuclear 

Regulatory Commission (NRC or 

Commission) on March 6, 2000. The 

license authorizes the Licensee to use 

and possess portable gauging devices in 

accordance with the conditions 

specified therein. 

An investigation of the Licensee’s 

activities was initiated on March 18, 

2003. The investigation concluded that 

the Licensee had not conducted its 

activities in full compliance with NRC 

requirements. The results of the 

investigation were discussed with the 

Licensee during a predecisional 

enforcement conference on September 

15, 2003. A written Notice of Violation 

and Proposed Imposition of Civil 

Penalty (Notice) was served upon the 

Licensee by letter dated April 27, 2004. 

The Notice stated the nature of the 

violation, the provision of the NRC’s 

requirements that the Licensee had 

violated, and the amount of the civil 

penalty proposed for the violation. 

The Licensee responded to the Notice 

in a letter dated June 2, 2004. In its 

response, the Licensee denied the 

violation in whole and requested 

remission or mitigation of the civil 

penalty. 

After consideration of the Licensee’s 

response and the statements of fact, 

explanation, and argument for 

mitigation contained therein, the NRC 

staff has determined that the violation 

occurred as stated and that the penalty 

proposed for the violation designated in 

the Notice should be imposed. 

In view of the foregoing and pursuant 

to Section 234 of the Atomic Energy Act 

of 1954, as amended (Act), 42 U.S.C. 

2282, and 10 CFR 2.205, It is hereby 

ordered that:

The Licensee pay a civil penalty in 

the amount of $6,000 within 30 days of 

the date of this Order, in accordance 

with NUREG/BR–0254. In addition, at 

the time of making the payment, the 

licensee shall submit a statement 

indicating when and by what method 

payment was made, to the Director, 

Office of Enforcement, U.S. Nuclear 

Regulatory Commission, One White 

Flint North, 11555 Rockville Pike, 

Rockville, MD 20852–2738.

The Licensee may request a hearing 

within 30 days of the date of this Order. 

Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time must be made in 

writing to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and include a statement of good cause 

for the extension. A request for a 

hearing should be clearly marked as a 

‘‘Request for an Enforcement Hearing’’

and shall be submitted to the Secretary, 

U.S. Nuclear Regulatory Commission, 

ATTN: Rulemakings and Adjudications 

Staff, Washington, DC 20555. Copies 

also shall be sent to the Director, Office 

of Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, to 

the Assistant General Counsel for 

Materials Litigation and Enforcement at 

the same address, and to the Regional 

Administrator, NRC Region IV, 611 

Ryan Plaza Drive, Suite 400, Arlington, 

Texas 76011. Because of continuing 

disruptions in delivery of mail to United 

States Government offices, it is 

requested that requests for hearing be 

transmitted to the Secretary of the 

Commission either by means of 

facsimile transmission to 301–415–1101 

or by e-mail to hearingdocket@nrc.gov

and also to the Office of the General 

Counsel either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov.

If a hearing is requested, the 

Commission will issue an Order 

designating the time and place of the 

hearing. If the Licensee fails to request 

a hearing within 30 days of the date of 

this Order (or if written approval of an 

extension of time in which to request a 

hearing has not been granted), the 

provisions of this Order shall be 

effective without further proceedings. If 

payment has not been made by that 

time, the matter may be referred to the 

Attorney General for collection. 

In the event the Licensee requests a 

hearing as provided above, the issues to 

be considered at such hearing shall be: 

(a) Whether the Licensee was in 

violation of the Commission’s 

requirements as set forth in the Notice 

referenced in Section II above, and 

(b) Whether, on the basis of such 

violation, this Order should be 

sustained.

Dated this 10th day of December 2004.

For the Nuclear Regulatory Commission. 

Frank Congel, 

Director, Office of Enforcement.

[FR Doc. 04–27731 Filed 12–17–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–498 AND 50–499] 

STP Nuclear Operating Company, et 

al., South Texas Project, Units 1 and 2; 

Notice of Consideration of Approval of 

Application Transfer of Facility 

Operating Licenses and Conforming 

Amendments and Opportunity for a 

Hearing 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering issuance of an order 

under Section 50.80 of Title 10 of the 

Code of Federal Regulations (10 CFR), 

approving the direct transfer of Facility 

Operating License Nos. NPF–76 and 

NPF–80 for South Texas Project (STP), 

Units 1 and 2, respectively, to the extent 

held by AEP Texas Central Company 

(TCC). The Commission is further 

considering amending the licenses for 

administrative purposes to reflect the 

proposed transfer, including removing 

references to TCC in the licenses. 

The application requests the consent 

of the NRC to the proposed direct 

transfer of the STP, Units 1 and 2, 

licenses to the extent held by TCC by 

virtue of the direct transfer of TCC’s 

25.2 percent undivided ownership 

interest in STP, Units 1 and 2 (TCC’s 

ownership interest in STP) to STP coowners Texas Genco, LP (Texas Genco) 

and/or City Public Service Board of San 

Antonio (CPS). According to the 

application, it is currently anticipated 

that the following proportionate shares 

of TCC’s ownership interest in STP will 

be transferred to Texas Genco and CPS: 

a 13.2 percent undivided ownership 

interest to Texas Genco and a 12 percent 

undivided ownership interest to CPS. If, 

however, the transfer to either Texas 

Genco or CPS fails to take place, the 

party whose transfer has not failed to 

take place will be obligated, subject to 

the terms and conditions of a September 

3, 2004, Purchase and Sale Agreement 

between TCC, CPS, and Texas Genco 

(Purchase and Sale Agreement), to 

purchase all of TCC’s ownership interest 

in STP. 

(In a separate but parallel action, an 

October 12, 2004, application requests 

the consent of the NRC to the proposed 

indirect transfer of control of the STP, 

Units 1 and 2, licenses to the extent 

held by Texas Genco by virtue of the 

transfer of ownership of approximately 

81 percent of the stock of Texas Genco’s 

indirect parent company, Texas Genco 

Holdings Inc. (TGN), from CenterPoint 

Energy, Inc., (CenterPoint Energy) to GC 

Power Acquisitions, LLC (GC Power). 

Texas Genco is an indirect subsidiary of 

TGN and TGN is an indirect subsidiary