32334 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Notices 

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 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 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 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. 

If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

Nontimely 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(c)(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, 

HEARINGDOCKET@NRC.GOV; 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 email to OGCMailCenter@nrc.gov. A copy 

of the request for hearing and petition 

for leave to intervene should also be 

sent to A.H. Gutterman, Esq., Morgan, 

Lewis & Bockius, 1111 Pennsylvania 

Avenue, NW., Washington, DC 20004, 

the attorney for the licensee. 

For further details with respect to this 

action, see the application for 

amendment dated June 6, 2006, which 

is available for public inspection at the 

Commission’s PDR, located at One 

White Flint North, File Public Area 

O1F21, 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/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 pdr@nrc.gov. 

Dated at Rockville, Maryland, this 5th day 

of June, 2007. 

For the Nuclear Regulatory Commission. 

Mohan C Thadani, 

Senior Project Manager, Plant Licensing 

Branch IV, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E7–11300 Filed 6–11–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

DATE: Weeks of June 11, 18, 25, July 2, 

9, 16, 2007. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and closed. 

MATTERS TO BE CONSIDERED: 

Week of June 11, 2007 

There are no meetings scheduled for 

the Week of June 11, 2007. 

Week of June 18, 2007—Tentative 

There are no meetings scheduled for 

the Week of June 18, 2007. 

Week of June 25, 2007—Tentative 

There are no meetings scheduled for 

the Week of June 25, 2007. 

Week of July 2, 2007—Tentative 

There are no meetings scheduled for 

the Week of July 2, 2007. 

Week of July 9, 2007—Tentative 

There are no meetings scheduled for 

the Week of July 9, 2007. 

Week of July 16, 2007—Tentative 

Wednesday, July 18, 2007 

1 p.m. Briefing on Digital 

Instrumentation and Control (Public 

Meeting). 


cprice-sewell on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Notices 32335 

This meeting will be webcast live at 

the Web address http://www.nrc.gov. 

* * * * * 

* The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Michelle Schroll, (301) 415–1662. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

REB3@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

* * * * * 

This notice is distributed by mail to 

several hundred subscribers; if you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969). 

In addition, distribution of this meeting 

notice over the Internet system is 

available. If you are interested in 

receiving this Commission meeting 

schedule electronically, please send an 

electronic message to dkw@nrc.gov. 

Dated: June 7, 2007. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 07–2926 Filed 6–8–07; 1:01 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–17; EA–07–124] 

In the Matter of Portland General 

Electric Company, Trojan Independent 

Spent Fuel Storage Installation, 

Modifying License (Effective 

Immediately) 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Issuance of order imposing 

fingerprinting and criminal history 

check requirements for unescorted 

access to certain spent fuel storage 

facilities. 

FOR FURTHER INFORMATION CONTACT: L. 

Raynard Wharton, Senior Project 

Manager, Licensing and Inspection 

Directorate, Division of Spent Fuel 

Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards 

(NMSS), U.S. Nuclear Regulatory 

Commission (NRC), Rockville, MD 

20852. Telephone: (301) 492–3316; fax 

number: (301) 492–3348; e-mail: 

lrw@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to 10 CFR 2.202, NRC (or the 

Commission) is providing notice, in the 

matter of Trojan Independent Spent 

Fuel Storage Installation (ISFSI) Order 

Modifying License (Effective 

Immediately). 

II. Further Information 

I. 

The NRC has issued a specific license, 

to the Portland General Electric 

Company (PGE), authorizing storage of 

spent fuel in an ISFSI, in accordance 

with the Atomic Energy Act (AEA) of 

1954, as amended, and Title 10 of the 

Code of Federal Regulations (10 CFR) 

part 72. On August 8, 2005, the Energy 

Policy Act of 2005 (EPAct) was enacted. 

Section 652 of the EPAct amended 

Section 149, of the AEA, to require 

fingerprinting and a Federal Bureau of 

Investigation (FBI) identification and 

criminal history records check of any 

individual who is permitted unescorted 

access to radioactive material or other 

property subject to regulation by the 

Commission, which the Commission 

determines to be of such significance to 

the public health and safety or the 

common defense and security, as to 

warrant fingerprinting and background 

checks. The Commission has 

determined that spent fuel storage 

facilities meet the requisite threshold 

warranting these additional measures. 

Though a rulemaking to implement the 

fingerprinting provisions of the EPAct is 

currently underway, the NRC has 

decided to implement this particular 

requirement by Order, in part, prior to 

the completion of the rulemaking 

because a deliberate malevolent act by 

an individual with unescorted access to 

spent fuel storage facilities has a 

potential to result in significant adverse 

impacts to the public health and safety 

or the common defense and security. 

Those exempted from fingerprinting 

requirements under 10 CFR 73.61 [72 

FR 4945 (February 2, 2007)] are also 

exempt from the fingerprinting 

requirements under this Order. In 

addition, individuals who have had a 

favorably decided U.S. Government 

criminal history records check within 

the last five (5) years, or individuals 

who have active federal security 

clearance (provided in either case that 

they make available the appropriate 

documentation), have satisfied the 

EPAct fingerprinting requirement and 

need not be fingerprinted again. Also, 

individuals who have been 

fingerprinted and granted access to 

Safeguards Information (SGI) by the 

reviewing official under the previous 

fingerprinting order, ‘‘Order Imposing 

Fingerprinting and Criminal History 

Check Requirements for Access to 

Safeguards Information’’ (EA–06–298) 

do not need to be fingerprinted again. 

Subsequent to the terrorist events of 

September 11, 2001, the NRC issued 

security Orders requiring certain entities 

to implement Interim Compensatory 

Measures (ICMs) and Additional 

Security Measures (ASMs) for certain 

radioactive material. The requirements 

imposed by these Orders and the 

measures licensees have developed to 

comply with these Orders, were 

designated by the NRC as SGI and were 

not released to the public. These Orders 

included a local criminal history 

records check to determine 

trustworthiness and reliability of 

individuals seeking unescorted access to 

spent fuel storage facilities. ‘‘Access’’

means that an individual could exercise 

some physical control over the material 

or device. In accordance with Section 

149 of the AEA, as amended by the 

EPAct, the Commission is imposing FBI 

criminal history records check 

requirements, as set forth in the Order 

for all individuals allowed unescorted 

access to protected areas, secure areas, 

and critical target areas, for certain 

spent fuel facility licensees. These 

requirements will remain in effect until 

the Commission determines otherwise. 

In addition, pursuant to 10 CFR 2.202, 

I find that in light of the common 

defense and security matters identified 

above, which warrant the issuance of 

this Order, the public health, safety, and 

interest require that this Order be 

effective immediately. 

II 

Accordingly, pursuant to Sections 51, 

53, 63, 81, 147, 149, 161b, 161i, 161o, 

182, and 186 of the AEA of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202, Parts 72 

and 73, It is hereby ordered, effective 

immediately, that your specific license 

is modified as follows: 

A. PGE shall, within twenty (20) days 

of the date of this Order, establish and 

maintain a fingerprinting program that 

meets the requirements of the 


cprice-sewell on PROD1PC67 with NOTICES