64406 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Notices

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of 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 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. Petitioner

must provide 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 who fails to file such

a supplement which satisfies 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, including the opportunity to

present evidence and cross-examine

witnesses.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555-0001, Attention:

Rulemakings and Adjudications Staff, or

may be delivered to the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, by the above date. A

copy of the petition should also be sent

to the Office of the General Counsel,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001, and to J.

Michael McGarry, III, Winston and

Strawn, 1200 17th Street, NW.,

Washington, DC, attorney for the

licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

If a request for a hearing is received,

the Commission’s staff may issue the

amendments after it completes its

technical review and prior to the

completion of any required hearing if it

publishes a further notice for public

comment of its proposed finding of no

significant hazards consideration in

accordance with 10 CFR 50.91 and

50.92.

For further details with respect to this

action, see the application for

amendments dated October 28, 1997,

which is available for public inspection

at the Commission’s Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC, and at the

local public document room located at

the Oconee County Library, 501 West

South Broad Street, Walhalla, South

Carolina.

Dated at Rockville, Maryland, this 1st day

of December 1997.

For the Nuclear Regulatory Commission.

Herbert Berkow,

Director, Project Directorate II–2, Division of

Reactor Projects—I/II, Office of Nuclear

Reactor Regulation.

[FR Doc. 97–31873 Filed 12–4–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–458]

In the Matter of Entergy Gulf States,

Inc., Cajun Electric Power Cooperative,

Inc. (River Bend Station, Unit No. 1);

Order Approving Transfer of License

for River Bend Station, Unit No. 1

I

Entergy Gulf States, Inc. (EGSI) owns

70-percent of River Bend Station, Unit

No. 1 (RBS), a single-unit nuclear power

plant. Cajun Electric Power Cooperative,

Inc. (Cajun) owns the remaining 30-

percent interest in the facility. EGSI and

Cajun are governed by Facility

Operating License No. NPF–47 issued

by the U.S. Nuclear Regulatory

Commission (NRC or the Commission)

pursuant to part 50 of Title 10 of the

Code of Federal Regulations (10 CFR

part 50) on November 20, 1985. Under

this license, EGSI has the authority to

possess the facility and act as agent for

Cajun. Entergy Operations, Inc., has the

authority under the license to act as

agent for EGSI and possess the facility,

and has exclusive responsibility and

control over the physical construction,

operation, and maintenance of the

facility. Both EGSI and Entergy

Operations, Inc. are subsidiaries of

Entergy Corporation (Entergy). The RBS

facility is located in West Feliciana

Parish, Louisiana.

II

In 1994, Cajun filed for protection

under Chapter 11 of the Bankruptcy

Code. Cajun is represented by Mr. Ralph

R. Mabey, Chapter 11 Trustee. In an

application dated October 15, 1997, the

Trustee requested NRC’s consent to a

proposed transfer of the 30-percent

share of RBS currently owned by Cajun

to EGSI. EGSI and Entergy Operations,

Inc. endorsed and consented to the

request by Cajun. Upon completion of

the transfer, EGSI will become the sole

owner of RBS and Entergy Operations,

Inc. will remain the plant operator. On

October 24, 1997, a Notice of

Consideration of Approval of Transfer of

License and Issuance of Conforming

Amendment to Facility Operating

License, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing was

published in the Federal Register (62

FR 55432). An Environmental

Assessment and Finding of No

Significant Impact was published in the

Federal Register on November 19, 1997

(62 FR 61835).

The transfer to EGSI of the license for

RBS to the extent it is held by Cajun is

subject to the license transfer provisions

of 10 CFR 50.80. Under 10 CFR 50.80,

no license shall be transferred, directly

or indirectly, through transfer of control

of the license, unless the Commission

gives its consent in writing. Upon

review of the information submitted in

the application dated October 15, 1997,

and other information before the

Commission, the NRC staff has

determined that EGSI 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,

subject to the conditions set forth below.

These findings are supported by a Safety

Evaluation dated November 28, 1997.

III

Accordingly, pursuant to Sections

161b, 161i, and 184 of the Atomic

Energy Act of 1954, as amended; 42

U.S.C. sections 2201(b), 2201(i), and

2234; and 10 CFR 50.80, the

Commission consents to the proposed

transfer of license described herein from

Cajun to EGSI, subject to the following:

(1) The issuance of approved

amendments fully reflecting the transfer

approved by this Order at the time such
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Notices 64407

transfer is effected, and (2) should the

transfer not be completed by June 30,

1998, this Order shall become null and

void, provided, however, on application

and for good cause shown, such date

may be extended.

This Order is effective upon issuance.

IV

For further details with respect to this

action, see Cajun’s submittals requesting

approval of the transfer of the license

and a conforming license amendment

dated October 15, 1997, which are

available for public inspection at the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

NW., Washington, DC, and at the local

public document room located at the

Government Documents Department,

Louisiana State University, Baton

Rouge, LA 70803.

Dated at Rockville, Maryland, this 28th day

of November 1997.

For the U.S. Nuclear Regulatory

Commission.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–31872 Filed 12–4–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–410]

New York State Electric & Gas

Corporation; Nine Mile Point Nuclear

Station, Unit No. 2

Notice is hereby given that the U.S.

Nuclear Regulatory Commission (the

Commission) is considering the

issuance of an Order approving, under

10 CFR 50.80, an application regarding

an indirect transfer of the operating

license for Nine Mile Point Nuclear

Station, Unit No. 2 (NMP2), to the

extent held by New York State Electric

& Gas Corporation (NYSEG). The

transfer would be to a holding company,

not yet named, to be created over

NYSEG in accordance with an executed

‘‘Agreement Concerning the

Competitive Rate and Restructuring

Plan of New York State Electric & Gas

Corporation’’ forwarded by letters dated

October 20 and 27, 1997. NYSEG is

licensed by the Commission to own and

possess an 18 percent interest in NMP2.

By application dated September 18,

1997, NYSEG informed the Commission

of a proposed corporate restructing

under which NYSEG would become a

subsidiary of a newly formed holding

company. The outstanding shares of

NYSEG’s common stock (other than

shares for which appraisal rights are

properly exercised would be exchanged

on a share-for-share basis for common

stock of the holding company, such that

the holding company will own all of the

outstanding common stock of NYSEG.

Under this restructuring, NYSEG would

divest its interest in coal-fired power

plants, but would continue to be an

‘‘electric utility’’ as defined in 10 CFR

50.2 engaged in the transmission,

distribution and, in the case of NMP2

and hydroelectric facilities, the

generation of electricity. NYSEG would

retain its ownership interest in NMP2

and continue to be a licensee of NMP2.

No direct transfer of the operating

license or ownership interests in NMP2

will result from the proposed

restructuring. The transaction would not

involve any change to either the

management organization or technical

personnel of Niagara Mohawk Power

Corporation, which is responsible for

operating and maintaining NMP2.

Pursuant to 10 CFR 50.80, the

Commission may approve the transfer of

control of a license after notice to

interested persons. Such approval is

contingent upon the Commission’s

determination that the holder of the

license following the transfer is

qualified to hold the license and that the

transfer is otherwise consistent with

applicable provisions of law,

regulations, and orders of the

Commission.

For further details with respect to this

proposed action, see the NYSEG

application dated September 8, 1997, as

supplemented October 20 and 27, 1997.

These documents are available for

public inspection at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, N.W.,

Washington, DC, and at the local public

document room located at the Penfield

Library, State University of New York,

Oswego, New York 13126.

Dated at Rockville, Maryland this 26th day

of November 1997.

For the Nuclear Regulatory Commission.

Darl S. Hood,

Senior Project Manager, Project Directorate

I–1, Division of Reactor Projects—I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 97–31869 Filed 12–4–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–423]

Northeast Nuclear Energy Company;

Notice of Withdrawal of Application for

Amendment to Facility Operating

License

The U.S. Nuclear Regulatory

Commission (the Commission) has

granted the request of Northeast Nuclear

Energy Company (the licensee) to

withdraw its May 5, 1997, application

for proposed amendment to Facility

Operating License No. NPF–49 for the

Millstone Nuclear Power Station, Unit

3, located in New London County,

Connecticut.

The proposed amendment to

Technical Specifications 3.9.1.2 and

3.9.1.3 and their Bases would have

allowed the crediting of soluble boron

for maintaining k-effective at less than

or equal to 0.95 within the spent fuel

pool rack matrix following a seismic

event of a magnitude greater than or

equal to an operating basis earthquake.

The Commission had previously

issued a Notice of Consideration of

Issuance of Amendment published in

the Federal Register on July 16, 1997

(62 FR 38135). However, by letter dated

November 11, 1997, the licensee

withdrew the proposed change.

For further details with respect to this

action, see the application for

amendment dated May 5, 1997, and the

licensee’s letter dated November 11,

1997, which withdrew the application

for license amendment. The above

documents are available for public

inspection at the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC,

and at 2 the local public document room

located at the Learning Resources

Center, Three Rivers CommunityTechnical College, 574 New London

Turnpike, Norwich, Connecticut, and

the Waterford Library, ATTN: Vince

Juliano, 49 Rope Ferry Road, Waterford,

Connecticut.

Dated at Rockville, Maryland, this 14th day

of November 1997.

For the Nuclear Regulatory Commission.

James W. Andersen,

Project Manager, Special Projects Office—

Licensing, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–31870 Filed 12–4–97; 8:45 am]

BILLING CODE 7590–01–P