Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Notices 64405

• Target library and information

services to persons having difficulty

using a library and to underserved

urban and rural communities, including

children (from birth through age 17)

from families and incomes below the

poverty line (as defined by the Office of

Management and Budget and revised

annually in accordance with section

673(2) applicable to family size

involved.

Type of Review: New collection.

Agency: Institute of Museum and

Library Services.

Title: 1998 Indian Library Services

Application and Guidelines.

OMB Number: N/A.

Affected Publics: Indian Tribes.

Total Respondents: 225.

Frequency: annually.

Total Responses: 250.

Average Time per Response: 2 hours.

Estimated Total Burden Hours: 500.

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintenance): $0.

Type of Review: New collection.

Agency: Institute of Museum and

Library Services.

Title: 1998 Native Hawaiians Library

Services Application and Guidelines.

OMB Number: N/A.

Affected Publics: organizations that

primarily serve and represent Native

Hawaiians (as the term is defined in

section 9212 of the Native Hawaiian

Education Act (20 U.S.C. 7912).

Total Respondents: 1.

Frequency: annually.

Total Responses: 1.

Average Time per Response: 4 hours.

Estimated Total Burden Hours: 4.

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintenance): $0.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they also

will become a matter of public record.

Dated: November 26, 1997.

Mamie Bittner,

Director Public and Legislative Affairs.

[FR Doc. 97–31889 Filed 12–4–97; 8:45 am]

BILLING CODE 7036–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–269, 50–270, and 50–287]

Duke Energy Corporation; Notice of

Consideration of Issuance of

Amendments to Facility Operating

Licenses and Opportunity for a

Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of amendments to

Facility Operating License Nos. DPR–38,

DPR–47, and DPR–55, issued to Duke

Energy Corporation (the licensee), for

operation of the Oconee Nuclear

Station, Units 1, 2, and 3, located in

Seneca, South Carolina.

The proposed amendments would

replace the current Technical

Specifications (TS) with a set of TS

based on NUREG–1430, ‘‘Standard

Technical Specifications—Babcock and

Wilcox Plants,’’ Revision 1, dated April

1995. The adoption of NUREG–1430 is

part of an initiative to standardize and

improve the TS for Babcock and Wilcox

nuclear power plants.

The changes in the current TS can be

grouped into five categories:

administrative changes, more restrictive

technical changes, less restrictive

technical changes, relocation of details

to other licensee controlled documents,

and relocation of specifications to other

licensee controlled documents.

Administrative changes to the current

TS are changes that result in no increase

or decrease in restrictions or flexibility.

These changes are intended to make the

TS easier to use. More restrictive

technical changes are either more

conservative than the corresponding

requirements in the current TS, or are

additional restrictions that are not

contained in the current TS. Less

restrictive technical changes reduce

either the scope or magnitude of

requirements or add flexibility and are

usually made as a result of operating

experience. In most cases, these

relaxations to the TS have been

previously granted by the NRC to other

plants. Relocation of details involves

removal from the current TS and

relocation to other licensee controlled

documents. Typically, these details are

of system design or function, or

procedural details on surveillances. And

finally, relocation of specifications

involves requirements that are in the

current TS but do not meet the criteria

set forth in the Commission’s Policy

Statement on Technical Specification

Improvement. Once these items have

been relocated, the licensee generally

would be able to revise them under the

provisions of 10 CFR 50.59 without a

license amendment.

Before issuance of the proposed

license amendments, the Commission

will have made findings required by the

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

By January 5, 1998, the licensee may

file a request for a hearing with respect

to issuance of the amendments to the

subject facility operating licenses 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 a

petition for leave to intervene shall be

filed in accordance with the

Commission’s ‘‘Rules of Practice for

Domestic Licensing Proceedings’’ in 10

CFR part 2. Interested persons should

consult a current copy of 10 CFR 2.714

which is available 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. If a

request for a hearing or petition for

leave to intervene is filed by the above

date, the Commission or an Atomic

Safety and Licensing Board, designated

by the Commission or by the Chairman

of the Atomic Safety and Licensing

Board Panel, will rule on the request

and/or petition; and the Secretary or the

designated Atomic Safety and Licensing

Board will issue a notice of hearing or

an appropriate order.

As required by 10 CFR 2.714, 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 factors: (1) The nature of the

petitioner’s right under the Act to be

made a party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order which may be

entered in the proceeding on the

petitioner’s interest. The petition should

also identify the specific aspect(s) of the

subject matter of the proceeding as to

which petitioner wishes to intervene.

Any person who has filed a petition for

leave to intervene or who has been

admitted as a party may amend the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the
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