Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Notices 11933

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 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

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.

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.

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:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC, by

the above date. Where petitions are filed

during the last 10 days of the notice

period, it is requested that the petitioner

promptly so inform the Commission by

a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to Herbert

N. Berkow: petitioner’s name and

telephone number, date petition was

mailed, plant name, and publication

date and page number of this Federal

Register notice. 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 Mr. Albert Carr,

Duke Power Company, 422 South

Church Street, Charlotte, North Carolina

28242, 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).

For further details with respect to this

action, see the application for

amendment dated March 7, 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

York County Library, 138 East Black

Street, Rock Hill, South Carolina.

Dated at Rockville, Maryland, this 10th day

of March 1997.

For the Nuclear Regulatory Commission.

Peter S. Tam,

Senior Project Manager Project Directorate

II–2, Division of Reactor Projects—I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 97–6343 Filed 3–12–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–461–OLA, ASLBP No. 97–

725–01–OLA]

Illinois Power Co., Soyland Power

Cooperative; Establishment of Atomic

Safety and Licensing Board

Pursuant to delegation by the

Commission dated December 29, 1972,

published in the Federal Register, 37 FR

28710 (1972), and §§ 2.105, 2.700, 2.702,

2.714, 2.714a, 2.717 and 2.721 of the

Commission’s Regulations, all as

amended, an Atomic Safety and

Licensing Board is being established in

the following proceeding to rule on

petitions for leave to intervene and/or

requests for hearing and to preside over

the proceeding in the event that a

hearing is ordered.

Southwestern Electric Cooperative, Inc.,

Illinois Power Company, Soyland Power

Cooperative

This Board is being established

pursuant to a notice published by the

Commission on January 29, 1997, in the

Federal Register Z (60 FR 45180). The

notice issued by the NRC staff regards

a proposed transfer of a facility

operating license held by Soyland

Power Cooperative to Illinois Power

Company. The petitioner, Southwestern

Electric Cooperative, Inc., seeks to

intervene and requests a hearing.

The Board is comprised of the

following administrative judges:

G. Paul Bollwerk III, Chairman, Atomic

Safety and Licensing Board Panel, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555

Peter B. Bloch, Atomic Safety and Licensing

Board Panel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555

Thomas D. Murphy, Atomic Safety and

Licensing Board Panel, U.S. Nuclear
11934 Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Notices

Regulatory Commission, Washington, DC

20555

All correspondence, documents and

other materials shall be filed with the

Judges in accordance with 10 CFR

2.701.

Issued at Rockville, MD, this 7th day of

March 1997.

B. Paul Cotter, Jr.,

Chief Administrative Judge, Atomic Safety

and Licensing Board Panel.

[FR Doc. 97–6340 Filed 3–12–97; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 50–344]

Portland General Electric Company

(Trojan Nuclear Plant); Order

Approving Application Regarding the

Planned Merger of Portland General

Corporation, the Parent Holding

Company for Portland General Electric,

With Enron Corporation

I

Portland General Electric Company

(PGE or the licensee) owns a 67.5-

percent interest in the Trojan Nuclear

Plant (TNP) located on the west bank of

the Columbia River in Columbia

County, Oregon. PGE holds Facility

Operating License No. NPF–1 issued by

the U.S. Nuclear Regulatory

Commission (NRC) pursuant to Part 50

of Title 10 of the Code of Federal

Regulations (10 CFR Part 50) on

November 21, 1975. Under this license,

PGE has the authority to possess and

maintain but not operate TNP. PGE is

currently a wholly owned subsidiary of

Portland General Corporation (PGC).

II

By letter dated August 20, 1996, as

supplemented by letters dated October

16, 1996, and October 30, 1996, PGE

informed the Commission that PGE’s

parent company, PGC, has agreed to a

merger with Enron Corporation (Enron),

subject to certain conditions. Those

conditions include approval by the

shareholders of the companies and

obtaining appropriate governmental

approvals which do not impose terms or

conditions that would be reasonably

likely to have an adverse effect on PGE

or Enron.

In the August 20, 1996, submittal, as

supplemented by letters dated October

16, 1996, and October 30, 1996, PGE

requested the Commission’s consent to

the planned merger to the extent

necessary under Sections 81, 101, and

184 of the Atomic Energy Act, and

under 10 CFR 50.80 and 10 CFR 30.34.

Notice of this application was published

in the Federal Register on January 16,

1997 (62 FR 2399). Under the agreement

and plan of merger, the businesses of

Enron and PGC would be combined by

means of the reincorporation of Enron

as an Oregon corporation through the

merger of Enron with and into a wholly

owned Enron subsidiary (hereinafter

referred to as the ‘‘Merger Company’’),

and the merger of PGC into the Merger

Company. The shareholders of Enron

will become shareholders of the Merger

Company, and likewise the shareholders

of PGC will become shareholders of the

Merger Company on a one-for-one basis.

The Merger Company will be known as

Enron. PGE will continue to be

headquartered in Portland, Oregon and

senior management will remain in

place. The merger will not affect PGE’s

status as a regulated public utility in the

State of Oregon. After the merger, PGE

will continue to be the NRC licensee for

TNP and no direct transfer of the

operating license or interests in the unit

will result from the merger. Direct

control of the possession-only license

for TNP now held by PGE and its coowners will remain with PGE and the

same co-owners, and will not be

affected by the planned merger.

Under 10 CFR 50.80, no license shall

be transferred, directly or indirectly,

through transfer of control of the

license, unless the Commission shall

give its consent in writing. Upon review

of the information submitted in the

letter of August 20, 1996, and

supplemental letters dated October 16,

1996, and October 30, 1996, and other

information before the Commission, the

NRC staff has determined that the

proposed merger will not affect the

qualifications of PGE as holder of the

license, and that the transfer of control

of the license for TNP, to the extent

effected by the merger, is otherwise

consistent with applicable provisions of

law, regulations, and orders issued by

the Commission, subject to the

conditions set forth herein. These

findings are supported by a safety

evaluation dated March 6, 1997.

An Environmental Assessment and

Finding of No Significant Impact was

published in the Federal Register on

March 5, 1997 (62 FR 10094).

III

Accordingly, pursuant to Sections

161b, 161i, 161o, and 184 of the Atomic

Energy Act of 1954, as amended, 42

USC 2201(b), 2201(i), 2201(o) and 2234,

and 10 CFR 50.80, it is hereby ordered

that the Commission approves the

application regarding the merger

agreement between PGC and Enron

subject to the following: (1) PGE shall

continue to fund its decommissioning

trust funds in accordance with the

schedule stated in the licensee’s PostShutdown Decommissioning Activities

Report (PSDAR), and (2) PGE will

provide the Director, NRR, with at least

60 days prior notice of a transfer

(excluding grants of security interests or

liens), from PGE to its parent or to any

other affiliated company, of facilities for

the production, transmission, or

distribution of electric energy having a

depreciated book value exceeding 10

percent of PGE’s consolidated net utility

plant, as recorded on PGE’s books of

account; provided, however, this

condition (2) shall not apply once (a)

PGE has completed all major

decommissioning activities, as that term

is defined in 10 CFR 50.2, or (b) PGE’s

external decommissioning trust fund

has been funded in an amount sufficient

to pay PGE’s share of site radiological

decommissioning costs as estimated in

the PSDAR. Any such notice to the

Director, NRR, shall be exempt from

public disclosure to the extent

permitted by the NRC’s regulations

implementing the Freedom of

Information Act. In addition, should the

merger between PGC and Enron not be

consummated by December 31, 1997,

this Order shall become null and void,

provided, however, an application and

for good cause shown, such date may be

extended.

This Order is effective upon issuance.

IV

By April 14, 1997, any person

adversely affected by this Order may file

a request for a hearing with respect to

issuance of the Order. Any person

requesting a hearing shall set forth with

particularity how that interest is

adversely affected by this Order and

shall address the criteria set forth in 10

CFR 2.714(d).

If a hearing is to be held, the

Commission will issue an order

designating the time and place of such

hearing.

The issue to be considered at any

such hearing shall be whether this

Order should be sustained.

Any request for a hearing must be

filed with the Secretary of the

Commission, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Docketing and Services

Branch, or may be delivered to 11555

Rockville Pike, Rockville, Maryland

between 7:45 am and 4:15 pm Federal

workdays, by the above date. Copies

should be also sent to the Office of the

General Counsel and to the Director,

Office of Nuclear Reactor Regulation,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001, and to Mr.

Douglas R. Nichols, Esq., Assistant

General Counsel PGE, 121 S.W. Salmon