Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55633 

licensee’s letter dated September 9, 

2005, which withdrew the application 

for the license amendment. Documents 

may be examined, and/or copied for a 

fee, at the NRC’s Public Document 

Room (PDR), located at One White Flint 

North, Public File Area 01 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically from 

the Agencywide Documents Access and 

Management Systems (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, or 301–415–4737 or by e-mail 

to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 14th day 

of September 2005. 

For the Nuclear Regulatory Commission. 

Alan B. Wang, 

Project Manager, Section 2, Project 

Directorate IV, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 05–18916 Filed 9–21–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–244] 

R.E. Ginna Nuclear Power Plant, LLC, 

R.E. Ginna Nuclear Power Plant; Notice 

of Consideration of Issuance of 

Amendment to Facility Operating 

License and Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. DPR–

18, issued to R.E. Ginna Nuclear Power 

Plant, LLC (the licensee), for operation 

of the R.E. Ginna Nuclear Power Plant 

(Ginna) located in Wayne County, New 

York. 

The proposed amendment would 

revise the facility operating license and 

technical specifications (TSs) to 

authorize an increase in the maximum 

steady-state thermal power level at 

Ginna from 1520 megawatts thermal 

(MWt) to 1775 MWt, which is a 16.8 

percent increase. This increase in power 

level is generally referred to as an 

extended power uprate. Specifically, the 

proposed amendment would change the 

TSs to revise: (1) The Definition of 

Rated Thermal Power (RTP), (2) the RTP 

for the Required Action for Condition O 

in Limiting Condition for Operation 

(LCO) 3.3.1, ‘‘Reactor Trip System,’’ (3) 

the Power Range Neutron Flux—High 

Limiting Safety System Setting, (4) the 

Reactor Trip System Interlocks—Power 

Range Neutron Flux, P–8 Limiting 

Safety System Setting, (5) the RTP 

reference in Table 3.3.1–1, Footnote (h), 

(6) the Steam Line Isolation High Steam 

Flow Limiting Safety System Setting, (7) 

the Steam Line Isolation High—High 

Steam Flow Limiting Safety System 

Setting, (8) decrease the upper lift 

setting in LCO 3.4.10, ‘‘Pressurizer 

Safety Valves,’’ (9) the required volume 

in surveillance requirement (SR) 3.7.6.1 

for TS 3.7.6, ‘‘Condensate Storage Tanks 

(CSTs).’’ In addition, the proposed 

amendment would change the TSs to 

provide margin improvement, but are 

not part of the extended power uprate 

(EPU), to revise: (1) The Safety Injection 

Pressurizer Pressure—Low Limiting 

Safety System Setting, (2) the 

Containment Spray Containment 

Pressure—High High Limiting Safety 

System Settings for narrow range and 

wide range, and (3) the Steam Line 

Isolation Coincident with Tavg-Low 

Limiting Safety System Setting. The 

proposed amendment also includes a 

change to the licensing basis for control 

room dose for the loss-of-coolant 

accident and the rod ejection accident 

dose consequences because of the EPU 

conditions. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

Within 60 days after the date of 

publication of this notice, the licensee 

may file a request for a hearing with 

respect to issuance of the amendment to 

the subject facility operating license 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 2.309, 

which is available at the Commission’s 

public document room (PDR), located at 

One White Flint North, Public File Area 

01F21, 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/doccollections/cfr/. If a request for a hearing 

or petition for leave to intervene is filed 

by the above date, the Commission or a 

presiding officer designated by the 

Commission or 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/requestor 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 

requestor’s/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 basis 

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 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/requestor 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. 

55634 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 

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. 

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 Mr. Daniel F. Stenger, Ballard 

Spahr Andrews & Ingersoll, LLP, 601 

13th Street, NW., Suite 1000 South, 

Washington, DC 20005, attorney for the 

licensee. 

For further details with respect to this 

action, see the application for 

amendment dated July 7, 2005, as 

supplemented on August 15, 2005, 

which are available for public 

inspection at the Commission’s PDR, 

located at One White Flint North, Public 

File Area O1 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

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 15th day 

of September 2005. 

For the Nuclear Regulatory Commission. 

Patrick D. Milano, Sr., 

Project Manager, Section 1, Project 

Directorate I, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 05–18918 Filed 9–21–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–17] 

Portland General Electric Independent 

Spent Fuel Storage Installation 

Issuance of Environmental 

Assessment and Finding of No 

Significant Impact Regarding a 

Proposed Exemption 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Regan, Senior Project 

Manager, Spent Fuel Project Office, 

Office of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555. 

Telephone: (301) 415–1179; Fax 

number: (301) 415–8555; E-mail: 

cmr1@nrc.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Nuclear Regulatory Commission (NRC) 

is considering issuance of an exemption, 

pursuant to 10 CFR 72.7, from the 

provisions of 10 CFR 72.44(d)(3), to the 

Portland General Electric Company 

(PGE, or the licensee). The requested 

exemption (in conjunction with a 

conforming license amendment) would 

relieve PGE from the requirement to 

submit an annual radioactive effluent 

report for the Trojan Independent Spent 

Fuel Storage Installation (ISFSI). PGE 

submitted the exemption request by 

letter dated July 6, 2005, in which it also 

requested an amendment to the Trojan 

ISFSI license. Specifically, the 

amendment requested the deletion of 

item c. and last sentence of item b., 

Section 5.5.2 of Technical Specification; 

‘‘Radioactive Effluent Control Program’’

(Appendix A to License No. SNM–

2509). The licensee is currently storing 

spent nuclear fuel at the Trojan ISFSI on 

the site of the decommissioned Trojan 

Nuclear Power Plant in Rainier, Oregon. 

Environmental Assessment (EA) 

I. Identification of Proposed Action 

Portland General Electric (PGE) has 

requested an exemption and a 

conforming license amendment to 

obtain relief from the requirement to 

submit an annual radioactive effluent 

release report for the Trojan ISFSI in 

accordance with 10 CFR 72.44(d). The 

regulation requires a licensee to include 

Technical Specifications (TS) regarding 

radioactive effluents. Specifically, 10 

CFR 72.44(d)(3) requires that an annual 

report be submitted to the NRC 

specifying the quantity of each of the 

principal radionuclides released to the 

environment in liquid and in gaseous 

effluents during the previous 12 months 

of ISFSI operation. The proposed action 

before the NRC is whether to grant the 

exemption. 

In addition to the exemption, PGE has 

requested a conforming license 

amendment which will make two 

deletions from the Trojan ISFSI TS, 

Appendix A to the Special Nuclear 

Material License No. 2509 (SNM–2509). 

Section 5.5.2, Radioactive Effluent 

Control Program, item c., requires an 

annual report to be submitted pursuant 

to 10 CFR 72.44(d)(3). Section 5.5.2, 

item b., in the last sentence, of the 

Appendix A to the License No. SNM–

2509 states: ‘‘The Trojan ISFSI may be 

included in the environmental 

monitoring program for the Trojan 

Nuclear Plant.’’ The amendment would 

delete these two TS. 

The license amendment request is 

categorically excluded from the need for 

environmental review under 10 CFR 

51.22(c)(10)(ii) and 10 CFR 51.22(c)(11). 

II. Need for the Proposed Action 

The requirements of 10 CFR 

72.44(d)(3) impose certain regulatory 

obligations, with associated costs, on 

the licensee. Granting the requested 

exemption will relieve the licensee from 

the requirement to submit an annual 

radioactive effluent release report 

pursuant to 10 CFR 72.44(d)(3). The 

requirement to submit an annual 

radioactive effluent monitoring report is 

not needed for this facility in its current 

configuration and is an unnecessary 

administrative burden. Thus, the 

licensee will not have to incur the costs 

associated with preparing and 

submitting an annual radioactive 

effluent release report. 

III. Environmental Impacts of the 

Proposed Action 

In its Safety Evaluation Report related 

to the ISFSI license (Safety Evaluation