Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Notices 66569

Regulation, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555.

Dated at Rockville, Maryland, this

December 18, 1995.

For the Nuclear Regulatory Commission.

Singh S. Bajwa,

Acting Director, Non-Power Reactors and

Decommissioning Project Directorate,

Division of Reactor Program Management,

Office of Nuclear Reactor Regulation.

[FR Doc. 95–31156 Filed 12–21–95; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–344]

Portland General Electric Company;

Trojan Nuclear Power Station;

Consideration of Issuance of an Order

Authorizing Decommissioning a

Facility and Opportunity for a Hearing

A. Introduction

Pursuant to 10 CFR 2.105(a)(9), the

U.S. Nuclear Regulatory Commission

(‘‘the Commission’’) hereby gives notice

that it is considering issuance of an

order under 10 CFR 50.82(e) to the

Portland General Electric Company

(‘‘PGE,’’ the licensee), for the Trojan

Nuclear Power Station (‘‘Trojan NPS’’),

located near Ranier, Oregon. The order

would involve approval of the Trojan

NPS decommissioning plan as it relates

to the decommissioning of the

remaining portions of the Trojan NPS.

On October 12, 1995, the Commission

issued a Memorandum and Order, CLI–

95–13, in which it announced that it

would issue a Notice of Opportunity for

a Hearing on the licensee’s

decommissioning plan and the

application of that plan to the

completion of the decommissioning of

the Trojan NPS. The Commission also

announced in CLI–95–13 that it would

‘‘direct an expedited hearing process in

this case.’’

The licensee is the holder of facility

Possession Only License No. NPF–1,

which was issued on May 5, 1993. All

spent fuel has been removed from the

reactor and placed in the plant’s spent

fuel pool. In addition, the pressurizer

and the four steam generators have been

removed from the reactor containment

and shipped to a low level waste

disposal facility.

By issuance of this order, the licensee

would be authorized to complete the

decommissioning of the Trojan NPS

facility in accordance with its proposed

decommissioning plan, submitted on

January 25, 1995, as supplemented.

Under that plan, PGE intends to

dismantle the Trojan facility using the

DECON decommissioning alternative as

defined in NUREG–0586, ‘‘Final Generic

Environmental Impact Statement on

Decommissioning of Nuclear Facilities,’’

(1988).

The licensee has proposed to precede

the DECON decommissioning and

dismantlement period with a five-year

transition period. Proposed activities

during the transition period, which

began with the permanent shutdown of

the facility in January 1993, include the

removal and disposal of selected

components, the licensing and

construction of an Independent Spent

Fuel Storage Installation (ISFSI), and the

transfer of the spent fuel, currently in

the spent fuel pool, to the ISFSI.

Licensing of the ISFSI will be the

subject of a separate Notice of

Opportunity for a Hearing and will not

be a part of the proceeding to approve

the Decommissioning Plan.

Once the spent fuel has been

transferred to the ISFSI the DECON

phase will begin. The DECON phase

will consist of the major disassembly

and dismantlement of structures

systems and components that are

radioactive. Low level radioactive waste

resulting from decommissioning

activities will be shipped to a licensed

waste disposal site for burial. The

DECON phase will end with the site,

except for the ISFSI, being released for

unrestricted use.

B. Requests for Hearing and Petitions

for Leave To Intervene

By January 22, 1996, the licensee may

file a request for a hearing with respect

to issuance of the order to the subject

facility. During that same period, any

other person whose interest may be

affected by this proceeding and who

wishes to participate as a party in the

proceeding must file both a written

request for a hearing and a petition for

leave to intervene. Requests for a

hearing and petitions 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, and the

special instructions provided in this

notice.

This notice provides a brief overview

of the requirements in 10 CFR 2.714.

However, the fact that a requirement is

not addressed in this notice does not

excuse compliance with that

requirement. Each person seeking to

participate in this proceeding is

responsible for complying with all

applicable requirements. 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. (Lower Level), Washington,

DC 20555, or the NRC Local Public

Document Room, located at the

Bandford Price Millar Library, Portland

State University, 934 S.W. Harrison

Street (P.O. Box 1151), Portland Oregon

97207.

If a request for hearing or a petition

for leave to intervene is filed by the

above date, either the Commission or an

Atomic Safety and Licensing Board,

designated by the Chairman of the

Atomic Safety and Licensing Board

Panel, will rule on the request and/or

petition, and either the Secretary of the

Commission 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, both a

request for hearing and 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 that 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 the petitioner wishes to

intervene.

C. Filing of Contentions

The Commission has determined to

take several steps to expedite this

proceeding. The first step toward

expediting this proceeding is to require

that all contentions be filed at the same

time as petitions for leave to intervene.

Accordingly, any person who files a

request for hearing and a petition for

leave to intervene shall, at the same

time, submit a supplement to the

petition for leave to intervene which

must include a list of contentions which

are sought to be litigated in the

proceeding. The Commission will issue

additional directions to expedite this

proceeding where appropriate in the

future.

Potential petitioners should not be

prejudiced by this requirement because

the documents which would give rise to

potential disputes are already in

existence and in the public domain. For

example, the most important document

for consideration in the formation of

contentions is the licensee’s proposed

decommissioning plan, which has been

in the public domain since January 25,

1995. The NRC Staff has now prepared
66570 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Notices

1 15 U.S.C. 78s(b)(1) (1988).

2Letter from Jeffrey F. Ingber, General Counsel

and Secretary, GSCC, to Peter R. Geraghty, Division

of Market Regulation, Commission (September 13,

1995).

3Securities Exchange Act Release No. 36430

(October 27, 1995), 60 FR 55748.

4 Generally, NSCC’s CMS will provide

participating participants and clearing agencies

with access to information regarding participating

participants’ clearing fund, margin, and other

similar requirements and deposits at participating

clearing agencies. For a complete description of

CMS, refer to Securities Exchange Act Release No.

36091 (August 10, 1995), 60 FR 42931 [File No. SR–

NSCC–95–06] (order approving NSCC’s CMS).

both an Environmental Assessment

(‘‘EA’’) of the plan and a Safety

Evaluation Report (‘‘SER’’) reviewing

the plan and those documents are

available for public review as described

below.

Pursuant to 10 CFR 2.714(b)(2), each

contention must consist of a specific

statement of the issue of law or fact to

be raised or controverted, including any

alleged omission by the licensee or the

Staff in any action taken or in any

document issued relating to this matter.

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. The petitioner must also

provide sufficient information to show

that a genuine dispute exists with the

licensee on a material issue of law or

fact. Under the circumstances of this

case, the Commission will consider a

valid contention to satisfy the aspect

requirement noted above.

If a hearing is held, the issue shall be

whether an order approving the

decommissioning plan should be

issued. Thus, contentions shall be

limited to matter relevant to the order

under consideration. The contention

must be one which, if proven, would

entitle 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.

D. Filing Instructions

A request for hearing and/or petition

for leave to intervene shall be filed with

the Secretary of the Commission, United

States Nuclear Regulatory Commission,

Washington, DC, 20555–0001;

Attention: Docketing and Service

Branch, or may be delivered to the

Commission’s Public Document Room

at 2120 L Street, NW. (Lower Level),

Washington, DC by the above date. If a

request for hearing or a petition for

leave to intervene is filed within the last

five (5) calendar days of this period, the

filing party should not only file the

documents by U.S. Mail, but should also

fax them to the Secretary of the

Commission. The fax number for the

Office of the Secretary is (301) 415–

1672.

A copy of all filings should also be

sent to the Office of General Counsel,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001; Attention:

Assistant General Counsel for Hearings

and Enforcement, and to Douglas R.

Nichols, Assistant General Counsel,

Portland General Electric Company, 121

S.W. Salmon Street, Suite 1300,

Portland, Oregon 97204, attorney for the

licensee.

Non-timely filings of (1) petitions for

leave to intervene, (2) amended

petitions, (3) supplemental petitions

and/or (4) requests for hearing will not

be entertained absent a determination

by the Commission or the designated

Atomic Safety and Licensing Board that

the non-timely filing should be accepted

based upon a balancing of the factors

specified in 10 CFR 2.714(a)(1) (i)–(v)

and 10 CFR 2.714(d). Notwithstanding

the provisions of 10 CFR 2.714(a)(3), the

participants will not be allowed to

amend their pleadings without leave of

the Commission or of the designated

Board. Under that provision,

amendment of pleadings without leave

is tied to the submission of contentions

which has been expedited in this case.

Answers to any request for hearing or

petition for leave to intervene should be

filed in accordance with 10 CFR

2.714(c).

For further details with respect to this

action, see (1) the application for

decommissioning, including the

decommissioning plan, dated January

25, 1995, as supplemented on November

13, 1995; (2) the NRC Staff’s

Environmental Assessment, dated

December 18, 1995, and (3) the NRC

Staff’s Safety Evaluation Report, dated

December 15, 1995. These documents

are available for public inspection at

both the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW. (Lower Level),

Washington, DC, and at the NRC Local

Public Document Room at the Brandford

Price Millar Library, Portland State

University, 934 S.W. Harrison Street

(P.O. Box 1151), Portland, Oregon

97207. In addition, single copies of the

Environmental Assessment or the Safety

Evaluation Report may be requested in

writing from Dr. Michael T. Masnik,

Senior Project Manager, OWFN MS:11–

B–20, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

Dated at Rockville, Maryland, this 18th day

of December, 1995.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 95–31155 Filed 12–21–95; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–36597; File No. SR–GSCC–

95–03]

Self-Regulatory Organizations;

Government Securities Clearing

Corporation; Order Approving a

Proposed Rule Change Authorizing the

Release of Clearing Data Relating to

Participants

December 15, 1995.

On August 28, 1995, the Government

Securities Clearing Corporation

(‘‘GSCC’’) filed with the Securities and

Exchange Commission (‘‘Commission’’)

a proposed rule change (File No. SR–

GSCC–95–03) pursuant to Section

19(b)(1) of the Securities Exchange Act

of 1934 (‘‘Act’’).1 On September 13,

1995, GSCC filed an amendment to the

proposed rule change.2 Notice of the

proposal as amended was published in

the Federal Register on November 2,

1995.3 No comment letters were

received. For the reasons discussed

below, the Commission is approving the

proposed rule change.

I. Description of the Proposal

The purpose of the proposed rule

change is to modify GSCC’s rules to

authorize the release of clearing data

relating to GSCC’s participants to the

National Securities Clearing

Corporation’s (‘‘NSCC’’) Collateral

Management Service (‘‘CMS’’) 4 and to

other parties. GSCC Rule 1

(‘‘Definitions’’) is amended to include

the term ‘‘CFTC-Recognized Clearing

Organization’’ and to define it as ‘‘a

clearing organization that is affiliated

with, or designed by, a contracts market

or markets trading specific futures

products, and is under the oversight of

the Commodity Futures Trading