Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices 24965

extended the expiration date of the

license to December 31, 1972. On

August 15, 1972, Amendment No. 8 was

issued to Amended Facility License No.

DPR–4 that changed the license status to

possession-only. On January 10, 1974,

Amendment No. 9 was issued to

Amended Facility License No. DPR–4

which extended the expiration date of

the license to February 11, 2000.

II

By letter dated November 21, 1995, as

supplemented on March 13, 1996,

pursuant to 10 CFR 50.80 and 50.90,

SNEC submitted a request for consent to

transfer control of the license and

approval of amendments to the SNEF

Amended Facility License No. DPR–4

and Technical Specifications appended

thereto that would add GPU Nuclear

Corporation (GPU Nuclear) as a

possession-only licensee for the SNEF

and would transfer from SNEC to GPU

Nuclear all management-related

responsibilities for the SNEF. SNEC’s

responsibilities as a licensee would not

otherwise be affected. The NRC

published a ‘‘Notice of Consideration of

Issuance of Amendment to Facility

License and Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing’’ in the

Federal Register on January 31, 1996

(61 FR 3502), and published a ‘‘Notice

of Transfer of Control of License’’ in the

Federal Register on March 19, 1996 (61

FR 11231).

The transfer of control of Amended

Facility License No. DPR–4 is subject to

the NRC’s approval under 10 CFR 50.80.

On the basis of information provided by

SNEC in the letters of November 21,

1995, and March 13, 1996, and other

information before the Commission, the

NRC staff has concluded that GPU

Nuclear is qualified to be a joint holder

of Amended Facility License No. DPR–

4 to the extent and for the purposes

described above and that the proposed

transfer, subject to the conditions set

forth herein, is otherwise consistent

with the applicable provisions of law,

regulations, and orders issued by the

Commission. This proposed action was

evaluated by the staff as documented in

a Safety Evaluation, dated May 10, 1996.

III

By June 10, 1996, 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 such person’s 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.

If a hearing is held concerning this

Order, the issue to be considered at any

such hearing will 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 the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

NW., Washington, DC, by the above

date. Copies should also be 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 Ernest L. Blake, Jr., Esquire;

Shaw, Pittman, Potts, and Trowbridge;

2300 N Street NW., Washington, DC

20037.

IV

Accordingly, pursuant to sections

161b, 161i, and 184 of the Atomic

Energy Act of 1954, as amended, 42

U.S.C. 2201(b), 2201(i), and 2234, and

10 CFR 50.80, it is hereby ordered that

the Commission consents to the

proposed transfer of control of

Amended Facility License No. DPR–4 to

GPU Nuclear to the extent and for the

purposes described herein subject to the

following: (1) the approval of the

amendment proposed in the SNEC

submittals dated November 21, 1995,

and March 13, 1996, which, when

issued by the NRC, would become

effective as of the date of issuance, and

(2) should the transfer of the license as

set forth above to GPU Nuclear not be

completed by August 9, 1996, this Order

shall become null and void unless upon

application and for good cause shown,

this date is extended.

For further details with respect to this

action, see the application for

amendment and transfer of license

dated November 21, 1995, as

supplemented on March 13, 1996,

which is available for public inspection

at the Commission’s Public Document

Room, 2120 L Street NW., Washington,

DC 20037, and at the Local Public

Document Room located at the Saxton

Community Library, 911 Church Street,

Saxton, Pennsylvania 16678.

Dated at Rockville, MD., this 10th day of

May 1996.

For the Nuclear Regulatory Commission.

William T. Russell,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 96–12405 Filed 5–16–96; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–244]

Rochester Gas and Electric

Corporation; Notice of Consideration

of Issuance of Amendment to Facility

Operating License, Proposed No

Significant Hazards Consideration

Determination, and Opportunity for a

Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License No. DRP–

18 issued to Rochester Gas & Electric

Corporation (RG&E) for operation of the

R. E. Ginna Nuclear Power Plant located

in Wayne County, New York. The

proposed amendment would modify the

Technical Specifications to correct

several typographical errors that were

implemented in the Ginna Station

Improved Technical Specifications (ITS)

at Ginna Station per Amendment No 61.

On February 24, 1996, RG&E

implemented the ITS. Currently, Ginna

Station is in a defueled condition while

in the performance of a steam generator

replacement project. While in this

condition, several typographical errors

have been discovered within the ITS by

various plant staff personnel. In general,

these errors are minor and are readily

apparent. However, several errors could

lead to confusion and a potential

incorrect application of a requirement.

The correction of these more limiting

errors is required prior to entering

MODE 2 which is scheduled to occur on

June 2, 1996. Failure to correct these

known errors would therefore prevent a

scheduled resumption in power

operation. The proposed changes would

permit the Ginna Station to enter MODE

2 as planned. Exigent action is justified

in order to avoid an unnecessary delay

in reactor startup.

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.

Pursuant to 10 CFR 50.91(a)(6) for

amendments to be granted under

exigent circumstances, the NRC staff

must determine that the amendment

request involves no significant hazards
24966 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

consideration. Under the Commission’s

regulations in 10 CFR 50.92, this means

that operation of the facility in

accordance with the proposed

amendment would not (1) involve a

significant increase in the probability or

consequences of an accident previously

evaluated; or (2) create the possibility of

a new or different kind of accident from

any accident previously evaluated; or

(3) involve a significant reduction in a

margin of safety. As required by 10 CFR

50.91(a), the licensee has provided its

analysis of the issue of no significant

hazards consideration, which is

presented below:

1. Operation of Ginna Station in

accordance with the proposed changes does

not involve a significant increase in the

probability or consequences of an accident

previously evaluated. The proposed changes

only correct various typographical errors

within the technical specifications. The

errors were discovered during use of the new

improved technical specifications and do not

involve any technical issues when compared

to NUREG–1431 or the ‘‘old’’ technical

specifications. As such, these changes are

administrative in nature and do not impact

initiators or analyzed events or assumed

mitigation of accident or transient events.

Therefore, these changes do not involve a

significant increase in the probability or

consequences of an accident previously

analyzed.

2. Operation of Ginna Station in

accordance with the proposed changes does

not create the possibility of a new or different

kind of accident from any accident

previously evaluated. The proposed changes

do not involve a physical alteration of the

plant (i.e., no new or different type of

equipment will be installed) or changes in

the methods governing normal plant

operation. The proposed changes will not

impose any new or different requirements.

Thus, this change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

3. Operation of Ginna Station in

accordance with the proposed changes does

not involve a significant reduction in a

margin of safety. The proposed changes will

not reduce a margin of plant safety because

the changes are administrative in nature. As

such, no question of safety is involved, and

the change does not involve a significant

reduction in a margin of safety.

The NRC staff has reviewed the

licensee’s analysis and, based on this

review, it appears that the three

standards of 10 CFR 50.92(c) are

satisfied. Therefore, the NRC staff

proposes to determine that the

amendment request involves no

significant hazards consideration.

The Commission is seeking public

comments on this proposed

determination. Any comments received

within 15 days after the date of

publication of this notice will be

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 15-day notice period.

However, should circumstances change

during the notice period such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

15-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received. Should

the Commission take this action, it will

publish in the Federal Register a notice

of issuance and provide for opportunity

for a hearing after issuance. The

Commission expects that the need to

take this action will occur very

infrequently.

Written comments may be submitted

by mail to the Rules Review and

Directives Branch, Division of Freedom

of Information and Publications

Services, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, and

should cite the publication date and

page number of this Federal Register

notice. Written comments may also be

delivered to Room 6D22, Two White

Flint North, 11545 Rockville Pike,

Rockville, Maryland, from 7:30 a.m. to

4:15 p.m. Federal workdays. Copies of

written comments received may be

examined at the NRC Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC.

The filing of requests for hearing and

petitions for leave to intervene is

discussed below.

By June 17, 1996, 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 2.714

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 Rochester

Public Library, 115 South Avenue,

Rochester, New York 14610. 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 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
Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices 24967

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 Jocelyn

A. Mitchell, Acting Director, Project

Directorate I–1, 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 Nicholas S.

Reynolds, Winston & Strawn, 1400 L

Street, NW., Washington, DC 20005,

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 May 8, 1996, as

supplemented May 10, 1996, 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

Rochester Public Library, 115 South

Avenue, Rochester, New York.

Dated at Rockville, Maryland, this

fourteenth day of May 1996.

For the Nuclear Regulatory Commission.

Guy S. Vissing,

Senior Project Manager, Project Directorate

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

of Nuclear Reactor Regulation.

[FR Doc. 96–12616 Filed 5–16–96; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Rel. No. IC–21956; 812–9920]

Blue Chip Value Fund, Inc.; Notice of

Application

May 14, 1996.

AGENCY: Securities and Exchange

Commission (‘‘SEC’’).

ACTION: Notice of Application for

Exemption under the Investment

Company Act of 1940 (the ‘‘Act’’).

APPLICANT: Blue Chip Value Fund, Inc.

RELEVANT ACT SECTIONS: Exemption

requested under section 6(c) of the Act

that would grant an exemption from

section 19(b) of the Act and rule 19b–

1 thereunder.

SUMMARY OF APPLICATION: Applicant

requests an order to make up to four

distributions of long-term capital gains

in any one taxable year, so long as

applicant maintains in effect a

distribution policy calling for quarterly

distributions of a fixed percentage of its

net asset value.

FILING DATES: The application was filed

on January 2, 1996, and amended on

April 18, 1996.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the SEC orders a hearing.

Interested persons may request a

hearing by writing to the SEC’s

Secretary and serving applicants with a

copy of the request, personally or by

mail. Hearing requests should be

received by the SEC by 5:30 p.m. on

June 10, 1996, and should be

accompanied by proof of service on

applicants, in the form of an affidavit or,

for lawyers, a certificate of service.

Hearing requests should state the nature

of the writer’s interest, the reason for the

request, and the issues contested.

Persons may request notification of a

hearing by writing to the SEC’s

Secretary.

ADDRESSES: Secretary, SEC, 450 5th

Street N.W., Washington, D.C. 20549.

Applicant, 1225 Seventeenth Street,

26th Floor, Denver, Colorado 80202.

FOR FURTHER INFORMATION CONTACT:

Elaine M. Boggs, Staff Attorney, at (202)

942–0572, or Alison E. Baur, Branch

Chief, at (202) 942–0564 (Division of

Investment Management, Office of

Investment Company Regulation).

SUPPLEMENTARY INFORMATION: The

following is a summary of the

application. The complete application

may be obtained for a fee at the SEC’s

Public Reference Branch.

Applicant’s Representations

1. Applicant is closed-end

management investment company

organized as a Maryland corporation.

Applicant’s investment objective is to

seek a high level of total investment

return, comprised of capital

appreciation and current income,

through investment primarily in a

diversified portfolio of equity securities.

2. From 1989 to April 1994, applicant

had a fixed distribution policy calling

for four quarterly distributions of an

amount equal to 2.5% of its net asset

value at the time of the declaration, for

a total of approximately 10% of its net

asset value per year. Any realized

capital gains from 1989 through 1993

were offset by capital loss

carryforwards. On April 4, 1994,

applicant announced a change in its

distribution policy to three quarterly

distributions of net investment income,

followed by a fourth distribution of an

amount equal to the greater of 10% of

net asset value less the prior three

distributions or the sum of applicant’s

net investment income and net capital

gains.

3. Applicant requests relief to permit

it to make up to four distributions of net

long-term capital gains in any one

taxable year, so long as it maintains in

effect a distribution policy calling for

quarterly distributions of a fixed

percentage of its net asset value (the

‘‘Pay-Out Policy’’).