[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 35054-35057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16369]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-254 and 50-265]


Order Approving Transfer of License and Notice of Consideration 
of Proposed Issuance of Associated Amendment, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    In the Matter of: Commonwealth Edison Company, Iowa-Illinois Gas 
and Electric Company (Quad Cities Nuclear Power Station, Units 1 and 
2).

I

    Iowa-Illinois Gas and Electric Company (IIGEC) is holder of 25 
percent ownership in Quad Cities Nuclear Power Station, Units 1 and 2. 
Commonwealth Edison Company (ComEd) owns the remaining 75 percent share 
of the facility. IIGEC and ComEd are governed by Facility Operating 
License Nos. DPR-29 and DPR-30 issued by the U.S. Atomic Energy 
Commission (AEC) pursuant to part 50 of title 10 of the Code of Federal 
Regulations (10 CFR part 50) on December 14, 1972. Under these 
licenses, only ComEd, acting as agent and representative of the two 
owners listed on the licenses, has the authority to operate the Quad 
Cities Nuclear Power Station, Units 1 and 2. The Quad Cities station is 
located in rock Island County, Illinois.

II

    By letter dated November 21, 1994, IIGEC informed the Commission 
that MidAmerican Energy Company (MidAmerican) will become the surviving 
corporation and public utility of a proposed merger between IIGEC, 
MidAmerican, Midwest Resources, Inc., and Midwest Power Systems, Inc. 
This merger would result in the transfer of IIGEC's 25 percent 
ownership share in 

[[Page 35055]]
Quad Cities Nuclear Power Station, Units 1 and 2, to MidAmerican. The 
current stockholders of IIGEC and Midwest Resources, Inc. will become 
stockholders of MidAmerican when the merger takes effect. IIGEC 
requested the Commission's approval of the transfer of the ownership 
interest it now holds, pursuant to 10 CFR 50.80. Notice of this request 
for approval was published in the Federal Register on January 10, 1995 
(60 FR 2615).
    The transfer of Facility Operating License Nos. DPR-29 and DPR-30 
is subject to the NPR's approval under 10 CFR 50.80(a). Upon review of 
information submitted in the letter of November 21, 1994, and other 
information before the Commission, the NRC staff has determined that 
MidAmerican will be an electric utility as defined in 10 CFR 50.2 and, 
consequently, as provided in 10 CFR 50.33(f), is not required to 
provide information on financial qualifications for a license to 
operate. The NRC staff concludes that MidAmerican is qualified to hold 
the licenses to the extent and for the purposes that IIGEC is now 
authorized to hold the licenses, and that the transfer, subject to the 
conditions set forth herein, is otherwise consistent with applicable 
provisions of law, regulations, and orders issued by the Commission. 
These findings are supported by a Safety Evaluation dated June 20,1995.

III

    By August 4, 1995, 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), in the same manner as is more 
fully discussed below regarding requests for hearing and petitions for 
leave to intervene in connection with proposed license amendments.
    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 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, 
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, and to Michael I. Miller, Esquire, Sidley and 
Austin, One First National Plaza, Chicago, Illinois 60603, attorney for 
ComEd, and Sam Behrends, Esquire, LeBoeuf, Lamb, Greene & MacRae, 1875 
Connecticut Avenue, NW., Washington, DC 2009-5728, attorney for IIGEC.

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), 2234, and 
10 CFR 50.80, IT IS HEREBY ORDERED that the Commission consents to the 
proposed transfer of the licenses described herein from IIGEC to 
MidAmerican subject to the following: (1) Approved amendments 
describing MidAmerican as part owner of Quad Cities Nuclear Power 
Station, Units 1 and 2, for Facility Operating License Nos. DPR-29 and 
DPR-30, which when issued by the NRC, would become effective as of the 
date of issuance; (2) should the transfer not be completed by August 
30, 1995, this Order shall become null and void; and (3) on application 
and for good cause shown, this Order may be extended for a short period 
beyond August 30, 1995.
    This Order is effective upon issuance.

V

    Notice is hereby given that the Commission is considering the 
issuance of amendments to the licenses described herein to reflect the 
above transfer approved by the Commission. IIGEC stated in a letter 
dated November 21, 1994, again as stated by ComEd in their letter dated 
February 23, 1995, that the amendments are administrative in nature 
only because (1) IIGEC holds a minority interest (25 percent) in the 
facility, (2) ComEd is the sole operator of the facility, and (3) 
MidAmerican, as successor in interest to IIGEC, will be committed under 
the Ownership Agreement and the Operating Agreement to provide funds 
necessary on a pro-rata basis for the safe operation, maintenance, 
repair, decontamination, and decommissioning of the Quad Cities station 
in conformance with NRC regulations, subject to the same obligations, 
terms, and conditions that apply to IIGEC under the licenses. IIGEC 
further stated that MidAmerican's ability to fund these costs will be 
equal to, or greater than, that of IIGEC.
    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.
    The Commission has made a proposed determination that the proposed 
amendments involve no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, operation of the facility in 
accordance with the proposed amendments 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), ComEd has provided its analysis of the issue of no 
significant hazards consideration. According to the licensee, the 
proposed amendments would not:

    1. Involve a significant increase in the probability or 
consequences of an accident previously evaluated because:
    The proposed changes are purely administrative in nature, and as 
such do not affect any accident precursors or initiators. Therefore, 
the proposed changes do not increase the probability of any 
previously evaluated accident. Similarly, the proposed changes do 
not affect any equipment or procedures used to mitigate the 
consequences of an accident.
    2. Create the possibility of a new or different kind of accident 
from any accident previously evaluated because:
    The proposed changes are administrative in nature and therefore 
have no effect on the accident analyses or system operation. 
Therefore, the possibility of a new or different kind of accident is 
not created.
    3. Involve a significant reduction in the margin of safety 
because:
    The proposed changes do not involve a relaxation of the criteria 
used to establish safety limits, a relaxation of the bases for 
limiting safety system settings, or a relaxation of the bases for 
limiting conditions of operation. The proposed changes are 
administrative in nature without consequence to the safety of the 
plant. Therefore, the proposed changes do not impact the 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 30 days after the date of 
publication of this notice will be considered in making any final 
determination.

[[Page 35056]]

    Normally, the Commission will not issue the amendments until the 
expiration of the 30-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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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 an 
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, 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 August 4, 1995, any person whose interest may be affected by the 
issuance of the amendments to the subject facility operating licenses 
and who wishes to participate as a party 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 Dixon Public Library, 221 Hennepin Avenue, Dixon, Illinois. If a 
request for a hearing or a 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 the 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. The Petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant 
for the amendments on a material issue of law or fact. Contentions 
shall be limited to matters within the scope of the amendments 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 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    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, 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 Mr. Robert A. Capra: 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, and to Michael I. 
Miller, Esquire, Sidley and Austin, One First National Plaza, Chicago, 
IL 60603, attorney for ComEd, and Sam Behrends, Esquire, LeBoeuf, Lamb, 
Greene & MacRae, 1875 Connecticut Avenue NW., Washington, DC 20009-
5728, attorney for IIGEC.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained 

[[Page 35057]]
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).
    Pursuant to 10 CFR 51.21, 51.32 and 51.35, an environmental 
assessment and finding of no significant impact has been prepared and 
published in the Federal Register on March 27, 1995 (60 FR 15799).
    Accordingly, based upon the environmental assessment, the 
Commission has determined that the issuance of these amendments will 
not have a significant effect on the quality of the human environment.
    For further details with respect to this action, see the 
application for the transfer of licenses dated November 21, 1994, and 
the application for amendments dated February 23, 1995, which are 
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 Dixon Public Library, 221 
Hennepin Avenue, Dixon, IL.

    Dated at Rockville, Maryland, this 28th day of June 1995.

    For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 95-16369 Filed 7-3-95; 8:45 am]
BILLING CODE 7590-01-M