[Federal Register Volume 64, Number 82 (Thursday, April 29, 1999)]
[Notices]
[Pages 23131-23133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10684]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-282 and 50-306]


Northern States Power Company; Notice of Consideration of 
Issuance of Amendments to Facility Operating Licenses DPR-42 and DPR-60 
Proposed No Significant Hazards Consideration Determination, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating Licenses DPR-
42 and DPR-60 issued to Northern States Power Company (the licensee) 
for operation of the Prairie Island Nuclear Generating Plant, Units 1 
and 2, located in Goodhue County, Minnesota.
    The proposed amendments would change the implementation date for 
the

[[Page 23132]]

relocation of the requirements specified in Technical Specification 
Sections 3.1.E and 5.1 to the Updated Final Safety Analysis Report. On 
December 7, 1998, the NRC had previously issued license amendments 141 
and 132 for Units 1 and 2, respectively, approving the relocation of 
aforementioned requirements by June 1, 1999. The proposed amendments 
would postpone the implementation date to September 1, 1999.
    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 amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that 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), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. Does operation of the facility with the proposed amendment[s] 
involve a significant increase in the probability or consequences of 
an accident previously evaluated?
    The proposed change is administrative in nature and does not 
significantly affect any system that is a contributor to initiating 
events for previously evaluated accidents. Neither does the change 
significantly affect any system that is used to mitigate any 
previously evaluated accidents. Therefore, the proposed change does 
not involve any significant increase in the probability or 
consequence of an accident previously evaluated. Current Technical 
Specification requirements will remain in place.
    2. Does operation of the facility with the proposed amendment[s] 
create the possibility of a new or different kind of accident from 
any accident previously evaluated?
    The proposed change is administrative in nature and does not 
alter the design, function, or operation of any plant component and 
does not install any new or different equipment, therefore a 
possibility of a new or different kind of accident from those 
previously analyzed has not be created.
    3. Does operation of the facility with the proposed amendment[s] 
involve a significant reduction in a margin of safety?
    The proposed change is administrative in nature and does not 
involve a significant reduction in the margin of safety associated 
with the fuel cladding, reactor coolant boundary, containment, or 
any safety limit. Current Technical Specification requirements will 
remain in place.

    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.
    Normally, the Commission will not issue the amendment 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 amendment before the expiration of 
the 30-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 Chief, Rules and 
Directives Branch, Division of Administrative 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 6D59, 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 May 26, 1999, 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 Minneapolis Public Library, Technology and 
Science Department, 300 Nicollet Mall, Minneapolis, Minnesota 55401. 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

[[Page 23133]]

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: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by close of business on the above date. 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 Jay Silberg, 
Esq., Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, NW, 
Washington, DC 20037, 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 April 20, 1999, 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 Minneapolis Public Library, Technology and 
Science Department, 300 Nicollet Mall, Minneapolis, Minnesota 55401.

    Dated at Rockville, Maryland, this 22nd day of April 1999.

    For the Nuclear Regulatory Commission.
George F. Dick,
Acting Chief, Section 1, Project Directorate III, Division of Licensing 
Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-10684 Filed 4-28-99; 8:45 am]
BILLING CODE 7590-01-P