[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Pages 6642-6643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3097]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-282; 50-306; 72-10]


Northern States Power Company Prairie Island Nuclear Generating 
Plant, Units 1 and 2, and Prairie Island Independent Spent Fuel Storage 
Installation; Notice of Consideration of Approval of Transfer of 
Facility Operating Licenses and Materials License and Conforming 
Amendment, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 and 10 CFR 
72.50 approving the transfer of Facility Operating Licenses Nos. DPR-42 
and DPR-60 for the Prairie Island Nuclear Generating Plant, Units 1 and 
2, and Materials License No. SNM-2506 for the Prairie Island 
Independent Spent Fuel Storage Installation (ISFSI) currently held by 
Northern States Power Company (NSP), as owner and licensed operator of 
Prairie Island, Units 1 and 2, and Prairie Island ISFSI. The transfer 
would be to a newly formed company (referred to herein as ``New NSP''). 
The Commission is also considering amending the licenses for 
administrative purposes to reflect the proposed transfer.
    By application dated October 29, 1999, the Commission was informed 
that Northern States Power Company entered into an agreement on March 
24, 1999, to merge with New Century Energies, Inc. (NCE). Under the 
agreement, NCE will be merged with and into NSP, which will be renamed 
Xcel Energy, Inc. At the time of the merger, NSP will transfer all of 
its existing electric and natural gas utility facilities and 
responsibility and control over operations to New NSP. New NSP would 
assume title to the facilities following approval of the proposed 
license transfers, and would become responsible for the operation, 
maintenance, and eventual decommissioning of Prairie Island, Units 1 
and 2, and Prairie Island ISFSI. No physical changes to the Prairie 
Island, Units 1 and 2, or Prairie Island ISFSI facilities or 
operational changes other than the transfer of operating authority to 
New NSP are being proposed in the application.
    The proposed amendment would add a footnote to the licenses to 
reflect their transfer from NSP to the newly formed, wholly owned 
subsidiary.
    Pursuant to 10 CFR 50.80 and 10 CFR 72.50, no license, or any right 
thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the license, unless the Commission shall give 
its consent in writing. The Commission will approve an application for 
the transfer of a license, if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming 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.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
or the license of an independent spent fuel storage installation which 
does no more than conform the license to reflect the transfer action, 
involves respectively, ``no significant hazards consideration'' or ``no 
genuine issue as to whether the health and safety of the public will be 
significantly affected.'' No contrary determination has been made with 
respect to this specific license amendment application. In light of the 
generic determinations reflected in 10 CFR 2.1315, no public comments 
with respect to significant hazards considerations are being solicited, 
notwithstanding the general comment procedures contained in 10 CFR 
50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By March 1, 2000, any person whose interest may be affected by the 
Commission's action on the application may request a hearing, and, if 
not the applicants, may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR Part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In

[[Page 6643]]

addition, an untimely request or petition should address the factors 
that the Commission will also consider, in reviewing untimely requests 
or petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Jay Silberg, Esq., counsel for NSP, at Shaw, Pittman, 
Potts, and Trowbridge, 2300 N Street, NW, Washington, DC 20037 (tel: 
202-663-8063; fax: 202-663-8007; e-mail: [email protected]); 
and the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555 (e-mail address for filings regarding license 
transfer cases only: [email protected]); and the Secretary of the 
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff, in accordance 
with 10 CFR 2.1313.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, by March 13, 2000, persons may submit written comments 
regarding the license transfer application, as provided for in 10 CFR 
2.1305. The Commission will consider and, if appropriate, respond to 
these comments, but such comments will not otherwise constitute part of 
the decisional record. Comments should be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of this Federal Register notice.
    For further details with respect to this action, see the 
application dated October 29, 1999, available for public inspection at 
the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC, and accessible electronically through the 
ADAMS Public Electronic Reading Room link at the NRC Web site
(http://www.nrc.gov).

    Dated at Rockville, Maryland this 7th day of February 2000.

    For the Nuclear Regulatory Commission.
Claudia M. Craig,
Chief, Section Project Directorate III, Division of Licensing Project 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 00-3097 Filed 2-9-00; 8:45 am]
BILLING CODE 7590-01-P