[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Notices]
[Pages 16599-16601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4778]
[[Page 16599]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-263]
Nuclear Management Company, Monticello Nuclear Generating Plant;
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.
DPR-22, issued to the Nuclear Management Company, LLC (the licensee),
for operation of Monticello Nuclear Generating Plant (MNGP), located in
Wright and Sherburne Counties, Minnesota.
The proposed amendment would revise Section 4.3, ``Fuel Storage,''
of the MNGP Technical Specifications to allow for installation of an
additional temporary 8 x 8 (64-cell) high-density spent fuel storage
rack in the spent fuel pool to maintain full core off-load capability.
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.
As required by 10 CFR 50.91(a), the licensee has provided its
analysis of the issue of no significant hazards consideration. The NRC
staff's own analysis, done in accordance with the standards of 10 CFR
50.92, is presented below:
(1) Does the proposed license amendment involve a significant
increase in the probability or consequences of an accident previously
evaluated?
No. The temporary spent fuel rack would have essentially the same
design purpose, function, standards, and quality as the permanent fuel
racks already in place in the spent fuel pool. Other than a slight
increase in storage capacity and the resultant slight increase in spent
fuel heat generation, there is no other change to the original design
and method of operation of the spent fuel pool. Since there is no other
change to plant equipment or method of operation, there is no change in
the probability of occurrence of an accident, and no change to the
accident scenario previously analyzed for the MNGP licensing basis and
previously evaluated by the NRC staff.
(2) Does the proposed amendment create the possibility of a new or
different kind of accident from any accident previously evaluated?
No. The proposed amendment does not introduce new equipment
operating modes, nor does it alter existing system and component design
beyond the installation of the temporary spent fuel storagerack.
Accordingly, the proposed amendment does not introduce new failure
modes, nor does it alter the equipment required for accident
mitigation. The postulated accident scenarios previously evaluated are
not changed in any way. Therefore, the proposed amendment will not
create the possibility of a new or different kind of accident from any
accident previously evaluated.
(3) Does the proposed change involve a significant reduction in the
margin of safety?
No. The proposed amendment would allow the licensee to install a
temporary spent fuel storage rack in the spent fuel pool. Other than
this change, which will be reviewed by the NRC staff, the licensee is
proposing no other changes to other analytical models, assumptions,
parameters, or acceptance criteria. Accordingly, the proposed amendment
does not involve a significant reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
its own analysis above, it appears that the three standards of 10 CFR
50.92(c) are satisfied. Therefore, the NRC staff proposes to determine
that the proposed amendment involves no significant hazards
consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days of 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. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document Room
(PDR), located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, 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 2.309, which is available at the
Commission's PDR, located at One White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, 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
[[Page 16600]]
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestors/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
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/requestor 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 petition must include 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/requestor
who fails to satisfy 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.
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 requested amendment 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 requested
amendment involves a significant hazards consideration, any hearing
held would take place before the issuance of any amendment.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A request for a hearing or a petition for leave to intervene must
be filed by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff; (3) E-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, [email protected];
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and it is requested that copies be transmitted either by
means of facsimile transmission to 301-415-3725 or by e-mail to
[email protected]. A copy of the request for hearing and petition
for leave to intervene should also be sent to Jonathan Rogoff, Esquire,
Vice President, Counsel & Secretary, Nuclear Management Company, LLC,
700 First Street, Hudson, WI 54016.
The Commission hereby provides notice that this is a proceeding on
an application for a license amendment falling within the scope of
section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C.
10154. Under section 134 of the NWPA, the Commission, at the request of
any party to the proceeding, must use hybrid hearing procedures with
respect to ``any matter which the Commission determines to be in
controversy among the parties.''
The hybrid procedures in section 134 provide for oral argument on
matters in controversy, preceded by discovery under the Commission's
rules and the designation, following argument, of only those factual
issues that involve a genuine and substantial dispute, together with
any remaining questions of law, to be resolved in an adjudicatory
hearing. Actual adjudicatory hearings are to be held on only those
issues found to meet the criteria of section 134 and set for hearing
after oral argument.
The Commission's rules implementing section 134 of the NWPA are
found in 10 CFR part 2, subpart K, ``Hybrid Hearing Procedures for
Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power
Reactors.'' Under those rules, any party to the proceeding may invoke
the hybrid hearing procedures by filing with the presiding officer a
written request for oral argument under 10 CFR 2.1109. To be timely,
the request must be filed together with a request for hearing/petition
to intervene, filed in accordance with 10 CFR 2.309. If it is
determined a hearing will be held, the presiding officer must grant a
timely request for oral argument. The presiding officer may grant an
untimely request for oral argument only upon a showing of good cause by
the requesting party for the failure to file on time and after
providing the other parties an opportunity to respond to the untimely
request. If the presiding officer grants a request for oral argument,
any hearing held on the application must be conducted in accordance
with the hybrid hearing procedures. In essence, those procedures limit
the time available for discovery and require that an oral argument be
held to determine whether any contentions must be resolved in an
adjudicatory hearing. If no party to the proceeding timely requests
oral argument, and if all untimely requests for oral argument are
denied, then the usual procedures in 10 CFR part 2, Subpart L apply.
For further details with respect to this action, see the
application for amendment dated March 7, 2006, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible from
the Agencywide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to
ADAMS or who encounter problems in accessing the documents located in
ADAMS, should contact the NRC PDR Reference staff by telephone at 1-
800-397-4209, 301-415-4737, or by e-mail to [email protected].
[[Page 16601]]
Dated at Rockville, Maryland, this 24th day of March, 2006.
For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Plant Licensing Branch III-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-4778 Filed 3-31-06; 8:45 am]
BILLING CODE 7590-01-P