[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Pages 4478-4479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1578]



[Docket Nos. 50-282-LR and 50-306-LR; ASLBP No. 08-871-01-LR]

Atomic Safety and Licensing Board; Before Administrative Judges: 
William J. Froehlich, Chairman, Dr. Gary S. Arnold, Dr. Thomas J. 
Hirons; In the Matter of: Northern States Power Co. (Formerly Nuclear 
Management Company, LLC) (Prairie Island Nuclear Generating Plant, 
Units 1 and 2); Notice of Hearing (Application for 20-Year License 

January 16, 2009.
    This proceeding concerns the application filed April 11, 2008 by 
Nuclear Management Company, LLC \1\ to renew Operating License Nos. 
DPR-042 and DPR-060 for the Prairie Island Nuclear Generating Plant 
(PINGP), Units 1 and 2, for an additional 20 years.\2\ The PINGP is 
located near the city of Red Wing, in Goodhue County, Minnesota. The 
current licenses expire on August 9, 2013 for Unit 1 and on October 29, 
2014 for Unit 2.

    \1\ Since the Application was filed, the NRC has approved the 
transfer of operating authority over Prairie Island Nuclear 
Generating Station, Units 1 and 2, from Nuclear Management Company, 
LLC (NMC) to Northern States Power Company. Order Approving Transfer 
of License and Conforming Amendment (Sept. 15, 2008) (ADAMS 
Accession No. ML082521182).
    \2\ Application for Renewed Operating Licenses (Apr. 2008) 
(ADAMS Accession No. ML081130673).

    On June 17, 2008, the Nuclear Regulatory Commission (NRC or 
Commission) published a notice of opportunity for hearing regarding 
this license renewal application (Application or LRA).\3\ The hearing 
notice permitted any person whose interest might be affected by the 
license renewal to file a request for hearing and petition for leave to 
intervene within 60 days of the hearing notice. On August 18, 2008, 
PIIC filed a petition to intervene containing eleven proposed 
contentions and requesting an adjudicatory hearing.\4\ The Board heard 
oral arguments on Petitioner's standing and contentions as well as on a 
motion to strike on October 29, 2008 in Hastings, Minnesota.\5\

    \3\ 73 FR 34,335 (June 17, 2008).
    \4\ Prairie Island Indian Community Notice of Intent to 
Participate and Petition to Intervene (Aug. 18, 2008).
    \5\ See Tr. at 1-162.

    On December 5, 2008, the Licensing Board issued a Memorandum and 
Order,\6\ which granted PIIC party status and admitted seven 
contentions. The admitted contentions are as follows:

    \6\ Northern States Power Co. (Prairie Island Nuclear Generating 
Plant), LBP-08-26, 68 NRC--(Dec. 5, 2008).

    1. Contention 1--The ER in the LRA does not provide an adequate 
analysis of historical and archaeological resources that may be 
affected by the proposed license renewal. The LRA does not include 
information concerning pitfalls that could adversely affect the plan to 
avoid damage to Historical and Archaeological Resources.
    2. Contention 2--The SAMA analysis in the LRA does not accurately 
reflect the site restoration costs for the area surrounding the PINGP, 
including the PIIC and its associated Treasure Island complex. The Site 
Restoration Study methodology should be used to develop more 
appropriate input for the analysis.
    3. Contention 5--Applicant's environmental report contains a 
seriously flawed environmental justice analysis that does not 
adequately assess the impacts of the PINGP on the adjacent minority 
    4. Contention 6--The LRA does not include an adequate plan to 
monitor and manage the effects of aging for containment coatings, whose 
integrity is directly related to plant safety and the performance of 
the emergency core cooling systems.
    5. Contention 7--The LRA does not contain an adequate plan to 
monitor and manage the effects of aging due to embrittlement of the 
reactor vessel internals.
    6. Contention 8--Section B2.1.27 of the LRA does not contain an 
adequate plan to monitor the effects of primary water stress corrosion 
cracking of nickel-alloy components.
    7. Contention 11--The LRA fails to supply sufficient details of the 
aging management program for flow accelerated corrosion to demonstrate 
that its effects will be adequately managed.
    The Board also ruled that the procedures of Subpart L shall be used 
for these admitted contentions.\7\ On December 15, 2008, Northern 
States Power Company (Applicant) filed a motion for reconsideration of 
LBP-08-26 regarding Contention 5 or in the alternative, for referral to 
the Commission. The Board denied this motion on January 16, 2009.

    \7\ Id--. at (slip op. at 61); see also 10 CFR 2.1200-.1213.

    In light of the foregoing, please take notice that a hearing will 
be conducted in this proceeding. The Board may conduct an oral 
argument,\8\ may hold pre-hearing conferences,\9\ and may conduct 
evidentiary hearings.\10\ In that

[[Page 4479]]

regard, the parties to this proceeding will be contacted in the near 
future by the Board's law clerk for purposes of setting up a scheduling 
conference.\11\ The public is invited to attend any oral argument, pre-
hearing conference, or evidentiary hearing unless otherwise ordered by 
the Commission.\12\ Notices of these sessions will be published in the 
Federal Register and/or made available to the public at the NRC Public 
Document Room, located at One White Flint, 11555 Rockville Pike (first 
floor), Rockville, Maryland, and through the NRC Web site, http://www.nrc.gov.

    \8\ 10 CFR 2.331.
    \9\ Id. Sec.  2.329.
    \10\ Id. Sec.  2.1207.
    \11\ Id. Sec.  2.332; see also 10 CFR Part 2, App. B (II) (Model 
Milestones for Hearings Conducted under 10 CFR Part 2, Subpart L).
    \12\ 10 CFR 2.328.

    The Administrative Dispute Resolution Act of 1996 (ADR Act) \13\ 
encourages the use of alternative dispute resolution by Federal 
agencies.\14\ The parties are encouraged to explore voluntary 
processes, including settlement talks with or without a neutral, to 
resolve the issues in this case. Upon request, a settlement judge from 
the ASLBP could be appointed.\15\

    \13\ 5 U.S.C. 571-584.
    \14\ Public Law No. 104-320, Sec.  4(a), 110 Stat. 3871 (1996).
    \15\ See 10 CFR 2.338(b).

    Additionally, as provided in 10 CFR 2.315(a), any person not a 
party to the proceeding may submit a written limited appearance 
statement setting forth his or her position on the issues in this 
proceeding. These statements do not constitute evidence but may assist 
the Board and/or parties in defining the issues being considered. 
Persons wishing to submit a written limited appearance statement should 
send it by mail to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff. A copy of the statement should also be served on 
the Chairman of this Atomic Safety and Licensing Board by mail to the 
Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. At a later date, the Board may 
entertain oral limited appearance statements at a location or locations 
in the vicinity of the Prairie Island facility. Notice of any oral 
limited appearance sessions will be published in the Federal Register 
and/or made available to the public at the NRC Public Document Room and 
on the NRC Web site, http://www.nrc.gov.
    Documents relating to this proceeding are available for public 
inspection at the NRC's Public Document Room or electronically from the 
publicly available records component of NRC's document system (ADAMS). 
ADAMS is accessible from the NRC Web site at 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 may 
contact the NRC Public Document Room reference staff by telephone at 1-
800-397-4209 or 301-415-4737, or by e-mail to [email protected].

    \16\ Copies of this order were sent this date by the agency's E-
Filing system to counsel for (1) Applicant, Northern States Power 
Company, (2) Petitioner, Prairie Island Indian Community, and (3) 
NRC Staff.

    Rockville, Maryland, January 16, 2009.

    It is so ordered.

    For the Atomic Safety and Licensing Board \16\
William J. Froehlich,
Chairman Administrative Judge.
 [FR Doc. E9-1578 Filed 1-23-09; 8:45 am]