[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Notices]
[Pages 3946-3947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1309]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-282 and 50-306; NRC-2010-0022]


License Nos. DPR-42 and DPR-60; Northern States Power Company; 
Prairie Island Nuclear Generating Plant, Units 1 and 2; Receipt of 
Request for Action Under 10 CFR 2.206

    Notice is hereby given that by petition dated September 4, 2009, 
Mr. David Lee Sebastian (petitioner) has requested that the U.S. 
Nuclear Regulatory Commission (NRC) take action with regard to the 
licensee for the Prairie Island Nuclear Generating Plant, Units 1 and 
2. The Prairie Island Nuclear Generating Plant is operated by Northern 
States Power Company, incorporated in Minnesota as a wholly owned 
subsidiary of Xcel Energy, Inc. (Xcel). The petitioner requests that 
the NRC:
    (1) Order Xcel to cease and desist from its current arbitrary and 
capricious practices using the Access Authorization and Fitness for 
Duty (AA/FFD) Programs other than their intended created intent, as 
they are being applied against the petitioner.
    (2) Order compliance with:
    (A) The NRC's regulations under Section 73.56, ``Personnel Access 
Authorization Requirements for Nuclear Power Plants,'' of Title 10 of 
the Code of Federal Regulations (10 CFR 73.56);
    (B) The rationale described in the final rule ``Access 
Authorization Program for Nuclear Power Plants'' (RIN 3150-AA90) 
published in the Federal Register on April 26, 1991 (56 FR 18997); and
    (C) Nuclear Energy Institute's (NEI) implementation guidance in 
``Nuclear Power Plant Access Authorization Program'' (NEI-03-01, Rev. 
2).
    (3) That the petitioner be granted access authorization without 
further delay to perform his accepted job tasks with all record of 
denial removed from any and all records wherever found.
    (4) Issue any other Order, or grant any other relief, to which the 
petitioner may have shown himself entitled.
    As the basis for the request, the petitioner states that Xcel is in 
violation of 10 CFR 73.56 in denying him access to the Prairie Island 
Nuclear Generating Plant using the AA/FFD program by basing the 
decision solely upon an existing tax lien. The petitioner states that 
Xcel failed to base the decision to grant or deny unescorted access 
authorization on a review and evaluation of all pertinent information. 
The petitioner states that Xcel failed to incorporate all three 
elements (i.e., background investigation, psychological assessment, and 
behavioral observation) of the unescorted access authorization program 
when making the decision to deny the petitioner unescorted access, 
contrary to the rationale for rule ``Access Authorization Program for 
Nuclear Power Plants'' (56 FR 18997).
    The NRC is treating the petitioner's request pursuant to 10 CFR 
2.206, ``Requests for Action under This Subpart.'' The request has been 
referred to the Director of the Office of Nuclear Reactor Regulation. 
As provided by Section 2.206, the NRC will take appropriate action on 
this petition within a reasonable time. A copy of the petition is 
available for inspection at the Commission's Public Document Room 
(PDR), located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, MD 20852. Publicly available 
records related to this action will be accessible from the Agencywide 
Documents Access and Management System (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 or 
301-415-4737, or by e-mail to [email protected]. The ADAMS accession 
number for the

[[Page 3947]]

incoming petition request is ML093380574.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 15th day of January 2010.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-1309 Filed 1-22-10; 8:45 am]
BILLING CODE 7590-01-P