[Federal Register Volume 90, Number 33 (Thursday, February 20, 2025)]
[Notices]
[Pages 9980-9983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02834]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-263; NRC-2025-0031]


Northern States Power Company, a Minnesota Corporation; 
Monticello Nuclear Generating Plant, Unit 1; License Amendment 
Application

AGENCY: Nuclear Regulatory Commission.

ACTION: Opportunity to comment, request a hearing, and petition for 
leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is considering issuance of an amendment to Facility Operating License 
No. DPR-22, issued to Northern States Power Company for operation of 
the Monticello Nuclear Generating Plant, Unit 1 (Monticello). The 
proposed amendment would revise the Emergency Action Level (EAL) 
Scheme. The proposed amendment is being requested under exigent 
circumstances pursuant to NRC regulations.

DATES: Submit comments by March 6, 2025. Request for a hearing or 
petitions for leave to intervene must be filed by April 21, 2025.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website.
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0031. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Beth Wetzel, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-5223; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2025-0031 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0031.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. The Xcel Energy--License Amendment 
Request to Revise the Emergency Action Level Scheme is available in 
ADAMS under Accession No. ML25038A114.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2025-0031 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. DPR-22, issued to Northern States Power Company 
for operation of Monticello, located in Wright, Minnesota.
    The proposed change will permanently revise the current Monticello 
EAL HU3.6, ``River level less than 902.4 feet (ft) elevation'' by 
including a duration of river level less than 902.4 ft elevation for 60 
minutes.
    In its request, the licensee explained that during the winter of 
2024-2025, a transient that began at an upstream dam created a 
disruption that ultimately led to significant icing and debris 
challenges at the Monticello intake. The instrument used to measure and 
monitor river level is located outside the

[[Page 9981]]

intake structure. The indication for river level during this transient 
decreased and approached the 902.4-foot limit for a period of 3-4 
minutes before recovering above 903 ft. Dynamic river conditions can 
cause a differential level between the plant intake and the river. 
Actual level in the river during this transient remained well above the 
Notice of Unusual Event (NUE) threshold. There was no degradation of 
the ultimate heat sink. The definition of a NUE is an emergency 
classification level indicating that events are in progress or have 
occurred which indicate potential degradation of the level of safety of 
the plant. The reason for the exigent review is to preclude an 
unnecessary emergency declaration should another transient challenge 
the indication during the remaining winter months.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    1. Pursuant to 50.91(a)(6) of title 10 of the Code of Federal 
Regulations (10 CFR) for amendments to be granted under exigent 
circumstances, the NRC must find that the licensee and the Commission 
must act quickly, that time does not permit the Commission to publish a 
Federal Register notice allowing 30 days for prior public comment, and 
that the license amendment request involves no significant hazards 
consideration. Under the NRC's regulations in 10 CFR 50.92, this means 
that operation of the facility in accordance with the proposed 
amendment 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 (NSHC), which is presented below: Does the proposed 
change involve a significant increase in the probability or 
consequences of an accident previously evaluated?
    Response: No. The proposed change to the EAL for low river level 
does not impact the physical function of plant structures, systems, or 
components (SSCs) or the manner in which SSCs perform their design 
function. The proposed change neither adversely affects accident 
initiators or precursors, nor alters design assumptions. The proposed 
change does not alter or prevent the ability of operable SSCs to 
perform their intended function to mitigate the consequences of an 
initiating event within assumed acceptance limits. No operating 
procedures or administrative controls that function to prevent or 
mitigate accidents are affected by the proposed change. Therefore, the 
proposed change does not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No. The proposed change does not impact the accident 
analysis. The change does not involve a physical alteration of the 
plant (i.e., no new or different type of equipment will be installed), 
a change in the method of plant operation, or new operator actions. The 
proposed change will not introduce failure modes that could result in a 
new accident, and the change does not alter assumptions made in the 
safety analysis. The proposed change revises an EAL, which establishes 
the threshold for placing the plant in an emergency classification. 
EALs are not initiators of any accidents. Therefore, the proposed 
change does 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 a 
margin of safety?
    Response: No. Margin of safety is associated with confidence in the 
ability of the fission product barriers (i.e., fuel cladding, reactor 
coolant system pressure boundary, and containment structure) to limit 
the level of radiation dose to the public. The proposed change is 
associated with an EAL and does not impact operation of the plant or 
its response to transients or accidents. The change does not affect the 
operating license including appendix A, the technical specifications. 
The proposed change does not involve a change in the method of plant 
operation, and no accident analyses will be affected by the proposed 
change. Additionally, the proposed change will not relax any criteria 
used to establish safety limits and will not relax any safety system 
settings. The safety analysis acceptance criteria are not affected by 
this change. The proposed change will not result in plant operation in 
a configuration outside the design basis. The proposed change does not 
adversely affect systems that respond to safely shutdown the plant and 
to maintain the plant in a safe shutdown condition. The revised EAL 
provides more appropriate criteria for determining protective measures 
that should be considered within and outside the site boundary to 
protect health and safety. The emergency plan will continue to activate 
an emergency response commensurate with the extent of degradation of 
plant safety. Therefore, the proposed change does not involve a 
significant reduction in a margin of safety.
    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 
license amendment request involves NSHC.
    In accordance with 10 CFR 50.91(a)(6), where the Commission finds 
that exigent circumstances exist, and also determines that the 
amendment involves NSHC, it can issue a Federal Register notice 
providing notice of an opportunity for hearing and allowing at least 
two weeks from the date of the notice for prior public comment.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves NSHC. Any comments received 
within 14 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 14-day notice period. However, if 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 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. If 
the Commission takes this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if

[[Page 9982]]

appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of NSHC, the Commission will make a final 
determination on the issue of NSHC, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves NSHC, the Commission may issue the amendment and make 
it immediately effective, notwithstanding the request for a hearing. 
Any hearing would take place after issuance of the amendment. If the 
final determination is that the amendment request involves a NSHC, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing docket where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license

[[Page 9983]]

amendment dated February 7, 2025 (ADAMS Accession No. ML25038A114).
    Attorney for licensee: Tim Mastrogiacomo, VP, Federal Regulatory, 
Legal, and Policy, Xcel Energy, 701 Pennsylvania NW, Suite 250, 
Washington, DC 20004.
    NRC Acting Branch Chief: Ilka Berrios.


    Dated: February 14, 2025.

    For the Nuclear Regulatory Commission.
Beth Wetzel,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2025-02834 Filed 2-19-25; 8:45 am]
BILLING CODE 7590-01-P