[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]
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