[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 35054-35057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16369]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-254 and 50-265]
Order Approving Transfer of License and Notice of Consideration
of Proposed Issuance of Associated Amendment, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
In the Matter of: Commonwealth Edison Company, Iowa-Illinois Gas
and Electric Company (Quad Cities Nuclear Power Station, Units 1 and
2).
I
Iowa-Illinois Gas and Electric Company (IIGEC) is holder of 25
percent ownership in Quad Cities Nuclear Power Station, Units 1 and 2.
Commonwealth Edison Company (ComEd) owns the remaining 75 percent share
of the facility. IIGEC and ComEd are governed by Facility Operating
License Nos. DPR-29 and DPR-30 issued by the U.S. Atomic Energy
Commission (AEC) pursuant to part 50 of title 10 of the Code of Federal
Regulations (10 CFR part 50) on December 14, 1972. Under these
licenses, only ComEd, acting as agent and representative of the two
owners listed on the licenses, has the authority to operate the Quad
Cities Nuclear Power Station, Units 1 and 2. The Quad Cities station is
located in rock Island County, Illinois.
II
By letter dated November 21, 1994, IIGEC informed the Commission
that MidAmerican Energy Company (MidAmerican) will become the surviving
corporation and public utility of a proposed merger between IIGEC,
MidAmerican, Midwest Resources, Inc., and Midwest Power Systems, Inc.
This merger would result in the transfer of IIGEC's 25 percent
ownership share in
[[Page 35055]]
Quad Cities Nuclear Power Station, Units 1 and 2, to MidAmerican. The
current stockholders of IIGEC and Midwest Resources, Inc. will become
stockholders of MidAmerican when the merger takes effect. IIGEC
requested the Commission's approval of the transfer of the ownership
interest it now holds, pursuant to 10 CFR 50.80. Notice of this request
for approval was published in the Federal Register on January 10, 1995
(60 FR 2615).
The transfer of Facility Operating License Nos. DPR-29 and DPR-30
is subject to the NPR's approval under 10 CFR 50.80(a). Upon review of
information submitted in the letter of November 21, 1994, and other
information before the Commission, the NRC staff has determined that
MidAmerican will be an electric utility as defined in 10 CFR 50.2 and,
consequently, as provided in 10 CFR 50.33(f), is not required to
provide information on financial qualifications for a license to
operate. The NRC staff concludes that MidAmerican is qualified to hold
the licenses to the extent and for the purposes that IIGEC is now
authorized to hold the licenses, and that the transfer, subject to the
conditions set forth herein, is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission.
These findings are supported by a Safety Evaluation dated June 20,1995.
III
By August 4, 1995, any person adversely affected by this Order may
file a request for a hearing with respect to issuance of the Order. Any
person requesting a hearing shall set forth with particularity how that
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.714(d), in the same manner as is more
fully discussed below regarding requests for hearing and petitions for
leave to intervene in connection with proposed license amendments.
If a hearing is to be held, the Commission will issue an Order
designating the time and place of such hearing.
If a hearing is held concerning this Order, the issue to be
considered at any such hearing shall be whether this Order should be
sustained.
Any request for a hearing must be filed with the Secretary of the
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
Attention: Docketing and Services Branch, or may be delivered to the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, by the above date. Copies should also be sent to
the Office of the General Counsel, and to the Director, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and to Michael I. Miller, Esquire, Sidley and
Austin, One First National Plaza, Chicago, Illinois 60603, attorney for
ComEd, and Sam Behrends, Esquire, LeBoeuf, Lamb, Greene & MacRae, 1875
Connecticut Avenue, NW., Washington, DC 2009-5728, attorney for IIGEC.
IV
Accordingly, pursuant to sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), 2234, and
10 CFR 50.80, IT IS HEREBY ORDERED that the Commission consents to the
proposed transfer of the licenses described herein from IIGEC to
MidAmerican subject to the following: (1) Approved amendments
describing MidAmerican as part owner of Quad Cities Nuclear Power
Station, Units 1 and 2, for Facility Operating License Nos. DPR-29 and
DPR-30, which when issued by the NRC, would become effective as of the
date of issuance; (2) should the transfer not be completed by August
30, 1995, this Order shall become null and void; and (3) on application
and for good cause shown, this Order may be extended for a short period
beyond August 30, 1995.
This Order is effective upon issuance.
V
Notice is hereby given that the Commission is considering the
issuance of amendments to the licenses described herein to reflect the
above transfer approved by the Commission. IIGEC stated in a letter
dated November 21, 1994, again as stated by ComEd in their letter dated
February 23, 1995, that the amendments are administrative in nature
only because (1) IIGEC holds a minority interest (25 percent) in the
facility, (2) ComEd is the sole operator of the facility, and (3)
MidAmerican, as successor in interest to IIGEC, will be committed under
the Ownership Agreement and the Operating Agreement to provide funds
necessary on a pro-rata basis for the safe operation, maintenance,
repair, decontamination, and decommissioning of the Quad Cities station
in conformance with NRC regulations, subject to the same obligations,
terms, and conditions that apply to IIGEC under the licenses. IIGEC
further stated that MidAmerican's ability to fund these costs will be
equal to, or greater than, that of IIGEC.
Before issuance of the proposed license amendments, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
The Commission has made a proposed determination that the proposed
amendments involve no significant hazards consideration. Under the
Commission's regulations in 10 CFR 50.92, operation of the facility in
accordance with the proposed amendments 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), ComEd has provided its analysis of the issue of no
significant hazards consideration. According to the licensee, the
proposed amendments would not:
1. Involve a significant increase in the probability or
consequences of an accident previously evaluated because:
The proposed changes are purely administrative in nature, and as
such do not affect any accident precursors or initiators. Therefore,
the proposed changes do not increase the probability of any
previously evaluated accident. Similarly, the proposed changes do
not affect any equipment or procedures used to mitigate the
consequences of an accident.
2. Create the possibility of a new or different kind of accident
from any accident previously evaluated because:
The proposed changes are administrative in nature and therefore
have no effect on the accident analyses or system operation.
Therefore, the possibility of a new or different kind of accident is
not created.
3. Involve a significant reduction in the margin of safety
because:
The proposed changes do not involve a relaxation of the criteria
used to establish safety limits, a relaxation of the bases for
limiting safety system settings, or a relaxation of the bases for
limiting conditions of operation. The proposed changes are
administrative in nature without consequence to the safety of the
plant. Therefore, the proposed changes do not impact the 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
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
[[Page 35056]]
Normally, the Commission will not issue the amendments 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 amendments before the expiration
of the 30-day notice period, provided that its final determination is
that the amendments involve 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 an
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 Rules Review and
Directives Branch, Division of Freedom of Information and Publications
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and should cite the publication date and page
number of this Federal Register notice. Written comments may also be
delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received may be examined at the NRC Public
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By August 4, 1995, any person whose interest may be affected by the
issuance of the amendments to the subject facility operating licenses
and who wishes to participate as a party 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 2.714, which is available at the
Commission's Public Document Room, the Gelman Building, 2120 L Street,
NW., Washington, DC, and at the local public document room located at
the Dixon Public Library, 221 Hennepin Avenue, Dixon, Illinois. If a
request for a hearing or a petition for leave to intervene is filed by
the above date, the Commission or an Atomic Safety and Licensing Board,
designated by the Commission or by the Chairman of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the designated Atomic Safety and Licensing Board
will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.714, 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
why intervention should be permitted with particular reference to the
following factors: (1) The nature of the petitioner's right under the
Act to be made party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any order which may be
entered in the proceeding on the petitioner's interest. The petition
should also identify the specific aspect(s) of the subject matter of
the proceeding as to which the petitioner wishes to intervene. Any
person who has filed a petition for leave to intervene or who has been
admitted as a party may amend the petition without requesting leave of
the Board up to 15 days prior to the first prehearing conference
scheduled in the proceeding, but such an amended petition must satisfy
the specificity requirements described above.
Not later than 15 days prior to the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene, which must include a list of the contentions
which are sought to be litigated in the matter. Each contention must
consist of a specific statement of the issue of law or fact to be
raised or controverted. In addition, the petitioner shall provide a
brief explanation of the bases of 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 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 Petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant
for the amendments on a material issue of law or fact. Contentions
shall be limited to matters within the scope of the amendments under
consideration. The contention must be one which, if proven, would
entitle the petitioner to relief. A petitioner who fails to file such a
supplement which satisfies 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, including the opportunity to present evidence and cross-
examine witnesses.
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 amendment request involves
no significant hazards consideration, the Commission may issue the
amendments and make them immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments.
If the final determination is that the amendment request involves a
significant hazards consideration, any hearing held would take place
before the issuance of any amendment.
A request for a hearing or a petition for leave to intervene must
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Docketing and Services
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, 2120 L Street NW., Washington, DC, by the above
date. Where petitions are filed during the last 10 days of the notice
period, it is requested that the petitioner promptly so inform the
Commission by a toll-free telephone call to Western Union at 1-(800)
248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator
should be given Datagram Identification Number N1023 and the following
message addressed to Mr. Robert A. Capra: petitioner's name and
telephone number, date petition was mailed, plant name, and publication
date and page number of this Federal Register notice. A copy of the
petition should also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and to Michael I.
Miller, Esquire, Sidley and Austin, One First National Plaza, Chicago,
IL 60603, attorney for ComEd, and Sam Behrends, Esquire, LeBoeuf, Lamb,
Greene & MacRae, 1875 Connecticut Avenue NW., Washington, DC 20009-
5728, attorney for IIGEC.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained
[[Page 35057]]
absent a determination by the Commission, the presiding officer or the
presiding Atomic Safety and Licensing Board that the petition and/or
request should be granted based upon a balancing of the factors
specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
Pursuant to 10 CFR 51.21, 51.32 and 51.35, an environmental
assessment and finding of no significant impact has been prepared and
published in the Federal Register on March 27, 1995 (60 FR 15799).
Accordingly, based upon the environmental assessment, the
Commission has determined that the issuance of these amendments will
not have a significant effect on the quality of the human environment.
For further details with respect to this action, see the
application for the transfer of licenses dated November 21, 1994, and
the application for amendments dated February 23, 1995, which are
available for public inspection at the Commission's Public Document
Room, the Gelman Building, 2120 L Street NW., Washington, DC, and at
the local public document room located at the Dixon Public Library, 221
Hennepin Avenue, Dixon, IL.
Dated at Rockville, Maryland, this 28th day of June 1995.
For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 95-16369 Filed 7-3-95; 8:45 am]
BILLING CODE 7590-01-M
