[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49800-49801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24274]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-282 and 50-306]
Northern States Power Company; Notice of Consideration of
Issuance of Amendment to Facility Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
DPR-42 and DPR-60, issued to Northern States Power Company (the
licensee), for operation of the Prairie Island Nuclear Generating
Plant, Units 1 and 2, located in Goodhue County, Minnesota.
The proposed amendments would allow the use of credit for soluble
boron in spent fuel pool criticality analyses and the relocation of the
spent fuel pool operating limits to the Core Operating Limits Report.
Prairie Island is requesting these license amendments as a lead plant
for the Westinghouse Owners Group.
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.
By October 23, 1996, the licensee may file a request for a hearing
with respect to issuance of the amendments to the subject facility
operating licenses and any person whose interest may be affected by
this proceeding and who wishes to participate as a party in the
proceeding 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 Minneapolis Public Library, Technology and
Science Department, 300 Nicollet Mall, Minneapolis, Minnesota 55401. If
a request for a hearing or 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 a 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 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. Petitioner must provide sufficient information
to show that a genuine dispute exists with the applicant on a material
issue of law or fact. Contentions shall be limited to matters within
the scope of the amendment 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.
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 20555-0001, 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 John Hannon: 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 20555-0001, and to Jay
Silberg, Esq., Shaw, Pittman, Potts, and Trowbridge, 2300 N Street,
NW., Washington, DC 20037, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained 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).
If a request for a hearing is received, the Commission's staff may
issue the amendments after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendments dated July 28, 1995, which is available for
public inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street,
[[Page 49801]]
NW., Washington, DC, and at the local public document room located at
the Minneapolis Public Library, Technology and Science Department, 300
Nicollet Mall, Minneapolis, Minnesota 55401.
Dated at Rockville, Maryland, this day of September.
For the Nuclear Regulatory Commission.
Beth A. Wetzel,
Project Manager, Project Directorate III-1, Division of Reactor
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-24274 Filed 9-20-96; 8:45 am]
BILLING CODE 7590-01-P
