ML083500089

FRN - Notice of Acceptance for Docketing of Application and Notice of Opportunity for Hearing Re Renewal of License - 73 Fr 34335

ML083500089
Person / Time
Site:	Prairie Island
Issue date:	06/17/2008
From:	Samson Lee Division of License Renewal
To:
References
73FR34335
Download: ML083500089 (3)

Text

Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices 34335 Since its creation, the Commission operate Units 1 and 2, for an additional Impact Statement for License Renewal has undertaken a comprehensive legal 20 years beyond the period specified in of Nuclear Power Plants, dated May and factual study of the penological, the current licenses. The current 1996. In considering the LRA, the physical, mental, medical, social and operating licenses for Units 1 and 2, Commission must find that the economic impacts of prison sexual expire on August 09, 2013, and October applicable requirements of Subpart A of abuse on federal, state and local 29, 2014, respectively. 10 CFR Part 51 have been satisfied.

government functions and on the NMC submitted the application dated Pursuant to 10 CFR 51.26, and as part communities and social institutions in April 11, 2008 and supplemented May of the environmental scoping process, which they operate. 16, 2008, pursuant to Title 10 of the the staff intends to hold a public Upon completion of its study, the Code of Federal Regulations CFR Part 54 scoping meeting. The notice of intent Commission will report its findings, (10 CFR Part 54), to renew Operating will be the subject of a separate Federal conclusions and recommendations to License Nos. DPR-42 and DPR-60 for Register notice.

the President, Congress, the U.S. Prairie Island Nuclear Generating Plant, Within 60 days after the date of Attorney General and other federal and Units 1 and 2, respectively. A Notice of publication of this Federal Register state officials. As a key component of its Receipt and Availability of the license Notice, any person whose interest may report, the Commission will include the renewal application (LRA) was be affected by this proceeding and who statutorily required zero-tolerance published in the Federal Register on wishes to participate as a party in the standards. May 6, 2008 (73 FR 25034) as corrected proceeding must file a written request This notice is to announce the release on May 27, 2008 (73 FR 30423). for a hearing or a petition for leave to of Draft Standards for the Prevention, The Commissions staff has intervene with respect to the renewal of Detection, Response, and Monitoring of determined that NMC has submitted the license. Requests for a hearing or Sexual Abuse in Lockups, Juvenile and sufficient information in accordance petitions for leave to intervene must be Community Corrections Facilities, for a with 10 CFR sections 54.19, 54.21, filed in accordance with the public comment period of 45 days. 54.22, 54.23, 51.45, and 51.53(c) to Commissions Rules of Practice for Written comments about these draft enable the staff to undertake a review of Domestic Licensing Proceedings in 10 standards are invited from the public, as the application, and the application is CFR Part 2. Interested persons should well as affected agencies and therefore acceptable for docketing. The consult a current copy of 10 CFR 2.309, organizations. current Docket Nos. 50-282 and 50-306 which is available at the Commissions These drafts can be accessed and for Operating License Nos. DPR-42 and Public Document Room (PDR), located downloaded from the NPREC Web site: DPR-60, respectively, will be retained. at One White Flint North, 11555 http://www.nprec.us. Hard copies of the The determination to accept the license Rockville Pike (first floor), Rockville, NPREC draft standards are available by renewal application for docketing does Maryland 20852 and is accessible from mailing a request to the NPREC address, not constitute a determination that a the NRCs Agencywide Documents by telephoning (202) 233-1090, or by e- renewed license should be issued, and Access and Management System mail at nprec@nprec.us. does not preclude the NRC staff from (ADAMS) Public Electronic Reading requesting additional information as the Room on the Internet at http://

Dated: June 11, 2008.

review proceeds. www.nrc.gov/reading-rm/adams.html.

Margaret M. Chiara, Before issuance of each requested Persons who do not have access to General Counsel, National Prison Rape renewed license, the NRC will have ADAMS or who encounter problems in Elimination Commission. made the findings required by the accessing the documents located in

[FR Doc. E8-13545 Filed 6-16-08; 8:45 am] Atomic Energy Act of 1954 (the Act), as ADAMS should contact the NRCs PDR BILLING CODE 4410-18-P amended, and the Commissions rules Reference staff by telephone at 1-800-and regulations. In accordance with 10 397-4209 or 301-415-4737, or by e-mail CFR 54.29, the NRC may issue a at pdr@nrc.gov. If a request for a NUCLEAR REGULATORY renewed license on the basis of its hearing/petition for leave to intervene is COMMISSION review if it finds that actions have been filed within the 60-day period, the identified and have been, or will be, Commission, presiding officer, or the

[Docket Nos. 50-282 and 50-306]

taken with respect to: (1) Managing the designated Atomic Safety and Licensing Nuclear Management Company, LLC, effects of aging during the period of Board will rule on the request and/or Prairie Island Nuclear Generating extended operation on the functionality petition. In the event that no request for Plant, Units 1 and 2; Notice of of structures and components that have a hearing or petition for leave to Acceptance for Docketing of the been identified as requiring aging intervene is filed within the 60-day Application and Notice of Opportunity management review; and (2) time- period, the NRC may, upon completion for Hearing Regarding Renewal of limited aging analyses that have been of its evaluations and upon making the Facility Operating License Nos. DPR- identified as requiring review, such that findings required under 10 CFR Parts 51 42 and DPR-60 for an Additional 20- there is reasonable assurance that the and 54, renew the license without Year Period activities authorized by the renewed further notice.

license will continue to be conducted in As required by 10 CFR 2.309, a The U.S. Nuclear Regulatory accordance with the current licensing petition for leave to intervene shall set Commission (NRC or the Commission) basis (CLB), and that any changes made forth with particularity the interest of is considering an application for the to the plants CLB in order to comply the petitioner in the proceeding, and renewal of Operating License Nos. DPR- with 10 CFR 54.29(a) are in accord with how that interest may be affected by the 42 and DPR-60, which authorize the Act and the Commissions results of the proceeding, taking into Nuclear Management Company (NMC), regulations. consideration the limited scope of jlentini on PROD1PC65 with NOTICES to operate Prairie Island Nuclear Additionally, in accordance with 10 matters that may be considered Generating Plant, Units 1 and 2, CFR 51.95(c), the NRC will prepare an pursuant to 10 CFR Parts 51 and 54. The respectively, at 1650 megawatts thermal environmental impact statement that is petition must specifically explain the for each unit. The renewed licenses a supplement to the Commissions reasons why intervention should be would authorize the applicant to NUREG-1437, Generic Environmental permitted with particular reference to VerDate Aug<31>2005 16:10 Jun 16, 2008 Jkt 214001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1

34336 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices the following factors: (1) The nature of document filed in the proceeding prior notice that provides access to the the requestors/petitioners right under to the submission of a request for document to the NRC Office of the the Act to be made a party to the hearing or petition to intervene, and General Counsel and any others who proceeding; (2) the nature and extent of documents filed by interested have advised the Office of the Secretary the requestors/petitioners property, governmental entities participating that they wish to participate in the financial, or other interest in the under 10 CFR 2.315(c), must be filed in proceeding, so that the filer need not proceeding; and (3) the possible effect of accordance with the NRC E-Filing rule, serve the documents on those any decision or order which may be which the NRC promulgated in August participants separately. Therefore, entered in the proceeding on the 2007, 72 FR 49139 (Aug. 28, 2007). The applicants and other participants (or requestors/petitioners interest. The E-Filing process requires participants to their counsel or representative) must petition must also set forth the specific submit and serve all adjudicatory apply for and receive a digital ID contentions which the petitioner/ documents over the internet, or in some certificate before a hearing request/

requestor seeks to have litigated in the cases to mail copies on electronic petition to intervene is filed so that they proceeding. storage media. Participants may not can obtain access to the document via Each contention must consist of a submit paper copies of their filings the E-Filing system.

specific statement of the issue of law or unless they seek a waiver in accordance A person filing electronically may fact to be raised or controverted. In with the procedures described below. seek assistance through the Contact addition, the requestor/petitioner shall To comply with the procedural Us link located on the NRC Web site provide a brief explanation of the bases requirements of E-Filing, at least ten at http://www.nrc.gov/site-help/e-of each contention and a concise (10) days prior to the filing deadline, the submittals.html or by calling the NRC statement of the alleged facts or the petitioner/requestor should contact the technical help line, which is available expert opinion that supports the Office of the Secretary by e-mail at between 8:30 a.m. and 4:15 p.m.,

contention on which the requestor/ HEARINGDOCKET@NRC.GOV, or by Eastern Time, Monday through Friday.

petitioner intends to rely in proving the calling (301) 415-1677, to request (1) a The help line number is (800) 397-4209 contention at the hearing. The digital ID certificate, which allows the or locally, (301) 415-4737.

requestor/petitioner must also provide participant (or its counsel or Participants who believe that they references to those specific sources and representative) to digitally sign have a good cause for not submitting documents of which the requestor/ documents and access the E-Submittal documents electronically must submit petitioner is aware and on which the server for any proceeding in which it is an exemption request, in accordance requestor/petitioner intends to rely to participating; and/or (2) creation of an with 10 CFR 2.302(g), with their initial establish those facts or expert opinion. electronic docket for the proceeding paper filing requesting authorization to The requestor/petitioner must provide (even in instances in which the continue to submit documents in paper sufficient information to show that a petitioner/requestor (or its counsel or format. Such filings must be submitted genuine dispute exists with the representative) already holds an NRC- by: (1) First class mail addressed to the applicant on a material issue of law or issued digital ID certificate). Each Office of the Secretary of the fact. Contentions shall be limited to petitioner/ requestor will need to Commission, U.S. Nuclear Regulatory matters within the scope of the action download the Workplace Forms Commission, Washington, DC 20555-under consideration. The contention ViewerTM to access the Electronic 0001, Attention: Rulemaking and must be one that, if proven, would Information Exchange (EIE), a Adjudications Staff; or (2) courier, entitle the requestor/petitioner to relief. component of the E-Filing system. The express mail, or expedited delivery A requestor/petitioner who fails to Workplace Forms ViewerTM is free and service to the Office of the Secretary, satisfy these requirements with respect is available at http://www.nrc.gov/site- Sixteenth Floor, One White Flint North, to at least one contention will not be help/e-submittals/install-viewer.html. 11555 Rockville Pike, Rockville, permitted to participate as a party. Information about applying for a digital Maryland, 20852, Attention:

The Commission requests that each ID certificate is available on NRCs Rulemaking and Adjudications Staff.

contention be given a separate numeric public Web site at http://www.nrc.gov/ Participants filing a document in this or alphabetic designation within one of site-help/e-submittals/apply- manner are responsible for serving the the following groups: (1) Technical certificates.html. document on all other participants.

(primarily related to safety concerns); Once a petitioner/requestor has Filing is considered complete by first-(2) environmental; or (3) miscellaneous. obtained a digital ID certificate, had a class mail as of the time of deposit in As specified in 10 CFR 2.309, if two docket created, and downloaded the EIE the mail, or by courier, express mail, or or more requestors/petitioners seek to viewer, it can then submit a request for expedited delivery service upon co-sponsor a contention or propose hearing or petition for leave to depositing the document with the substantially the same contention, the intervene. Submissions should be in provider of the service.

requestors/petitioners will be required Portable Document Format (PDF) in Non-timely requests and/or petitions to jointly designate a representative who accordance with NRC guidance and contentions will not be entertained shall have the authority to act for the available on the NRC public Web site at absent a determination by the requestors/petitioners with respect to http://www.nrc.gov/site-help/e- Commission, the presiding officer, or that contention. submittals.html. A filing is considered the Atomic Safety and Licensing Board Those permitted to intervene become complete at the time the filer submits its that the petition and/or request should parties to the proceeding, subject to any documents through EIE. To be timely, be granted and/or the contentions limitations in the order granting leave to an electronic filing must be submitted to should be admitted based on a intervene, and have the opportunity to the EIE system no later than 11:59 p.m. balancing of the factors specified in 10 participate fully in the conduct of the Eastern Time on the due date. Upon CFR 2.309(c)(1)(i)-(viii). To be timely, jlentini on PROD1PC65 with NOTICES hearing. receipt of a transmission, the E-Filing filings must be submitted no later than All documents filed in NRC system time-stamps the document and 11:59 p.m. Eastern Time on the due adjudicatory proceedings, including a sends the submitter an e-mail notice date.

request for hearing, a petition for leave confirming receipt of the document. The Documents submitted in adjudicatory to intervene, any motion or other EIE system also distributes an e-mail proceedings will appear in NRCs VerDate Aug<31>2005 16:10 Jun 16, 2008 Jkt 214001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1

Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices 34337 electronic hearing docket which is NUCLEAR REGULATORY day period provided that its final available to the public at http:// COMMISSION determination is that the amendment ehd.nrc.gov/EHD_Proceeding/home.asp, involves no significant hazards unless excluded pursuant to an order of Biweekly Notice Applications and consideration. In addition, the the Commission, an Atomic Safety and Amendments to Facility Operating Commission may issue the amendment Licensing Board, or a Presiding Officer. Licenses Involving No Significant prior to the expiration of the 30-day Participants are requested not to include Hazards Considerations comment period should circumstances personal privacy information, such as change during the 30-day comment I. Background social security numbers, home period such that failure to act in a addresses, or home phone numbers in Pursuant to section 189a. (2) of the timely way would result, for example in their filings. With respect to copyrighted Atomic Energy Act of 1954, as amended derating or shutdown of the facility.

works, except for limited excerpts that (the Act), the U.S. Nuclear Regulatory Should the Commission take action serve the purpose of the adjudicatory Commission (the Commission or NRC prior to the expiration of either the filings and would constitute a Fair Use staff) is publishing this regular biweekly comment period or the notice period, it application, Participants are requested notice. The Act requires the will publish in the Federal Register a not to include copyrighted materials in Commission publish notice of any notice of issuance. Should the their submission. amendments issued, or proposed to be Commission make a final No Significant issued and grants the Commission the Hazards Consideration Determination, Detailed information about the license authority to issue and make any hearing will take place after renewal process can be found under the immediately effective any amendment issuance. The Commission expects that Nuclear Reactors icon at http:// to an operating license upon a the need to take this action will occur www.nrc.gov/reactors/operating/ determination by the Commission that very infrequently.

licensing/renewal.html on the NRCs such amendment involves no significant Written comments may be submitted Web site. Copies of the application to hazards consideration, notwithstanding by mail to the Chief, Rulemaking, renew the operating licenses for Prairie the pendency before the Commission of Directives and Editing Branch, Division Island Nuclear Generating Plant, Units 1 a request for a hearing from any person. of Administrative Services, Office of and 2, are available for public This biweekly notice includes all Administration, U.S. Nuclear Regulatory inspection at the Commissions PDR, notices of amendments issued, or Commission, Washington, DC 20555-located at One White Flint North, 11555 proposed to be issued from May 22, 0001, and should cite the publication Rockville Pike (first floor), Rockville, 2008 to June 4, 2008. The last biweekly date and page number of this Federal Maryland 20852, and at http:// notice was published on June 3, 2008 Register notice. Written comments may www.nrc.gov/reactors/operating/ (73 FR 31717). also be delivered to Room 6D44, Two licensing/renewal/applications.html, the White Flint North, 11545 Rockville NRCs Web site while the application is Notice of Consideration of Issuance of Amendments to Facility Operating Pike, Rockville, Maryland, from 7:30 under review. a.m. to 4:15 p.m. Federal workdays.

Licenses, Proposed No Significant The application may be accessed in Copies of written comments received Hazards Consideration Determination, ADAMS through the NRCs Public may be examined at the Commissions and Opportunity for a Hearing Electronic Reading Room on the Internet Public Document Room (PDR), located at http://www.nrc.gov/reading-rm/ The Commission has made a at One White Flint North, Public File adams.html under ADAMS Accession proposed determination that the Area O1F21, 11555 Rockville Pike (first Number ML081130663. As stated above, following amendment requests involve floor), Rockville, Maryland. The filing of persons who do not have access to no significant hazards consideration. requests for a hearing and petitions for ADAMS or who encounter problems in Under the Commissions regulations in leave to intervene is discussed below.

accessing the documents located in 10 CFR 50.92, this means that operation Within 60 days after the date of ADAMS may contact the NRC PDR of the facility in accordance with the publication of this notice, person(s) may Reference staff by telephone at 1-800- proposed amendment would not (1) file a request for a hearing with respect 397-4209 or 301-415-4737, or by e-mail involve a significant increase in the to issuance of the amendment to the to pdr@nrc.gov. probability or consequences of an subject facility operating license and accident previously evaluated; or (2) any person whose interest may be The NRC staff has verified that a copy create the possibility of a new or affected by this proceeding and who of the LRA is also available to local different kind of accident from any wishes to participate as a party in the residents near Prairie Island Nuclear accident previously evaluated; or (3) proceeding must file a written request Generating Plant, Units 1 and 2, at the involve a significant reduction in a via electronic submission through the Red Wing Public Library, 225 East margin of safety. The basis for this NRC E-Filing system for a hearing and Avenue, Red Wing, MN 55066. proposed determination for each a petition for leave to intervene.

Attorney for Nuclear Management amendment request is shown below. Requests for a hearing and a petition for Company (NMC) LLC, Mr. Peter M. The Commission is seeking public leave to intervene shall be filed in Glass, Assistant General Counsel, Xcel comments on this proposed accordance with the Commissions Energy, 414 Nicollet Mall, Minneapolis, determination. Any comments received Rules of Practice for Domestic MN 55401. within 30 days after the date of Licensing Proceedings in 10 CFR part Dated at Rockville, Maryland, this 10th day publication of this notice will be 2. Interested person(s) should consult a of June, 2008. considered in making any final current copy of 10 CFR 2.309, which is determination. available at the Commissions PDR, For the Nuclear Regulatory Commission, Normally, the Commission will not located at One White Flint North, Public jlentini on PROD1PC65 with NOTICES Samson Lee, issue the amendment until the File Area 01F21, 11555 Rockville Pike Acting Director, Division of License Renewal, expiration of 60 days after the date of (first floor), Rockville, Maryland.

Office of Nuclear Reactor Regulation. publication of this notice. The Publicly available records will be

[FR Doc. E8-13588 Filed 6-16-08; 8:45 am] Commission may issue the license accessible from the Agencywide BILLING CODE 7590-01-P amendment before expiration of the 60- Documents Access and Management VerDate Aug<31>2005 16:10 Jun 16, 2008 Jkt 214001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1