ML083500089

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Prairie Island, 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  Xcel Energy icon.png
Issue date: 06/17/2008
From: Lee S S
Division of License Renewal
To:
References
73FR34335
Download: ML083500089 (3)


Text

34335 Federal Register/Vol. 73, No. 117/Tuesday, June 17, 2008/Notices Since its creation, the Commission has undertaken a comprehensive legal

and factual study of the penological, physical, mental, medical, social and

economic impacts of prison sexual

abuse on federal, state and local

government functions and on the

communities and social institutions in

which they operate.

Upon completion of its study, the Commission will report its findings, conclusions and recommendations to

the President, Congress, the U.S.

Attorney General and other federal and

state officials. As a key component of its

report, the Commission will include the

statutorily required zero-tolerance

standards.

This notice is to announce the release of Draft Standards for the Prevention, Detection, Response, and Monitoring of

Sexual Abuse in Lockups, Juvenile and

Community Corrections Facilities, for a

public comment period of 45 days.

Written comments about these draft

standards are invited from the public, as

well as affected agencies and

organizations.

These drafts can be accessed and downloaded from the NPREC Web site:

http://www.nprec.us.

Hard copies of the NPREC draft standards are available by

mailing a request to the NPREC address, by telephoning (202) 233 1090, or by e-mail at nprec@nprec.us.

Dated: June 11, 2008.

Margaret M. Chiara, General Counsel, National Prison Rape Elimination Commission.

[FR Doc. E8 13545 Filed 6 1608; 8:45 am]

BILLING CODE 4410 P NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50

-282 and 50

-306] Nuclear Management Company, LLC, Prairie Island Nuclear Generating

Plant, Units 1 and 2; Notice of

Acceptance for Docketing of the

Application and Notice of Opportunity

for Hearing Regarding Renewal of

Facility Operating License Nos. DPR

- 42 and DPR

-60 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC or the Commission)

is considering an application for the

renewal of Operating License Nos. DPR 42 and DPR 60, which authorize Nuclear Management Company (NMC),

to operate Prairie Island Nuclear

Generating Plant, Units 1 and 2, respectively, at 1650 megawatts thermal

for each unit. The renewed licenses

would authorize the applicant to operate Units 1 and 2, for an additional 20 years beyond the period specified in

the current licenses. The current

operating licenses for Units 1 and 2, expire on August 09, 2013, and October

29, 2014, respectively.

NMC submitted the application dated April 11, 2008 and supplemented May

16, 2008, pursuant to Title 10 of the

Code of Federal Regulations CFR Part 54 (10 CFR Part 54), to renew Operating

License Nos. DPR 42 and DPR 60 for Prairie Island Nuclear Generating Plant, Units 1 and 2, respectively. A Notice of

Receipt and Availability of the license

renewal application (LRA) was

published in the Federal Register on May 6, 2008 (73 FR 25034) as corrected

on May 27, 2008 (73 FR 30423).

The Commission s staff has determined that NMC has submitted

sufficient information in accordance

with 10 CFR sections 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c) to

enable the staff to undertake a review of

the application, and the application is

therefore acceptable for docketing. The

current Docket Nos. 50 282 and 50 306 for Operating License Nos. DPR 42 and DPR60, respectively, will be retained.

The determination to accept the license

renewal application for docketing does

not constitute a determination that a

renewed license should be issued, and

does not preclude the NRC staff from

requesting additional information as the

review proceeds.

Before issuance of each requested renewed license, the NRC will have

made the findings required by the

Atomic Energy Act of 1954 (the Act), as

amended, and the Commission s rules and regulations. In accordance with 10

CFR 54.29, the NRC may issue a

renewed license on the basis of its

review if it finds that actions have been

identified and have been, or will be, taken with respect to: (1) Managing the

effects of aging during the period of

extended operation on the functionality

of structures and components that have

been identified as requiring aging management review; and (2) time-

limited aging analyses that have been

identified as requiring review, such that

there is reasonable assurance that the

activities authorized by the renewed

license will continue to be conducted in

accordance with the current licensing

basis (CLB), and that any changes made

to the plant s CLB in order to comply with 10 CFR 54.29(a) are in accord with

the Act and the Commission s regulations.

Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an

environmental impact statement that is

a supplement to the Commission s NUREG1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants, dated May 1996. In considering the LRA, the

Commission must find that the

applicable requirements of Subpart A of

10 CFR Part 51 have been satisfied.

Pursuant to 10 CFR 51.26, and as part

of the environmental scoping process, the staff intends to hold a public

scoping meeting. The notice of intent

will be the subject of a separate Federal Register notice. Within 60 days after the date of publication of this Federal Register Notice, 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 or a petition for leave to

intervene with respect to the renewal of

the license. Requests for a hearing or

petitions for leave to intervene must 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 2.309, which is available at the Commission s Public Document Room (PDR), located

at One White Flint North, 11555

Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from

the NRCs Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading

Room on the Internet at http:// www.nrc.gov/reading-rm/adams.html.

Persons who do not have access to

ADAMS or who encounter problems in

accessing the documents located in

ADAMS should contact the NRC s PDR Reference staff by telephone at 1 800 3974209 or 301 4154737, or by e-mail at pdr@nrc.gov.

If a request for a hearing/petition for leave to intervene is

filed within the 60-day period, the

Commission, presiding officer, or the

designated Atomic Safety and Licensing

Board will rule on the request and/or

petition. In the event that no request for

a hearing or petition for leave to

intervene is filed within the 60-day

period, the NRC may, upon completion

of its evaluations and upon making the

findings required under 10 CFR Parts 51

and 54, renew the license without

further notice.

As required by 10 CFR 2.309, 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, taking into

consideration the limited scope of

matters that may be considered

pursuant to 10 CFR Parts 51 and 54. The

petition must specifically explain the reasons why intervention should be

permitted with particular reference to VerDate Aug<31>2005 16:10 Jun 16, 2008Jkt 214001PO 00000Frm 00090Fmt 4703Sfmt 4703E:\FR\FM\17JNN1.SGM17JNN1 jlentini on PROD1PC65 with NOTICES 34336 Federal Register/Vol. 73, No. 117/Tuesday, June 17, 2008/Notices the following factors: (1) The nature of the requestor s/petitioner s right under the Act to be made a party to the

proceeding; (2) the nature and extent of

the requestor s/petitioner s property, financial, or other interest in the

proceeding; and (3) the possible effect of

any decision or order which may be

entered in the proceeding on the

requestors/petitioner s interest. The petition must also set forth the specific

contentions which the petitioner/

requestor seeks to have litigated in the

proceeding.

Each contention must consist of a specific statement of the issue of law or

fact to be raised or controverted. In

addition, the requestor/petitioner shall

provide a brief explanation of the bases

of each contention and a concise

statement of the alleged facts or the

expert opinion that supports the

contention on which the requestor/

petitioner intends to rely in proving the

contention at the hearing. The

requestor/petitioner must also provide

references to those specific sources and

documents of which the requestor/

petitioner is aware and on which the

requestor/petitioner intends to rely to

establish those facts or expert opinion.

The requestor/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 action

under consideration. The contention

must be one that, if proven, would

entitle the requestor/petitioner to relief.

A requestor/petitioner who fails to

satisfy these requirements with respect to at least one contention will not be

permitted to participate as a party.

The Commission requests that each contention be given a separate numeric

or alphabetic designation within one of

the following groups: (1) Technical (primarily related to safety concerns);

(2) environmental; or (3) miscellaneous.

As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to

co-sponsor a contention or propose

substantially the same contention, the

requestors/petitioners will be required

to jointly designate a representative who

shall have the authority to act for the

requestors/petitioners with respect to

that contention.

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. All documents filed in NRC adjudicatory proceedings, including a

request for hearing, a petition for leave

to intervene, any motion or other document filed in the proceeding prior to the submission of a request for

hearing or petition to intervene, and

documents filed by interested

governmental entities participating

under 10 CFR 2.315(c), must be filed in

accordance with the NRC E-Filing rule, which the NRC promulgated in August

2007, 72 FR 49139 (Aug. 28, 2007). 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. Participants may not

submit paper copies of their filings

unless they seek a waiver in accordance

with the procedures described below.

To comply with the procedural requirements of E Filing, at least ten (10) days prior to the filing deadline, the

petitioner/requestor should contact the

Office of the Secretary by e-mail at

HEARINGDOCKET@NRC.GOV , or by calling (301) 415 1677, to request (1) a digital ID certificate, which allows the

participant (or its counsel or

representative) to digitally sign

documents and access the E Submittal server for any proceeding in which it is

participating; and/or (2) creation of an

electronic docket for the proceeding (even in instances in which the

petitioner/requestor (or its counsel or

representative) already holds an NRC-

issued digital ID certificate). Each

petitioner/ requestor will need to

download the Workplace Forms

Viewer TM to access the Electronic Information Exchange (EIE), a

component of the E-Filing system. The

Workplace Forms Viewer TM is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html.

Information about applying for a digital

ID certificate is available on NRC s public Web site at http://www.nrc.gov/

site-help/e-submittals/apply-

certificates.html.

Once a petitioner/requestor has obtained a digital ID certificate, had a

docket created, and downloaded the EIE

viewer, it can then submit a request for

hearing or petition for leave to

intervene. Submissions should be in

Portable Document Format (PDF) in

accordance with NRC guidance

available on the NRC public Web site at

http://www.nrc.gov/site-help/e-

submittals.html. A filing is considered complete at the time the filer submits its

documents through EIE. To be timely, an electronic filing must be submitted to

the EIE system no later than 11:59 p.m.

Eastern Time on the due date. Upon

receipt of a transmission, the E-Filing

system time-stamps the document and

sends the submitter an e-mail notice confirming receipt of the document. The

EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those

participants separately. Therefore, applicants and other participants (or

their counsel or representative) must

apply for and receive a digital ID

certificate before a hearing request/

petition to intervene is filed so that they

can obtain access to the document via

the EFiling system.

A person filing electronically may seek assistance through the Contact Us link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, which is available

between 8:30 a.m. and 4:15 p.m.,

Eastern Time, Monday through Friday.

The help line number is (800) 397 4209 or locally, (301) 415 4737. Participants who believe that they have a good cause for not submitting

documents electronically must submit

an exemption request, in accordance

with 10 CFR 2.302(g), with their initial

paper filing requesting authorization to

continue to submit documents in paper

format. Such filings must be submitted

by: (1) First class mail addressed to the

Office of the Secretary of the

Commission, U.S. Nuclear Regulatory

Commission, Washington, DC 20555 0001, Attention: Rulemaking and

Adjudications Staff; or (2) courier, express mail, or expedited delivery

service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention:

Rulemaking and Adjudications Staff.

Participants filing a document in this

manner are responsible for serving the

document on all other participants.

Filing is considered complete by first-

class mail as of the time of deposit in

the mail, or by courier, express mail, or expedited delivery service upon

depositing the document with the

provider of the service.

Non-timely requests and/or petitions and contentions will not be entertained

absent a determination by the

Commission, the presiding officer, or

the Atomic Safety and Licensing Board

that the petition and/or request should

be granted and/or the contentions

should be admitted based on a

balancing of the factors specified in 10

CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than

11:59 p.m. Eastern Time on the due

date. Documents submitted in adjudicatory proceedings will appear in NRC s VerDate Aug<31>2005 16:10 Jun 16, 2008Jkt 214001PO 00000Frm 00091Fmt 4703Sfmt 4703E:\FR\FM\17JNN1.SGM17JNN1 jlentini on PROD1PC65 with NOTICES 34337 Federal Register/Vol. 73, No. 117/Tuesday, June 17, 2008/Notices electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHDProceeding/home.asp , unless excluded pursuant to an order of

the Commission, an Atomic Safety and

Licensing Board, or a Presiding Officer.

Participants are requested not to include

personal privacy information, such as

social security numbers, home

addresses, or home phone numbers in

their filings. 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 are requested

not to include copyrighted materials in

their submission.

Detailed information about the license renewal process can be found under the

Nuclear Reactors icon at http:// www.nrc.gov/reactors/operating/

licensing/renewal.html on the NRC s Web site. Copies of the application to

renew the operating licenses for Prairie

Island Nuclear Generating Plant, Units 1

and 2, are available for public

inspection at the Commission s PDR, located at One White Flint North, 11555

Rockville Pike (first floor), Rockville, Maryland 20852, and at http:// www.nrc.gov/reactors/operating/

licensing/renewal/applications.html, the NRCs Web site while the application is under review.

The application may be accessed in ADAMS through the NRC s Public Electronic Reading Room on the Internet

at http://www.nrc.gov/reading-rm/

adams.html under ADAMS Accession Number ML081130663. As stated above, persons who do not have access to

ADAMS or who encounter problems in

accessing the documents located in

ADAMS may contact the NRC PDR

Reference staff by telephone at 1 800 3974209 or 301 4154737, or by e-mail to pdr@nrc.gov.

The NRC staff has verified that a copy of the LRA is also available to local

residents near Prairie Island Nuclear

Generating Plant, Units 1 and 2, at the

Red Wing Public Library, 225 East

Avenue, Red Wing, MN 55066.

Attorney for Nuclear Management Company (NMC) LLC, Mr. Peter M.

Glass, Assistant General Counsel, Xcel

Energy, 414 Nicollet Mall, Minneapolis, MN 55401.

Dated at Rockville, Maryland, this 10th day of June, 2008.

For the Nuclear Regulatory Commission, Samson Lee, Acting Director, Division of License Renewal, Office of Nuclear Reactor Regulation.

[FR Doc. E8 13588 Filed 6 1608; 8:45 am]

BILLING CODE 7590 P NUCLEAR REGULATORY COMMISSION Biweekly Notice Applications and Amendments to Facility Operating

Licenses Involving No Significant

Hazards Considerations I. Background Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory

Commission (the Commission or NRC

staff) is publishing this regular biweekly

notice. The Act requires the

Commission publish notice of any

amendments issued, or proposed to be

issued and grants the Commission the

authority to issue and make

immediately effective any amendment to an operating license upon a

determination by the Commission that

such amendment involves no significant

hazards consideration, notwithstanding

the pendency before the Commission of

a request for a hearing from any person.

This biweekly notice includes all notices of amendments issued, or

proposed to be issued from May 22, 2008 to June 4, 2008. The last biweekly

notice was published on June 3, 2008

(73 FR 31717).

Notice of Consideration of Issuance of Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the

following amendment requests involve

no significant hazards consideration.

Under the Commission 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. The basis for this

proposed determination for each

amendment request is shown below.

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.

Normally, the Commission will not issue the amendment until the

expiration of 60 days after the date of

publication of this notice. The

Commission may issue the license

amendment before expiration of the 60-day period provided that its final determination is that the amendment

involves no significant hazards

consideration. In addition, the

Commission may issue the amendment

prior to the expiration of the 30-day

comment period should circumstances

change during the 30-day comment

period such that failure to act in a

timely way would result, for example in

derating or shutdown of the facility.

Should the Commission take action

prior to the expiration of either the

comment period or the notice period, it

will publish in the Federal Register a notice of issuance. Should the

Commission make a final No Significant

Hazards Consideration Determination, any hearing will take place 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 Chief, Rulemaking, Directives and Editing Branch, Division

of Administrative Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555 0001, and should cite the publication

date and page number of this Federal Register notice. Written comments may also be delivered to Room 6D44, 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 Commission s Public Document Room (PDR), located

at One White Flint North, Public File

Area O1F21, 11555 Rockville Pike (first

floor), Rockville, Maryland. The filing of

requests for a hearing and petitions for

leave to intervene is discussed below.

Within 60 days after the date of publication of this notice, person(s) may

file a request for a hearing with respect

to issuance of the amendment to the

subject facility operating license 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

via electronic submission through the

NRC E-Filing system 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 person(s) should consult a

current copy of 10 CFR 2.309, which is

available at the Commission s PDR, located at One White Flint North, Public

File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.

Publicly available records will be accessible from the Agencywide

Documents Access and Management VerDate Aug<31>2005 16:10 Jun 16, 2008Jkt 214001PO 00000Frm 00092Fmt 4703Sfmt 4703E:\FR\FM\17JNN1.SGM17JNN1 jlentini on PROD1PC65 with NOTICES