Nuclear Management Company, LLC; Monticello Nuclear Generating Plant (MNGP); Notice of Consideration of Approval of Transfer of Renewed Facility Operating License and Conforming Amendment, and Opportunity for a Hearing, 32057-32058 [E8-12578]

Download as PDF Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices For the Nuclear Regulatory Commission. Mahesh Chawla, Project Manager, Plant Licensing Branch III– 1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8–12576 Filed 6–4–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–263] yshivers on PROD1PC62 with NOTICES Nuclear Management Company, LLC; Monticello Nuclear Generating Plant (MNGP); Notice of Consideration of Approval of Transfer of Renewed Facility Operating License and Conforming Amendment, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the direct transfer of the Renewed Facility Operating License No. DPR–22 (the license) for the Monticello Nuclear Generating Plant (MNGP) to the extent currently held by Nuclear Management Company, LLC (NMC), as operator of MNGP. The transfer would be to Northern States Power Company (NSPM), an Xcel Energy company, and current licensed owner of MNGP. The Commission is also considering amending the license for administrative purposes to reflect the proposed transfer. According to an application for approval dated April 16, 2008, filed by NMC, NSPM would acquire operating authority of the facility following approval of the proposed license transfer, and would be responsible for the operation and maintenance of MNGP. NMC will be integrated into the current NSPM organization which would combine the ownership and operating authority into a single organization. No physical changes to the MNGP facility or operational changes are being proposed in the application. The proposed amendment would delete references to NMC, and to authorize NSPM to operate MNGP, and to receive, possess, or use related licensed materials under the applicable conditions and authorizations included in the license. This request to transfer operating authority and the conforming license amendment involve no change in plant ownership. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 give its consent in writing. The Commission will approve an application for the direct transfer of a license, if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. Before issuance of the proposed conforming license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. As provided in 10 CFR 2.1315, unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility, which does no more than conform the license to reflect the transfer action involves no significant hazards consideration. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission’s action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission’s rules of practice set forth in Subpart C ‘‘Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,’’ of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)–(viii). PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 32057 A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve 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 must 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 NRCissued digital ID certificate). Each petitioner/ requestor will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at http://www.nrc.gov/sitehelp/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/applycertificates.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 website at http://www.nrc.gov/site-help/esubmittals.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 E:\FR\FM\05JNN1.SGM 05JNN1 yshivers on PROD1PC62 with NOTICES 32058 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices 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 E-Filing 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/esubmittals.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 file a motion, 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 firstclass 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 electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 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 submissions. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register notice. For further details with respect to this license transfer application, see the application dated April 16, 2008, available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agency wide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, 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 PDR Reference staff by telephone at 1–800– 397–4209, or 301–415–4737 or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 28th day of May 2008. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 For the Nuclear Regulatory Commission. Peter S. Tam, Senior Project Manager, Plant Licensing Branch III–1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8–12578 Filed 6–4–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the Economic Simplified Boiling Water Reactor (ESBWR) Subcommittee; Notice of Meeting The ACRS Subcommittee on ESBWR will hold a meeting on June 18–19, 2008, Room T2 B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed to protect information that is proprietary to General Electric-Hitachi (GEH) Nuclear Energy and its contractors pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: Wednesday June 18, 2008—8:30 a.m., until 5 p.m. Thursday June 19, 2008—8:30 a.m., until 5 p.m. The Subcommittee will review several chapters of the Safety Evaluation Report with Open Items associated with the Economic Simplified Boiling Water Reactor (ESBWR) Design Certification Application. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, GEH, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Dr. Harold VanderMolen (telephone 301–415– 6236) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on September 26, 2007 (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Official between E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32057-32058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12578]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-263]


Nuclear Management Company, LLC; Monticello Nuclear Generating 
Plant (MNGP); Notice of Consideration of Approval of Transfer of 
Renewed Facility Operating License and Conforming Amendment, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
direct transfer of the Renewed Facility Operating License No. DPR-22 
(the license) for the Monticello Nuclear Generating Plant (MNGP) to the 
extent currently held by Nuclear Management Company, LLC (NMC), as 
operator of MNGP. The transfer would be to Northern States Power 
Company (NSPM), an Xcel Energy company, and current licensed owner of 
MNGP. The Commission is also considering amending the license for 
administrative purposes to reflect the proposed transfer.
    According to an application for approval dated April 16, 2008, 
filed by NMC, NSPM would acquire operating authority of the facility 
following approval of the proposed license transfer, and would be 
responsible for the operation and maintenance of MNGP. NMC will be 
integrated into the current NSPM organization which would combine the 
ownership and operating authority into a single organization.
    No physical changes to the MNGP facility or operational changes are 
being proposed in the application.
    The proposed amendment would delete references to NMC, and to 
authorize NSPM to operate MNGP, and to receive, possess, or use related 
licensed materials under the applicable conditions and authorizations 
included in the license. This request to transfer operating authority 
and the conforming license amendment involve no change in plant 
ownership.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the direct 
transfer of a license, if the Commission determines that the proposed 
transferee is qualified to hold the license, and that the transfer is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility, 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application may request a hearing and intervention via electronic 
submission through the NRC E-filing system. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart C ``Rules of 
General Applicability: Hearing Requests, Petitions to Intervene, 
Availability of Documents, Selection of Specific Hearing Procedures, 
Presiding Officer Powers, and General Hearing Management for NRC 
Adjudicatory Hearings,'' of 10 CFR Part 2. In particular, such requests 
and petitions must comply with the requirements set forth in 10 CFR 
2.309. Untimely requests and petitions may be denied, as provided in 10 
CFR 2.309(c)(1), unless good cause for failure to file on time is 
established. In addition, an untimely request or petition should 
address the factors that the Commission will also consider, in 
reviewing untimely requests or petitions, set forth in 10 CFR 
2.309(c)(1)(i)-(viii).
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process 
requires participants to submit and serve 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 
must 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 ViewerTM 
to access the Electronic Information Exchange (EIE), a component of the 
E-Filing system. The Workplace Forms ViewerTM 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 website 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

[[Page 32058]]

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 E-Filing 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 file a motion, 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 electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/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 submissions.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted to the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, and should cite the publication date and page number of this 
Federal Register notice.
    For further details with respect to this license transfer 
application, see the application dated April 16, 2008, available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agency wide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, 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 PDR Reference staff by telephone at 1-800-397-4209, or 
301-415-4737 or by e-mail to pdr.resource@nrc.gov.

    Dated at Rockville, Maryland, this 28th day of May 2008.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Plant Licensing Branch III-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E8-12578 Filed 6-4-08; 8:45 am]
BILLING CODE 7590-01-P