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, 34335-34337 [E8-13588]
Download as PDF
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:
https://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 email at nprec@nprec.us.
Dated: June 11, 2008.
Margaret M. Chiara,
General Counsel, National Prison Rape
Elimination Commission.
[FR Doc. E8–13545 Filed 6–16–08; 8:45 am]
BILLING CODE 4410–18–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–282 and 50–306]
jlentini on PROD1PC65 with NOTICES
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 20Year 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
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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
DPR–60, 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) timelimited 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
NUREG–1437, ‘‘Generic Environmental
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34335
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 NRC’s Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at https://
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–
397–4209 or 301–415–4737, 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
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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
requestor’s/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
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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 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 https://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 https://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 Web site at
https://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
PO 00000
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Fmt 4703
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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 E–Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://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 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 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
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electronic hearing docket which is
available to the public at https://
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 submission.
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at https://
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 https://
www.nrc.gov/reactors/operating/
licensing/renewal/applications.html, the
NRC’s 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 https://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–
397–4209 or 301–415–4737, 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 6–16–08; 8:45 am]
BILLING CODE 7590–01–P
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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-
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34337
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
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Agencies
[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34335-34337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13588]
=======================================================================
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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 DPR-60, 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 NUREG-1437, ``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 NRC's 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-
800-397-4209 or 301-415-4737, 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
[[Page 34336]]
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
requestor's/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 https://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 https://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 https://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 E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://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
[[Page 34337]]
electronic hearing docket which is available to the public at https://
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 submission.
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at https://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 https://
www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the
NRC's 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 https://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 1-800-397-4209 or 301-415-4737,
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 6-16-08; 8:45 am]
BILLING CODE 7590-01-P