In the Matter of: Nuclear Management Company, LLC; Northern States Power Company; (Monticello Nuclear Generating Plant); Renewed Facility Operating License No. DPR-22; Order Approving Transfer of License and Conforming Amendment, 55549-55550 [E8-22529]
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Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices
V. Administration of the MOU
A. While retaining ultimate responsibility
for making determinations and exercising
their individual responsibilities in
accordance with existing statutory
responsibilities, the NRC and the Corps will
consult with one another to resolve disputes
using existing dispute resolution methods
and in accordance with this agreement. If no
agreement can be reached, either agency may
refer the matter to the Council on
Environmental Quality in accordance with 40
CFR 1504, ‘‘Predecision Referrals to the
Council of Proposed Federal Actions
Determined To Be Environmentally
Unsatisfactory.’’ Notwithstanding any such
referral, the NRC reserves the right to make
a final decision on any matter within the
NRC’s regulatory authority.
B. This MOU may be modified, amended,
or terminated upon written request of any
party hereto and the subsequent written
concurrence of all other participating
agencies. Participation in this agreement may
be terminated 60 days after providing written
notice of such termination to other
participating agencies.
C. Acknowledgement that the authority
and responsibilities of the parties under their
respective jurisdictions are not altered by the
MOU.
1. This MOU is intended only to improve
the working relationships of the participating
agencies in connection with expeditious
decisions with regard to nuclear power plant
authorizations and is not intended to, nor
does it create, any right, benefit, or trust
responsibility, substantive or procedural,
enforceable at law or equity by any person or
party against the United States, its agencies,
its officers, or any other person.
2. This MOU is to be construed in a
manner consistent with all effective existing
laws and regulations.
3. The MOU neither expands nor is in
derogation of those powers and authorities
vested in the participating agencies by
applicable laws, statutes, or regulations.
4. The terms of this MOU are not intended
to be enforceable by any party other than the
signatories hereto.
5. The participating agencies intend to
fully carry out the terms of this MOU. All
provisions in this MOU, however, are subject
to available resources. In addition, this MOU
does not limit the ability of any of the
participating agencies to review and respond
to final applications.
6. If an applicant, prospective applicant, or
other person requests a correction of
information disseminated pursuant to this
MOU, as authorized by Section 515 of the
Treasury and General Government
Appropriations Act for Fiscal Year 2001
(Pub. L. 106–554), the process by which such
request will be addressed will be that
established by the agency that disseminated
the information.
7. This MOU cannot be used to obligate or
commit funds or as the basis for the transfer
of funds.
issued for a nuclear power plant. The hearing will
be conducted by the Commission or by a presiding
officer designated by the Commission pursuant to
10 CFR 2.313, ‘‘Designation of Presiding Officer,
Disqualification, Unavailability, and Substitution.’’
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17:50 Sep 24, 2008
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8. Nothing in this MOU, in and of itself,
requires any signatory agency to enter into
any contract, grant, or interagency agreement.
9. All provisions in this MOU are subject
to the availability of funds.
Accordingly, the parties have signed this
MOU on the dates set forth below, to be
effective for all purposes as of the date last
signed. The signatures may be executed using
counterpart original documents.
September 12, 2008.
John Paul Woodley, Jr.,
Assistant Secretary of the Army (Civil
Works).
September 12, 2008.
R. W. Borchardt,
Executive Director for Operations, U.S.
Nuclear Regulatory Commission.
[FR Doc. E8–22528 Filed 9–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–263]
In the Matter of: Nuclear Management
Company, LLC; Northern States Power
Company; (Monticello Nuclear
Generating Plant); Renewed Facility
Operating License No. DPR–22; Order
Approving Transfer of License and
Conforming Amendment
I.
Northern States Power Company, a
Minnesota corporation (NSPM) and
Nuclear Management Company, LLC
(NMC) are holders of Renewed Facility
Operating License No. DPR–22, which
authorizes the possession, use, and
operation of Monticello Nuclear
Generating Plant (Monticello). NSPM is
authorized to possess, and NMC is
authorized to use and operate
Monticello. The facility is located at the
licensees’ site in Wright County,
Minnesota.
II.
By letter dated April 16, 2008, as
supplemented by letter dated August 6,
2008, NSPM and NMC requested
approval for NSPM to acquire from
NMC the operating authority of the
facility following approval of the
proposed license transfer. Subsequently,
NSPM will be responsible for the
operation and maintenance of MNGP.
NMC will be integrated into the current
NSPM organization, which would be the
sole entity holding both the ownership
and operating authority of MNGP.
The applicants also requested
approval of a conforming license
amendment that would replace
references to NMC in the license with
references to NSPM to reflect the
transfer of operating authority under the
PO 00000
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Fmt 4703
Sfmt 4703
55549
applicable conditions and
authorizations included in the
Monticello license. The applicants
proposed no physical changes to the
facility or operational changes. After
completion of the proposed transfer,
NSPM would become the operator, as
well as continue to be the owner of the
facility.
Approval of the transfer of the
licensed operating authority and
conforming license amendment is
requested by the applicants pursuant to
Sections 50.80 and 50.90 of Title 10 of
the Code of Federal Regulations (10
CFR). Notice of the request for approval
and opportunity for a hearing were
published in the Federal Register on
June 5, 2008 (73 FR 32057). No
comments and no petitions to intervene
were received.
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. Upon review
of the information in the application
and other information before the
Commission, and relying upon the
representations and agreements
contained in the application, the
Nuclear Regulatory Commission (NRC)
staff has determined that NSPM is
qualified to continue to hold the
ownership interests in the facility, and
is qualified to acquire and hold the
operating authority previously held by
NMC, and that the transfer of the
operating interests in the facility to
NSPM described in the application is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission,
subject to the conditions set forth below.
The NRC staff has further found that the
application for the proposed license
amendment complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations set forth in 10 CFR
Chapter I; the facility will operate in
conformity with the application, the
provisions of the Act, and the rules and
regulations of the Commission; there is
reasonable assurance that the activities
authorized by the proposed license
amendment can be conducted without
endangering the health and safety of the
public and that such activities will be
conducted in compliance with the
Commission’s regulations; the issuance
of the proposed license amendment will
not be inimical to the common defense
and security or to the health and safety
of the public; and the issuance of the
proposed amendment will be in
accordance with 10 CFR Part 51 of the
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55550
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–22529 Filed 9–24–08; 8:45 am]
III.
mstockstill on PROD1PC66 with NOTICES
Commission’s regulations and all
applicable requirements have been
satisfied.
The findings set forth above are
supported by the NRC staff’s safety
evaluation dated the same day as this
Order.
NUCLEAR REGULATORY
COMMISSION
BILLING CODE 7590–01–P
Accordingly, pursuant to sections
161b, 161i, and 184 of the Act, 42 U.S.C.
sections 2201(b), 2201(i), and 2234; and
10 CFR 50.80, it is hereby ordered that
the transfer of the operating authority of
the license, as described herein, from
NMC to NSPM is approved.
It is further ordered that, consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the license to reflect the subject direct
license transfer is approved. The
amendment shall be issued and made
effective at the time the proposed direct
license transfer is completed.
It is further ordered, that NMC and
NSPM shall inform the Director of the
Office of Nuclear Reactor Regulation, in
writing, of the date of closing of the
transfer of NMC’s operating interests in
Monticello at least 1 business day prior
to closing. Should the transfer of the
license not be completed within one
year of this Order’s date of issuance, this
Order shall become null and void,
provided, however, that upon written
application and for good cause shown,
such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
April 16, 2008, the supplement dated
August 6, 2008, and the safety
evaluation dated the same day as this
Order, which are available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville
Pike, Room O–1 F21 (First Floor),
Rockville, Maryland and accessible
electronically from the Agencywide
Documents Access and Management
System (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, 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 PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail at pdr@nrc.gov.
Dated at Rockville, Maryland this 15th day
of September, 2008.
VerDate Aug<31>2005
17:50 Sep 24, 2008
Jkt 214001
[Docket Nos. 50–282, 50–306, 72–10]
In the Matter of: Nuclear Management
Company, LLC; License Nos DPR–42,
DPR–60, SNM–2506; Northern States
Power Company; (Prairie Island
Nuclear Generating Plant, Units 1 and
2) Order Approving Transfer of License
and Conforming Amendment
I.
Northern States Power Company, a
Minnesota corporation (NSPM) and
Nuclear Management Company, LLC
(NMC) are holders of Facility Operating
License No. DPR–42 and DPR–60,
which authorize the possession, use,
and operation of Prairie Island Nuclear
Generating Plant (Prairie Island), Units
1 and 2, and Materials License SNM–
2506, which authorizes the possession,
use, and operation of the Prairie Island
Independent Spent Fuel Storage
Installation (ISFSI). NSPM is authorized
to possess, and NMC is authorized to
use and operate Prairie Island and the
Prairie Island ISFSI. The facilities are
located at the licensees’ site in Goodhue
County, Minnesota.
II.
By letter dated April 16, 2008, as
supplemented by letter dated August 6,
2008, NSPM and NMC requested
approval for NSPM to acquire the
operating authority of the facilities from
NMC following approval of the
proposed license transfer. Subsequently,
NSPM will be responsible for the
operation and maintenance of Prairie
Island and the Prairie Island ISFSI.
NMC will be integrated into the current
NSPM organization, which would be the
sole entity holding both the ownership
and operating authority of the facilities.
The applicants also requested
approval of conforming license
amendments that would replace
references to NMC in the licenses with
references to NSPM to reflect the
transfer of operating authority under the
applicable conditions and
authorizations included in the Prairie
Island licenses. The applicants
proposed no physical changes to the
facilities or operational changes. After
completion of the proposed transfer,
NSPM would become the operator, as
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
well as continue to be the owner of the
facilities.
Approval of the transfer of the
licensed operating authority and
conforming license amendments are
requested by the applicants pursuant to
Sections 50.80 and 50.90 of Title 10 of
the Code of Federal Regulations (10
CFR). Notice of the request for approval
and opportunity for a hearing were
published in the Federal Register on
June 5, 2008 (73 FR 32055). No
comments and no petitions to intervene
were received.
Pursuant to 10 CFR 50.80 and 10 CFR
72.50, 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. Upon
review of the information in the
application and other information
before the Commission, and relying
upon the representations and
agreements contained in the
application, the NRC staff has
determined that NSPM is qualified to
continue to hold the ownership interests
in the facilities, and is qualified to
acquire and hold the operating authority
previously held by NMC, and that the
transfer of the operating interests in the
facilities to NSPM described in the
application is otherwise consistent with
applicable provisions of law,
regulations, and orders issued by the
Commission, subject to the conditions
set forth below. The NRC staff has
further found that the applications for
the proposed license amendments
comply with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations set
forth in 10 CFR Chapter I; the facilities
will operate in conformity with the
applications, the provisions of the Act,
and the rules and regulations of the
Commission; there is reasonable
assurance that the activities authorized
by the proposed license amendments
can be conducted without endangering
the health and safety of the public and
that such activities will be conducted in
compliance with the Commission’s
regulations; the issuance of the
proposed license amendments will not
be inimical to the common defense and
security or to the health and safety of
the public; and the issuance of the
proposed amendments will be in
accordance with 10 CFR Part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied.
The findings set forth above are
supported by NRC staff’s safety
evaluation dated the same day as this
Order.
E:\FR\FM\25SEN1.SGM
25SEN1
]]>Agencies
[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Notices]
[Pages 55549-55550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22529]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-263]
In the Matter of: Nuclear Management Company, LLC; Northern
States Power Company; (Monticello Nuclear Generating Plant); Renewed
Facility Operating License No. DPR-22; Order Approving Transfer of
License and Conforming Amendment
I.
Northern States Power Company, a Minnesota corporation (NSPM) and
Nuclear Management Company, LLC (NMC) are holders of Renewed Facility
Operating License No. DPR-22, which authorizes the possession, use, and
operation of Monticello Nuclear Generating Plant (Monticello). NSPM is
authorized to possess, and NMC is authorized to use and operate
Monticello. The facility is located at the licensees' site in Wright
County, Minnesota.
II.
By letter dated April 16, 2008, as supplemented by letter dated
August 6, 2008, NSPM and NMC requested approval for NSPM to acquire
from NMC the operating authority of the facility following approval of
the proposed license transfer. Subsequently, NSPM will be responsible
for the operation and maintenance of MNGP. NMC will be integrated into
the current NSPM organization, which would be the sole entity holding
both the ownership and operating authority of MNGP.
The applicants also requested approval of a conforming license
amendment that would replace references to NMC in the license with
references to NSPM to reflect the transfer of operating authority under
the applicable conditions and authorizations included in the Monticello
license. The applicants proposed no physical changes to the facility or
operational changes. After completion of the proposed transfer, NSPM
would become the operator, as well as continue to be the owner of the
facility.
Approval of the transfer of the licensed operating authority and
conforming license amendment is requested by the applicants pursuant to
Sections 50.80 and 50.90 of Title 10 of the Code of Federal Regulations
(10 CFR). Notice of the request for approval and opportunity for a
hearing were published in the Federal Register on June 5, 2008 (73 FR
32057). No comments and no petitions to intervene were received.
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. Upon review of the information in the application and other
information before the Commission, and relying upon the representations
and agreements contained in the application, the Nuclear Regulatory
Commission (NRC) staff has determined that NSPM is qualified to
continue to hold the ownership interests in the facility, and is
qualified to acquire and hold the operating authority previously held
by NMC, and that the transfer of the operating interests in the
facility to NSPM described in the application is otherwise consistent
with applicable provisions of law, regulations, and orders issued by
the Commission, subject to the conditions set forth below. The NRC
staff has further found that the application for the proposed license
amendment complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's rules
and regulations set forth in 10 CFR Chapter I; the facility will
operate in conformity with the application, the provisions of the Act,
and the rules and regulations of the Commission; there is reasonable
assurance that the activities authorized by the proposed license
amendment can be conducted without endangering the health and safety of
the public and that such activities will be conducted in compliance
with the Commission's regulations; the issuance of the proposed license
amendment will not be inimical to the common defense and security or to
the health and safety of the public; and the issuance of the proposed
amendment will be in accordance with 10 CFR Part 51 of the
[[Page 55550]]
Commission's regulations and all applicable requirements have been
satisfied.
The findings set forth above are supported by the NRC staff's
safety evaluation dated the same day as this Order.
III.
Accordingly, pursuant to sections 161b, 161i, and 184 of the Act,
42 U.S.C. sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, it is
hereby ordered that the transfer of the operating authority of the
license, as described herein, from NMC to NSPM is approved.
It is further ordered that, consistent with 10 CFR 2.1315(b), the
license amendment that makes changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the license to
reflect the subject direct license transfer is approved. The amendment
shall be issued and made effective at the time the proposed direct
license transfer is completed.
It is further ordered, that NMC and NSPM shall inform the Director
of the Office of Nuclear Reactor Regulation, in writing, of the date of
closing of the transfer of NMC's operating interests in Monticello at
least 1 business day prior to closing. Should the transfer of the
license not be completed within one year of this Order's date of
issuance, this Order shall become null and void, provided, however,
that upon written application and for good cause shown, such date may
be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated April 16, 2008, the supplement dated August 6, 2008,
and the safety evaluation dated the same day as this Order, which are
available for public inspection at the Commission's Public Document
Room (PDR), located at One White Flint North, 11555 Rockville Pike,
Room O-1 F21 (First Floor), Rockville, Maryland and accessible
electronically from the Agencywide Documents Access and Management
System (ADAMS) Public Electronic Reading Room on the Internet at the
NRC Web site, 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 PDR Reference staff
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail at
pdr@nrc.gov.
Dated at Rockville, Maryland this 15th day of September, 2008.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E8-22529 Filed 9-24-08; 8:45 am]
BILLING CODE 7590-01-P
