[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62108-62110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19366]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-10; NRC-2023-0155]


Northern States Power Company; Prairie Island Independent Spent 
Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing 
and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
has received a license amendment application from Northern States Power 
Company (NSPM) for an amendment to Materials License No. SNM-2506 for 
the Prairie Island Independent Spent Fuel Storage Installation (PI 
ISFSI) located in Welch, Minnesota. The amendment request seeks to 
revise the technical specifications (TS) for the PI ISFSI. NSPM 
proposes to allow use of a Code alternative as an option to the 
requirements of the 2004 Edition through 2006 Addenda of the American 
Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel 
(B&PV) Code, Section III, Division 1, Subsection NB, Paragraph NB-5130, 
by revising the TS to add the Code alternative to TS section 4.4, table 
4.4-1, TN-40HT ASME Code Exceptions.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by November 7, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0155 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0155. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#05567164667c2b56666d7068646b6b456b77662b626a73"><span class="__cf_email__" data-cfemail="02517663617b2c51616a776f636c6c426c70612c656d74">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#e9b9adbbc7bb8c9a869c9b8a8ca9879b8ac78e869f"><span class="__cf_email__" data-cfemail="520216007c0037213d27203137123c20317c353d24">[email protected]</span></a>. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#58081c0a760a3d2b372d2a3b3d18362a3b763f372e"><span class="__cf_email__" data-cfemail="9ecedaccb0ccfbedf1ebecfdfbdef0ecfdb0f9f1e8">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0262; email: <a href="/cdn-cgi/l/email-protection#e5af8a8d8bc8a68d8490cbab82909c808ba58b9786cb828a93"><span class="__cf_email__" data-cfemail="baf0d5d2d497f9d2dbcf94f4ddcfc3dfd4fad4c8d994ddd5cc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC received, by letter dated July 14, 2023 (ADAMS Accession 
No. ML23195A187), a license amendment application from NSPM, to amend 
Materials License No. SNM-2506, which authorizes the storage of spent 
fuel at the PI ISFSI located in Welch, Minnesota. Specifically, the 
proposed amendment, if approved, would allow NSPM to use a Code 
alternative as an option to the requirements of the 2004 Edition 
through 2006 Addenda of the American Society of Mechanical Engineers 
(ASME) Boiler and Pressure Vessel (B&PV) Code, Section III, Division 1, 
Subsection NB, Paragraph NB-5130, by revising the TS to add the Code 
alternative to TS section 4.4, table 4.4-1, TN-40HT ASME Code 
Exceptions.
    An NRC administrative completeness review, documented in a letter 
to NSPM dated August 24, 2023 (ADAMS Accession No. ML23234A135), found 
the application acceptable to begin a technical review.

[[Page 62109]]

    Prior to approving the proposed amendment, the NRC will need to 
make the findings required by the Atomic Energy Act of 1954, as amended 
(the Act), and NRC's regulations. The NRC's findings will be documented 
in a safety evaluation report. In the amendment request, NSPM asserted 
that the proposed amendment satisfies the categorical exclusion 
criteria of paragraph 51.22(c)(11) of title 10 of the Code of Federal 
Regulations (10 CFR). The NRC will evaluate this assertion and make 
findings consistent with the National Environmental Policy Act and 10 
CFR part 51.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#28604d495a41464f066c474b434d5c68465a4b064f475e"><span class="__cf_email__" data-cfemail="b2fad7d3c0dbdcd59cf6ddd1d9d7c6f2dcc0d19cd5ddc4">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's 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 document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#85c8d6cdc1abd7e0f6eaf0f7e6e0c5ebf7e6abe2eaf3"><span class="__cf_email__" data-cfemail="e9a4baa1adc7bb8c9a869c9b8a8ca9879b8ac78e869f">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b) through (d). Participants filing adjudicatory documents in 
this manner are responsible for serving their documents on all other 
participants. Participants granted an exemption under 10 CFR 
2.302(g)(2) must still meet the electronic formatting requirement in 10 
CFR 2.302(g)(1), unless the participant also seeks and is granted an 
exemption from 10 CFR 2.302(g)(1). Documents submitted in adjudicatory 
proceedings will appear in the NRC's electronic hearing docket, which 
is publicly available at https://adams.nrc.gov/ehd, unless excluded 
pursuant to an order of the presiding officer. If you do not have an 
NRC-issued digital ID certificate as previously described, click 
``cancel'' when the link requests certificates and you will be 
automatically directed to the NRC's electronic hearing dockets where 
you will be able to access any publicly available documents in a 
particular hearing docket. Participants are requested not to include 
personal privacy information such as social security numbers, home 
addresses, or personal phone numbers in their filings unless an NRC 
regulation or other law requires submission of such

[[Page 62110]]

information. 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 should not include 
copyrighted materials in their submission.

    Dated: September 1, 2023.

    For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-19366 Filed 9-7-23; 8:45 am]
BILLING CODE 7590-01-P


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