[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4337-4338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2161]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-461]


Illinois Power Company, Soyland Power Cooperative; Consideration 
of Approval of Transfer of License and Issuance of Conforming License 
Amendments, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order approving, under 10 CFR 50.80, the 
transfer of Facility Operating License No. NPF-62, to the extent now 
held by Soyland Power Cooperative (Soyland), to Illinois Power Company 
(IP, the licensee) with respect to the Clinton Power Station, Unit No. 
1 (CPS), located in DeWitt County, Illinois, and issuance of conforming 
amendments under 10 CFR 50.90.
    CPS presently is jointly owned by IP (86.79%) and Soyland (13.21%) 
with IP authorized to act as agent for Soyland and having exclusive 
responsibility and control over the operation and maintenance of the 
facility. Soyland is proposing to transfer its 13.21% minority 
ownership interest to IP, resulting in IP becoming the sole owner of 
CPS. The license would be amended to reflect the transfer of ownership.
    Pursuant to 10 CFR 50.80, the Commission may approve the transfer 
of a license, or any right thereunder, after notice to interested 
persons. Such approval is contingent upon the Commission's 
determination 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 of the Commission. If the 
Commission determines that approval should be given, it will issue an 
order setting forth its consent to the transfer.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facilities in accordance with the proposed amendments 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. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. The proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated because it merely revises the Operating License 
to indicate the transfer of a minority ownership interest to the 
current majority owner and sole operator of the facility. This 
proposed amendment represents an administrative rather than 
operational change and, therefore, has no impact on accidents 
previously evaluated.
    2. The proposed amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated because there will be no change to the plant's physical 
configuration or operation as a result of this proposed amendment.
    3. The proposed amendment does not involve a significant 
reduction in the margin of safety because it is only an 
administrative change and will have no impact on any margin of 
safety related to the design or operation of the facility.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    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 the 30-day notice period. However, should circumstances 
change during the notice period such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 30-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance and provide for opportunity for a hearing 
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, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications 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 6D22, 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 NRC Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By February 28, 1997, the licensee may file a request for a hearing 
with respect to the issuance of an order regarding the proposed 
transfer of the license to the extent now held by Soyland to IP and 
issuance of conforming amendments 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 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 
persons should consult a current copy of 10 CFR 2.714 which is 
available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Vespasian Warner Public Library, 310 N. 
Quincy Street, Clinton, IL 61727. If a request for a hearing or 
petition for leave to intervene is filed by the above date, the 
Commission or an Atomic Safety and Licensing Board, designated by the 
Commission or by the Chairman of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the designated Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.714, 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. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following factors: (1) The nature of the petitioner's right under the 
Act to be made party to the proceeding; (2) the

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nature and extent of the petitioner's property, financial, or other 
interest in the proceeding; and (3) the possible effect of any order 
which may be entered in the proceeding on the petitioner's interest. 
The petition should also identify the specific aspect(s) of the subject 
matter of the proceeding as to which petitioner wishes to intervene. 
Any person who has filed a petition for leave to intervene or who has 
been admitted as a party may amend the petition without requesting 
leave of the Board up to 15 days prior to the first prehearing 
conference scheduled in the proceeding, but such an amended petition 
must satisfy the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the petitioner intends to rely in proving the 
contention at the hearing. The petitioner must also provide references 
to those specific sources and documents of which the petitioner is 
aware and on which the petitioner intends to rely to establish those 
facts or expert opinion. 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 transfer approval or amendments under consideration. 
The contention must be one which, if proven, would entitle the 
petitioner to relief. A petitioner who fails to file such a supplement 
which satisfies these requirements with respect to at least one 
contention will not be permitted to participate as a party.
    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, including the opportunity to present evidence and cross-
examine witnesses.
    If a hearing is requested with respect to the proposed amendments, 
the Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held.
    If the final determination is that the amendment request involves 
no significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any such amendment.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Docketing and 
Services Branch, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. Where petitions are filed during the last 10 days of 
the notice period, it is requested that the petitioner promptly so 
inform the Commission by a toll-free telephone call to Western Union at 
1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number N1023 and the 
following message addressed to Gail H. Marcus, Director, Project 
Directorate III-3: petitioner's name and telephone number, date 
petition was mailed, plant name, and publication date and page number 
of this Federal Register notice. A copy of the petition should also be 
sent to the Office of the General Counsel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and to Leah Manning Stetzner, 
Vice President, General Counsel and Corporate Secretary, 500 South 27th 
Street, Decatur, Illinois 62525, attorney for the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application dated October 17, 1996, as modified and supplemented by 
letter dated December 13, 1996, regarding the transfer of license and 
amendment, which are available for public inspection at the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW., Washington, DC, and at the local public document room located at 
the Vespasian Warner Public Library, 310 N. Quincy Street, Clinton, IL 
61727. The submittal dated October 17, 1996, originally identified the 
proposed transferee as Illinova Power Marketing, Inc., an unregulated 
power marketing subsidiary of Illinova Corporation, the parent of IP. 
The submittal dated December 13, 1996, modified the original 
application such that the proposed transferee is now IP. This notice 
supersedes that published in the Federal Register on November 6, 1996 
(61 FR 57486).

    Dated at Rockville, Maryland, this 23rd day of January 1997.

    For the Nuclear Regulatory Commission.
Elinor G. Adensam,
Deputy Director, Division of Reactor Projects III/IV, Office of Nuclear 
Reactor Regulation.
[FR Doc. 97-2161 Filed 1-28-97; 8:45 am]
BILLING CODE 7590-01-P