Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices 4337

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
4338 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Notices

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

[Docket Nos. 50–282 and 50–306]

Northern States Power Co.;

Consideration of Issuance of

Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of amendments to

Facility Operating License Nos. DPR–42

and DPR–60 issued to Northern States

Power Company (the licensee) for

operation of the Prairie Island Nuclear

Generating Plant, Units 1 and 2, located

in Goodhue County, Minnesota.

The proposed amendments would

revise the Technical Specifications

governing the cooling water system. The

changes are proposed to improve plant

operation based on operational

experience with the vertical motordriven cooling water pump. The

changes are also proposed to

incorporate information gathered by the

licensee during its self-assessment

Service Water System Operational

Performance Inspection (SWSOPI)

completed in late 1995.

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 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

amendments would not (1) involve a

significant increase in the probability or