[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Notices]
[Pages 17882-17885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9303]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-263, 50-282, 50-306, and 72-10]


Northern States Power Company (Monticello and Prairie Island 
Units 1 and 2 Nuclear Generating Plants and Prairie Island Independent 
Spent Fuel Storage Installation); Order Approving Transfer of Control 
of Licenses and Notice of Consideration of Proposed Issuance of 
Associated Amendments, Proposed No Significant Hazards Consideration 
Determination, and Opportunity for a Hearing

I

    Northern States Power Company (NSP) is owner and operator of 
Monticello Nuclear Generating Plant, Prairie Island Nuclear Generating 
Plant, Units 1 and 2, and Prairie Island Independent Spent Fuel Storage 
Installation (ISFSI). NSP is governed by Facility Operating Licenses 
Nos. DPR-22, DPR-42, and DPR-60 issued by the U.S. Atomic Energy 
Commission (AEC) pursuant to Part 50 of Title 10 of the Code of Federal 
Regulations (10 CFR Part 50). Prairie Island Nuclear Generating Plant's 
Units 1 and 2 Facility Operating Licenses Nos. DPR-42, and DPR-60 were 
issued on August 9, 1973, and October 29, 1974, respectively. NSP was 
issued Provisional Operating License No. DPR-22 for the Monticello 
Nuclear Generating Plant on September 8, 1970, and Facility Operating 
License No. DPR-22 on January 9, 1981. NSP is also governed by 
Materials License No. SNM-2506 issued by the U.S. Nuclear Regulatory 
Commission (NRC) pursuant to 10 CFR Part 72 on October 19, 1993. The 
Monticello Nuclear Generating Plant is located in Wright County, 
Minnesota. The Prairie Island Nuclear Generating Plant, Units 1 and 2, 
and the Prairie Island ISFSI are located in Goodhue County, Minnesota.

II

    By letter dated October 20, 1995, NSP informed the Commission that 
it intends to transfer ownership of the facility operating licenses for 
Monticello Nuclear Generating Plant, the Prairie

[[Page 17883]]

Island Nuclear Generating Plant, Units 1 and 2, and the Prairie Island 
ISFSI from NSP to a newly formed NSP, which will result from a merger 
between NSP and WEC Sub Corp., a subsidiary of Wisconsin Electric 
Corporation (WEC). In connection with the proposed transaction, WEC 
will be renamed Primergy Corporation (Primergy) and will own two 
operating utility subsidiaries: (1) The New NSP, which will be a 
Wisconsin corporation (referred to herein as ``New NSP''), and (2) a 
current WEC subsidiary, Wisconsin Electric Power Company (WEPCO), into 
which Northern States Power (Wisconsin), a former subsidiary of NSP, 
will have merged, and which will be called Wisconsin Energy Company. 
New NSP will continue to operate primarily the same facilities in the 
same locations as those that NSP currently does.
    The transfer of Facility Operating Licenses Nos. DPR-22, DPR-42, 
and DPR-60 is subject to NRC's approval under 10 CFR 50.80. The 
transfer of Prairie Island ISFSI License No. SNM-2506 is subject to 
NRC's approval under 10 CFR 72.50. After reviewing the information 
submitted in the letter of October 20, 1995, and other information 
before the Commission, the NRC staff has determined that New NSP is 
qualified to hold the licenses to the extent and for the purposes NSP 
is now authorized to hold the licenses, and that the transfer, subject 
to the conditions set forth herein, is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission. These findings are supported by the accompanying safety 
evaluation dated April 1, 1997.

III

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 USC Secs. 2201(b), 2201(i), and 
2234, and 10 CFR 50.80 and 10 CFR 72.50, IT IS HEREBY ORDERED that the 
Commission consents to the proposed transfer of control of the licenses 
described herein from NSP to New NSP subject to the following: (1) The 
issuance of approved amendments fully reflecting the transfers approved 
by this Order at the time such transfers are effected; (2) should the 
transfers not be completed by September 30, 1997, this Order shall 
become null and void provided, however, on application and for good 
cause shown, such date may be extended; and (3) New NSP shall provide 
the Director of the Office of Nuclear Reactor Regulation a copy of any 
application, at the time it is filed, to transfer (excluding grants of 
security interests or liens) from New NSP to its parent or to any other 
affiliated company, facilities for the production, transmission, or 
distribution of electric energy having a depreciated book value 
exceeding ten percent (10%) of New NSP's consolidated net utility 
plant, as recorded on New NSP's books of account, consistent with NSP's 
letter dated August 28, 1996, to the NRC.
    This Order is effective upon issuance.

IV

    By May 12, 1997, any person adversely affected by this Order may 
file a request for a hearing with respect to issuance of the Order. Any 
person requesting a hearing shall set forth with particularity how that 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.714(d), in the same manner as is more 
fully discussed below regarding requests for hearing and petitions for 
leave to intervene in connection with proposed facility license 
amendments.
    If a hearing is held concerning this Order, the Commission will 
issue an Order designating the time and place of such hearing.
    The issue to be considered at any such hearing shall be whether 
this Order should be sustained.
    Any request for a hearing must be filed with the Secretary of the 
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
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. Copies should also be sent to 
the Office of the General Counsel, and to the Directors, Office of 
Nuclear Reactor Regulation and Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
and to Gary Johnson, Northern States Power Company, 414 Nicollet Mall, 
Minneapolis, MN 55401, attorney for the licensee.

V

    With respect to Facility Operating Licenses Nos. DPR-22, DPR-42, 
and DPR-60, described herein, notice is hereby given that the 
Commission is considering the issuance of amendments to the licenses to 
reflect the above transfer approved by the Commission. NSP stated in a 
letter dated December 6, 1995, that the application does not involve a 
request for any change in the design, operation, or administrative 
controls of the Monticello Nuclear Generating Plant, or the Prairie 
Island Nuclear Generating Plant, Units 1 and 2, or any change in the 
terms and conditions of the existing licenses or technical 
specifications. NSP further stated in its submittal dated October 20, 
1995, that the financial capability of the owner and operator will be 
maintained, that New NSP (as owner and operator) will remain qualified 
to be the holder of the licenses, and that the transfer of the licenses 
is consistent with applicable provisions of law, regulations, and 
orders issued by the Commission.
    Before issuance of the proposed facility 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 facility 
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 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 the margin of 
safety. As required by 10 CFR 50.91(a), NSP has submitted its analysis 
of the issue of no significant hazards consideration, which is given 
below:

    The proposed amendment[s] will not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    As a result of the proposed license amendment[s], there will be 
no physical change to the facilities and all Limiting Conditions for 
Operation, Limiting Safety System Settings and Safety Limits 
specified in the Technical Specifications will remain unchanged. 
Also, the facilities' Quality Assurance Program, Emergency Plan, 
Security Plan, and Operator Training and Requalification Program 
will be unaffected. Therefore, this amendment will not cause a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    The proposed amendment[s] will not create the possibility of a 
new or different kind of accident from any accident previously 
analyzed.
    The proposed amendment[s] will have no effect on the physical 
configuration of the facilities or the manner in which they will 
operate. The design and design basis of the facilities will remain 
the same. The current safety analyses will therefore remain complete 
and accurate in addressing the design basis events and in analyzing 
accident response and consequences for the facilities.
    The Limiting Conditions for Operations, Limiting Safety System 
Settings and Safety Limits specified in the Technical Specifications 
for the facilities are not affected by the proposed license 
amendment[s].

[[Page 17884]]

    As such, the conditions for which the design basis accident 
analysis have been performed will remain valid. Therefore, the 
proposed license amendment[s] cannot create the possibility of a new 
or different kind of accident from any accident previously 
evaluated.
    The proposed amendment[s] will not involve a significant 
reduction in the margin of safety.
    Facility safety margins are established through Limiting 
Conditions for Operation, Limiting Safety System Settings and Safety 
Limits specified in the Technical Specifications. Since there will 
be no change to the physical design or operation of the facilities, 
there will be no change to any of these margins. Thus the proposed 
license amendment[s] will not involve a significant reduction in any 
margin of safety.
    Based upon the analysis and description of the transaction in 
our submittal dated October 20, 1995, the proposed license 
amendment[s] only reflects a change in ownership of NSP and will not 
involve a significant increase in the probability or consequences of 
any accident previously evaluated, create the possibility of a new 
or different kind of accident from any accident previously 
evaluated, or involve a reduction in a margin of safety. As a 
result, the proposed change meets the requirements of 10 CFR Part 
50, Section 50.95(c) and does not involve a significant hazards 
consideration.

    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 requests involve 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 amendments 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 amendments before the expiration 
of the 30-day notice period, provided that its final determination is 
that the amendments involve 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 May 2, 1997, the licensee may file a request for a hearing with 
respect to issuance of the amendments to the subject facility operating 
licenses, 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 Minneapolis Public Library, Technology and 
Science Department, 300 Nicollet Mall, Minneapolis, Minnesota. If a 
request for a hearing or a 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 nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order that 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 that the 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 
that 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 that supports the 
contention and on which the petitioner intends to rely in providing 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. The 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 amendments under consideration. The 
contention must be one that, if proven, would entitle the petitioner to 
relief. A petitioner who fails to file such a supplement that 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, 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 requests involve 
no

[[Page 17885]]

significant hazards consideration, the Commission may issue the 
amendments and make them immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendments.
    If the final determination is that the amendment requests involve a 
significant hazards consideration, any hearing held would take place 
before the issuance of any 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. When 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 Mr. John N. Hannon: 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 Gary Johnson, Northern States Power Company, 414 Nicollet Mall, 
Minneapolis, MN 55401, 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 on the basis of 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 for the transfer of control of licenses dated October 20, 
1995, the application for amendments dated December 6, 1995, and NSP's 
commitment to notify NRC of certain transfers of assets dated August 
28, 1996, 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 
Minneapolis Public Library, Technology and Science Department, 300 
Nicollet Mall, Minneapolis, Minnesota.

    Dated at Rockville, Maryland, this 1st day of April 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-9303 Filed 4-10-97; 8:45 am]
BILLING CODE 7590-01-P