Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 55549 

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.’’ 

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. 

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 

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 

mstockstill on PROD1PC66 with NOTICES

55550 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / 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. 

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, http://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 

NUCLEAR REGULATORY 

COMMISSION 

[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 

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. 

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