[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3900-3901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1748]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-263]
Nuclear Management Company, LLC; Notice of Consideration of
Issuance of Amendment to Facility Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-22, issued to the Nuclear Management Company, LLC, for operation of
the Monticello Nuclear Generating Plant, located in Wright County,
Minnesota.
The proposed amendment would revise the operating license to
authorize changing the design bases and the Updated Safety Analysis
Report (USAR) based upon revised analyses of (1) the long-term
containment response to a design-basis loss-of-coolant accident (LOCA)
and (2) containment pressure required for adequate net positive suction
head (NPSH) for the residual heat removal (RHR) pumps and core spray
pumps following a LOCA. The revised analyses incorporate revised
inputs, assumptions, alternative scenarios, and different analytical
methods and results from those currently described in the USAR and
previously approved by the Nuclear Regulatory Commission in Monticello
License Amendment Nos. 98 (dated July 25, 1997) and 102 (dated
September 16, 1998). These changes include additional contributions to,
and allowance for error in, (1) the reactor decay heat input; (2)
longer delays in initiating long-term containment cooling for reactor
isolation and small-break events; (3) improved credit (K-value of 147
Btu/sec-[deg]F rather than 143.1 Btu/sec-[deg]F) for RHR heat exchanger
performance; and (4) a slightly higher design temperature limit (196.7
[deg]F rather than 195 [deg]F) for piping attached to the wetwell based
on revised calculations of wetwell pressure and a corresponding
increase in allowable service water temperature. The revised results
reduce (from 18.26 psia to 17.51 psia) the overpressure credit needed
for adequate NPSH (i.e., the revised analysis of long-term wetwell
pressure response to a design-basis LOCA with containment spray cooling
results in a wetwell pressure below the previous NRC-approved limit
curve during the period from 2000 to 4000 seconds).
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
By February 26, 2003, the licensee may file a request for a hearing
with respect to issuance of the amendment 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,\1\
which is available at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland, or electronically on
the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr. If there are problems in accessing the document,
contact the PDR Reference staff at 1-800-397-4209, 301-415-4737, or by
e-mail to [email protected]. 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.
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\1\ ``The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 29,
2002.''
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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 must 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
[[Page 3901]]
made a 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 must 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 that must include a list of the contentions
that the petitioner seeks to have litigated in the hearing. 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 each contention and a
concise statement of the alleged facts or expert opinion that 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. 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 amendment 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.
A request for a hearing and petition for leave to intervene must be
filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's PDR,
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland, by the above date.
Because of continuing disruptions in delivery of mail to United States
Government offices, it is requested that petitions for leave to
intervene and requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the request for
hearing and petition for leave to intervene should also be sent to the
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555 0001, and because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that copies be transmitted either by means of facsimile transmission to
301-415-3725 or by e-mail to [email protected]. A copy of the
request for hearing and petition for leave to intervene should also be
sent to J. E. Silberg, Shaw, Pittman, Potts and Towbridge, 2300 N.
Street, NW., Washington, DC 20037, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for a hearing will
not be entertained absent a determination by the Commission, the
presiding officer, or the 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).
If a request for a hearing is received, the Commission's staff may
issue the amendment after it completes its technical review and prior
to the completion of any required hearing if it publishes a further
notice for public comment of its proposed finding of no significant
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the
application for amendment dated December 6, 2002, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike, Rockville,
Maryland. Publicly available records will be accessible electronically
from the Agencywide Documents Access and Management System's (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 to [email protected].
Dated at Rockville, Maryland, this 21st day of January, 2003.
For the Nuclear Regulatory Commission.
Darl S. Hood,
Senior Project Manager, Section 1, Project Directorate III, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 03-1748 Filed 1-24-03; 8:45 am]
BILLING CODE 7590-01-P