ML062050359

Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing Regarding Removal of Tri-Sodium Phospate from the Containment

ML062050359
Person / Time
Site:	Palisades
Issue date:	07/27/2006
From:	Padovan L NRC/NRR/ADRO/DORL/LPLIII-1
To:	Harden P Nuclear Management Co
M. Padovan, LPL3-1
References
TAC MD0537
Download: ML062050359 (8)

Text

July 27, 2006 Mr. Paul A. Harden Site Vice President Nuclear Management Company, LLC Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530

SUBJECT:

PALISADES PLANT NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING (TAC NO. MD0537)

Dear Mr. Harden:

Enclosed is a copy of the subject Notice relating to Nuclear Management Companys license amendment request of March 20, 2006, to remove tri-sodium phosphate from the containment at the Palisades plant. The Notice has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

L. Mark Padovan, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255

Enclosure:

Notice cc w/encl: See next page

July 27, 2006 Mr. Paul A. Harden Site Vice President Nuclear Management Company, LLC Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530

SUBJECT:

PALISADES PLANT NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING (TAC NO. MD0537)

Dear Mr. Harden:

Enclosed is a copy of the subject Notice relating to Nuclear Management Companys license amendment request of March 20, 2006, to remove tri-sodium phosphate from the containment at the Palisades plant. The Notice has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

L. Mark Padovan, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255

Enclosure:

Notice cc w/encl: See next page DISTRIBUTION:

PUBLIC LPLIII-1 R/F RidsNrrPMMPadovan RidsNrrLATHarris RidsOgcRp MMurphy RidsAcrsAcnwMailCenter RidsNrrDorlLple RidsRgn3MailCenter RidsNrrDorlDpr Accession Number: ML062050359 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA NRR/LPL3-1/(A)BC NAME LPadovan THarris MMurphy DATE 07/27/06 07/26 /06 07/27/06 OFFICIAL RECORD COPY

Palisades Plant cc:

Robert A. Fenech, Senior Vice President Michael B. Sellman Nuclear, Fossil, and Hydro Operations President and Chief Executive Officer Consumers Energy Company Nuclear Management Company, LLC 1945 Parnall Rd. 700 First Street Jackson, MI 49201 Hudson, MI 54016 Arunas T. Udrys, Esquire Jonathan Rogoff, Esquire Consumers Energy Company Vice President, Counsel & Secretary 1 Energy Plaza Nuclear Management Company, LLC Jackson, MI 49201 700 First Street Hudson, WI 54016 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Douglas E. Cooper Suite 210 Senior Vice President - Group Operations 2443 Warrenville Road Palisades Nuclear Plant Lisle, IL 60532-4351 Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Supervisor Covert, MI 49043 Covert Township P. O. Box 35 Stephen T. Wawro, Director Covert, MI 49043 of Nuclear Assets Consumers Energy Company Office of the Governor Palisades Nuclear Plant P. O. Box 30013 27780 Blue Star Memorial Highway Lansing, MI 48909 Covert, MI 49043 U.S. Nuclear Regulatory Commission Laurie A. Lahti, Manager Resident Inspector's Office Regulatory Affairs Palisades Plant Nuclear Management Company, LLC 27782 Blue Star Memorial Highway Palisades Nuclear Plant Covert, MI 49043 27780 Blue Star Memorial Highway Covert, MI 49043 Michigan Department of Environmental Quality Waste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 Michigan Department of Attorney General Special Litigation Division 525 West Ottawa St.

Sixth Floor, G. Mennen Williams Building Lansing, MI 48913

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-255 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-20, issued to Nuclear Management Company (the licensee), for operation of the Palisades Plant located in Van Buren County, Michigan.

The proposed amendment would remove tri-sodium phosphate from the Palisades containment.

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.

Within 60 days after the date of publication of this notice, 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 Commissions Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commissions public document room (PDR), located at One White Flint North,

Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor 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 general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestors/petitioners right under the Act to be made a party to the proceeding;

3) the nature and extent of the requestors/petitioners property, financial, or other interest in the proceeding; and 4) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioners interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.

Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for 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. The petition must include 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 which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy 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.

Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).

A request for a hearing or a petition for leave to intervene must be filed by: 1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; 2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; 3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or

4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415-1101, verification number is (301) 415-1966. 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 it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Jonathan Rogoff, Esquire, Vice President, Counsel & Secretary, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016, attorney for the licensee.

If a request for a hearing is received, the Commissions 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 March 20, 2006, 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 (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the 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, or 301-415-4737, or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 27th day of July 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Peter S. Tam, Acting Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation