ML20078R083
| ML20078R083 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 10/25/1983 |
| From: | Vassallo D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20078R087 | List: |
| References | |
| NUDOCS 8311140340 | |
| Download: ML20078R083 (7) | |
Text
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION NORTHERN STATES POWER COMPANY DOCKET NO. 50-263 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-22, issued to Northern States Power Company (the licensee), for operation of the Monticello Nuclear Generating Plant located in Wright County, Minnesota.
The proposed revisions to the Technical Specifications would provide for an expanded Radiation Protection Program requirement and. limit the extent of required Operations Committee review of radiation protection pirocedures.
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The Radiation Protection Program, consistent with the requirements of 10 CFR Part 20, would consist of a Plan and Procedures. The Radiation Protection Plan would be a complete and concise statement of radiation protection policy and program. The procedures would implement the requirements of the Radiation Protection Plan. Operations Committee review of the radiation protection procedures will be omitted only for those non-safety related procedures governing work activities exclusively applicable to or perfomed by the health physics personnel. Other changes proposed in the September 24, 1982 application are being noticed separately.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Ai:t) and the Commission's regulations.
8311140340 831025
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' The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commf ssion's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability er consequences of an accident previously evaluated; or (2) create the po'ssibility of a new or different kind of accident from any accident previously evaluated: or (3) involve a significant reduction in a margin of safety.
The Commission has provided guidance concerning the application of the standards for detemining whether a significant hazards consideration exists by providing certain examples. The example of actions involving no signifi-cant hazards consideration include actions which are (1) purely administrative change to the Technical Specifications.
The proposed revisions to the Technical Specifications for expanding the Radiation Protection Program requirements and limiting the extent of I
required Operations Committee review of radiation protection procedures are encompassed by this example. The Radiation Protection Program would be a i
fomalized program of policy and procedures. Operations Committee review would be omitted only for those non-safety related procedures governing work activities exclusively applicable to or perfomed by the health physics per-sonnel. The proposed changes are administrative in nature and do not affect any safety-related functions.
Therefore, since the application for amendment involves proposed changes that are administrative in nature and are similar to the examples for which no significant hazards consideration exists, the staff has made a proposed detemination that the application involves no significant hazards consideration.
7590-01
-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. The Commission will not normally make a final determination unless it receives a request for a hearing.
- Comments should be addressed to the Secretary of.the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C.
20555, Attn: Docketing and Service Branch.
By Movember 30, 1983, the li.censee 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 participa)& as'a party in the proceeding must file a written -
petition for leave to intervene.
Request for a hearing and petitions 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.
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 i
l or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an aopropriate 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 De,tition should specifically explain the reasons why intervention should be permitted with particular reference to the following facters:
(1) the nature of the petitioner's right under the Act to be made a party to the proceeding;
7590-01
. (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 which may be entered in the proceeding on the petitioner's interest.
fhepetition 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 fifteen (15) days prior to the first prehearing coriference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen, {15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shail 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, and the bases for each contention set forth with reasonable specificity.
Contentions shall be limited to matters within the scope of the amendment under consideration.
A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will r.ot 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 determina-tion will serve to decide when the hearing is held.
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7590-01 5-if the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it 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 involves a significant 1:
hazards consideration, any hearihg held would take place before the issuance of any amendment. _
- Normally, the Commission will not issue the amendment until the expir-ation 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 dena' ting 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 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.
' 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, t
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7590-01 Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, 1717 H Street, N.W.,
Washington, D.C., by the above date.
Where petitions are filed during the last ten (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.
i Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 ano the following message addressed to Domenic B. Vassallo:
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 Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to G&rald Charnoff, Esq., Shaw, Pittman, Potts and Trowbridge,1800 M Street, N. W., Washington, D.C.
20036, 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 a'bsent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.
That cetermination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
/o90-01 7-For further details with respect to this action,-see the application for amendment which is available for public~ inspection at the Commission's Public Document Room,1717 H Street, N.W., Washington, D.C., and at the Environmental Conservation Library, Minneapolis Public Lit.ary, 300 Nicollet Mall, Minneapolis, Minnesota.
Cated at Bethesda, Maryland, this 25th day of October,1983.
FOR THE NUCLEAR REGULATORY COMMISSION Domenic B. Vassallo, Chief Operating Reactors Branch #2 Division of Licensing t
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