ML20127M841

Memorandum & Order.Ruling on Petition for Leave to Intervene

ML20127M841
Person / Time
Site:	Monticello
Issue date:	04/30/1974
From:	Lazo R Atomic Safety and Licensing Board Panel
To:	NORTHERN STATES POWER CO.
Shared Package
ML20127M816	List: ML20127M813 ML20127M830 ML20127M841 ML20127M857 ML20127M861
References
NUDOCS 9211300487
Download: ML20127M841 (4)

Text

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UNITED STATES OF A31 ERICA ATOMIC ENEi10Y COtt.IISSION g)'g.

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BEFORE THE A10'.11C SAFETY AND LICENSING FOARD Robert M Lazo, Chairman Johr. C. Gaver , tienber Walter H. Jordan, Member In the Matter of )

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NORT41ER's STATES POER CO:. PANY )Dochet No. 50-2G3 (Monticello nuclear Generating Plant) )

MEtiORASDL*M AND ORDER RULING 0:! PETITIO'i FOR Li.AYE 10 IMTEil'~"!E On February 10, 1071, the Atomic Energy Commission (the Commission) published in the Federal Renister a Notice of Proposed Changes to Technical Specifications of Facility Operating License with respect to Northern States Powcr Company's (Applicant) Monticello Nuclear Generating Plant (39 F.R. 5520). The proposed change in

. the technical specifications of Provisional Operating ,

License No. DPR-22, would permit the use of a partial laoding of S x S fuel (containing U-235), including a fuel assembly containing segmented test rods, and also would authorize changes to the limiting conditions for operations associated with fuel densification for the S x 8 and 7 x 7 fuels. The Applicant is presently l

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l licensod to possess and operato its facility located

in Tiright County, Minnesota , at power lovels up to i ,.

I 1670 M17t using a full core of 7 x. 7 fuel (containing U-205) .

i 1 The Notico provided that any person whose interest might 4

be affected by the proceeding may filo a request for hear-ing and petition for leave to intervono.

On March 15, 1974, the Minnesota Pollution Control j

Agency (MpCA), an agency of the Stato of Minnesota, filed a timely request that the Commission hold a public hear-ing on the proposed chan;c .to Technical Specifications i

and petitioned fox- leave to intervono as a party in such a proceeding. Both the Applicant and Staff have urged that the petition for leave to intervene be granted.

i On March 21, 1974, Petitioner, by telegram, requested -

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l the Commission to defer ruling on its request for hearing i

, and petition to intervene until Petitioner had an oppor-l -

! tunity to review the Staff's Safety evaluation relating to 8 x 8 fuel.assemblics. Subsequently, during a conference

{ telephone call on April 15, 107', counsel for MpCA, the Regulatory Staf f and the Applicant, advised the Chairman of the Ato ic Safety and Licensing Board (tho' Board) established to rule on petitions for leave- to intoivone l . .

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J in the instant proceeding, that an agreement had boon i

r9 ached whereby the request by MPCA for hearing on tho j proposed change in technical specifications would be I ~

withdrawn provided that the Board would permit tho contentions assertod in that petition to bo raised in

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the presently pending proceeding on the conversion of i

Applicant's provisional oporating license for tbc j

M'nticolio o plant to a full term operating license. A formal motion entitled " Withdrawal of Reque'st for Hearin;; and Petition to Intervone" was filed by MPCA on i Api +11 10, 1974.

The Board hereby grants the motion by MPCA for 4

withdrawal of its request for hearing and petition for leave to intervono and ac c ep t s the agrooment entored

! into by MPCA, the Staff and the Applicant. Said 1

agreement is furtho'r evidenced by a document dated April 1G, 1974,to which neither the Staff nor Applicant

. has objected , entitled " Additional Contentions with Rospect to S x 3 Fuel Assemblics," which MPCA .has filed E

i in the proceeding on the application for conversion of i

the Monticello provisional operating license to a full term oporating license.

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s WHEREFORE, IT IS ORDERED, that in accordanco witn the Atomic Energy Act, as amended, and the Rules of P,ractico of the Commission, the petition of tho '

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Minnesota Pollution Control Agency (MPCA) for a hearing and for leave to intervene is withdratin and no'other i

petition having boon filed, the proceeding designated i

in the Conmission 's February 13, 1974 notico of proposed '

} changes to technical specifications of Provisional Operating Licenso No. DPR-22, is dismissed. .

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FOR THE A10:.11C SAFETY AND LICENSII:G BOAFM designated to rule on petitions 4

for leave to intervono i

k Ms Robert .l. Lazo,Y k i s? )

Chairng i

i Issued at Bothosda, Maryland i-this 30th day of: April 1974, e

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