ML20127P528

Memorandum & Order Granting Petition for Leave to Intervene Filed by Minnesota Pollution Control Agency Re Proposed Changes to Plant TS

ML20127P528
Person / Time
Site:	Monticello
Issue date:	03/11/1975
From:	Lazo R Atomic Safety and Licensing Board Panel
To:	MINNESOTA, STATE OF
Shared Package
ML20127P509	List: ML20127P503 ML20127P528
References
NUDOCS 9212020243
Download: ML20127P528 (3)

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8. WHO 10 UNIT 5D STATES OF AMERICA  : MAR I 21975 u NUCLEAR REGULATORY COMMISSION F &n ct at :curr //

, t.z: tr : :sep ATOMIC S AFETY AND LICE'! SING BOARD q, , h , .,

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1 Robert M. Lazo, Chairman j

Walter H. Jordan, Member Richard F. Cole, Member ,

In the Matter of ) Docket No. 50-263 i

(OL Amendment)

NORTHERN STATES POWER COMPANY

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(Monticello Nucicar Generating )

Plant, Unit 1), ,

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_MEMORAh7)UM AND ORDER On July 22, 1974, the Atomic Energy Commission1 !

published'a Notice of Proposed Is.suance of Amendment to .

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Provisional Operating License with respect to Northern State's Tiower Company's (licensee's) Monticello N0c' lear Genernting Plant (the facility), 39 Fed. Reg. 26661.

The propored amendr.ent relates to ope..'. tion of the facillty utilizing a Pretzpt Relief Trip (PRT) sys;em to minimize fuel thermal ef fects which cet:1d result from cortain 9

l abnormal operc.tlonal transients. The notice pro' viced that l any person whose interest may be affected by this proceed-ing may file a petition for leave to intervene in accordance

\ with the Commission's Rules of Practice in 10 CFR Part 2.

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, 1/' The Nuclear Regulatory Commission is the successor.

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l organization to the Atomic Energy Cocimission as provided .

1' by 1cgislation enacted by the Congress in.Public Law 93-438 on October 11, 1974.

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2 On August 20, 1974, the Minnesota Pollution Control Agency (MPCA), an agency of the State of Minnesota, filed

. a timely request that the Commission hold a public hearing on the proposed changes to the Technical Specificatiens of the Monticello plant's provisionni operating license and peitioned for leave to intervene as a party in such a proceeding. .

In its response, Northern States Power Company, the licensee, has stated that it does not object to MPCA's request for hearing. Further, the Commission's Regu3ntor/

Staf f has stated its belief that the petition meets the requirements cf 10 CFR $2.714 because Petitioner has ,

demonstrated the requisite interest and the two contentions specified in the Petition have beer, set forth tith reason-abic specificity and with some basis assigned for the"..

Upon cor.alderction of the aforementioned filings, this Board which has been designated to rule ovi petitions for lenvc to intervene, concludes that a hearing is warranted and that Petitioner, Minnesota Pollution Control Agency, should be admitted as a party. MPCA's Petition provideo sufficient assertien of its interest and 35. the two contentions set forth, identifies the specific aspect of

. the subject matter of the proceeding as to which'it wishes'

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to intervene. Therefore, the Board'hereby grants the petition for leave to intervene filed by MPCA.' Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2) ALAD-107, RA1-73-3 188 at 191 (March 03,1973) .

4 See also: Virginia Electric and Power Company (North .*.nna Power Station, Units 1 and 2) ALAB-140, RAI-73-9 631, at 633 (September 14, 1973). However, it remains for Petitioner to establish to the satisfaction of the Hearing Board which is being established, that genuine issues actually exist.

If that Board is not so satisfied, it may summarily 04.sposc of

'the contention on the basis of the pleadings,,10 CFR 60,740.

A notice of hearing impicmenting this decision is ,

appended to this Memorandum and Order as Attachment A.

Dr. Walter H. Jordan and Dr. Richard F. Cole, Mero.re of the Board, join in this Memorandum and Order.

It ie cu GtDER".D.

l THE ATOMIC SAFETY AND LICE'iSING DOARD DESICN*.T!!D TO R"LE CN PI.TITIONS FOd LEAVE TO INTERVENE

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Rocch .t . L:u.o, Gna14.tn 7 Issued at Bothesda, Maryland -

this lith day of March, 1975 .

Attachment:

As stated above -

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- A1 TAC:IMENT A

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UNITED STATES OF A51 ERICA i

'Y. 'Il NUCLEAR REGULATORY COMMISSION 'EOrM.$$'

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% t.7: p In the Matter of ) ru g NORTHERN STATES POWER COMPAhT ) f0 A nd n (Monticello Nuclear. Generating ) (

Plant, Unit 1) ) . .l NOTICE OF HEARING ON AMENDMENT  !

OF FACILITY OPERATING LICENSE Pursunnt to the Atomic Energy Act of 1954, as anended, l (the Act) and the regula tions in Title 10, Code of Fcdoral .

Regulations, Part 50," I' Licensing of Production and Utilization Fac'11 ties", Part 51, " Licensing and Regulatory Policy and Procedures for Environmental Protection", and

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Part 2, " Rules of Practice", notice is hereby given that a hearing will be held before an Atomic and Safety Licensing Board (Uoard) to consider the application of_ Northc- n S+2tes Power Company (the licensee) for an amendment to Prov',ional Operating Licen::o No. DPR-22 which currently authorizca Northern Stater Power Conpany to possess, use and operate the Monticello Nucient Generating Plant (the facility) *

, i located in Wright County, Minnesota at power +1'evels up to

- 1670 megawatts (thermal). The proposed amendment would .

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. allow operaticn of the facility utilizing a' Prompt Relicf i-u a- .

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2 Trip (PRT) system which provides for a predetermined

. number of safety / relief valves to be actuated promptly following a turbine or generator trip to m'inimize peak pressure and fuel' thermal effects which could result .

from pressurization type abnormal operational t r ar.s i e n t s ,

in accordance with the licensee's application for amendment .

dated January 23, 1974, as supplemented. ,

The hearing which will be sch(duled to begin ia the ,

vicinity of the site of the Monticello facility, will be conducted by an Atomic Safety and Licensing Bo'ard snich has been designated by the Chairman of the Atomic Safety .

and Licensing Board Panel. The Board consists of Dr Walter H. Jordan and Dr. Richard F. Cole, Menbers, and Robert M. Lazo, Esq. , Chairman. ,

A notice of "?roposed Issuance of Amendment to Provisional Op.ratir; License" [No. DPY.-22), was pub 11sned by the Atomic Energy Ccmmission1!i n the Federal P.egister on 1/ The Nuc1;ar Regulatory Commission is the -successor organization to the Atomic Energy Commission as provided by

• 1cgislation cnacted by the Congress in Public Law 93-438 on' October 11, 1974.

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July 22, 1974 (39 F.R. 266G1). The notice provided that

"[o)n or before August 22, 1974, .......... any port,on whose interest may be affected by this proceeding may file a petition for lenve to intervene .......... in,accordance with the Commission's rules of practice in 10 CFR Part 2".

A petition for leave to intervene was filed thereafter by the Minnesota Pollution Control Agency (MPCA), an agency of State of Minnesota. Petitioner, MPCA was admitted as a party to the proceeding pursuant to the provisions of o

10 CFR 12.714.~f .

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A prehearing conference or conferences wi11 be held by the Bcard, at a date and place to be set.by it, to consider pertinent, matters in accordance with the Com;r.is-sion's " Rules of Practice." The date and place' of .he' hearing will be set by the Board at or after the prei.es. ring conference. Sotices as to the dates and places of the prehearing conference and the hearing will de published in the radrral Reciit'r. The specific issues.to be considered at the hearing will be determined by the Board.

2/ Memorandum and Order of the Atomic Safety and Licensing Board desici.ited to rule on petitions !ct lenve to intervene, dated March 11,. 1975..

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For further e t. ails pertiment to the matters under consideration, see (1) the application f or amendment dated .

January 23, 1974, ,and supplements thereto dated' Starch 1, 8 and 19, 1974, and May 13, 1974, and (2) the Coinmission's Safety Evaluation issued March 14, 1974, on " Plan t !!odifica-3 tions - Prcmpt Relief Trip (PRT) and Additional Safety / Relief Va' 1 Blowdown Capacity", which are available for public inspection at the. Commission's Public Document Room, 1717 !! S t ree t , N.W., Washington, D.C., and at the Environ- ,

montal Library .? Minnesota at 1222 SE 4th Street, alinr.v apol is ,

Minnesota 55414.

As they become available, the Commission's Safety Evaluation for use of the PRT and the license amendment.may be inspected at the above locations, A copy of item s' 2) above and, who.. availabic, the Safety Evaluation and th?

I license amenoment may be obtained by request addressed to the U.S. Juclear Regulatory Corr. mission, Washington , D.C.

20555, Attention: Director, Division of Reacter Licensing, Office of Nuclear Reactor Regulation.

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Any perscn who wishes to make an oral or written state-

. ment in this proceeding but who has not filed a petition for ,

leave to intervene as noted above,'may request permission to make a limited appearance pursuant to the provisions of 10 CFR 1 2.715 of the Commission's " Rules of practice."

Limited appearances will be permitted at the time of the hearing in the discretion of the Board, within such limits and on such conditions as may be determined by the Board.

persons desiring to'make a limited appearance are requested to inform the c ecretary of the Commission, United State =

Nucicar Regulatory Commission, Washington, D.C. 20555, not later than thirty (30) days from the date of publication of this notice in the Federal Rpgister. A person permitted to make a limited appearance does not become a party,.but may state his position and raise questions which he ver.uld like to 1a'.'c answered to the extent that the questionc are within the scope of ;he hearing as specilled above. A memb6r of the public'does not have the right'to participate .

unless he han been granted the right to intervene as a party or the right'of limited appearance.

An answcr to this notice, pursuant to the provisions of 10 CFR 52.705 of the Commission's " Rules of Practico", must be filed by the parties to this proceeding (other than the 9

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6 Regulatory Staff) not later than twenty (20) days from the date of publication of this notice in the Federal Register. ,' .

Papers required to be filed in this proceeding may be flied by mail or telegram addressed to the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C. 20555, ATTENTION: Docketing and Service ,

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Section, or may be filed by delivery to the Commission's Public

• Document Room, '1717 H Street , N.W., Washington, D.C.

Pending f"rther order 6f the Hearing Board designated for this proceeding, parties are required to file, pursuant to the provisions of 10 CFR 92.708 of the Commission's *

" Rules of Practice", an original and twenty (20) conformed copics of each such paper with the Commission. . .

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD DESIGNATED TO R"LE ON PETITIONS FOR LEAVE TO INTERVENE.

t A  ?. AST RoberE M. Lazo, Chairm Q Issued ~at Bethesda, Maryland . .

l l this lith day of March, 1975.

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• q. f UNITED STATES Of AMERICA Nt'Ct, EAR nllt'l ATORY CO:l>liSSION I

In the Hatter of )

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NORTHERN STATES PotIER COMPANY ) Docket No.(a) 30 263

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(Monticello Nuclear Cencrating )

Plant, Unit No. 1) )

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CERTITTCATE rr Sra."1CE I hereby certify that I have this day served the foregoing document (s) upon each person designated on the official service list compiled by the Of fice of the Secretary of the Comission in this proceeding in accordance with the require.-ents of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nucicar Regulatory Commission's Rules and Regulations. .

Dated a 1.'a sh i n g t on , .C. thig

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~Of fice c'f the Secretary of the Commission

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UNITED STATES OF AMER'ICA NUCIIAR TICUIATORY C0tD11Sr. ION In the Matter of )

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) D eket No.(s) 50-263 NORTHERN STATES POWER COMPANY

(*4onticello Nuclear Generating Plant, Unit No. 1)

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SERVICC LIST Robert M. Lazo, Chairman llovard J. Vogel, Esq.

Atomic Safety and Licensing Board Legal Counsel U. S. twelear Regulatory commission ' 2750 Dean Parkway Washir.gton, D. C. 20555 Minneapolis, Minnesota 55416 Dr. Richard F. Cole Mr. Steve J.Gadler Atomic Safety and Licensing Board 2120 Carter Avenue U. S. Nuc1 car Regulatory Comission Saint Paul, Minnesota $5108 Washington, D. C. 20555 Dani 1 Fi % Esq.

City Attorney's Of Uce Dr. Walter H. Jordan C Hy hah , 638 881 W. Outer Drive Saint Paul, Minnesota 5510B Oak Ridge,' Tennessee 37830 11 n rable Sandra S. Cardebring Joseph F. Scinto, Esq. SPecial Assistant Attorney General Counsel for URC Staff

' n eso a 1 t on Control Agency Was in .

1935 W. County Road - B2 Roseville, Minnesota $5113 Gerald Charnoff, Esq.

J. E. S11 berg, Esq. Ge firey P. Jarpe, Esq.

Shaw, Pittman, Potts, Trowbridge Maun, Hazel, Green, Hayes, Simon and Madden and Aretz 910 17 th Stree t , N. W. Ham Building, Suite 332 Washington, D.'C. 20006 Saint Paul, Minnesota 55102

• ' Th i onmental Conservation V P i t6O c1 Counsel Northern States Power Company Minneapolis Public Library l 414 Nicollet Mall 300 Nicollet Mall 1.

Minneapolis, Minnesota 55401 ttinneapolis, Minnesota 55401 e

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