ML20134B007
| ML20134B007 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 01/23/1997 |
| From: | Adensam E NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20134A998 | List: |
| References | |
| NUDOCS 9701290215 | |
| Download: ML20134B007 (8) | |
Text
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~ 7590-01-P
- UNITED STATES NUCLEAR REGULATORY C0094ISSION ILLINOIS POWER COMPANY SOYLAND POWER COOPERATIVE DOCKET NO 50-461 NOTICE OF CONSIDERATION OF APPROVAL OF TRANSFER OF LICENSE AND ISSUANCE OF CONFORMING LICENSE AMENDMENTS.
PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION.
AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order approving, under 10 CFR 50.80, the transfer of 4
Facility Operating License No. NPF-62, to the extent now held by Soyland Power 1
Cooperative (Soyland), to Illinois Power Company (IP, the licensee) with j
i respect to the Clinton Power Station, Unit No. 1 (CPS), located in DeWitt County, Illinois, and issuance of conforming amendments under 10 CFR 50.90.
l CPS presently is jointly owned by IP (86.79%) and Soyland (13.21%) with IP authorized to act as agent for Soyland and having exclusive responsibility 1
and control over the operation and maintenance of the facility. Soyland is i
proposing to transfer its 13.21% minority ownership interest to IP, resulting in IP becoming the sole owner of CPS. The license would be amended to reflect l
- the transfer of ownership.
! Pursuant to 10 CFR 50.80, the Commission may approve the transfer of a Such license, or any right thereunder, after notice to interested persons.
4 approval is contingent upon the Comission's determination that the proposed transferee is qualified to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders of the i
9701290215 DR 970123 ADOCK 05000461.
i
> I Commission. If the Commission determines that approval should be given, it ,
I will issue an order setting forth its consent to the transfer.
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. Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended i (the Act) and the Connission's regulations.
1 The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's
) regulations in 10 CFR 50.92, this means that operation of the facilities in i accordance with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident previously
) ,
l evaluated; or (2) create the possibility of a new or different kind of ;
accident from any accident previously evaluated; or (3) involve a significant ;
reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee
! has provided its analysis of the issue of no significant hazards !
< f I consideration, which is presented below: j
- 1. The proposed amendment does not involve a significant increase in !
the probability or consequences of an accident previously ,
evaluated because it merely revises the Operating License to indicate the transfer of a minority ownership interest to the 1
l current majority owner and sole operator of the facility. This proposed amendment represents an administrative rather than l operational change and, therefore, has no impact on accidents
! previously evaluated.
l 2. The proposed amendment does not create the possibility of a new or
- different kind of accident from any accident previously evaluated because there will be no change to the plant's physical configuration or operation as a result of this proposed amendment.
- 3. The proposed amendment does not involve a significant reduction in
- the margin of safety because it is only an administrative change and will have no impact on any margin of safety related to the
{ design or operation or the facility.
! I i
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E
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied.
Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.
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.
Normally, the Commission will not issue the amendment until the expiration 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 derating or shutdown of the facility, the Commission may issue the license amendment hefore the expiration of the 30-day notice i
period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider Should the Commission take this all public and State comments received.
action, it will publish in the FEDERAL REGISTER 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.
Written comments may be submitted by mail to the Chief, Rules Review and l Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of i
p __-_ _..____ . _ _ . _ . . _ . - _ _ . _ . . . _.
i written comments received may be examined at the NRC Public Document Room, the a
Gelman Building, 2120 L Street, NW., Washington, DC. -
! The filing of requests for hearing and petitions for leave to intervene .
is discussed below.
ByFebruary 28, 1997, the licensee may file a request for a hearing with i
! respect to the issuance of an order regarding the proposed transfer of the l license to the extent now held by Soyland to IP and issuance of conforming ,
amendments to the subject facility operating license, and any person whose
! interest may be affected by this proceeding and who wishes to participate as a i
j party in the proceeding must file a written request for a hearing and a j 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 f I of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. Interested l persons should consult a current copy of 10 CFR 2.714 which is available at a
the Connission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room located at the Vespasian Warner Public Library, 310 N. Quincy Street, Clinton, IL 61727. If 4
a request for a hearing or petition for leave to intervene is filed by the 4
j above date, the Commission or an Atomic Safety and Licensing Board, designated l by the Consission or by the Chairman of the Atomic Safety and Licensing Board t
' 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 l
an appropriate order.
I 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 1
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petition should 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 made 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 which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the i
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 i
may amend the petition without requesting leave of the Board up to 15 days f 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 which must include a list of the contentions which are i sought to be litigated in the matter. Each contention must consist of a ,
l specific statement of the issue of law or fact to be raised or controverted. j In addition, the petitioner shall provide a brief explanation of the bases of l
' i j 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 :
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aware and on which the petitioner intends to raly to establish those facts or expert opinion. 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 transfer l
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approval or amendments under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which 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 l to any limitations in the order granting leave to intervene, and have the i
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 with respect to the proposed amendments, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held.
f If the final determination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendment and make it imediately 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 request involves a significant hazards consideration, any hearing held would take place before the issuance of any such amendment.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory l Comission, Washington, DC 20555-0001, Attention: Docketing and Services 4 Branch, or may be delivered to the Comission's Public Document Room, the ;
Gelman Building, 2120 L Street, NW., Washington, DC, by the above date. Where petitions are filed during the last 10 days of the notico period, it is requested that the petitioner promptly so inform the Comission by a toll-free 1
telephore call to Western Union at 1-(800) 248-5100 (in Missouri 1-(800) a 342-6700). The Western Union operator should be given Datagram Identificatien Number N1023 and the following message addressed to Gail H. Marcus, Director, Project Directorate III-3: 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 Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washington,
. DC 20555-0001, and to Leah Manning Stetzner, Vice President, General Counsel and Corporate Secretary, 500 South 27th Street, Decatur, Illinois 62525, 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 absent a determination by the Commission, the presiding officer or the presiding 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).
For further details with respect to this action, see the application dated October 17, 1996, as modified and supplemented by letter dated December 13, 1996, regarding the transfer of license and amendment, which are available for public inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room located at the Vespasian 'Jarner Public Library, 310 N. Quincy Street, Clinton, IL 61727. The submittal dated October 17, 1996, originally identified the proposed transferee as 1111 nova Power Marketing, Inc., an unregulated power marketing subsidiar3 of 1111 nova Corporation, the parent of IP. The submittal dated December 13, 1996, modified the original application
such that the proposed transferee is now IP. This notice supersedes that published in the FEDERAL REGISTER on November 6, 1996 (61 FR 57486).
Dated at Rockville, Maryland, this 2?cd day of January 1997 FOR ".HE NUCLEAR REGULATORY COMISSION
! Elinor G. Adensam, Deputy Director Division of Reactor Projects III/IV
< Office of Nuclear Reactor Regulation j l}