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| issue date = 01/16/2009
| issue date = 01/16/2009
| title = 2009/01/16-Notice of Hearing (Application for 20-Year License Renewal)
| title = 2009/01/16-Notice of Hearing (Application for 20-Year License Renewal)
| author name = Froehlich W J
| author name = Froehlich W
| author affiliation = NRC/ASLBP
| author affiliation = NRC/ASLBP
| addressee name =  
| addressee name =  
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| page count = 7
| page count = 7
| project =  
| project =  
| stage = Request
| stage = Other
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{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
{{#Wiki_filter:UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Northern States Power Co. (formerly Nuclear Management Company, LLC)  
William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of                                     Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co. (formerly Nuclear Management Company, LLC)                             ASLBP No. 08-871-01-LR (Prairie Island Nuclear Generating Plant, Units 1 and 2)                                             January 16, 2009 NOTICE OF HEARING (Application for 20-year License Renewal)
 
This proceeding concerns the application filed April 11, 2008 by Nuclear Management Company, LLC1 to renew Operating License Nos. DPR-042 and DPR-060 for the Prairie Island Nuclear Generating Plant (PINGP), Units 1 and 2, for an additional 20 years.2 The PINGP is located near the city of Red Wing, in Goodhue County, Minnesota. The current licenses expire on August 9, 2013 for Unit 1 and on October 29, 2014 for Unit 2.
(Prairie Island Nuclear Generating Plant, Units 1 and 2)  
On June 17, 2008, the Nuclear Regulatory Commission (NRC or Commission) published a notice of opportunity for hearing regarding this license renewal application (Application or LRA).3 The hearing notice permitted any person whose interest might be affected by the license 1
 
Since the Application was filed, the NRC has approved the transfer of operating authority over Prairie Island Nuclear Generating Station, Units 1 and 2, from Nuclear Management Company, LLC (NMC) to Northern States Power Company. Order Approving Transfer of License and Conforming Amendment (Sept. 15, 2008) (ADAMS Accession No. ML082521182).
Docket Nos. 50-282-LR and 50-306-LR
2 Application for Renewed Operating Licenses (Apr. 2008) (ADAMS Accession No.
 
ASLBP No. 08-871-01-LR
 
January 16, 2009 NOTICE OF HEARING (Application for 20-year License Renewal)
This proceeding concerns the application filed April 11, 2008 by Nuclear Management Company, LLC 1 to renew Operating License Nos. DPR-042 and DPR-060 for the Prairie Island Nuclear Generating Plant (PINGP), Units 1 and 2, for an additional 20 years.
2 The PINGP is located near the city of Red Wing, in Goodhue County, Minnesota. The current licenses expire on August 9, 2013 for Unit 1 and on October 29, 2014 for Unit 2. On June 17, 2008, the Nuclear Regulatory Commission (NRC or Commission) published a notice of opportunity for hearing regarding this license renewal application (Application or  
 
LRA).3 The hearing notice permitted any person whose interest might be affected by the license 1 Since the Application was filed, the NRC has ap proved the transfer of operating authority over Prairie Island Nuclear Generating Station, Units 1 and 2, from Nuclear Management Company, LLC (NMC) to Northern States Power Company. Order Approving Transfer of License and Conforming Amendment (Sept. 15, 2008) (ADAMS Accession No. ML082521182).  
 
2 Application for Renewed Operating Lic enses (Apr. 2008) (ADAMS Accession No.
ML081130673).
ML081130673).
3 73 Fed. Reg. 34,335 (June 17, 2008).
3 73 Fed. Reg. 34,335 (June 17, 2008).
renewal to file a request for hearing and petition for leave to intervene within 60 days of the hearing notice. On August 18, 2008, PIIC filed a petition to intervene containing eleven proposed contentions and requesting an adjudicatory hearing.
 
4 The Board heard oral arguments on Petitioner's standing and contentions as well as on a motion to strike on October 29, 2008 in Hastings, Minnesota.
renewal to file a request for hearing and petition for leave to intervene within 60 days of the hearing notice. On August 18, 2008, PIIC filed a petition to intervene containing eleven proposed contentions and requesting an adjudicatory hearing.4 The Board heard oral arguments on Petitioners standing and contentions as well as on a motion to strike on October 29, 2008 in Hastings, Minnesota.5 On December 5, 2008, the Licensing Board issued a Memorandum and Order,6 which granted PIIC party status and admitted seven contentions. The admitted contentions are as follows:
5 On December 5, 2008, the Licensing Board issued a Memorandum and Order, 6 which granted PIIC party status and admitted seven contentions. The admitted contentions are as follows: 1. Contention 1 - The ER in the LRA does not provide an adequate analysis of historical and archaeological resources that may be affected by the proposed license renewal. The LRA does not include information concerning pitfalls that could adversely affect the plan to avoid damage to Historical and Archaeological Resources.  
: 1. Contention 1 - The ER in the LRA does not provide an adequate analysis of historical and archaeological resources that may be affected by the proposed license renewal. The LRA does not include information concerning pitfalls that could adversely affect the plan to avoid damage to Historical and Archaeological Resources.
: 2. Contention 2 - The SAMA analysis in the LRA does not accurately reflect the site restoration costs for the area surrounding the PINGP, including the PIIC and its associated Treasure Island complex. The Site Restoration Study methodology should be used to develop more appropriate input for the analysis. 3. Contention 5 - Applicant's environmental report contains a seriously flawed environmental justice analysis that does not adequately assess the impacts of the PINGP on the adjacent minority population.
: 2. Contention 2 - The SAMA analysis in the LRA does not accurately reflect the site restoration costs for the area surrounding the PINGP, including the PIIC and its associated Treasure Island complex. The Site Restoration Study methodology should be used to develop more appropriate input for the analysis.
4 Prairie Island Indian Community Notice of Intent to Participate and Petition to Intervene (Aug. 18, 2008).
: 3. Contention 5 - Applicants environmental report contains a seriously flawed environmental justice analysis that does not adequately assess the impacts of the PINGP on the adjacent minority population.
4 Prairie Island Indian Community Notice of Intent to Participate and Petition to Intervene (Aug. 18, 2008).
5 See Tr. at 1-162.
5 See Tr. at 1-162.
6 Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC __ (Dec. 5, 2008).
6 Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC __
: 4. Contention 6 - The LRA does not include an adequate plan to monitor and manage the effects of aging for containment coatings, whose integrity is directly related to plant safety and the performance of the emergency core cooling systems. 5. Contention 7 - The LRA does not contain an adequate plan to monitor and manage the effects of aging due to embrittlement of the reactor vessel internals. 6. Contention 8 - Section B2.1.27 of the LRA does not contain an adequate plan to monitor the effects of primary water stress corrosion cracking of nickel-alloy components. 7. Contention 11 - The LRA fails to supply sufficient details of the aging management program for flow accelerated corrosion to demonstrate that its effects will be adequately  
(Dec. 5, 2008).
 
: 4. Contention 6 - The LRA does not include an adequate plan to monitor and manage the effects of aging for containment coatings, whose integrity is directly related to plant safety and the performance of the emergency core cooling systems.
managed. The Board also ruled that the procedures of Subpart L shall be used for these admitted contentions.
: 5. Contention 7 - The LRA does not contain an adequate plan to monitor and manage the effects of aging due to embrittlement of the reactor vessel internals.
7 On December 15, 2008, Northern States Power Company (Applicant) filed a motion for reconsideration of LBP-08-26 regarding Contention 5 or in the alternative, for referral to the Commission. The Board denied this motion on January 16, 2009. In light of the foregoing, please take notice that a hearing will be conducted in this proceeding. The Board may conduct an oral argument, 8 may hold pre-hearing conferences, 9 and may conduct evidentiary hearings.
: 6. Contention 8 - Section B2.1.27 of the LRA does not contain an adequate plan to monitor the effects of primary water stress corrosion cracking of nickel-alloy components.
10 In that regard, the parties to this proceeding will be contacted in the near future by the Board's law clerk for purposes of setting up a scheduling  
: 7. Contention 11 - The LRA fails to supply sufficient details of the aging management program for flow accelerated corrosion to demonstrate that its effects will be adequately managed.
 
The Board also ruled that the procedures of Subpart L shall be used for these admitted contentions.7 On December 15, 2008, Northern States Power Company (Applicant) filed a motion for reconsideration of LBP-08-26 regarding Contention 5 or in the alternative, for referral to the Commission. The Board denied this motion on January 16, 2009.
conference.
In light of the foregoing, please take notice that a hearing will be conducted in this proceeding. The Board may conduct an oral argument,8 may hold pre-hearing conferences,9 and may conduct evidentiary hearings.10 In that regard, the parties to this proceeding will be contacted in the near future by the Boards law clerk for purposes of setting up a scheduling conference.11 The public is invited to attend any oral argument, pre-hearing conference, or 7
11 The public is invited to attend any oral argument, pre-hearing conference, or 7 Id. at __ (slip op. at 61); see also 10 C.F.R. §§ 2.1200-.1213.
Id. at __ (slip op. at 61); see also 10 C.F.R. §§ 2.1200-.1213.
8 10 C.F.R. § 2.331.
8 10 C.F.R. § 2.331.
9 Id. § 2.329.
9 Id. § 2.329.
10 Id. § 2.1207.
10 Id. § 2.1207.
11 Id. § 2.332; see also 10 C.F.R. Pt. 2, App. B (II) (Model Milestones for Hearings Conducted under 10 C.F.R. Part 2, Subpart L).
11 Id. § 2.332; see also 10 C.F.R. Pt. 2, App. B (II) (Model Milestones for Hearings Conducted under 10 C.F.R. Part 2, Subpart L).
evidentiary hearing unless otherwise ordered by the Commission.
 
12 Notices of these sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room, located at One White Flint, 11555 Rockville Pike (first floor), Rockville, Maryland, and through the NRC website, http://www.nrc.gov. The Administrative Dispute Resolution Act of 1996 (ADR Act) 13 encourages the use of alternative dispute resolution by Federal agencies.
evidentiary hearing unless otherwise ordered by the Commission.12 Notices of these sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room, located at One White Flint, 11555 Rockville Pike (first floor), Rockville, Maryland, and through the NRC website, http://www.nrc.gov.
14 The parties are encouraged explore voluntary processes, including settlement talks with or without a neutral, to resolve the issues in this case. Upon request, a settlement judge from the ASLBP could be appointed.
The Administrative Dispute Resolution Act of 1996 (ADR Act)13 encourages the use of alternative dispute resolution by Federal agencies.14 The parties are encouraged explore voluntary processes, including settlement talks with or without a neutral, to resolve the issues in this case. Upon request, a settlement judge from the ASLBP could be appointed.15 Additionally, as provided in 10 C.F.R. § 2.315(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statements do not constitute evidence but may assist the Board and/or parties in defining the issues being considered. Persons wishing to submit a written limited appearance statement should send it by mail to the Office of the Secretary, U.S.
15 Additionally, as provided in 10 C.F.R. § 2.315(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statem ents do not constitute evidence but may assist the Board and/or parties in defining the issues being considered. Persons wishing to submit a written limited appearance statement should send it by mail to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings and Adjudications Staff. A copy of the statement should also be served on the Chairman of this Atomic Safety and Licensing Board by mail to the Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. At a later date, the Board may entertain oral limited appearance statements at a location or locations in the vicinity of the Prairie Island facility. Notice of any oral limited appearance sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room and on the NRC website, http://www.nrc.gov.
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings and Adjudications Staff. A copy of the statement should also be served on the Chairman of this Atomic Safety and Licensing Board by mail to the Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. At a later date, the Board may entertain oral limited appearance statements at a location or locations in the vicinity of the Prairie Island facility. Notice of any oral limited appearance sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room and on the NRC website, http://www.nrc.gov.
12 10 C.F.R. § 2.328.
12 10 C.F.R. § 2.328.
13 5 U.S.C. §§ 571-584.
13 5 U.S.C. §§ 571-584.
14 Pub. L. No. 104-320, § 4(a), 110 Stat. 3871 (1996).
14 Pub. L. No. 104-320, § 4(a), 110 Stat. 3871 (1996).
15 See 10 C.F.R. § 2.338(b).
15 See 10 C.F.R. § 2.338(b).
Documents relating to this proceeding are available for public inspection at the NRC's Public Document Room or electronically from the publicly available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC web site at 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 may contact the NRC Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov. It is so ORDERED.        FOR THE ATOMIC SAFETY        AND LICENSING BOARD 16          ________________________
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
Rockville, Maryland January 16, 2009 16 Copies of this order were sent this date by the agency's E-Filing system to counsel for (1) Applicant, Northern States Power Company, (2) Petitioner, Prairie Island Indian Community, and (3) NRC Staff.


UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )
Documents relating to this proceeding are available for public inspection at the NRCs Public Document Room or electronically from the publicly available records component of NRCs document system (ADAMS). ADAMS is accessible from the NRC web site at 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 may contact the NRC Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.
NUCLEAR MANAGEMENT COMPANY, LLC )  Docket Nos. 50-282-LR 
It is so ORDERED.
)     50-306-LR (Prairie Island Nuclear Generating Plant,   )  Units 1 and 2)  )  ) (License Renewal)  )  
FOR THE ATOMIC SAFETY AND LICENSING BOARD16
                                                              /RA/
________________________
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland January 16, 2009 16 Copies of this order were sent this date by the agencys E-Filing system to counsel for (1)
Applicant, Northern States Power Company, (2) Petitioner, Prairie Island Indian Community, and (3) NRC Staff.


UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of                                  )
                                                  )
NUCLEAR MANAGEMENT COMPANY, LLC                  )                  Docket Nos. 50-282-LR
                                                  )                                50-306-LR (Prairie Island Nuclear Generating Plant,      )
Units 1 and 2)                            )
                                                  )
(License Renewal)                              )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL) have been served upon the following persons by Electronic Information Exchange.
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL) have been served upon the following persons by Electronic Information Exchange.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC  20555-0001
Office of Commission Appellate                   U.S. Nuclear Regulatory Commission Adjudication                                  Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission               Mail Stop O-16C1 Washington, DC 20555-0001                         Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov                         Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission.               U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel          Office of the General Counsel Mail Stop T-3F23                                  Mail Stop O-15D21 Washington, DC 20555-0001                        Washington, DC 20555-0001 Edward Williamson, Esq.
 
Administrative Judge William J. Froehlich,        Beth Mizuno, Esq.
E-mail: ocaamail@nrc.gov
Chair                                            David Roth, Esq.
 
E-mail: wjf1@nrc.gov                              Marcia Simon, Esq.
U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001  
 
Hearing Docket
 
E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Washington, DC 20555-0001  
 
Administrative Judge William J. Froehlich, Chair  E-mail: wjf1@nrc.gov
 
Administrative Judge Gary S. Arnold 
 
E-mail: gxa1@nrc.gov Administrative Judge Thomas J. Hirons E-mail:  thomas.hirons@nrc.gov
 
Matthew Rotman, Law Clerk E-mail: mfr1@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop O-15D21 Washington, DC 20555-0001 Edward Williamson, Esq.  
 
Beth Mizuno, Esq. David Roth, Esq. Marcia Simon, Esq.  
 
Brian G. Harris, Esq.
Brian G. Harris, Esq.
Thomas J. Hirons, Esq.
Administrative Judge Gary S. Arnold              Thomas J. Hirons, Esq.
Matthew Rotman, Esq.  
E-mail: gxa1@nrc.gov                              Matthew Rotman, Esq.
 
Brian Newell Administrative Judge Thomas J. Hirons            E-mail: elw2@nrc.gov E-mail: thomas.hirons@nrc.gov                    bnm1@nrc.gov der@nrc.gov mjs5@nrc.gov Matthew Rotman, Law Clerk                        thomas.hirons@nrc.gov E-mail: mfr1@nrc.gov                              brian.harris@nrc.gov bpn1@nrc.gov matthew.rotman@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov
Brian Newell E-mail: elw2@nrc.gov bnm1@nrc.gov der@nrc.gov mjs5@nrc.gov thomas.hirons@nrc.gov brian.harris@nrc.gov bpn1@nrc.gov matthew.rotman@nrc.gov
 
OGC Mail Center :
OGCMailCenter@nrc.gov


2 DOCKET NOS. 50-282 AND 50-306-LR NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL)
2 DOCKET NOS. 50-282 AND 50-306-LR NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL)
Xcel Energy Services, Inc.
Xcel Energy Services, Inc.               Prairie Island Indian Community 414 Nicollet Mall                       5636 Sturgeon Lake Road Minneapolis, Minnesota 55401             Welch, Minnesota 55089 Peter M. Glass,                         Philip R. Mahowald, Esq.
414 Nicollet Mall  
Counsel for Nuclear Management Company, E-mail: pmahowald@piic.org LLC E-mail: peter.m.glass@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.
 
Matias F. Travieso-Diaz, Esq.
Minneapolis, Minnesota 55401 Peter M. Glass, Counsel for Nuclear Management Company, LLC E-mail: peter.m.glass@xcelenergy.com
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com
 
[Original signed by R. L. Giitter]__ ___
Prairie Island Indian Community
Office of the Secretary of the Commission Dated at Rockville, Maryland this 16th day of January 2009}}
 
5636 Sturgeon Lake Road Welch, Minnesota  55089
 
Philip R. Mahowald, Esq.
 
E-mail: pmahowald@piic.org Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP  
 
2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.  
 
Matias F. Travieso-Diaz, Esq.  
 
E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com
 
  [Original signed by R. L. Giitter]__     ___
Office of the Secretary of the Commission  
 
Dated at Rockville, Maryland  
 
this 16 th day of January 2009}}

Latest revision as of 09:50, 14 November 2019

2009/01/16-Notice of Hearing (Application for 20-Year License Renewal)
ML090160333
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 01/16/2009
From: William Froehlich
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, Prairie Island 50-282 and 50-306-LR, RAS 2137
Download: ML090160333 (7)
v • d • e


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

William J. Froehlich, Chairman Dr. Gary S. Arnold Dr. Thomas J. Hirons In the Matter of Docket Nos. 50-282-LR and 50-306-LR Northern States Power Co. (formerly Nuclear Management Company, LLC) ASLBP No. 08-871-01-LR (Prairie Island Nuclear Generating Plant, Units 1 and 2) January 16, 2009 NOTICE OF HEARING (Application for 20-year License Renewal)

This proceeding concerns the application filed April 11, 2008 by Nuclear Management Company, LLC1 to renew Operating License Nos. DPR-042 and DPR-060 for the Prairie Island Nuclear Generating Plant (PINGP), Units 1 and 2, for an additional 20 years.2 The PINGP is located near the city of Red Wing, in Goodhue County, Minnesota. The current licenses expire on August 9, 2013 for Unit 1 and on October 29, 2014 for Unit 2.

On June 17, 2008, the Nuclear Regulatory Commission (NRC or Commission) published a notice of opportunity for hearing regarding this license renewal application (Application or LRA).3 The hearing notice permitted any person whose interest might be affected by the license 1

Since the Application was filed, the NRC has approved the transfer of operating authority over Prairie Island Nuclear Generating Station, Units 1 and 2, from Nuclear Management Company, LLC (NMC) to Northern States Power Company. Order Approving Transfer of License and Conforming Amendment (Sept. 15, 2008) (ADAMS Accession No. ML082521182).

2 Application for Renewed Operating Licenses (Apr. 2008) (ADAMS Accession No.

ML081130673).

3 73 Fed. Reg. 34,335 (June 17, 2008).

renewal to file a request for hearing and petition for leave to intervene within 60 days of the hearing notice. On August 18, 2008, PIIC filed a petition to intervene containing eleven proposed contentions and requesting an adjudicatory hearing.4 The Board heard oral arguments on Petitioners standing and contentions as well as on a motion to strike on October 29, 2008 in Hastings, Minnesota.5 On December 5, 2008, the Licensing Board issued a Memorandum and Order,6 which granted PIIC party status and admitted seven contentions. The admitted contentions are as follows:

1. Contention 1 - The ER in the LRA does not provide an adequate analysis of historical and archaeological resources that may be affected by the proposed license renewal. The LRA does not include information concerning pitfalls that could adversely affect the plan to avoid damage to Historical and Archaeological Resources.
2. Contention 2 - The SAMA analysis in the LRA does not accurately reflect the site restoration costs for the area surrounding the PINGP, including the PIIC and its associated Treasure Island complex. The Site Restoration Study methodology should be used to develop more appropriate input for the analysis.
3. Contention 5 - Applicants environmental report contains a seriously flawed environmental justice analysis that does not adequately assess the impacts of the PINGP on the adjacent minority population.

4 Prairie Island Indian Community Notice of Intent to Participate and Petition to Intervene (Aug. 18, 2008).

5 See Tr. at 1-162.

6 Northern States Power Co. (Prairie Island Nuclear Generating Plant), LBP-08-26, 68 NRC __

(Dec. 5, 2008).

4. Contention 6 - The LRA does not include an adequate plan to monitor and manage the effects of aging for containment coatings, whose integrity is directly related to plant safety and the performance of the emergency core cooling systems.
5. Contention 7 - The LRA does not contain an adequate plan to monitor and manage the effects of aging due to embrittlement of the reactor vessel internals.
6. Contention 8 - Section B2.1.27 of the LRA does not contain an adequate plan to monitor the effects of primary water stress corrosion cracking of nickel-alloy components.
7. Contention 11 - The LRA fails to supply sufficient details of the aging management program for flow accelerated corrosion to demonstrate that its effects will be adequately managed.

The Board also ruled that the procedures of Subpart L shall be used for these admitted contentions.7 On December 15, 2008, Northern States Power Company (Applicant) filed a motion for reconsideration of LBP-08-26 regarding Contention 5 or in the alternative, for referral to the Commission. The Board denied this motion on January 16, 2009.

In light of the foregoing, please take notice that a hearing will be conducted in this proceeding. The Board may conduct an oral argument,8 may hold pre-hearing conferences,9 and may conduct evidentiary hearings.10 In that regard, the parties to this proceeding will be contacted in the near future by the Boards law clerk for purposes of setting up a scheduling conference.11 The public is invited to attend any oral argument, pre-hearing conference, or 7

Id. at __ (slip op. at 61); see also 10 C.F.R. §§ 2.1200-.1213.

8 10 C.F.R. § 2.331.

9 Id. § 2.329.

10 Id. § 2.1207.

11 Id. § 2.332; see also 10 C.F.R. Pt. 2, App. B (II) (Model Milestones for Hearings Conducted under 10 C.F.R. Part 2, Subpart L).

evidentiary hearing unless otherwise ordered by the Commission.12 Notices of these sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room, located at One White Flint, 11555 Rockville Pike (first floor), Rockville, Maryland, and through the NRC website, http://www.nrc.gov.

The Administrative Dispute Resolution Act of 1996 (ADR Act)13 encourages the use of alternative dispute resolution by Federal agencies.14 The parties are encouraged explore voluntary processes, including settlement talks with or without a neutral, to resolve the issues in this case. Upon request, a settlement judge from the ASLBP could be appointed.15 Additionally, as provided in 10 C.F.R. § 2.315(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statements do not constitute evidence but may assist the Board and/or parties in defining the issues being considered. Persons wishing to submit a written limited appearance statement should send it by mail to the Office of the Secretary, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings and Adjudications Staff. A copy of the statement should also be served on the Chairman of this Atomic Safety and Licensing Board by mail to the Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. At a later date, the Board may entertain oral limited appearance statements at a location or locations in the vicinity of the Prairie Island facility. Notice of any oral limited appearance sessions will be published in the Federal Register and/or made available to the public at the NRC Public Document Room and on the NRC website, http://www.nrc.gov.

12 10 C.F.R. § 2.328.

13 5 U.S.C. §§ 571-584.

14 Pub. L. No. 104-320, § 4(a), 110 Stat. 3871 (1996).

15 See 10 C.F.R. § 2.338(b).

Documents relating to this proceeding are available for public inspection at the NRCs Public Document Room or electronically from the publicly available records component of NRCs document system (ADAMS). ADAMS is accessible from the NRC web site at 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 may contact the NRC Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD16

/RA/

________________________

William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland January 16, 2009 16 Copies of this order were sent this date by the agencys E-Filing system to counsel for (1)

Applicant, Northern States Power Company, (2) Petitioner, Prairie Island Indian Community, and (3) NRC Staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

NUCLEAR MANAGEMENT COMPANY, LLC ) Docket Nos. 50-282-LR

) 50-306-LR (Prairie Island Nuclear Generating Plant, )

Units 1 and 2) )

)

(License Renewal) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL) have been served upon the following persons by Electronic Information Exchange.

Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Hearing Docket E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop T-3F23 Mail Stop O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Edward Williamson, Esq.

Administrative Judge William J. Froehlich, Beth Mizuno, Esq.

Chair David Roth, Esq.

E-mail: wjf1@nrc.gov Marcia Simon, Esq.

Brian G. Harris, Esq.

Administrative Judge Gary S. Arnold Thomas J. Hirons, Esq.

E-mail: gxa1@nrc.gov Matthew Rotman, Esq.

Brian Newell Administrative Judge Thomas J. Hirons E-mail: elw2@nrc.gov E-mail: thomas.hirons@nrc.gov bnm1@nrc.gov der@nrc.gov mjs5@nrc.gov Matthew Rotman, Law Clerk thomas.hirons@nrc.gov E-mail: mfr1@nrc.gov brian.harris@nrc.gov bpn1@nrc.gov matthew.rotman@nrc.gov OGC Mail Center : OGCMailCenter@nrc.gov

2 DOCKET NOS. 50-282 AND 50-306-LR NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL)

Xcel Energy Services, Inc. Prairie Island Indian Community 414 Nicollet Mall 5636 Sturgeon Lake Road Minneapolis, Minnesota 55401 Welch, Minnesota 55089 Peter M. Glass, Philip R. Mahowald, Esq.

Counsel for Nuclear Management Company, E-mail: pmahowald@piic.org LLC E-mail: peter.m.glass@xcelenergy.com Nuclear Management Company, LLC Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, NW Washington, DC 20037-1122 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com

[Original signed by R. L. Giitter]__ ___

Office of the Secretary of the Commission Dated at Rockville, Maryland this 16th day of January 2009

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