ML19305E176: Difference between revisions
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The State of Minnesota, by its Attorney General, Warren Spannaus, and its Pollution Control Agency, (hereinafter " State of Minnesota") hereby requests that a hearing be held and moves the Nuclear Regulatory Commission (hereinafter " Commission") for leave to intervene with respect to the Commission's consideration of the request of Northern States Power Company (hereinafter " Licensee") | The State of Minnesota, by its Attorney General, Warren Spannaus, and its Pollution Control Agency, (hereinafter " State of Minnesota") hereby requests that a hearing be held and moves the Nuclear Regulatory Commission (hereinafter " Commission") for leave to intervene with respect to the Commission's consideration of the request of Northern States Power Company (hereinafter " Licensee") | ||
for a modification to the spent fuel storage pool of the Prairie Island Nuclear Generating Station Unit Nos. 1 and 2 and for con-current issuances of amendments to Facility Operating License Nos. | for a modification to the spent fuel storage pool of the Prairie Island Nuclear Generating Station Unit Nos. 1 and 2 and for con-current issuances of amendments to Facility Operating License Nos. | ||
DPR-42 and DPR-60. This Request for Hearing and Petition for Leave to Intervene is filed pursuant to Section 2.714 of Title 10 | DPR-42 and DPR-60. This Request for Hearing and Petition for Leave to Intervene is filed pursuant to Section 2.714 of Title 10 of the Code of Federal Regulations Part 2 and the notice of the Commission's consideration of the Licensee's application which was published at 45 Fed. Reg. 16056 (March 12, 1980). | ||
INTEREST OF THE STATE OF MINNESOTA Warren Spannaus is the Attorney General of the State of Minnesota and is generally charged with enforcement of all laws of this State (Minn. Stat. S8.01 et seg. (1978)), and is specifically i | |||
of the Code of Federal Regulations Part 2 and the notice of the Commission's consideration of the Licensee's application which was published at 45 Fed. Reg. 16056 (March 12, 1980). | |||
INTEREST OF THE STATE OF MINNESOTA Warren Spannaus is the Attorney General of the State of Minnesota and is generally charged with enforcement of all laws of | |||
this State (Minn. Stat. S8.01 et seg. (1978)), and is specifically i | |||
8 0 0 4 2 3 0<08g | 8 0 0 4 2 3 0<08g | ||
i charged with the enforcement of all laws relating to air, land and water pollution (Minn. Stat. 5115.071 (1978)). | i charged with the enforcement of all laws relating to air, land and water pollution (Minn. Stat. 5115.071 (1978)). | ||
The Minnesota Pollution Control Agency (hereinafter "MPCA") | The Minnesota Pollution Control Agency (hereinafter "MPCA") | ||
| Line 41: | Line 30: | ||
The State of Minnesota as a whole has evinced concern for the Licensee's amendment request. At the present time the Minnesota Energy Agency is conducting a hearing on the Licensee's applica-tion for a certificate of need, which is required by Minn. | The State of Minnesota as a whole has evinced concern for the Licensee's amendment request. At the present time the Minnesota Energy Agency is conducting a hearing on the Licensee's applica-tion for a certificate of need, which is required by Minn. | ||
Stat. Sll6H.13 (1978) to be obtained by the Licensee before it may proceed with its proposal. In addition, the Minnesota Environmental Quality Board will be holding a hearing beginning on May 1, 1980, to address the question of whether a State Environmental Impact Statement should be prepared concerning the Licensee's proposed action. The MPCA will be participating as parties in both of those State administrative hearings. The State of Minnesota has an interest in making sure that the Commission does not take final action on the Licensee's amendment request until the State evaluations of the project have been completed. | Stat. Sll6H.13 (1978) to be obtained by the Licensee before it may proceed with its proposal. In addition, the Minnesota Environmental Quality Board will be holding a hearing beginning on May 1, 1980, to address the question of whether a State Environmental Impact Statement should be prepared concerning the Licensee's proposed action. The MPCA will be participating as parties in both of those State administrative hearings. The State of Minnesota has an interest in making sure that the Commission does not take final action on the Licensee's amendment request until the State evaluations of the project have been completed. | ||
If the Licensee's request is granted, the spent fuel pool at Prairie Island will have an authorized storage capacity almost eight times that of the original design capacity. The use of Pool No. 1 for the routine storage of spent fuel, the increased con-sequences of an accident which may result from the increased amount of spent fuel stored on the site, and other aspects of the proposed action may create a hazard to the health and safety of the residents of the State of Minnesota. The State of Minnesota seeks to ensure that, if it is determined that the proposed action or a portion thereof is necessary, any modification of the spent fuel storage pool shall be designed, constructed, operated and maintained in such a manner as to prevent adverse environmental and health effects within the State of Minnesota and to prevent hazards to public health resulting from additional storage of spent fuel. | If the Licensee's request is granted, the spent fuel pool at Prairie Island will have an authorized storage capacity almost eight times that of the original design capacity. The use of Pool No. 1 for the routine storage of spent fuel, the increased con-sequences of an accident which may result from the increased amount of spent fuel stored on the site, and other aspects of the proposed action may create a hazard to the health and safety of the residents of the State of Minnesota. The State of Minnesota seeks to ensure that, if it is determined that the proposed action or a portion thereof is necessary, any modification of the spent fuel storage pool shall be designed, constructed, operated and maintained in such a manner as to prevent adverse environmental and health effects within the State of Minnesota and to prevent hazards to public health resulting from additional storage of spent fuel. | ||
8 NEED FOR A HEARING It is necesscry to have a public hearing to fully consider the issues which the State of Minnesota intends to file pursuant to Section 2.714(b) of Part 2 of the Code of Federal Regulations. | 8 NEED FOR A HEARING It is necesscry to have a public hearing to fully consider the issues which the State of Minnesota intends to file pursuant to Section 2.714(b) of Part 2 of the Code of Federal Regulations. | ||
CONTENTIONS Pursuant to Section 2.714(b) of Part 2 of the Code of Federal Regulations, the State of Minnesota intends to timely file a supplemental pleading setting forth its contentions and the bases therefor. | CONTENTIONS Pursuant to Section 2.714(b) of Part 2 of the Code of Federal Regulations, the State of Minnesota intends to timely file a supplemental pleading setting forth its contentions and the bases therefor. | ||
CONCLUSION Petitioner State of Minnesota prays for a public hearing to consider the Licensee's request for a license amendment to allow | CONCLUSION Petitioner State of Minnesota prays for a public hearing to consider the Licensee's request for a license amendment to allow moditication of the spent tuel storage pool to increase the capa-city thereof. Petitioner prays for leave to intervene and to be admitted as a party in such hearing. Petitioner prays that until all of its contentions are satisfactorily answered and resolved, no license amendment should issue. Petitioner further prays that no license amendment should issue until the State of Minnesota has completed its administrative proceedings concerning both the Licensee's application for a certificate of need and the state's environmental evaluation, including an Environmental Impact Statement, if one is ordered, on the proposed action of the l | ||
moditication of the spent tuel storage pool to increase the capa-city thereof. Petitioner prays for leave to intervene and to be admitted as a party in such hearing. Petitioner prays that until all of its contentions are satisfactorily answered and resolved, no license amendment should issue. Petitioner further prays that no license amendment should issue until the State of Minnesota has completed its administrative proceedings concerning both the Licensee's application for a certificate of need and the state's environmental evaluation, including an Environmental Impact Statement, if one is ordered, on the proposed action of the l | |||
Licensee. | Licensee. | ||
i l | i l | ||
l | l | ||
O | O 5 | ||
All correspondence and pleadings related to this Petition should be addressed to Marlene E. Senechal, Special Assistant Attorney General and Jocelyn F. Olson, Special Assistant Attorney General, Minnesota Pollution Control Agency, 1935 W. | |||
County Road B2, Roseville, Minnesota 55113, telephone: (612) 296-7342. | County Road B2, Roseville, Minnesota 55113, telephone: (612) 296-7342. | ||
Respectfully submitted, WARRAN SPANNAUS Attorney General s | Respectfully submitted, WARRAN SPANNAUS Attorney General s | ||
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Jfo elyn f. Olson l Special/ Assistant Attorney General Counsel for the State | Jfo elyn f. Olson l Special/ Assistant Attorney General Counsel for the State | ||
. of Minnesota t | . of Minnesota t | ||
B 1 | B 1 | ||
> o | > o | ||
.}} | .}} | ||
Latest revision as of 13:25, 1 February 2020
| ML19305E176 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 03/31/1980 |
| From: | Olson J, Senechal M MINNESOTA, STATE OF |
| To: | |
| References | |
| NUDOCS 8004230088 | |
| Download: ML19305E176 (5) | |
Text
- . -
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of DOCKET NOS. 50-282 50-306 NORTHERN STATES POWER COMPANY Prairie Island Nuclear REQUEST FOR HEARING Generating Plant, Units 1 AND PETITION FOR and 2 LEAVE TO INTERVENE (Spent Fuel Pool Modification)
The State of Minnesota, by its Attorney General, Warren Spannaus, and its Pollution Control Agency, (hereinafter " State of Minnesota") hereby requests that a hearing be held and moves the Nuclear Regulatory Commission (hereinafter " Commission") for leave to intervene with respect to the Commission's consideration of the request of Northern States Power Company (hereinafter " Licensee")
for a modification to the spent fuel storage pool of the Prairie Island Nuclear Generating Station Unit Nos. 1 and 2 and for con-current issuances of amendments to Facility Operating License Nos.
DPR-42 and DPR-60. This Request for Hearing and Petition for Leave to Intervene is filed pursuant to Section 2.714 of Title 10 of the Code of Federal Regulations Part 2 and the notice of the Commission's consideration of the Licensee's application which was published at 45 Fed. Reg. 16056 (March 12, 1980).
INTEREST OF THE STATE OF MINNESOTA Warren Spannaus is the Attorney General of the State of Minnesota and is generally charged with enforcement of all laws of this State (Minn. Stat. S8.01 et seg. (1978)), and is specifically i
8 0 0 4 2 3 0<08g
i charged with the enforcement of all laws relating to air, land and water pollution (Minn. Stat. 5115.071 (1978)).
The Minnesota Pollution Control Agency (hereinafter "MPCA")
is an agency of the State of Minnesota. It is charged with regu-latory responsibilities in the environmental areas of air quality, water quality, solid and hazardous waste, and noise pollution. As such, the Prairie Island nuclear generating f acility is subject to MPCA regulation for all radioactive air emissions as well as all non-radioactive discharges and emissions.
The State of Minnesota has an interest in the storage of additional radioactive spent fuel at the Prairie Island site which may create a hazard to the citizens of the State. The Licensee's proposed license revision was not considered during the licensing proceedings for Prairie Island nor was it considered in the Final Safety Analysis Report (FSAR) for Prairie Island. The proposed modification in the operation of the spent fuel pool differs significantly from the method of operation treated in the FSAR for Prairie Island. Thus the State of Minnesota has an interest in a full examination of the proposed license revision to ensure that public health and safety will be protected.
The State of Minnesota as a whole has evinced concern for the Licensee's amendment request. At the present time the Minnesota Energy Agency is conducting a hearing on the Licensee's applica-tion for a certificate of need, which is required by Minn.
Stat. Sll6H.13 (1978) to be obtained by the Licensee before it may proceed with its proposal. In addition, the Minnesota Environmental Quality Board will be holding a hearing beginning on May 1, 1980, to address the question of whether a State Environmental Impact Statement should be prepared concerning the Licensee's proposed action. The MPCA will be participating as parties in both of those State administrative hearings. The State of Minnesota has an interest in making sure that the Commission does not take final action on the Licensee's amendment request until the State evaluations of the project have been completed.
If the Licensee's request is granted, the spent fuel pool at Prairie Island will have an authorized storage capacity almost eight times that of the original design capacity. The use of Pool No. 1 for the routine storage of spent fuel, the increased con-sequences of an accident which may result from the increased amount of spent fuel stored on the site, and other aspects of the proposed action may create a hazard to the health and safety of the residents of the State of Minnesota. The State of Minnesota seeks to ensure that, if it is determined that the proposed action or a portion thereof is necessary, any modification of the spent fuel storage pool shall be designed, constructed, operated and maintained in such a manner as to prevent adverse environmental and health effects within the State of Minnesota and to prevent hazards to public health resulting from additional storage of spent fuel.
8 NEED FOR A HEARING It is necesscry to have a public hearing to fully consider the issues which the State of Minnesota intends to file pursuant to Section 2.714(b) of Part 2 of the Code of Federal Regulations.
CONTENTIONS Pursuant to Section 2.714(b) of Part 2 of the Code of Federal Regulations, the State of Minnesota intends to timely file a supplemental pleading setting forth its contentions and the bases therefor.
CONCLUSION Petitioner State of Minnesota prays for a public hearing to consider the Licensee's request for a license amendment to allow moditication of the spent tuel storage pool to increase the capa-city thereof. Petitioner prays for leave to intervene and to be admitted as a party in such hearing. Petitioner prays that until all of its contentions are satisfactorily answered and resolved, no license amendment should issue. Petitioner further prays that no license amendment should issue until the State of Minnesota has completed its administrative proceedings concerning both the Licensee's application for a certificate of need and the state's environmental evaluation, including an Environmental Impact Statement, if one is ordered, on the proposed action of the l
Licensee.
i l
l
O 5
All correspondence and pleadings related to this Petition should be addressed to Marlene E. Senechal, Special Assistant Attorney General and Jocelyn F. Olson, Special Assistant Attorney General, Minnesota Pollution Control Agency, 1935 W.
County Road B2, Roseville, Minnesota 55113, telephone: (612) 296-7342.
Respectfully submitted, WARRAN SPANNAUS Attorney General s
inaduaS. L L 4C;)g Marlene E. Senechal Special Assistant 9V Attorney General F1 diL - L ,
Jfo elyn f. Olson l Special/ Assistant Attorney General Counsel for the State
. of Minnesota t
B 1
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.