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Category:INTERVENTION PETITIONS
MONTHYEARML20129D4771996-10-15015 October 1996 NRC Response to Petition for Leave to Intervene of Minnesota Dept of Public Svc.* Dept Should Be Permitted to Participate as Interested State,If Another Petition Granted. W/Certificate of Svc & Notice of Appearance ML19321B0571980-07-21021 July 1980 Amended Contentions 1 & 2 & Withdrawal of Contention 3.Amend Request Does Not Contain Safety Analysis Re Spent Fuel Storage & Does Not Contain Analysis of Spent Fuel Pool Expansion Consequences.Certificate of Svc Encl ML19316A8941980-04-24024 April 1980 Suppl to 800408 Petition to Intervene Stating Contentions Alleging Absence of Safety Analysis in License Amend Request.Loss of Water in Spent Fuel Pool Is Not Analyzed in Application ML19309G1141980-04-17017 April 1980 Response in Opposition to State of Mn 800409 Request for Hearing & Petition to Intervene.No Rationale or Supporting Authorities Cited as Basis for Request Not to Issue Amend Until State Proceedings Are Completed.W/Certificate of Svc ML19305E1761980-03-31031 March 1980 Request for Hearing and Petition to Intervene Re Spent Fuel Pool Mod.License Amend Should Not Be Issued Until State of Mn Administrative Proceedings Are Completed Re Licensee Application for Certificate of Need & Environ Evaluation 1996-10-15
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20129D4771996-10-15015 October 1996 NRC Response to Petition for Leave to Intervene of Minnesota Dept of Public Svc.* Dept Should Be Permitted to Participate as Interested State,If Another Petition Granted. W/Certificate of Svc & Notice of Appearance ML19321B0571980-07-21021 July 1980 Amended Contentions 1 & 2 & Withdrawal of Contention 3.Amend Request Does Not Contain Safety Analysis Re Spent Fuel Storage & Does Not Contain Analysis of Spent Fuel Pool Expansion Consequences.Certificate of Svc Encl ML19316A8941980-04-24024 April 1980 Suppl to 800408 Petition to Intervene Stating Contentions Alleging Absence of Safety Analysis in License Amend Request.Loss of Water in Spent Fuel Pool Is Not Analyzed in Application ML19309G1141980-04-17017 April 1980 Response in Opposition to State of Mn 800409 Request for Hearing & Petition to Intervene.No Rationale or Supporting Authorities Cited as Basis for Request Not to Issue Amend Until State Proceedings Are Completed.W/Certificate of Svc ML19305E1761980-03-31031 March 1980 Request for Hearing and Petition to Intervene Re Spent Fuel Pool Mod.License Amend Should Not Be Issued Until State of Mn Administrative Proceedings Are Completed Re Licensee Application for Certificate of Need & Environ Evaluation 1996-10-15
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210E5881999-06-30030 June 1999 Comment Supporting Draft Reg Guide DG-1074, Steam Generator Tube Integrity. Northern States Power Endorses Comments Transmitted by NEI Ltr ML20199C2721997-10-27027 October 1997 Comment Supporting Proposed Rules 10CFR50 & 73, Proposed Amends to NRC Requirements for Emergency Preparedness & Security DD-97-18, Director'S Decision DD-97-18 Re 970528 Petition Filed by Prairie Island Indian Community Requesting That USNRC Take Action to Determine That NSP Violated Requirements of 10CFR72.122(i).Request Denied Due to Listed Reasons1997-08-29029 August 1997 Director'S Decision DD-97-18 Re 970528 Petition Filed by Prairie Island Indian Community Requesting That USNRC Take Action to Determine That NSP Violated Requirements of 10CFR72.122(i).Request Denied Due to Listed Reasons ML20216G2821997-08-26026 August 1997 Petition for Rulemaking PRM-72-4 to Suspend for Cause Northern Station Power Co Matl License SNM-2506 Needed to Operate Independent Spent Fuel Storage Installation at Prairie Island Nuclear Generating Plant ML20148Q5641997-06-23023 June 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Prohibits Jl Barnhart from Any Involvement in NRC-licensed Activities for Period of 5 Yrs from Date of Order ML20140E4721997-05-28028 May 1997 Petition by Prairie Island Indian Community,Per 10CFR2.206, Requesting That NRC Determine That NSP Violated Requirements of 10CFR72.122(I) by Using License SNM-2506 for ISFSI Prior to Establishing Conditions for Safely Unloading TN-40 ML20138K1511997-05-0606 May 1997 Comment Supporting Proposed Rule 10CFR73 Re Changes to Nuclear Power Plant Security Requirements ML20148R2451997-04-24024 April 1997 Demand for Info Re Jl Barnhart Contract Employee at NSP, Working Under Temporary Unescorted Access Authorization. NRC Needs Info to Determine Whether Enforcement Action Should Be Taken to Ensure Future Compliance W/Requirements ML20134P6241996-11-26026 November 1996 NRC Staff Response to Florence Township Motion for Dismissal & Request for Hearing.Concludes That Motion Should Be Denied for Reasons Set Forth.W/Certificate of Svc ML20129D4771996-10-15015 October 1996 NRC Response to Petition for Leave to Intervene of Minnesota Dept of Public Svc.* Dept Should Be Permitted to Participate as Interested State,If Another Petition Granted. W/Certificate of Svc & Notice of Appearance ML20117E4051996-08-0909 August 1996 Comment Supporting Proposed Rule 10CFR26 Re Fitness for Duty Rule ML20117K0031996-05-0101 May 1996 Order,Granting Dismissal of Motions by Nsp,Public Utilities Commission & Environ Quality Board for Protective Orders Per Discovery & Plaintiff Motion for Temporary Injunction ML20094J0471995-10-11011 October 1995 Comment on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Fuel or High Level Radwaste ML20085E5261995-06-0606 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20083K2731995-04-28028 April 1995 Comment on Proposed Rule 10CFR50 Re Primary Reactor Containment Leakage Testing for water-cooled Power Reactors. Urges NRC to Support Rev to NEI 94-01 Which Will Allow Use of Two Reduced Pressure Type a Tests as Prerequisites ML20077M6181994-12-30030 December 1994 Comment Re Proposed Rule 10CFR50 Re Low Power Operations for Np Reactors.Util Believes That Pr Will Have Higher Impact than Described in Regulatory Analysis,As Pr Will Extend Refueling Outages at All Plants ML20071H4161994-06-30030 June 1994 Comment Supporting Petition for Rulemaking PRM-20-23 Re Reduction of Radioactive Emission from 100 Mrems to 1 Mrem/Yr ML20059K5201994-01-26026 January 1994 Demand for Info to Determine Whether Commission Can Have Reasonable Assurance That Other Burns Employees & Managers Will Carry Out Licensed Activities W/O Discriminating Against Individuals Re Safety Issues ML20062M4001993-12-30030 December 1993 Comment Supporting NUMARC Position on Proposed Rule 10CFR73 Re Protection Against Malevolent Use of Vehicles at NPPs ML20045G0941993-04-21021 April 1993 Comment on Proposed Rules 10CFR50,52 & 100 Re Nuclear Power Plant Instrumentation for Earthquakes.Nothing Exists Between Monitor Recording Time & CAV Methodology ML20090J9581992-03-12012 March 1992 Comment on Proposed Rule 10CFR51 Re Environ Review of Applications to Renew Operating Licenses for Nuclear Plants. Licensee Endorses NUMARC Comments ML20087F7221992-01-14014 January 1992 Comments on Draft Reg Guide DG-8005, Assessing External Doses from Airborne Radioactive Matls. Disagrees W/Statement That Airborne Concentration Measurements Unreliable ML20086R7431991-12-12012 December 1991 Comment on Draft Reg Guide DG-8006, Control of Access to High & Very High Radiation Areas in Nuclear Power Plants ML20246D8811989-06-30030 June 1989 Comment Supporting Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20235T7391989-02-23023 February 1989 Comment Opposing Proposed Rules 10CFR50 & 55 Re Educ & Experience Requirements for Senior Reactor Operators & Supervisors at Nuclear Power Plants ML20210B8061987-05-0101 May 1987 Order.* NRC 861020 Order Directing Licensee to Show Cause Why OL Should Not Be Modified to Prohibit Use of Radios,Tapes,Television Sets or Other Audible Entertainment Devices Recinded & Proceeding Dismissed.Served on 870501 ML20212N5501987-03-0606 March 1987 NRC Staff Explanation of Health & Safety Basis for Prohibition of Electronic Entertainment Devices in Nuclear Power Plant Control Rooms.* ML20212N5771987-03-0606 March 1987 Affidavit of Jm Taylor Re Health & Safety Basis for Staff Prohibition on Electronic Entertainment Devices in Control Rooms.* Certificate of Svc Encl ML20211D0291987-02-13013 February 1987 Order.* Staff Directed to File W/Commission & Serve on Petitioners & Licensees Detailed Explanation of Health & Safety Basis for 861020 Order Re Use of Audio Equipment in Control Rooms by 870306.Carr Views Encl.Served on 870217 ML20214C4131986-11-12012 November 1986 Affidavit of DE Gilberts Re Enforcement Action 86-164 & NRC 861022 Order to Show Cause Concerning Use of Radios in Control Rooms ML20215J1421986-10-20020 October 1986 Order to Show Cause Why Radios or Other Electrical/ Electronic Equipment Used to Provide Background Music in Control Rooms Should Not Be Removed (Ref IE Info Notice 85-053 & Circular 81-02) ML19332A0381980-09-0404 September 1980 Response in Opposition to State of Mn 800828 Motion to Hold Spent Fuel Pool Mod Proceeding in Abeyance Pending Mn Pollution Control Agency Board 800923 Meeting.Accepting Settlement During Meeting Very Remote.W/Certificate of Svc ML19331D8841980-08-28028 August 1980 Motion to Hold Proceedings in Abeyance Until 800923,when Mn Pollution Control Agency Will Act on Settlement. Settlement,If Adopted,Would Result in Withdrawal of Hearing Request ML19331D8861980-08-28028 August 1980 Affidavit Stating That Proposed Settlement Will Be Placed on Next Mn Pollution Control Agency Monthly Meeting Agenda or Considered at Special Meeting for Affirmative Majority Vote of Board Members ML19321B2701980-07-25025 July 1980 Responds to State of Mn 800424 Suppl to Petition to Intervene & 800721 Amended Contentions.Supporting Documentation,Notices of Appearance of Je Siberg & Dl Bernstein on Behalf of Util & Certificate of Svc Encl ML19321B0571980-07-21021 July 1980 Amended Contentions 1 & 2 & Withdrawal of Contention 3.Amend Request Does Not Contain Safety Analysis Re Spent Fuel Storage & Does Not Contain Analysis of Spent Fuel Pool Expansion Consequences.Certificate of Svc Encl ML19316A8941980-04-24024 April 1980 Suppl to 800408 Petition to Intervene Stating Contentions Alleging Absence of Safety Analysis in License Amend Request.Loss of Water in Spent Fuel Pool Is Not Analyzed in Application ML19309G1141980-04-17017 April 1980 Response in Opposition to State of Mn 800409 Request for Hearing & Petition to Intervene.No Rationale or Supporting Authorities Cited as Basis for Request Not to Issue Amend Until State Proceedings Are Completed.W/Certificate of Svc ML19305E1941980-03-31031 March 1980 Notice of Appearance in Proceeding ML19305E1761980-03-31031 March 1980 Request for Hearing and Petition to Intervene Re Spent Fuel Pool Mod.License Amend Should Not Be Issued Until State of Mn Administrative Proceedings Are Completed Re Licensee Application for Certificate of Need & Environ Evaluation ML19249D6901979-07-10010 July 1979 Requests That Decision in State of Mn Vs NRC Be Implemented. Holding Affirms ALAB-445 Decision Re Consideration of Storage of Radwaste During Licensing Proceedings 1999-06-30
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DccWJngs Il NUCLEAR REGULATORY COMMISSION q, E2Mb'
..a J p In the Matter of DOCKET NOS. 50-282 0' # U 2
50-306 NORTHERN STATES POWER COMPANY Prairie Island Nuclear STATE OF MINNESOTA'S Generating Plant, Units 1 AMENDED CONTENTIONS and 2 1 AND 2 AND WITHDRAWAL OF CONTENTION 3-(Spent Fuel Pool Modification)
On April 24, 1980, the State of Minnesota by its Attorney General Warren Spannaus, and its Pollution Control Agency (hereinafter " State of Minnesota") filed its Supplement to Its Petition to Intervene settinE forth three contentions with respect to the above-entitled proceedinE.
On July 11, 1980, representatives of the State of Minnesota met with representatives of Licensee Northern States Power Company (hereinafter " Licensee") and with Charles Barth, the counsel for the Nuclear Regulatory Commission Staff (hereinaf ter "NRC Staff").
As a result of discussions at this meeting the State of Minnesota wishes to simplify and clarify the issues of this proceding by amending Contentions 1 and 2 and by withdrawing Contention 3.
Pursuant to 10 C.F.R. b2.714 (a)(3), the State of Minnesota hereby acends Contentions 1 and 2 as set forth below and withdraws Contention 3 for the reasons set forth below.
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. s AMENDED CONTENTIONS
- 1. The license amendment request and supporting documenta-tion do not contain a safety analysis with respect to the eeutine storage of spent fuel in Pool No. 1 and the insertion or withdrawal of a shipping cask into or from Pool No. 1 when it contains spent fuel. Until such a safety analysis has been per-formed 2 reviewed, and approved bi the Commission, and it has been determined that such actions can be conducted safely, the Commission should deny limit the Licensee's request fee routine authorized storage of spent fuel discharged as a result of normal refuelings in Feet Nov 4 to a _ total of 1120 spent fuel assemblies.
- 2. The license amendment request and supporting documenta-tion do not contain an analysis wtth respect te which identifies and quantifies the increased consequences which would result if the pro-posed spent fuel pool expansion is executed and there is subsegmently an accidenty including e 64eee Nine accident, which results in a loss of water in the spent fuel pool. Until such an analysis has been performed y reviewed, and approved by the Commission, do ident4fy and quentify any such in c r e a s e d een s c q u e n e c a , the Commission should not concider deny Licensee's license amendment request.
BASES FOR AMENDMENT AND WITHDRAWAL OF CONTENTIONS Contention 1 The basis for Contention No. 1 is the fact that no safety analysis
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has been performed with respect to the insertion / withdrawal of a shipping cask into/from Pool No. I when it contains spent fuel.
The Contention as originally drafted asks the Commission to deny Licensee's request for routine storage of spent fuel in Pool No. 1.
The Licensee has advised the State of' Minnesota that operational flexibility would be provided if it could use Pool No. 1 for storage.
The State's concern is not with the use of Pool No. 1 for storage per se, but rather with the use of Pool No. 1 for storage at a time when it is necessary to insert / withdraw a shipping cask into/from Pool No.
- 1. As long as there are enough spaces in Pool No. 2 to allow all assemblies which are stored in Pool No. 1 to be transferred into Pool No. 2 in the event that a shipping cask must be inserted into Pool No.
1, the State's concern is addressed and the Licensee will have the operational flexibility it desires. Therefore this contention is amended to clarify that the State of Minnesota's concern is with the ability of the Licensee to safely handle a shipping cask in Pool No. 1 and not with the storage of spent fuel in Pool No. 1.
The contention, as amended, asks that the Commission limit the authorized storage to no more than 1120 spent fuel assemblies
" discharged as a result of normal refuelings". This phrase is intended to be used in the same sense that the Licensee uses it in its application at Section 1.2 of Exhibit A, where it discusses "the resulting storage capacity for normal refueling". This conter.. ion is not intended to ask the Commission to prohibit temporary storage in
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Pool No. 1 in excess of the 1120 limitation in the event of a need to i
off-load the core for reactor maintenance or other foreseen or unfore-seen cases of nonroutine needs to temporarily (under one year) sttre fuel in Pool No. 1. On the other hand the phrase " discharged as a result of normal refuelings" is not intended to be construed to allow the Licensee to accept and store fuel from other reactors than Prairie Island Units 1 and 2 over and above the 1120 assembly capacity of Pool No. 2.
This contention has also been amended to add the concept that the safe withdrawal of a shipping cask from Pool No. 1 when it contains spent fuel is a concern which needs to be addressed before this license amendment is granted.
Contentjon 2 The basis for Contention 2 remains the same as stated in the State of Minnesota's April 24, 1980, submittal. The contention is amended to delete the term " Class Nine accident" in light of the Commission's recent publication of its " Statement of Interim Policy" (45 Fed. Reg. 40101) in which it withdraws the proposed Annex to Appendix D of 10 C.F.R. Part 50. The Commission's action renders the term " Class Nine accident" to have no legal meaning to the Commission. This contention is also amended to state that the Commission should deny, rather than refuse to consider, the license amendment request until the stated concern is addressed. Both amendments are for clarification purposes.
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Contention 3 The State of Minnesota has been provided with additional infor-mation by the Licensee which satisfies the concerns stated in this contention.
CONCLUSION Based on the foregoing, the State of Minnesota respectfully amends Contentions 1 and 2 and withdraws Contention 3 Dated: July 21, 1980. Respectfully submitted.
WARREN SPANNAUS Attorney General State of Minnesota By cLTU- . UD--
S cial Assistant Attorney General Ey W cv " :A -T-
- MARLE NE E. SENECHAL Special Assistant Attorney General 1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of DOCKET NOS. 50-282 50-306 NORTHERN STATES POWER COMPANY Prairie Island Nuclear Generating Plant, Units 1 and 2 (Spent Fuel Pool Modification)
_ CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " State of Minnesota's Amended Contentions 1 and 2 and Withdrawal of Contention 3", were served, according to the attached Service List, by deposit in the United States mail, postage prepaid this 21st day of July, 1980.
- b< L b T7'W EhD . ~ OLSON x ecia Assistant
,, R-! Q' Attorney General NC1:ETED Counsel for the Minnesota
, UONaa Pollution Control A ency E
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T clncentthem I~l IkLW&Anice g emac,
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SERVICE LIST Gerald Charnoff, Esq.
Jay E. Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C. 20036 Docketing and Service Section
- Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph D. Bizzano, Jr.
414 Nicollet Mall Minneapolis, MN 55401 Robert M. Lazo, Esq.
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. David L. hetrick Professor of Nuclear Engineering University of Arizona Tuscon, Arizona 65721 Dr. Quentin J. Stober F'isheries Research Institute University of Washington Seattle, Washington 98195