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 EvaluationML19305E176 |
Person / Time |
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Site: |
Prairie Island ![Xcel Energy icon.png](/w/images/6/6c/Xcel_Energy_icon.png) |
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Issue date: |
03/31/1980 |
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From: |
Olson J, Senechal M MINNESOTA, STATE OF |
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To: |
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References |
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NUDOCS 8004230088 |
Download: ML19305E176 (5) |
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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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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.
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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
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