ML051260029
| ML051260029 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 05/05/2005 |
| From: | Kuo P NRC/NRR/DRIP/RLEP |
| To: | Thomas J. Palmisano Nuclear Management Co |
| Merzke, D., NRR/DRIP/RLEP, 415-3777 | |
| References | |
| Download: ML051260029 (13) | |
Text
May 5, 2005 Mr. Thomas J. Palmisano Site Vice President Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637
SUBJECT:
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM NUCLEAR MANAGEMENT COMPANY, LLC FOR RENEWAL OF THE OPERATING LICENSE FOR THE MONTICELLO NUCLEAR GENERATING PLANT
Dear Mr. Palmisano:
By letter dated March 16, 2005, the U.S. Nuclear Regulatory Commission (NRC) received the Nuclear Management Company, LLC application for renewal of Operating License No. DPR-22 for the Monticello Nuclear Generating Plant (MNGP). Notice of receipt of this application was published in the Federal Register on April 6, 2005 (70 FR 17482). The purpose of this letter is to provide the results of the NRC staffs acceptance review of the license renewal application for MNGP. The acceptance review determines whether or not the application is sufficiently complete to allow the NRC staff to proceed with its detailed technical review.
The NRC staff has reviewed your request following the guidance in NUREG-1800, Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants, and determined that the application is complete and is acceptable for docketing, in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23 and 51.53(c). However, the staffs determination does not preclude requests for additional information as the review proceeds.
This letter forwards the staffs safety and environmental review schedule for the subject application (Enclosure 1). The NRC staff will follow established review procedures and the enclosed schedule to complete the safety and environmental reviews required by 10 CFR Parts 54 and 51, respectively. This schedule has been established in accordance with a 30-month review plan, which includes time to conduct a hearing should a hearing be requested and granted. Milestones for hearing activities are not included in the enclosed schedule because these dates are established by the Commission and Atomic Safety and Licensing Board.
I would like to stress that this is a very ambitious schedule. Nevertheless, the NRC staff will make every effort to meet this goal. We request that you inform the staff as early as possible should potential delays arise in your support of the schedule.
Finally, we have also enclosed, for your information, a copy of the notice relating to your application that is being sent to the Office of the Federal Register for publication (Enclosure 2).
This notice provides the opportunity to request a hearing and to file a petition for leave to intervene.
T. Palmisano If you have any questions on this matter, please contact Daniel J. Merzke, License Renewal Project Manager for the Monticello Nuclear Generating Plant, by telephone at 301-415-3777 or via electronic mail at DXM2@nrc.gov.
Sincerely,
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No.: 50-263
Enclosure:
As stated cc w/encls: See next page
ML051260029 Document Name: E:\Filenet\ML051260029.wpd OFFICE PM:RLEP LA:RLEP OGC SC:RLEP PD: RLEP NAME DMerzke YEdmunds AFernandez SLee PTKuo DATE 04/18/05 04/27/05 04/18/05 04/29/05 05/05/05 Monticello Nuclear Generating Plant cc:
Jonathan Rogoff, Esquire Commissioner Vice President, Counsel & Secretary Minnesota Department of Commerce Nuclear Management Company, LLC 85 7th Place East, Suite 500 700 First Street St. Paul, MN 55101-2198 Hudson, WI 54016 Manager - Environmental Protection Division U.S. Nuclear Regulatory Commission Minnesota Attorney Generals Office Resident Inspector's Office 445 Minnesota St., Suite 900 2807 W. County Road 75 St. Paul, MN 55101-2127 Monticello, MN 55362 John Paul Cowan Manager, Regulatory Affairs Executive Vice President & Chief Nuclear Monticello Nuclear Generating Plant Officer Nuclear Management Company, LLC Nuclear Management Company, LLC 2807 West County Road 75 700 First Street Monticello, MN 55362-9637 Hudson, WI 54016 Robert Nelson, President Nuclear Asset Manager Minnesota Environmental Control Xcel Energy, Inc.
Citizens Association (MECCA) 414 Nicollet Mall, R.S. 8 1051 South McKnight Road Minneapolis, MN 55401 St. Paul, MN 55119 Mr. Fred Emerson Commissioner Nuclear Energy Institute Minnesota Pollution Control Agency 1776 I Street, NW, Suite 400 520 Lafayette Road Washington, DC 20006-3708 St. Paul, MN 55155-4194 Patrick Burke Regional Administrator, Region III License Renewal Project Manager U.S. Nuclear Regulatory Commission Monticello Nuclear Generating Plant 801 Warrenville Road Nuclear Management Company, LLC Lisle, IL 60532-4351 2807 West County Road 75 Monticello, MN 55362-9637 Commissioner Minnesota Department of Health Mr. Douglas F. Johnson 717 Delaware Street, S. E. Director, Plant Life Cycle Issues Minneapolis, MN 55440 Nuclear Management Company, LLC 700 First Street Douglas M. Gruber, Auditor/Treasurer Hudson, WI 54016 Wright County Government Center 10 NW Second Street Buffalo, MN 55313
DISTRIBUTION: Letter to : T. Palmisano, Re: Determination of Acceptability and Sufficiency for docketing, Dated: May 5, 2005 ADAMS Accession No.: ML051260029 HARD COPY RLEP RF E-MAIL:
RidsNrrDrip RidsNrrDe G. Bagchi K. Manoly W. Bateman J. Calvo R. Jenkins P. Shemanski J. Fair RidsNrrDssa RidsNrrDipm D. Thatcher R. Pettis G. Galletti C. Li K. Winsberg (RidsOgcMailCenter)
R. Weisman M. Mayfield A. Murphy S. Smith (srs3)
S. Duraiswamy Y. L. (Renee) Li RLEP Staff W. Ruland L. Raghavan L. Padovan A. Stone, RIII B. Burgess, RIII P. Lougheed, RIII S. Burton, RIII R. Orlikowski, RIII J. Adams, RIII T. Mensah OPA
Monticello Nuclear Generating Plant LICENSE RENEWAL APPLICATION REVIEW MILESTONES Milestone Schedule Actual Receive License Renewal (LR) Application 03/24/05 03/24/05 Federal Register Notice (FRN) published - Receipt & Availability review 04/06/05 04/06/05 Public Information Meeting - LR Process & Safety Review Overview 04/20/05 04/20/05 FRN published - Acceptability/Opportunity for Hearing 05/10/05 FRN published - Intent/Environmental Scoping Meeting 06/03/05 Public Exit Meeting - Scoping & Screening Methodology Audit 06/24/05 Public Meeting - Environmental Scoping 06/30/05 Deadline for filing hearing requests and petitions for intervention 07/09/05 Environmental Scoping Periods Ends 08/02/05 Public Exit Meeting - AMP/AMR Audit 08/05/05 Environmental Requests for Additional information (RAIs) - issued 08/26/05 Environmental RAIs - responses received 10/07/05 Safety RAIs - issued 10/07/05 Safety RAI - responses received 11/11/05 Public Exit Meeting - Scoping & Screening/AMP Inspections 01/27/06 Draft Supplemental Environmental Impact Statement (SEIS) Issued 02/10/06 FRN Published - Availability/Comment on draft SEIS 02/17/06 Public Meeting - draft SEIS 03/23/06 End of draft SEIS comment period 04/25/06 Safety Evaluation Report (SER) with Open Item(s) - Issued 04/28/06 ACRS Subcommittee Meeting on SER with Open Item(s) 06/06 SER Open Item(s) - Response(s) Received 06/23/06 SER - issued 08/04/06*
Final SEIS - issued 09/22/06 FRN published - Availability of Final SEIS 09/29/06 ACRS Full Committee Meeting on SER 09/06*
Decision - Director, NRR (license issued, if approved and no hearing is 01/24/07 granted - 22 months)
Commission Decision (if hearing is granted - 30 months) 09/24/07
- Assuming no open items when SER with Open Items issued. If there are open items, the milestone will be rescheduled.
Enclosure 1
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NUCLEAR MANAGEMENT COMPANY, LLC MONTICELLO NUCLEAR GENERATING PLANT NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NO. DPR-22 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NO. 50-263 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License No. DPR-22, which authorizes the Nuclear Management Company, LLC, to operate the Monticello Nuclear Generating Plant at 1775 megawatts thermal. The renewed license would authorize the applicant to operate the Monticello Nuclear Generating Plant for an additional 20 years beyond the period specified in the current license. The current operating license for the Monticello Nuclear Generating Plant expires on September 8, 2010.
The Commissions staff has received an application dated March 16, 2005, from Nuclear Management Company, LLC, pursuant to 10 CFR Part 54, to renew Operating License No.
DPR-22 for Monticello Nuclear Generating Plant. A Notice of Receipt and Availability of the license renewal application, Nuclear Management Company, LLC; Notice of Receipt and Availability of Application for Renewal of Monticello Nuclear Generating Plant Facility, Operating License No. DPR-22, for an Additional 20-Year Period, was published in the Federal Register on April 6, 2005 (70 FR 17482).
The Commissions staff has determined that Nuclear Management Company, LLC has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c) that is acceptable for docketing. The current Docket No. 50-263 for Operating License No. DPR-22 will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application.
Before issuance of each requested renewed license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations. In accordance with 10 CFR 54.29, the NRC will issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to: (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified as requiring aging management review, and (2) time-limited aging analyses that have been identified as requiring review, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis (CLB), and that any changes made to the plant*s CLB comply with the Act and the Commissions regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commissions NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants, dated May 1996. Pursuant to 10 CFR 51.26, and as part of the environmental scoping process, the staff intends to hold a public scoping meeting. Detailed information regarding this meeting will be the subject of a separate Federal Register notice.
Within 60 days after the date of publication of this Federal Register Notice, the requestor/petitioner may file a request for a hearing, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the renewal of the license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commissions Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commissions Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet 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 should contact the NRCs PDR reference staff at 1-800-397-4209, or by e-mail at pdr@nrc.gov. If a request for a hearing or a petition for leave to intervene is filed within the 60-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. In the event that no request for a hearing or petition for leave to intervene is filed within the 60-day period, the NRC may, upon completion of its evaluations and upon making the findings required under 10 CFR parts 51 and 54, renew the license without further notice.
As required by 10 CFR 2.309, 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, taking into consideration the limited scope of matters that may be considered pursuant to 10 CFR parts 51 and 54. The petition must specifically
explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature of the requestors/petitioners right under Act to be made a party to the proceeding; (2) the nature and extent of the requestors/petitioners property, financial, or other interest in the proceeding; and (3) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioners interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases of each contention and a concise statement of the alleged facts or the expert opinion that supports the contention on which the requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The requestor/petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.1 Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party.
Each contention shall be given a separate numeric or alpha designation within one of the following groups and all like subject-matters shall be grouped together:
1 To the extent that the application contains attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicants counsel to discuss the need for a protective order.
- 1. Technical - primarily concerns issues relating to technical and/or health and safety matters discussed or referenced in the Monticello Nuclear Generating Plant safety analysis for the application (including issues related to emergency planning and physical security to the extent that such matters are discussed or referenced in the application).
- 2. Environmental - primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the license renewal application.
- 3. Miscellaneous - does not fall into one of the categories outlined above.
As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to co-sponsor a contention or propose substantially the same contention, the requestors/petitioners shall jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the requestors/petitioners with respect to that contention.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A request for a hearing or a petition for leave to intervene must be filed by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4)
facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., Attention: Rulemakings and Adjudications Staff at 301-415-1101, verification number is 301-415-1966. A copy of the request for hearing and petition for leave to intervene must also be sent to the Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to the attorney for the applicant. Attorney for the Applicant: Jonathan Rogoff, Esq., Vice President, Counsel & Secretary, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016.
Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition, request and/or contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
Detailed information about the license renewal process can be found under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRCs Web site. Copies of the application to renew the operating license for Monticello Nuclear Generating Plant, are available for public inspection at the Commission*s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html on the NRCs Web site while the application is under review. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRCs public documents. These documents may be accessed through the NRCs Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under
ADAMS Accession Number ML050880237. 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 (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.
The staff has verified that a copy of the license renewal application is also available to local residents near the Monticello Nuclear Generating Plant, at the Monticello Public Library, 200 West 6th Street, Monticello, MN 55362.
Dated at Rockville, Maryland, this 5th day of May, 2005.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation