ML20136F356

Petition for Leave to Intervene of Southwestern Electric Cooperative,Inc.* Requests That Commission Grant Petition for Leave to Intervene & Grant Other Relief as Commission Deems Appropriate.W/Certificate of Svc

ML20136F356
Person / Time
Site:	Clinton
Issue date:	02/28/1997
From:	Postar M AFFILIATION NOT ASSIGNED, DUNCAN, WEINBERG, MILLER & PEMBROKE, P.C. (FORMERLY
To:	NRC COMMISSION (OCM)
Shared Package
ML20136F337	List: ML20136F335 ML20136F356
References
OLA, NUDOCS 9703140072
Download: ML20136F356 (7)

Text

• UNITED STATES OF AMERICA  % #

BEFORE THE 4- p NUCLEAR REGULATORY COMMISSION poc p D

@ FEB 2 81997 R 3 In the Matter of )

4 s V

) Docket No. 50-46 ILLINOIS POWER COMPANY, ) Of SOYLAND POWER COOPERATIVE ) O 35 5 M e o_ -

PETITpN EE)R LEAVE TO INTERVENE 04  ![ OF SOUTHWESpRNSLECTRICCOOPERATIVE, INC.

o b b o

Southwestern Ele 6tric Cooperative, Inc.

(" Southwestern"), by and through counsel, Michael Postar, Robert Weinberg and Tanja M. Shonkwiler, Duncan, Weinberg, Miller &

Pembroke, P.C., 1615 M Street, NW, Suite 800, Washington, DC 20036, in accordance with 10 C.F.R. 5 2.714 (1996) of the Nuclear Regulatory Commission's ("NRC" or "Commissi n") regulations, and pursuant to the January 29, 1997 notice in this proceeding, hereby tenders this Petition for Leave to Intervene in the above- '

captioned proceeding. In support of its Petition, Southwestern states as follows:

I. BACKGROUND j Southwestern is an electric distribution cooperative l l

that serves rural consumers in Bond, Clinton, Effingham, Fayette, Macoupin, Madison, Marion, Montgomery, Shelby, and St. Clair counties, in the State of Illinois. Located approximately 45 i miles east of St. Louis, Missouri, and 85 miles south of 9703140072 970305 PDR ADOCK 05000461 0 PDR

a, .'

Springfield, Illinois, Southwestern serves over 15,000 consumers and operates over 3,000 miles of energized line.

Southwestern is a member of Soyland Power Cooperative, Inc. ("Soyland") and receives its full power requirements from Soyland. Soyland serves 21 cooperatives, including Southwestern, with power and tran mission services purchased from Illinois Power Company (" Illinois Power"). Soyland currently jointly owns 13.21% of Clinton Power Station (" CPS") along with Illinois Power Company (86.79%). Soyland recovers all of its costs, including those associated with its ownership interest in CPS, from its 21 members through wholesale power contracts with its member cooperatives.

On January 29, 1997, the Commission issued its notice of " Consideration of Approval of Transfer of License and Issuance of Conforming License Amendments, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing." 62 Fed. Reg. 4,337 (1997). Soyland has requested that the NRC consent to a proposed transfer of Soyland's 13.21% ownership

' interest in CPS to Illinois Power and that the Commission approve the required amendment to Facility Operating License NPF-62 as it pertains to CPS.

II. PETITION FOR LEAVE TO INTERVENE Southwestern hereby submits its Petition for Leave to Intervene in the aforementioned proceeding. Southwestern is interconnected with, and receives power supplies directly from, the Illinois Power transmission system. In addition,

. o' 4

l Southwestern's power supplier, Soyland, purchases both power and 4

transmission services from Illinois Power and holds a 13.21%

ownership interest in CPS.

Soyland's costs associated with CPS are recovered through its Wholesale Power Contract with Southwestern and its members. To restructure its costs, including those associated with CPS, Soyland negotiated an arrangement with Illinois Power that included the transfer of Soyland's interest in CPS. I

Approval of the pending proceeding involving Soyland's interest in CPS is integral to the completion of Soyland's restructuring.

]

1 As a member of Soyland, Southwestern is directly affected by the Commission's resolution of this proceeding. I

l i For these reasons, Southwestern's participation in this i proceeding is necessary and appropriate to adequately represent its property, financial and other interests. Southwestern has a direct interest in the outcome of this matter and its interests s

cannot be adequately represented by any other party to this proceeding. These interests would be affected by any Commission order in this proceeding.

III. CONCLUSION WHERE FORE , for the foregoing reasons, Southwestern Electric Cooperative, Inc., respectfully requeste that the Commission grant the following relief:

1. Grant Southwestern's Petition for Leave to Intervene; and

a

2. Grant such other relief as the Commission deems appropriate.

Dated: February 28, 1997 Respectfully submitted, lff J -

b h46c4 Michael Postar Robert Weinberg Tanja M. Shonkwiler DUNCAN, WEINBERG, MILLER &

PEMBROKE, P.C.

1615 M Street, N.W.

Suite 800 Washington, D.C. 20036 (202) 467-6370 Attorneys for Southwestern Electric Cooperative, Inc. ,

1 I

i i

l l

l l

1 l

l 1

l

.- c. .?

{ CERTIFICATE OF SERVICE

! I hereby certify that I have this day served the foregoing document upon the following by 1st class U.S. mail.

l Dated at Washington,. D.C., this 28th day of February, 1997.

i Mr. Wilfred Connell Vice President

} Illinois Power Company i 500 South 27th Street j Decatur, Il 62525 i

4

! N. Beth Emery, Esq.

Sutherland, Asbill & Brennan 1275 Pennsylvania Avenue, N.W.

Washington, D.C. 20004-2404 Counsel to Soyland Power Cooperative, Inc.

) b Michael Postar DUNCAN, WEINBERG, MILLER

& PEMBROKE, P.C.

1615_M Street, N.W.

Suite 800 Washington, D.C. 20036 (202) 467-6370 l

1

. _ _ _ _ - _ . . _ _ . _ _ _ . _ .._ ____ . --~ _____ . _ _ ~

q. a. .

1 1

4

! Federal Register / Vol. 62, No.19 / Wednesday, January 29, 1997 / Notices 4337 NUCLEAR REGULATORY accident previously evaluated; or (3) Directives Branch, Division of Freedom COMMISSION involve a significant reduction in a ofInformation and Publications margin of safety. As required by to CFR Services Office of Administration, U.S.

% g g) 50.91(a), the licensee has provided its Nuclear Regulatory Commission, analysis of the issue of no significant Washington, DC 20555-0001, and lilinois Power Company, Sopend hazards consideration, which is should cite the publication date and l Power Cooperative; Consideration of Presented below: page number of this Federal Register Approvalof Transferof License and noth.e. Written comments may also be

leeuence of Conforming License 1. The proposed amendment does not delivered to Room 6D22,Two White

. Amendments, Propoeod No Significant involve a significant increase in the Flint North,11545 Rockville Pike, Heaards Consideration Determination, probability or consequences of an accident previ usly evaluated because it merely Rockville, Maryland, from 7:30 a.m. to i and Opportunity for a Hearing l

revises the Operating License to indicate the 4:15 p.m. Federal workdays. Copies of i The U.S. Nuclear Regulatory transfer of a minority ownership laterestl written comments received may be j Commission (the Commiscion)is the current majority owner and sole operator examined at the NRC Public Document I f the facility.This proposed amendment Room, the Gelman Building,2120 L i ccasidering the issuance of an order d l * "thet approving, under 10 CFR 50.80, the ," hon'al chan a efo ,, h a o Street, NW., Washington, DC. i

, transfer of Facility Operating License impact on accidents previously evaluated. The filing of requests for hearing and I

No. NPF-62, to the extent now held by 2.The proposed amendment does not petitions for leave to intervene is Soyland Power Cooperative (Soyland), create the possibility of a new or different discussed below.

. to Illinois Power Company (IP, the kind of accident from any accident By February 28,1997, the licensee i licensee) with respect to the Clinton previously evaluated because there will be no may file a request for a hearing with Power Station, Unit No.1 (CPS), located change to the plant's physical configuration respect to the lasuance of an order

' ope tion as a result of this proposed ' regarding the proposed transfer of the 1 in DeWitt County, Illinois, and issuance am i of conforming amendments under to license to the extent now held by a e p posed amendment does not CFR 50.90. involve a significant reduction in the margin Soylsnd to IP and issuance of j CPS presently is jointly owned by IP of safety because it is only an administrative conforming amendments to the subject

? (86.79%) and Soyland (13.21%) with.IP change and will have no impact on any facility operating license, and any authorized to act as agent for Soyland margin of safety related to the design or per::on whose interest may be affected and having exclusive responsibility and operation of the facility. by this proceeding and who wishes to control over the operation and The NRC staff has reviewed the Participate as a party in the proceeding ,

j maintenance of the facility. Soyland is licensee's analysis and, based on this must file a written request for a hearing I i proposing to transfer its 13.21% review, it appears that the three and a petition for leave to intervene. i

. minority ownership interest to IP, standards of to CFR 50.92(c) are Requests for a hearing and a petition for l resulting in IP becoming the sole owner satisfied. Therefore, the NRC staff leave to intervene shall be filed in l l

of CPS. The license would be amended proposes to determine that the accordance with the Commission's

' " Rules of Practice for Domestic to reflect the transfer of ownership. amendment request involves no j Pursuant to 10 CFR 50.80, the significant hazards consideration. Licensing Proceedings" in 10 CFR part Commission may approve the transfer of The Commission is seeking public 2. Interested persons should consult a l current copy of 10 CFR 2.714 which is

' a license, or any right thereunder, after comments on this proposed notice to interested persons. Such determination. Any comments received available at the Commission's Public i approvalis contingent upon the within 30 days after the date of Document Room, the Gelman Building, j Commission's determination that the publication of this notice will be 2120 L Street, NW., Washington, DC, j proposed transferee is qualified to hold considered in making any final and at the local public document room 4

the license and that the transfer is determination. located at the Vespaolan Warner Public l otherwise consistent with applicable Normally, the Commission will not Library,310 N. Quincy Street, Clinton.

provisions of law, regulations, and issue the amendment until the IL 61727. If a request for a hearing or l petition for leave to intervene is filed by orders of the Commission. If the expiration of the 30 day notice period.

Commission determines that approval flowever, should circumstances change the above date, the Commission or an should be given, it will issue an order during the notice period such that - Atomic Safety and Licensing Board, l

> setting forth its consent to the transfer. failure to act in a timely way would designated by the Commission or by the Before issuance of the proposed result, for example, in derating or Chairman of the Atomic Safoty and i

license amendments, the Commission shutdown of the facility, the Licensing Board Panel, will rule on the

will have made findings mquired by the Commission may issue the license request and/or petition; and the i

Atomic Energy Act of 1954, as amended amendment before the expiration of the Secretary or the designated Atomic (the Act) and the Commission's 30 day notice period, provided that its Safety and Licensing Board will issue a notice of hearing or an appropriate

) regulations. final determination is that the The Commission has made a amendment involves no significant order.

l proposed determination that the hazards consideration. The final As required by 10 CFR 2.714, a j amendment request involves no determination will consider all public petition for leave to intervene shall set significant hazards consideration. Under and State comments received. Should forth with particularity the interest of the Commission's regulations in to CFR the Commission take this action, it will the petitioner in the proceeding, and j

j 50,92, this means that operation of the publish in the Federal Register a notice how that interest may be affected by the

facilities in accordance with the of issuance and provide for opportunity results of the proceeding. The petition 1 proposed amendments would not (1) for a hearing after issuance. The should specifically explain the reasons j involve a significant increase in the Commission expects that ne need to why intervention should be permitted 4

pmbability or consequencos of an take this action will occur very with particular reference to the

accident previously evaluated; or (2) infrequently, following factors

(1)The nature of the create the possibility of a new or Wr tten comments may be submitted petitioner's right under the Act to be different kind of accideat from any by mail to the Chief, Rules Review and made party to the proceeding;(2) the 1

. _ . - m _ . - _ , .-,m_ _ _

. _ . _ _..m, _ _ _ _ . . _ , - . . _ , . , . _

l l

4338 Federal Register / Vol. 62 No.19 / Wednesday, January 29, 1997 / Nctices 1

nature and extent of the petitioner's If the final determination is that the N. Quincy Street, Clintor,, IL 61727. The l property, financial, or other interest in amendment request involves no submittat dated October 17,1996, l the proceeding; and (3) the possible significant hazards consideration, the originally identified the proposed 1 effect of any order which may be Commission may issue the amendment transferee as Illinova Power Marketing, cntered in the proceeding on the and make it immediately effective. Inc., an unregulated power marketing petitioner's interest. The petition should notwithstanding the request for a subsidiary ofIllinova Corporation, the 4 also identify the specific aspect (s) of the hearing. Any hearin8held would take parent ofIP. The submittal dated i sub}ect matter of tne proceeding as to place after issuance of the amendment. December 13,1996, modified the which petitioner wishes to intervene. If the final determinat'on is that the original application such that the Any person who has filed a petition for amendment request invi ives a proposed transferee is now IP, This leave to intervene or who has been significant hazards consideration, any notice supersedes that published in the admitted as a party may amend the hearing held would take place before Federal Register on November 6,1996 petition without requesting leave of the thedesuance of any such amendment. (61 FR 57486).

Board up to 15 days prior to the first A request for a tiearing or a petition Dated at R prehearing conference scheduled in the for leave to intervene must be filed with promeding, but such an amended the Secmtary of the Commission, U.S. ,%g ,ockville, p y Maryland, this 2 l petition must satisfy the specificity Nuclear Regulatory Commission, Elinor G. Adomsass, l requirements described above. Washington, DC 20555-0001, Attention:

rior to the first Docketing and Services Branch, or may IM Pu ty Director, Division o/ Reactor Projects Not later11 15 d be delivered to the Commission's Public IlulV, Office of Nuclear Reactor Regula tion.

prehearin8 con $erenc eduled in the (FR Doc. 97-2161 Filed 1-28-97; 8:45 ami Document Room, the Gelman Building.

proceeding, a petitioner shall file a 2120 L Street NW., Washington, DC, by museo coes nes-ew supplement to the petition to intervene the above date. Where petitions are filed which must include a list of the contentions which are sought to be duri the last to s of t e noti  %% m ,g Pe req pe litigated in the matter. Each contention Promptly so inform the Commission by Northern States Power Co.;

must consist of a specific statement of a toll. free telephone call to Western Consideration of issuance of the issue of law or fact to be raised or Uni n at 1-(800) 248-5100 (in Missouri Amendments to Facility Operating controverted. In addition, the petitioner 1-(800) 342-6700). The Westem Union Licensee, Proposed No Significent shall provide a brief explanation of the Perator should be given Datagram Hazards Considention Determination, bases of the contention and a concise Identification Number N1023 and the l

1 statement of the alleged facts or expert and Opportunity for a Hearing  ;

following message addressed to Gail H.

opinion which support the contention Marcus, Director, Project Directorate IU- The U.S. Nuclaar Regulatory l

. and on which the petitioner intends t 3: petitioner's name and telephone Commission (the Commissioniis l rely in proving the contention at the number, date tition was mailed, plant considering issuance of amendments to hearing.The petitioner must als name, and pu ication date and page Facility Operating License Non DPR-42 provide references to those specific number of this Federal Register notice. and DPR-60 issued to Northem States sources and documents of which the A copy of the petition should also be Power Company (the licensee) for petitioner is aware and on which the sent to the Office of the General operation of the Prairie Island Nnclear petitioner intends to rely to establish Counsel, U.S. Nuclear Regulatory Generating Plant, Units 1 and 2, located

{ those facts or expert opinion. Petitioner Commission, Washington, DC 20555- in Goodhue County, Minnesota.

must provide sufficient information t 0001, and to taah Manning Stetzner, The proposed amendments would l

, show that a genuine dispute exists with Vice President, General Counsel and revise the Technical Specifications the applicant on a matertal issue of law Corporate Secretary,500 South 27th governing the coolin8 water system. The or fact. Contentions shall be limited t Street, Decatur, Illinois 62525, attomey changes are proposed to improve plant matters within the scope of the transfer for the licensee. operation based on operational approval or amendments under Nontimely filings of petitions for experience with the vertical motor-consideration. The contention must be leave to intervene, amended petitions, driven cooling water pump. The one which,if proven, would entitle the supplemental petitions and/or requests changes are also proposed to petitioner to relief. A petitioner who for hearing will not be entertained incorporate infonnation gathered by the falls to file such a supplement which absent a determination by the licensee during its self-assessment satisfies these requirements with respect Commission, the presiding officer or the Service Water System Operational to at least one contention will not be presiding Atomic Safety and Licensing Performance Inspection (SWSOPI) permitted to participate as a party. Board that the petition and/or request completed in late 1995.

Those permitted to intervene become should be granted based upon a Before issuance of the proposed i parties to the proceeding, subject to any balancing of the factors specified in to license amendments, the Commission limitations in the order granting leave to CFR 2.714(a)(1)(i)-(v) and 2.714(d). will have made findings required by the intervene, and have the opportunity to For further details with respect to this Atomic Energy Act of 1954, as amended participate fully in the conduct of the action, see the application dated (the Act) and the Commission's hearing, including the opportunity to October 17,1996, as modified and regulations.

present evidence and cross-examine supplemented by letter dated December The Commission has made a witnesses. 13,1996, regarding the transfer of proposed determination that the If a hearing is requested with respect license and amendment, wnich am amendment requests involve no to the proposed amendments, the available for public inspection at the significant hazards consideration. Under Commission will make a final Commission's Public Document Room, the Commission's regulations in to CFR determination on the issue of no the Gelman Building,2120 L Street, 50.92 this means that operation of the significant hazards consideration. The NW., Washington, DC, and at the local facility in accordance with the proposed final determination will serve to decide public document room located at the amendments would not (1) involvo a when the hearing is held. Vespasian Warner Public Library,3 to significant incrosse in the probability or