ML20127J438

Order Re Proposed Amend to Provisional Operating License DPR-22,authorizing Mod of Sfsp to Increase Capacity

ML20127J438
Person / Time
Site:	Monticello
Issue date:	12/13/1977
From:	Lazo R Atomic Safety and Licensing Board Panel
To:	NORTHERN STATES POWER CO.
References
NUDOCS 9211190338
Download: ML20127J438 (11)

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4, In the Matter of

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NORTHERN STATES POWER COMPANY Docket No. 50-263

' Amendment to License No. DPR-22 (Monticello Nuclear Generating (Increase Spent Fuel Storage Plant, Unit 1) ) Capaci ty)

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MEMORANDUM AND ORDER On September 19, 1977, the Nuclear Regulatory Commission (the Commission) published a " Notice of Consideration of Proposed Modifica-tion to Facility Spent Fuel Storage Pool" with respect-to-Nor4hern States Power Company's (licensee',s) Monticello Nuclear Generating Plant (the facility) (42 Fed. R_eg. 46963). The proposed amendment to Provisional Operating License No. _ DPR-22 would authorize modifica-tion of the spent fuel storage pool to increase its capacity. The notice provided that any person whose interest may be affected by this proceeding may file a petition for leave to intervene in accord-ance with the Commission's Rules of Practice in 10 CFR Part 2.

Ori October 17, 1977, the Minnesota Pollution Control Agency l (MPCA), an agency of the State of Minnesota, filed a timely request that the Commission hold a public- hearing to consider Licensee's l

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request for a license amendment to allow modification to the spent fuel storage pool to increase its capacity and petitioned for leave to intervene as a party in such a proceeding.

4 In its response, the licensee has stated that it does not ob-

.; ject to MPCA's request for hearing. Similarly, the Commission's Regulatory Staff (the Staff) has stated its belief that the petition meets the requirements of 10 CFR 52.714 because Petitioner has demon-strated the requisite interest and at least one contention specified in the Petition has been set forth with reasonable specificity and with some basis assigned for it.

Upon consideration of the-aforementioned filings, this Board which has been designated to rule on petitions for leave to intervene concludes that a hearing is warranted and that Petitioner, Minnesota Pollution Control Agency, should be admitted as a party. MPCA's Peti-tion provides sufficient assertion of its interest and in contention 8 as set forth identifies a specific aspect of the subject matter of 1

I the proceeding as to which it wishes to intervene. Therefore, the Board hereby grants the petition for leave to intervene filed by MPCA

[ Northern States Power Cox , Prairie Island Nuclear Generating Plant, Units 1 and 2, ALAB-107, 6 AEC 188,194 (1973)]. However, it remains for Petitioner to establish to the satisfaction of the Hearing Board i which is being established that genuine issues actually exist. If i

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- 3-that Board is not so satisfied, it may summarily dispose of the con-tentions on the basis of the pleadings (10 CFR 52.749).

A notice of hearing implementing this decision is appended to this Memorandum and Order as Attachment A.

Dr. Walter H. Jordan and Dr. Richard F. Cole, Members of tne Board, join in this Memorandum and Order.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD DESIGNATED TO RULE ON PETITIONS FOR LEAVE TO INTERVENE Y. CW:W Robbrt M. Lazo, Clainhag -

! Issued at Bet;.esda, Maryland, this 13th day of December,19*7.

Attachment:

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION BE*' ORE THE ATCMIC SAFETY AND LICENSING BOARD I 4

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NORTHERN STATES POWER COMPANY ) Docket No. 50-263 i ,l

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.e (Monticello luclear Generating ) Amendment to License No. DPR-22 Id Plant, Unit 1) ) (Increase Spent Fuel Storage

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) Capacity)

Y NOTICE OF HEARING ON AMENDMENT Nf .

0F FACILITY OPERATING LICENSE Pursuant to the Atomic Energy Act of 19: - as amended (the 3 I

.Act) and the regulations in Title 10. Code of FeuerS Regulation ,

Dart 50, " Licensing of Production and Utilization Facilities",

Part 51, " Licensing and Regulatory Policy and Procedures for Environ-mental Protectior' .d Part 2, " Rules of Practice", notice is hereby gi'en that a hearing vill be held before an Atomic Safety and Licensing Board (Board) to consider the request of Northern States Power Company (the censee) for an amendment to Provisional Operating License No.

DPR-2L wh'ch currently authorizes Northern States Power Company to possess, use and operate the Monticello Nuclear Generating Plant (the facility) located in Wright County, Minnesota, at power levels up to 1670 megawatts (thermal). The proposed amendment would authorize replacement of the existing racks in the spent fuel storage pool of

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the facility which have a capacity for storage of 740 fuel assemblies, with racks of a design capable of accommodating up to 2237 fuel assem-blies in accordance with the licensee's letter dated August 17, 1977, and license amendment request dated September 12, 1977. Thereafter, the licensee would be permitted to operate the facility with this larger spent fuel storage capacity.

The hearing which will be scheduled to begin in the vicinity of the site of the Monticello facility will be conducted by an Atomic Safety and Licensing Board which has been designated by the Chairman of the Atomic Safety a.1d Licensing Board Panel. The Board consists of br. Walter H. Jordan and Dr. Richard F. Cole, Members, and Robert M. Lazo, Esq., Chairman.

A notice entitled " Notice of Consideration of Proposed Modifica-tion to Facility Spent Fuel Storage Pool" .ias published by the Nuclear Regulatory Commission in the Federal Register on September 19, 1977 (42 Fed. Reg. 46963). The notice provided that by October 19, 1977, any persen whose interest may be affected by this proceeding may file a petition for leave to intervene in accordance with the Commission's rules of practice in 10 CFR Part 2. A timely petition for leave to intervene was filed thereafter by the Minnesota Pollution Control Agency (MPCA), an agency of the State of Minnesota. Petitioner MPCA 4

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i was admitted as a party to the proceeding pursuant to the provisions

. of 10 CFR 82.714.1/

t A prehearing conference or conferences will be held by the Board, at a date and place to be set by it, to consider pertinent matters in accordance with the Commission's P'iles of Practice. The I date and place of the hearing will be set by the Board'at or after the prehearing conference. Notices as to the-dates and places of the prehearing conference and the hearing will- be published in the- Federal-Register. The specific issues to be considered at the hearing will'be determined by the Board.

For further details with respect to the matters under- considera-tion, see the licensee's letter dated August 17, 1977, and related license amendment request dated September 12, 1977, which are available

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for public inspection at the Comission's Public Document Room,1717 H j Street, N.W., Washington, D.C. , and at The Environmental Conservation i

Library, Mir.neapolis Public Library, 300 Nicollet Mall, Minneapolis,

j. Minnesota 55401, i

1/ Memorandum and Order of the Atomic Safety and Licensing Board desig-nated to rule on petitions for leave to intervene, dated December 13, 1977.

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.a Any person who wishes to make an oral or written statement in this proceeding but who has not filed a petition for leave _to inter- ..

) vene as noted above may request permission to make a limited appear-ance pursuant to the provisions of 10 CFR 52.715 of the Commission's Rules of Practice. Limited appearances will be permitted at_ the time

j of the hearing in the discretion of the Board, within such limits and on such conditions as may be determined by the Board. Persons desir-ing to make a limited appearance are requested to inform the Secretary of the Commission, United States Nuclear Regulatory Commission, Washing-ton, D.C. 20555, not'later than thirty (30) days from the date of pub-lication of this notice in the Fe'deral Register. A person permitted l

l to make a limited appearance does not become a party, but may state J

j his position and raise questions which he would like to'have answered I

l to the extent that the questions are within the scope of the hearing as specified above. A member of the public does not have the right to participate unless he has been granted the right to' intervene as a party or the right of limited appearance.-

l l-An answer to this notice, pursuant to the provisions of 10 CFR 62.705 of the Commission's Rules of Practice,-must be filed by.the parties to this proceeding:(other than the Regulatory Staff) not'later than twenty (20) days : from the _date of publication of this L notice in

! the Federal Register.

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Papers required to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Comission, United ,

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States Nuclear Regulatory Comission, Washington, D.C. 20555, ATTENTION:

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Docketing and Service Section, or may be filed by.. delivery to the

Commission's Public Document Room,1717 H Street, N.W., Washington,

. D.C.

I Pending further order of'the Hearing Board designated for this proceeding, parties are required to file, pursuant to the' provisions l

of 10 CFR 52.708 of the Comission's Rules of Practice, an original and twenty (20) conformed copies of each such paper with the Comis-sion.

i It is so ORDERED.

4 FOR THE ATOMIC SAFETY AND LICENSING BOARD DESIGNATED 4

TO~ RULE ON PETITIONS-FOR LEAVE TO INTERVENE 4

LV 2 Robe'rt M. Lazo, Chafrrhan{

Issued at Bethesda, Maryland, this 13th day of December,1977.

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I UNITED STATES OF A!"Y:CA 1

NL*Cl. EAR lil:Gl'I ATORY ( o i .- 4 TON 4  !

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NORTilERN STATES POWER COMPANY ) Docket No. (s) 50-263

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(Monticello Nuclear Generating )

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Plant, Unit No. 1) )

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i CERTIFICATE OF SE"JTCE 4

I hereby certify that I have this day served the. foregoing document (s) upon cach person designated on the official service list compiled by the Office of the Secretary of the Commission in thls proceeding.in i accordance with the requirements of, Section 2.712 of 10 CFR Parr. 2 -

" Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations. .

i i Dated at t'ashington, D.C. thi s

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Of fice 6f the Secretary of the Com:aission i

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4 UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION In the Matter of )

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NORTHERN STATES POWER COMPANY ) Docket No.(s) 50-263

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(Monticello Nuclear Generating )

Plant, Unit 1) )

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SERVICE LIST Robert M. Lazo, Esq., Chairman

, Atomic Safety and Licensing Board U.S. Nucicar Regulatory Commission Washington, D.C. 20555 Mr. Steve J. Gadler 4 Dr. Richard F. Cole 2120 Carter Avenue Atomic Safety and Licensing Board St. Paul, Minnesota 55108

) U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Daniel L. Ficker, Esq.

City Attorney's Office Dr. Walter H. Jordan City Hall - 638

881 West Outer Drive St. Paul, Minnesota 55108 Oak Ridge, Tennessee 37830 Honorable Sandra S. Gardebring Richard Browne, Esq. Special Assistant Attorney General

! Counsel for NRC Staff Minnesota Pollution Control Agency U.S. Nuclear Regulatory Commission 1935 West County Road B2

Washington, D.C. 20555 Roseville, Minnesota 55113 i Gerald Charnoff, Esq. Geoffrey P. Jarpe, Esq.

J.E. Silberg, Esq. Maun, Hszel, Green, Hayes, Shaw, Pittman, Potts & Trowbridge Simon and Aretz 1800 "M" Street, N.W. Hamm Building, Suite 332 Washington, D.C. 20006 St. Paul,-Minnesota 55102

, Donald E. Nelson, Esq. The Environmental Conservation

Vice President & General Counsel Library Northern States Power Company Minneapolis Public Library-4 414 Nicollet Mall 300 Nicollet Mall

, Minneapolis, Minnesota 55401 Minneapolis, Minnesota 55401 Russell J. Hatling, Chairman Minnesota Environmental Control Citizens Association (MECCA)

Energy Task Force 144 Melbourne Avenue, S. E.

Minneapolis, Minnesota 55414

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50-263 page 2

. Infomation copies sent to:

Warren R. Lawson, M. D. Mr. Leonard O. LaShomb Secretary and Executive Of ficer Executive Vice President i State of Minnesota Department Minnesota AFL-CIO i of Health 414 Auditorium Street 717 Delaware Street, S. E. St. Paul, Minnesota 55102 Minneapolis , Minnesota 55440 Mr. Gene Walters, President Mr. Robert L. Herbst Monticello Chamber of Commerce Comissioner Monticello, Minnesota 55362 State of Minnesota Department of Natural Resources Centennial Office Building St. Paul, Minnesota 55155 e

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