[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Pages 67332-67333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31927]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-369, Docket No. 50-370, License No. NPF-9, and License
No. NPF-17]
Duke Energy Corporation (McGuire Nuclear Station, Units 1 and 2);
Order Approving Transfer of Operating Authority and Conforming
Amendments
Duke Energy Corporation (Duke Energy, or DEC), is the holder of
Facility Operating Licenses Nos. NPF-9 and NPF-17, which authorize
operation of the McGuire Nuclear Station, Units 1 and 2 (McGuire or the
facility). The McGuire Nuclear Station is located in Mecklenburg
County, North Carolina.
By application dated July 10, 2001, as supplemented by letters
dated October 31, November 1 and 26, and December 10, 2001,
(collectively referred to herein as ``the application'' unless
otherwise indicated), the Commission was informed that DEC, owner of
the facility, proposes to enter into an Operation and Maintenance
Services Agreement with Duke Energy Nuclear, LLC (Duke Nuclear), and
transfer operating authority under the licenses to Duke Nuclear. Under
the proposed transaction, Duke Nuclear, which will be a wholly owned
indirect subsidiary of DEC, will become a new licensee, exclusively
authorized to operate McGuire in accordance with the terms and
conditions of the licenses. The transaction involves no change in
facility ownership. Duke Nuclear will not own any portion of the
facility.
DEC requested approval of the proposed transfer of operating
authority under the McGuire licenses to Duke Nuclear pursuant to 10 CFR
50.80. The application also requested approval of conforming amendments
pursuant to 10 CFR 50.90 to reflect the transfer. The proposed
amendments would add Duke Nuclear to the licenses and reflect that Duke
Nuclear is exclusively authorized to operate McGuire. Duke Nuclear will
also become a general licensee for storage of spent fuel in certified
dry casks at McGuire pursuant to 10 CFR 72.210.
Notice of the application for approval and an opportunity for a
hearing was published in the Federal Register on September 25, 2001 (66
FR 49048). No hearing requests or written comments were received.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. Upon review of the information in the application, and other
information before the Commission, and relying upon the representations
and agreements contained in the application, the NRC staff has
determined that Duke Nuclear is qualified to hold the operating
authority under the licenses, and that the transfer of the operating
authority under the licenses to Duke Nuclear is otherwise consistent
with applicable provisions of law, regulations, and orders issued by
the Commission, subject to the conditions set forth below. The NRC
staff has further found that the application for the proposed license
amendments complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's rules
and regulations set forth in 10 CFR Chapter 1; the facility will
operate in conformity with the application, the provisions of the Act,
and the rules and regulations of the Commission; there is reasonable
assurance that the activities authorized by the proposed license
amendments can be conducted without endangering the health and safety
of the public and that such activities will be conducted in compliance
with the Commission's regulations; the issuance of the proposed license
amendments will not be inimical to the common defense and security or
the health and safety of the public; and the issuance of the proposed
amendments will be in accordance with 10 CFR part 51 of the
Commission's regulations and all applicable requirements have been
satisfied. The foregoing findings are supported by a safety evaluation
dated December 20, 2001.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 2234,
and 10 CFR 50.80, it is hereby ordered that the transfer of operating
authority under the licenses, as described herein, to Duke Nuclear is
approved, subject to the following conditions:
(1) Duke Nuclear shall, prior to completion of the transfer of
operating authority for McGuire, provide the Director of the Office of
Nuclear Reactor Regulation satisfactory documentary evidence that Duke
Nuclear has obtained the appropriate amount of insurance required of
licensees under 10 CFR part 140 of the Commission's regulations.
(2) After receipt of all required regulatory approvals of the
transfer of operating authority to Duke Nuclear, DEC and Duke Nuclear
shall inform the Director of the Office of Nuclear Reactor Regulation
in writing of such receipt within 5 business days and of the date of
the closing of the transfer no later than 2 business days prior to the
date of closing. If the transfer is not completed by December 31, 2002,
this Order shall become null and void, provided however, upon written
application and for good cause shown, such date may in writing be
extended.
It is further ordered that, consistent with 10 CFR 2.1315(b),
license amendments that make changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the licenses to
reflect the subject transfer of operating authority are approved. The
amendments shall be issued and made effective at the time the proposed
transfer is completed.
This Order is effective upon issuance.
For further details with respect to this action, see the initial
application dated July 10, 2001, the supplemental letters dated October
31, November 1 and 26, and December 10, 2001, and the Safety Evaluation
dated December 20, 2001, which are available for public inspection at
the Commission's Public Document Room, located at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management Systems (ADAMS) Public
[[Page 67333]]
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html.
Dated at Rockville, Maryland, this 20th day of December 2001.
For the Nuclear Regulatory Commission.
Brian W. Sheron,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 01-31927 Filed 12-27-01; 8:45 am]
BILLING CODE 7590-01-P