In the Matter of Southern California Edison Company the City of Anaheim, CA; San Onofre Nuclear Generating Station, Units 2 and 3; Order Approving Transfer of Licenses and Conforming Amendments, 58881-58882 [E6-16446]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Notices]
[Pages 58881-58882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16446]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-361 and 50-362; License Nos. NPF-10 and NPF-15]


In the Matter of Southern California Edison Company the City of 
Anaheim, CA; San Onofre Nuclear Generating Station, Units 2 and 3; 
Order Approving Transfer of Licenses and Conforming Amendments

I.

    Southern California Edison Company (SCE), San Diego Gas and 
Electric Company (SDG&E), the City of Riverside, California 
(Riverside), and the City of Anaheim, California (Anaheim), are the 
owners of San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS 2 
and 3), located in San Diego County, California. With respect to their 
ownership, they co-hold the Facility Operating Licenses Nos. NPF-10 and 
NPF-15, for SONGS 2 and 3. SCE is authorized to act as agent for the 
other co-owners and has exclusive responsibility and control under the 
licenses over the physical construction, operation, and maintenance of 
the facility.

II.

    By application dated March 10, 2006, as supplemented May 16, 2006, 
SCE, acting on behalf of itself and Anaheim, requested pursuant to 
Title 10, Section 50.80 of the Code of Federal Regulations (10 CFR 
50.80), that the Nuclear Regulatory Commission (NRC) consent to certain 
license transfers to permit the transfer of Anaheim's 3.16-percent 
undivided ownership interest in SONGS 2 and 3 to SCE, excluding 
Anaheim's interest in its spent fuel and in the SONGS 2 and 3 
independent spent fuel storage installation (ISFSI). The initial 
application and the supplement are hereinafter referred to as ``the 
application'' unless otherwise indicated. SCE also requested, pursuant 
10 CFR 50.90, approval of conforming license amendments to reflect the 
transfer. The conforming license amendments would address Anaheim's 
transfer of its above stated ownership interests in the facility. 
Anaheim will retain its ownership interests in its spent nuclear fuel 
and the facility's ISFSI located on the facility's site, and financial 
responsibility for its spent fuel and a portion of the facility's 
decommissioning costs. Anaheim proposes to remain a licensee for the 
purposes of its retained interests and liabilities.
    Notice of consideration of approval of the transfer of the Facility 
Operating

[[Page 58882]]

Licenses and conforming amendments and an opportunity for a hearing was 
published in the Federal Register on June 8, 2006 (71 FR 33321). 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. After reviewing the information in SCE's application and other 
information before the Commission, and relying upon the representations 
and agreements contained in the application, the NRC staff has 
determined that SCE is qualified to hold the licenses to the extent 
proposed to permit the transfer of Anaheim's 3.16-percent undivided 
ownership interest in SONGS 2 and 3 to SCE, excluding Anaheim's 
interest in its spent fuel and in the SONGS 2 and 3 ISFSI, as 
previously described herein, and that the transfer of the licenses is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto, 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 (AEA) of 1954, as 
amended, and the Commission's rules and regulations set forth in 10 CFR 
Chapter I; 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 September 27, 2006.

III.

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the AEA 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 the licenses to SCE, 
as described herein, is approved, subject to the following conditions:

    After receipt of all required regulatory approvals of the 
transfer of Anaheim's 3.16-percent undivided ownership interest in 
SONGS 2 and 3 to SCE, excluding Anaheim's interest in its spent fuel 
and in the SONGS 2 and 3 ISFSI, as previously described herein, SCE 
shall inform the Director, 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 7 business days before the 
date of closing. If the transfer is not completed by September 27, 
2007, this Order shall become null and void, provided however, that 
upon written application and for good cause shown, such date may be 
extended in writing.

    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 license transfers are approved. The amendments 
shall be issued and made effective at the time the proposed transfers 
are completed.
    This Order is effective upon issuance.
    For further details with respect to this action, see the initial 
application dated March 10, 2006, the supplemental submittal dated May 
16, 2006, and the safety evaluation dated September 27, 2006, which are 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, and accessible electronically 
through the Agencywide Documents Access and Management System (ADAMS) 
Public Electronic Reading Room on the Internet on the NRC's Web site 
https://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the document 
located in ADAMS, should contact the Office of Nuclear Reactor 
Regulation PDR reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to PDR@nrc.gov.

    Dated at Rockville, Maryland, this 27th day of September 2006.

    For the Nuclear Regulatory Commission.
J. E. Dyer,
Director, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-16446 Filed 10-4-06; 8:45 am]
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