In the Matter of Duke Energy Carolinas, LLC; North Carolina Electric Membership Corporation; Saluda River Electric Cooperative, Inc. (Catawba Nuclear Station, Unit 1); Order Approving Direct Transfer of License and Approving Conforming Amendment, 57157-57158 [E8-23091]

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• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57157-57158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23091]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-413; Renewed License No. NPF-35]


In the Matter of Duke Energy Carolinas, LLC; North Carolina 
Electric Membership Corporation; Saluda River Electric Cooperative, 
Inc. (Catawba Nuclear Station, Unit 1); Order Approving Direct Transfer 
of License and Approving Conforming Amendment

I.

    Duke Energy Carolinas, LLC (the licensee), the North Carolina 
Electric Membership Corporation (NCEMC/the licensee), and the Saluda 
River Electric Cooperative, Inc. (SREC), are the owners of Catawba 
Nuclear Station, Unit 1 (Catawba 1). With respect to their ownerships, 
they are coholders of Renewed Facility Operating License No. NPF-35. 
Catawba 1 is located in York County, South Carolina.

II.

    By application dated December 20, 2007, as supplemented by letter 
dated May 29, 2008, Duke Energy Carolinas, LLC, requested on behalf of 
itself, NCEMC and SREC, pursuant to Title 10 of the Code of Federal 
Regulations (10 CFR), Section 50.80 (10 CFR 50.80), that the Nuclear 
Regulatory Commission (NRC) consent to certain license transfers to 
permit the direct transfer of the 18.75 percent undivided ownership 
interest of SREC in Catawba 1, to the Duke Energy Carolinas, LLC, a 
current owner and operator, and NCEMC, a current owner. According to 
the application for approval filed by the licensees, following 
approval, Duke Energy Carolinas, LLC will purchase 71.96 percent of the 
SREC's interest in Catawba 1 (i.e., 13.49 percent of SREC's undivided 
ownership interest) and NCEMC will purchase 28.04 percent of SREC's 
interest in Catawba 1 (i.e., 5.26 percent of SREC's undivided ownership 
interest). Duke Energy Carolinas, LLC will remain responsible for the 
operation and maintenance of Catawba 1.
    Approval of the direct transfer of the facility operating license 
was requested by Duke pursuant to 10 CFR 50.80. A notice 
entitled,``Notice of Consideration of Approval of the Proposed Transfer 
of the Catawba Nuclear Station, Unit 1, Renewed Facility Operating 
License No. NPF-35 and Conforming Agreement, and Opportunity for a 
Hearing Regarding Transfer of the Saluda River Electric Cooperative, 
Inc.'s Undivided Ownership Interest in Catawba Nuclear Station, Unit 1, 
to Duke Energy Carolinas, LLC, a Current Owner and Operator, and North 
Carolina Electric Membership Corporation, a Current Owner,'' was 
published in the Federal Register on July 21, 2008 (73 FR 42375). No 
comments or hearing requests were received.
    Under 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 U.S. Nuclear Regulatory Commission (NRC) shall give 
its consent in writing. Upon review of the information in the 
licensees' application, and other information before the Commission, 
the NRC staff has determined that Duke Energy Carolinas, LLC, and NCEMC 
are qualified to hold the license to the extent proposed to permit the 
transfer of SREC's 18.75 percent undivided ownership interest in 
Catawba 1 to Duke Energy Carolinas, LLC, (13.49 percent) and NCEMC 
(5.26 percent), and that the transfers of the license are otherwise 
consistent with the applicable provisions of law, regulations, and 
orders issued by the NRC, pursuant thereto, subject to the conditions 
set forth below. The NRC staff has further found that the application 
for the proposed license amendment 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 
I; the facilities 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 amendment 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 amendment will not be inimical to the common 
defense and security or to the health and safety of the public; and the 
issuance of the proposed amendment will be in accordance with10 CFR 
Part 51 of the Commission's regulations and all applicable requirements 
have been satisfied. The findings set forth above are supported by a 
safety evaluation dated September 25, 2008.

III

    Accordingly, pursuant to Sections 161b, 161i, 161.o, and 184 of the 
Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 
2201(i), 2201(o), and 2234; and 10 CFR 50.80, it is hereby ordered that 
the application regarding

[[Page 57158]]

the proposed direct license transfer is approved, subject to the 
following conditions:
    1. At the time of closing of the license transfer, SREC shall 
transfer to Duke Energy Carolinas, LLC's Master Decommissioning Trust, 
the proportional amount of SREC's decommissioning funds corresponding 
to the proportionate ownership interest being transferred 
(approximately 13.49 percent of SREC's 18.75 percent interest in 
Catawba 1).
    2. At the time of closing of the license transfer, SREC shall 
transfer to the NCEMC decommissioning fund, the proportional amount of 
SREC's decommissioning fund corresponding to the proportionate 
ownership interest being transferred (approximately 5.26 percent of 
SREC's 18.75 percent interest in Catawba 1).
    It is further ordered that consistent with 10 CFR 2.1315(b), the 
license amendment that makes a change, as indicated in Enclosure 3 to 
the cover letter forwarding this Order, to reflect the subject direct 
transfer, is approved. The amendment shall be issued and made effective 
at the time the proposed direct transfer action is completed.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed direct transfer action, Duke shall inform the 
Director of the Office of Nuclear Reactor Regulation in writing of such 
receipt no later than 2 business days prior to the date of the closing 
of the direct transfer. Should the proposed direct transfer not be 
completed by September 30, 2009, this Order shall become null and void, 
provided, however, upon written application and good cause shown, such 
date may be extended by order.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated December 20, 2007 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML073580264), as supplemented 
by letter dated May 29, 2008 (ADAMS Accession No. ML081540469), 2008, 
and the Safety Evaluation dated September 25, 2008, which are available 
for public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area 01 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland, and accessible 
electronically from the ADAMS public electronic reading room on the 
Internet at the NRC 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 documents located in ADAMS, should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by 
e-mail to pdr.resource@nrc.gov.

    Dated at Rockville, Maryland this 25th day of September 2008.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
 [FR Doc. E8-23091 Filed 9-30-08; 8:45 am]
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