In the Matter of Carolina Power & Light Company, North Carolina Eastern Municipal Power Agency Shearon Harris Nuclear Power Plant, Unit 1; Order Approving Indirect Transfer of Control of License, 77021-77022 [2011-31635]

Download as PDF Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–018 and 52–019; NRC– 2008–0170, Docket Nos. 52–022 and 52–023; NRC–2008–0231, Docket Nos. 52–029 and 52–030; NRC–2008–0558, Docket Nos. 52– 040 and 52–041; NRC–2009–0337] Notice of Availability of Combined License Applications ACTION: Combined license applications; receipt. The U.S. Nuclear Regulatory Commission (NRC) is giving notice once each week for four consecutive weeks of combined license (COL) applications from Progress Energy Florida, Inc., Duke Energy Carolinas, LLC, Progress Energy Carolinas, Inc., and Florida Power & Light Company. ADDRESSES: You can access publicly available documents related to this action using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–(800) 397–4209, (301) 415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession numbers for the initial application cover letters are as follows: ML073510494 for William States Lee III Nuclear Station Units 1 and 2, ML080580078 for Shearon Harris Nuclear Power Plant Units 2 and 3; ML082260277 for Levy Nuclear Plant Units 1 and 2; and ML091830589 for Turkey Point Units 6 and 7. • Federal Rulemaking Web site: Public comments and supporting materials related to this action can be found at http://www.regulations.gov by searching on Docket ID NRC–2008–0170 (William States Lee III Nuclear Station Units 1 and 2), NRC–2008–0231 (Shearon Harris Nuclear Power Plant Units 2 and 3), NRC–2008–0558 (Levy Nuclear Plant Units 1 and 2), and NRC– 2009–0337 (Turkey Point Units 6 and 7). Address questions about NRC dockets to srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 Carol Gallagher, telephone: (301) 492– 3668; email: Carol.Gallagher@nrc.gov. The applications are also available at http://www.nrc.gov/reactors/newreactors/col.html. FOR FURTHER INFORMATION CONTACT: Donald Habib, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: (301) 415–1035, email: Donald.Habib@nrc.gov. SUPPLEMENTARY INFORMATION: The following parties have filed applications for COLs with the NRC, pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, and Title 10 of the Code of Federal Regulations (10 CFR) part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants:’’ 1. On December 12, 2007, Duke Energy Carolinas, LLC, submitted an application for COLs for two AP1000 advanced passive pressurized water reactors designated as William States Lee III Nuclear Station Units 1 and 2 in Cherokee County, South Carolina. 2. On February 18, 2008, Progress Energy Carolinas, Inc., submitted an application for COLs for two AP1000 advanced passive pressurized water reactors designated as Shearon Harris Nuclear Power Plant Units 2 and 3 in Wake County, North Carolina. 3. On July 28, 2008, Progress Energy Florida, Inc., submitted an application for COLs for two AP1000 advanced passive pressurized water reactors designated as Levy Nuclear Plant Units 1 and 2 in Levy County, Florida. 4. On June 30, 2009, Florida Power & Light Company submitted an application for COLs for two AP1000 advanced passive pressurized water reactors designated as Turkey Point Units 6 and 7 in Miami-Dade County, Florida. These four applications are currently under review by the NRC staff. An applicant may seek a COL in accordance with Subpart C of 10 CFR part 52. The information submitted by the applicant includes certain administrative information, such as financial qualifications submitted pursuant to 10 CFR 52.77, as well as technical information submitted pursuant to 10 CFR 52.79. These notices are being provided in accordance with the requirements in 10 CFR 50.43(a)(3). Dated at Rockville, Maryland, this 5th day of December, 2011. For the Nuclear Regulatory Commission. Jeffrey Cruz, Chief, AP1000 Projects Branch 1, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2011–31521 Filed 12–8–11; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 77021 NUCLEAR REGULATORY COMMISSION [NRC–2011–0283; License No. NPF–63; Docket No. 50–400] In the Matter of Carolina Power & Light Company, North Carolina Eastern Municipal Power Agency Shearon Harris Nuclear Power Plant, Unit 1; Order Approving Indirect Transfer of Control of License I Carolina Power & Light Company (CP&L, the licensee) and North Carolina Eastern Municipal Power Agency are the owners of Shearon Harris Nuclear Power Plant (Harris), Unit 1. With respect to their ownership, they are coholders of Renewed Facility Operating License No. NPF–63. The Harris facility consists of a single unit Westinghouse three-loop pressurized water reactor located in Wake and Chatham Counties, North Carolina. The facility operating license authorizes CP&L to possess, use, and operate the Harris facility. II By application dated March 30, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11110A031), as supplemented by letter dated September 2, 2011 (ADAMS Accession No. ML11255A129) (collectively hereinafter referred to as the application), the licensee requested, on its own behalf, pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, and Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR), that the Nuclear Regulatory Commission (NRC, the Commission) consent to the proposed indirect transfer of control of facility operating license to for Harris, Unit 1, to the extent held by CP&L. The proposed indirect transfer of control of the Harris license results from the planned corporate merger between Progress Energy, Inc. (Progress Energy) and Duke Energy Corporation (Duke Energy). Progress Energy is CP&L’s ultimate parent corporation. As part of the transaction, Progress Energy will merge with Diamond Acquisition Corporation, a wholly owned subsidiary of Duke Energy. Progress Energy will be the surviving entity and will become a wholly owned subsidiary of Duke Energy. Progress Energy will become an intermediate parent corporation of CP&L. The ownership interest in Harris held by CP&L is 83.83 percent and that held by North Carolina Eastern Municipal Power Agency is 16.17 percent. CP&L is E:\FR\FM\09DEN1.SGM 09DEN1 77022 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES the sole operator of Harris. The proposed indirect transfer of control of the Brunswick operating license will not result in any change in the role of the CP&L as the licensed operator and owner of the licensed facilities and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications. CP&L will retain the requisite qualifications to own and operate the licensed facility. North Carolina Eastern Municipal Power Agency is not involved in the proposed transaction and will continue to own 16.17 percent of Harris facility. Approval of the indirect transfer of control of the facility operating license was requested by CP&L. A notice entitled, ‘‘Notice of Consideration of Approval of Application for Indirect License Transfers Resulting from the Proposed Merger Between Progress Energy, Inc. and Duke Energy Corporation, and Opportunity for Hearing,’’ was published in the Federal Register on August 30, 2011 (76 FR 53967). No comments or hearing requests were received. Pursuant to 10 CFR 50.80(a), no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the NRC shall give its consent in writing. Upon review of the information in the application and other information before the Commission, and relying on the representations in the application, the NRC staff has determined that the proposed indirect transfer of control of the Harris license to the extent held by CP&L, to the extent affected by the planned corporate merger between Progress Energy and Duke Energy Corporation, will not affect the qualifications of CP&L as holder of the Harris license and is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, pursuant thereto. The findings set forth above are supported by a safety evaluation dated December 2, 2011. III Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the Atomic Energy Act of 1954, as amended (42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234 respectively); and 10 CFR 50.80, it is hereby ordered that the application regarding the indirect license transfer related to the proposed merger is approved. It is further ordered that after receipt of all required regulatory approvals of the proposed indirect transfer action, CP&L shall inform the Director of the Office of Nuclear Reactor Regulation in VerDate Mar<15>2010 18:35 Dec 08, 2011 Jkt 226001 writing of the date of the closing of the corporate merger of Progress Energy and Duke Energy. Should the indirect transfer of control of the licenses not be completed by December 2, 2012, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by order of the Commission. This Order is effective upon issuance. For further details with respect to this Order, see the initial application dated March 30, 2011, as supplemented by letter dated September 2, 2011, and the Safety Evaluation dated December 2, 2011, 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. Publicly available documents created or received at the NRC are accessible electronically through ADAMS at http://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 email to pdr.resource@ nrc.gov. Dated at Rockville, Maryland, this 2nd day of December 2011. For the Nuclear Regulatory Commission. Michele G. Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2011–31635 Filed 12–8–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2011–0282; License Nos. DPR–23 and SNM–2502; Docket Nos. 50–261 and 72–3] In the Matter of Carolina Power & Light Company, H.B. Robinson Steam Electric Plant, Unit No. 2, H. B. Robinson Steam Electric Plant, Unit 2, Independent Spent Fuel Storage Installation; Order Approving Indirect Transfer of Control of Licenses I. Carolina Power & Light Company (CP&L, the licensee) is the owner of the H.B. Robinson Steam Electric Plant (Robinson), Unit No. 2, Renewed Facility Operating License No. DPR–23, and the Robinson Unit No. 2 Independent Spent Fuel Storage Installation (ISFSI), Renewed Materials License No. SNM–2502. The Robinson facility consists of a single unit PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Westinghouse three-loop pressurized water reactor and an ISFSI located in Darlington County, South Carolina. The facility operating license and materials license authorize CP&L to possess, use, and operate the Robinson facility. II. By application dated March 30, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML11110A031), as supplemented by letter dated September 2, 2011 (ADAMS Accession No. ML11255A129) (collectively hereinafter referred to as the application), the licensee requested, pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, and Sections 50.80 and 72.50 of Title 10 of the Code of Federal Regulations (10 CFR), that the Nuclear Regulatory Commission (NRC or the Commission) consent to the proposed indirect transfer of control of the facility operating license and materials license for Robinson. The proposed indirect transfer of control of the licenses results from the planned corporate merger between Progress Energy, Inc. (Progress Energy) and Duke Energy Corporation (Duke Energy). Progress Energy is CP&L’s ultimate parent corporation. As part of the transaction, Progress Energy will merge with Diamond Acquisition Corporation, a wholly owned subsidiary of Duke Energy. Progress Energy will be the surviving entity and will become a wholly owned subsidiary of Duke Energy. Progress Energy will become an intermediate parent corporation of CP&L. CP&L holds 100 percent ownership and is the sole operator of the Robinson facility. The proposed indirect transfer of control of the Robinson licenses will not result in any change in the role of the CP&L as the licensed operator and owner of the Robinson facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications. CP&L will retain the requisite qualifications to own and operate the licensed facility. Approval of the indirect transfer of control of the facility operating license and the material license for Robinson was requested by CP&L. A notice entitled, ‘‘Notice of Consideration of Approval of Application for Indirect License Transfers Resulting from the Proposed Merger Between Progress Energy, Inc. and Duke Energy Corporation, and Opportunity for Hearing,’’ was published in the Federal Register on August 31, 2011 (76 FR 54261). No comments or hearing requests were received. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 77021-77022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31635]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0283; License No. NPF-63; Docket No. 50-400]


In the Matter of Carolina Power & Light Company, North Carolina 
Eastern Municipal Power Agency Shearon Harris Nuclear Power Plant, Unit 
1; Order Approving Indirect Transfer of Control of License

I

    Carolina Power & Light Company (CP&L, the licensee) and North 
Carolina Eastern Municipal Power Agency are the owners of Shearon 
Harris Nuclear Power Plant (Harris), Unit 1. With respect to their 
ownership, they are coholders of Renewed Facility Operating License No. 
NPF-63. The Harris facility consists of a single unit Westinghouse 
three-loop pressurized water reactor located in Wake and Chatham 
Counties, North Carolina. The facility operating license authorizes 
CP&L to possess, use, and operate the Harris facility.

II

    By application dated March 30, 2011 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML11110A031), as 
supplemented by letter dated September 2, 2011 (ADAMS Accession No. 
ML11255A129) (collectively hereinafter referred to as the application), 
the licensee requested, on its own behalf, pursuant to Section 184 of 
the Atomic Energy Act of 1954, as amended, and Section 50.80 of Title 
10 of the Code of Federal Regulations (10 CFR), that the Nuclear 
Regulatory Commission (NRC, the Commission) consent to the proposed 
indirect transfer of control of facility operating license to for 
Harris, Unit 1, to the extent held by CP&L. The proposed indirect 
transfer of control of the Harris license results from the planned 
corporate merger between Progress Energy, Inc. (Progress Energy) and 
Duke Energy Corporation (Duke Energy). Progress Energy is CP&L's 
ultimate parent corporation. As part of the transaction, Progress 
Energy will merge with Diamond Acquisition Corporation, a wholly owned 
subsidiary of Duke Energy. Progress Energy will be the surviving entity 
and will become a wholly owned subsidiary of Duke Energy. Progress 
Energy will become an intermediate parent corporation of CP&L.
    The ownership interest in Harris held by CP&L is 83.83 percent and 
that held by North Carolina Eastern Municipal Power Agency is 16.17 
percent. CP&L is

[[Page 77022]]

the sole operator of Harris. The proposed indirect transfer of control 
of the Brunswick operating license will not result in any change in the 
role of the CP&L as the licensed operator and owner of the licensed 
facilities and will not result in any changes to its financial 
qualifications, decommissioning funding assurance, or technical 
qualifications. CP&L will retain the requisite qualifications to own 
and operate the licensed facility. North Carolina Eastern Municipal 
Power Agency is not involved in the proposed transaction and will 
continue to own 16.17 percent of Harris facility.
    Approval of the indirect transfer of control of the facility 
operating license was requested by CP&L. A notice entitled, ``Notice of 
Consideration of Approval of Application for Indirect License Transfers 
Resulting from the Proposed Merger Between Progress Energy, Inc. and 
Duke Energy Corporation, and Opportunity for Hearing,'' was published 
in the Federal Register on August 30, 2011 (76 FR 53967). No comments 
or hearing requests were received.
    Pursuant to 10 CFR 50.80(a), no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the NRC shall give its consent in 
writing. Upon review of the information in the application and other 
information before the Commission, and relying on the representations 
in the application, the NRC staff has determined that the proposed 
indirect transfer of control of the Harris license to the extent held 
by CP&L, to the extent affected by the planned corporate merger between 
Progress Energy and Duke Energy Corporation, will not affect the 
qualifications of CP&L as holder of the Harris license and is otherwise 
consistent with the applicable provisions of law, regulations, and 
orders issued by the NRC, pursuant thereto. The findings set forth 
above are supported by a safety evaluation dated December 2, 2011.

III

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. Sections 2201(b), 
2201(i), 2201(o), and 2234 respectively); and 10 CFR 50.80, it is 
hereby ordered that the application regarding the indirect license 
transfer related to the proposed merger is approved.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed indirect transfer action, CP&L shall inform 
the Director of the Office of Nuclear Reactor Regulation in writing of 
the date of the closing of the corporate merger of Progress Energy and 
Duke Energy. Should the indirect transfer of control of the licenses 
not be completed by December 2, 2012, this Order shall become null and 
void, provided, however, upon written application and good cause shown, 
such date may be extended by order of the Commission.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated March 30, 2011, as supplemented by letter dated 
September 2, 2011, and the Safety Evaluation dated December 2, 2011, 
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. 
Publicly available documents created or received at the NRC are 
accessible electronically through ADAMS at http://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 email to pdr.resource@nrc.gov.

    Dated at Rockville, Maryland, this 2nd day of December 2011.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2011-31635 Filed 12-8-11; 8:45 am]
BILLING CODE 7590-01-P