In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Plant, 32416-32418 [2015-13939]
Download as PDF
mstockstill on DSK4VPTVN1PROD with NOTICES
32416
Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
free call at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. However, in some
instances, a request to intervene will
require including information on local
residence in order to demonstrate a
proximity assertion of interest in the
proceeding. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, participants are requested
not to include copyrighted materials in
their submission.
For further details with respect to this
action, see the application for license
amendment dated May 26, 2015.
VerDate Sep<11>2014
17:09 Jun 05, 2015
Jkt 235001
Attorney for licensee: Ms. Kathryn M.
Sutton, Morgan, Lewis & Bockius LLC,
1111 Pennsylvania Avenue NW.,
Washington, DC 20004–2514.
NRC Branch Chief: Denise L.
McGovern
Dated at Rockville, Maryland, this 1st day
of June 2015.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Acting Branch Chief, Licensing Branch 4,
Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2015–13940 Filed 6–5–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; License No. DPR–72;
NRC–2011–0024]
In the Matter of Duke Energy Florida,
Inc.; Crystal River Unit 3 Nuclear
Generating Plant
Nuclear Regulatory
Commission.
ACTION: Direct transfer of license; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order to
Duke Energy Florida, Inc. (DEF),
approving the direct transfer of Facility
Operating License No. DPR–72 for
Crystal River Unit 3 Nuclear Generating
Plant (CR–3), to the extent held by eight
minority co-owners to DEF. The eight
minority co-owners, all municipalities
or utilities in the State of Florida, are as
follows: The City of Alachua, City of
Bushnell, City of Gainesville, City of
Kissimmee, City of Leesburg, City of
New Smyrna Beach and Utilities
Commission/City of New Smyrna
Beach, City of Ocala, and Orlando
Utilities Commission/City of Orlando
(the eight minority co-owners,
collectively). The direct license transfer
does not involve Seminole Electric
Cooperative, Inc., the remaining coowner of CR–3. A conforming license
amendment will remove reference to the
eight minority co-owners in the license.
The CR–3 facility is permanently shut
down and defueled and the application
proposed no physical changes to the
facility or operational changes. DEF and
Seminole Electric Corporation, Inc., will
be joint owners of CR–3 and DEF will
be the operator of the facility. This
Order is effective upon issuance.
DATES: The Order was issued on May
29, 2015, and is effective for one year.
ADDRESSES: Please refer to Docket ID
NRC–2011–0024 when contacting the
NRC about the availability of
information regarding this document.
SUMMARY:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0024. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Michael D. Orenak, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
3229; email: Michael.Orenak@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Rockville, Maryland this 29th day
of May, 2015.
For The Nuclear Regulatory Commission.
Meena K. Khanna,
Chief, Plant Licensing IV–2 and
Decommissioning Transition Branch,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
Attachment—Order Approving
Transfer of License and Conforming
Amendment
United States of America
Nuclear Regulatory Commission
In the Matter of Duke Energy Florida, Inc.;
Crystal River Unit 3 Nuclear Generating
Plant, Docket No. 50–302, License No. DPR–
72, Order Approving Transfer of License and
Conforming Amendment.
I.
Duke Energy Florida, Inc. (DEF or the
applicant), City of Alachua, City of
Bushnell, City of Gainesville, City of
E:\FR\FM\08JNN1.SGM
08JNN1
Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Kissimmee, City of Leesburg, City of
New Smyrna Beach and Utilities
Commission/City of New Smyrna
Beach, City of Ocala, Orlando Utilities
Commission/City of Orlando, and
Seminole Electric Cooperative, Inc., are
holders of Facility Operating License
No. DPR–72, which authorizes the
possession of the Crystal River Unit 3
Nuclear Generating Plant (CR–3).
Facility Operating License No. DPR–72
also authorizes DEF (currently owner of
91.78 percent of CR–3) to use and
operate CR–3. CR–3 is located in Red
Level, Florida, in Citrus County, about
5 miles south of Levy County. The site
is 7.5 miles northwest of Crystal River,
Florida, and 90 miles north of St.
Petersburg, Florida. CR–3 is situated on
the Gulf of Mexico, within the Crystal
River Energy Complex.
CR–3 has been shut down since
September 26, 2009, and the final
removal of fuel from the reactor vessel
was completed on May 28, 2011. By
letter dated February 20, 2013, the
licensee submitted a certification to the
NRC of permanent cessation of power
operations and the removal of fuel from
the reactor vessel, pursuant to Sections
50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title
10 of the Code of Federal Regulations
(10 CFR). Upon docketing of this
certification, the 10 CFR part 50 license
for CR–3 no longer authorizes operation
of the reactor or emplacement or
retention of fuel into the reactor vessel,
as specified in 10 CFR 50.82(a)(2).
II.
By application dated November 7,
2014, as supplemented by letter dated
April 30, 2015 (collectively, the
application), DEF requested that the
U.S. Nuclear Regulatory Commission
(NRC) approve the direct transfer of
control of Facility Operating License
No. DPR–72 for CR–3, to the extent held
by the eight minority co-owners to DEF.
The eight minority co-owners
collectively own 6.52 percent of CR–3
and are as follows: The City of Alachua,
City of Bushnell, City of Gainesville,
City of Kissimmee, City of Leesburg,
City of New Smyrna Beach and Utilities
Commission/City of New Smyrna
Beach, City of Ocala, and Orlando
Utilities Commission/City of Orlando.
The proposed direct transfer of the
license does not involve Seminole
Electric Cooperative, Inc., the remaining
co-owner (1.70 percent interest) of CR–
3. As a result of the transaction, DEF
and Seminole Electric Cooperative, Inc.,
will become the joint owners of CR–3.
The applicant also requested approval
of a conforming administrative license
amendment that would remove the
references to the eight minority co-
VerDate Sep<11>2014
17:09 Jun 05, 2015
Jkt 235001
owners in the license. DEF did not
propose any physical changes to the
facilities or operational changes in the
application. After completion of the
proposed transfer, DEF and Seminole
Electric Cooperative, Inc., will be the
joint owners of CR–3, holding 98.30
percent interest and 1.70 percent
interest, respectively, and DEF will
remain the operator of the facility.
DEF requested approval of the direct
transfer of the facility operating license
and the conforming license amendment
pursuant to 10 CFR 50.80, ‘‘Transfer of
licenses,’’ and 10 CFR 50.90,
‘‘Application for amendment of license,
construction permit, or early site
permit.’’ A notice entitled, ‘‘Crystal
River Nuclear Generating Plant, Unit 3;
Consideration of Approval of Transfer of
License and Conforming Amendment,’’
was published in the Federal Register
on April 28, 2015 (80 FR 23612). The
NRC did not receive any public
comments regarding the proposed
license transfer.
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
provides its consent in writing. Upon
review of the information in the
licensee’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 DEF is qualified to hold
the ownership interests in the facility
previously held by the eight minority
co-owners. The NRC staff has also
determined that the direct transfer of
ownership interests in the facility to
DEF, as described in the application, is
otherwise consistent with applicable
provisions of laws, 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
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 facility will operate in
conformity with the applications, 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
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
32417
and security or to the health and safety
of the public; and the issuance of the
proposed amendment will be in
accordance with 10 CFR part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied.
The findings set forth above are
supported by the NRC safety evaluation
dated May 29, 2015.
III.
Accordingly, pursuant to Sections
161b, 161i, 161o and 184 of the Act, 42
U.S.C. Sections 2201(b), 2201(i), 2201(o)
and 2234; and 10 CFR 50.80, it is hereby
ordered that the direct transfer of the
license, as described herein, to DEF is
approved, subject to the following
condition:
1. DEF shall provide satisfactory
documentary evidence to the Director of the
Office of Nuclear Reactor Regulation that it
has obtained the insurance required of a
licensee under 10 CFR part 140, ‘‘Financial
Protection Requirements and Indemnity
Agreements,’’ in the appropriate amount
pursuant to the exemption to 10 CFR
140.11(a)(4) granted to DEF by NRC letter
dated April 27, 2015 (Agencywide
Documents Access and Management System
(ADAMS) Accession No. ML14183B338).
It is further ordered that, consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the license to reflect the subject direct
license transfer is approved. The license
amendment shall be issued and made
effective at the time the proposed direct
transfer is completed.
It is further ordered that after receipt
of all required regulatory approvals of
the proposed direct transfer action, DEF
shall inform the Director of the Office of
Nuclear Reactor Regulation in writing of
such receipt, and the date of closing of
the transfer no later than one business
day prior to the date of the closing of the
direct transfer. Should the direct
transfer not be completed within one
year of this Order’s date of issue, this
Order shall become null and void,
provided, however, that 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
November 7, 2014 (ADAMS Accession
No. ML14321A450), as supplemented
by letter dated April 30, 2015 (ADAMS
Accession No. ML15126A278), and the
safety evaluation dated May 29, 2015
(ADAMS Accession No. ML15121A570),
which are available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
E:\FR\FM\08JNN1.SGM
08JNN1
32418
Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
White Flint North, 11555 Rockville
Pike, Room O–1 F21 (First Floor),
Rockville, Maryland and accessible
electronically though 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, 301–415–4737, or by email at
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 29th day
of May 2015.
For The Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2015–13939 Filed 6–5–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–609; NRC–2013–0235]
Northwest Medical Isotopes, LLC;
Construction Permit Application
Nuclear Regulatory
Commission.
ACTION: Construction permit
application; docketing.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) staff has determined
that the partial application for a
construction permit, submitted by
Northwest Medical Isotopes, LLC
(NWMI) is acceptable for docketing. The
NWMI proposes to build a medical
radioisotope production facility located
in Columbia, Missouri.
DATES: June 8, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2013–0235 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0235. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:09 Jun 05, 2015
Jkt 235001
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Michael Balazik, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2856; email: Michael.Balazik@nrc.gov.
SUPPLEMENTARY INFORMATION: On
November 7, 2014, NWMI filed with the
NRC, pursuant to Section 103 of the
Atomic Energy Act of 1954, as amended,
and part 50 of Title 10 of the Code of
Federal Regulations (10 CFR), a portion
of an application for a construction
permit for a medical radioisotope
production facility in Columbia,
Missouri. By letter dated February 5,
2015 (ADAMS Accession No.
ML15086A262), NWMI withdrew and
resubmitted this portion of its
construction permit application
(ADAMS Accession No. ML15086A261)
to include a discussion of connected
actions in its environmental report in
response to a January 23, 2015, letter
from the NRC (ADAMS Accession No.
ML14349A501). A notice of receipt of
this application was previously
published in the Federal Register on
April 21, 2015 (80 FR 22227).
An exemption from certain
requirements of 10 CFR 2.101(a)(5)
granted by the Commission on October
7, 2013, and published in the Federal
Register on October 24, 2013 (78 FR
63501), in response to a letter from
NWMI dated August 9, 2013 (ADAMS
Accession No. ML13227A295), allowed
for NWMI to submit its construction
permit application in two parts.
Specifically, the exemption allowed
NWMI to submit a portion of its
application for a construction permit up
to six months prior to the remainder of
the application regardless of whether or
not an environmental impact statement
or a supplement to an environmental
impact statement was prepared during
the review of its application. On
February 5, 2015, in accordance with 10
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
CFR 2.101(a)(5), NWMI submitted the
following in part one of the construction
permit application (ADAMS Accession
No. ML15086A261):
• The description and safety
assessment of the site required by 10
CFR 50.34(a)(1),
• the environmental report required
by 10 CFR 50.30(f),
• the filing fee information required
by 10 CFR 50.30(e) and 10 CFR 170.21,
• the general information required by
10 CFR 50.33; and
• the agreement limiting access to
classified information required by 10
CFR 50.37.
The NRC staff has determined that
NWMI has submitted the information
listed above in accordance with 10 CFR
2.101(a)(5) and that the partial
application is acceptable for docketing.
The docket number established for the
NWMI facility is 50–609.
The NRC staff will perform a detailed
technical review of the partial
construction permit application.
Docketing of the partial construction
permit application does not preclude
the NRC from requesting additional
information from the applicant as the
review proceeds, nor does it predict
whether the Commission will grant or
deny the application. The NRC staff will
also perform an acceptance review of
the second and final part of the
construction permit application when it
is tendered. As stated in NWMI’s
February 5, 2015, letter, the second and
final part of NWMI’s application for a
construction permit will contain the
remainder of the preliminary safety
analysis report required by 10 CFR
50.34(a) and will be submitted in
accordance with the requirements of 10
CFR 2.101(a)(5). If, after completion of
the acceptance review of the full
construction permit application, the full
construction permit application is found
acceptable for docketing, the
Commission or a designated Atomic
Safety and Licensing Board will conduct
a hearing in accordance with Subpart L,
‘‘Simplified Hearing Procedures for NRC
Adjudications,’’ of 10 CFR part 2 and
the Advisory Committee on Reactor
Safeguards will prepare a report on the
construction permit application
consistent with 10 CFR 50.58, ‘‘Hearings
and report of the Advisory Committee
on Reactor Safeguards.’’ The
Commission will announce in a future
Federal Register notice, the opportunity
to petition for leave to intervene in the
hearing required for this application by
10 CFR 50.58, as well as the time and
place of the hearing. If the Commission
finds that the full construction permit
application meets the applicable
standards of the Atomic Energy Act and
E:\FR\FM\08JNN1.SGM
08JNN1
Agencies
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32416-32418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13939]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; License No. DPR-72; NRC-2011-0024]
In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3
Nuclear Generating Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct transfer of license; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order to Duke Energy Florida, Inc. (DEF), approving the direct transfer
of Facility Operating License No. DPR-72 for Crystal River Unit 3
Nuclear Generating Plant (CR-3), to the extent held by eight minority
co-owners to DEF. The eight minority co-owners, all municipalities or
utilities in the State of Florida, are as follows: The City of Alachua,
City of Bushnell, City of Gainesville, City of Kissimmee, City of
Leesburg, City of New Smyrna Beach and Utilities Commission/City of New
Smyrna Beach, City of Ocala, and Orlando Utilities Commission/City of
Orlando (the eight minority co-owners, collectively). The direct
license transfer does not involve Seminole Electric Cooperative, Inc.,
the remaining co-owner of CR-3. A conforming license amendment will
remove reference to the eight minority co-owners in the license. The
CR-3 facility is permanently shut down and defueled and the application
proposed no physical changes to the facility or operational changes.
DEF and Seminole Electric Corporation, Inc., will be joint owners of
CR-3 and DEF will be the operator of the facility. This Order is
effective upon issuance.
DATES: The Order was issued on May 29, 2015, and is effective for one
year.
ADDRESSES: Please refer to Docket ID NRC-2011-0024 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0024. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it available in
ADAMS) is provided the first time that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Michael D. Orenak, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3229; email: Michael.Orenak@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland this 29th day of May, 2015.
For The Nuclear Regulatory Commission.
Meena K. Khanna,
Chief, Plant Licensing IV-2 and Decommissioning Transition Branch,
Division of Operating Reactor Licensing, Office of Nuclear Reactor
Regulation.
Attachment--Order Approving Transfer of License and Conforming
Amendment
United States of America
Nuclear Regulatory Commission
In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3
Nuclear Generating Plant, Docket No. 50-302, License No. DPR-72,
Order Approving Transfer of License and Conforming Amendment.
I.
Duke Energy Florida, Inc. (DEF or the applicant), City of Alachua,
City of Bushnell, City of Gainesville, City of
[[Page 32417]]
Kissimmee, City of Leesburg, City of New Smyrna Beach and Utilities
Commission/City of New Smyrna Beach, City of Ocala, Orlando Utilities
Commission/City of Orlando, and Seminole Electric Cooperative, Inc.,
are holders of Facility Operating License No. DPR-72, which authorizes
the possession of the Crystal River Unit 3 Nuclear Generating Plant
(CR-3). Facility Operating License No. DPR-72 also authorizes DEF
(currently owner of 91.78 percent of CR-3) to use and operate CR-3. CR-
3 is located in Red Level, Florida, in Citrus County, about 5 miles
south of Levy County. The site is 7.5 miles northwest of Crystal River,
Florida, and 90 miles north of St. Petersburg, Florida. CR-3 is
situated on the Gulf of Mexico, within the Crystal River Energy
Complex.
CR-3 has been shut down since September 26, 2009, and the final
removal of fuel from the reactor vessel was completed on May 28, 2011.
By letter dated February 20, 2013, the licensee submitted a
certification to the NRC of permanent cessation of power operations and
the removal of fuel from the reactor vessel, pursuant to Sections
50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title 10 of the Code of Federal
Regulations (10 CFR). Upon docketing of this certification, the 10 CFR
part 50 license for CR-3 no longer authorizes operation of the reactor
or emplacement or retention of fuel into the reactor vessel, as
specified in 10 CFR 50.82(a)(2).
II.
By application dated November 7, 2014, as supplemented by letter
dated April 30, 2015 (collectively, the application), DEF requested
that the U.S. Nuclear Regulatory Commission (NRC) approve the direct
transfer of control of Facility Operating License No. DPR-72 for CR-3,
to the extent held by the eight minority co-owners to DEF. The eight
minority co-owners collectively own 6.52 percent of CR-3 and are as
follows: The City of Alachua, City of Bushnell, City of Gainesville,
City of Kissimmee, City of Leesburg, City of New Smyrna Beach and
Utilities Commission/City of New Smyrna Beach, City of Ocala, and
Orlando Utilities Commission/City of Orlando. The proposed direct
transfer of the license does not involve Seminole Electric Cooperative,
Inc., the remaining co-owner (1.70 percent interest) of CR-3. As a
result of the transaction, DEF and Seminole Electric Cooperative, Inc.,
will become the joint owners of CR-3.
The applicant also requested approval of a conforming
administrative license amendment that would remove the references to
the eight minority co-owners in the license. DEF did not propose any
physical changes to the facilities or operational changes in the
application. After completion of the proposed transfer, DEF and
Seminole Electric Cooperative, Inc., will be the joint owners of CR-3,
holding 98.30 percent interest and 1.70 percent interest, respectively,
and DEF will remain the operator of the facility.
DEF requested approval of the direct transfer of the facility
operating license and the conforming license amendment pursuant to 10
CFR 50.80, ``Transfer of licenses,'' and 10 CFR 50.90, ``Application
for amendment of license, construction permit, or early site permit.''
A notice entitled, ``Crystal River Nuclear Generating Plant, Unit 3;
Consideration of Approval of Transfer of License and Conforming
Amendment,'' was published in the Federal Register on April 28, 2015
(80 FR 23612). The NRC did not receive any public comments regarding
the proposed license transfer.
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 provides its consent in
writing. Upon review of the information in the licensee'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 DEF is qualified to hold the ownership
interests in the facility previously held by the eight minority co-
owners. The NRC staff has also determined that the direct transfer of
ownership interests in the facility to DEF, as described in the
application, is otherwise consistent with applicable provisions of
laws, 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 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 facility will operate in conformity with the
applications, 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 with 10 CFR part 51 of the Commission's regulations and all
applicable requirements have been satisfied.
The findings set forth above are supported by the NRC safety
evaluation dated May 29, 2015.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o and 184 of the
Act, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o) and 2234; and 10 CFR
50.80, it is hereby ordered that the direct transfer of the license, as
described herein, to DEF is approved, subject to the following
condition:
1. DEF shall provide satisfactory documentary evidence to the
Director of the Office of Nuclear Reactor Regulation that it has
obtained the insurance required of a licensee under 10 CFR part 140,
``Financial Protection Requirements and Indemnity Agreements,'' in
the appropriate amount pursuant to the exemption to 10 CFR
140.11(a)(4) granted to DEF by NRC letter dated April 27, 2015
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML14183B338).
It is further ordered that, consistent with 10 CFR 2.1315(b), the
license amendment that makes changes, as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the license to
reflect the subject direct license transfer is approved. The license
amendment shall be issued and made effective at the time the proposed
direct transfer is completed.
It is further ordered that after receipt of all required regulatory
approvals of the proposed direct transfer action, DEF shall inform the
Director of the Office of Nuclear Reactor Regulation in writing of such
receipt, and the date of closing of the transfer no later than one
business day prior to the date of the closing of the direct transfer.
Should the direct transfer not be completed within one year of this
Order's date of issue, this Order shall become null and void, provided,
however, that 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 November 7, 2014 (ADAMS Accession No. ML14321A450),
as supplemented by letter dated April 30, 2015 (ADAMS Accession No.
ML15126A278), and the safety evaluation dated May 29, 2015 (ADAMS
Accession No. ML15121A570), which are available for public inspection
at the Commission's Public Document Room (PDR), located at One
[[Page 32418]]
White Flint North, 11555 Rockville Pike, Room O-1 F21 (First Floor),
Rockville, Maryland and accessible electronically though 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, 301-415-4737, or by email at
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 29th day of May 2015.
For The Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-13939 Filed 6-5-15; 8:45 am]
BILLING CODE 7590-01-P