[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Pages 13901-13902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7336]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-321 and 50-366]


Georgia Power Company, et al. (Edwin I. Hatch Nuclear Plant, 
Units 1 and 2) Order Approving Southern Nuclear Operating Company, 
Inc., as Exclusive Operator

I

    Georgia Power Company (GPC), Oglethorpe Power Corporation, 
Municipal Electric Authority of Georgia, and City of Dalton, Georgia 
(the Owners), are the holders of Facility Operating License No. DRP-57 
for Edwin I. Hatch Nuclear Plant (Hatch) Unit 1 and Facility Operating 
License No. NPF-5 for Hatch Unit 2. These licenses generally authorize 
GPC to possess, use, and operate--and the other Owners to possess but 
not operate--the Hatch facility in accordance with the Atomic Energy 
Act of 1954, as amended, and the rules and regulations of the U.S. 
Nuclear Regulatory Commission (NRC). In its capacity as licensed 
operator, GPC acts for itself and on behalf of the Owners. The Hatch 
facility is located in Appling County, Georgia.

II

    By letter dated September 18, 1992, as supplemented October 6, 8, 
15, 23, and November 13 and 20, 1992, March 5, May 24, June 10, and 
December 20, 1993, April 6 and July 28, 1995, and September 11, October 
1, December 13, 19, and 23, 1996, GPC requested approval, and 
amendments to the licenses for Southern Nuclear Operating Company, Inc. 
(Southern Nuclear), to become the operator of the Hatch facility and to 
have exclusive responsibility and control over its physical 
construction, operation, and maintenance. Southern Nuclear and GPC are 
wholly owned subsidiaries of The Southern Company. Southern Nuclear was 
formed in December 1990 for the purpose of consolidating into a single 
organization personnel within The Southern Company's electric system 
engaged in nuclear operation. Southern Nuclear is the exclusive 
operator of the Joseph M. Farley Nuclear Plant, Units 1 and 2, located 
near Dothan, Alabama.

III

    Pursuant to 10 CFR 50.80(a), the transfer, assignment, or disposal 
of any right under a license is subject to the NRC's written consent. 
On the basis of information provided by GPC and other information 
before the Commission, it is determined that the proposed transfer of 
authority under the Hatch licenses to the extent Southern Nuclear 
becomes the operator of the Hatch facility with exclusive 
responsibility and control over its physical construction, operation, 
and maintenance, subject to the conditions set forth herein, is 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission, and Southern Nuclear is qualified to hold the 
licenses to the extent described above. These findings are supported by 
a Safety Evaluation, dated March 17, 1997.
    The staff has evaluated the application and relied on GPC and 
Southern Nuclear commitments in a letter dated December 23, 1996, which 
iterated commitments made in a licensee letter dated February 1, 1995,

[[Page 13902]]

with respect to an enforcement action related to the Vogtle Electric 
Generating Plant that, the Southern Nuclear employee who formerly 
served as the Vogtle General Manager through August 1990, will not hold 
a line management position involving NRC licensed activities at GPC and 
Southern Nuclear plants until the NRC is provided prior written notice 
and the individual has satisfactorily completed certain management 
training. That commitment is accordingly confirmed in this Order for 
Hatch.

IV

    Accordingly, pursuant to Sections 103, 104b, 105, 161b, 161i, and 
184, of the Atomic Energy Act of 1954, as amended; 42 U.S.C. 2133, 
2134, 2135, 2201(b), 2201(o), and 2234, and 10 CFR 50.80, It is hereby 
ordered that the request that Southern Nuclear be permitted to become 
the operator of the Hatch facility and to have exclusive responsibility 
and control over the physical construction, operation, and maintenance 
of the facility, discussed above, is approved subject to the following 
conditions:
    (1) The Southern Nuclear employee who formerly served as the 
General Manager--Vogtle through August 1990, will not hold a line 
management position at Hatch until:
    (a) Satisfactory completion of training in management 
communications and responsibilities; and,
    (b) Written notice is provided to the NRC sixty (60) days prior to 
his assignment to such a position; and,
    (2) If Southern Nuclear does not assume responsibility and control 
over physical construction, operation and maintenance of the facility 
within 60 days of the date of this Order, this Order shall become null 
and void. However, upon written application and for good cause shown, 
this date may be extended.
    Pursuant to 10 CFR 51.35, an Environmental Assessment was prepared 
and published in the Federal Register on November 3, 1992 (57 FR 
49724). As required by 10 CFR 51.32, this assessment documents the 
Commission's determination that this action will have no significant 
impact on the quality of the human environment and nothing has occurred 
since its publication to alter this finding.
    This order is effective upon issuance.

    Dated at Rockville, Maryland this 17th day of March 1997.

    For the Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-7336 Filed 3-21-97; 8:45 am]
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