[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41095-41097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17279]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-325 and 50-324; License Nos. DPR-71 and DPR-62; NRC-
2015-0100]


In the Matter of Duke Energy Progress, Inc., and North Carolina 
Eastern Municipal Power Agency; Brunswick Steam Electric Plant, Units 1 
and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of licenses, order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina 
Eastern Municipal Power Agency (NCEMPA), approving the direct transfer 
of control of the Renewed Facility Operating License Nos. DPR-71 and 
DPR-62, and ownership interest for the Brunswick Steam Electric Plant 
(Brunswick), Units 1 and 2, to the extent currently held by NCEMPA. As 
a result of the transaction, Duke Energy will become the sole owner of 
the Brunswick facility and will hold 100 percent ownership of the 
facility. The conforming license amendments will remove references to 
NCEMPA. No physical changes to the facility or operational changes were 
proposed in the application and Duke Energy will remain as the licensed 
operator of the facility. This Order is effective upon issuance.

DATES: The Order was issued on July 6, 2015, and is effective for one 
year.

ADDRESSES: Please refer to Docket ID NRC-2015-0100 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 http://www.regulations.gov and search for Docket ID NRC-2015-0100. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 http://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

[[Page 41096]]

Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if 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: Martha Barillas, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2760, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 6th day of July 2015.

    For the Nuclear Regulatory Commission.
Martha Barillas,
Project Manager, Plant Licensing Branch II-2, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

    In the Matter of DUKE ENERGY PROGRESS, INC., NORTH CAROLINA EASTERN 
MUNICIPAL POWER AGENCY, Brunswick Steam Electric Plant Units 1 and 2
 Docket Nos. 50-325 and 50-324
License Nos. DPR-71 and DPR-62

ORDER APPROVING DIRECT TRANSFER OF LICENSES AND APPROVING CONFORMING 
AMENDMENTS

I

    Duke Energy Progress, Inc. (Duke Energy), and North Carolina 
Eastern Municipal Power Agency (NCEMPA), are the owners of Brunswick 
Steam Electric Plant (Brunswick), Unit Nos. 1 and 2. With respect to 
their ownership, they are co-holders of Renewed Facility Operating 
License Nos. DPR-71 and DPR-62. The Brunswick facility consists of two 
General Electric boiling-water reactors and an independent spent fuel 
storage installation (ISFSI), located in Brunswick County, North 
Carolina. The ISFSI is licensed under a general license pursuant to 
Title 10 of the Code of Federal Regulations (10 CFR) Part 50. The 
facility operating licenses authorize Duke Energy to possess, use, and 
operate the Brunswick facility.

II

    By application dated December 22, 2014 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML14358A253), as 
supplemented by letters dated March 4, 2015 (ADAMS Accession No. 
ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 
2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS 
Accession No. ML15175A036), Duke Energy and NCEMPA requested, pursuant 
to 10 CFR, Section 50.80 (10 CFR 50.80), that the U.S. Nuclear 
Regulatory Commission (NRC) consent to the direct transfer of Operating 
License Nos. DPR-71 and DPR-62 for the Brunswick facility, to the 
extent currently held by NCEMPA, to co-owner Duke Energy.
    The interest in Brunswick held by Duke Energy is 81.67 percent 
undivided ownership interest and that held by NCEMPA is 18.33 percent 
undivided ownership interest. Duke Energy is the licensed operator for 
the facility. Following approval of the proposed direct transfer of 
control of the licenses, Duke Energy will acquire NCEMPA's ownership 
interest in the facility and would hold 100 percent of the facility.
    The applicant also requested approval of the conforming license 
amendments that would remove references to NCEMPA in the licenses. The 
proposed direct transfer of control of the Brunswick operating licenses 
will not result in any change in the role of Duke Energy as the 
licensed operator and owner of the licensed facility and will not 
result in any changes to its financial qualifications, decommissioning 
funding assurance, or technical qualifications.
    Approval of the direct transfer of the facility operating licenses 
was requested by Duke Energy and NCEMPA pursuant to 10 CFR 50.80 and 
50.90. A notice entitled, ``Notice of Consideration of Approval of 
Transfer of Licenses and Conforming Amendment,'' was published in the 
Federal Register on April 21, 2015 (80 FR 22228). 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 Commission gives its consent in writing. Upon 
review of the information in the licensee's application, and other 
information before the Commission, the NRC staff has determined that 
Duke Energy is qualified to hold 100 percent of the license as proposed 
by the transfer of NCEMPA's 18.33 percent ownership interests, and that 
the transfer of the licenses is otherwise consistent with the 
applicable provisions of law, regulations, and orders issued by the 
NRC, and 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 
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 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 
to 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 findings set forth above are supported by a safety 
evaluation dated July 6, 2015.

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. Sections 
2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, IT IS HEREBY 
ORDERED that the application regarding the proposed direct license 
transfers are approved, subject to the following condition:
    1. Duke Energy shall provide satisfactory documentary evidence to 
the Director of the Office of Nuclear Reactor Regulation that it has 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR part 140 within 30 days of the transfer.
    IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the 
license amendments that make changes, as indicated in Enclosure 4 to 
the cover letter forwarding this order, to reflect the subject direct 
transfer, are approved. The amendments 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 Energy 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 within 1 year of this

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order's date of issue, this order shall become null and void. 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 22, 2014 (ADAMS Accession No. ML14358A253), 
as supplemented by letters dated March 4, 2015 (ADAMS Accession No. 
ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 
2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS 
Accession No. ML15175A036), and the safety evaluation dated July 6, 
2015 (ADAMS Accession No. ML15159A632), which are available for public 
inspection at the NRC's Public Document Room (PDR), located at One 
White Flint North, Public File Area O1-F21, 11555 Rockville Pike, 
Rockville, Maryland 20852. You may obtain publicly-available documents 
online in the ADAMS Public Documents collection 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's PDR reference staff at 1-800-397-4209 or 301-415-4737 
or by email to [email protected].

    Dated at Rockville, Maryland, this 6th day of July 2015.

    For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-17279 Filed 7-13-15; 8:45 am]
 BILLING CODE 7590-01-P