[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75452-75453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26207]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 52-029 and 52-030; NRC-2008-0558]


Duke Energy Florida, LLC; Levy Nuclear Plant Units 1 and 2

AGENCY: Nuclear Regulatory Commission

ACTION: Notice of intent to enter into a modified indemnity agreement.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
notice of intent to enter into a modified indemnity agreement with Duke 
Energy Florida, LLC, (DEF) to operate Levy Nuclear Plant Units 1 and 2 
(LNP 1 and 2). The NRC is required to publish notice of its intent to 
enter into an indemnity agreement which contains provisions different 
from the general form found in the NRC's regulations. A modification to 
the general form is necessary to accommodate the unique timing 
provisions of a combined license (COL).

DATES: On October 20, 2016, the Commission authorized the Director of 
the Office of New Reactors to issue COLs to DEF to construct and 
operate LNP 1 and 2. The modified indemnity agreement would be 
effective upon issuance of the COLs.

ADDRESSES: Please refer to Docket ID NRC-2008-0558 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-2008-0558. 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 Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].
     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: Donald Habib, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-1035, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 20, 2016, the Commission authorized issuance of COLs to 
DEF for LNP 1 and 2. These COLs would include a license pursuant to 
part 70 of title 10 of the Code of Federal Regulations (10 CFR), 
``Domestic Licensing of Special Nuclear Material.'' Pursuant to 10 CFR 
140.20(a)(1)(iii), the NRC will execute and issue agreements of 
indemnity effective on the date of a license under 10 CFR part 70 
authorizing the licensee to possess and store special nuclear material 
at the site of the nuclear reactor for use as fuel in operation of the 
nuclear reactor after issuance of an operating license for the reactor. 
The general form of indemnity agreement to be entered into by the NRC 
with DEF is contained in 10 CFR 140.92, ``Appendix B--Form of Indemnity 
Agreement with licensees furnishing insurance policies as proof of 
financial protection.''

[[Page 75453]]

II. Request/Action

    Pursuant to 10 CFR 140.9, the NRC is publishing notice of its 
intent to enter into an indemnity agreement that contains provisions 
different from the general form found in 10 CFR 140.92. Modifications 
to the general indemnity agreement are addressed in the following 
discussion.

III. Discussion

    The provisions of the general form of indemnity agreement provided 
in 10 CFR 140.92 address insurance and indemnity for a licensee that is 
authorized to operate as soon as an operating license (OL) is issued 
pursuant to 10 CFR part 50, ``Domestic licensing of production and 
utilization facilities.'' The DEF, however, has requested a COL 
pursuant to 10 CFR part 52, ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants'' to construct and operate LNP 1 and 2. Unlike 
an OL, which authorizes operation of the facility as soon as the 
license is issued, a COL authorizes the construction of the facility 
but does not authorize operation of the facility until the Commission 
makes a finding pursuant to 10 CFR 52.103(g) that the acceptance 
criteria in the COL are met (also called a ``Sec.  52.103(g) 
finding''). The COL holders are not required to maintain financial 
protection in the amount specified in 10 CFR 140.11(a)(4) before the 
Sec.  52.103(g) finding is made, but must maintain financial protection 
in the amount specified by 10 CFR 140.13 upon receipt of a COL because 
the COL includes a license issued pursuant to 10 CFR part 70. 
Therefore, the provisions in the general form of indemnity agreement 
must be modified to address the timing differences applicable to COLs.
    Modifications to the general form of indemnity agreement will 
reflect the timing distinctions applicable to COLs. In addition, other 
modifications and their intent are described below:
    (1) References to Mutual Atomic Energy Liability Underwriters have 
been removed because this entity no longer exists.
    (2) Monetary amounts have been updated to reflect changes that have 
been made to Sec. 170. ``Indemnification and Limitation of Liability'' 
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2210).

IV. Conclusions

    Accordingly, for the reasons discussed in this notice and in 
accordance with 10 CFR 140.9, the NRC hereby provides notice of its 
intent to enter into an agreement of indemnity with DEF for LNP 1 and 2 
with the described modifications to the general form of indemnity.

    Dated at Rockville, Maryland, this 25th day of October 2016.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2016-26207 Filed 10-28-16; 8:45 am]
 BILLING CODE 7590-01-P