[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