[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18090-18091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08593]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040 and 52-041; NRC-2009-0337]


Florida Power & Light Company; Turkey Point Units 6 and 7

AGENCY: Nuclear Regulatory Commission

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

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
notice of intent to enter into a modified indemnity agreement with 
Florida Power & Light Company (FPL) to operate Turkey Point Units 6 and 
7. The NRC is publishing 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 April 5, 2018, the Commission authorized the Director of the 
Office of New Reactors to issue COLs to FPL to construct and operate 
Turkey Point Units 6 and 7. The modified indemnity agreement would be 
effective upon issuance of the COLs.

ADDRESSES: Please refer to Docket ID NRC-2009-0337 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0337. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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: Manny Comar, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-3863, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 2018, the Commission authorized issuance of COLs to FPL 
for Turkey Point Units 6 and 7. 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

[[Page 18091]]

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 
FPL is contained in 10 CFR 140.92, ``Appendix B-Form of indemnity 
agreement with licensees furnishing insurance policies as proof of 
financial protection.''

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 in 10 CFR 
140.92 address insurance and indemnity for a licensee that is 
authorized to operate as soon as an operating license is issued 
pursuant to 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities.'' FPL, however, has requested a COL pursuant to 
10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear 
Power Plants,'' to construct and operate Turkey Point Units 6 and 7. 
Unlike an operating license, which authorizes operation of the facility 
as soon as the license is issued, a COL authorizes the construction and 
operation of the facility, and also includes a condition that bars 
operation 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 Section 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 FPL for Turkey 
Point Units 6 and 7 with the described modifications to the general 
form of indemnity.

    Dated at Rockville, Maryland, this 19th day of April 2018.

    For the Nuclear Regulatory Commission.
Robert M. Taylor,
Acting Director, Division of New Reactor Licensing, Office of New 
Reactors.
[FR Doc. 2018-08593 Filed 4-24-18; 8:45 am]
 BILLING CODE 7590-01-P