[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19515-19517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07261]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-302 and 72-1035; NRC-2020-0077]


In the Matter of Duke Energy Florida, LLC; Crystal River Unit 3 
Nuclear Generating Plant and Independent Spent Fuel Storage 
Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the transfer to ADP CR3, LLC (ADP CR3) of the licensed 
authority of Duke Energy Florida, LLC (DEF) under Facility Operating 
License No. DPR-72 for the Crystal River Unit 3 Nuclear Generating 
Plant (CR-3) and the general license for the CR-3 independent spent 
fuel storage installation (ISFSI) to possess, maintain, and 
decommission CR-3 and its ISFSI. The order also approves a draft 
conforming administrative license amendment to reflect the transfer 
from DEF to ADP CR3. The NRC determined that ADP CR3 is qualified to 
hold the licenses to the extent proposed, and that the transfer is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto, subject to the 
condition described in the order. The order became effective on April 
1, 2020.

DATES: The order was issued on April 1, 2020 and is effective for one 
year.

ADDRESSES: Please refer to Docket ID NRC-2020-0077 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 https://www.regulations.gov and search for Docket ID NRC-2020-0077. Address 
questions about NRC Docket IDs in Regulations.gov 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     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: John B. Hickman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3017; email: 
[email protected].

[[Page 19516]]


SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: April 2, 2020.

    For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.

Attachment--Order Approving Transfer of Licensed Authority and Draft 
Conforming Administrative License Amendment

United States of America

Nuclear Regulatory Commission

    In the Matter of Duke Energy Florida, LLC; Crystal River Unit 3 
Nuclear Generating Plant and its generally licensed ISFSI

Docket Nos. 50-302 and 72-1035
License No. DPR-72

Order Approving Transfer of Licensed Authority and Draft Conforming 
Administrative License Amendment (EA-20-045)

I

    Duke Energy Florida, LLC (DEF) is the holder of Facility Operating 
License No. DPR-72 for the Crystal River Unit 3 Nuclear Generating 
Plant (CR-3) and the general license for the CR-3 independent spent 
fuel storage installation (ISFSI) (collectively, the licenses). DEF is 
authorized to possess, maintain, and decommission CR-3 and the CR-3 
ISFSI (collectively, the CR-3 facility), which are located in Crystal 
River, Florida. The CR-3 facility is located on the Gulf coast of 
Florida approximately 80 miles north of Tampa, Florida, within the 
Crystal River Energy Complex (CREC).
    CR-3 was a 2,609 megawatts thermal single-unit pressurized light-
water reactor supplied by Babcock & Wilcox that was issued an operating 
license on January 28, 1977. By letter dated February 20, 2013 
(Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML13056A005), pursuant to Section 50.82(a)(1) of Title 10 of the 
Code of Federal Regulations (10 CFR), DEF notified the U.S. Nuclear 
Regulatory Commission (NRC, the Commission) that CR-3 had been 
permanently shut down and that all fuel had been permanently removed 
from the reactor vessel. Accordingly, pursuant to 10 CFR 50.82(a)(2), 
the 10 CFR part 50 license for CR-3 no longer authorizes operation of 
the reactor or emplacement or retention of fuel into the reactor 
vessel.

II

    By letter dated June 14, 2019 (ADAMS Accession No. ML19170A209), as 
supplemented by letters dated January 17, 2020 (ADAMS Accession No. 
ML20017A216), and March 5, 2020 (ADAMS Accession No. ML20065K737), DEF 
requested, on behalf of itself and ADP CR3, LLC (ADP CR3) 
(collectively, the Applicants), pursuant to Section 184 of the Atomic 
Energy Act of 1954, as amended, and 10 CFR 50.80, ``Transfer of 
licenses,'' and 10 CFR 72.50, ``Transfer of license,'' that the NRC 
consent to the transfer to ADP CR3 of DEF's licensed authority under 
the licenses. Specifically, DEF intends to transfer its NRC-licensed 
possession, maintenance, and decommissioning authorities to ADP CR3 for 
the purpose of completing the decommissioning of the CR-3 facility. The 
application proposed no physical or operational changes to the CR-3 
facility.
    The NRC published a notice, ``Crystal River Unit 3 Nuclear 
Generating Plant; Duke Energy Florida, LLC; Consideration of Approval 
of Transfer of License and Conforming Amendment,'' in the Federal 
Register (FR) on October 11, 2019 (84 FR 54932). The NRC did not 
receive any comments or hearing requests on the application.
    Pursuant to 10 CFR 50.80, no license for a production or 
utilization facility, or any right thereunder, shall be transferred, 
either voluntarily or involuntarily, directly or indirectly, through 
transfer of control of the license to any person, unless the Commission 
gives its consent in writing. Upon review of the information in the 
application for license transfer, as supplemented, and other 
information before the Commission, and relying upon the representations 
and agreements contained in the application, the NRC staff has 
determined that ADP CR3 is qualified to hold the licenses to the extent 
proposed, and that the transfer, as described in the application, is 
otherwise consistent with applicable provisions of law, regulations, 
and orders issued by the Commission pursuant thereto, subject to the 
condition set forth below.
    Upon review of the information in the application for a conforming 
administrative license amendment, as supplemented, the NRC staff has 
determined that:
    (1) The application for amendment 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.
    (2) The facility will operate in conformity with the application, 
the provisions of the Act, and the rules and regulations of the 
Commission.
    (3) There is reasonable assurance that the activities authorized by 
the amendment 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.
    (4) The issuance of the amendment will not be inimical to the 
common defense and security or to the health and safety of the public.
    (5) The issuance of the amendment is 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 an NRC staff safety 
evaluation dated April 1, 2020, which is available at ADAMS Accession 
No. ML20069A027.

III

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act, 
42 U.S.C. Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, 10 CFR 
72.50, and 10 CFR 50.90, it is hereby ordered that the application for 
license transfer, as described herein, is approved, subject to the 
following condition:
    Prior to the closing of the license transfer, DEF and ADP CR3 shall 
provide the Director of the NRC's Office of Nuclear Material Safety and 
Safeguards satisfactory documentary evidence that they have obtained 
the appropriate amount of insurance required of a licensee under 10 CFR 
140.11(a)(4) and 10 CFR 50.54(w), consistent with the exemptions issued 
for CR-3 on April 27, 2015, and March 31, 2016.
    It is further ordered that, consistent with 10 CFR 2.1315(b), the 
license amendment that makes changes, as indicated in Enclosure 2 to 
the letter transmitting this Order, to reflect the subject license 
transfer, is approved. The amendment shall be issued and made effective 
at the time the proposed transfer actions are completed.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed transfer actions, ADP CR3 shall inform the 
Director of the NRC Office of Nuclear Material Safety and Safeguards in 
writing of such receipt, and of the date of the closing of the 
transfer, no later than 5 business days before the date of the closing 
of the transfer. Should the proposed transfer not be completed within 1 
year of the date of this Order, this Order shall become null and void, 
provided,

[[Page 19517]]

however, that upon written application and for 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 application 
dated June 14, 2019 (ADAMS Accession No. ML19170A209), the supplemental 
letters dated January 17, 2020 (ADAMS Accession No. ML20017A216), and 
March 5, 2020 (ADAMS Accession No. ML20065K737), and the NRC staff's 
safety evaluation dated April 1, 2020 (ADAMS Accession No. 
ML20069A027), which are available for public inspection at the NRC's 
Public Document Room located at One White Flint North, Public File Area 
O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available documents created or received at the NRC are 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems accessing the documents located in 
ADAMS should contact the NRC Public Document Room reference staff by 
telephone at 1-800-397-4209 or 301-415-4737, or by email to 
[email protected].

    Dated at Rockville, Maryland, this 1st day of April, 2020.

    For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2020-07261 Filed 4-6-20; 8:45 am]
BILLING CODE 7590-01-P