[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]
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