80_FR_32525 80 FR 32416 - In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Plant

80 FR 32416 - In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Plant

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 109 (June 8, 2015)

Page Range32416-32418
FR Document2015-13939

The U.S. Nuclear Regulatory Commission (NRC) is issuing an order to Duke Energy Florida, Inc. (DEF), approving the direct transfer of Facility Operating License No. DPR-72 for Crystal River Unit 3 Nuclear Generating Plant (CR-3), to the extent held by eight minority co-owners to DEF. The eight minority co-owners, all municipalities or utilities in the State of Florida, are as follows: The City of Alachua, City of Bushnell, City of Gainesville, City of Kissimmee, City of Leesburg, City of New Smyrna Beach and Utilities Commission/City of New Smyrna Beach, City of Ocala, and Orlando Utilities Commission/City of Orlando (the eight minority co-owners, collectively). The direct license transfer does not involve Seminole Electric Cooperative, Inc., the remaining co-owner of CR-3. A conforming license amendment will remove reference to the eight minority co-owners in the license. The CR-3 facility is permanently shut down and defueled and the application proposed no physical changes to the facility or operational changes. DEF and Seminole Electric Corporation, Inc., will be joint owners of CR-3 and DEF will be the operator of the facility. This Order is effective upon issuance.

Federal Register, Volume 80 Issue 109 (Monday, June 8, 2015)
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32416-32418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13939]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302; License No. DPR-72; NRC-2011-0024]


In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3 
Nuclear Generating Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order to Duke Energy Florida, Inc. (DEF), approving the direct transfer 
of Facility Operating License No. DPR-72 for Crystal River Unit 3 
Nuclear Generating Plant (CR-3), to the extent held by eight minority 
co-owners to DEF. The eight minority co-owners, all municipalities or 
utilities in the State of Florida, are as follows: The City of Alachua, 
City of Bushnell, City of Gainesville, City of Kissimmee, City of 
Leesburg, City of New Smyrna Beach and Utilities Commission/City of New 
Smyrna Beach, City of Ocala, and Orlando Utilities Commission/City of 
Orlando (the eight minority co-owners, collectively). The direct 
license transfer does not involve Seminole Electric Cooperative, Inc., 
the remaining co-owner of CR-3. A conforming license amendment will 
remove reference to the eight minority co-owners in the license. The 
CR-3 facility is permanently shut down and defueled and the application 
proposed no physical changes to the facility or operational changes. 
DEF and Seminole Electric Corporation, Inc., will be joint owners of 
CR-3 and DEF will be the operator of the facility. This Order is 
effective upon issuance.

DATES: The Order was issued on May 29, 2015, and is effective for one 
year.

ADDRESSES: Please refer to Docket ID NRC-2011-0024 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-2011-0024. 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]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced.
     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: Michael D. Orenak, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3229; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland this 29th day of May, 2015.

    For The Nuclear Regulatory Commission.

Meena K. Khanna,
Chief, Plant Licensing IV-2 and Decommissioning Transition Branch, 
Division of Operating Reactor Licensing, Office of Nuclear Reactor 
Regulation.

Attachment--Order Approving Transfer of License and Conforming 
Amendment

United States of America

Nuclear Regulatory Commission

    In the Matter of Duke Energy Florida, Inc.; Crystal River Unit 3 
Nuclear Generating Plant, Docket No. 50-302, License No. DPR-72, 
Order Approving Transfer of License and Conforming Amendment.

I.

    Duke Energy Florida, Inc. (DEF or the applicant), City of Alachua, 
City of Bushnell, City of Gainesville, City of

[[Page 32417]]

Kissimmee, City of Leesburg, City of New Smyrna Beach and Utilities 
Commission/City of New Smyrna Beach, City of Ocala, Orlando Utilities 
Commission/City of Orlando, and Seminole Electric Cooperative, Inc., 
are holders of Facility Operating License No. DPR-72, which authorizes 
the possession of the Crystal River Unit 3 Nuclear Generating Plant 
(CR-3). Facility Operating License No. DPR-72 also authorizes DEF 
(currently owner of 91.78 percent of CR-3) to use and operate CR-3. CR-
3 is located in Red Level, Florida, in Citrus County, about 5 miles 
south of Levy County. The site is 7.5 miles northwest of Crystal River, 
Florida, and 90 miles north of St. Petersburg, Florida. CR-3 is 
situated on the Gulf of Mexico, within the Crystal River Energy 
Complex.
    CR-3 has been shut down since September 26, 2009, and the final 
removal of fuel from the reactor vessel was completed on May 28, 2011. 
By letter dated February 20, 2013, the licensee submitted a 
certification to the NRC of permanent cessation of power operations and 
the removal of fuel from the reactor vessel, pursuant to Sections 
50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title 10 of the Code of Federal 
Regulations (10 CFR). Upon docketing of this certification, 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, as 
specified in 10 CFR 50.82(a)(2).

II.

    By application dated November 7, 2014, as supplemented by letter 
dated April 30, 2015 (collectively, the application), DEF requested 
that the U.S. Nuclear Regulatory Commission (NRC) approve the direct 
transfer of control of Facility Operating License No. DPR-72 for CR-3, 
to the extent held by the eight minority co-owners to DEF. The eight 
minority co-owners collectively own 6.52 percent of CR-3 and are as 
follows: The City of Alachua, City of Bushnell, City of Gainesville, 
City of Kissimmee, City of Leesburg, City of New Smyrna Beach and 
Utilities Commission/City of New Smyrna Beach, City of Ocala, and 
Orlando Utilities Commission/City of Orlando. The proposed direct 
transfer of the license does not involve Seminole Electric Cooperative, 
Inc., the remaining co-owner (1.70 percent interest) of CR-3. As a 
result of the transaction, DEF and Seminole Electric Cooperative, Inc., 
will become the joint owners of CR-3.
    The applicant also requested approval of a conforming 
administrative license amendment that would remove the references to 
the eight minority co-owners in the license. DEF did not propose any 
physical changes to the facilities or operational changes in the 
application. After completion of the proposed transfer, DEF and 
Seminole Electric Cooperative, Inc., will be the joint owners of CR-3, 
holding 98.30 percent interest and 1.70 percent interest, respectively, 
and DEF will remain the operator of the facility.
    DEF requested approval of the direct transfer of the facility 
operating license and the conforming license amendment pursuant to 10 
CFR 50.80, ``Transfer of licenses,'' and 10 CFR 50.90, ``Application 
for amendment of license, construction permit, or early site permit.'' 
A notice entitled, ``Crystal River Nuclear Generating Plant, Unit 3; 
Consideration of Approval of Transfer of License and Conforming 
Amendment,'' was published in the Federal Register on April 28, 2015 
(80 FR 23612). The NRC did not receive any public comments regarding 
the proposed license transfer.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission provides its consent in 
writing. Upon review of the information in the licensee's application 
and other information before the Commission, and relying upon the 
representations and agreements contained in the application, the NRC 
staff has determined that DEF is qualified to hold the ownership 
interests in the facility previously held by the eight minority co-
owners. The NRC staff has also determined that the direct transfer of 
ownership interests in the facility to DEF, as described in the 
application, is otherwise consistent with applicable provisions of 
laws, regulations, and orders issued by the Commission, subject to the 
conditions set forth below. The NRC staff has further found that the 
application for the proposed license 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; the facility will operate in conformity with the 
applications, the provisions of the Act, and the rules and regulations 
of the Commission; there is reasonable assurance that the activities 
authorized by the proposed license 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; the issuance of the proposed license amendment will not be 
inimical to the common defense and security or to the health and safety 
of the public; and the issuance of the proposed amendment will be 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 the NRC safety 
evaluation dated May 29, 2015.

III.

    Accordingly, pursuant to Sections 161b, 161i, 161o and 184 of the 
Act, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o) and 2234; and 10 CFR 
50.80, it is hereby ordered that the direct transfer of the license, as 
described herein, to DEF is approved, subject to the following 
condition:

    1. DEF shall provide satisfactory documentary evidence to the 
Director of the Office of Nuclear Reactor Regulation that it has 
obtained the insurance required of a licensee under 10 CFR part 140, 
``Financial Protection Requirements and Indemnity Agreements,'' in 
the appropriate amount pursuant to the exemption to 10 CFR 
140.11(a)(4) granted to DEF by NRC letter dated April 27, 2015 
(Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML14183B338).

    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 cover letter forwarding this Order, to conform the license to 
reflect the subject direct license transfer is approved. The license 
amendment shall be issued and made effective at the time the proposed 
direct transfer is completed.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed direct transfer action, DEF shall inform the 
Director of the Office of Nuclear Reactor Regulation in writing of such 
receipt, and the date of closing of the transfer no later than one 
business day prior to the date of the closing of the direct transfer. 
Should the direct transfer not be completed within one year of this 
Order's date of issue, this Order shall become null and void, provided, 
however, that upon written application and 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 initial 
application dated November 7, 2014 (ADAMS Accession No. ML14321A450), 
as supplemented by letter dated April 30, 2015 (ADAMS Accession No. 
ML15126A278), and the safety evaluation dated May 29, 2015 (ADAMS 
Accession No. ML15121A570), which are available for public inspection 
at the Commission's Public Document Room (PDR), located at One

[[Page 32418]]

White Flint North, 11555 Rockville Pike, Room O-1 F21 (First Floor), 
Rockville, Maryland and accessible electronically though the ADAMS 
Public Electronic Reading Room on the Internet at the NRC Web site, 
http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS should contact the NRC PDR reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by email at 
[email protected].

    Dated at Rockville, Maryland, this 29th day of May 2015.

    For The Nuclear Regulatory Commission.
William M. Dean,

Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2015-13939 Filed 6-5-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                  32416                           Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices

                                                  free call at 1–866–672–7640. The NRC                      Attorney for licensee: Ms. Kathryn M.                You may obtain publicly-available
                                                  Meta System Help Desk is available                      Sutton, Morgan, Lewis & Bockius LLC,                   information related to this document
                                                  between 8 a.m. and 8 p.m., Eastern                      1111 Pennsylvania Avenue NW.,                          using any of the following methods:
                                                  Time, Monday through Friday,                            Washington, DC 20004–2514.                                • Federal Rulemaking Web site: Go to
                                                  excluding government holidays.                            NRC Branch Chief: Denise L.                          http://www.regulations.gov and search
                                                     Participants who believe that they                   McGovern                                               for Docket ID NRC–2011–0024. Address
                                                  have a good cause for not submitting                      Dated at Rockville, Maryland, this 1st day           questions about NRC dockets to Carol
                                                  documents electronically must file an                   of June 2015.                                          Gallagher; telephone: 301–415–3463;
                                                  exemption request, in accordance with                     For the Nuclear Regulatory Commission.               email: Carol.Gallagher@nrc.gov. For
                                                  10 CFR 2.302(g), with their initial paper                                                                      technical questions, contact the
                                                                                                          Denise L. McGovern,
                                                  filing requesting authorization to                                                                             individual listed in the FOR FURTHER
                                                  continue to submit documents in paper                   Acting Branch Chief, Licensing Branch 4,
                                                                                                                                                                 INFORMATION CONTACT section of this
                                                                                                          Division of New Reactor Licensing, Office of
                                                  format. Such filings must be submitted                                                                         document.
                                                                                                          New Reactors.
                                                  by: (1) First class mail addressed to the                                                                         • NRC’s Agencywide Documents
                                                                                                          [FR Doc. 2015–13940 Filed 6–5–15; 8:45 am]
                                                  Office of the Secretary of the                                                                                 Access and Management System
                                                                                                          BILLING CODE 7590–01–P
                                                  Commission, U.S. Nuclear Regulatory                                                                            (ADAMS): You may obtain publicly
                                                  Commission, Washington, DC 20555–                                                                              available documents online in the
                                                  0001, Attention: Rulemaking and                                                                                ADAMS Public Documents collection at
                                                                                                          NUCLEAR REGULATORY
                                                  Adjudications Staff; or (2) courier,                                                                           http://www.nrc.gov/reading-rm/
                                                  express mail, or expedited delivery                     COMMISSION
                                                                                                                                                                 adams.html. To begin the search, select
                                                  service to the Office of the Secretary,                 [Docket No. 50–302; License No. DPR–72;                ‘‘ADAMS Public Documents’’ and then
                                                  Sixteenth Floor, One White Flint North,                 NRC–2011–0024]                                         select ‘‘Begin Web-based ADAMS
                                                  11555 Rockville Pike, Rockville,                                                                               Search.’’ For problems with ADAMS,
                                                  Maryland, 20852, Attention:                             In the Matter of Duke Energy Florida,                  please contact the NRC’s Public
                                                  Rulemaking and Adjudications Staff.                     Inc.; Crystal River Unit 3 Nuclear                     Document Room (PDR) reference staff at
                                                  Participants filing a document in this                  Generating Plant                                       1–800–397–4209, 301–415–4737, or by
                                                  manner are responsible for serving the                  AGENCY: Nuclear Regulatory                             email to pdr.resource@nrc.gov. The
                                                  document on all other participants.                     Commission.                                            ADAMS accession number for each
                                                  Filing is considered complete by first-                                                                        document referenced (if it available in
                                                                                                          ACTION: Direct transfer of license; order.
                                                  class mail as of the time of deposit in                                                                        ADAMS) is provided the first time that
                                                  the mail, or by courier, express mail, or               SUMMARY:    The U.S. Nuclear Regulatory                a document is referenced.
                                                  expedited delivery service upon                         Commission (NRC) is issuing an order to                   • NRC’s PDR: You may examine and
                                                  depositing the document with the                        Duke Energy Florida, Inc. (DEF),                       purchase copies of public documents at
                                                  provider of the service. A presiding                    approving the direct transfer of Facility              the NRC’s PDR, Room O1–F21, One
                                                  officer, having granted an exemption                    Operating License No. DPR–72 for                       White Flint North, 11555 Rockville
                                                  request from using E-Filing, may require                Crystal River Unit 3 Nuclear Generating                Pike, Rockville, Maryland 20852.
                                                  a participant or party to use E-Filing if               Plant (CR–3), to the extent held by eight              FOR FURTHER INFORMATION CONTACT:
                                                  the presiding officer subsequently                      minority co-owners to DEF. The eight                   Michael D. Orenak, Office of Nuclear
                                                  determines that the reason for granting                 minority co-owners, all municipalities                 Reactor Regulation, U.S. Nuclear
                                                  the exemption from use of E-Filing no                   or utilities in the State of Florida, are as           Regulatory Commission, Washington,
                                                  longer exists.                                          follows: The City of Alachua, City of                  DC 20555–0001; telephone: 301–415–
                                                     Documents submitted in adjudicatory                  Bushnell, City of Gainesville, City of                 3229; email: Michael.Orenak@nrc.gov.
                                                  proceedings will appear in the NRC’s                    Kissimmee, City of Leesburg, City of                   SUPPLEMENTARY INFORMATION: The text of
                                                  electronic hearing docket which is                      New Smyrna Beach and Utilities
                                                  available to the public at http://                                                                             the Order is attached.
                                                                                                          Commission/City of New Smyrna                            Dated at Rockville, Maryland this 29th day
                                                  ehd1.nrc.gov/ehd/, unless excluded                      Beach, City of Ocala, and Orlando
                                                  pursuant to an order of the Commission,                                                                        of May, 2015.
                                                                                                          Utilities Commission/City of Orlando                     For The Nuclear Regulatory Commission.
                                                  or the presiding officer. Participants are
                                                                                                          (the eight minority co-owners,
                                                  requested not to include personal                                                                              Meena K. Khanna,
                                                                                                          collectively). The direct license transfer
                                                  privacy information, such as social                                                                            Chief, Plant Licensing IV–2 and
                                                                                                          does not involve Seminole Electric
                                                  security numbers, home addresses, or                                                                           Decommissioning Transition Branch,
                                                                                                          Cooperative, Inc., the remaining co-
                                                  home phone numbers in their filings,                                                                           Division of Operating Reactor Licensing,
                                                                                                          owner of CR–3. A conforming license
                                                  unless an NRC regulation or other law                                                                          Office of Nuclear Reactor Regulation.
                                                                                                          amendment will remove reference to the
                                                  requires submission of such
                                                                                                          eight minority co-owners in the license.               Attachment—Order Approving
                                                  information. However, in some
                                                                                                          The CR–3 facility is permanently shut                  Transfer of License and Conforming
                                                  instances, a request to intervene will
                                                                                                          down and defueled and the application                  Amendment
                                                  require including information on local
                                                  residence in order to demonstrate a                     proposed no physical changes to the                    United States of America
                                                  proximity assertion of interest in the                  facility or operational changes. DEF and
                                                                                                          Seminole Electric Corporation, Inc., will              Nuclear Regulatory Commission
                                                  proceeding. With respect to copyrighted
                                                  works, except for limited excerpts that                 be joint owners of CR–3 and DEF will                     In the Matter of Duke Energy Florida, Inc.;
                                                                                                          be the operator of the facility. This                  Crystal River Unit 3 Nuclear Generating
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  serve the purpose of the adjudicatory                                                                          Plant, Docket No. 50–302, License No. DPR–
                                                  filings and would constitute a Fair Use                 Order is effective upon issuance.
                                                                                                                                                                 72, Order Approving Transfer of License and
                                                  application, participants are requested                 DATES: The Order was issued on May                     Conforming Amendment.
                                                  not to include copyrighted materials in                 29, 2015, and is effective for one year.
                                                  their submission.                                       ADDRESSES: Please refer to Docket ID                   I.
                                                     For further details with respect to this             NRC–2011–0024 when contacting the                        Duke Energy Florida, Inc. (DEF or the
                                                  action, see the application for license                 NRC about the availability of                          applicant), City of Alachua, City of
                                                  amendment dated May 26, 2015.                           information regarding this document.                   Bushnell, City of Gainesville, City of


                                             VerDate Sep<11>2014   17:09 Jun 05, 2015   Jkt 235001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\08JNN1.SGM   08JNN1


                                                                                  Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices                                                32417

                                                  Kissimmee, City of Leesburg, City of                    owners in the license. DEF did not                     and security or to the health and safety
                                                  New Smyrna Beach and Utilities                          propose any physical changes to the                    of the public; and the issuance of the
                                                  Commission/City of New Smyrna                           facilities or operational changes in the               proposed amendment will be in
                                                  Beach, City of Ocala, Orlando Utilities                 application. After completion of the                   accordance with 10 CFR part 51 of the
                                                  Commission/City of Orlando, and                         proposed transfer, DEF and Seminole                    Commission’s regulations and all
                                                  Seminole Electric Cooperative, Inc., are                Electric Cooperative, Inc., will be the                applicable requirements have been
                                                  holders of Facility Operating License                   joint owners of CR–3, holding 98.30                    satisfied.
                                                  No. DPR–72, which authorizes the                        percent interest and 1.70 percent                        The findings set forth above are
                                                  possession of the Crystal River Unit 3                  interest, respectively, and DEF will                   supported by the NRC safety evaluation
                                                  Nuclear Generating Plant (CR–3).                        remain the operator of the facility.                   dated May 29, 2015.
                                                  Facility Operating License No. DPR–72                      DEF requested approval of the direct
                                                  also authorizes DEF (currently owner of                 transfer of the facility operating license             III.
                                                  91.78 percent of CR–3) to use and                       and the conforming license amendment                      Accordingly, pursuant to Sections
                                                  operate CR–3. CR–3 is located in Red                    pursuant to 10 CFR 50.80, ‘‘Transfer of                161b, 161i, 161o and 184 of the Act, 42
                                                  Level, Florida, in Citrus County, about                 licenses,’’ and 10 CFR 50.90,                          U.S.C. Sections 2201(b), 2201(i), 2201(o)
                                                  5 miles south of Levy County. The site                  ‘‘Application for amendment of license,                and 2234; and 10 CFR 50.80, it is hereby
                                                  is 7.5 miles northwest of Crystal River,                construction permit, or early site                     ordered that the direct transfer of the
                                                  Florida, and 90 miles north of St.                      permit.’’ A notice entitled, ‘‘Crystal                 license, as described herein, to DEF is
                                                  Petersburg, Florida. CR–3 is situated on                River Nuclear Generating Plant, Unit 3;                approved, subject to the following
                                                  the Gulf of Mexico, within the Crystal                  Consideration of Approval of Transfer of               condition:
                                                  River Energy Complex.                                   License and Conforming Amendment,’’                       1. DEF shall provide satisfactory
                                                     CR–3 has been shut down since                        was published in the Federal Register                  documentary evidence to the Director of the
                                                  September 26, 2009, and the final                       on April 28, 2015 (80 FR 23612). The                   Office of Nuclear Reactor Regulation that it
                                                  removal of fuel from the reactor vessel                 NRC did not receive any public                         has obtained the insurance required of a
                                                  was completed on May 28, 2011. By                       comments regarding the proposed                        licensee under 10 CFR part 140, ‘‘Financial
                                                  letter dated February 20, 2013, the                     license transfer.                                      Protection Requirements and Indemnity
                                                  licensee submitted a certification to the                  Pursuant to 10 CFR 50.80, no license,               Agreements,’’ in the appropriate amount
                                                  NRC of permanent cessation of power                     or any right thereunder, shall be                      pursuant to the exemption to 10 CFR
                                                  operations and the removal of fuel from                 transferred, directly or indirectly,                   140.11(a)(4) granted to DEF by NRC letter
                                                                                                          through transfer of control of the                     dated April 27, 2015 (Agencywide
                                                  the reactor vessel, pursuant to Sections
                                                                                                                                                                 Documents Access and Management System
                                                  50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title             license, unless the Commission                         (ADAMS) Accession No. ML14183B338).
                                                  10 of the Code of Federal Regulations                   provides its consent in writing. Upon
                                                  (10 CFR). Upon docketing of this                        review of the information in the                          It is further ordered that, consistent
                                                  certification, the 10 CFR part 50 license               licensee’s application and other                       with 10 CFR 2.1315(b), the license
                                                  for CR–3 no longer authorizes operation                 information before the Commission, and                 amendment that makes changes, as
                                                  of the reactor or emplacement or                        relying upon the representations and                   indicated in Enclosure 2 to the cover
                                                  retention of fuel into the reactor vessel,              agreements contained in the                            letter forwarding this Order, to conform
                                                  as specified in 10 CFR 50.82(a)(2).                     application, the NRC staff has                         the license to reflect the subject direct
                                                                                                          determined that DEF is qualified to hold               license transfer is approved. The license
                                                  II.                                                     the ownership interests in the facility                amendment shall be issued and made
                                                     By application dated November 7,                     previously held by the eight minority                  effective at the time the proposed direct
                                                  2014, as supplemented by letter dated                   co-owners. The NRC staff has also                      transfer is completed.
                                                  April 30, 2015 (collectively, the                       determined that the direct transfer of                    It is further ordered that after receipt
                                                  application), DEF requested that the                    ownership interests in the facility to                 of all required regulatory approvals of
                                                  U.S. Nuclear Regulatory Commission                      DEF, as described in the application, is               the proposed direct transfer action, DEF
                                                  (NRC) approve the direct transfer of                    otherwise consistent with applicable                   shall inform the Director of the Office of
                                                  control of Facility Operating License                   provisions of laws, regulations, and                   Nuclear Reactor Regulation in writing of
                                                  No. DPR–72 for CR–3, to the extent held                 orders issued by the Commission,                       such receipt, and the date of closing of
                                                  by the eight minority co-owners to DEF.                 subject to the conditions set forth below.             the transfer no later than one business
                                                  The eight minority co-owners                            The NRC staff has further found that the               day prior to the date of the closing of the
                                                  collectively own 6.52 percent of CR–3                   application for the proposed license                   direct transfer. Should the direct
                                                  and are as follows: The City of Alachua,                amendment complies with the                            transfer not be completed within one
                                                  City of Bushnell, City of Gainesville,                  standards and requirements of the                      year of this Order’s date of issue, this
                                                  City of Kissimmee, City of Leesburg,                    Atomic Energy Act of 1954, as amended                  Order shall become null and void,
                                                  City of New Smyrna Beach and Utilities                  (the Act), and the Commission’s rules                  provided, however, that upon written
                                                  Commission/City of New Smyrna                           and regulations set forth in 10 CFR                    application and good cause shown, such
                                                  Beach, City of Ocala, and Orlando                       Chapter I; the facility will operate in                date may be extended by order.
                                                  Utilities Commission/City of Orlando.                   conformity with the applications, the                     This Order is effective upon issuance.
                                                  The proposed direct transfer of the                     provisions of the Act, and the rules and                  For further details with respect to this
                                                  license does not involve Seminole                       regulations of the Commission; there is                Order, see the initial application dated
                                                  Electric Cooperative, Inc., the remaining               reasonable assurance that the activities               November 7, 2014 (ADAMS Accession
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  co-owner (1.70 percent interest) of CR–                 authorized by the proposed license                     No. ML14321A450), as supplemented
                                                  3. As a result of the transaction, DEF                  amendment can be conducted without                     by letter dated April 30, 2015 (ADAMS
                                                  and Seminole Electric Cooperative, Inc.,                endangering the health and safety of the               Accession No. ML15126A278), and the
                                                  will become the joint owners of CR–3.                   public and that such activities will be                safety evaluation dated May 29, 2015
                                                     The applicant also requested approval                conducted in compliance with the                       (ADAMS Accession No. ML15121A570),
                                                  of a conforming administrative license                  Commission’s regulations; the issuance                 which are available for public
                                                  amendment that would remove the                         of the proposed license amendment will                 inspection at the Commission’s Public
                                                  references to the eight minority co-                    not be inimical to the common defense                  Document Room (PDR), located at One


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                                                  32418                           Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices

                                                  White Flint North, 11555 Rockville                      http://www.nrc.gov/reading-rm/                         CFR 2.101(a)(5), NWMI submitted the
                                                  Pike, Room O–1 F21 (First Floor),                       adams.html. To begin the search, select                following in part one of the construction
                                                  Rockville, Maryland and accessible                      ‘‘ADAMS Public Documents’’ and then                    permit application (ADAMS Accession
                                                  electronically though the ADAMS                         select ‘‘Begin Web-based ADAMS                         No. ML15086A261):
                                                  Public Electronic Reading Room on the                   Search.’’ For problems with ADAMS,                        • The description and safety
                                                  Internet at the NRC Web site, http://                   please contact the NRC’s Public                        assessment of the site required by 10
                                                  www.nrc.gov/reading-rm/adams.html.                      Document Room (PDR) reference staff at                 CFR 50.34(a)(1),
                                                  Persons who do not have access to                       1–800–397–4209, 301–415–4737, or by                       • the environmental report required
                                                  ADAMS or who encounter problems in                      email to pdr.resource@nrc.gov. The                     by 10 CFR 50.30(f),
                                                  accessing the documents located in                      ADAMS accession number for each                           • the filing fee information required
                                                  ADAMS should contact the NRC PDR                        document referenced in this document                   by 10 CFR 50.30(e) and 10 CFR 170.21,
                                                  reference staff by telephone at 1–800–                  (if that document is available in                         • the general information required by
                                                  397–4209, 301–415–4737, or by email at                  ADAMS) is provided the first time that                 10 CFR 50.33; and
                                                                                                                                                                    • the agreement limiting access to
                                                  pdr.resource@nrc.gov.                                   a document is referenced.
                                                                                                             • NRC’s PDR: You may examine and                    classified information required by 10
                                                    Dated at Rockville, Maryland, this 29th day                                                                  CFR 50.37.
                                                  of May 2015.                                            purchase copies of public documents at
                                                                                                                                                                    The NRC staff has determined that
                                                    For The Nuclear Regulatory Commission.                the NRC’s PDR, Room O1–F21, One
                                                                                                                                                                 NWMI has submitted the information
                                                  William M. Dean,                                        White Flint North, 11555 Rockville                     listed above in accordance with 10 CFR
                                                  Director, Office of Nuclear Reactor                     Pike, Rockville, Maryland 20852.                       2.101(a)(5) and that the partial
                                                  Regulation.                                             FOR FURTHER INFORMATION CONTACT:                       application is acceptable for docketing.
                                                  [FR Doc. 2015–13939 Filed 6–5–15; 8:45 am]              Michael Balazik, Office of Nuclear                     The docket number established for the
                                                  BILLING CODE 7590–01–P
                                                                                                          Reactor Regulation, U.S. Nuclear                       NWMI facility is 50–609.
                                                                                                          Regulatory Commission, Washington,                        The NRC staff will perform a detailed
                                                                                                          DC 20555–0001; telephone: 301–415–                     technical review of the partial
                                                  NUCLEAR REGULATORY                                      2856; email: Michael.Balazik@nrc.gov.                  construction permit application.
                                                  COMMISSION                                              SUPPLEMENTARY INFORMATION: On                          Docketing of the partial construction
                                                                                                          November 7, 2014, NWMI filed with the                  permit application does not preclude
                                                  [Docket No. 50–609; NRC–2013–0235]
                                                                                                          NRC, pursuant to Section 103 of the                    the NRC from requesting additional
                                                  Northwest Medical Isotopes, LLC;                        Atomic Energy Act of 1954, as amended,                 information from the applicant as the
                                                  Construction Permit Application                         and part 50 of Title 10 of the Code of                 review proceeds, nor does it predict
                                                                                                          Federal Regulations (10 CFR), a portion                whether the Commission will grant or
                                                  AGENCY:  Nuclear Regulatory                             of an application for a construction                   deny the application. The NRC staff will
                                                  Commission.                                             permit for a medical radioisotope                      also perform an acceptance review of
                                                  ACTION: Construction permit                             production facility in Columbia,                       the second and final part of the
                                                  application; docketing.                                 Missouri. By letter dated February 5,                  construction permit application when it
                                                                                                          2015 (ADAMS Accession No.                              is tendered. As stated in NWMI’s
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  ML15086A262), NWMI withdrew and                        February 5, 2015, letter, the second and
                                                  Commission (NRC) staff has determined                   resubmitted this portion of its                        final part of NWMI’s application for a
                                                  that the partial application for a                      construction permit application                        construction permit will contain the
                                                  construction permit, submitted by                       (ADAMS Accession No. ML15086A261)                      remainder of the preliminary safety
                                                  Northwest Medical Isotopes, LLC                         to include a discussion of connected                   analysis report required by 10 CFR
                                                  (NWMI) is acceptable for docketing. The                 actions in its environmental report in                 50.34(a) and will be submitted in
                                                  NWMI proposes to build a medical                        response to a January 23, 2015, letter                 accordance with the requirements of 10
                                                  radioisotope production facility located                from the NRC (ADAMS Accession No.                      CFR 2.101(a)(5). If, after completion of
                                                  in Columbia, Missouri.                                  ML14349A501). A notice of receipt of                   the acceptance review of the full
                                                  DATES: June 8, 2015.                                    this application was previously                        construction permit application, the full
                                                  ADDRESSES: Please refer to Docket ID                    published in the Federal Register on                   construction permit application is found
                                                  NRC–2013–0235 when contacting the                       April 21, 2015 (80 FR 22227).                          acceptable for docketing, the
                                                  NRC about the availability of                              An exemption from certain                           Commission or a designated Atomic
                                                  information regarding this document.                    requirements of 10 CFR 2.101(a)(5)                     Safety and Licensing Board will conduct
                                                  You may obtain publicly-available                       granted by the Commission on October                   a hearing in accordance with Subpart L,
                                                  information related to this document                    7, 2013, and published in the Federal                  ‘‘Simplified Hearing Procedures for NRC
                                                  using any of the following methods:                     Register on October 24, 2013 (78 FR                    Adjudications,’’ of 10 CFR part 2 and
                                                    • Federal Rulemaking Web site: Go to                  63501), in response to a letter from                   the Advisory Committee on Reactor
                                                  http://www.regulations.gov and search                   NWMI dated August 9, 2013 (ADAMS                       Safeguards will prepare a report on the
                                                  for Docket ID NRC–2013–0235. Address                    Accession No. ML13227A295), allowed                    construction permit application
                                                  questions about NRC dockets to Carol                    for NWMI to submit its construction                    consistent with 10 CFR 50.58, ‘‘Hearings
                                                  Gallagher; telephone: 301–415–3463;                     permit application in two parts.                       and report of the Advisory Committee
                                                  email: Carol.Gallagher@nrc.gov. For                     Specifically, the exemption allowed                    on Reactor Safeguards.’’ The
                                                  technical questions, contact the                        NWMI to submit a portion of its                        Commission will announce in a future
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  individual listed in the FOR FURTHER                    application for a construction permit up               Federal Register notice, the opportunity
                                                  INFORMATION CONTACT section of this                     to six months prior to the remainder of                to petition for leave to intervene in the
                                                  document.                                               the application regardless of whether or               hearing required for this application by
                                                    • NRC’s Agencywide Documents                          not an environmental impact statement                  10 CFR 50.58, as well as the time and
                                                  Access and Management System                            or a supplement to an environmental                    place of the hearing. If the Commission
                                                  (ADAMS): You may obtain publicly-                       impact statement was prepared during                   finds that the full construction permit
                                                  available documents online in the                       the review of its application. On                      application meets the applicable
                                                  ADAMS Public Documents collection at                    February 5, 2015, in accordance with 10                standards of the Atomic Energy Act and


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Document Created: 2018-02-22 10:12:22
Document Modified: 2018-02-22 10:12:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDirect transfer of license; order.
DatesThe Order was issued on May 29, 2015, and is effective for one year.
ContactMichael D. Orenak, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3229; email: [email protected]
FR Citation80 FR 32416 

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