80 FR 41097 - In the Matter of Duke Energy Progress, Inc., and North Carolina Eastern Municipal Power Agency; Shearon Harris Nuclear Power Plant, Unit 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 134 (July 14, 2015)

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) approving the direct transfer of control of the Renewed Facility Operating License No. NPF-63, and ownership interest for the Shearon Harris Nuclear Power Plant (Harris), Unit 1, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy will become the sole owner of the Harris facility and hold 100 percent ownership of the facility. The conforming license amendment will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance.

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41097-41099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17278]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400; License No. NPF-63; NRC-2015-0101]


In the Matter of Duke Energy Progress, Inc., and North Carolina 
Eastern Municipal Power Agency; Shearon Harris Nuclear Power Plant, 
Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license, order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina 
Eastern Municipal Power Agency (NCEMPA)

[[Page 41098]]

approving the direct transfer of control of the Renewed Facility 
Operating License No. NPF-63, and ownership interest for the Shearon 
Harris Nuclear Power Plant (Harris), Unit 1, to the extent currently 
held by NCEMPA. As a result of the transaction, Duke Energy will become 
the sole owner of the Harris facility and hold 100 percent ownership of 
the facility. The conforming license amendment will remove references 
to NCEMPA. No physical changes to the facility or operational changes 
were proposed in the application and Duke Energy will remain as the 
licensed operator of the facility. This Order is effective upon 
issuance.

DATES: The Order was issued on July 6, 2015, and is effective for 1 
year.

ADDRESSES: Please refer to Docket ID NRC-2015-0101 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-2015-0101. 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 that document 
is 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: Martha Barillas, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2760, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 6th day of July 2015.

    For the Nuclear Regulatory Commission.
Martha Barillas,
Project Manager, Plant Licensing Branch II-2, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

    In the Matter of DUKE ENERGY PROGRESS, INC., NORTH CAROLINA EASTERN 
MUNICIPAL POWER AGENCY, Shearon Harris Nuclear Power Plant Unit 1
Docket No. 50-400
License No. NPF-63

ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING 
AMENDMENT

I

    Duke Energy Progress, Inc. (Duke Energy), and North Carolina 
Eastern Municipal Power Agency (NCEMPA), are the owners of Shearon 
Harris Nuclear Power Plant, Unit 1 (Harris). With respect to their 
ownership, they are co-holders of Renewed Facility Operating License 
No. NPF-63. The Harris facility consists of a Westinghouse three-loop 
pressurized-water reactor located in Wake and Chatham Counties, North 
Carolina. The facility operating license authorizes Duke Energy to 
possess, use, and operate the Harris facility.

II

    By application dated December 22, 2014 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML14358A253), as 
supplemented by letters dated March 4, 2015 (ADAMS Accession No. 
ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 
2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS 
Accession No. ML15175A036), Duke Energy and NCEMPA requested, pursuant 
to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80 
(10 CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) 
consent to the direct transfer of Operating License No. NPF-63 for the 
Harris facility, to the extent currently held by NCEMPA, to co-owner 
Duke Energy.
    The interest in Harris held by Duke Energy is 83.83 percent 
undivided ownership interest and that held by NCEMPA is 16.17 percent 
undivided ownership interest. Duke Energy is the licensed operator for 
the facility. Following approval of the proposed direct transfer of 
control of the licenses, Duke Energy would acquire NCEMPA's ownership 
interest in the facility and would hold 100 percent of the facility.
    The applicant also requested approval of the conforming license 
amendment that would remove references to NCEMPA in the license. The 
proposed direct transfer of control of the Harris operating license 
will not result in any change in the role of Duke Energy as the 
licensed operator and owner of the licensed facility and will not 
result in any changes to its financial qualifications, decommissioning 
funding assurance, or technical qualifications.
    Approval of the direct transfer of the facility operating license 
and conforming license amendment was requested by Duke Energy and 
NCEMPA pursuant to 10 CFR 50.80 and 50.90. A notice entitled, ``Notice 
of Consideration of Approval of Transfer of Licenses and Conforming 
Amendment,'' was published in the Federal Register on April 21, 2015 
(80 FR 22224). No comments or hearing requests were received.
    Under 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 gives its consent in writing. Upon 
review of the information in the licensee's application, and other 
information before the Commission, the NRC staff has determined that 
Duke Energy is qualified to hold 100 percent of the license as proposed 
by the transfer of NCEMPA's 16.17 percent ownership interests, and that 
the transfer of the license is otherwise consistent with the applicable 
provisions of law, regulations, and orders issued by the NRC and 
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 application, 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

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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 a safety evaluation dated July 6, 2015.

III

    Accordingly, pursuant to Sections 161b, 161i, 161.o, and 184 of the 
Atomic Energy Act of 1954, as amended (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 application regarding the proposed direct license 
transfer is approved, subject to the following condition:
    1. Duke Energy shall provide satisfactory documentary evidence to 
the Director of the Office of Nuclear Reactor Regulation that it has 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR part 140 within 30 days of the transfer.
    IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the 
license amendment that make changes, as indicated in Enclosure 5 to the 
cover letter forwarding this order, to reflect the subject direct 
transfer, is approved. The amendment shall be issued and made effective 
at the time the proposed direct transfer action is completed.
    IT IS FURTHER ORDERED that after receipt of all required regulatory 
approvals of the proposed direct transfer action, Duke Energy shall 
inform the Director of the Office of Nuclear Reactor Regulation in 
writing of such receipt no later than 2 business days prior to the date 
of the closing of the direct transfer. Should the proposed direct 
transfer not be completed within 1 year of this order's date of issue, 
this order shall become null and void. However, 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 December 22, 2014 (ADAMS Accession No. ML14358A253), 
as supplemented by letters dated March 4, 2015 (ADAMS Accession No. 
ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10. 
2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 
(ML15175A036), and the safety evaluation dated July 6, 2015 (ADAMS 
Accession No. ML15159A632), which are available for public inspection 
at the NRC's Public Document Room (PDR), located at One White Flint 
North, Room O1-F21, 11555 Rockville Pike, Rockville, Maryland 20852. 
You may obtain publicly-available documents online in the ADAMS Public 
Documents collection at 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's PDR 
reference staff at 1-800-397-4209 or 301-415-4737 or by email to 
[email protected].

    Dated at Rockville, Maryland, this 6th day of July 2015.

    For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-17278 Filed 7-13-15; 8:45 am]
 BILLING CODE 7590-01-P