81 FR 75452 - Duke Energy Florida, LLC; Levy Nuclear Plant Units 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range		75452-75453
FR Document		2016-26207

The U.S. Nuclear Regulatory Commission (NRC) is issuing a notice of intent to enter into a modified indemnity agreement with Duke Energy Florida, LLC, (DEF) to operate Levy Nuclear Plant Units 1 and 2 (LNP 1 and 2). The NRC is required to publish notice of its intent to enter into an indemnity agreement which contains provisions different from the general form found in the NRC's regulations. A modification to the general form is necessary to accommodate the unique timing provisions of a combined license (COL).

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016)

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75452-75453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26207]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 52-029 and 52-030; NRC-2008-0558]


Duke Energy Florida, LLC; Levy Nuclear Plant Units 1 and 2

AGENCY: Nuclear Regulatory Commission

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
notice of intent to enter into a modified indemnity agreement with Duke 
Energy Florida, LLC, (DEF) to operate Levy Nuclear Plant Units 1 and 2 
(LNP 1 and 2). The NRC is required to publish notice of its intent to 
enter into an indemnity agreement which contains provisions different 
from the general form found in the NRC's regulations. A modification to 
the general form is necessary to accommodate the unique timing 
provisions of a combined license (COL).

DATES: On October 20, 2016, the Commission authorized the Director of 
the Office of New Reactors to issue COLs to DEF to construct and 
operate LNP 1 and 2. The modified indemnity agreement would be 
effective upon issuance of the COLs.

ADDRESSES: Please refer to Docket ID NRC-2008-0558 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-2008-0558. 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].
     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: Donald Habib, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-1035, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 20, 2016, the Commission authorized issuance of COLs to 
DEF for LNP 1 and 2. These COLs would include a license pursuant to 
part 70 of title 10 of the Code of Federal Regulations (10 CFR), 
``Domestic Licensing of Special Nuclear Material.'' Pursuant to 10 CFR 
140.20(a)(1)(iii), the NRC will execute and issue agreements of 
indemnity effective on the date of a license under 10 CFR part 70 
authorizing the licensee to possess and store special nuclear material 
at the site of the nuclear reactor for use as fuel in operation of the 
nuclear reactor after issuance of an operating license for the reactor. 
The general form of indemnity agreement to be entered into by the NRC 
with DEF is contained in 10 CFR 140.92, ``Appendix B--Form of Indemnity 
Agreement with licensees furnishing insurance policies as proof of 
financial protection.''

[[Page 75453]]

II. Request/Action

    Pursuant to 10 CFR 140.9, the NRC is publishing notice of its 
intent to enter into an indemnity agreement that contains provisions 
different from the general form found in 10 CFR 140.92. Modifications 
to the general indemnity agreement are addressed in the following 
discussion.

III. Discussion

    The provisions of the general form of indemnity agreement provided 
in 10 CFR 140.92 address insurance and indemnity for a licensee that is 
authorized to operate as soon as an operating license (OL) is issued 
pursuant to 10 CFR part 50, ``Domestic licensing of production and 
utilization facilities.'' The DEF, however, has requested a COL 
pursuant to 10 CFR part 52, ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants'' to construct and operate LNP 1 and 2. Unlike 
an OL, which authorizes operation of the facility as soon as the 
license is issued, a COL authorizes the construction of the facility 
but does not authorize operation of the facility until the Commission 
makes a finding pursuant to 10 CFR 52.103(g) that the acceptance 
criteria in the COL are met (also called a ``Sec.  52.103(g) 
finding''). The COL holders are not required to maintain financial 
protection in the amount specified in 10 CFR 140.11(a)(4) before the 
Sec.  52.103(g) finding is made, but must maintain financial protection 
in the amount specified by 10 CFR 140.13 upon receipt of a COL because 
the COL includes a license issued pursuant to 10 CFR part 70. 
Therefore, the provisions in the general form of indemnity agreement 
must be modified to address the timing differences applicable to COLs.
    Modifications to the general form of indemnity agreement will 
reflect the timing distinctions applicable to COLs. In addition, other 
modifications and their intent are described below:
    (1) References to Mutual Atomic Energy Liability Underwriters have 
been removed because this entity no longer exists.
    (2) Monetary amounts have been updated to reflect changes that have 
been made to Sec. 170. ``Indemnification and Limitation of Liability'' 
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2210).

IV. Conclusions

    Accordingly, for the reasons discussed in this notice and in 
accordance with 10 CFR 140.9, the NRC hereby provides notice of its 
intent to enter into an agreement of indemnity with DEF for LNP 1 and 2 
with the described modifications to the general form of indemnity.

    Dated at Rockville, Maryland, this 25th day of October 2016.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2016-26207 Filed 10-28-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices 75453

II. Request/Action with DEF for LNP 1 and 2 with the Section II identifies the docket
Pursuant to 10 CFR 140.9, the NRC is described modifications to the general number(s) associated with each Postal
publishing notice of its intent to enter form of indemnity. Service request, the title of each Postal
into an indemnity agreement that Dated at Rockville, Maryland, this 25th day Service request, the request’s acceptance
contains provisions different from the of October 2016. date, and the authority cited by the
For the Nuclear Regulatory Commission. Postal Service for each request. For each
general form found in 10 CFR 140.92.
request, the Commission appoints an
Modifications to the general indemnity Jennifer Dixon-Herrity,
officer of the Commission to represent
agreement are addressed in the Chief, Licensing Branch, Division of New
the interests of the general public in the
following discussion. Reactor Licensing, Office of New Reactors.
proceeding, pursuant to 39 U.S.C. 505
[FR Doc. 2016–26207 Filed 10–28–16; 8:45 am]
III. Discussion (Public Representative). Section II also
BILLING CODE 7590–01–P establishes comment deadline(s)
The provisions of the general form of
indemnity agreement provided in 10 pertaining to each request.
The public portions of the Postal
CFR 140.92 address insurance and
POSTAL REGULATORY COMMISSION Service’s request(s) can be accessed via
indemnity for a licensee that is
the Commission’s Web site (http://
authorized to operate as soon as an [Docket Nos. CP2015–39; MC2017–7 and www.prc.gov). Non-public portions of
operating license (OL) is issued CP2017–22; MC2017–8 and CP2017–23;
MC2017–9 and CP2017–24; MC2017–10 and
the Postal Service’s request(s), if any,
pursuant to 10 CFR part 50, ‘‘Domestic can be accessed through compliance
licensing of production and utilization CP2017–25; MC2017–11 and CP2017–26;
and MC2017–12 and CP2017–27] with the requirements of 39 CFR
facilities.’’ The DEF, however, has 3007.40.
requested a COL pursuant to 10 CFR The Commission invites comments on
New Postal Products
part 52, ‘‘Licenses, Certifications, and whether the Postal Service’s request(s)
Approvals for Nuclear Power Plants’’ to AGENCY: Postal Regulatory Commission. in the captioned docket(s) are consistent
construct and operate LNP 1 and 2. ACTION: Notice. with the policies of title 39. For
Unlike an OL, which authorizes request(s) that the Postal Service states
operation of the facility as soon as the SUMMARY: The Commission is noticing concern market dominant product(s),
license is issued, a COL authorizes the recent Postal Service filings for the applicable statutory and regulatory
construction of the facility but does not Commission’s consideration concerning requirements include 39 U.S.C. 3622, 39
authorize operation of the facility until negotiated service agreements. This U.S.C. 3642, 39 CFR part 3010, and 39
the Commission makes a finding notice informs the public of the filing, CFR part 3020, subpart B. For request(s)
pursuant to 10 CFR 52.103(g) that the invites public comment, and takes other that the Postal Service states concern
acceptance criteria in the COL are met administrative steps. competitive product(s), applicable
(also called a ‘‘§ 52.103(g) finding’’). The DATES: Comments are due: November 2, statutory and regulatory requirements
COL holders are not required to 2016 (COMMENT DUE DATE APPLIES include 39 U.S.C. 3632, 39 U.S.C. 3633,
maintain financial protection in the TO ALL DOCKET NOS. LISTED 39 U.S.C. 3642, 39 CFR part 3015, and
amount specified in 10 CFR 140.11(a)(4) ABOVE). 39 CFR part 3020, subpart B. Comment
before the § 52.103(g) finding is made, deadline(s) for each request appear in
but must maintain financial protection ADDRESSES: Submit comments
electronically via the Commission’s section II.
in the amount specified by 10 CFR
140.13 upon receipt of a COL because Filing Online system at http:// II. Docketed Proceeding(s)
the COL includes a license issued www.prc.gov. Those who cannot submit
1. Docket No(s).: CP2015–39; Filing
pursuant to 10 CFR part 70. Therefore, comments electronically should contact
Title: Notice of United States Postal
the provisions in the general form of the person identified in the FOR FURTHER
Service of Change in Prices Pursuant to
INFORMATION CONTACT section by
indemnity agreement must be modified Amendment to Priority Mail Contract
to address the timing differences telephone for advice on filing
111; Filing Acceptance Date: October
applicable to COLs. alternatives.
25, 2016; Filing Authority: 39 CFR
Modifications to the general form of FOR FURTHER INFORMATION CONTACT: 3015.5.; Public Representative: Curtis E.
indemnity agreement will reflect the David A. Trissell, General Counsel, at Kidd; Comments Due: November 2,
timing distinctions applicable to COLs. 202–789–6820. 2016.
In addition, other modifications and SUPPLEMENTARY INFORMATION: 2. Docket No(s).: MC2017–7 and
their intent are described below: CP2017–22; Filing Title: Request of the
(1) References to Mutual Atomic Table of Contents United States Postal Service to Add
Energy Liability Underwriters have been I. Introduction Priority Mail Contract 249 to
removed because this entity no longer II. Docketed Proceeding(s) Competitive Product List and Notice of
exists. Filing (Under Seal) of Unredacted
I. Introduction
(2) Monetary amounts have been Governors’ Decision, Contract, and
updated to reflect changes that have The Commission gives notice that the Supporting Data; Filing Acceptance
been made to Sec. 170. Postal Service filed request(s) for the Date: October 25, 2016; Filing Authority:
‘‘Indemnification and Limitation of Commission to consider matters related 39 U.S.C. 3642 and 39 CFR 3020.30 et
Liability’’ of the Atomic Energy Act of to negotiated service agreement(s). The seq.; Public Representative: Helen
request(s) may propose the addition or
sradovich on DSK3GMQ082PROD with NOTICES

1954, as amended (42 U.S.C. 2210). Fonda; Comments Due: November 2,
removal of a negotiated service 2016.
IV. Conclusions agreement from the market dominant or 3. Docket No(s).: MC2017–8 and
Accordingly, for the reasons the competitive product list, or the CP2017–23; Filing Title: Request of the
discussed in this notice and in modification of an existing product United States Postal Service to Add
accordance with 10 CFR 140.9, the NRC currently appearing on the market Priority Mail Contract 250 to
hereby provides notice of its intent to dominant or the competitive product Competitive Product List and Notice of
enter into an agreement of indemnity list. Filing (Under Seal) of Unredacted

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Document Created: 2018-02-02 12:13:50
Document Modified: 2018-02-02 12:13:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intent to enter into a modified indemnity agreement.
Dates		On October 20, 2016, the Commission authorized the Director of the Office of New Reactors to issue COLs to DEF to construct and operate LNP 1 and 2. The modified indemnity agreement would be effective upon issuance of the COLs.
Contact		Donald Habib, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1035, email: [email protected]
FR Citation		81 FR 75452