[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Notices]
[Pages 50113-50114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24056]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302]
In the Matter of Florida Power Corporation et al. (Crystal River
Unit 3); Order Approving the Transfer of License and a Conforming
Amendment
I
Florida Power Corporation (FPC), owner of 90.4473 percent of
Crystal River Unit 3 (CR-3), has exclusive responsibility and control
over the physical construction, operation, and maintenance of the
facility as reflected in Operating License DPR-72. The City of
Tallahassee (the City), one of the several joint owners of the
facility, holds a 1.3333-percent ownership interest in CR-3. The
Nuclear Regulatory Commission (NRC or Commission) issued License No.
DPR-72 on December 3, 1976, pursuant to Part 50 of Title 10 of the Code
of Federal Regulations (10 CFR part 50). The facility is located in
Citrus County, Florida.
II
By application dated December 29, 1998, as supplemented on June 18,
1999 (collectively hereinafter referred to as the application), FPC
requested approval of the proposed transfer of the City's rights under
the Operating License for CR-3 to FPC. FPC also requested approval of a
conforming amendment to reflect the transfer.
According to the application, the City has agreed to sell its
1.3333-percent ownership interest in CR-3 to FPC, subject to obtaining
all necessary regulatory approvals. FPC would continue to have
exclusive responsibility for the management, operation, and maintenance
of CR-3. The conforming amendment would remove the City from the
Facility Operating License and indicate that the City is no longer a
licensee.
Approval of the transfer and conforming license amendment was
requested pursuant to 10 CFR 50.80 and 50.90. Notice of the application
for approval and an opportunity for a hearing was published in the
Federal Register on February 26, 1999 (64 FR 9544). No hearing requests
were filed.
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 shall give its consent in writing. Upon
review of the information submitted in the application, the NRC staff
has determined that FPC is qualified to hold the license with respect
to the additional ownership interest of the City, and that the transfer
of the license, to the extent it is held by the City, to FPC is
otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission.
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 Ch. 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 be inimical to the common
defense and security or to the health and safety of the public; and the
issuance of the proposed license amendment is in accordance with 10 CFR
part 51 of the Commission's regulations, and all applicable
requirements have been satisfied. The findings previously set forth
herein are supported by a Safety Evaluation dated September 8, 1999.
III
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 2234,
and 10 CFR 50.80, it is hereby ordered that the license transfer
referenced above is approved, subject to the following conditions:
(a) The use of assets in the City's existing non-qualified
decommissioning trust fund for CR-3 (Decommissioning Trust Fund) shall
be limited to the expenses related to decommissioning of CR-3 as
defined by the NRC in its regulations and issuances, and as provided in
the CR-3 license and any amendments thereto.
(b) Decommissioning Trust Fund investments in the securities or
other obligations of the City or FPC, or affiliates thereof, or their
successors or assigns, shall be prohibited. In addition, except for
investments tied to market indexes or other non-nuclear sector mutual
funds, investments in any entity owning one or more nuclear power
plants shall be prohibited.
(c) No disbursements or payments from the Decommissioning Trust
Fund shall be made by the trustee until the trustee has first given the
NRC thirty (30) days notice of payment. No disbursements or payments
from the Decommissioning Trust Fund shall be made if the trustee
receives prior written notice of objection from the Director, Office of
Nuclear Reactor Regulation, NRC.
(d) The agreement governing the Decommissioning Trust Fund shall be
amended, to the extent necessary, to be consistent with this Order. It
then shall not be modified in any material respect without prior
written consent of the Director, Office of Nuclear Reactor Regulation,
NRC.
(e) FPC shall take all necessary steps to ensure that the
maintenance of, and disbursal of funds from, the Decommissioning Trust
Fund is in accordance or consistent with the application, this Order,
and the supporting safety evaluation.
(f) After receipt of all required regulatory approvals of the
transfer of the City's interest in CR-3 to FPC, FPC shall inform the
Director, Office of Nuclear Reactor Regulation, in writing, of such
receipt within five business
[[Page 50114]]
days, and of the date of the closing of the sale and transfer of the
City's interest to FPC no later than seven business days prior to the
date of closing. Should the transfer not be completed by December 31,
1999, this Order shall become null and void, provided, however, on
application and for good cause shown, such date may be extended.
It is further ordered that, consistent with 10 CFR 2.1315(b), a
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 license transfer is approved. Such amendment shall
be issued and made effective at the time the proposed license transfer
is completed.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated December 29, 1998, and supplement dated June 18,
1999, which are available for public inspection at the Commission's
Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, DC, and at the local public document room located at the
Coastal Region Library, 8619 W. Crystal Street, Crystal River, Florida
34428.
Dated at Rockville, Maryland, this 8th day of September 1999.
or the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-24056 Filed 9-14-99; 8:45 am]
BILLING CODE 7590-01-P
