1

By letters dated October 1, 1999, the applicant was granted an exemption from 

10 CFR 54.17(c) for McGuire Unit 2 and Catawba Units 1 and 2, in order to submit its

application to renew the licenses prior to when the regulations would allow.

POLICY ISSUE

NOTATION VOTE

November 18, 2003 SECy-03-0200

FOR: The Commissioners

FROM: William D. Travers

Executive Director for Operations

SUBJECT: RENEWAL OF FULL-POWER OPERATING LICENSES FOR MCGUIRE

NUCLEAR STATION, UNITS 1 AND 2, AND CATAWBA NUCLEAR STATION,

UNITS 1 AND 2

PURPOSE:

To inform the Commission of the results of the U.S. Nuclear Regulatory Commission (NRC)

staff’s review of the license renewal application for the McGuire Nuclear Station (McGuire),

Units 1 and 2, and Catawba Nuclear Station (Catawba), Units 1 and 2, submitted by Duke

Energy Corporation (hereafter referred to as Duke or the applicant), and request that the

Commission authorize the Director of the Office of Nuclear Reactor Regulation (NRR) to make

the appropriate findings and renew the operating licenses for McGuire Units 1 and 2, and

Catawba Units 1 and 2 for up to an additional 20 years.

BACKGROUND:

By letter dated June 13, 2001 (Reference 1), Duke submitted its application to renew the

operating licenses for McGuire Units 1 and 2 and Catawba Units 1 and 2, in accordance with

Parts 51 and 54 of Title 10 of the Code of Federal Regulations (CFR). In its submittal, the

applicant requested renewal of operating licenses NPF-9 for McGuire Unit 1, and NPF-17 for

McGuire Unit 2, for a period of 20 years beyond the current license expiration dates of midnight,

June 12, 2021, for McGuire Unit 1, and midnight, March 3, 2023, for McGuire Unit 2. The

applicant also requested renewal of operating licenses NFP-35 for Catawba Unit 1, and NFP-52

for Catawba Unit 2, for a period of 19 to 17 years respectively beyond the current license

expiration dates of midnight, December 6, 2024, for Catawba Unit 1, and midnight, February

24, 2026, for Catawba Unit 2.1

 The operating licenses for McGuire Units 1 and 2 and Catawba

Units 1 and 2, were initially issued under Section 103 of the Atomic Energy Act.

Contact: Raj Anand, NRR

301-415-1146
The Commissioners - 2 -

DISCUSSION:

The staff performed its safety review of the license renewal application in accordance with

10 CFR Part 54, using guidance in the NRR Office Letter 805, "License Renewal Application

Review Process," and the "Standard Review Plan for Review of License Renewal Applications

for Nuclear Power Plants," issued July 2001. The "Safety Evaluation Report Related to the

License Renewal of McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station,

Units 1 and 2" (Reference 2) (SER), describes the results of the staff’s review of the applicant’s

scoping and screening, aging management programs, and time-limited aging analyses, in

accordance with the requirements of 10 CFR Part 54. The SER was published as 

NUREG-1772 in March 2003.

The license renewal application included a supplement to the final safety analysis report

(FSAR), as required by 10 CFR 54.21(d). By a letter dated October 28, 2002, the applicant

transmitted Revision 1 of the FSAR supplements for McGuire and Catawba, which were

subsequently revised by letters dated November 5, 2002, November 14, 2002, 

November 18, 2002, and November 21, 2002. By letter dated December 16, 2002, the

applicant submitted Revision 2 of the FSAR supplements for McGuire and Catawba. The FSAR

supplement revisions superseded the versions in the license renewal application. The revised

FSAR supplements contain a summary description of the applicant’s programs and activities for

managing the effects of aging and the applicant’s evaluation of the time-limited aging analyses

for the period of extended operation. The staff reviewed the revised FSAR supplements and

found that they meet the requirements of 10 CFR 54.21(d). The attached proposed renewed

licenses require that the applicant include the FSAR supplements in the updated FSARs

(UFSARs). By letter dated September 27, 2003, the applicant submitted the UFSAR for

Catawba. The UFSAR for McGuire is scheduled for release in April 2004. Until the UFSAR

update is completed, conditions in the proposed renewed licenses require that any changes to

programs described in the FSAR supplements be made in accordance with 10 CFR 50.59. 

This assures the NRC that these programs, maintenance activities, and inspection procedures

will be adequately controlled. 

The FSAR supplements also identify future actions. Throughout NUREG-1772, the staff

describes various schedules for future actions. These schedules reflect the staff’s

determination that the future actions are not required for operation during the existing license

term; however, they are required to be completed before the units enter the period of extended

operation to effectively manage aging. The proposed renewed licenses include license

conditions for the completion of these future actions. The applicant can change the schedules

for these actions without prior NRC approval as long as the actions are completed in

accordance with the license condition.

On the basis of its safety evaluation, as described in NUREG-1772, the staff reached the

following conclusions, in accordance with 10 CFR 54.29:

(1) Actions have been identified and have been or will be taken with respect to managing

the effects of aging during the period of extended operation on the functionality of

structures and components that have been identified to require an aging management

review under 10 CFR 54.21(a)(1).
The Commissioners - 3 -

(2) Actions have been identified, and have been or will be taken with respect to time-limited

aging analyses that have been identified to require review under 10 CFR 54.21(c).

Accordingly, the staff finds that there is reasonable assurance that the activities authorized by

the renewed licenses will continue to be conducted in accordance with the current licensing

bases for McGuire Units 1 and 2 and Catawba Units 1 and 2.

To support the review of the applicant’s license renewal applications, Region II conducted two

inspections. The inspections were conducted in accordance with Inspection Manual

Chapter 2516, "Policy and Guidance for the License Renewal Inspection Programs," and

Inspection Procedure 71002, "License Renewal Inspection." As described in the memorandum

from Luis A. Reyes, Regional Administrator, NRC Region II, dated December 30, 2002

(Reference 3), the results of these two inspections verified that the applicant implemented the

scoping and screening methodology and established aging management programs in

conformance with the descriptions in the application for license renewal, and that there is

reasonable assurance that the applicant’s aging management programs provide an adequate

basis for renewing the licenses for McGuire Units 1 and 2 and Catawba Units 1 and 2 for up to

an additional 20 years. 

The staff issued the SER with open items on August 14, 2002 (Reference 4). On 

October 8, 2002, the staff and the applicant briefed the Advisory Committee on Reactor

Safeguards (ACRS) Subcommittee on Plant License Renewal on the SER with open items. 

After the open items were resolved, the staff issued its final SER on January 6, 2003, which

documented the staff’s review and the resolution of open items. The ACRS Full Committee

was briefed on February 6, 2003. On February 14, 2003, the ACRS issued its "Report on the

Safety Aspects of the License Renewal Application for McGuire Nuclear Station, Units 1 and 2,

and Catawba Nuclear Station, Units 1 and 2." In its report (included in Chapter 5 of 

NUREG-1772), the ACRS recommended that application for renewal of the operating licenses

for McGuire Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2, should

be approved. The ACRS concluded that the programs instituted to manage aging-related

degradation were appropriate and provided reasonable assurance that McGuire Units 1 and 2

and Catawba Units 1 and 2 can be operated in accordance with their licensing bases for the

period of extended operation without undue risk to the health and safety of the public.

The staff performed its environmental review of the McGuire Units 1 and 2 and Catawba Units 1

and 2 license renewal application in accordance with 10 CFR Part 51, using the guidelines

described in the "Standard Review Plans for Environmental Reviews for Nuclear Power Plants,

Supplement 1: Operating License Renewal," NUREG-1555, Supplement 1, dated March 2000. 

On August 23, 2001, and September 20, 2001, the staff published notices of intent to prepare

two environmental impact statements (EISs) and conduct scoping for McGuire and Catawba,

respectively (66 FR 44386 and 66 FR 48489). These notices initiated 60-day scoping periods

for each site. The EISs, prepared by the staff for the plant-specific reviews, are supplements to

the Generic Environmental Impact Statement (GEIS), NUREG-1437, which was codified in

10 CFR Part 51 for license renewal. The EISs for McGuire Units 1 and 2 and Catawba Units 1

and 2 are Supplements 8 and 9 to the GEIS (SEISs), respectively. On June 12, 2002, two

public meetings were held in Huntersville, North Carolina for McGuire. On June 27, 2002, two

other public meetings were held in Rock Hill, South Carolina for Catawba. During these

meetings, the staff described the approach and results of the NRC’s environmental reviews and
The Commissioners - 4 -

answered questions from members of the public. The comment periods for the draft SEISs for

McGuire and Catawba ended on August 2, 2002, and August 9, 2002, respectively. 

The staff evaluated the comments received on the draft SEISs and considered the

environmental impacts of the proposed actions, the environmental impacts of alternatives to the

proposed actions, and the alternatives available for reducing or avoiding adverse impacts. The 

final versions of the SEISs for the McGuire Units 1 and 2 and Catawba Units 1 and 2 license

renewal application were issued on December 24, 2002 (Reference 5). The disposition of

comments from members of the public are discussed in Appendix A of the SEISs. As

discussed in Section 9.3 of the SEISs, the staff determined that, on the basis of (1) the analysis

and findings in the "Generic Environmental Impact Statement for License Renewal of Nuclear

Plants," NUREG-1437; (2) the environmental reports submitted by the applicant;

(3) consultation with other Federal, State, and local agencies; (4) the staff’s own independent

review; and (5) the staff’s consideration of public comments, the adverse environmental impacts

of license renewal for McGuire Units 1 and 2 and Catawba Units 1 and 2 are not so great that

preserving the option of license renewal for energy-planning decision-makers would be

unreasonable.

On October 23, 2001, requests for hearing and petitions for intervention were filed, seeking a

hearing relating to the license renewal application. On January 24, 2002, the Atomic Safety

and License Board (ASLB) admitted two contentions. This is the first license renewal

application with contentions admitted by the ASLB. On April 12, 2002, the Commission

reversed the admission of Contention 1, relating to the possible use of Mixed Oxide Fuel. On

February 4, 2003, the ASLB dismissed Contention 2, relating to Severe Accident Mitigation

Alternatives, as moot. On October 2, 2003, the ASLB denied admission of amended

Contention 2. On October 16, 2003, the ASLB denied reinstatement of Contention 1, and

terminated the proceeding. On November 4, 2003, the Blue Ridge Environmental Defense

League filed a Petition for Review to the Commission seeking reversal of the ASLB’s decision

regarding amended Contention 2, relating to Severe Accident Mitigation Alternatives. The NRC

is not compelled to await exhaustion of administrative or judicial appeals before renewing the

operating licenses for McGuire Units 1 and 2, and Catawba Units 1 and 2 for up to an additional

20 years (56 FR 64943). In accordance with 10 CFR § 54.31(c), if the renewed licenses are

subsequently set aside on appeal, the previous operating licenses would be reinstated.

In accordance with 10 CFR 54.19(b), license renewal applications must include "conforming

changes to the standard indemnity agreement, 10 CFR 140.92, Appendix B, to account for the

expiration term of the proposed renewed license." The staff keeps the same license numbers

for the renewed licenses. Therefore, there is no need to make conforming changes to the

indemnity agreement, and the requirements of 10 CFR 54.19(b) have been met.

As a result of the staff’s review of the applicant’s license renewal applications, the staff

recommends that the Commission authorize the Director of NRR to make the appropriate

findings and then issue the attached renewed operating licenses for McGuire Units 1 and 2, and

Catawba Units 1 and 2 for up to an additional 20 years of operation.

COORDINATION:

The Office of the General Counsel has reviewed this paper and has no legal objections to its

content. 
The Commissioners - 5 -

RECOMMENDATIONS:

On the basis of the above discussion, the NRC staff recommends that the Commission:

(1) Authorize the Director of NRR to renew the operating licenses for McGuire Units 1 and 2

and Catawba Units 1 and 2 after making the appropriate findings on safety, and

environmental matters.

(2) Note that the staff will make any necessary conforming changes to the renewed licenses as

a result of any pending licensing actions while the Commission is considering the staff’s

recommendations.

/RA Samuel J. Collins Acting for/

William D. Travers

Executive Director 

 for Operations

Enclosures: 

1. Renewed Facility Operating License for McGuire Nuclear Station, Units 1

2. Renewed Facility Operating License for McGuire Nuclear Station, Units 2

3. Renewed Facility Operating License for Catawba Nuclear Station, Units 1

4. Renewed Facility Operating License for Catawba Nuclear Station, Units 2

REFERENCES:

(1) "Application to Renew the Operating Licenses of McGuire Nuclear Station, Units 1 and 2,

and Catawba Nuclear Station, Units 1 and 2," June 13, 2001, Accession No. ML011660301

(2) "Safety Evaluation Report Related to the License Renewal of McGuire Nuclear Station,

Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2," January 6, 2003, Accession

No. ML023640366

(3) "Memorandum to Samuel J. Collins on McGuire Units 1 and 2, Catawba Units 1 and 2

License Renewal Application," December 30, 2002, Accession No. ML023640303

(4) "Safety Evaluation Report With Open Items Related to the License Renewal of McGuire

Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2," 

August 14, 2002, Accession No. ML022260949

(5) "Generic Environmental Impact Statement for License Renewal of Nuclear Plants,

Supplement 8, Regarding McGuire Nuclear Station, Units 1 and 2," NUREG-1437,

Supplement 8, December 24, 2002, Accession No. ML023600266; and "Generic

Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 9,

Regarding Catawba Nuclear Station, Units 1 and 2," NUREG-1437, Supplement 9,

December 24, 2002, Accession No. ML023600046
The Commissioners - 5 -

RECOMMENDATIONS:

On the basis of the above discussion, the NRC staff recommends that the Commission:

(1) Authorize the Director of NRR to renew the operating licenses for McGuire Units 1 and 2 

and Catawba Units 1 and 2 after making the appropriate findings on safety, and 

environmental matters.

(2) Note that the staff will make any necessary conforming changes to the renewed licenses as 

a result of any pending licensing actions while the Commission is considering the staff’s

recommendations.

/RA Samuel J. Collins Acting for/

William D. Travers

Executive Director 

 for Operations

Enclosures: 

1. Renewed Facility Operating License for McGuire Nuclear Station, Units 1

2. Renewed Facility Operating License for McGuire Nuclear Station, Units 2

3. Renewed Facility Operating License for Catawba Nuclear Station, Units 1

4. Renewed Facility Operating License for Catawba Nuclear Station, Units 2

REFERENCES:

(1) "Application to Renew the Operating Licenses of McGuire Nuclear Station, Units 1 and 2, 

and Catawba Nuclear Station, Units 1 and 2," June 13, 2001, Accession No. ML011660301

(2) "Safety Evaluation Report Related to the License Renewal of McGuire Nuclear Station, 

Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2," January 6, 2003, Accession 

No. ML023640366

(3) "Memorandum to Samuel J. Collins on McGuire Units 1 and 2, Catawba Units 1 and 2 

License Renewal Application," December 30, 2002, Accession No. ML023640303

(4) "Safety Evaluation Report With Open Items Related to the License Renewal of McGuire 

Nuclear Station, Units 1 and 2, and Catawba Nuclear Station, Units 1 and 2," 

August 14, 2002, Accession No. ML022260949

(5) "Generic Environmental Impact Statement for License Renewal of Nuclear Plants, 

Supplement 8, Regarding McGuire Nuclear Station, Units 1 and 2," NUREG-1437, 

Supplement 8, December 24, 2002, Accession No. ML023600266; and "Generic 

Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 9, 

Regarding Catawba Nuclear Station, Units 1 and 2," NUREG-1437, Supplement 9, 

December 24, 2002, Accession No. ML023600046

ACCESSION NO.: ML033040164

C:\ORPCheckout\FileNET\ML033040164.wpd

OFFICE PM:RLEP:DRIP LA:RLEP:DRIP SC:RLEP:DRIP PD:RLEP:DRIP TECH ED

NAME RAnand YEdmonds SLee* PTKuo PKleene*

DATE 11/ /03 11/ /03 10/28/03 11/ /03 10/20/03

OFFICE D:DSSA D:DE D:DIPM D:DRIP ADIP

NAME SBlack

(MJohnson* for)

RBarrett

(CGrimes* for)

BBoger

(CCarpenter* for)

DMatthews JCraig 

DATE 10/28/03 10/29/03 10/28/03 11/10/03 11/12/03

OFFICE OGC D:NRR EDO 

NAME SBurns JEDyer WTravers

SCollins for

DATE 11/10/03 11/12/03 11/18/03

OFFICIAL RECORD COPY
Renewed License No. NPF-9

Enclosure 1

DUKE ENERGY CORPORATION

DOCKET NO. 50-369

MCGUIRE NUCLEAR STATION, UNIT 1

RENEWED FACILITY OPERATING LICENSE

 Renewed License No. NPF-9

1. The U.S. Nuclear Regulatory Commission (Commission), having previously made the

findings set forth in License No. NPF-9 issued on June 12, 1981, has now found that:

A. The application for renewed operating license filed by the Duke Energy Corporation

(Duke or the licensee) complies with the standards and requirements of the Atomic

Energy Act of 1954, as amended (the Act), and the Commission’s regulations set

forth in 10 CFR Chapter I and all required notifications to other agencies or bodies

have been duly made;

B. Actions have been identified and have been or will be taken with respect to 

(1) managing the effects of aging during the period of extended operation on the

functionality of structures and components that have been identified to require

review under 10 CFR 54.21(a)(1), and (2) time-limited aging analyses that have

been identified to require review under 10 CFR 54.21 (c), such that there is

reasonable assurance that the activities authorized by the renewed operating license

will continue to be conducted in accordance with the current licensing basis, as

defined in 10 CFR 54.3, for the McGuire Nuclear Station, Unit 1 (facility or plant),

and that any changes made to the plant’s current licensing basis in order to comply

with 10 CFR 54.29(a) are in accord with the Act and the Commission’s regulations; 

C. The facility will operate in conformity with the application, as amended, the

provisions of the Act, and the regulations of the Commission; 

D. There is reasonable assurance: (i) that the activities authorized by this renewed

operating license can be conducted without endangering the health and safety of the

public, and (ii) that such activities will be conducted in compliance with the

Commission’s regulations set forth in 10 CFR Chapter I;

E. The licensee is technically and financially qualified to engage in the activities

authorized by this renewed operating license in accordance with the Commission’s

regulations set forth in 10 CFR Chapter I;

F. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial

Protection Requirements and Indemnity Agreements," of the Commission’s

regulations;

G. The issuance of this renewed operating license will not be inimical to the common

defense and security or to the health and safety of the public; 
- 2 -

Renewed License No. NPF-9

H. After weighing the environmental, economic, technical, and other benefits of the

facility against environmental and other costs and considering available alternatives,

the issuance of this Renewed Facility Operating License No. NPF-9 is in accordance

with 10 CFR Part 51, of the Commission’s regulations and all applicable

requirements have been satisfied; and,

I. The receipt, possession, and use of source, byproduct and special nuclear material

as authorized by this renewed operating license will be in accordance with the

Commission’s regulations in 10 CFR Parts 30, 40 and 70. 

2. Based on the foregoing findings, and pursuant to approval by the Nuclear Regulatory

Commission at a meeting on June 9, 1981, the License for Fuel-Loading and Zero Power

Testing issued on January 23, 1981, as amended, is superseded by Renewed Facility

Operating License No. NPF-9 which is hereby issued to the Duke Energy Corporation to

read as follows: 

A. This renewed operating license applies to the McGuire Nuclear Station, Unit 1, a

pressurized water reactor and associated equipment (the facility) owned by the Duke

Energy Corporation (licensee). The facility is located on the licensee’s site in

Mecklenburg County, North Carolina, on the shore of Lake Norman approximately

17 miles northwest of Charlotte, North Carolina and is described in Duke Energy

Corporation’s Updated Final Safety Analysis Report, as supplemented and

amended, and in its Environmental Report, as supplemented and amended. 

B. Subject to the conditions and requirements incorporated herein, the Commission

hereby licenses Duke:

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use, and

operate the facility at the designated location in Mecklenburg County, North

Carolina, in accordance with the procedures and limitations set forth in the

renewed operating license;

(2) Pursuant to the Act and 10 CFR Part 70 to receive, possess and use at any

time special nuclear material as reactor fuel, in accordance with the limitations

for storage and amounts required for reactor operation, as described in the

Updated Final Safety Analysis Report, as supplemented and amended;

(3) Pursuant to the Act and 10 CFR Parts 30, 40 and 70 to receive, possess and

use at any time any byproduct, source and special nuclear material as sealed

neutron sources for reactor startup, sealed sources for reactor instrumentation

and radiation monitoring equipment calibration, and as fission detectors in

amounts as required; 

(4) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and

use in amounts as required any byproduct, source or special nuclear material
- 3 -

Renewed License No. NPF-9

without restriction to chemical or physical form, for sample analysis or

instrument calibration or associated with radioactive apparatus or components; 

(5) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not

separate, such byproduct and special nuclear materials as may be produced

by the operation of McGuire Nuclear Station, Units 1 and 2, and;

(6) Pursuant to the Act and 10 CFR Parts 30 and 40, to receive, possess and

process for release or transfer such byproduct material as may be produced by

the Duke Energy Corporation Training and Technology Center.

C. This renewed operating license shall be deemed to contain and is subject to the

conditions specified in the Commission’s regulations set forth in 10 CFR Chapter I

and is subject to all applicable provisions of the Act and to the rules, regulations, and

orders of the Commission now or hereafter in effect; and is subject to the additional

conditions specified or incorporated below: 

(1) Maximum Power Level

The licensee is authorized to operate the facility at a reactor core full steady

state power level of 3411 megawatts thermal (100%).

(2) Technical Specifications

The Technical Specifications contained in Appendix A, as revised through

Amendment No. 217, are hereby incorporated into this renewed operating

license. The licensee shall operate the facility in accordance with the

Technical Specifications. 

(3) Updated Final Safety Analysis Report

The Updated Final Safety Analysis Report supplement submitted pursuant to

10 CFR 54.21(d), as revised on December 16, 2002, describes certain future

activities to be completed before the period of extended operation. Duke shall

complete these activities no later than June 12, 2021, and shall notify the NRC

in writing when implementation of these activities is complete and can be

verified by NRC inspection.

The Updated Final Safety Analysis Report supplement as revised on

December 16, 2002, described above, shall be included in the next scheduled

update to the Updated Final Safety Analysis Report required by 10 CFR

50.71(e)(4), following issuance of this renewed operating license. Until that

update is complete, Duke may make changes to the programs described in

such supplement without prior Commission approval, provided that Duke

evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59

and otherwise complies with the requirements in that section. 
- 4 -

Renewed License No. NPF-9

(4) Fire Protection Program

Duke Energy Corporation shall implement and maintain in effect all provisions

of the approved fire protection program as described in the Updated Final

Safety Analysis Report for the facility and as approved in the SER dated March

1978 and Supplements 2, 5 and 6 dated March 1979, April 1981, and February

1983, respectively, and the safety evaluation dated May 15, 1989, subject to

the following provision:

Duke may make changes to the approved fire protection program without

prior approval of the Commission only if those changes would not

adversely affect the ability to achieve and maintain safe shutdown in the

event of a fire.

(5) Additional Conditions

The Additional Conditions contained in Appendix B, as revised through

Amendment No. 200, are hereby incorporated into this renewed operating

license. Duke Energy Corporation shall operate the facility in accordance with

the Additional Conditions.

(6) Antitrust Conditions

The license shall comply with the antitrust conditions delineated in Appendix C

of this renewed operating license.

D. Physical Protection

Duke Energy Corporation shall fully implement and maintain in effect all

provisions of the Commission-approved nuclear security and contingency,

guard training and qualification plans, including amendments made pursuant to

provisions of the Miscellaneous Amendments and Search Requirements

revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10

CFR 50.90 and 10 CFR 50.54(p). The plan, which contains safeguards

information protected under 10 CFR 73.21, is entitled: "Nuclear Security and

Contingency Plan,” Revision 12, as revised per 10 CFR 50.54(p). The plan

which does not contain safeguards information is entitled “Nuclear Security

Training and Qualification Plan,” Revision 6, as revised per 10 CFR 50.54(p). 

Changes made in accordance with 10 CFR 73.55 shall be implemented in

accordance with the schedule set forth therein.
- 5 -

Renewed License No. NPF-9

E. The licensee shall report any violations of the requirements contained in

Section 2 Items C.(1), C.(4) and D of this renewed operating license within 24

hours by telephone and confirm by telegram, mailgram, or facsimile

transmission to the Director of the Regional Office, or his designate, no later

than the first working day following the violation, with a written follow-up report

within 14 days. 

F. The licensee shall have and maintain financial protection of such type and in

such amounts as the Commission shall require in accordance with Section 170

of the Atomic Energy Act of 1954, as amended, to cover public liability claims. 

G. The licensee is authorized to receive from the Oconee Nuclear Station, Units 1,

2, and 3, possess, and store irradiated Oconee fuel assemblies containing

special nuclear material, enriched to not more than 3.24% by weight U-235

subject to the following conditions: 

a. Oconee fuel assemblies may not be placed in the McGuire Nuclear Station,

Unit 1 and 2, reactors.

b. Irradiated fuel shipped to McGuire Nuclear Station, Units 1 and 2, from Oconee

shall have been removed from the Oconee reactor no less than 270 days prior

to shipment.

c. No more than 300 Oconee irradiated fuel assemblies shall be received for

storage at McGuire Nuclear Station.

d. Burnup of Oconee fuel shipped shall be no greater than 36,000 MW days per

metric ton.

e. Receipt of irradiated Oconee fuel shall be limited by the use of the NFS-4

(NAC-1), NLI-1/2, TN-8, or TN-8L spent fuel casks. 

f. The spent fuel pool crane travel shall be restricted by administrative controls to

the paths required by Selected Licensee Commitment 16.9.20 whenever a

spent fuel cask is being handled.

g. Oconee fuel assemblies may not be transferred from one McGuire spent fuel

pool to the other.

4. This renewed operating license is effective as of the date of issuance and shall

expire at midnight on June 12, 2041.
- 6 -

Renewed License No. NPF-9

FOR THE NUCLEAR REGULATORY COMMISSION

J. E. Dyer, Director

Office of Nuclear Reactor Regulation

Attachment:

1. Appendix A - Technical Specifications 

2. Appendix B - Additional Conditions

3. Appendix C - Antitrust Conditions

Date of Issuance:
Renewed License No. NPF-17

Enclosure 2

DUKE ENERGY CORPORATION

DOCKET NO. 50-370

MCGUIRE NUCLEAR STATION, UNIT 2

RENEWED FACILITY OPERATING LICENSE

 Renewed License No. NPF-17

1. The U.S. Nuclear Regulatory Commission (Commission), having previously made the

findings set forth in License No. NPF-17 issued on March 3, 1983, has now found that:

A. The application for renewed operating license filed by the Duke Energy Corporation

(Duke or the licensee) complies with the standards and requirements of the Atomic

Energy Act of 1954, as amended (the Act), and the Commission’s regulations set

forth in 10 CFR Chapter I and all required notifications to other agencies or bodies

have been duly made;

B. Actions have been identified and have been or will be taken with respect to 

(1) managing the effects of aging during the period of extended operation on the

functionality of structures and components that have been identified to require

review under 10 CFR 54.21(a)(1), and (2) time-limited aging analyses that have

been identified to require review under 10 CFR 54.21 (c), such that there is

reasonable assurance that the activities authorized by the renewed operating license

will continue to be conducted in accordance with the current licensing basis, as

defined in 10 CFR 54.3, for the McGuire Nuclear Station, Unit 2 (facility or plant),

and that any changes made to the plant’s current licensing basis in order to comply

with 10 CFR 54.29(a) are in accord with the Act and the Commission’s regulations; 

C. The facility will operate in conformity with the application, as amended, the

provisions of the Act, and the regulations of the Commission;

D. There is reasonable assurance: (i) that the activities authorized by this renewed

operating license can be conducted without endangering the health and safety of the

public, and (ii) that such activities will be conducted in compliance with the

Commission’s regulations set forth in 10 CFR Chapter I;

E. The licensee is technically qualified to engage in the activities authorized by this

renewed operating license in accordance with the Commission’s regulations set forth

in 10 CFR Chapter I;
- 2 -

Renewed License No. NPF-17

F. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial

Protection Requirements and Indemnity Agreements", of the Commission’s

regulations;

G. The issuance of this renewed operating license will not be inimical to the common

defense and security or to the health and safety of the public; 

H. After weighing the environmental, economic, technical, and other benefits of the

facility against environmental and other costs and considering available alternatives,

the issuance of this Renewed Facility Operating License No. NPF-17 is in

accordance with 10 CFR Part 51, of the Commission’s regulations and all applicable

requirements have been satisfied; and, 

I. The receipt, possession, and use of source, byproduct and special nuclear material

as authorized by this renewed operating license will be in accordance with the

Commission’s regulations in 10 CFR Parts 30, 40 and 70. 

2. Based on the foregoing findings and the Initial Decisions issued by the Atomic Safety and

Licensing Board dated April 18, 1979, and May 26, 1981, and the Decision of the Atomic

Safety and Licensing Appeal Board dated March 30, 1982, regarding this facility,

Renewed Facility Operating License No. NPF-17 is hereby issued to the Duke Energy

Corporation to read as follows:

A. This renewed operating license applies to the McGuire Nuclear Station, Unit 2, a

pressurized water reactor and associated equipment (the facility) owned by the Duke

Energy Corporation (licensee). The facility is located on the site in Mecklenburg

County, North Carolina, on the shore of Lake Norman approximately 17 miles

northwest of Charlotte, North Carolina, and is described in Duke Energy

Corporation’s Updated Final Safety Analysis Report, as supplemented and

amended, and in its Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission

hereby licenses Duke:

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use, and

operate the facility at the designated location in Mecklenburg County, North

Carolina, in accordance with the procedures and limitations set forth in this

renewed operating license;

(2) Pursuant to the Act and 10 CFR Part 70 to receive, possess and use at any

time special nuclear material as reactor fuel, in accordance with the limitations
- 3 -

Renewed License No. NPF-17

for storage and amounts required for reactor operation, as described in the

Updated Final Safety Analysis Report, as supplemented and amended;

(3) Pursuant to the Act and 10 CFR Parts 30, 40 and 70 to receive, possess and

use at any time any byproduct, source and special nuclear material as sealed

neutron sources for reactor startup, sealed sources for reactor instrumentation

and radiation monitoring equipment calibration, and as fission detectors in

amounts as required; 

(4) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and

use in amounts as required any byproduct, source or special nuclear material

without restriction to chemical or physical form, for sample analysis or

instrument calibration or associated with radioactive apparatus or components; 

(5) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not

separate, such byproduct and special nuclear materials as may be produced

by the operation of McGuire Nuclear Station, Units 1 and 2; and,

 (6) Pursuant to the Act and 10 CFR Part 30 and 40, to receive, possess and

process for release or transfer such byproduct material as may be produced by

the Duke Energy Corporation Training and Technology Center. 

C. This renewed operating license shall be deemed to contain and is subject to the

conditions specified in the Commission’s regulations set forth in 10 CFR Chapter I

and is subject to all applicable provisions of the Act and to the rules, regulations, and

orders of the Commission now or hereafter in effect; and is subject to the additional

conditions specified or incorporated below: 

(1) Maximum Power Level

The licensee is authorized to operate the facility at a reactor core full steady

state power level of 3411 megawatts thermal (100%).

(2) Technical Specifications

The Technical Specifications contained in Appendix A, as revised through

Amendment No. 199, are hereby incorporated into renewed operating license. 

The licensee shall operate the facility in accordance with the Technical

Specifications. 
- 4 -

Renewed License No. NPF-17

(3) Updated Final Safety Analysis Report

The Updated Final Safety Analysis Report supplement submitted pursuant to

10 CFR 54.21(d), as revised on December 16, 2002, describes certain future

activities to be completed before the period of extended operation. Duke shall

complete these activities no later than March 3, 2023, and shall notify the NRC

in writing when implementation of these activities is complete and can be

verified by NRC inspection.

The Updated Final Safety Analysis Report supplement as revised on

December 16, 2002, described above, shall be included in the next scheduled

update to the Updated Final Safety Analysis Report required by 

10 CFR 50.71(e)(4), following issuance of this renewed operating license. 

Until that update is complete, Duke may make changes to the programs

described in such supplement without prior Commission approval, provided

that Duke evaluates each such change pursuant to the criteria set forth in 10

CFR 50.59, and otherwise complies with the requirements in that section. 

(4) Fire Protection Program

Duke Energy Corporation shall implement and maintain in effect all provisions

of the approved fire protection program as described in the Updated Final

Safety Analysis Report for the facility and as approved in the SER dated March

1978 and Supplements 2, 5, and 6 dated March 1979, April 1981, and

February 1983, respectively, and the safety evaluation dated May 15, 1989,

subject to the following provision:

The licensee may make changes to the approved fire protection program

without prior approval of the Commission only if those changes would not

adversely affect the ability to achieve and maintain safe shutdown in the

event of a fire. 

(5) Protection of the Environment

Before engaging in additional construction or operational activities which may

result in a significant adverse environmental impact that was not evaluated or

that is significantly greater than that evaluated in the Final Environmental

Statement dated April 1976, the licensee shall provide written notification to the

Office of Nuclear Reactor Regulation.
- 5 -

Renewed License No. NPF-17

(6) Additional Conditions

The Additional Conditions contained in Appendix B, as revised through

Amendment No. 181, are hereby incorporated into this renewed operating

license. Duke Energy Corporation shall operate the facility in accordance with

the Additional Conditions.

(7) Antitrust Conditions

The licensee shall comply with the antitrust conditions delineated in 

Appendix C to this renewed operating license.

D. Physical Protection

Duke Energy Corporation shall fully implement and maintain in effect all provisions

of the Commission-approved nuclear security and contingency, guard training and

qualification plans including amendments made pursuant to provisions of the

Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55

(51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR

50.54(p). The plan, which contains safeguards information protected under 10 CFR

73.21, is entitled: "Nuclear Security and Contingency Plan," Revision 12, as revised

per 10 CFR 50.54 (p). The plan which does not contain safeguards information is

entitled, "Nuclear Security Training and Qualification Plan," Revision 6, as revised

per 10 CFR 50.54 (p). Changes made in accordance with 10 CFR 73.55 shall be

implemented in accordance with the schedule set forth therein.

E. The licensee shall report any violation of the requirements contained in Section 2

Items C.(1), C.(4), C.(5) and D of this renewed operating license within 24 hours by

telephone and confirm by telegram, mailgram, or facsimile transmission to the NRC

Regional Administrator, Region II, or his designate, no later than the first working

day following the violation, with a written followup report within 14 days;

 F. The licensee shall have and maintain financial protection of such type and in such

amounts as the Commission shall require in accordance with Section 170 of the

Atomic Energy Act of 1954, as amended, to cover public liability claims;

G. In accordance with the Commission’s direction in its Statement of Policy, Licensing

and Regulatory Policy and Procedures for Environmental Protection; Uranium Fuel

Cycle Impacts, October 29, 1982, this renewed operating license is subject to the

final resolution of the pending litigation involving Table S-3. See, Natural Resources

Defense Council v. NRC, No. 74-1586 (D.C. cir. April 27, 1982); and
- 6 -

Renewed License No. NPF-17

H. The licensee is authorized to receive from the Oconee Nuclear Station, Units 1, 2

and 3, possess, and store irradiated Oconee fuel assemblies containing special

nuclear material, enriched to not more than 3.24% by weight U-235 subject to the

following conditions:

a. Oconee fuel assemblies may not be placed in the McGuire Nuclear Station,

Units 1 and 2, reactors.

b. Irradiated fuel shipped to McGuire Nuclear Station, Units 1 and 2, from Oconee

shall have been removed from the Oconee reactor no less than 270 days prior

to shipment.

c. No more than 300 Oconee irradiated fuel assemblies shall be received for

storage at McGuire Nuclear Station.

d. Burnup of Oconee fuel shipped shall be no greater than 36,000 MW days per

metric ton.

e. Receipt of irradiated Oconee fuel shall be limited by the use of the NFS-4

(NAC-1), NLI-1/2, TN-8, or TN-8L spent fuel casks.

f. The spent fuel pool crane travel shall be restricted by administrative controls to

the paths required by Selected Licensee Commitment 16.9.20 whenever a

spent fuel cask is being handled.

g. Oconee fuel assemblies may not be transferred from one McGuire spent fuel

pool to the other. 

3. This renewed operating license is effective as of the date of issuance and shall expire at

midnight on March 3, 2043.

FOR THE NUCLEAR REGULATORY COMMISSION

J. E. Dyer, Director

Office of Nuclear Reactor Regulation

Attachment:

1. Appendix A - Technical Specifications

2. Appendix B - Additional Conditions

3. Appendix C - Antitrust Conditions

Date of Issuance: 
Renewed License No. NPF-35

Enclosure 3

DUKE ENERGY CORPORATION

NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION

SALUDA RIVER ELECTRIC COOPERATIVE, INC.

DOCKET NO. 50-413

CATAWBA NUCLEAR STATION, UNIT 1

RENEWED FACILITY OPERATING LICENSE

Renewed License No. NPF-35

1. The U.S. Nuclear Regulatory Commission (Commission) having previously made the

findings set forth in License No. NPF-35 issued on January 17, 1985, has now found that:

A. The application for renewed operating license filed by the Duke Energy Corporation

acting for itself, North Carolina Electric Membership Corporation, and Saluda River

Electric Cooperative, Inc., (the licensees) complies with the standards and

requirements of the Atomic Energy Act of 1954, as amended (the Act), and the

Commission’s regulations set forth in 10 CFR Chapter I, and all required notifications

to other agencies or bodies have been duly made;

B. Actions have been identified and have been or will be taken with respect to

(1) managing the effects of aging during the period of extended operation on the

functionality of structures and components that have been identified to require

review under 10 CFR 54.21(a)(1), and (2) time-limited aging analyses that have

been identified to require review under 10 CFR 54.21(c), such that there is

reasonable assurance that the activities authorized by this renewed operating

license will continue to be conducted in accordance with the current licensing basis,

as defined in 10 CFR 54.3, for Catawba Nuclear Station, Unit 1 (facility or plant), and

that any changes made to the plant’s current licensing basis in order to comply with

10 CFR 54.29(a) are in accord with the Act and the Commission’s regulations;

C. The facility will operate in conformity with the application, as amended, the

provisions of the Act, and the regulations of the Commission (except as exempted

from compliance in Section 2.D. below); 

D. There is reasonable assurance: (i) that the activities authorized by this renewed

operating license can be conducted without endangering the health and safety of the

public, and (ii) that such activities will be conducted in compliance with the

Commission's regulations set forth in 10 CFR Chapter I;
- 2 -

Renewed License No. NPF-35

E. Duke Energy Corporation* is technically qualified to engage in the activities

authorized by this renewed operating license in accordance with the Commission’s

regulations set forth in 10 CFR Chapter 1 (except as exempted from compliance in

Section 2.D. below);

F. The licensees have satisfied the applicable provisions of 10 CFR Part 140,

"Financial Protection Requirements and Indemnity Agreements", of the

Commission’s regulations;

G. The issuance of this renewed operating license will not be inimical to the common

defense and security or to the health and safety of the public; 

H. After weighing the environmental, economic, technical, and other benefits of the

facility against environmental and other costs and considering available alternatives,

the issuance of this Renewed Facility Operating License No. NPF-35 is in

accordance with 10 CFR Part 51 of the Commission’s regulations and all applicable

requirements have been satisfied, and;

I. The receipt, possession, and use of source, byproduct and special nuclear material

as authorized by this renewed operating license will be in accordance with the

Commission’s regulations in 10 CFR Parts 30, 40 and 70. 

2. Based on the foregoing findings and the Partial Initial Decisions issued by the Atomic

Safety and Licensing Boards dated June 22, September 18, and November 27, 1984,

regarding this facility and satisfaction of conditions therein imposed, except as hereinafter

set forth, and the Commission’s vote on January 17, 1985, Facility Operating License No.

NPF-31 issued on December 6, 1984, superseded by Facility Operating License No. 

NPF-35 issued on January 17, 1985, is superseded by Renewed Facility Operating

License No. NPF-35, hereby issued to the Duke Energy Corporation, the North Carolina

Electric Membership Corporation, and the Saluda River Electric Cooperative, Inc., to read

as follows: 

A. This renewed operating license applies to the Catawba Nuclear Station, Unit 1, a

pressurized water reactor and associated equipment (the facility) owned by the Duke

Energy Corporation, the North Carolina Electric Membership Corporation, and the

Saluda River Electric Cooperative, Inc. The facility is located on the licensees’ site

in York County, South Carolina, on the shore of Lake Wylie approximately 6 miles

north of Rock Hill, South Carolina, and is described in Duke Energy Corporation’s

Updated Final Safety Analysis Report, as supplemented and amended, and in its

Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission

hereby licenses: 

 

*Duke Energy Corporation is authorized to act as agent for the North Carolina Electric

Membership Corporation and the Saluda River Electric Cooperative, Inc., and has exclusive

responsibility and control over the physical construction, operation and maintenance of the

facility.
- 3 -

Renewed License No. NPF-35

(1) Duke Energy Corporation, pursuant to Section 103 of the Act and 10 CFR Part

50, to possess, use, and operate the facility at the designated location in York

County, South Carolina, in accordance with the procedures and limitations set

forth in this renewed operating license;

(2) North Carolina Electric Membership Corporation and Saluda River Electric

Cooperative, Inc., to possess the facility at the designated location in York

County, South Carolina, in accordance with the procedures and limitations set

forth in this renewed operating license; 

(3) Duke Energy Corporation, pursuant to the Act and 10 CFR Part 70 to receive,

possess and use at any time special nuclear material as reactor fuel, in

accordance with the limitations for storage and amounts required for reactor

operation, as described in the Updated Final Safety Analysis Report, as

supplemented and amended;

(4) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40 and 70

to receive, possess and use at any time any byproduct, source and special

nuclear material as sealed neutron sources for reactor startup, sealed sources

for reactor instrumentation and radiation monitoring equipment calibration, and

as fission detectors in amounts as required;

(5) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40 and

70, to receive, possess and use in amounts as required any byproduct, source

or special nuclear material without restriction to chemical or physical form, for

sample analysis or instrument calibration or associated with radioactive

apparatus or components;

(6) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40 and

70, to possess, but not separate, such byproduct and special nuclear materials

as may be produced by the operation of the facility authorized herein, and; 

(7) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40 and

70, to possess, but not separate, such byproduct and special nuclear materials

as may be produced by the operation of McGuire Nuclear Station, Units 1 and

2, and Oconee Nuclear Station, Units 1, 2 and 3. 

C. This renewed operating license shall be deemed to contain and is subject to the

conditions specified in the Commission’s regulations set forth in 10 CFR Chapter I

and is subject to all applicable provisions of the Act and to the rules, regulations, and

orders of the Commission now or hereafter in effect; and is subject to the additional

conditions specified or incorporated below:
- 4 -

Renewed License No. NPF-35

(1) Maximum Power Level

Duke Energy Corporation is authorized to operate the facility at reactor core full

steady state power level of 3411 megawatts thermal (100%) in accordance

with the conditions specified herein.

(2) Technical Specifications

The Technical Specifications contained in Appendix A, as revised through

Amendment No. 209, which are attached hereto, are hereby incorporated into

this renewed operating license. Duke Energy Corporation shall operate the

facility in accordance with the Technical Specifications.

(3) Updated Final Safety Analysis Report

The Updated Final Safety Analysis Report supplement submitted pursuant to

10 CFR 54.21(d), as revised on December 16, 2002, describes certain future

activities to be completed before the period of extended operation. Duke shall

complete these activities no later than December 6, 2024, and shall notify the

NRC in writing when implementation of these activities is complete and can be

verified by NRC inspection.

The Updated Final Safety Analysis Report supplement as revised on 

December 16, 2002, described above, shall be included in the next scheduled

update to the Updated Final Safety Analysis Report required by 

10 CFR 50.71(e)(4), following issuance of this renewed operating license. 

Until that update is complete, Duke may make changes to the programs

described in such supplement without prior Commission approval, provided

that Duke evaluates each such change pursuant to the criteria set forth in

10 CFR 50.59 and otherwise complies with the requirements in that section. 

(4) Antitrust Conditions

Duke Energy Corporation shall comply with the antitrust conditions delineated

in Appendix C to this renewed operating license.
- 5 -

Renewed License No. NPF-35

(5) Fire Protection Program (Section 9.5.1, SER, SSER #2, SSER #3, SSER #4,

SSER #5)*

Duke Energy Corporation shall implement and maintain in effect all provisions

of the approved fire protection program as described in the Updated Final

Safety Analysis Report, as amended, for the facility and as approved in the

SER through Supplement 5, subject to the following provision:

The licensee may make changes to the approved fire protection program

without prior approval of the Commission only if those changes would not

adversely affect the ability to achieve and maintain safe shutdown in the

event of a fire.

(6) Additional Conditions

The Additional Conditions contained in Appendix B, as revised through

Amendment No. 180, are hereby incorporated into this renewed operating

license. Duke Energy Corporation shall operate the facility in accordance with

the Additional Conditions.

D. The facility requires exemptions from certain requirements of Appendix J to 

10 CFR Part 50, as delineated below and pursuant to evaluations contained in the

referenced SER and SSERs. These include, (a) partial exemption from the

requirement of paragraph III.D.2(b)(ii) of Appendix J, the testing of containment

airlocks at times when the containment integrity is not required (Section 6.2.6 of the

SER, and SSERs # 3 and #4), (b) exemption from the requirement of paragraph

III.A.(d) of Appendix J, insofar as it requires the venting and draining of lines for type

A tests (Section 6.2.6 of SSER #3), and (c) partial exemption from the requirements

of paragraph III.B of Appendix J, as it relates to bellows testing (Section 6.2.6 of the

SER and SSER #3). These exemptions are authorized by law, will not present an

undue risk to the public health and safety, are consistent with the common defense

and security, and are consistent with certain special circumstances as discussed in

the referenced SER and SSERs. These exemptions are, therefore, hereby granted

pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility will

operate, to the extent authorized herein, in conformity with the application, as

amended, the provisions of the Act, and the rules and regulations of the

Commission. 

 

*The parenthetical notation following the title of this renewed operating license condition

denotes the section of the Safety Evaluation Report and/or its supplement wherein this renewed

license condition is discussed.
- 6 -

Renewed License No. NPF-35

E. Physical Protection

Duke Energy Corporation shall fully implement and maintain in effect all provisions

of the Commission-approved nuclear security and contingency, and guard training

and qualification plans including amendments made pursuant to provisions of the

Miscellaneous Amendment and Search Requirements revisions to 10 CFR 73.55 (51

FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). 

The plan, which contains safeguards information protected under 10 CFR 73.21, is

entitled: “Nuclear Security and Contingency Plan,” as revised through 

April 18, 1996. The plan which does not contain safeguards information is entitled

“Nuclear Security Training and Qualification Plan,” as revised through April 19, 1996. 

Changes made in accordance with 10 CFR 73.55 shall be implemented in

accordance with the schedule set forth therein. 

F. Reporting to the Commission

Except for Item 2.C.(2), Duke Energy Corporation shall report any violations of the

requirements contained in Section 2.C. of this renewed operating license in the

following manner: initial notification shall be made within twenty-four (24) hours to

the NRC Operations Center via the Emergency Notification System with written

follow-up within 30 days in accordance with the procedures described in 10 CFR

50.73 (b), (c) and (e). 

G. The licensees shall have and maintain financial protection of such type and in such

amounts as the Commission shall require in accordance with Section 170 of the

Atomic Energy Act of 1954, as amended, to cover public liability claims. 

3. This renewed operating license is effective as of the date of issuance and shall expire at

midnight on , 2043. 

FOR THE NUCLEAR REGULATORY COMMISSION

 J. E. Dyer, Director

Office of Nuclear Reactor Regulation

Attachments:

1. Appendix A – Technical Specifications

2. Appendix B – Additional Conditions

3. Appendix C – Antitrust Conditions

Date of Issuance: 
Renewed License No. NPF-52

Enclosure 4

DUKE ENERGY CORPORATION

NORTH CAROLINA MUNICIPAL POWER AGENCY NO. 1

PIEDMONT MUNICIPAL POWER AGENCY

DOCKET NO. 50-414

CATAWBA NUCLEAR STATION, UNIT 2

RENEWED FACILITY OPERATING LICENSE

Renewed License No. NPF-52

1. The U.S. Nuclear Regulatory Commission (Commission), having previously made the

findings set forth in License No. NPF-52 issued on May 15, 1986, has now found that:

A. The application for renewed operating license filed by the Duke Energy Corporation

acting for itself, North Carolina Municipal Power Agency No. 1 and Piedmont

Municipal Power Agency (the licensees) complies with the standards and

requirements of the Atomic Energy Act of 1954, as amended (the Act), and the

Commission’s regulations set forth in 10 CFR Chapter I; and all required notifications

to other agencies or bodies have been duly made;

B. Actions have been identified and have been or will be taken with respect to

(1) managing the effects of aging during the period of extended operation on the

functionality of structures and components that have been identified to require

review under 10 CFR 54.21(a)(1), and (2) time-limited aging analyses that have

been identified to require review under 10 CFR 54.21(c), such that there is

reasonable assurance that the activities authorized by this renewed operating

license will continue to be conducted in accordance with the current licensing basis,

as defined in 10 CFR 54.3, for Catawba Nuclear Station, Unit 2 (facility or plant), and

that any changes made to the plant’s current licensing basis in order to comply with

10 CFR 54.29(a) are in accord with the Act and the Commission’s regulations;

C. The facility will operate in conformity with the application, as amended, the

provisions of the Act, and the regulations of the Commission (except as exempted

from compliance in Section 2.D. below);

D. There is reasonable assurance: (i) that the activities authorized by this renewed

operating license can be conducted without endangering the health and safety of the

public, and (ii) that such activities will be conducted in compliance with the
- 2 -

Renewed License No. NPF-52

Commission’s regulations set forth in 10 CFR Chapter I (except as exempted from

compliance in Section 2.D. below);

E. Duke Energy Corporation* is technically qualified to engage in the activities

authorized by this renewed operating license in accordance with the Commission’s

regulations set forth in 10 CFR Chapter I;

F. The licensees have satisfied the applicable provisions of 10 CFR Part 140,

"Financial Protection Requirements and Indemnity Agreements," of the

Commission’s regulations;

G. The issuance of this renewed operating license will not be inimical to the common

defense and security or to the health and safety of the public;

H. After weighing the environmental, economic, technical, and other benefits of the

facility against environmental and other costs and considering available alternatives,

the issuance of this Renewed Facility Operating License No. NPF-52 is in

accordance with 10 CFR Part 51 of the Commission’s regulations and all applicable

requirements have been satisfied, and;

I. The receipt, possession, and use of source, byproduct and special nuclear material

as authorized by this renewed operating license will be in accordance with the

Commission’s regulations in 10 CFR Parts 30, 40, and 70.

2. Based on the foregoing findings and the July 26, 1985, and the November 21, 1985,

affirmations by the Atomic Safety and Licensing Appeal Board of the Partial Initial

Decisions issued by the Atomic Safety and Licensing Boards dated June 22,

September 18, and November 27, 1984, regarding this facility and satisfaction of

conditions therein imposed, and pursuant to approval by the Nuclear Regulatory

Commission at a meeting held on May 14, 1986, Facility Operating License No. NPF-48,

issued on February 24, 1986, superseded by Facility Operating License No. NPF-52

issued on May 15, 1986, is superseded by Renewed Facility Operating License No. 

NPF-52, hereby issued to the Duke Energy Corporation, the North Carolina Municipal

Power Agency No. 1, and Piedmont Municipal Power Agency to read as follows: 

 

*Duke Energy Corporation is authorized to act as agent for the North Carolina Municipal Power

Agency No. 1 and Piedmont Municipal Power Agency, and has exclusive responsibility and

control over the physical construction, operation, and maintenance of the facility.
- 3 -

Renewed License No. NPF-52

A. This renewed operating license applies to the Catawba Nuclear Station, Unit 2, a

pressurized water reactor and associated equipment (the facility) owned by the North

Carolina Municipal Power Agency No. 1 and Piedmont Municipal Power Agency and

operated by Duke Energy Corporation. The facility is located on the licensees’ site in York

County, South Carolina, on the shore of Lake Wylie approximately 6 miles north of Rock

Hill, South Carolina, and is described in Duke Energy Corporation’s Final Safety Analysis

Report, as supplemented and amended, and in its Environmental Report, as

supplemented and amended;

B. Subject to the conditions and requirements incorporated herein, the Commission

hereby licenses:

(1) Duke Energy Corporation, pursuant to Section 103 of the Act and 10 CFR Part

50, to possess, use, and operate the facility at the designated location in York

County, South Carolina, in accordance with the procedures and limitations set

forth in this renewed operating license;

(2) North Carolina Municipal Power Agency No. 1 and Piedmont Municipal Power

Agency, pursuant to the Act and 10 CFR Part 50, to possess the facility at the

designated location in York County, South Carolina, in accordance with the

procedures and limitations set forth in this renewed operating license;

(3) Duke Energy Corporation, pursuant to the Act and 10 CFR Part 70, to receive,

possess, and use at any time special nuclear material as reactor fuel, in

accordance with the limitations for storage and amounts required for reactor

operation, as described in the Final Safety Analysis Report, as supplemented

and amended;

(4) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40, and

70 to receive, possess, and use at any time any byproduct, source and special

nuclear material as sealed neutron sources for reactor startup, sealed sources

for reactor instrumentation and radiation monitoring equipment calibration, and

as fission detectors in amounts as required;

(5) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40, and

70, to receive, possess, and use in amounts as required any byproduct, source

or special nuclear material without restriction to chemical or physical form, for

sample analysis or instrument calibration or associated with radioactive

apparatus or components;

(6) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40 and

70, to possess, but not separate, such byproduct and special nuclear materials

as may be produced by the operation of the facility authorized herein; and
- 4 -

Renewed License No. NPF-52

(7) Duke Energy Corporation, pursuant to the Act and 10 CFR Parts 30, 40, and

70, to possess, but not separate, such byproduct and special nuclear materials

as may be produced by the operation of McGuire Nuclear Station, Units 1 and

2, and Oconee Nuclear Station, Units 1, 2, and 3.

C. This renewed operating license shall be deemed to contain and is subject to the

conditions specified in the Commission’s regulations set forth in 10 CFR Chapter I and is

subject to all applicable provisions of the Act and to the rules, regulations, and orders of

the Commission now or hereafter in effect; and is subject to the additional conditions

specified or incorporated below:

(1) Maximum Power Level

Duke Energy Corporation is authorized to operate the facility at a reactor core

full steady state power level of 3411 megawatts thermal (100%) in accordance

with the conditions specified herein.

(2) Technical Specifications

The Technical Specifications contained in Appendix A, as revised through

Amendment No. 203, which are attached hereto, are hereby incorporated into

this renewed operating license. Duke Energy Corporation shall operate the

facility in accordance with the Technical Specifications.

(3) Updated Final Safety Analysis Report

The Updated Final Safety Analysis Report supplement submitted pursuant to

10 CFR 54.21(d), as revised on December 16, 2002, describes certain future

activities to be completed before the period of extended operation. Duke shall

complete these activities no later than February 24, 2026, and shall notify the

NRC in writing when implementation of these activities is complete and can be

verified by NRC inspection.

The Updated Final Safety Analysis Report supplement as revised on 

December 16, 2002, described above, shall be included in the next scheduled

update to the Updated Final Safety Analysis Report required by 

10 CFR 50.71(e)(4), following issuance of this renewed operating license. Until

that update is complete, Duke may make changes to the programs described in

such supplement without prior Commission approval, provided that Duke

evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59

and otherwise complies with the requirements in that section. 
- 5 -

Renewed License No. NPF-52

(4) Antitrust Conditions

Duke Energy Corporation shall comply with the antitrust conditions delineated in

Appendix C to this renewed operating license.

(5) Fire Protection Program (Section 9.5.1, SER, SSER #2, SSER #3, SSER #4,

SSER #5)*

Duke Energy Corporation shall implement and maintain in effect all provisions of

the approved fire protection program as described in the Updated Final Safety

Analysis Report, as amended, for the facility and as approved in the SER

through Supplement 5, subject to the following provision:

The licensee may make changes to the approved fire protection program

without prior approval of the Commission only if those changes would not

adversely affect the ability to achieve and maintain safe shutdown in the

event of a fire.

(6) Additional Conditions

The Additional Conditions contained in Appendix B, as revised through

Amendment No. 172, are hereby incorporated into this renewed operating

license. Duke Energy Corporation shall operate the facility in accordance with

the Additional Conditions.

D. The facility requires exemptions from certain requirements of Appendix J to 10 CFR Part

50, as delineated below, and pursuant to evaluations contained in the referenced SER

and SSER. These include: (a) partial exemption from the requirement of paragraph

III.D.2(b)(ii) of Appendix J, the testing of containment airlocks at times when the

containment integrity is not required (Section 6.2.6 of SSER #5), (b) exemption from the

requirement of paragraph III.A.1(d) of Appendix J, insofar as it requires the venting and

draining of lines for type A tests (Section 6.2.6 of SSER #5), and (c) partial exemption

from the requirements of paragraph III.B of Appendix J, as it relates to bellows testing

(Section 6.2.6 of the SER and SSER #5). These exemptions are authorized by law, will

not present an undue risk to the public health and safety, are consistent with the

common defense and security, and are consistent with certain special circumstances, as

__________________________

 *The parenthetical notation following the title of this renewed operating license condition

denotes the section of the Safety Evaluation Report and/or its supplements wherein this

renewed license condition is discussed.
- 6 -

Renewed License No. NPF-52

discussed in the referenced SER and SSER. These exemptions are, therefore, hereby

granted pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility

will operate, to the extent authorized herein, in conformity with the application, as

amended, the provisions of the Act, and the rules and regulations of the Commission.

E. Physical Protection

Duke Energy Corporation shall fully implement and maintain in effect all provisions of

the Commission-approved nuclear security and contingency, and guard training and

qualification plans, including amendments made pursuant to provisions of the

Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51

FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The

plan, which contains safeguards information protected under 10 CFR 73.21 is entitled: 

"Nuclear Security and Contingency Plan,” with revisions submitted through April 18,

1996. The plan which does not contain safeguards information is entitled “Nuclear

Security Training and Qualification Plan,” with revisions submitted through April 19,

1996. Changes made in accordance with 10 CFR 73.55 shall be implemented in

accordance with the schedule set forth therein.

F. Reporting to the Commission

Except for Item 2.C.(2), Duke Energy Corporation shall report any violations of the

requirements contained in Section 2.C of this renewed operating license in the following

manner: initial notification shall be made within twenty-four (24) hours to the NRC

Operations Center via the Emergency Notification System with written follow-up within

30 days in accordance with the procedures described in 10 CFR 50.73 (b), (c), and (e).

G. The licensees shall have and maintain financial protection of such type and in such

amounts as the Commission shall require in accordance with Section 170 of the Atomic

Energy Act of 1954, as amended, to cover public liability claims.
Renewed License No. NPF-52

7

3. This renewed operating license is effective as of the date of issuance and shall expire at

midnight on , 2043.

 FOR THE NUCLEAR REGULATORY COMMISSION

 J. E. Dyer, Director

 Office of Nuclear Reactor Regulation

Attachments:

1. Appendix A – Technical Specifications

2. Appendix B – Additional Conditions

3. Appendix C – Antitrust Conditions

Date of Issuance: