[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Pages 13900-13901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7335]


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

NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424 and 50-425]


Georgia Power Company, et al., (Vogtle Electric Generating Plant, 
Units 1 and 2); Order Approving Southern Nuclear Operating Company, 
Inc., as Exclusive Operator

I.

    Georgia Power Company (GPC), Oglethorpe Power Corporation, 
Municipal Electric Authority of Georgia, and City of Dalton, Georgia 
(the Owners), are the holders of Facility Operating License No. NPF-68 
for Vogtle Electric Generating Plant (Vogtle) Unit 1 and Facility 
Operating License No. NPF-81 for Vogtle Unit 2. These licenses 
generally authorize GPC to possess, use, and operate--and the other 
Owners to possess but not operate--the Vogtle facility in accordance 
with the standards and requirements of the Atomic Energy Act of 1954, 
as amended, and the rules and regulations of the U.S. Nuclear 
Regulatory Commission (NRC). In its capacity as licensed operator, GPC 
acts for itself and on behalf of the Owners. The Vogtle facility is 
located in Burke County, Georgia.

II.

    By letter dated September 18, 1992, as supplemented by letters 
dated October 7 (two letters), 15, 23, and November 13, 1992, March 5, 
May 21, June 14, and December 17, 1993, April 6 and July 27, 1995, and 
September 11, October 1, December 12, 19, 23 and 30, 1996, GPC 
requested approval, and amendments to the licenses for Southern Nuclear 
Operating Company, Inc. (Southern Nuclear), to become the operator of 
the Vogtle facility, and to have exclusive responsibility and control 
over its physical construction, operation, and maintenance. Southern 
Nuclear and GPC are wholly owned subsidiaries of The Southern Company. 
Southern Nuclear was formed in December 1990 for the purpose of 
consolidating into a single organization personnel within The Southern 
Company's electric system engaged in nuclear operation. Southern 
Nuclear is the exclusive operator of the Joseph M. Farley Nuclear 
Plant, Units 1 and 2, located near Dothan, Alabama.
    On October 14, 1992, the NRC noticed the proposed transfer of 
operating

[[Page 13901]]

authority and amendments and published in the Federal Register a 
Proposed Finding of No Significant Hazards Consideration and 
Opportunity for Hearing (57 FR 47135). By letter dated October 22, 
1992, attorneys for two former employees of GPC filed with the NRC a 
``Petition To Intervene and Request For Hearing Of Allen L. Mosbaugh 
and Marvin B. Hobby'' in opposition to the proposed action. Mr. 
Mosbaugh was admitted as a party with an issue regarding GPC character. 
Hearings were completed, but prior to a decision being issued, GPC and 
the Intervenor reached a settlement. The hearing Board dismissed the 
contention and terminated the proceeding.

III.

    Pursuant to 10 CFR 50.80(a), the transfer, assignment, or disposal 
of any right under a license is subject to the NRC's written consent. 
On the basis of information provided by GPC and other information 
before the Commission, it is determined that the proposed transfer of 
authority under the Vogtle licenses to the extent Southern Nuclear 
becomes the operator of the Vogtle facility with exclusive 
responsibility and control over its physical construction, operation, 
and maintenance, subject to the conditions set forth herein, is 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission, and Southern Nuclear is qualified to hold the 
licenses to the extent described above. These findings are supported by 
a Safety Evaluation dated March 17, 1997, which contains a final no 
significant hazards consideration determination.
    The staff has evaluated the application and relied on GPC and 
Southern Nuclear commitments in a letter dated December 30, 1996, which 
iterated commitments made in a licensee letter dated February 1, 1995, 
with respect to an enforcement action related to the Vogtle facility 
that, the Southern Nuclear employee who formerly served as the Vogtle 
General Manager through August 1990, will not hold a line management 
position involving NRC licensed activities at GPC and Southern Nuclear 
plants until the NRC is provided prior written notice and the 
individual has satisfactorily completed certain management training. 
That commitment is accordingly confirmed in this Order for Vogtle.

IV.

    Accordingly, pursuant to Sections 103, 104b, 105, 161b, 161i, and 
184 of the Atomic Energy Act of 1954, as amended; 42 U.S.C. 2133, 2134, 
2135, 2201(b), 2201(o), and 2234, and 10 CFR 50.80, It is hereby 
ordered that the request that Southern Nuclear be permitted to become 
the operator of the Vogtle facility and to have exclusive 
responsibility and control over the physical construction, operation, 
and maintenance of the facility, discussed above, is approved subject 
to the following conditions:
    (1) The Southern Nuclear employee who formerly served as the 
General Manager-Vogtle through August 1990, will not hold a line 
management position at Vogtle until:
    (a) Satisfactory completion of training in management 
communications and responsibilities; and,
    (b) Written notice is provided to the NRC sixty (60) days prior to 
his assignment to such a position; and,
    (2) If Southern Nuclear does not assume responsibility and control 
over physical construction, operation and maintenance of the facility 
within 60 days of the date of this Order, this Order shall become null 
and void. However, upon written application and for good cause shown, 
this date may be extended.
    Pursuant to 10 CFR 51.35, an Environmental Assessment was prepared 
and published in the Federal Register on November 3, 1992 (57 FR 
49724). As required by 10 CFR 51.32, this assessment documents the 
Commission's determination that this action will have no significant 
impact on the quality of the human environment and nothing has occurred 
since its publication to alter this finding.
    This Order is effective upon issuance.

    Dated at Rockville, Maryland, this 17th day of March 1997.
    For the Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-7335 Filed 3-21-97; 8:45 am]
BILLING CODE 7590-01-P