67330 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

are present, in that the exemption

would only provide temporary relief

from the applicable regulations, and the

licensee has made a good faith effort to

comply with the regulation. Therefore,

the Commission hereby grants CCNPPI

a one-time schedular exemption from

the requirements to conduct an exercise

of its onsite and offsite emergency plans

every 2 years as required by 10 CFR part

50, Appendix E, section IV.F.2.b and c.

This conclusion is based on the

licensee’s commitment to conduct the

postponed exercise in 2002.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment (66 FR 64063).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 21st day

of December 2001.

For the Nuclear Regulatory Commission.

Ledyard B. Marsh,

Acting Director, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–31931 Filed 12–27–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–269, Docket No. 50–270,

Docket No. 50–287, Docket No. 72–040,

Docket No. 72–004, Renewed License No.

DPR–38, Renewed License No. DPR–47,

Renewed License No. DPR–55, and License

No. SNM–2503]

Duke Energy Corporation (Oconee

Nuclear Station, Units 1, 2 and 3 and

Oconee Independent Spent Fuel

Storage Installation); Order Approving

Transfer of Operating Authority and

Conforming Amendments

Duke Energy Corporation (Duke

Energy, or DEC) is the holder of

Renewed Facility Operating Licenses

Nos. DPR–38, DPR–47, and DPR–55,

which authorize operation of the

Oconee Nuclear Station, Units 1, 2 and

3 and Materials License No. SNM–2503,

which authorizes operation of the

Oconee Independent Spent Fuel Storage

Installation (ISFSI). The Oconee Nuclear

Station (Oconee or the Facility) and

ISFSI are located in Oconee County,

South Carolina.

By application dated July 10, 2001, as

supplemented by letters dated October

31, November 1 and 26, and December

10, 2001, (collectively referred to herein

as ‘‘the application’’ unless otherwise

indicated) the Commission was

informed that DEC, the licensed

operator of the Oconee units and the

ISFSI, proposes to enter into an

Operation and Maintenance Services

Agreement with Duke Energy Nuclear,

LLC (Duke Nuclear), and transfer

operating authority under the licenses to

Duke Nuclear. Under the proposed

transaction, Duke Nuclear, which will

be a wholly owned indirect subsidiary

of DEC, will become a new licensee

exclusively authorized to operate

Oconee and the ISFSI in accordance

with the terms and conditions of the

licenses. The transaction involves no

change in full ownership of the Facility

and the ISFSI by DEC. DEC requested

approval of the proposed transfer of

operating authority under the Oconee

facility renewed operating licenses to

Duke Nuclear pursuant to 10 CFR 50.80

and requested approval of conforming

amendments pursuant to 10 CFR 50.90

to reflect the transfer. DEC requested

approval of the proposed transfer of

operating authority under the Oconee

ISFSI License SNM–2503 to Duke

Nuclear pursuant to 10 CFR 72.50 and

requested approval of conforming

amendments pursuant to 10 CFR 72.56

to reflect the transfer. The proposed

amendments would add Duke Nuclear

to the licenses and reflect that Duke

Nuclear is exclusively authorized to

operate Oconee and the ISFSI. Duke

Nuclear will also become a general

licensee for storage of spent fuel in

certified dry casks at Oconee pursuant

to 10 CFR 72.210.

Notice of the application for approval

and an opportunity for a hearing was

published in the Federal Register on

September 25, 2001 (66 FR 49049). No

hearing requests or written comments

were received.

Pursuant to 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. In addition,

pursuant to 10 CFR 72.50, no license

shall be transferred through transfer of

control of the license, unless the

Commission gives its consent in writing.

Upon review of the information in the

application, and other information

before the Commission, and relying

upon the representations and

agreements contained in the

application, the NRC staff has

determined that Duke Nuclear is

qualified to hold the operating authority

under the licenses, and that the transfer

of the operating authority under the

licenses to Duke Nuclear is otherwise

consistent with applicable provisions of

law, regulations, and orders issued by

the Commission, subject to the

conditions set forth below. The NRC

staff has further found that the

application for the proposed license

amendments complies with the

standards and requirements of the

Atomic Energy Act of 1954, as amended

(the Act), and the Commission’s rules

and regulations set forth in 10 CFR

Chapter 1; 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

amendments can be conducted without

endangering the health and safety of the

public and that such activities will be in

compliance with the Commission’s

regulations; the issuance of the

proposed license amendments will not

be inimical to the common defense and

security or the health and safety of the

public; and the issuance of the proposed

amendments will be in accordance with

10 CFR part 51 of the Commission’s

regulations and all applicable

requirements have been satisfied. The

foregoing findings are supported by a

safety evaluation dated December 20,

2001.

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 and 10 CFR 72.50, it is

hereby ordered that the transfer of

operating authority under the licenses,

as described herein, to Duke Nuclear is

approved, subject to the following

conditions:

(1) Duke Nuclear shall, prior to

completion of the transfer of operating

authority for Oconee, provide the

Director of the Office of Nuclear Reactor

Regulation satisfactory documentary

evidence that Duke Nuclear has

obtained the appropriate amount of

insurance required of licensees under 10

CFR Part 140 of the Commission’s

regulations.

(2) After receipt of all required

regulatory approvals of the transfer of

operating authority to Duke Nuclear,

DEC and Duke Nuclear shall inform the

Director of the Office of Nuclear Reactor

Regulation in writing of such receipt

within 5 business days and of the date

of the closing of the transfer no later

than 2 business days prior to the date of

closing. If the transfer is not completed

by December 31, 2002, this Order shall

become null and void, provided

however, upon written application and

for good cause shown, such date may in

writing be extended.

It is further ordered that, consistent

with 10 CFR 2.1315(b), license

amendments that make changes, as

indicated in Enclosure 2 to the cover

letter forwarding this Order, to conform

the licenses to reflect the subject

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67331

1 DEC does not have an ownership interest in

Catawba Unit 2, but nonetheless is a holder of the

Unit 2 license in connection with the operating

authority granted to DEC under that license.

transfer of operating authority are

approved. The amendments shall be

issued and made effective at the time

the proposed transfer is completed.

This Order is effective upon issuance.

For further details with respect to this

action, see the initial application dated

July 10, 2001, the supplemental letters

dated October 31, November 1 and 26,

and December 10, 2001, and the Safety

Evaluation dated December 20 , 2001,

which are available for public

inspection at the Commission’s Public

Document Room, located at One White

Flint North, 11555 Rockville Pike (first

floor), Rockville, Maryland. Publicly

available records will be accessible from

the Agencywide Documents Access and

Management Systems (ADAMS) Public

Electronic Reading Room on the Internet

at the NRC Web site, http://

www.nrc.gov/reading-rm/adams.html

Dated at Rockville, Maryland, this 20th day

of December 2001.

For the Nuclear Regulatory Commission.

Brian W. Sheron,

Acting Director, Office of Nuclear Reactor

Regulation.

Martin J. Virgilio,

Director, Office of Nuclear Material Safety

and Safeguards.

[FR Doc. 01–31925 Filed 12–27–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–413, Docket No. 50–414,

License No. NPF–35, and License No. NPF–

52]

Duke Energy Corporation, North

Carolina Electric Membership

Corporation, Saluda River Electric

Cooperative, Inc., North Carolina

Municipal Power Agency No. 1,

Piedmont Municipal Power Agency,

(Catawba Nuclear Station, Units 1 and

2); Order Approving Transfer of

Operating Authority and Conforming

Amendments

Duke Energy Corporation (Duke

Energy, or DEC), the North Carolina

Electric Membership Corporation, and

the Saluda River Electric Cooperative,

Inc. are the holders of Facility Operating

License No. NPF–35, which authorizes

operation of the Catawba Nuclear

Station, Unit 1. DEC, the North Carolina

Municipal Power Agency No. 1, and the

Piedmont Municipal Power Agency are

the holders of Facility Operating

License No. NPF–52, which authorizes

operation of the Catawba Nuclear

Station, Unit 2. The Catawba Nuclear

Station (Catawba or the facility) is

located in York County, South Carolina.

By application dated July 10, 2001, as

supplemented by letters dated October

31, November 1 and 26, and December

10, 2001, (collectively referred to herein

as ‘‘the application’’ unless otherwise

indicated), the Commission was

informed that DEC, the sole licensed

operator of both Catawba units,

proposes to enter into an Operation and

Maintenance Services Agreement with

Duke Energy Nuclear, LLC (Duke

Nuclear), and transfer operating

authority under the licenses to Duke

Nuclear. Under the proposed

transaction, Duke Nuclear, which will

be a wholly owned indirect subsidiary

of DEC, will become a new licensee,

exclusively authorized to operate

Catawba in accordance with the terms

and conditions of the licenses. The

transaction involves no change in

facility ownership, which is as follows:

DEC owns 25%, the North Carolina

Membership Corporation owns 56.25%,

and the Saluda River Electric

Cooperative owns 18.75% of Catawba

Unit 1, and the North Carolina

Municipal Power agency No. 1 owns

75% and Piedmont Municipal Power

Agency owns 25% of Catawba Unit 2.1

DEC requested approval of the

proposed transfer of operating authority

under the Catawba licenses to Duke

Nuclear pursuant to 10 CFR 50.80. The

application also requested approval of

conforming amendments pursuant to 10

CFR 50.90 to reflect the transfer. The

proposed amendments would add Duke

Nuclear to the licenses and reflect that

Duke Nuclear is exclusively authorized

to operate Catawba.

Notice of the application for approval

and an opportunity for a hearing was

published in the Federal Register on

September 25, 2001 (66 FR 49050). No

hearing requests or written comments

were received.

Pursuant to 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 in the application,

and other information before the

Commission, and relying upon the

representations and agreements

contained in the application, the NRC

staff has determined that Duke Nuclear

is qualified to hold the operating

authority under the licenses, and that

the transfer of the operating authority

under the licenses to Duke Nuclear is

otherwise consistent with applicable

provisions of law, regulations, and

orders issued by the Commission,

subject to the conditions set forth below.

The NRC staff has further found that the

application for the proposed license

amendments complies with the

standards and requirements of the

Atomic Energy Act of 1954, as amended

(the Act), and the Commission’s rules

and regulations set forth in 10 CFR

Chapter 1; 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

amendments 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 amendments

will not be inimical to the common

defense and security or the health and

safety of the public; and the issuance of

the proposed amendments will be in

accordance with 10 CFR part 51 of the

Commission’s regulations and all

applicable requirements have been

satisfied. The foregoing findings are

supported by a safety evaluation dated

December 20, 2001.

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 transfer of operating authority under

the licenses, as described herein, to

Duke Nuclear is approved, subject to the

following conditions:

(1) Duke Nuclear shall, prior to

completion of the transfer of operating

authority for Catawba, provide the

Director of the Office of Nuclear Reactor

Regulation satisfactory documentary

evidence that Duke Nuclear has

obtained the appropriate amount of

insurance required of licensees under 10

CFR part 140 of the Commission’s

regulations.

(2) After receipt of all required

regulatory approvals of the transfer of

operating authority to Duke Nuclear,

DEC and Duke Nuclear shall inform the

Director of the Office of Nuclear Reactor

Regulation in writing of such receipt

within 5 business days and of the date

of the closing of the transfer no later

than 2 business days prior to the date of

closing. If the transfer is not completed

by December 31, 2002, this Order shall

become null and void, provided

however, upon written application and

for good cause shown, such date may in

writing be extended.

It is further ordered that, consistent

with 10 CFR 2.1315(b), license

amendments that make changes, as