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

67332 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

indicated in Enclosure 2 to the cover

letter forwarding this Order, to conform

the licenses to reflect the subject

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.

[FR Doc. 01–31926 Filed 12–27–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–369, Docket No. 50–370,

License No. NPF–9, and License No. NPF–

17]

Duke Energy Corporation (McGuire

Nuclear Station, Units 1 and 2); Order

Approving Transfer of Operating

Authority and Conforming

Amendments

Duke Energy Corporation (Duke

Energy, or DEC), is the holder of Facility

Operating Licenses Nos. NPF–9 and

NPF–17, which authorize operation of

the McGuire Nuclear Station, Units 1

and 2 (McGuire or the facility). The

McGuire Nuclear Station is located in

Mecklenburg County, North 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, owner of the facility,

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

McGuire in accordance with the terms

and conditions of the licenses. The

transaction involves no change in

facility ownership. Duke Nuclear will

not own any portion of the facility.

DEC requested approval of the

proposed transfer of operating authority

under the McGuire 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 McGuire. Duke Nuclear will

also become a general licensee for

storage of spent fuel in certified dry

casks at McGuire 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 49048). 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 McGuire, 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

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