Text

License Amendment Request to Facility Operating Licenses for Change of Licensee Name
	ML13155A492
Person / Time
Site:	Harris, Brunswick, Robinson
Issue date:	04/20/2013
From:	Annacone M; Duke Energy Carolinas
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	BSEP 13-0013
	Download: ML13155A492 (62)
	v • d • e

Michael J. Annacone Vice President Brunswick Nuclear Plant P~hr E ergyaP.O.

Box 10429 Southport, NC 28461 910-457-3698 10 CFR 50.90 April 20, 2013 Serial: BSEP 13-0013 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555

Subject:

Brunswick Steam Electric Plant, Unit Nos. 1 and 2 Docket Nos. 50-325, 50-324 Shearon Harris Nuclear Power Plant, Unit 1 Docket No. 50-400 H. B. Robinson Steam Electric Plant, Unit No. 2 Docket No. 50-261 License Amendment Request to Facility Operating Licenses for Change of Licensee Name Ladies and Gentlemen:

On March 8, 2013, Carolina Power & Light Company (CP&L) filed Articles of Amendment to its Articles of Incorporation with the North Carolina Department of the Secretary of State indicating its corporate name was changing to Duke Energy Progress, Inc. The name change will become effective April 29, 2013.

In accordance with 10 CFR 50.90, this letter transmits a license amendment request for the Facility Operating Licenses for the Brunswick Steam Electric Plant, Unit Nos. 1 and 2; the Shearon Harris Nuclear Power Plant, Unit No. 1; and the H. B. Robinson Steam Electric Plant, Unit No. 2. It is requested that an amendment be made to these licenses to reflect the change in the name of the licensee from Carolina Power & Light Company to Duke Energy Progress, Inc.

A separate license amendment request has been submitted for Crystal River Unit 3, to modify the name of the licensee from Florida Power Corporation to Duke Energy Florida, Inc.

CP&L has evaluated the proposed amendments and has determined that they do not involve a significant hazards consideration pursuant to 10 CFR 50.92. The proposed amendments are a name change only. There is no change in the state of incorporation, registered agent, registered office, rights, or liabilities of the company. Furthermore, there is not a change in the function of the licensee or the way in which it does business.

The licensee's financial responsibility for its plant and its sources of funds to support the plant will remain the same. Duke Energy Progress, Inc. will continue to be a utility regulated by the Federal Energy Regulatory Commission, the North Carolina Public Utility Commission, and the Public Service Commission of South Carolina.

04 -

U.S. Nuclear Regulatory Commission Page 2 of 3 CP&L requests the NRC complete its review and approval of this administrative change at its earliest convenience, to coincide with the expected Secretary of State approval of the corporate name change. However, if earlier approval cannot be granted, CP&L requests NRC approval of these license amendment requests by March 31, 2014, with a 60-day implementation period.

In accordance with 10 CFR 50.90(b)(1), CP&L is providing the State of North Carolina and the State of South Carolina with a copy of the proposed license amendments.

This document contains no regulatory commitments.

Please refer any questions regarding this submittal to Donna Alexander, Manager - Nuclear Regulatory Affairs, at (919) 546-5357.

I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 20, 2013.

Sincerely, Michael J. Annacone WRM/wrm

Enclosures:

1. Evaluation of Proposed License Amendment Request

2. Articles of Amendment to the Articles of Incorporation filed with the North Carolina Department of the Secretary of State

3. Facility Operating License Mark-ups - Brunswick Steam Electric Plant, Unit No. 1

4. Facility Operating License Mark-ups - Brunswick Steam Electric Plant, Unit No. 2

5. Facility Operating License Mark-ups - Shearon Harris Nuclear Power Plant, Unit No. 1

6. Facility Operating License Mark-ups - H. B. Robinson Steam Electric Plant, Unit No. 2

U.S. Nuclear Regulatory Commission Page 3 of 3 cc (with enclosures):

U. S. Nuclear Regulatory Commission, Region II ATTN: Mr. Victor M. McCree, Regional Administrator 245 Peachtree Center Ave, NE, Suite 1200 Atlanta, GA 30303-1257 U. S. Nuclear Regulatory Commission ATTN: Mr. Christopher Gratton (Mail Stop OWFN 8G9A) 11555 Rockville Pike Rockville, MD 20852-2738 U. S. Nuclear Regulatory Commission (Electronic Copy Only)

ATTN: Ms. Araceli T. Billoch Col6n (Mail Stop OWFN 8G9A) 11555 Rockville Pike Rockville, MD 20852-2738 U. S. Nuclear Regulatory Commission ATTN: Ms. Michelle P. Catts, NRC Senior Resident Inspector 8470 River Road Southport, NC 28461-8869 U. S. Nuclear Regulatory Commission ATTN: Mr. Joe Austin, NRC Senior Resident Inspector 5421 Shearon Harris Road New Hill, NC 27562-9998 U. S. Nuclear Regulatory Commission ATTN: Mr. Jim Hickey, NRC Senior Resident Inspector 2112 Old Camden Road Hartsville, SC 29550 Chair - North Carolina Utilities Commission P.O. Box 29510 Raleigh, NC 27626-0510 Mr. W. Lee Cox, III, Section Chief (Electronic Copy Only)

Radiation Protection Section North Carolina Department of Health and Human Services 1645 Mail Service Center Raleigh, NC 27699-1645 lee.cox@dhhs.nc.gov Ms. S. E. Jenkins Division of Radioactive Waste Management South Carolina DHEC 2600 Bull Street Columbia, SC 29201 Attorney General Rembert C. Dennis Building Columbia, SC 29201

BSEP 13-0013 Page 1 of 5 Evaluation of Proposed License Amendment Request

Subject:

Revision to Facility Operating Licenses for Change of Licensee Name 1.0 Summary Description This letter is a request by Carolina Power & Light Company (CP&L) to amend the Facility Operating Licenses for the Brunswick Steam Electric Plant (BSEP), Unit Nos. 1 and 2; the Shearon Harris Nuclear Power Plant, Unit No. 1; and the H. B. Robinson Steam Electric Plant, Unit No. 2. The proposed change revises the corporate name of the licensee in each facility's operating license from Carolina Power & Light Company to Duke Energy Progress, Inc.

2.0 Detailed Description On March 30, 2011 (i.e., Reference 1), as supplemented by letter dated September 2, 2011 (i.e., Reference 2), Carolina Power & Light Company and Florida Power Corporation submitted a joint application requesting approval of the indirect transfer of the Facility Operating Licenses listed below as a result of a corporate merger between Progress Energy, Inc. and Duke Energy Corporation. Progress Energy was the parent corporation of both Carolina Power & Light Company and Florida Power Corporation.

1. Brunswick Steam Electric Plant, Units 1 and 2, Renewed Facility Operating License Nos. DPR-71 and DPR-62, Docket Nos. 50-325 and 50-324;

2. Shearon Harris Nuclear Power Plant, Unit 1, Renewed Facility Operating License No. NPF-63, Docket No. 50-400;

3. H. B. Robinson Steam Electric Plant, Unit 2, Renewed Facility Operating License No. DPR-23, Docket No. 50-261

4. H. B. Robinson Steam Electric Plant, Unit 2 Independent Spent Fuel Storage Installation, Renewed Materials License No. SNM-2502, Docket No. 72-3;

5. Crystal River Unit 3 Nuclear Generating Plant, Facility Operating License No. DPR-72, Docket No. 50-302.

On December 2, 2011 (i.e., Reference 3), the NRC issued Orders approving the indirect transfer of control of the above listed licenses.

On March 8, 2013, Carolina Power & Light Company filed "Articles of Amendment" with the North Carolina Department of the Secretary of State amending its Articles of Incorporation, to change its corporate name to Duke Energy Progress, Inc. A copy of the Articles of Amendment is provided in Enclosure 2. The name change will become effective on April 29, 2013. The NRC is requested to replace references to the name "Carolina Power & Light Company" with references to the name "Duke Energy Progress, Inc." in applicable locations of the Facility Operating Licenses for Brunswick Steam Electric Plant, Units 1 and 2; Shearon Harris Nuclear Power Plant, Unit 1; and H. B. Robinson Steam Electric Plant, Unit 2.

References to "Carolina Power & Light Company" in the Facility Operating Licenses, which are written in the past tense, have been marked with an asterisk. A footnote, associated with the asterisk, informs the reader that on April 29, 2013, the name of "Carolina Power & Light

BSEP 13-0013 Page 2 of 5 Company" was changed to "Duke Energy Progress, Inc." Other references to Carolina Power &

Light Company have been changed to the new corporate name Duke Energy Progress, Inc.

A marked up copy of the Facility Operating Licenses for BSEP, Units 1 and 2, are provided in Enclosures 3 and 4, respectively. A marked up copy of the Facility Operating License for Shearon Harris Unit 1 is provided in Enclosure 5. A marked up copy of the Facility Operating License for H. B. Robinson Steam Electric Plant, Unit No. 2 is provided in Enclosure 6.

3.0 Technical Evaluation The proposed changes to the Facility Operating Licenses identified above are administrative in nature and involve a corporate name change only. The corporate existence continues uninterrupted and all legal characteristics remain the same. Thus, there is no change in the ownership, state of incorporation, registered agent, registered office, directors, officers, nor is there a change in the function of the corporation or the way in which it conducts business. The corporation's financial responsibility for the plants identified in this request, and its sources of funds to support the facility, remain the same.

The name change will have no impact on the design, function, or operation of any plant structures, systems, or components. Therefore, this change does not reduce the level of safety imposed by the current Facility Operating Licenses. As renamed, Duke Energy Progress, Inc.

will continue to be responsible for the safe operation of Brunswick Steam Electric Plant, Units 1 and 2; Shearon Harris Nuclear Power Plant, Unit 1; and H. B. Robinson Steam Electric Plant, Unit 2.

4.0 Regulatory Evaluation The proposed changes to the Facility Operating Licenses for the Brunswick Steam Electric Plant, Unit Nos. 1 and 2; the Shearon Harris Nuclear Power Plant, Unit 1; and the H. B.

Robinson Steam Electric Plant, Unit No. 2, are being submitted to the NRC in accordance with 10 CFR 50.90. The amendment request is being submitted only for the purpose of updating the affected license documents to reflect a name change to Duke Energy Progress, Inc.

4.1 Significant Hazards Consideration Carolina Power & Light Company has evaluated whether or not a significant hazards consideration is involved with the proposed amendments by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:

(1)

Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

The proposed amendments involve a change of the corporate name of Carolina Power & Light Company to Duke Energy Progress, Inc. The proposed amendments do not involve any change in the technical qualifications of the licensee or the plant's design, configuration, or operation. All Limiting Conditions for Operation, Limiting Safety System Settings and Safety Limits specified in the Technical Specifications remain unchanged. Also, the physical security plan and related plans, the operator training and requalification program, the quality assurance program, and the emergency plan will not be materially changed by the proposed corporate name change. The corporate name change amendments will

BSEP 13-0013 Page 3 of 5 not affect the executive oversight provided by the Chief Nuclear Officer and his staff.

Therefore, the proposed amendments do not involve any increase in the probability or consequences of an accident previously analyzed.

(2)

Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

The proposed amendments do not involve any change in the plant's design, configuration, or operation. The current plant design, design bases, and plant safety analysis will remain the same.

The Limiting Conditions for Operations, Limiting Safety System Settings, and Safety Limits specified in the Technical Specifications are not affected by the proposed corporate name change. As such, the plant conditions for which the design basis accident analysis was performed remain valid.

The proposed amendments do not introduce a new mode of plant operation or new accident precursors, do not involve any physical alterations to the plant's configuration, or make changes to system setpoints that could initiate a new or different kind of accident.

Therefore, the proposed amendments do not create the possibility of a new or different kind of accident from any accident previously evaluated.

(3)

Does the proposed amendment involve a significant reduction in a margin of safety?

The proposed amendments do not involve a change in the plant's design, configuration, or operation. The proposed amendments affect neither the way in which the plant's structures, systems, and components perform their safety function nor its design and licensing bases.

Plant safety margins are established through Limiting Conditions for Operation, Limiting Safety System Settings and Safety Limits specified in the Technical Specifications. Because there is no change to the physical design of the plant, there is no change to any of these margins.

Therefore, the proposed amendments do not involve a significant reduction in a margin of safety.

Based on the above, Carolina Power & Light Company concludes that the proposed amendments do not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c). Accordingly, a finding of "no significant hazards consideration" is justified.

4.2 Applicable Regulatory RequirementslCriteria The proposed amendments are administrative in nature and involve a corporate name change only. This request is being submitted to the NRC in accordance with 10 CFR 50.90, only for the purpose of updating the affected Facility Operating License documents. The proposed changes

BSEP 13-0013 Page 4 of 5 do not alter any technical content of the Facility Operating Licenses or any technical content of the Technical Specifications requirements, nor does it have any programmatic effect on the Quality Assurance Program description. The corporate status of the licensee has not changed.

Based on the Order approving the indirect transfer of control of the affected licenses (i.e.,

Reference 3), no additional transfer within the scope of 10 CFR 50.80 or 10 CFR 72.50 is occurring in conjunction with this change in corporate name.

4.3 Conclusions In conclusion, based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by the change in corporate name change of the licensee, (2) operation of the Brunswick Steam Electric Plant, Unit Nos. 1 and 2; the Shearon Harris Nuclear Power Plant, Unit No. 1; and the H. B. Robinson Steam Electric Plant, Unit No. 2, will continue to be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendments will not be inimical to the common defense and security or to the health and safety of the public.

4.4 Precedents Similar changes regarding changes to licensee names in operating license have been issued for the Duane Arnold Energy Center on November 13, 2009 (i.e., Reference 4), and the Point Beach Nuclear Plant, Units 1 and 2 on May 13, 2010 (i.e., Reference 5).

5.

Environmental Consideration The change in licensee name will have no effect on the radiological or non-radiological operation of the plant.

The change will not increase the probability or consequences of any accident, no changes are being made in the types of any effluents that may be released offsite from the plant, and there is no significant increase in the allowable individual or cumulative occupational radiation exposure at the plant. Accordingly, there are no significant radiological environmental impacts associated with the proposed amendments.

The change in corporate name does not involve features located entirely within the restricted area as defined in 10 CFR 20. It does not affect non-radiological plant effluents and has no other environmental impact. Accordingly, there are no significant non-radiological environmental impacts associated with the proposed amendment.

In accordance with to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the proposed amendment.

6.

References

1. Letter from James Scarola (CP&L), to U.S Nuclear Regulatory Commission, Application for Approval of Indirect Transfers of Control of Licenses Pursuant to 10 CFR § 72.50, dated March 30, 2011, ADAMS Accession Number ML11110A031

2. Letter from James Scarola (CP&L), to U.S Nuclear Regulatory Commission, Response to Request for Additional Information Regarding Application for NRC Consent to Indirect

BSEP 13-0013 Page 5 of 5 License Transfer for the Proposed Merger of Duke Energy Corporation and Progress Energy, Inc., dated September 2, 2011, ADAMS Accession Number ML11255A129

3. NRC letter, Orders Approving Indirect Transfer of Control of Licenses of Brunswick Steam Electric Plant, Units I and 2; Shearon Harris Nuclear Power Plant, Unit 1; H. B. Robinson Steam Electric Plant, Unit 2; H. B. Robinson Steam Electric Plant Independent Spent Fuel Storage Installation; and Crystal River Unit 3 Nuclear Generating Plant (TAC Nos. ME5970, ME5971, ME5972, ME5973, ME5974, and L24550), dated December 2, 2011, ADAMS Accession Number ML11255A055

4. NRC letter, Duane Arnold Energy Center-Issuance of Amendment Pertaining to Name Change of Licensee and Co-Owner (TAC No. ME1171), dated November 13, 2009, ADAMS Accession Number ML093030113

5. NRC letter, Point Beach Nuclear Plant, Units I and 2-Issuance of Amendments re: Name Change of Licensee and Correction of the Appendix C License Condition Typographical Error (TAC Nos. ME1 119 and ME1 120), dated May 13, 2010, ADAMS Accession Number ML093070509

BSEP 13-0013 Articles of Amendment to the Articles of Incorporation filed with the North Carolina Department of the Secretary of State

I NORTH CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings:

I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF AMENDMENT OF CAROLINA POWER & LIGHT COMPANY WHICH CHANGED ITS NAME TO DUKE ENERGY PROGRESS, INC.

the original of which was filed in this office on the 8th day of March, 2013.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 8th day of March, 2013 S

a S

Secretary of State Docummnt Id: C201306700489

C201306700489 SOSID: 0023868 Date Filed: 3/8/2013 2:35:00 PM Effective: 4/29/2013 Elaine F. Marshall North Carolina Secretary of State State of North Carolina C2013067004 Department of the Secretary of State ARTICLES OF AMENDMENT BUSINESS CORPORATION Pursuant to §55-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of Amendment fbr the purpose of amending its Articles of Incorporation.

1. The name of the corporation is: Carolina Power & Light Company

2. The text of each amendment adopted is as follows (State below or attach):

See attached document for amendment 89

3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment, if not contained in the amendment itself, are as follows:

N/A

4.

The date of adoption of each amendment was as follows-March 8, 2013

.5.

(Check either a, b, c, or d, whichever is applicable)

a.

The amendment(s) was (were) duly adopted by the incorporators prior to the issuance of shares.

b.

The amendment(s) was (were) duly adopted by the board of directors prior to the issuance of shares.

c.

The amendment(s) was (were) duly adopted by the board of directors without shareholder action as shareholder action was not required because (set forth a brief explanation of why shareholder action was not required)

d. I/

The amendment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required by Chapter 55 of the North Carolina General Statutes.

CORPORATIONS DIVISION (Revised January 2002)

P. O. BOX 29622 RALEIGH, NC 27626-0622 (Form B-02)

C201306700489 ARTICLES OF AMENDMENT Page 2

6.

These articles will be effective upon filing, unless a delayed time and date is specified:

Effective as of April 29, 2013 This the 8th day of March

,2013 Carolina Power & Light Company Name of Corpora Nancy M. Wnight, Assistant Corporate Secretary Type or Print Name and Title NOTES:

I.

Filing fee is $50. This document must be filed with the Secretary of State, CORPORATIONS DIVISION (Revised January 2002)

P. O. BOX 29622 RALEIGH, NC 27626-0622 (Form B-02)

C201306700489 ARTICLES OF AMENDMENT OF CAROLINA POWER & LIGHT COMPANY The undersigned corporation hereby delivers for filing these Articles of Amendment for the purpose of amending its Restated Charter (hereinafter referred to as its "Articles of In1corporation".)

1. The Articles of Incorporation, as amended, of Carolina Power & Light Company, are further amended by striking the sentence under Article First thereof, which reads as follows:

FIRST: "The name of the corporation is CAROLINA POWER & LIGHT COMPANY."

And by inserting in lieu thereof the following sentence:

FIRST: "The name of the corporation is Duke Energy Progress, Inc."

2. The foregoing amendment was duly adopted by the sole shareholder of this Corporation on March 8, 2013 in accordance with the Corporation's Articles of Incorporation as amended, and with the necessary number of votes cast in favor of the amendment.

3. These Articles of Amendment shall become effective at 12:01 a.m. on April 29, 2013.

C201306700489 IN WITNESS WHEREOF, the Corporation has caused this certificate to be signed by a duly authorized officer this 8th day of March, 2013.

CAROLINA POWER & LIGHT COMPANY By:

"J---

Na e:

ames E. Rogers Tit.

Chief Executive Officer

BSEP 13-0013 Facility Operating License Mark-ups -

Brunswick Steam Electric Plant (BSEP),

Unit No. 1

DUKE ENERGY PROGRESS, INC.

0 I

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I* RIV DOCKET NO. 50-325 BRUNSWICK STEAM ELECTRIC PLANT. UNIT I RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-71 The Nuclear Regulatory Commission (NRC or the Commission) having previously made the findings set forth in License No. DPR-71 issued on September 8, 1976, has now found that:

r=

A.

The application for license filed by Carolina Power & Light Companyf-J'r the licensee) 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 I and all required notifications to other agencies or bodies have been duly made; B.

Construction of the Brunswick Steam Electric Plant, Unit 1 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-68 and the application, as amended, the provisions of the Act and the rules and regulations of the Commission; C.

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 facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D.

The facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; E.

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 rules and regulations of the Commission; F.

The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission;

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

G.

The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H.

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;

1.

After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs, and considering available alternatives, the adverse environmental impacts of license renewal are not so great that preserving the option of license renewal would be unreasonable and the issuance of Renewed Facility Operating License No. DPR-71, subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 (formerly Appendix D to Part 50), of the Commission's regulations and all applicable requirements have been satisfied; and J.

The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40, and 70, including 10 CFR Section 30.33, 40.32, 70.23 and 70.31.

2.

Renewed Facility Operating License No. DPR-71 is hereby issued to the e

Power & 6ight Company to read as follows:

Duke Energy Progress, Inc.

A.

This license applies to the Brunswick Steam Electric Plant, Unit 1, a boiling water reactor and associated equipment (the facility), owned by the Carolina P'w:; &

iog.hf..pei" and North Carolina Eastern Municipal Power Agency and operated by G*;*L*_.-Y0r & L0.ht Cc..Pa.. The facility is located on the S

Eneg Cape Fear River, nea ort in Brunswick County, North Carolina, and is Duke Energy described in the "Final Safety sis Report" as supplemented and amended

'Progress, Inc.

i.nr P

e I

(Amendments through 31) and the ir--,nle and amended.

Duke Energy Progress, Inc.

B.

Subject to the conditions and require ts incorporated herein, the Commission hereby licenses CroiaF^;

Pow..

& Light Company:

(1)

Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed 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 Final Safety Analysis Report, as supplemented and amended; Renewed License No. DPR-71

(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 and 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 and 70 to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of Brunswick Steam Electric Plant, Unit Nos. I IDuke Energy Progress, Inc.

and 2, and H. B. Robinson Steam Electric Plant, Unit No. 2.

(6) "

CiilFB PwFcr S Light CompaRy shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility and as approved in the Safety Evaluation Report, dated November 22, 1977, as supplemented April 1979, June 11, 1980, December 30, 1986, December 6, 1989, July 28, 1993, and February 10, 1994, respectively, subject to the following provisions:

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.

C.

This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 steady state reactor core power levels not in excess of 2923 megawatts thermal.

Renewed License No. DPR-71 IDuke Energy Progress, Inc.

(2)

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 262, are hereby incorporated in the license. Gereline POWOF & Light Company shall operate the facility in accordance with the Technical Specifications.

For Surveillance Requirements (SRs) that are new In Amendment 203 to Renewed Facility Operating License DPR-71, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 203. For SRs that existed prior to Amendment 203, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to Implementation of Amendment 203.

(a)

Effective June 30, 1982, the surveillance requirements listed below need not be completed until July 15, 1982. Upon accomplishment of the surveillances, the provisions of Technical Specification 4.0.2 shall apply.

Specification 4.3.3.1, Table 4.3.3-1, Items 5.a and 5.b (b)

Effective July 1, 1982, through July 8, 1982, Action statement "a" of Technical Specification 3.8.1.1 shall read as follows:

ACTION:

a. With either one offsite circuit or one diesel generator of the above required A.C. electrical power sources inoperable, demonstrate the OPERABILITY of the remaining A.A. sources by performing Surveillance Requirements 4.8.1.1. l.a and 4.8.1.1.2.a.4 within two hours and at least once per 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months thereafter; restore at least two offsite circuits and four diesel generators to OPERABLE status within 7 days or be in at least HOT SHUTDOWN within the next 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months and in COLD SHUTDOWN within the following 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months .

(3)

Deleted by Amendment No. 206.

D.

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency 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 plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Physical Security Plan, Revision 2." and "Safeguards Contingency Plan, Revision 2," submitted by letter dated May 17, 2006, and "Guard Training and Qualification Plan, Revision 0,"

submitted by letter dated September 30, 2004.

Renewed License No. DPR-71 Amendment No. 262

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY

- 4a -

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee's CSP was approved by License Amendment No. 258, as supplemented by a change approved by License Amendment No. 261.

Renewed License No. DPR-71 Amendment No. 261 I

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY E.

This license is subject to the following additional conditions for the protection of the environment:

a. Deleted per Amendment 54, 3-11-83

b. Deleted per Amendment 54, 3-11-83

c. The licensee shall comply with the effluent limitations contained in National Pollutant Discharge Elimination System Permit No. NC0007064 issued pursuant to Section 402 of the Federal Water Pollution Control Act, as amended.

F.

In accordance with the requirement imposed by the October 8, 1976, order of the United States Court of Appeals for the District of Columbia Circuit in Natural Resources Defense Council v. Nuclear Reaqulatory Commission, No. 74-1385 and 74-1586, that the Nuclear Regulatory Commission "shall make any licenses granted between July 21, 1976 and such time when the mandate is issued subject to the outcome of the proceedings herein," the license issued herein shall be subject to the outcome of such proceedings.

G.

Deleted by Amendment No. 206.

H.

This license is effective as of the date of issuance and shall expire at midnight on September 8, 2036.

1.

Deleted per Amendment No. 70 dated 5-25-84.

J.

Deleted per Amendment No. 70 dated 5-25-84.

K.

Deleted by Amendment No. 206.

L.

Power Uprate License Amendment Implementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment (Amendment No. 183):

(1)

Deleted by Amendment No. 206.

(2)

Deleted by Amendment No. 206.

Renewed License No. DPR-71

(3)

Fuel Pool Decay Heat Evaluation The decay heat loads and the decay heat removal systems available for each refueling outage shall be evaluated, and bounding or outage specific analyses shall be used for various refueling sequences. Where a bounding engineering evaluation is in place, a refueling specific assessment shall be made to ensure that the bounding case encompasses the specific refueling sequence. In both cases (i.e.,

bounding or outage specific evaluations), compliance with design basis assumptions shall be verified.

(4)

Deleted by Amendment No. 206.

(5)

Deleted by Amendment No. 206.

M.

The UFSAR sup lement, as revised, subr pursuant to 10 CFR 54.21(d),

shall be included 'n the next schedulecJ~pdate to the UFSAR required by 10 CFR 50.71 (e)( ) following the isgrance of this renewed operating license.

Until that update i complete, CP&L may make changes to the programs and activities describe the supplement without prior Commission approval, provided that CP&L evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

N.

The UFSAR supplement, as revised, describes certain future activities to be completed prior to the period of extended operation. Q shall complete these activities no later than September 8, 2016, and shall Xtify the NRC in writing when implementation of these activities is complete nd can be verified by NRC inspection.

Duke Energy Progress, Inc.

0.

All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of the most recent NRC-approved version of the Boiling Water Reactor Vessels and Internals Project (BWRVIP)

Integrated Surveillance Program (ISP) appropriate for the configuration of the specimens in the capsule. Any changes to the BWRVIP ISP capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation. All capsules placed in storage must be maintained for future insertion. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

Renewed License No. DPR-71

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY P.

Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(1)

Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel (2)

Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (3)

Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders Q.

The licensee shall implement and maintain all Actions required by Attachment 2 to NRC Order EA-06-137, issued June 20, 2006, except the last action that requires incorporation of the strategies into the site security plan, contingency plan, emergency plan and/or guard training and qualification plan, as appropriate.

Renewed License No. DPR-71 Revised by letter dated August 9, 2007

8-

3.

Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No.

262, are hereby incorporated into this license. CGa*ri.a Po9...

& Light Compan.

shall operate the facility in accordance with the Additional Conditions.

IDuke Energy Progress, Inc.

FOR THE NUCLEAR REGULATORY COMMISSION IRA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Attachments:

1. Unit I - Technical Specifications - Appendices A and B Date of Issuance: June 26, 2006 Renewed License No. DPR-71 Amendment No. 262 I

APPENDIX A TO THE FACILITY OPERATING LICENSE DPR-71 TECHNICAL SPECIFICATIONS FOR BRUNSWICK STEAM ELECTRIC PLANT UNIT 1 CAROLDNA POWER 1

IGHT COMPANY vww

~

~ ww:

UV w*

=*w vwg1's I DUKE ENERGY PROGRESS, INC.I

BSEP 13-0013 Facility Operating License Mark-ups -

Brunswick Steam Electric Plant (BSEP),

Unit No. 2

I DUKE ENERGY PROGRESS, INC. I r'AEfnI IMJA DfnlAir-9 f'

nhCffAD3AKI' DOCKET NO. 50-324 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 2 RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-62 The Nuclear Regulatory Commission (NRC or the Commission) having previously made the findings set forth in License No. DPR-62 issued on December 27, 1974, has now found that:

l A.

The application for license filed by Carolina Power & Light Company'iP&L or the licensee) 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 I and all required notifications to other agencies or bodies have been duly made; B.

Construction of the Brunswick Steam Electric Plant, Unit 2 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-67 and the application, as amended, the provisions of the Act and the rules and regulations of the Commission; C.

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 facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D.

The facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; E.

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 rules and regulations of the Commission; F.

The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission;

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

G.

The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H.

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; After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Renewed Facility Operating License No. DPR-62 subject to the conditions for protection of the environment set forth herein is in accordance with 10 CFR Part 51 (formerly Appendix D to 10 CFR Part 50), of the Commission's regulations and all applicable requirements have been satisfied; and J.

The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40, and 70, including 10 CFR Section 30.33, 40.32, and 70.23 and 70.31.

2.

Renewed Facility Operating License No. DPR-62 is hereby issued to the Pw;cr & Li6ht Company to read as follows:

Duke Energy Progress, Inc.*"*

A.

This license applies to Brunswick Steam Electric Plant, Unit 2, a boiling water reactor and associated equipment (the facility), owned by the Carolina Power &

.heImpa.y and North Carolina Eastern Municipal Power Agency and operated by Gar8Ii.a Pe';*_R I L i

paR.F. The facility is located on the Cape Fear River, near So in Brunswick County, North Carolina, and is Duke Energy described in the "Final Safety Ana iReport" as supplemented and amended ProgressInc.

(Amendments 1 through 29) and the "En mental Report" as supplemented and amended (Supplements 1 through 7).

=Duke Energy Progress, Inc.1 B.

Subject to the conditions and requirements corporated herein, the Commission hereby licenses Carolina Powor & Light Company:

(1)

Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed 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 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 Renewed License No. DPR-62 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, and special nuclear materials without restriction to chemical of 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 and 70 to posses, but not separate, such byproduct and special nuclear materials as may be produced by the operation of Brunswick Steam Electric Plant, Unit Nos. 1 and 2, and H. B. Robinson Steam Electric Plant, Unit No. 2 IDuke Energy Progress, In~c.l (6)

CG.oInr118 P14Wor & Uight -. mp... shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility and as approved in the Safety Evaluation Report dated November 22, 1977, as supplemented April 1979, June 11, 1980, December 30, 1986, December 6, 1989, July 28, 1993, and February 10, 1994 respectively, 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.

C.

This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 steady state reactor core power levels not in excess of 2923 megawatts (thermal).

(2)

Technical Specifications IDuke Energy Progress, iI The Technical Specifications contained in Appendix A, as revised through Amendment No. 290, are hereby incorporated in the license.

I&

ghtt-Gempany shall operate the facility in accordance with the Technical Specifications.

Renewed License No. DPR-62 Amendment No. 290

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY For Surveillance Requirements (SRs) that are new in Amendment 233 to Renewed Facility Operating License DPR-62, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 233. For SRs that existed prior to Amendment 233, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment 233.

(a)

The end of the current surveillance period for the surveillance requirements listed below may be extended beyond the time limit specified by Technical Specification 4.0.2a. After May 1, 1982, the plant shall not be operated in Conditions 1, 2, or 3 until the surveillance requirements listed below have been completed. Upon accomplishment of the surveillances, the provisions of Technical Specification 4.0.2a shall apply.

Specification 4.3.1.1; Table 4.3.1-1, items 9 & 10 4.3.1.2 4.3.1.3; Table 3.3.1-2, item 10 4.3.2.1; Table 4.3.2-1, items 1.d & 1.f 4.3.2.3; Table 3.3.2-3, item 1.a.1 4.3.3.2; Table 4.3.3-1, items 4.c & 4.f 4.5.2.a 4.8.1.1.2.d.2 4.8.1.1.2.d.3 4.8.1.1.2.d.6 4.8.1.1.2.d.7 (b)

Effective June 30, 1982, the surveillance requirements listed below need not be completed until restart for Cycle 5 or July 15, 1982, whichever occurs first. The unit shall not be operated in Conditions 1, 2 or 3 until the surveillance requirements listed below have been completed. Upon accomplishment of the surveillances, the provisions of Technical Specification 4.0.2 shall apply.

Specification 4.3.3.1 Table 4.3.3-1, Items 5.a and 5.b.

(c)

Effective July 1, 1982, through July 8, 1982, Action statement "a" of Technical Specification 3.8.1.1 shall read as follows:

ACTION:

a. With either one offsite circuit or one diesel generator of the above required A.C. electrical power sources inoperable, demonstrate the OPERABILITY of the remaining A.C. sources by performing Surveillance Requirements 4.8.1.1.1.a and 4.8.1.1.2.1.4 within two hours and at least once per 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months thereafter; restore at least two offsite circuits and four Renewed License No. DPR-62

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY diesel generators to OPERABLE status within 7 days or be in at least HOT SHUTDOWN within the next 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months and in COLD SHUTDOWN within the following 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months .

(3)

Deleted by Amendment No. 236.

(4)

Equalizer Valve Restriction The valves in the equalizer piping between the recirculation loops shall be closed at all times during reactor operation, except for one bypass valve which is left open to prevent pressure build-up due to ambient and conduction heating of the water between the equalizer valves.

(5)

Deleted by Amendment No. 233.

(6)

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency 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 plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Physical Security Plan, Revision 2," and "Safeguards Contingency Plan, Revision 2," submitted by letter dated May 17, 2006, and "Guard Training and Qualification Plan, Revision 0," submitted by letter dated September 30, 2004.

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The licensee's CSP was approved by License Amendment No. 286, as supplemented by a change approved by License Amendment No. 289.

D.

This license Is subject to the following additional conditions for the protection of the environment:

a.

Deleted per Amendment 79, 3-11-83

b.

Deleted per Amendment 79, 3-11-83

c.

Deleted per Amendment 79, 3-11-83

d.

The licensee shall comply with the effluent limitations contained in National Pollutant Discharge Elimination System Permit No. NC0007064 issued pursuant to Section 402 of the Federal Water Pollution Control Act, as amended.

E.

This license is effective as of the date of issuance and shall expire at midnight on December 27, 2034.

Renewed License No. DPR-62 Amendment No. 289

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY F.

G.

H.

- 5a -

Deleted per Amendment No. 98 dated 5-25-84.

Deleted by Amendment No. 236.

I Renewed License No. DPR-62 Amendment No. 286 I

I.

Power Uprate License Amendment Implementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment (Amendment No. 214):

(1) Deleted by Amendment No. 236.

(2) Deleted by Amendment No. 236.

(3) Fuel Pool Decay Heat Evaluation The decay heat loads and the decay heat removal systems available for each refueling outage shall be evaluated, and bounding or outage specific analyses shall be used for various refueling sequences. Where a bounding engineering evaluation is in place, a refueling specific assessment shall be made to ensure that the bounding case encompasses the specific refueling sequence. In both cases (i.e., bounding or outage specific evaluations),

compliance with design basis assumptions shall be verified.

Stb(4) Deleted by Amendment No. 236.

(5) Deleted by Amendment No. 236.

J.

he UFSAR supplement, as revise, submitted pursuant to 10 CFR 54.21(d), shall included in the next schedu update to the UFSAR required by 10 CFR 71 (e)(4) following the i nce of this renewed operating license. Until that up te is complete, CP&L may make changes to the programs and activities

\\des bed in the supplement without prior Commission approval, provided that CP&L evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

K. The UFSAR supplement, as revised, describes certain future activities to be completed prior to the period of extended operation. G-P&4= shall complete these activities no later than December 27, 2014, and sh notify the NRC in writing when implementation of these activities is complete an an be verified by NRC inspection.

IDuke Energy Progress, Inc.

L. All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of the most recent NRC-approved version of the Boiling Water Reactor Vessels and Internals Project (BWRVIP) Integrated Surveillance Program (ISP) appropriate for the configuration of the specimens in the capsule. Any changes to the BWRVIP ISP capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation.

All capsules placed in storage must be maintained for future insertion. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

Renewed License No. DPR-62

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY M.

Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(1)

Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel (2)

Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (3)

Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders N.

The licensee shall implement and maintain all Actions required by Attachment 2 to NRC Order EA-06-137, issued June 20, 2006, except the last action that requires incorporation of the strategies into the site security plan, contingency plan, emergency plan and/or guard training and qualification plan, as appropriate.

Renewed License No. DPR-62 Revised by letter dated August 9, 2007

3.

Additional Conditions The Additional Conditions contained inl Appendix B, as revised through Amendment No.

, are hereby Incorporated into this license. Carmlin *-.... -

L:ght C&..mpany shall operate the facility in accordance with the Additional Conditions.

IDuke Energy Progress, Inc.

I FOR THE NUCLEAR REGULATORY COMMISSION IRAI J. E. Dyer, Director Office of Nuclear Reactor Regulation Attachments:

1. Unit 2 - Technical Specifications - Appendices A and B Date of Issuance: June 26, 2006 Renewed License No. DPR-62 Amendment No. 290 I

APPENDIX A TO THE FACILITY OPERATING LICENSE DPR-62 TECHNICAL SPECIFICATIONS FOR BRUNSWICK STEAM ELECTRIC PLANT UNIT 2 CAROLINA POWER LIGHT COt.PANY DUKE ENERGY PROGRESS, INC.

BSEP 13-0013 Facility Operating License Mark-ups -

Shearon Harris Nuclear Power Plant, Unit No. 1

DUKE ENERGY PROGRESS, INC.

CAROLINA POWER & LIGHT COMP1-,ANNY NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-63

1.

The Nuclear Regulatory Commission (the Commission or the NRC) has found that:

A.

The appligito'n for renewal of the license filed by the Carolina Power & Light Company'CP&L) for itself, and the North Carolina Eastern Municipal Power Agency (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.

Construction of the Shearon Harris Nuclear Power Plant, Unit 1, (the facility) has been substantially completed in conformity with Construction Permit No.

CPPR-158 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C.

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 analysis 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 facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D.

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);

E.

There is reasonable assurance: (i) that the activities authorized by this 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 (except as exempted from compliance in Section 2.D. below);

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

Renewed License No. NPF-63

I Duke Energy Progress, Inc.

I F.

r......

P-F-

ht

-.. p--.'

is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; G.

The licensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H.

The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public;

1.

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-63, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; J.

The receipt, possession and use of source, byproduct and special nuclear material as authorized by this 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 Board dated February 20, 1985, August 20, 1985, December 11, 1985, and April 28, 1986, regarding this facility and pursuant to approval by the Nuclear Regulatory Commission at a meeting on January 8, 1987, Facility Operating License No. NPF-63, which supersedes the license for fuel loading and low power test*g. License No. NP-3 issued on October 24, 1986, is hereby issued to the Ra Pew F & 6g

d the North Carolina Eastern Municipal Power Agency (the licensees) as follows:

Duke Energy Progress, Inc.

A.

This license applies to the Shearon Harris Nuclear Power Plant, Unit 1, a pressurized water reactor and associated equipment (the facility) owned by the North Carolina Eastern Municipal Power Agency and thel'clP' cr M

Lff hk and operated by the i8er, P'

t The facility located on the licensees' site in Wake and Chatham,ounties, Morth Carolina approximatel 16 miles southwest of the nearest bou idary of Raleigh, and is described in R'

Final Safety Analysis Repo as supplement and amended, and in its Environmental Report, as suppleme ted and amen d;

its Duke Energy Progress, Inc.

AS

.9 c,'.....

is authorized to act for the North Carolina Eastern Municipal Power Agency, and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Renewed License No. NPF-63

I Duke Energy Progress, Inc. B.

Subject to the conditions and requirements incorporated hem, the Commission hereby licenses:

(1)

Pursuant to Section 103 of the Act and 10 CFR Part 50, Pe;i;-- Pe 1&,

G a

,-.......to possess, use, and operate the facility at the designated location in Wake and Chatham Counties, North Carolina, in accordance with the procedures and limitations set forth in this license (2)

Pursuant to the Act and 10 CFR Part 50, North Carolina Eastern Municipal Power Agency to possess the facility at the designated lo tion in Wake and Chatham Counties, North Carolina, in accordance wit the procedures and limitations set forth in the license; (3)

Pursuant to the Act and 10 CFR Part 70,.

&,"I to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage an amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4)

Pursuant to the Act and 10 CFR Parts 30, 40, and 70, CArolna* Pwor &l 61Gto receive, possess, and use at any time any byproduct, source and special nuclear material such 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)

Pursuant to Act and 10 CFR Parts 30, 40, and 70,1CaroliRa Pewcr &

,-ftlto 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)

Pursuant to the Act and 10 CFR Parts 30, 40, and 70,iC-rolna,

&or Light Gemp.. to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility authorized herein; (7)

Pursuant to the Act and 10 CFR Parts 30 and 40, Car.lina Poa::ar!. Lgh2

,,to receive, possess and process for release or transfer to the Shearon Harris site such byproduct material as may be produced by the Shearon Harris Energy and Environmental Center; (8)

Pursuant to the Act and 10 CFR Parts 30, 40, and 70,,G-,--^'-.

g to receive and possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the Brunswick Steam Electric Plant, Units 1 and 2, and H. B. Robinson Steam Electric Plant, Unit 2.

Renewed License No. NPF-63 C.

This 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 s p e c i f i e d o r i n c o r p o r a t e d b e l o w.

D u k e_ E n e r g y_ P r o g r e s s,

_In c.

(1)

Maximum Power Level DukeEnergyProgress,Inc.

ICOrI-.a Po2GW.

& Light Co.....' )s authorized to operate the facility at reactor core power levels not in excess of 2948 megawatts thermal (100 percent rated core power) in accordance with the conditions specified herein.

(2)

Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 141 are hereby incorporated into this license. IC-are-linaPwer &120ht-L,....

.shall operate the facility in accordance with the TeChnical Specificatior and the Environmental Protection Plan.

\\

Duke Energy Progress, Inc.

(3)

Antitrust Conditions IP...,,

e F &

ig,,ht r,

J.shall comply with the antitrust GM c

o Ia Anppendix C to this license.

(4)

Initial Startup Test Program (Section 14)'

Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.

(5)

Steam Generator Tube Rupture (Section Prior to startu p fe first refueling outag Carolina Power & Light Company all submit for NRC review and re ive approval if a steam generator tube rupture analysis, includinge assumed operator actions, which demonstrates that the conseque s of the design basis steam generator tube rupture event for the earon Harris Nuclear Power Plant are less than the acceptance cri a specified in the Standard Review Plan, NUREG-0800, at 15.6.

ubparts 11(1) and (2) for calculated doses from radiological r ses. In preparing their analysis Carolina Power & Light Company will not assume that operators will complete corrective actions within the first thirty minutes after a steam generator tube rupture.

¶ The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.

On April 29, 2013, the name "Carolina Power & Light Renewed License No. NPF-63 Company" (CP&L) was changed to "Duke Energy Progress, Inc."

Amendment No. 44 I

(6)

ýarolina Power & Light shall submit the final surveys prior to startup following the first reft (7)

Safety Parameter Displav System (Se " n 18.2.1) lCarolina Power & Light Company shall submit to the NRC for review prio to startup following the first refueling:

(a)

The final Validation Test Report, (b)

The resolution of additional human engineering deficiencies identified on the safety parameter display system.

(8)

Deleted (9)

Formal Federal Emergency Management Agency Finding In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's final rule, 44 CFR Part 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provisions of 10 CFR Section 50.54(s)(2) will apply.

(10)

Fresh Fuel Storage The following criteria apply to the storage and handling of new fuel assemblies in the Fuel Handling Building:

(a)

The minimum edge-to-edge distance between a new fuel assembly outside its shipping container or storage rack and all other new fuel assemblies shall be at least 12 inches.

(b)

New fuel assemblies shall be stored in such a manner that water would drain freely from the assemblies in the event of flooding and subsequent draining of the fuel storage area.

r

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

Renewed License No. NPF-63

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY (11)

Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a)

Fire fighting response strategy with the following elements:

1.

Pre-defined coordinated fire response strategy and guidance

2.

Assessment of mutual aid fire fighting assets

3.

Designated staging areas for equipment and materials

4.

Command and control

5.

Training of response personnel (b)

Operations to mitigate fuel damage considering the following:

1.

Protection and use of personnel assets

2.

Communications

3.

Minimizing fire spread

4.

Procedures for implementing integrated fire response strategy

5.

Identification of readily-available pre-staged equipment

6.

Training on integrated fire response strategy

7.

Spent fuel pool mitigation measures (c)

Actions to minimize release to include consideration of:

1.

Water spray scrubbing

2.

Dose to onsite responders (12)

Control Room Habitability Upon implementation of Amendment No. 128 adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage as required by Surveillance Requirement (SR) 4.7.6.g, in accordance with TS 6.8.4.o.3(i), the assessment of CRE habitability as required by TS 6.8.4.o.3(ii) and the measurement of CRE pressure as required by TS 6.8.4.o.4, shall be considered met. Following implementation:

a)

The first performance of SR 4.7.6.g, in accordance with Specification 6.8.4.o.3(i), shall be within the specified Frequency of 6 years, plus the 18-month allowance of SR 4.0.2, as measured from March 5, 2004, the date of the most recent successful tracer gas test, or within the next 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

Renewed License No. NPF-63 Amendment No. 12 8

NO CHANGES TO THIS PAGE SNO CHANGES TO THIS PAGEI PROVIDED FOR INFORMATION ONLY J b)

The first performance of the periodic assessment of CRE habitability, Specification 6.8.4.o.3(ii), shall be within 3 years, plus the 9-month allowance of SR 4.0.2, as measured from March 5, 2004, the date of the most recent successful tracer gas test, or within the next 9 months if the time period since the most recent successful tracer gas test is greater than 3 years.

c)

The first performance of the periodic measurement of CRE pressure, Specification 6.8.4.o.4, shall be within 18 months plus 138 days allowed by SR 4.0.2 as measured from October 13, 2006, the date of the most recent successful pressure measurement test.

D.

Exemptions The facility requires an exemption from Appendix E,Section IV.F. 1, which requires that a full participation exercise be conducted within one year before the issuance of a license for full power operation. This exemption is authorized by law and will not endanger life or property or the common defense and security, and certain special circumstances are present. This exemption is, therefore, hereby granted pursuant to 10 CFR 50.12 as follows:

Shearon Harris Nuclear Power Plant, Unit 1, is exempt from the requirement of 10 CFR Part 50, Appendix E, Section IV.F.1 for the conduct of an offsite full participation exercise within one year before the issuance of the first operating license for full power and prior to operation above 5 percent of rated power, provided that a full participation exercise is conducted before or during March 1987.

The facility is granted an exemption from Paragraph III.D.2(b)(ii) of Appendix J to 10 CFR Part 50 (see SER Section 6.2.6). This exemption is authorized by law and will not endanger life or property or the common defense and security, and certain special circumstances are present. In addition, the facility was previously granted an exemption from the criticality alarm requirements of paragraph 70.24 of 10 CFR Part 70 insofar as this section applies to this license. (See Ucense Number SNM-1939 dated October 28, 1985, which granted this exemption).

Renewed Ucense No. NPF-63 Amendment No. 1 28 E.

Physical and Cyber Security The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled:

"Guard Training and Qualification Plan" submitted by letter dated October 19, 2004, "Physical Security Plan" and "Safeguards Contingency Plan" submitted by letter dated October 19, 2004 as supplemented by letter dated May 16, 2006.

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee's CSP was approved by License Amendment No. 136, as supplemented by a change approved by License Amendment No. 140.

I F.

Fire Protection Program Duke Energy Progress, Inc.

ein.

W._ -& -.=,..-' a_;, ;

-,,..shall implement and maintain in effect all provisions of me approved Tire prOWecrIon program that comply with 10 CFR 50.48(a) and 10 CFR 50.48(c), as specified in the revised license amendment request dated October 9, 2009, supplemented by letters dated February 4, 2010, and April 5, 2010, and approved in the associated safety evaluation dated June 28, 2010. Except where NRC approval for changes or deviations is required by 10 CFR 50.48(c) and NFPA 805, and provided no other regulation, technical specification, license condition or requirement would require prior NRC approval, the licensee may make changes to the fire protection program without prior approval of the Commission if those changes satisfy the provisions set forth in 10 CFR 50.48(a) and 10 CFR 50.48(c), the change does not require a change to a technical specification or a license condition, and the criteria listed below are satisfied.

(1) Risk-Informed Changes that May Be Made Without Prior NRC Aporoval A risk assessment of the change must demonstrate that the acceptance criteria below are met. The risk assessment approach, methods, and data shall be acceptable to the NRC and shall be appropriate for the nature and scope of the change being evaluated; be based on the as-built, as-operated and maintained plant; and reflect the operating experience at the plant. Acceptable methods to assess the risk of the proposed change may include methods that have been used in the peer-reviewed Fire PRA model, methods that have been approved by the NRC via a plant-specific license amendment or through NRC approval of generic methods specifically for use in NFPA 805 risk assessments, or methods that have been demonstrated to bound the risk impact.

Renewed License No. NPF-63 Amendment No. 440 I

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY

- 8a -

(a) Prior NRC review and approval is not required for changes that clearly result in a decrease in risk. The proposed change must also be consistent with the defense-in-depth philosophy and must maintain sufficient safety margins. The change may be implemented following completion of the plant change evaluation.

Renewed License No. NPF-63 Amendment No. 136 I

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY (b)

Prior NRC review and approval is not required for individual changes that result in a risk increase less than 1x1OE-7 per year (/yr) for CDF and less than l1i OE-8/yr for LERF. The proposed change must also be consistent with the defense-in-depth philosophy and must maintain sufficient safety margins. The change may be implemented following completion of the plant change evaluation.

(2)

Other Criteria for Changes that May Be Made to the NFPA 805 Fire Protection Program Without Prior NRC Approval (a)

Changes to NFPA 805 Chapter 3, Fundamental Fire Protection Program Elements and Design Requirements Prior NRC review and approval is not required for changes to the NFPA 805 Chapter 3 fundamental fire protection program elements and design requirements for which an engineering evaluation demonstrates that the alternative to the Chapter 3 element is functionally equivalent or adequate for the hazard.

The licensee may use an engineering evaluation to demonstrate that a change to an NFPA 805 Chapter 3 element is functionally equivalent to the corresponding technical requirement. A qualified fire protection engineer shall perform the engineering evaluation and conclude that the change has not affected the functionality of the component, system, procedure, or physical arrangement, using a relevant technical requirement or standard.

The licensee may use an engineering evaluation to demonstrate that changes to certain NFPA 805 Chapter 3 elements are acceptable because the alternative is "adequate for the hazard."

Prior NRC review and approval would not be required for alternatives to four specific sections of NFPA 805 Chapter 3, for which an engineering evaluation demonstrates that the alternative to the Chapter 3 element is adequate for the hazard. A qualified fire protection engineer shall perform the engineering evaluation and conclude that the change has not affected the functionality of the component, system, procedure, or physical arrangement, using a relevant technical requirement or standard.

The four specific sections of NFPA 805 Chapter 3 are as follows:

Fire Alarm and Detection Systems (Section 3.8);

Automatic and Manual Water-Based Fire Suppression Systems (Section 3.9);

Gaseous Fire Suppression Systems (Section 3.10); and Passive Fire Protection Features (Section 3.11).

Renewed License No. NPF-63 Amendment No. 133

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY This License Condition does not apply to any demonstration of equivalency under Section 1.7 of NFPA 805.

(b)

Fire Protection Program Changes that Have No More than Minimal Risk Impact Prior NRC review and approval is not required for changes to the licensee's fire protection program that have been demonstrated to have no more than a minimal risk impact. The licensee may use its screening process, as approved in the NRC safety evaluation dated June 28, 2010, to determine that certain fire protection program changes meet the minimal risk criterion. The licensee shall in all cases ensure that fire protection defense-in-depth and safety margins are maintained when changes are made to the fire protection program.

(c)

Unless License Condition F.(2)(b) is met, risk-informed changes to the licensee's fire protection program which involve fire areas that credit incipient detection may not be made without prior NRC review and approval until the Harris Fire PRA model has been modified to incorporate an NRC-accepted method for modeling incipient detection.

(3)

Transition License Conditions (a)

Before achieving full compliance with 10 CFR 50.48(c), as specified by Transition License Condition F.(3)(b), risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in License Condition F.(2)(b) above.

(b)

The licensee shall implement the following modifications to its facility in order to complete the transition to full compliance with 10 CFR 50.48(c) by December 31, 2010 (note that each modification is listed by Engineering Change (EC) Number, as described in Attachment S of the Shearon Harris NFPA 805 License Amendment Request Transition Report, and outlined in Table 2.8.1-2 of the associated NRC safety evaluation):

EC 62343 0

EC 69501 EC 62820 0

EC 69764 EC 68645 0

EC 69765 EC 68646 0

EC 70027 EC 68648 0

EC 70350 EC 68658 0

EC 70895 EC 68769 0

EC 71147 Renewed License No. NPF-63 Amendment No. 133 (c)

The licensee shall maintain appropriate compensatory measures in place until completion of the modifications delineated above.

G.

Reportincq to the Commission I Duke Energy Progress, Inc.

Except as otherwise provided in the Technical S cations or Environmental Protection Plan, Pcwcr&

W9141 G shall report any violations of the requirements contained in Section 2.C of this 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).

H.

The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 17 the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I The Updated Safety Analysis Report supplement, as revised, submitt rpursuant*

to 10 CFR 54.21(d), shall be included in the next scheduled updat et the L__

Updated Safety Analysis Report required by 10 CFR 50.71 (e)(4 Rollowing the issuance of this renewed operating license. Until that updat s complete, CP&L may make changes to the programs and activities desc

'd in the supplement without prior Commission approval, provided that CP&L *valuates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

Duke Energy Progress, Inc.

J.

The Updated Safety Analysis Report s lement, as revised, describes certain future activities to be completed p~ to the period of extended operation.

;

i

P w o r L i,h t c m p,n* s h a ll c o m p le te th e s e a c tiv itie s n o la te r th a n October 24, 2026, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection.

K.

All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of American Society for Testing and Materials E 185-82 to the extent practicable for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation.

All capsules placed in storage must be maintained for future inspection. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

Renewed License No. NPF-63 Amendment No.

3

NO CHANGES TO THIS PAGE PROVIDED FOR INFORMATION ONLY L.

This license is effective as of the date of issuance and shall expire at midnight on October 24, 2046.

FOR THE NUCLEAR REGULATORY COMMISSION IRA/

Eric J. Leeds, Director Office of Nuclear Reactor Regulation Attachments/Appendices:

1. Attachment 1 - TDI Diesel Engine Requirements

2. Appendix A - Technical Specifications

3. Appendix B - Environmental Protection Plan

4. Appendix C - Antitrust Conditions Date of Issuance: December 17, 2008 Renewed License No. NPF-63 Amendment No. 133

iA~.

~

d~*

~

-~ ~

~

LICENSE AUTHORITY FILE COPIV DO NOT REMOVE K-,

APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-63 SHEARON HARRIS NUCLEAR POWER PLANT UNIT I K-,

DOCKET NO. 50-400 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL)

JANUARY 1987

LICENSE AUTHORITY FILE-COP),

Lt) LQa~YTyE License No. NPF-63 APPENDIX C N

TIT :Z7.

s Dke Energy Progress, Inc.

The licensee,/II.-!n Powep & L9 s subject to the following antitrust con Commitment No. I Licensee recognizes that it is generally in the public interest for electric utilities to interconnect, coordinate reserves, and engage in bulk power supply transactions, in order to increase electric system reliability and reduce the costs of electric power.

Bulk power supply arrangements should be such as to provide benefits, on balance, each to licensee and to other participant(s),

respectively.

The benefits to participants in such arrangements need not be equal and the benefits realized by a small system may be proportionately greater than those realized by a larger system.

In implementing the commitments which it makes in the succeeding paragraphs, licensee will act in accordance with the foregning principles.

Explanatory Note*

(al Neither licensee nor any other participant shall be obligated to enter into such arrangements (1) if to do so would violate, incapacitate; or limit its ability to perform any other existing contractual arrangement, or (2) to do so would adversely affect its system operations or the reliability of power supply to its customers, or (3) if to do so would Jeopardize the licensee's ability to finance or construct on reasonable terms facilities needed to meet its own anticipated system requirements.

Commitment No. 2 Licensee will interconnect with and coordinate reserves by means of the sale and exchange of emergency bulk power with any entity or entities in its service area** engaging in or proposing to engage in electric bulk power supply on terms that will provide for licensee's costs (including a reasonable return) in connection therewith; and allow the other participant t si, as well as licensee, full access on a proportionate basis to the benefits of reserve coordination.

("Proportionate basis" refers to the equalized percentage of reserves concept rather than the largest single-unit concept, unless all participants otherwise agreel.

In order to clarify the commitments, certain explanatory notes have been added.

- The use of the term "service area" as found in this commitment or in any other section of the commitments is Intended to describe those areas in North Carolina and South Carolina where licensee provides some class of electric service, but in no way indicates an assignment or allocation of wholesale market areas.

ME MM

- - 7. 1, WrW V.

I P.

1 0. W 0

BSEP 13-0013 Facility Operating License Mark-ups -

H. B. Robinson Steam Electric Plant, Unit No. 2

DUKE ENERGY PROGRESS, INC.

BARlOLINA rowin & L:18 IT-CoMrAN':

DOCKET NO. 50-261 H. B. ROBINSON STEAM ELECTRIC PLANT UNIT NO.2 RENEWED FACILITY OPERATING LICENSE NO. DPR-23 The U.S. Nuclea Regulatory Commission (the Commission) having previously made the findings set forth I License No. DPR-23 Issued July 31, 1970, has now found that

a.

The app tion to renew Ucense No. DPR-23 filed by Carolina Power & Ught Company (the licensee) 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 Title 10 Code of Federal Regulations (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 license will continue to be conducted In accordance with the current licensing basis, as defined in 10 CFR 54.3, for H. B. Robinson Steam Electric Plant. Unit No. 2, 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 rules and regulations of the Commission;

d.

There is reasonable assurance (1(a) that initial fuel loading can be conducted in accordance with this license without endangering the health and safety of the public, (i)(b) that upon completion of the Hot Laboratory and Installation and testing of the secondary system as described In the applicant's letter dated July 16. 1970, and as noted in subparagraph 3.A., the facility can be operated at steady state power levels up to 5 megawatts thermal in accordance with this license without endangering the health and safety of the public, and (1)(c) that, upon satisfactory completion of the seismic analysis of Class I piping and equipment and upon satisfactory completion of all the Items described in the applicant's letter dated July 16, 1970, except the auxiliary safety device on the crane for handling a spent fuel cask which will be installed prior to handling irradiated fuel with the cask, the facility can be operated at steady state power levels up to 2339 megawatts thermal in accordance with this renewed license without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the regulations of the Commission;

On April 29, 2013, the name "Carolina Power Renewed Facility Operating License No. DPR-23 and Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

e.

The applicant is technically and financially qualified to engage in the activities authorized by this renewed license In accordance with the rules and regulations of the Commission;

f.

The applicant has furnished proof of financial protection to satisfy the requirements of 10 CFR Part 140;

g.

The issuance of this renewed license will not be Inimical to the common defense and security or to the health and safety of the public; and

h.

After weighing the environmental, economic, technical, and other benefits of the facility against environmental costs and considering available alternatives, the Commission concludes that the Issuance of Renewed Operating Ucense No.

DPR-23 Is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

On the basis of the forgoing findings regarding this facility, Facility Operating License DPR-23, Issued July 31, 1970, Is superseded by Renewed Facility Operating Lic No.

DPR-23, which is hereby issued to the Carolina Power & Ught Company (CP&L), to read as follows:

1.

This renewed license applies to the H. B. Robinson Steam Electric Plant, Unit No. 2 nuclear facility, a closed cycle, pressurized, light water moderated and cooled reactor, and associated steam generators and electric generating equipment (the facility). The facility Is located on the applicant's H. B. Robinson site, Darlington County, about 4.5 miles west northwest of Hartsville, South Carolina, and Is described In the "Final Facility Description and Safety Analysis Report," as amended (Amendment Nos. 8 through 21), and in the reports filed with the applicant's letters dated June 5, 1970 and July 1, 1970.

2.

Subject to the conditions and requirements Incorporated herein, the Commission hereby licenses (CP&L)

A. Pursuant to Section 104b of the Atomic Energy Act of 1954, as amended (the Act), and 10 CFR Part 50, "Ucensing of Production and Utilization Facilities," to possess, use, and operate the facility as a utilization at the designated location on the H. B. Robinson site In Darlington County, South Carolina In accordance with the procedures and limitations set forth In this renewed license; B.

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; C.

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 Renewed Facility Operating License No. DPR-23

On April 29, 2013, the name Carolina Power and Light Company (CP&L) was changed to Duke Energy Progress, Inc.

INO CHANGES THIS PAGE neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; D.

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 and equipment calibration or associated with radioactive apparatus or components; E.

Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by operation of the facility.

3.

This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations: 10 CFR Part 20, Section 30.34 of 10 CFR Part 30, Section 40.41 of 10 CFR Part 40, Section 50.54 and 50.59 of 10 CFR Part 50, and Section 70.32 of 10 CFR Part 70; 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:

A.

Maximum Power Level The licensee is authorized to operate the facility at a steady state reactor core power level not in excess of 2339 megawatts thermal.

B.

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 232 are hereby incorporated in the license.

The licensee shall operate the facility in accordance with the Technical Specifications.

(1)

For Surveillance Requirements (SRs) that are new in Amendment 176 to Final Operating License DPR-23, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 176. For SRs that existed prior to Amendment 176, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment 176.

Renewed Facility Operating License No. DPR-23 Amendment No. 232 C.

Reports Ca*rli-a,'*r.;

& Light Ccmpan, shall e

rtain reports in accor ance with the requirements of the Technical Specifi o

D.

Records C*relin. Pr,'z & Light Cmp-ny sm 1 keep facility operating records in accordance with the requirement f the Technical Specifications.

E.

Fire Protection Proaram Carolina Po.... &.o.Mp.';

shall implement and maintain in effect all provis ns of the approved Fire Protection Program as described in the Updated Final Saf ty Analysis Report for the facility and as approved in the Fire Protection Safety Evaluation Report dated February 28, 1978, and supplements thereto..GareliR,-

P....r. & Li.

C..mp..y 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.

F.

Physical Protection and Cyber Security The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "H. B. Robinson Steam Electric Plant Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0" submitted by letter dated October 1, 2004, as supplemented by letter dated October 20, 2004.

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee's CSP was approved by License Amendment No. 226, as supplemented by a change approved by License Amendment No. 230.

G.

The following programs shall be implemented and maintained by the licensee:

(1) DELETED Renewed License No. DPR-23 Amendment No. 2 (2)

DELETED (3) kpAidgaM to dem tnethe airborne iodine concentration in vital areas under accident conditions. This program shall include: training of personnel, procedures for monitoring, and provisions for maintenance of sampling and analysis equipment.

(4)

DELETED.

H. DELETED I.

DELETED J.

DELETED K. Uodated Final Safety Analysis Recort The Carolina Power & Light Compa pdated Final Safety Analysis Report supplement, submitted pursue 10 CFR 54.21(d), describes certain future activities to be completed to the period of extended operation. The Carolina Power & Light Company I1 complete these activities no later than July 31, 2010, 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, shall be included in the next scheduled update to the Updated Final Safety Analysis Report required by 10 CFR 50.71(eX4) following issuance of this renewed license. Until that update is complete, the Carolina Power & Light Company may make changes to the programs and activities described in the supplement witho'T-prior Commission approval, provided that the Carolina Power & Light Company evakl!te easch such-change-pursuant-to the criterla-set-forth-in-10 CFR 50.59 and otherwise complies with the requirements in that section.

On April 29, 2013, the name "Carolina Power Renewed Facility Operating License No. DPR-23

& Light Company" (CP&L) was changed to "Duke Amendment No. 218 Energy Progress, Inc."

INO CHANGES THIS PAGE I L.

Reactor Vessel Surveillance All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of ASTM E 185-82 to the extent practicable for the configuration of the specimens in the capsule.

Any changes to the capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation. All capsules placed in storage must be maintained for future insertion. Any changes to storage requirements must be approved by the NRC.

M.

Mitigation Strategy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(1)

Fire fighting response strategy with the following elements:

a.

Pre-defined coordinated fire response strategy and guidance

b.

Assessment of mutual aid fire fighting assets

c.

Designated staging areas for equipment and materials

d.

Command and control

e.

Training of response personnel (2)

Operations to mitigate fuel damage considering the following:

a.

Protection and use of personnel assets

b.

Communications

c.

Minimizing fire spread

d.

Procedures for implementing integrated fire response strategy

e.

Identification of readily-available pre-staged equipment

f.

Training on integrated fire response strategy

g.

Spent fuel pool mitigation measures (3)

Actions to minimize release to include consideration of:

a.

Water spray scrubbing

b.

Dose to onsite responders Renewed Facility Operating License No. DPR-23 Revised by letter dated June 27, 2007

IDuke Energy Progress, Inc.

4.

Additional Conditions The Additional Conditions contained in Appendix B, as ree through Amendment No. 200, are hereby incorporated into this license. CaroGina Pw-cr &

Light

,ompany shall operate the facility in accordance with the additional conditions.

5.

This renewed license is effective as of the date of issuance and shall expire at midnight on July 31, 2030.

FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY J. E. DYER J. E. Dyer, Director Office of Nuclear Reactor Regulation Attachments: 1. Appendix A - Technical Specifications

2. Appendix B - Additional Conditions Date of Issuance: April 19, 2004 Renewed Facility Operating License No. DPR-23 Revised by letter dated Jume 27, 2007 I

AUTHOR" IYL LE tOPY,

.r.

APPENDIX A TO THE FACILITY OPERATING LICENSE DPR-23 TECHNICAL SPECIFICATIONS FOR H. B. ROBINSON STEAM ELECTRIC PLANT UNIT NO. 2 GAR6NIA PG W & LIGHTGGPEl r

PrA DUKE ENERGY PROGRESýS, IN:C.

DARLINGTON COUNTY. S.C.

DOCKET NO. 50-261 HBRSEP Unit No. 2 i

Amendment No. +7*

APPENDIX B ADDITIONAL CONDITIONS FACILITY OPERATING LICENSE NO. DPR-23 Cp uua n 1

,,ght eTpany (the term licensee in Appendix B refers to Carolia Power & Light C6opany) hall comply with the following conditions on the schedules noted bel Duke Energy Progress, Inc.

Amendment Number Additional Conditions Implementation Date 176 219 The licensee is authorized to relocate certain requirements included in Appendix A and the former Appendix B to-licensee-controlled documents.

Implementation of this amendment shall include the relocation of these requirements to the appropriate documents, as described in the licensee's letters dated September 10, 1997. and October 13, 1997. evaluated in the NRC staff's Safety Evaluation enclosed with this amendment.

Upon implementation of the amendment adopting TSTF-448. Revision.3, the determination of control room envelope (CRE) unfiltered air inleakage as required by TS 5.5.17.c.(i), the assessment of CRE habitability as required by TS 5.5.17.c.(ii). and the measurement of CRE pressure as required by TS 5.5.17.d. shall be considered met.

Following implementation:

(a)

The first performance of TS 5.5.17.c.(i), shall be within the specified Frequency of 6 years, plus the 18-month allowance of SR 3.0.2, as measured from January 27,2003, the This amendment is effective immediately and shall be implemented within 90 days of the date of this amendment.

This amendment is effective immediately and shall be implemented as specified.

HBRSEP Unit No. 2 1

Amendment No.-M

v t e Letter Sequence Request
TAC:MF1467, Control Room Habitability (Approved, Closed) TAC:MF1463, Control Room Habitability (Approved, Closed)
Initiation Request, Request Acceptance Administration Questions Answers Results Approval, Approval Other:
MONTHYEAR2013-05-22 [Table View]

BSEP 13-0013, License Amendment Request to Facility Operating Licenses for Change of Licensee Name

Text

Subject:

Enclosures:

Subject:

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