ML033360385

Ltr, Withdrawal of Application for Amendment (Tac Nos. MB7865, MB7866, MB7869, MB7870, MB7873, and MB7874)

ML033360385
Person / Time
Site:	McGuire, Mcguire
Issue date:	12/02/2003
From:	Martin R NRC/NRR/DLPM/LPD2
To:	Tuckman M Duke Energy Corp
Martin R, NRR/DLPM, 415-1493
References
TAC MB7865, TAC MB7866, TAC MB7869, TAC MB7870, TAC MB7873, TAC MB7874
Download: ML033360385 (5)

Text

December 2, 2003 Mr. M. S. Tuckman Executive Vice President Duke Energy Corporation 526 South Church Street Charlotte, NC 28202

SUBJECT:

MCGUIRE NUCLEAR STATION, UNIT NOS. 1 AND 2 RE: WITHDRAWAL OF APPLICATION FOR AMENDMENT (TAC NOS. MB7865, MB7866, MB7869, MB7870, MB7873, AND MB7874)

Dear Mr. Tuckman:

By letter dated February 27, 2003, you applied for an amendment to the McGuire Nuclear Station, Units 1 and 2, Facility Operating License Nos. NPF-9 and NPF-17. The proposed change would have modified the facility technical specifications to allow the use of four mixed oxide (MOX) fuel lead test (LTA) assemblies at either the Catawba Nuclear Station (Catawba),

Units 1 and 2, or the McGuire Nuclear Station (McGuire), Units 1 and 2. Subsequently, by letter dated September 23, 2003, you indicated that you now intend to focus the MOX LTA program solely on Catawba. Your letter also amended the application dated February 27, 2003, to apply only to the use of MOX LTAs at the Catawba units and not the McGuire units. With the withdrawal of the LTA amendment request for McGuire, the Nuclear Regulatory Commission (NRC) staff is closing TACs MB7865 and MB7866. In addition, the NRC staff is closing McGuire TACs MB7873 and MB7874, and MB7869 and MB7870 associated with the exemption requests for MOX fuel composition requirements and the use of M5 fuel cladding, respectively.

The Commission has filed the enclosed Notice of Withdrawal of Application for Amendment with the Office of the Federal Register for publication.

Sincerely,

/RA/

Robert E. Martin, Senior Project Manager Project Directorate II-1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-369 and 50-370

Enclosure:

As stated cc w/encl: See next page

ML033360385 OFFICE PDII-1/PM PDII-1/LA PDII-1/SC NAME RMartin CHawes JNakoski DATE 12/02/03 12/02/03 12/02/03 7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE ENERGY CORPORATION DOCKET NO. 50-369 AND 50-370 NOTICE OF WITHDRAWAL OF APPLICATION FOR AMENDMENT TO FACILITY OPERATING LICENSE The U.S. Nuclear Regulatory Commission (NRC, the Commission) has granted the request of Duke Energy Corporation (the licensee) to withdraw its February 27, 2003, application for proposed amendment to Facility Operating License No. NPF-9 and NPF-17 for the McGuire Nuclear Station, Units 1 and 2, located in Mecklenburg County, North Carolina.

The proposed amendment would have revised the Technical Specifications to allow the use of four mixed oxide (MOX) fuel lead test (LTA) assemblies at either of the Catawba Nuclear Station, Units 1 and 2, (Catawba) or the McGuire Nuclear Station, Units 1 and 2.

The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the FEDERAL REGISTER on July 25, 2003 (68 FR 44107). However, by letter dated September 23, 2003, the licensee amended the application to apply only to the use of MOX LTAs at the Catawba units and not to the McGuire units. The NRC staff is treating this as a withdrawal of application for amendment dated February 27, 2003, for McGuire.

For further details with respect to this action, see the application for amendment dated February 27, 2003, and the licensees letter dated September 23, 2003, which is being treated as a withdrawal of application for amendment. Documents may be examined, and/or copied for a fee, at the NRCs Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management

Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams/html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by email to pdr@nrc.gov.

Dated at Rockville, Maryland, this 2nd day of December 2003.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Robert E. Martin, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

McGuire Nuclear Station cc:

Ms. Lisa F. Vaughn Ms. Karen E. Long Duke Energy Corporation Assistant Attorney General Mail Code - PB06E North Carolina Department of 422 South Church Street Justice P.O. Box 1244 P. O. Box 629 Charlotte, North Carolina 28201-1244 Raleigh, North Carolina 27602 County Manager of Michael T. Cash Mecklenburg County Manager - Nuclear Regulatory 720 East Fourth Street Licensing Charlotte, North Carolina 28202 Duke Energy Corporation 526 South Church Street Mr. C. Jeffrey Thomas Charlotte, North Carolina 28201-1006 Regulatory Compliance Manager Duke Energy Corporation NCEM REP Program Manager McGuire Nuclear Site 4713 Mail Service Center 12700 Hagers Ferry Road Raleigh, NC 27699-4713 Huntersville, North Carolina 28078 Mr. Richard M. Fry, Director Anne Cottingham, Esquire Division of Radiation Protection Winston and Strawn North Carolina Department of 1400 L Street, NW. Environment, Health and Natural Washington, DC 20005 Resources 3825 Barrett Drive Senior Resident Inspector Raleigh, North Carolina 27609-7721 c/o U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Mr. T. Richard Puryear Huntersville, North Carolina 28078 Owners Group (NCEMC)

Duke Energy Corporation Dr. John M. Barry 4800 Concord Road Mecklenburg County York, South Carolina 29745 Department of Environmental Protection 700 N. Tryon Street Charlotte, North Carolina 28202 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210