ML060320160

Appendix B - Additional Conditions Operating License No. DPR-49

ML060320160
Person / Time
Site:	Duane Arnold
Issue date:	01/27/2006
From:	NRC/NRR/DLPM/LPD3
To:
spaulding D, NRR/DORL, 415-2928
Shared Package
ML060260362	List: ML060260357 ML060300158 ML060320160
References
TAC MC9610
Download: ML060320160 (2)

Text

APPENDIX B ADDITIONAL CONDITIONS OPERATING LICENSE NO. DPR-49 FPL Energy Duane Amold, LLC (the term licensee in Appendix B refers to FPL Energy Duane Arnold, LU-C) shall comply with the following conditions on the schedule noted below:

I Amendment Number Additional Conditions Implementation Date 223 FPL Energy Duane Amold, LLC is This amendment is I authorized to relocate certain effective immediately requirements included in Appendix and shall be implemented A to licensee-controlled documents. within 180 days of the date Implementation of this amendment of this amendment.

shall include the relocation of these requirements to the appropriate documents, as described in 'the licensee's application dated October 30, 1996, as supplemented and consolidated in its March 31, 1998, submittal. These relocations were evaluated in the NRC staffs Safety Evaluation enclosed with this amendment.

(1) At the time of the closing of the transfer This amendment is of the license from Interstate Power and effective immediately Light Company (IPL) to FPLE Duane and shall be implemented Arnold, IPL shall transfer to FPLE Duane within 30 days of the date Arnold IPL's decommissioning funds of this amendment.

accumulated as of such time, with a aggregate minimum value of at least $186 million, and FPLE Duane Arnold shall deposit such funds in an external decommissioning trust fund established by FPLE Duane Amold for DAEC. FPLE Duane Amold shall take all necessary steps to ensure that this external trust fund is maintained in accordance with the requirements of the order approving the license transfer, NRC regulations, and consistent with the safety evaluation supporting the order. The trust agreement shall be in a form acceptable to the NRC.

Amendment No. 260

Amendment Number Additional Conditions Implementation Date (2) By the date of closing of the transfer This amendment is of the 70 percent ownership interest in effective immediately DAEC from IPL to FPLE Duane Arnold, and shall be implemented FPLE Duane Arnold shall obtain a parent within 30 days of the date company guarantee from FFPL Group of this amendment.

Capital in an initial amount of at least

$75 million (in 2005 dollars) to provide additional decommissioning funding assurance regarding such ownership interest, which guarantee must be in accordance with NRC regulations regarding such documents.

Required funding levels shall be recalculated annually and, as necessary, FPLE Duane Arnold shall either obtain appropriate adjustments to the parent guarantee or otherwise provide any additional decommissioning funding assurance necessary for FPLE Duane Arnold to meet NRC requirements under 10 CFR 50.75.

(3) FPLE Duane Arnold shall take no action to cause FPL Group Capital, or its successors and assigns, to void, cancel, or modify its $50 million contingency commitment to FPLE Duane Arnold, as represented in the license transfer application, or cause it to fail or perform or impair its performance under the commitment, or remove or interfere with FPLE Duane Arnold's ability to draw upon the commitment, without the prior written consent from the NRC. An executed copy of the Support Agreement shall be submitted to the NRC no later than 30 days after completion of the license transfer. Also, FPLE Duane Arnold shall inform the NRC in writing any time that it draws upon the $50 million commitment.

Amendment No. 260