ML060900180

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Indep. Spent Fuel Storage Installation, License Amendments Regarding Proposed Corporate Restructuring
ML060900180
Person / Time
Site: Oconee, Mcguire, Catawba, McGuire  Duke Energy icon.png
Issue date: 04/03/2006
From: Stang J
Plant Licensing Branch III-2
To: Barron H
Duke Energy Corp
stang J, NRR/DLPM, 415-1345
Shared Package
ML060900314 List:
References
TAC MC0707, TAC MC0709, TAC MC0710, TAC MC0711, TAC MC0712, TAC MC0713, TAC MD0708
Download: ML060900180 (34)


Text

April 3, 2006 Mr. Henry B. Barron Group Vice President, Nuclear Generation and Chief Nuclear Office Duke Energy Corporation P.O. Box 1006 - EC07H Charlotte, NC 28201-1006

SUBJECT:

ISSUANCE OF CONFORMING AMENDMENTS APPROVING APPLICATION REGARDING PROPOSED CORPORATE RESTRUCTURING FOR CATAWBA NUCLEAR STATION, UNITS 1 AND 2; MCGUIRE NUCLEAR STATION, UNITS 1 AND 2; AND OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3; AND OCONEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NOS. MD0707, MD0708, MD0709, MD0710, MD0711, MD0712, AND MD0713)

Dear Mr. Barron:

By letter dated August 5, 2005, as supplemented by letters dated November 28 and December 14, 2005, and February 6, 2006, Duke Energy Corporation requested approval of the indirect transfer of the Renewed Facility Operating Licenses for Catawba Nuclear Station, Units 1 and 2, McGuire Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2, and 3, and the Materials License for Oconee Independent Spent Fuel Storage Installation from Duke Energy Corporation to a new holding company, to be named Duke Energy Corporation, in connection with a proposed corporate restructuring and merger involving Cinergy Corporation.

On February 7, 2006, the Nuclear Regulatory Commission (NRC) issued an Order. The Order also approved conforming license amendments, to be issued at the time the transfer was completed. The Order was published in the Federal Register on February 14, 2006 (71 FR 7802).

By letter dated March 29, 2006, Duke Energy Corporation informed the NRC that the indirect transfers will occur on April 1, 2006. Proof that the required insurance in accordance with Title 10 of the Code of Federal Regulations, Part 140, Financial Protection Requirements and Indemnity Agreements, was provided by the American Nuclear Insurers letter dated March 28, 2006. The Duke Energy Corporation letter of March 29, 2006, satisfied the required conditions of the license.

Accordingly, the Commission has issued the enclosed Amendment No. 229 to Renewed Facility Operating License NPF-35, Amendment No. 225 to Renewed Facility Operating License NPF-52, Amendment No. 232 to Renewed Facility Operating License NPF-9, Amendment No. 214 to Renewed Facility Operating License NPF-17, Amendment No. 349 to Renewed Facility Operating License DPR-38, Amendment No. 351 to Renewed Facility Operating License DPR-47, Amendment No. 349 to Renewed Facility Operating License DPR-55, Amendment No. 8 to SNM-2503 for the Catawba Nuclear Station, Units 1 and 2, for the McGuire Nuclear Station, Units 1 and 2, for the Oconee Nuclear Station Units 1, 2 and 3, and the Oconee Independent Spent Fuel Storage Installation, respectively. The safety evaluation

H. Barron supporting the conforming amendments was attached to the above mentioned Order issued on February 7, 2006. contains two copies of each facilities amended Indemnity Agreement, which are required in connection with this transfer. Please keep these for your records.

Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely,

/RA/

John Stang, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369, 50-370, 50-269, 50-270, 50-287 and 72-004

Enclosures:

1. Conforming Amendment to NPF-35
2. Conforming Amendment to NPF-52
3. Conforming Amendment to NPF-9
4. Conforming Amendment to NPF-17
5. Conforming Amendment to DPR-38
6. Conforming Amendment to DPR-47
7. Conforming Amendment to DPR-55
8. Conforming Amendment to SNM-2503
9. Amendment No. 10 to Indemnity Agreement No. B-100 Amendment No. 11 to Indemnity Agreement No. B-83 Amendment No. 17 to Indemnity Agreement No. B-44 cc w/encls: See next page

H. Barron conforming amendments was attached to the above mentioned Order issued on February 7, 2006. contains two copies of each facilities amended Indemnity Agreement, which are required in connection with this transfer. Please keep these for your records.

Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely,

/RA/

John Stang, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369, 50-370, 50-269, 50-270, 50-287 and 72-004

Enclosures:

1. Conforming Amendment to NPF-35
2. Conforming Amendment to NPF-52
3. Conforming Amendment to NPF-9
4. Conforming Amendment to NPF-17
5. Conforming Amendment to DPR-38
6. Conforming Amendment to DPR-47
7. Conforming Amendment to DPR-55
8. Conforming Amendment to SNM-2503
9. Amendment No. 10 to Indemnity Agreement No. B-100 Amendment No. 11 to Indemnity Agreement No. B-83 Amendment No. 17 to Indemnity Agreement No. B-44 cc w/encls: See next page DISTRIBUTION:

SUttal Public RidsAcrsAcnwMailCenter LPL2-1 R/F BWetzel, EDO, RGN II RidsNrr(JDyer)

Rids SecyMailCenter RidsNrrDorlLplc(EMarinos)

AMcKeigney RidsNrrPMJStang(hard copy)

RidsRgn2MailCenter(MErnstes)

RidsNrrLAMOBrien(7 hard copies)

BSingal(DORL DPR)

RidsOgcRp SBurnell, OPA SHom GHill, OIS (14 hardcopies)

Package Accession No. ML060900314 Conforming Amendments Accession No. ML060900180 License Pages Accession No. ML060900248 Amendment to Indemnity No. ML061010159 ADM-012 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/LPL2-1/BC NMSS/SFPO/D NRR/DORL/D OGC NAME JStang:

MOBrien EMarinos WBrach CHaney SUttal DATE 3/30/06 3/31/06 3/31/06 3/31/06 03/30/06 3/31/06

H. Barron OFFICIAL RECORD COPY

DUKE ENERGY CORPORATION NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION SALUDA RIVER ELECTRIC COOPERATIVE, INC.

DOCKET NO. 50-413 CATAWBA NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 229 Renewed License No. NPF-35 1.

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

A.

The application for amendment to the Catawba Nuclear Station, Unit 1 (the facility) Renewed Facility Operating License No. NPF-35 filed by the Duke Energy Corporation, acting for itself, North Carolina Electric Membership Corporation and Saluda River Electric Cooperative, Inc. (licensees), dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. NPF-35 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. NPF-35 Date of Issuance: April 3, 2006

DUKE ENERGY CORPORATION NORTH CAROLINA MUNICIPAL POWER AGENCY NO. 1 PIEDMONT MUNICIPAL POWER AGENCY DOCKET NO. 50-414 CATAWBA NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 225 Renewed License No. NPF-52 1.

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

A.

The application for amendment to the Catawba Nuclear Station, Unit 2 (the facility) Renewed Facility Operating License No. NPF-52 filed by the Duke Energy Corporation, acting for itself, North Carolina Municipal Power Agency No. 1 and Piedmont Municipal Power Agency (licensees), dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. NPF-52 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. NPF-52 Date of Issuance: April 3, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 229 RENEWED FACILITY OPERATING LICENSE NO. NPF-35 DOCKET NO. 50-413 AND LICENSE AMENDMENT NO. 225 RENEWED FACILITY OPERATING LICENSE NO. NPF-52 DOCKET NO. 50-414 Replace the following pages of the Renewed Facility Operating Licenses with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Unit 1 Remove Insert 1 through 5 1 through 5 Appendix B, Page 1 Appendix B, Page 1 Unit 2 Remove Insert 1 through 5 1 through 5 Appendix B, Page 1 Appendix B, Page 1

DUKE ENERGY CORPORATION DOCKET NO. 50-369 MCGUIRE NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 232 Renewed License No. NPF-9 1.

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

A The application for amendment to the McGuire Nuclear Station, Unit 1 (the facility), Renewed Facility Operating License No. NPF-9 filed by the Duke Energy Corporation (licensee) dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. NPF-9 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. NPF-9 Date of Issuance: April 3, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 232 RENEWED FACILITY OPERATING LICENSE NO. NPF-9 DOCKET NO. 50-369 Replace the following pages of the Renewed Facility Operating Licenses with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert 1 through 4 1 through 4 Appendix B, Page 1 Appendix B, Page 1

DUKE ENERGY CORPORATION DOCKET NO. 50-370 MCGUIRE NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 214 Renewed License No. NPF-17

1. The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment to the McGuire Nuclear Station, Unit 2 (the facility), Renewed Facility Operating License No. NPF-17 filed by the Duke Energy Corporation (licensee) dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. NPF-17 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. NPF-17 Date of Issuance: April 3, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 214 RENEWED FACILITY OPERATING LICENSE NO. NPF-17 DOCKET NO. 50-370 Replace the following pages of the Renewed Facility Operating Licenses with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert 1 through 5 1 through 5 Appendix B, Page 1 Appendix B, Page 1

DUKE ENERGY CORPORATION DOCKET NO. 50-269 OCONEE NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 349 Renewed License No. DPR-38 1.

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

A.

The application for amendment to the Oconee Nuclear Station, Unit 1 (the facility) Renewed Facility Operating License No. DPR-38 filed by the Duke Energy Corporation (the licensee) dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. DPR-38 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-38 Date of Issuance: April 3, 2006

DUKE ENERGY CORPORATION DOCKET NO. 50-270 OCONEE NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 351 Renewed License No. DPR-47 1.

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

A.

The application for amendment to the Oconee Nuclear Station, Unit 2 (the facility) Renewed Facility Operating License No. DPR-47 filed by the Duke Energy Corporation (the licensee) dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. DPR-47 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-47 Date of Issuance: April 3, 2006

DUKE ENERGY CORPORATION DOCKET NO. 50-287 OCONEE NUCLEAR STATION, UNIT 3 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 349 Renewed License No. DPR-55 1.

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

A.

The application for amendment to the Oconee Nuclear Station, Unit 3 (the facility) Renewed Facility Operating License No. DPR-55 filed by the Duke Energy Corporation (the licensee) dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations as set forth in 10 CFR Chapter I; B.

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

There is reasonable assurance (i) that the activities authorized by this amendment 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; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, Renewed Facility Operating License No. DPR-55 is hereby amended as indicated in the attachment hereto.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to Renewed Facility Operating License No. DPR-55 Date of Issuance: April 3, 2006

ATTACHMENT TO LICENSE AMENDMENT NO. 349 RENEWED FACILITY OPERATING LICENSE NO. DPR-38 DOCKET NO. 50-269 AND TO LICENSE AMENDMENT NO. 351 RENEWED FACILITY OPERATING LICENSE NO. DPR-47 DOCKET NO. 50-270 AND TO LICENSE AMENDMENT NO. 349 RENEWED FACILITY OPERATING LICENSE NO. DPR-55 DOCKET NO. 50-287 Replace the following pages of the Renewed Facility Operating Licenses with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Unit 1 Remove Insert 1 through 3 1 through 3 7 through 8 7 through 8 Unit 2 Remove Insert 1 through 3 1 through 3 7 through 8 7 through 8 Unit 3 Remove Insert 1 through 3 1 through 3 7 through 8 7 through 8 DUKE ENERGY CORPORATION DOCKET NO. 72-4 OCONEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION AMENDMENT TO MATERIAL LICENSE Amendment No. 8 License No. SNM-2503 1.

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

A.

The amendment application dated August 5, 2005, as supplemented November 28 and December 14, 2005, and February 6, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions regulations set forth in 10 CFR Chapter I; B.

The Oconee ISFSI will continue to operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance that (i) the activities authorized by this amendment can be conducted without endangering public health and safety, and (ii) such activities will be conducted in compliance with the Commissions regulations; D.

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

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

B.

Accordingly, the license is amended by the enclosed changes to Materials License No. SNM-2503, indicated by margin notations.

C.

This license amendment is effective as of the date of the conversion of Duke Energy Corporation to Duke Power Company LLC and shall be implemented within 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION E. William Brach, Director Spent Fuel Project Office Office of Nuclear Materials Safety and Safeguards Attachments: Revised License Pages 1-2 Appendix A Cover Sheet and Page A-4 Appendix B Cover Sheet Appendix C Cover Sheet Date of License Amendment Issuance: April 3, 2006

APPENDIX A DUKE POWER COMPANY LLC l OCONEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION TECHNICAL SPECIFICATIONS FOR MATERIALS LICENSE SNM-2503 Amendment No. 8

5.

The Oconee Nuclear Station health physics procedures shall be reviewed and modified as required to include the ISFSI.

6.

The Oconee Nuclear Station Administrative Procedures shall be reviewed and modified as required to include the ISFSI.

7.

A procedure shall be developed for the documentation of the characterizations performed to select spent fuel to be stored in the canisters and modules. Such procedure shall include independent verification of fuel assembly selection by an individual other than the original individual making the selection.

8.

Written operating and abnormal/emergency procedures shall be prepared.

1.3 General License Conditions 1.3.1 Quality Assurance The design, construction, and operation of the ISFSI shall be accomplished in accordance with the U.S. Nuclear Regulatory Commission (NRC) Regulations specified in Title 10 of the U.S.

Code of Federal Regulations. All commitments to the applicable NRC Regulatory guides and to engineering and construction codes shall be carried out.

1.3.2 Fuel and Cask Handling Activities Fuel and TC movement and handling activities which are to be performed in the Oconee Nuclear Station Fuel Handling Building will be governed by the requirements of the Oconee Nuclear Station Facility Operating Licenses (DRP-38, -47 and -55) and associated Technical Specifications.

1.3.3 Administrative Controls The Oconee ISFSI is located on the Oconee Nuclear Station site and will be managed and operated by the Duke Power Company LLC staff. The administrative controls shall be in l accordance with the requirements of the Oconee Nuclear Station Facility Operating Licenses (DPR-38, -47 and -55) and associated Technical Specifications.

A-4

Amendment No. 8 APPENDIX B DUKE POWER COMPANY LLC l OCONEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION SAFEGUARDS LICENSE CONDITIONS MATERIALS LICENSE SNM-2503

Amendment No. 8 APPENDIX C DUKE POWER COMPANY LLC l OCONEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION TECHNICAL SPECIFICATIONS FOR ENVIRONMENTAL PROTECTION MATERIALS LICENSE SNM-2503

Amendment No. 8 NRC FORM 588 (10-2000) 10 CFR 72 U. S. NUCLEAR REGULATORY COMMISSION PAGE 1

OF 5

PAGES LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438), and Title 10, Code of Federal Regulations, Chapter 1, Part 72, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, and possess the power reactor spent fuel and other radioactive materials associated with spent fuel storage designated below; to use such material for the purpose(s) and at the place(s) designated below; and to deliver or transfer such material to persons authorized to receive it in accordance with the regulations of the applicable Part(s). This license shall be deemed to contain the conditions specified in Section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations, and orders of the Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified herein.

Licensee

1. Duke Power Company LLC 3.

License No.

SNM-2503 Amendment No.

8

2. 526 South Church Street P. O. Box 1006 Charlotte, North Carolina 28201-1006 4.

Expiration Date January 31, 2010 5.

Docket or Reference No.

72-4

6. Byproduct, Source, and/or Special Nuclear Material 7.

Chemical and/or Physical Form 8.

Maximum Amount That Licensee May Possess at Any One Time Under This License A.

Spent fuel assemblies from Oconee Nuclear Station Units 1, 2, and 3 reactor using natural water for cooling and enriched not greater than 4 percent U-235 and associated radioactive materials related to receipt, storage, and transfer of the fuel assemblies A.

As UO2 clad with zirconium or zirconium alloys A.

996.86 TeU of spent fuel assemblies 9.

Authorized Use:

The material identified in 6.A and 7.A above is authorized for receipt, possession, storage, and transfer.

For use in accordance with the conditions in this license and the attached Technical Specifications. The basis for this license was submitted in the Safety Analysis Report (SAR) dated March 31, 1988, as supplemented August 16, September 19, October 11, and November 23, 1988; February 7, April 11, May 9, June 5, and June 8, 1989; June 29, 1990; January 10, 1991; March 9, and November 16, 1993; January 19, 1998; July 10,

October 31 (2 letters), November 1 and 26, and December 10, 2001; August 5, November 28 and December 14, 2005, and February 6, 2006.

10.

Authorized Place of Use: The licensed material is to be received, possessed, transferred, and stored at the Oconee ISFSI located on the Oconee Nuclear Station site in Oconee County, South Carolina, as described in the Safety Analysis Report for the Oconee ISFSI.

11.

The Technical Specifications contained in Appendix A attached hereto are incorporated into the license. The licensee shall operate the installation in accordance with the Technical Specifications in Appendix A.

12.

The Safeguards License Condition contained in Appendix B attached hereto is hereby incorporated into the license. The licensee shall maintain a facility physical security program in accordance with this condition.

13.

The Technical Specifications for Environmental Protection contained in Appendix C attached hereto are incorporated into the license. The licensee shall operate the installation in accordance with the Technical Specifications in Appendix C.

14.

Pursuant to 10 CFR 72.7, the licensee is hereby exempted from the provisions of 10 CFR 72.122(i) with respect to providing instrumentation and control systems for the NUHOMS-24P dry shielded canister and horizontal storage module (DSC and HSM) during storage operations.

15.

This license is effective as of the date of issuance shown below.

FOR THE U.S. NUCLEAR REGULATORY COMMISSION E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Date of Issuance: January 29, 1990 Amendment No. 8, dated April 3, 2006 Attachments: Appendix A Cover Sheet and Page A-4 Appendix B Cover Sheet Appendix C Cover Sheet

Catawba Nuclear Station, Units 1 & 2 Page 1 of 2 McGuire Nuclear Station, Units 1 & 2 Oconee Nuclear Station, Units 1, 2, and 3 cc:

Mr. Randy Hart, Manager Regulatory Compliance Duke Energy Corporation Catawba Site 4800 Concord Road York, South Carolina 29745 Ms. Lisa F. Vaughn Duke Energy Corporation 526 South Church Street P. O. Box 1006 Mail Code = EC07H Charlotte, North Carolina 28201-1006 North Carolina Municipal Power Agency Number 1 1427 Meadowwood Boulevard P.O. Box 29513 Raleigh, North Carolina 27626 County Manager of York County York County Courthouse York, South Carolina 29745 Piedmont Municipal Power Agency 121 Village Drive Greer, South Carolina 29651 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602 NCEM REP Program Manager 4713 Mail Service Center Raleigh, North Carolina 27699-4713 North Carolina Electric Membership Corp.

P.O. Box 27306 Raleigh, North Carolina 27611 Senior Resident Inspector U.S. Nuclear Regulatory Commission 4830 Concord Road York, South Carolina 29745 Mr. Henry Porter, Assistant Director Division of Waste Management Bureau of Land and Waste Management Dept. of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. R.L. Gill, Jr., Manager Nuclear Regulatory Issues and Industry Affairs Duke Energy Corporation 526 South Church Street Mail Stop EC05P Charlotte, North Carolina 28202 Saluda River Electric P.O. Box 929 Laurens, South Carolina 29360 Mr. Peter R. Harden, IV, Vice President Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210 Mr. T. Richard Puryear Owners Group (NCEMC)

Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Division of Radiation Protection NC Dept. of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721

Catawba Nuclear Station, Units 1 & 2 Page 2 of 2 McGuire Nuclear Station, Units 1 & 2 Oconee Nuclear Station, Units 1, 2, and 3 cc:

Mr. Henry Barron Group Vice President, Nuclear Generation and Chief Nuclear Officer P.O. Box 1006-EC07H Charlotte, NC 28201-1006 County Manager of Mecklenburg County 720 E. Fourth St.

Charlotte, NC 28202 Mr. C. Jeffrey Thomas Regulatory Compliance Manager Duke Energy Corporation McGuire Nuclear Site 12700 Hagers Ferry Road Huntersville, NC 28078 Senior Resident Inspector c/o U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, NC 28078 Dr. John M. Barry Mecklenburg County Department of Environmental Protection 700 N. Tryon St Charlotte, NC 28202 Manager, LIS NUS Corporation 2650 McCormick Dr., 3rd Floor Clearwater, FL 34619-1035 Senior Resident Inspector U.S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, SC 29672 Mr. Michael A. Schoppman Framatome ANP 1911 North Ft. Myer Dr.

Suite 705 Rosslyn, VA 22209 Mr. B. G. Davenport Regulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672