ML13192A198

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Closeout of Review Changes in Management
ML13192A198
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 09/12/2013
From: Lynnea Wilkins
Plant Licensing Branch IV
To: Cortopassi L
Omaha Public Power District
Wilkins L
References
TAC ME9577
Download: ML13192A198 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 12, 2013 Mr. Louis P. Cortopassi Site Vice President and Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station 9610 Power Lane, Mail Stop FC-2-4 Omaha, NE 68008

SUBJECT:

FORT CALHOUN STATION, UNIT NO.1 - CLOSEOUT OF REVIEW RE: CHANGES IN MANAGEMENT (TAC NO. ME9577)

Dear Mr. Cortopassi:

By letter dated September 10, 2012 (Agencywide Documents Access and Management System Accession No. ML12258A074), Omaha Public Power District (OPPD) submitted a letter outlining pertinent provisions of the Operating Services Agreement (OSA) Between Exelon Generation Company, LLC, and OPPD, dated August 17, 2012. The U.S. Nuclear Regulatory Commission (NRC) reviewed your submittal and requested that you provide the OSA in a January 8,2013, letter (ADAMS Accession No. ML12356A337). You provided the OSA in a letter dated March 1,2013 (ADAMS Accession No. ML13066A037).

NRC review and consent are necessary when a license for a nuclear power plant is to be transferred or assigned. The NRC staff has developed criteria for judging whether the use of a different or new nuclear power plant operating entity involves a transfer and requires NRC review and consent under Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR 50.80). The criteria are to be used in conjunction with the concept of final decision making authority: if an entity, for example, a service company, provides advice and personnel but does not have the authority to make a final decision (I.e., a decision that cannot be modified, overruled, or is not subject to reversal by the current licensee), there has been no transfer of authority. These criteria are further outlined in NRC Regulatory Issue Summary 2001-006, "Criteria for Triggering a Review under 10 CFR 50.80 for Non-owner Operator Service Companies," dated February 15, 2001 (ADAMS Accession No. ML010390294).

The NRC staff has reviewed the OSA between Exelon and OPPD which was provided by letter dated March 1, 2013, against the criteria of 10 CFR 50.80 and determined that no transfer of authority will occur.

Therefore, the staff is closing out Task Assignment Control (TAC) No. ME9577 associated with this review.

L. Cortopassi -2 If you have any questions, please contact me at 301-415-1377 or via e-mail at Iynnea. wilkins@nrc.gov.

Sincerely,

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Lynnea E. Wilkins, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 cc: Distribution via Listserv

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