3F0915-01, Supplement to Application for Order Approving Transfer of License and for Conforming License Amendment Pursuant to 10 CFR 50.80 and 10 CFR 50.90

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Supplement to Application for Order Approving Transfer of License and for Conforming License Amendment Pursuant to 10 CFR 50.80 and 10 CFR 50.90
ML15265A590
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 09/22/2015
From: Reising R
Duke Energy Florida, Duke Energy Florida
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
3F0915-01
Download: ML15265A590 (44)


Text

(~ DUKE ENERGY.

September 22, 2015 3F0915-01 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 Crystal R1ver Nudear Plant 15760 W. Power Line Street Crystal River. FL 34428 Docket 50-302 Operating License No. DPR-72 10 CFR 50.90

Subject:

Crystal River Unit 3 - Supplement to Application for Order Approving Transfer of License and for Conforming License Amendment Pursuant to 1 0 CFR 50.80 and 10 CFR 50.90

Reference:

CR-3 to NRC letter dated July 28, 2015, "Crystal River Unit 3 - Application for Order Approving Transfer of License and for Conforming License Amendment Pursuant to 10 CFR 50.80 and 10 CFR 50.90," (ADAMS Accession No. Ml 15216A123)

Dear Sir:

Pursuant to 10 CFR 50.90, Duke Energy Florida, Inc. (DEF) hereby provides supplement to Application for Order Approving Transfer of License and for Conforming License Amendment Pursuant to 10 CFR 50.80 and 10 CFR 50.90 to reflect the conversion and name change from Duke Energy Florida, Inc. to Duke Energy Florida, LLC. DEF further requests that the name change from Duke Energy Florida, Inc. to Duke Energy Florida, LLC occur concurrently with the license transfer from Seminole Electric Cooperative, Inc. minority co-owner in Crystal River Unit 3 (CR-3), to DEF. DEF previously requested that the license transfer be made effective on August 1, 2016.

As described in the enclosed supplement, Duke Energy Florida, LLC will continue to be an electric utility as defined by NRC regulations, and regulated by the Federal Energy Regulatory Commission and the Florida Public Service Commission. Duke Energy Florida, LLC will remain subject to cost-of-service ratemaking.

Duke Energy Florida, LLC will also continue to be responsible for the safe decommissioning of the nuclear unit. No physical changes to the unit will be made as a result of the licensee name conversion.

Nor will any changes to unit management or operating procedures be made as a result of the licensee name conversion.

The requested license amendment is administrative in nature and falls within the NRC's generic finding of no significant hazards considerations under 10 CFR 2.1315(a). The approval of the licensee name conversion and associated conforming license amendment are also categorically excluded from environmental review under 10 CFR 51.22(c)(10)(iii).

In the July 28, 2015 license transfer request and conforming license amendment (Reference),

DEF provided insurance information to supplement the license transfer. The liability insurance coverage policies and certificates currently maintained for the CR-3 facility by Duke Energy Florida, Inc. remain in effect under the new name of Duke Energy Florida, LLC.

There are no new regulatory commitments made within this submittal.

U. S. Nuclear Regulatory Commission 3F0915-01 Page 2 of2 DEF requests that the license transfer order, conforming license amendment and license name conversion amendment be issued concurrently by August 1, 2016.

If you have any questions regarding this submittal, please contact Mr. Mark Van Sicklen.

Licensing Lead, Nuclear Regulatory Affairs. at (352) 563-4795.

I declare under penalty of perjury that the foregoing is true and correct. Executed on September 22, 2015.

~ (2_&--

Ronald R. Reising, Senior Vice President Operations Support RRR!mvs Attachments:

A. Supplement to the Request for Order Consenting to Transfer of License from Seminole Electric Cooperative, Inc. Minority Co-Owner and Conforming License Amendment; Information Concerning the Name Conversion Pursuant to 10 CFR 50.90 B. No Significant Hazards Consideration and Environmental Assessment C. Facility Operating License Strikeout Pages D. Facility Operating License Revision Bar Pages E. Facility Operating License Revised Microsoft Word Version xc:

NRR Project Manager NMSS Project Manager Regional Administrator, Region I State Contact

DUKE ENERGY FLORIDA, INC.

DOCKET NUMBER 50 - 302 / LICENSE NUMBER DPR - 72 ATTACHMENT A SUPPLEMENT TO THE REQUEST FOR ORDER CONSENTING TO TRANSFER OF LICENSE FROM SEMINOLE ELECTRIC COOPERATIVE, INC. MINORITY CO-OWNER AND CONFORMING LICENSE AMENDMENT; INFORMATION CONCERNING THE NAME CONVERSION PURSUANT TO 10 CFR 50.90

U. S. Nuclear Regulatory Commission Attachment A 3F0915-01 Page 1 of 2 Supplement to the Request for Order Consenting to Transfer of License from Seminole Electric Cooperative, Inc. Minority Co-Owner and Conforming License Amendment; Information Concerning the Name Conversion Pursuant to 10 CFR 50.90 Contents I.

Background and Request II.

Statement of Purpose and Justification of the Name Conversion Changes III.

Required Regulatory Approvals IV.

References

U. S. Nuclear Regulatory Commission Attachment A 3F0915-01 Page 2 of 2 I.

Background and Request On August 1, 2015, Duke Energy Florida, Inc. converted its form of business organization from a Florida corporation to a Florida limited liability company. Upon the conversion, Duke Energy Florida, Inc. changed its name to Duke Energy Florida, LLC.

In connection with the conversion, the former Articles of Incorporation and By-Laws were terminated and Duke Energy Florida, LLC adopted Articles of Conversion, Articles of Organization, a Plan of Conversion, and a Limited Liability Company Operating Agreement. DEF is requesting NRC approval of proposed changes to the CR3 facility operating license revising the corporate name of the licensee from Duke Energy Florida, Inc. to Duke Energy Florida, LLC.

II.

Statement of Purpose and Justification of the Name Conversion Changes In the wake of Duke Energy Corporations (Duke Energy) acquisition of Progress Energy, Inc. (Progress Energy) and the disposition of certain Midwest operations, Duke Energy determined that a company-wide initiative should be undertaken to reduce organizational complexity and to identify process improvements. Certain Duke Energy subsidiary companies, including Duke Energy Florida, Inc., were converted into limited liability companies to modernize and simplify Duke Energys domestic structure and provide consistency between legacy Duke Energy and legacy Progress Energy entities.

In addition to the corporate conversion to LLC, editorial changes such as renumbering, grammatical corrections and spelling were made to the Operating License.

III.

Required Regulatory Approvals On July 31, 2015, Duke Energy Florida, Inc. filed with the Florida Secretary of State the.

Articles of Conversion and Articles of Organization which are required under Florida Limited Liability Company Act Section 605.1045 to effect the conversion of a corporation to a limited liability company.

On August 4, 2015, Duke Energy Florida, Inc. filed the Articles of Conversion, Articles of Organization, Plan of Conversion and Limited Liability Company Operating Agreement as Exhibits 3.4-3.7 to a Form 8-K with the Securities and Exchange Commission.

IV.

References

1. Florida Limited Liability Company Act Section 605.1045
2. CR-3 to NRC letter dated July 28, 2015, "Crystal River Unit 3 - Application for Order Approving Transfer of License and for Conforming License Amendment Pursuant to 10 CFR 50.80 and 10 CFR 50.90," (ADAMS Accession No. ML15216A123)

DUKE ENERGY FLORIDA, INC.

DOCKET NUMBER 50 - 302 / LICENSE NUMBER DPR - 72 ATTACHMENT B NO SIGNIFICANT HAZARDS CONSIDERATION AND ENVIRONMENTAL ASSESSMENT

U. S. Nuclear Regulatory Commission Attachment B 3F0915-01 Page 1 of 2 Regulatory Analysis No Significant Hazards Consideration Determination Pursuant to 10 CFR 50.90, Duke Energy Florida, Inc. (DEF) requests an amendment to Facility License No. DPR-72 for Crystal River Unit 3 (CR-3). The proposed amendment would revise the CR-3 Facility License to reflect the conversion and name change of Duke Energy Florida, Inc. to Duke Energy Florida, LLC.

On February 20, 2013, DEF submitted a certification of permanent cessation of power operations pursuant to 10 CFR 50.82(a)(1)(i) (ADAMS Accession No. ML13056A005). By letter dated March 13, 2013, the NRC acknowledged CR-3s certification of permanent cessation of power operation and permanent removal of fuel from the reactor vessel (ADAMS Accession No. ML13058A380). Accordingly, pursuant to 10 CFR 50.82(a)(2), the 10 CFR Part 50 license for CR-3 no longer authorizes power operation of the reactor or emplacement or retention of fuel in the reactor vessel.

DEF has evaluated the proposed amendment to determine if a significant hazards consideration is involved by focusing on the three standards set forth in 10 CFR 50.92, Issuance of Amendment, as discussed below. This evaluation also supports the generic determination regarding license amendments to reflect license transfer applications stated in 10 CFR 2.1315 and the license name change.

1.

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

Response: No The proposed change does not involve a significant increase in the probability of any accident previously evaluated because no accident initiators or assumptions are affected. The proposed license transfer and name change is administrative in nature and has no direct effect on any plant system, plant personnel qualifications, or the operation and maintenance of CR-3.

2.

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

Response: No The proposed change does not create the possibility of a new or different kind of accident from any previously evaluated because no new accident initiators or assumptions are introduced by the proposed changes. The proposed license transfer and name change is administrative in nature and has no direct effect on any plant system, plant personnel qualifications, or operation and maintenance of CR-3.

3.

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

Response: No The proposed change does not involve a significant reduction in a margin of safety because the proposed change does not involve changes to the initial conditions contributing to accident severity or consequences, or reduce response or mitigation capabilities. The proposed license

U. S. Nuclear Regulatory Commission Attachment B 3F0915-01 Page 2 of 2 transfer and name change is administrative in nature and has no direct effect on any plant system, plant personnel qualifications, or operation and maintenance of CR-3.

Environmental Considerations This application, and the accompanying administrative license amendments for CR-3 are exempt from environmental review because they fall within the categorical exclusion of 10 CFR 51.22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review, paragraph (c)(10)(iii). This application does no more than request approval for a direct license transfer and name change for CR-3. Additionally, the proposed license transfer and name change does not involve any amendment that would directly affect the operation of the facility in any substantial way. The proposed license transfer does not involve an increase in the amounts or change the types of any radiological effluents that may be allowed to be released offsite, and do not involve any increase in the amounts or change in the types of any non-radiological effluents that may be released offsite. Further, no increase in the individual or cumulative occupational radiation exposure is involved.

DUKE ENERGY FLORIDA, INC.

DOCKET NUMBER 50 - 302 / LICENSE NUMBER DPR - 72 ATTACHMENT C FACILITY OPERATING LICENSE STRIKEOUT PAGES

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINCiTON, 0. C. 20555 DUKE ENERGY FLORIDA, INC.

C lTV OF ALACHUA CITY OF BUSHNELL CITY OF GAINESVILLE CITY OF KISSIMMEE CITY OF LEESBURG DO NOT... HEifrDVE CITY OF NEW SMYRNA BEACH AND UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH C lTV OF OCALA ORLANDO UTILITIES COMMISSION AND CITY OF ORLANDO SEMINOLE ELECTRIC COOPERATIVE, INC.

DOCKET NO. 50-302 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT AMENDMENT TO FACILITY OPERATING liCENSE Amendment No. 2 license No. OPR-72

1.

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

A.

. B.

c.

~ ***

The application filed by florida Power Corporation, City of Alachua, City of Bushnell, City of Gainesville, City of Kissimmee, City of leesburg, City of New Smyrna Beach and Utilities Co11111ission,- City of New Smyrna Beach, City of Ocala, Orlando Utilities Commission and City of Orlando, Sebring Utilities Commission*, Seminole Electric Cooperative, Inc., and City of Tallahasse{,the licensees) as supplemented by letter dated December 9, 1976, complie~ with the standards and r~quirements of the Atomic Energy Act of 1954, ~s amended (the Act) and the Commission's rules and regulations set forth in 10 CFR Chapter 1; Construction of the Crystal River Unit 3 Nuclear Generating Plant (facility) has been substantially completed in conformity with Provisional Construction Permit No. CPPR-51 and the application, as.

amended, the provisions of the Act and the rules and regulations of the Co11111ission; The facility will operate in conformity with the application, as amended, the provisions o: the Act, and the rules and regulations of the Commission;

  • As of the effecUve date of Amendment No. 140

, Sebring Ut i1 Hies Commission is no longer a licensee under this license.

    • As of. the effective date of Amendment No. 189, t~e C~ty of Tallahassee is no longer a l1censee under this license.

\\

      • on April 29 1 2013 1 the name "Florida Power Corporation" was changed to "Duke Energy Florida, Inc."

Facility Operating License No. DPR-72 1

Amendment No. 243

. 246 246 LLC On August 1, 2015, Duke Energy Florida, Inc. converted to a limited liability company and the name was changed to "Duke Energy Florida, LLC."

DO NOT REUIOVf:. D.

There is reasonable assurance:

(i) that the activities autl1orized.

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 rules and regulations of the Commission:

E.

The licensees are financially qualified and Duke Energy Florida, Inc.

is technically qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Corranission:

F. The 1 icensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements,"

of the Commission's regulations; G.

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

After weighing t.""le environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. DPR-72 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 regu-lations and all applicable requirements have been satisfied; I. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Corranission's regulations in 10 CFR Part 30, 40 and 70, including 10 CFR Sections 30.33, 40.32 and 70.23 and 70.31.

2. Facility Operating License No. DPR-72, issued to the licensees, is hereby amended in its entirety to read as follows:

A.

This amended license applies to the Crystal River Unit 3 Nuclear Generating Plant, a pressurized water nuclear reactor and associated equipment (the facility), owned by the licensees and operated by Duke Energy Florida, Inc.

'Ihe facility is located on the Gull of Mexico, about seven and one-half miles northwest of the town of Crystal River, Citrus County, Florida, and is described in the "Final Safety Analysis Report" as supplem=nted and amended (Amendment 11 through 50) and the. Environmental Report as supple-

  • mented and amended (Amendments 1 through 3).

Facility Operating License No. DPR-72 Amendment No.243 LLC LLC is has B

Subject to* the conditions. and requirements incorporated herein, the COnmision herebv licenses:

{1)

Duke Energy Florida, Inc.,

pursuant to Section l04i:> of the Act and 10 CFR PartSO, _*Licensing of Production and

  • Utilization Facilities,"* to possess and use the facility;

{2)

Tile licensees to possess *tne facility at tne designated location in Citrus County, Florida, in accordance with the procedures and limitations set forth in this license; (3)

Duke Energy Florida, Inc.,

pursuant to the Act and l(J. CFR Part 70, to possess at any time special nuclear material configured as reactor fuel, in accordance with the limitations for storage as described in the Final Safety Analysis Report, as supplemented and amended; (4)

Duke Energy Florida, Inc., pursuant to the Act and 10 CFR Parts 30, 40 and 70 to possess at any time any byproduct, source and special nuclear material as sealed neutron sources used previously for reactor startup, as fission detectors, and sealed sources for reactor instrumentation and to possess and use at any time any byproduct, source. and special nuclear material as sealed sources for radiation monitoring equipment calibration in amounts as required; (5)

_Duke Energy Florida, Inc.,

pursuant to the Act and 10 C.FR Parts 30, 40 and 71J, to receive, possess and use in am:>Wlts as required any oyproauct, source or special nuclear material without restriction to cher.lical or physical form, for sanple analysis or instrument calibration or associated with radio-active apparatus or coriifX>nents; (6) Duke Energy Florida, Inc.,

pursuant to the Act and 10 ern Z. B. (7)

Parts 30 and 7iJ, to possess, out not separate, such byproouct ana special nuclear materials as may be produced by the operation of tne facility.

Duke Energy Florida, Inc.,

pursuant to the Act and 10 CFR

/+iJ.eJ Parts 30 and 70. to receive and*possess, but not T) separate, that by-product and special nuclear materials r~"l associated with four (4) fuel assemblies (B&H ldentifi':"'

f/mli 15' cation Numbers lA-01, 04, OS and 36 which were previously

/

irradiated in the Oconee Nuclear Station, Unit No. 1) 7-.:<1-7Y acquired by Florida Powe~ Corporatio~from Duke Power Company for use as reactor fuel in th' facility.

This license shall be aeerrea to contain and is subject to the

-conditions specified in the following Conr11ission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, section 50.54 ar.d 50.59 of part SCJ, Section 70.32 of Part 70; and is subject to all applicable provisions

      • On April 29, 2013, the name "Florida Power Corporation" was changed to "Duke Energy Florida, Inc."

Facility Operating License No. DPR-72 Amendment No. 247 On August 1, 2015, Duke Energy Florida, Inc. converted to a limited liability company and the name was changed to "Duke Energy Florida, LLC."

s LLC LLC LLC LLC LLC LLC 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:

2.C.{1) Deleted per Amendment No. 247 2.C.(2) T~chnical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 247are hereby replaced with the Permanently Defueled Technical Specifications

{POTS). Duke Energy Florida, Inc. shall maintain the facility in accordance with the Permanently Defueled Technical Specifications.

Facility Operating license No. DPR-72 Amendment No. 247 LLC

, as revised through Amendment No. 247

- 4a -

Z.C.(3)

Deleted per Amendment No. 247 2.C.(4)

DELETED per Amendment No. 20 dated 7-3-79.

2.C. (5)

Deleted per Amendment No. 247

.Facility Operating License No. DPR-72 Amendment No. 247

2.C.(6)

Deleted per Amendment No. 21.7-3-79 2.C.(7)

Deleted per Amendment No. 247 2.C.(B)

Deleted per Amendment No. 247 2.C.(9)

Deleted per Amendment No. 247 2.C.(10) Deleted per Amendment No. 247 2.C.(11) Deleted per Amendment No. 247 2.C.(12)

Deleted per Amendment No. 237 Facility Operating License No. DPR-72 Amendment No. 247

- 5a-This page is deleted by Amendment No. 229 (13) Deleted per Amendment No. 229.

- 5b-This page is deleted by Amendment No. 22"9.

2.C.(14)

- 5c-Mitigation Strategy LJcense Condition

rhe licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(1.)

Fire fighting responses 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 consitierlng the fonowing:

a.

Protection and use of personnel assets

b.

Communications

c.

Minimizing flre spread

d.

Procedt.nS for implementing Integrated fire response strategy

e.

ldenttftcatlon of readily-available pre-staged equipment

,f.

Training on Integrated fire response strategy

g.

Spent fuel pool mifi9ation meB$ures (3.)

Actions to minimize release to include consideration of:

a.

Water spray scrubbing

b.

Dose to onslte responders 2.C.(15) Deleted per Amendment No. 247 Amendment No. 247

-Sd-2.0 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 2781.7 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 5," and "Safeguards Contingency Plan, Revision 4," submitted by letter dated May 16, 2006, and "Guard Training and Qualification Plan, Revision 0," submitted by letter dated September 30, 2004, as supplemented by letters dated October 20, 2004, and September 29, 2005.

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. 238, as supplemented by changes approved by License Amendment Nos. 242 and 245.

Facility Operating License No. DPR-72 Amendment No. 245

b -

E.

Deleted per Amendment No. 247 DO NOT REMOVE Facility Operating License No. DPR-72 Amendment No. 247 Deleted per Amendment No. 247

  • DO NOJ REfviOVE Facility Operatinp License No. DPR-72 Amendment No. 247

-a-Deleted per Amendment No. 247 DO NOJ REi\\<<JVE Facility Operating License No. DPR-72 Amendment No. 247

-!:)-

F. In accordance with the requirement inp:>sed Dy the O:toDer d, 1976, order of the Unitea States Court Appeals for the District of O>luni:>ia Circuit in i.~atural i<esources Defense O>uncil v. Nuclear Regulatory: Comission, No. 74-l:i65 and 74-1586, that the '~uclear Regulatory conmiss1on "shall make any licenses granted between July ~1, 1976 and such time when the manciate is issued subject to the outcome of the proceeaings herein,.. the license issued herein shall be subject to the outcome of such proceedings.

G. This amended lice"se fs effective as of the date of issuancejRottt.~

Facility Operating License No. DPR~7?, as amended, shall exr.ire q7, at midnight, Oecember 3, 2016.

liAR 31 1987 Attachments:

Appendices A & B-Technical Specifications Date of Issuance: JAN 2 8 fll1 FOR 'l'dB NUCLEAR Rro.JIA'l\\).RY O:.MMISSIOO

~risinlll ~ed br.

Roger S. Boyd, Director Division of Project Management Office'of Nuclear Reactor Regulation

DUKE ENERGY FLORIDA, INC.

DOCKET NUMBER 50 - 302 / LICENSE NUMBER DPR - 72 ATTACHMENT D FACILITY OPERATING LICENSE REVISION BAR PAGES

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINCiTON, 0. C. 20555 DUKE ENERGY FLORIDA, INC.

C lTV OF ALACHUA CITY OF BUSHNELL CITY OF GAINESVILLE CITY OF KISSIMMEE CITY OF LEESBURG DO NOT... HEifrDVE CITY OF NEW SMYRNA BEACH AND UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH C lTV OF OCALA ORLANDO UTILITIES COMMISSION AND CITY OF ORLANDO SEMINOLE ELECTRIC COOPERATIVE, INC.

DOCKET NO. 50-302 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT AMENDMENT TO FACILITY OPERATING liCENSE Amendment No. 2 license No. OPR-72

1.

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

A.

. B.

c.

~ ***

The application filed by florida Power Corporation, City of Alachua, City of Bushnell, City of Gainesville, City of Kissimmee, City of leesburg, City of New Smyrna Beach and Utilities Co11111ission,- City of New Smyrna Beach, City of Ocala, Orlando Utilities Commission and City of Orlando, Sebring Utilities Commission*, Seminole Electric Cooperative, Inc., and City of Tallahasse{,the licensees) as supplemented by letter dated December 9, 1976, complie~ with the standards and r~quirements of the Atomic Energy Act of 1954, ~s amended (the Act) and the Commission's rules and regulations set forth in 10 CFR Chapter 1; Construction of the Crystal River Unit 3 Nuclear Generating Plant (facility) has been substantially completed in conformity with Provisional Construction Permit No. CPPR-51 and the application, as.

amended, the provisions of the Act and the rules and regulations of the Co11111ission; The facility will operate in conformity with the application, as amended, the provisions o: the Act, and the rules and regulations of the Commission;

  • As of the effecUve date of Amendment No. 140

, Sebring Ut i1 Hies Commission is no longer a licensee under this license.

    • As of. the effective date of Amendment No. 189, t~e C~ty of Tallahassee is no longer a l1censee under this license.

\\

      • on April 29 1 2013 1 the name "Florida Power Corporation" was changed to "Duke Energy Florida, Inc."

Facility Operating License No. DPR-72 1

Amendment No. 243

. 246 246 On August 1, 2015, Duke Energy Florida, Inc. converted to a limited liability company and the name was changed to "Duke Energy Florida, LLC."

LLC

DO NOT REUIOVf:. D.

There is reasonable assurance:

(i) that the activities autl1orized.

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 rules and regulations of the Commission:

E.

The licensees are financially qualified and Duke Energy Florida, Inc.

is technically qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Corranission:

F. The 1 icensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements,"

of the Commission's regulations; G.

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

After weighing t.""le environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. DPR-72 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 regu-lations and all applicable requirements have been satisfied; I. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Corranission's regulations in 10 CFR Part 30, 40 and 70, including 10 CFR Sections 30.33, 40.32 and 70.23 and 70.31.

2. Facility Operating License No. DPR-72, issued to the licensees, is hereby amended in its entirety to read as follows:

A.

This amended license applies to the Crystal River Unit 3 Nuclear Generating Plant, a pressurized water nuclear reactor and associated equipment (the facility), owned by the licensees and operated by Duke Energy Florida, Inc.

'Ihe facility is located on the Gull of Mexico, about seven and one-half miles northwest of the town of Crystal River, Citrus County, Florida, and is described in the "Final Safety Analysis Report" as supplem=nted and amended (Amendment 11 through 50) and the. Environmental Report as supple-

  • mented and amended (Amendments 1 through 3).

Facility Operating License No. DPR-72 Amendment No.243 LLC LLC is has B

Subject to* the conditions. and requirements incorporated herein, the COnmision herebv licenses:

{1)

Duke Energy Florida, Inc.,

pursuant to Section l04i:> of the Act and 10 CFR PartSO, _*Licensing of Production and

  • Utilization Facilities,"* to possess and use the facility;

{2)

Tile licensees to possess *tne facility at tne designated location in Citrus County, Florida, in accordance with the procedures and limitations set forth in this license; (3)

Duke Energy Florida, Inc.,

pursuant to the Act and l(J. CFR Part 70, to possess at any time special nuclear material configured as reactor fuel, in accordance with the limitations for storage as described in the Final Safety Analysis Report, as supplemented and amended; (4)

Duke Energy Florida, Inc., pursuant to the Act and 10 CFR Parts 30, 40 and 70 to possess at any time any byproduct, source and special nuclear material as sealed neutron sources used previously for reactor startup, as fission detectors, and sealed sources for reactor instrumentation and to possess and use at any time any byproduct, source. and special nuclear material as sealed sources for radiation monitoring equipment calibration in amounts as required; (5)

_Duke Energy Florida, Inc.,

pursuant to the Act and 10 C.FR Parts 30, 40 and 71J, to receive, possess and use in am:>Wlts as required any oyproauct, source or special nuclear material without restriction to cher.lical or physical form, for sanple analysis or instrument calibration or associated with radio-active apparatus or coriifX>nents; (6) Duke Energy Florida, Inc.,

pursuant to the Act and 10 ern Z. B. (7)

Parts 30 and 7iJ, to possess, out not separate, such byproouct ana special nuclear materials as may be produced by the operation of tne facility.

Duke Energy Florida, Inc.,

pursuant to the Act and 10 CFR

/+iJ.eJ Parts 30 and 70. to receive and*possess, but not T) separate, that by-product and special nuclear materials r~"l associated with four (4) fuel assemblies (B&H ldentifi':"'

f/mli 15' cation Numbers lA-01, 04, OS and 36 which were previously

/

irradiated in the Oconee Nuclear Station, Unit No. 1) 7-.:<1-7Y acquired by Florida Powe~ Corporatio~from Duke Power Company for use as reactor fuel in th' facility.

This license shall be aeerrea to contain and is subject to the

-conditions specified in the following Conr11ission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, section 50.54 ar.d 50.59 of part SCJ, Section 70.32 of Part 70; and is subject to all applicable provisions

      • On April 29, 2013, the name "Florida Power Corporation" was changed to "Duke Energy Florida, Inc."

Facility Operating License No. DPR-72 Amendment No. 247 Commission LLC LLC LLC LLC LLC On August 1, 2015, Duke Energy Florida, Inc. converted to a limited liability company and the name was changed to "Duke Energy Florida, LLC."

LLC 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:

2.C.{1) Deleted per Amendment No. 247 2.C.(2) T~chnical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 247are hereby replaced with the Permanently Defueled Technical Specifications

{POTS). Duke Energy Florida, Inc. shall maintain the facility in accordance with the Permanently Defueled Technical Specifications.

Facility Operating license No. DPR-72 Amendment No. 247 LLC

, as revised through Amendment No. 247.

- 4a -

Z.C.(3)

Deleted per Amendment No. 247 2.C.(4)

DELETED per Amendment No. 20 dated 7-3-79.

2.C. (5)

Deleted per Amendment No. 247

.Facility Operating License No. DPR-72 Amendment No. 247

2.C.(6)

Deleted per Amendment No. 21.7-3-79 2.C.(7)

Deleted per Amendment No. 247 2.C.(B)

Deleted per Amendment No. 247 2.C.(9)

Deleted per Amendment No. 247 2.C.(10) Deleted per Amendment No. 247 2.C.(11) Deleted per Amendment No. 247 2.C.(12)

Deleted per Amendment No. 237 Facility Operating License No. DPR-72 Amendment No. 247

- 5a-This page is deleted by Amendment No. 229 (13)

Deleted per Amendment No. 229.

- 5b-This page is deleted by Amendment No. 22"9.

2.C.(13) Deleted by Amendment No. 229.

2.C.(14)

- 5c-Mitigation Strategy LJcense Condition

rhe licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(1.)

Fire fighting responses 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 consitierlng the fonowing:

a.

Protection and use of personnel assets

b.

Communications

c.

Minimizing flre spread

d.

Procedt.nS for implementing Integrated fire response strategy

e.

ldenttftcatlon of readily-available pre-staged equipment

,f.

Training on Integrated fire response strategy

g.

Spent fuel pool mifi9ation meB$ures (3.)

Actions to minimize release to include consideration of:

a.

Water spray scrubbing

b.

Dose to onslte responders 2.C.(15) Deleted per Amendment No. 247 Amendment No. 247

-Sd-2.0 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 2781.7 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 5," and "Safeguards Contingency Plan, Revision 4," submitted by letter dated May 16, 2006, and "Guard Training and Qualification Plan, Revision 0," submitted by letter dated September 30, 2004, as supplemented by letters dated October 20, 2004, and September 29, 2005.

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. 238, as supplemented by changes approved by License Amendment Nos. 242 and 245.

Facility Operating License No. DPR-72 Amendment No. 245

b -

E.

Deleted per Amendment No. 247 DO NOT REMOVE Facility Operating License No. DPR-72 Amendment No. 247 Deleted per Amendment No. 247

  • DO NOJ REfviOVE Facility Operatinp License No. DPR-72 Amendment No. 247

-a-Deleted per Amendment No. 247 DO NOJ REi\\<<JVE Facility Operating License No. DPR-72 Amendment No. 247

-!:)-

F. In accordance with the requirement inp:>sed Dy the O:toDer d, 1976, order of the Unitea States Court Appeals for the District of O>luni:>ia Circuit in i.~atural i<esources Defense O>uncil v. Nuclear Regulatory: Comission, No. 74-l:i65 and 74-1586, that the '~uclear Regulatory conmiss1on "shall make any licenses granted between July ~1, 1976 and such time when the manciate is issued subject to the outcome of the proceeaings herein,.. the license issued herein shall be subject to the outcome of such proceedings.

G. This amended lice"se fs effective as of the date of issuancejRottt.~

Facility Operating License No. DPR~7?, as amended, shall exr.ire q7, at midnight, Oecember 3, 2016.

liAR 31 1987 Attachments:

Appendices A & B-Technical Specifications Date of Issuance: JAN 2 8 fll1 FOR 'l'dB NUCLEAR Rro.JIA'l\\).RY O:.MMISSIOO

~risinlll ~ed br.

Roger S. Boyd, Director Division of Project Management Office'of Nuclear Reactor Regulation

DUKE ENERGY FLORIDA, INC.

DOCKET NUMBER 50 - 302 / LICENSE NUMBER DPR - 72 ATTACHMENT E FACILITY OPERATING LICENSE REVISED MICROSOFT WORD VERSION

Facility Operating License No. DPR-72 Amendment No.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 DUKE ENERGY FLORIDA, LLC DOCKET NO. 50-302 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.

License No. DPR-72

1.

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

A.

The application filed by Florida Power Corporation*** (the licensee), as supplemented by letter dated December 9, 1976, 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 1; B.

Construction of the Crystal River Unit 3 Nuclear Generating Plant (facility) has been substantially completed in conformity with Provisional Construction Permit No.

CPPR-51 and the application, as amended, the provisions of the Act and the rules and regulations of the Commission; 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: (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 rules and regulations of the Commission; E.

The licensee is financially qualified and Duke Energy Florida, LLC is technically qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Commission; F.

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

      • On April 29, 2013, the name "Florida Power Corporation" was changed to "Duke Energy Florida, Inc." On August 1, 2015, Duke Energy Florida, Inc. converted to a limited liability company and the name was changed to "Duke Energy Florida, LLC."

Facility Operating License No. DPR-72 Amendment No.

G.

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

After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. DPR-72 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; I.

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 Part 30, 40 and 70, including 10 CFR Sections 30.33, 40.32 and 70.23 and 70.31.

2. Facility Operating License No. DPR-72, issued to the licensee, is hereby amended in its entirety to read as follows:

A.

This amended license applies to the Crystal River Unit 3 Nuclear Generating Plant, a pressurized water nuclear reactor and associated equipment (the facility), owned by the licensee and operated by Duke Energy Florida, LLC. The facility is located on the Gulf of Mexico, about seven and one-half miles northwest of the town of Crystal River, Citrus County, Florida, and is described in the Final Safety Analysis Report as supplemented and amended and the Environmental Report as supplemented and amended.

B.

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

(1)

Duke Energy Florida, LLC, pursuant to Section 104b of the Act and 10 CFR Part 50, Licensing of Production and Utilization Facilities, to possess and use the facility; (2)

The licensee to possess the facility at the designated location in Citrus County, Florida, in accordance with the procedures and limitations set forth in this license; (3)

Duke Energy Florida, LLC, pursuant to the Act and 10 CFR Part 70, to possess at any time special nuclear material configured as reactor fuel, in accordance with the limitations for storage as described in the Final Safety Analysis Report, as supplemented and amended; (4)

Duke Energy Florida, LLC, pursuant to the Act and 10 CFR Parts 30, 40 and 70 to possess at any time any byproduct, source and special nuclear material as sealed neutron sources used previously for reactor startup, as fission detectors, and sealed sources for reactor instrumentation and to possess and use at any time any byproduct, source, and special nuclear material as sealed sources for radiation monitoring equipment calibration in amounts as required; Revised page submitted 2-24-77

Facility Operating License No. DPR-72 Amendment No.

(5)

Duke Energy Florida, LLC, 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 calibration or associated with radioactive apparatus or components; (6)

Duke Energy Florida, LLC, 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 the facility; (7)

Duke Energy Florida, LLC, pursuant to the Act and 10 CFR Parts 30 and 70, to receive and possess, but not separate, that byproduct and special nuclear materials associated with four (4) fuel assemblies (B&W Identification Numbers 1A-01, 04, 05 and 36 which were previously irradiated in the Oconee Nuclear Station, Unit No. 1) acquired by Florida Power Corporation*** from Duke Power Company for use as reactor fuel in the facility.

C.

This 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, Section 50.54 and 50.59 of Part 50, 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)

Deleted per Amendment No. 247 (2)

Technical Specifications The Technical Specifications contained in Appendix A are hereby replaced with the Permanently Defueled Technical Specifications (PDTS). Duke Energy Florida, LLC shall maintain the facility in accordance with the Permanently Defueled Technical Specifications, as revised through Amendment No. 247.

(3)

Deleted per Amendment No. 247 (4)

Deleted per Amendment No. 20 dated 7-3-79 (5)

Deleted per Amendment No. 247 (6)

Deleted per Amendment No. 21, 7-3-79 (7)

Deleted per Amendment No. 247 (8)

Deleted per Amendment No. 247 (9)

Deleted per Amendment No. 247 (10) Deleted per Amendment No. 247

      • On April 29, 2013, the name "Florida Power Corporation" was changed to "Duke Energy Florida, Inc." On August 1, 2015, Duke Energy Florida, Inc. converted to a limited liability company and the name was changed to "Duke Energy Florida, LLC."

Added per Amdt. 15, 7-24-78

Facility Operating License No. DPR-72 Amendment No.

(11) Deleted per Amendment No. 247 (12) Deleted per Amendment No. 237 (13) Deleted per Amendment No. 229 (14) Mitigation Strategy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions that include the following key areas:

(1.)

Fire fighting responses 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 (15) Deleted per Amendment No. 247 D.

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 2781.7 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 5," and "Safeguards Contingency Plan, Revision 4," submitted by letter dated May 16, 2006, and "Guard Training and Qualification Plan, Revision 0," submitted by letter dated September 30, 2004, as supplemented by letters dated October 20, 2004, and September 29, 2005.

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. 238, as supplemented by changes approved by License Amendment Nos. 242 and 245.

Facility Operating License No. DPR-72 Amendment No.

E.

Deleted per Amendment No. 247 F.

In accordance with the requirement imposed by the October 8, 1976, order of the United States Court Appeals for the District of Columbia Circuit in Natural Resources Defense Council v. Nuclear Regulatory 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.

This amended license is effective as of the date of issuance. Facility Operating License No. DPR-72, as amended, shall expire at midnight, December 3, 2016.

FOR THE NUCLEAR REGULATORY COMMISSION Original Signed by Roger S. Boyd, Director Division of Project Management Office of Nuclear Reactor Regulation Attachments:

Appendices A & B - Technical Specifications Date of Issuance: Jan 28 1977 Amdt. #97 March 31, 1987