ML20137B311
| ML20137B311 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/17/1997 |
| From: | Miraglia F NRC (Affiliation Not Assigned) |
| To: | SOUTHERN NUCLEAR OPERATING CO. |
| Shared Package | |
| ML20137B284 | List: |
| References | |
| NUDOCS 9703210275 | |
| Download: ML20137B311 (5) | |
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o 7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION l
In the Matter of
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Docket Nos. 50-424 l
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and 50-425 l
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l (Vogtle Electric Generating Plant,
)
Units 1 and 2
)
ORDER APPROVING SOUTHERN NUCLEAR OPERATING COMPANY, INC.,
AS EXCLUSIVE OPERATOR I.
Georgia Power Company (GPC), Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, and City of Dalton, Georgia (the Owners), are the holders of Facility Operating License No. NPF-68 for Vogtle Electric Generating Plant (Vogtle) Unit I and Facility Operating License No. NPF-81 for Vogtle Unit 2.
These licenses generally authorize GPC to possess, use, and operate - and the other Owners to possess out not operate - the Vogtle i
facility in accordance with the standards and requirements of the Atomic Energy Act of 1954, as' amended, and the rules and regulations of the U.S.
Nuclear Regulatory Commission (NRC).
In its capacity as licensed operator, GPC acts for itself and on behalf of the Owners. The Vogtle facility is located in Burke County, Georgia.
II.
l By letter dated September 18, 1992, as supplemented by letters dated October 7 (two letters),15, 23, and November 13, 1992, March 5, May 21, i
June 14, and December 17, 1993, April 6 and July 27, 1995, and September 11, l
October 1, December 12, 19, 23 and 30, 1996, GPC requested approval, and 9703210275 970317 PDR ADOCK 05000424 P
._. _ _ - _. ~ _ _ _ _ _ _..._ _ _ _.
, amendments to the licenses for Southern Nuclear Operating Company, Inc.
1-(Southern Nuclear), to become the operator of the Vogtle facility, and to have l
exclusive responsibility and control over its physical construction, operation, and maintenance. Southern Nuclear and GPC are wholly owned subsidiaries of The Southern Company. Southern Nuclear was formed in December 1990 for the purpose of consolidating into a single organization personnel within The Southern Company's electric system engaged in nuclear operation.
Southern Nuclear is the exclusive operator of the Joseph M. Farley Nuclear Plant, Units 1 and 2, located near Dothan, Alabama, j
On October 14, 1992, the NRC noticed the proposed transfer of operating authority and amendments and published in the Federal Reaister a Proposed Finding of No Significant Hazards Consideration and Opportunity for Hearing (57 FR 47135).
By letter dated October 22, 1992, attorneys for two former employees of GPC filed with the NRC a " Petition To Intervene and Request For Hearing Of Allen L. Mosbaugh and Marvin B. Hobby" in opposition to the proposed action. Mr. Mosbaugh was admitted as a party with an issue regarding GPC character.
Hearings were completed, but prior to a decision being issued, GPC and the Intervenor reached a settlement. The hearing Board dismissed the contention and terminated the proceeding.
III.
l Pursuant to 10 CFR 50.80(a), the transfer, assignment, or disposal of any right under a license is subject to the NRC's written consent. On the basis of information provided by GPC and other information before the f,
Commission, it is determined that the proposed transfer of authority under the j
Vogtle licenses to the extent Southern Nuclear becomes the operator of the f
Vogtle facility with exclusive responsibility and control over its physical L
! construction, operation, and maintenance, subject to the conditions set forth herein, is consistent with applicable provisions of law, regulations, and j
orders. issued by the Comission, and Southern Nuclear is qualified to hold the licenses to the extent described above. These findings are supported by a Safety Evaluation dated March 17, 1997, which contains a final no significant hazards consideration determination.
The staff has evaluated the application and relied on GPC and Southern Nuclear comitments in a letter dated December 30, 1996, which iterated comitments made in a licensee letter dated February 1,1995, with respect to an enforcement action related to the Vogtle facility that, the Southern Nuclear employee who formerly served as the Vogtle General Manager through August 1990, will not hold a line management position involving NRC licensed activities at GPC and Southern Nuclear plants until the NRC is provided prior written notice and the individual has satisfactorily completed certain management training. That comitment is accordingly confirmed in this Order for Vogtle.
IV.
Accordingly, pursuant to Sections 103, 104b, 105, 161b, 1611, and 184, of the Atomic Energy Act of 1954, as amended; 42 U.S.C. 2133, 2134, 2135, 2201(b), 2201(o), and 2234, and 10 CFR 50.80, IT IS HEREBY ORDERED that the request that Southern Nuclear be permitted to become the operator of the Vogtle facility and to have exclusive responsibility and control over the physical construction, operation, and maintenance of the facility, discussed 1
above, is approved subject to the following conditions:
j -
1 l-1 (1)
The Southern Nuclear employee who formerly served as the General Manager - Vogtle through August 1990, will not hold a line d
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management position at Vogtle until:
(a) Satisfactory completion of training in management communications and responsibilities; and, (b) Written notice is provided to the NRC sixty (60) days prior to 4
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his assignment to such a position; and, (2)
If Southern Nuclear does not assume responsibility and control over physical construction, operation and maintenance of the facility within 60 days of the date of this Order, this Order shall become null and void. However, upon written application and for good cause shown, this date may be extended.
Pursuant to 10 CFR 51.35, an Environmental Assessment was prepared and published in the Federal Reaister on November 3, 1992 (57 FR 49724). As required by 10 CFR 51.32, this assessment documents the Commission's determination that this action will have no significant impact on the quality of the human environment and nothing has occurred since its publication to alter this finding.
This Order is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION
/s/
Frank J. Miraglia, Jr., Acting Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 17th day of March 1997 DOCUMENT NAME: A:\\0RDER.V06
- SEE PREVIOUS CONCURRENCE To receive a copy of this document, indicate in the box:
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The Southern Nuclear employee who 'formerlyiserved as~ the GeneralW" s>
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communications and responsibilities; and,',,
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If Southern Nuclear does not assume responsibility and control over physical construction, operation and maintenance of the facility within 60 days of the date of this Order, this Order i
shall' become null and void. However,-upon written application and i
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j-for good cause shown, this date may be extended.
Pursuant to 10 CFR 51.35, an Environmental Assessment was prepared and published in the Federal Reaister on November 3, 1992 (57 FR 49724). As-l L
r'equired by.10'CFR 51.32, this assessment documents the Commission's r
' determination that this action will have no significant impact on-the quality l
of the human environment and nothing has occurred since its publication to alter this finding.
This Order is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION
/s/
Frank J. Miraglia, Jr.,l Acting Director I
Dated at Rockville, Maryland, this 17th day of March 1997 r
DOCUMENT: NAME: A:\\0RDER.V06
- SEE PREVIOUS, CONCURRENCE,
To receive a copy of.this document, indicate in the boxi "C" - Copy ~without **
attachment / enclosure "E" = Copy with attachment / enclosures "N"i ANo copy -.
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