ML20215G597
| ML20215G597 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, Salem, Hope Creek, Limerick, 05000000 |
| Issue date: | 06/03/1983 |
| From: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Stoodley D DELMARVA POWER & LIGHT CO. |
| Shared Package | |
| ML20215G589 | List: |
| References | |
| NUDOCS 8706230312 | |
| Download: ML20215G597 (2) | |
Text
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June 3, 1983 Mr. Dale G. Stoodley General Counsel Delmarva Power & L.ight Company 800 King Street
{
-P.O. Box 231 Wilmington, DE 19899
Dear Mr. Stoodley:
This is in response to your letter of May 19. 1983. As you observed there.
while all co-owners of a nuclear generating facility are required to be licensed to own the facility it is and has been our general practice to license only one entity to operate a facility.
Although the precise formulations have differed from license to license, the Comission's customary form of license authorizes only one applicant to
" possess, use and operate" a given facility, while the others are authorized 1
merely to ' possess
- tt. As you pointe:d out, some licenses recently issued.
for multiple-owner facilities expressly emphasize the " exclusive responsi-(-
bility and control over the physical construction, operation and maintenance of the facility' traditionally borne by the Ifcensed operator of a facility.
A few licenses over the years have differed from this general practice, d
depending on-the exact relationship among the parties. There are a few ceses in which the co-owners have been explicitly co-licensed to " possess'.
use and operate" the facility and in a few cases the " operating
- licensee has been authorized to operate' the facility "on his own behalf and as agent for..." the' other owners. However in these unusual cases, the license -
itself is quite explicit.
Under our usuil form of license the entity licensed to " operate" has full responsibility for facility construction, operation and maintenance; a'.
co-owner -- licensed only to possess the facility -- may not operate-it and may not on its own authority assume any direct responsibility for f ts operation. including responsibility for the-selection of operating' staff. a determination of maintenance schedules and procedures, and execution of-plant maintenance, unless the operating license is amended by NRC to' authorize-that co-owner to become operator of the facility, or to undertake, on its own-authority, ary activities constituting operation of the plant.
It should be' recognized, however, that the licensee authorized to " operate" the facilitylthe " operator") may carry out its responsibilities thesugh thq use of employees.' agents or contractors.
There is no restriction preventingi 8706230312 a30519 PDR MISC 8706230312.
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1 Mr. Dale G. Stoodley j I
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the licensee authorized to operate from using personnel or facilities of another co-owner to carry out operating activities, as subcontractor or in some similar status subordinate to the Itcensee authorized to operate, f
provided such personnel or facilities, satisfy any applicable qualifi-cation reqdirements. Nevertheless, in such a case it is the owner licensed to operate that is responsible for assuring that such activities are carried out in compliance with the terms of the license and its techni-cal specifications, and all applicable NRC rules, regulations and orders.
Any modification of the operating organization described in the license and its technical specifications would require prior approval by MRC.
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Sincerely.
OrignalMgisdhp.
Guy H. Cunningham,til Guy H. Cunningham, III Executive Legal Director l
Office of the Executive Legal.
1 Director l
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