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| number = ML15159A632
| number = ML15159A632
| issue date = 07/06/2015
| issue date = 07/06/2015
| title = Brunswick Steam Electric Plant, Units 1 and 2 and Shearon Harris Nuclear Power Plant, Unit 1 - Letter Approving Direct Transfer of Control of Licenses and Conforming Amendments (TAC Nos. MF5505, MF5506, and MF5507)
| title = Letter Approving Direct Transfer of Control of Licenses and Conforming Amendments
| author name = Barillas M C
| author name = Barillas M
| author affiliation = NRC/NRR/DORL/LPLII-2
| author affiliation = NRC/NRR/DORL/LPLII-2
| addressee name = Pitesa J W
| addressee name = Pitesa J
| addressee affiliation = Duke Energy Progress, Inc
| addressee affiliation = Duke Energy Progress, Inc
| docket = 05000324, 05000325, 05000400
| docket = 05000324, 05000325, 05000400
| license number = DPR-062, DPR-071, NPF-063
| license number = DPR-062, DPR-071, NPF-063
| contact person = Barillas M C
| contact person = Barillas M
| case reference number = TAC MF5505, TAC MF5506, TAC MF5507
| case reference number = TAC MF5505, TAC MF5506, TAC MF5507
| document type = Federal Register Notice, Letter, Order, Confirmatory
| document type = Federal Register Notice, Letter, Order, Confirmatory
| page count = 52
| page count = 52
| project = TAC:MF5505, TAC:MF5507, TAC:MF5506
| project = TAC:MF5505, TAC:MF5506, TAC:MF5507
| stage = Other
| stage = Acceptance Review
}}
}}


=Text=
=Text=
{{#Wiki_filter:Mr. John W. Pitesa Senior Vice President and Chief Nuclear Officer Generation & Transmission Duke Energy 526 South Church St. Mail Code: EC3XP Charlotte, NC 28202 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 6, 2015
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 6, 2015 Mr. John W. Pitesa Senior Vice President and Chief Nuclear Officer Generation & Transmission Duke Energy 526 South Church St.
Mail Code: EC3XP Charlotte, NC 28202


==SUBJECT:==
==SUBJECT:==
ORDERS APPROVING DIRECT TRANSFER OF CONTROL OF LICENSES AND CONFORMING AMENDMENTS RELATED TO BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, AND SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 (TAC NOS. MF5505, MF5506, AND MF5507)  
ORDERS APPROVING DIRECT TRANSFER OF CONTROL OF LICENSES AND CONFORMING AMENDMENTS RELATED TO BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, AND SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 (TAC NOS. MF5505, MF5506, AND MF5507)


==Dear Mr. Pitesa:==
==Dear Mr. Pitesa:==
The U.S. Nuclear Regulatory Commission (NRC) staff has completed its review of the application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML 15075A 102); June 1, 2015 (ADAMS Accession No. ML 15152A205); June 10, 2015 (ADAMS Accession No. ML 15161A289); and June 24, 2015 (ADAMS Accession No. ML 15175A036), requesting approval of the direct transfer of the following licenses: (1) Brunswick Steam Electric Plant (Brunswick), Units 1 and 2 (Docket Nos. 50-325 and 50-324), Renewed Facility Operating License Nos. DPR-71 and DPR-62 (2) Shearon Harris Nuclear Power Plant (Harris), Unit 1 (Docket No. 50-400), Renewed Facility Operating License No. NPF-63 Pursuant to Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR), Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), requested approval of the direct license transfer of ownership interests from NCEMPA to Duke Energy, leaving Duke Energy as the sole owner of Brunswick, Units 1 and 2, and Harris, Unit 1. The proposed direct transfer of control will result in no physical changes or operational changes to the Brunswick and Harris facilities. Duke Energy will remain as the licensed operator of the Brunswick and Harris facilities. Pursuant to 10 CFR 50.90, the application also seeks approval of conforming amendments to the Brunswick and Harris renewed facility operating licenses to reflect the transfer of ownership.
 
J. Pitesa The orders, subject to the conditions described therein (contained in Enclosures 1 and 2), approve the proposed direct ownership transfer pursuant to 10 CFR 50.80 and 50.90. The orders also approve the enclosed conforming license amendments, which will be issued and made effective at the time the transfers are consummated. Enclosure 3 is the NRC staff's safety evaluation (SE) related to the preceding actions. The SE will be placed in the NRC Public Document Room and added to the ADAMS publicly available records system library. Enclosures 4 and 5 are the conforming amendments for the renewed facility operating licenses for Brunswick, Units 1 and 2, and Harris, Unit 1. Notice of the application was published in the Federal Register on April 21, 2015 (80 FR 22224 for Harris, Unit 1, and 80 FR 22228 for Brunswick, Units 1 and 2). The supplemental letters dated June 1, 2015; June 10, 2015; and June 24, 2015, contained clarifying information, did not expand the application beyond the scope of the notice, and did not affect the applicability of the no significant hazards consideration determination. The orders have been forwarded to the Office of the Federal Register for publication. Docket Nos. 50-325, 50-324, and 50-400  
The U.S. Nuclear Regulatory Commission (NRC) staff has completed its review of the application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), requesting approval of the direct transfer of the following licenses:
(1) Brunswick Steam Electric Plant (Brunswick), Units 1 and 2 (Docket Nos. 50-325 and 50-324), Renewed Facility Operating License Nos. DPR-71 and DPR-62 (2) Shearon Harris Nuclear Power Plant (Harris), Unit 1 (Docket No. 50-400), Renewed Facility Operating License No. NPF-63 Pursuant to Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR), Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), requested approval of the direct license transfer of ownership interests from NCEMPA to Duke Energy, leaving Duke Energy as the sole owner of Brunswick, Units 1 and 2, and Harris, Unit 1.
The proposed direct transfer of control will result in no physical changes or operational changes to the Brunswick and Harris facilities. Duke Energy will remain as the licensed operator of the Brunswick and Harris facilities. Pursuant to 10 CFR 50.90, the application also seeks approval of conforming amendments to the Brunswick and Harris renewed facility operating licenses to reflect the transfer of ownership.
 
J. Pitesa                                       The orders, subject to the conditions described therein (contained in Enclosures 1 and 2),
approve the proposed direct ownership transfer pursuant to 10 CFR 50.80 and 50.90. The orders also approve the enclosed conforming license amendments, which will be issued and made effective at the time the transfers are consummated. is the NRC staff's safety evaluation (SE) related to the preceding actions. The SE will be placed in the NRC Public Document Room and added to the ADAMS publicly available records system library.
Enclosures 4 and 5 are the conforming amendments for the renewed facility operating licenses for Brunswick, Units 1 and 2, and Harris, Unit 1.
Notice of the application was published in the Federal Register on April 21, 2015 (80 FR 22224 for Harris, Unit 1, and 80 FR 22228 for Brunswick, Units 1 and 2). The supplemental letters dated June 1, 2015; June 10, 2015; and June 24, 2015, contained clarifying information, did not expand the application beyond the scope of the notice, and did not affect the applicability of the no significant hazards consideration determination.
The orders have been forwarded to the Office of the Federal Register for publication.
Sincerely, IRA/
Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325, 50-324, and 50-400


==Enclosures:==
==Enclosures:==
1. Order for Brunswick Steam Electric Plant, Units 1 and 2 2. Order for Shearon Harris Nuclear Power Plant, Unit 1 3. Safety Evaluation 4. Conforming License Amendment to License Nos. DPR 71 and DPR-62 5. Conforming License Amendment to License No. NPF-63 cc w/enclosures: Mr. William R. Gideon, VP, Brunswick Mr. Benjamin C. Waldrep, VP, Harris Additional Distribution via Listserv Sincerely, IRA/ Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation ENCLOSURE 1 ORDER APPROVING APPLICATION REGARDING DIRECT TRANSFER OF CONTROL OF LICENSES FOR BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, RESULTING FROM TRANSFER OF OWNERSHIP INTERESTS BETWEEN DUKE ENERGY PROGRESS, INC., AND NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY
: 1. Order for Brunswick Steam Electric Plant, Units 1 and 2
[7590-01-P] NUCLEAR REGULATORY COMMISSION Docket Nos. 50-325 and 50-324; License Nos. DPR-71 and DPR-62; NRC-20YY-XXXX] In the.Matter of Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency; Brunswick Steam Electric Plant, Units 1 and 2 AGENCY: Nuclear Regulatory Commission. ACTION: Direct transfer of licenses; order; issuance. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), approving the direct transfer of control of the Renewed Facility Operating License Nos. DPR-71 and DPR-62, and ownership interest for the Brunswick Steam Electric Plant (Brunswick), Units 1 and 2, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy wili become the sole owner of the Brunswick facility and will hold 100 percent ownership of the facility. The conforming license amendments will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance. DATES: The Order was issued on July 6, 2015, and is effective for one year.
: 2. Order for Shearon Harris Nuclear Power Plant, Unit 1
: 3. Safety Evaluation
: 4. Conforming License Amendment to License Nos. DPR 71 and DPR-62
: 5. Conforming License Amendment to License No. NPF-63 cc w/enclosures:
Mr. William R. Gideon, VP, Brunswick Mr. Benjamin C. Waldrep, VP, Harris Additional Distribution via Listserv
 
ENCLOSURE 1 ORDER APPROVING APPLICATION REGARDING DIRECT TRANSFER OF CONTROL OF LICENSES FOR BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, RESULTING FROM TRANSFER OF OWNERSHIP INTERESTS BETWEEN DUKE ENERGY PROGRESS, INC., AND NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY
 
[7590-01-P]
NUCLEAR REGULATORY COMMISSION Docket Nos. 50-325 and 50-324; License Nos. DPR-71 and DPR-62; NRC-20YY-XXXX]
In the.Matter of Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency; Brunswick Steam Electric Plant, Units 1 and 2 AGENCY: Nuclear Regulatory Commission.
ACTION: Direct transfer of licenses; order; issuance.
 
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), approving the direct transfer of control of the Renewed Facility Operating License Nos. DPR-71 and DPR-62, and ownership interest for the Brunswick Steam Electric Plant (Brunswick), Units 1 and 2, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy wili become the sole owner of the Brunswick facility and will hold 100 percent ownership of the facility. The conforming license amendments will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance.
DATES: The Order was issued on July 6, 2015, and is effective for one year.
 
ADDRESSES: Please refer to Docket ID NRC-20YY-XXXX when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
ADDRESSES: Please refer to Docket ID NRC-20YY-XXXX when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
* Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-20YY-XXXX. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-20YY-XXXX. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select '.'Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if document is available in ADAMS) is provided the first time that a document is referenced.
* NRC's Agencywide Documents Access and Management System (ADAMS):
You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select '.'Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if document is available in ADAMS) is provided the first time that a document is referenced.
* NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
* NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2760, e-mail: Martha. Barillas@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 61h day of July 2015. For the Nuclear Regulatory Commission. IRA/ Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation UNITED STATES OF AMERICA NUCLEAR REGULA TORY COMMISSION In the Matter of DUKE ENERGY PROGRESS, INC. NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY Brunswick Steam Electric Plant Units 1 and 2 ) ) ) ) ) ) ) ) ) ) ) Docket Nos. 50-325 and 50-324 License Nos. DPR-71 and DPR-62 ORDER APPROVING DIRECT TRANSFER OF LICENSES AND APPROVING CONFORMING AMENDMENTS I. Duke Energy Progress, Inc. (Duke Energy), and North Carolina Eastern Municipal Power Agency (NCEMPA), are the owners of Brunswick Steam Electric Plant (Brunswick), Unit Nos. 1 and 2. With respect to their ownership, they are co-holders of Renewed Facility Operating License Nos. DPR-71 and DPR-62. The Brunswick facility consists of two General Electric boiling-water reactors and an independent spent fuel storage installation (ISFSI), located in Brunswick County, North Carolina. The ISFSI is licensed under a general license pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50. The facility operating licenses authorize Duke Energy to possess, use, and operate the Brunswick facility. 11.
FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
By application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML 15075A 102); June 1, 2015 (ADAMS Accession No. ML 15152A205); June 10, 2015 (ADAMS Accession No. ML 15161A289); and June 24, 2015 (ADAMS Accession No. ML 15175A036), Duke Energy and NCEMPA requested, pursuant to 10 CFR, Section 50.80 (10 CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of Operating License Nos. DPR-71 and DPR-62 for the Brunswick facility, to the extent currently held by NCEMPA, to co-owner Duke Energy. The interest in Brunswick held by Duke Energy is 81.67 percent undivided ownership interest and that held by NCEMPA is 18.33 percent undivided ownership interest. Duke Energy is the licensed operator for the facility. Following approval of the proposed direct transfer of control of the licenses, Duke Energy will acquire NCEMPA's ownership interest in the facility and would hold 100 percent of the facility. The applicant also requested approval of the conforming license amendments that would remove references to NC EM PA in the licenses. The proposed direct transfer of control of the Brunswick operating licenses will not result in any change in the role of Duke Energy as the licensed operator and owner of the licensed facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications. Approval of the direct transfer of the facility operating licenses was requested by Duke Energy and NCEMPA pursuant to 10 CFR 50.80 and 50.90. A notice entitled, "Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendment," was published in the Federal Register on April 21, 2015 (80 FR 22228). No comments or hearing requests were received.
301-415-2760, e-mail: Martha. Barillas@nrc.gov.
Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that Duke Energy is qualified to hold 100 percent of the license as proposed by the transfer of NCEMPA's 18.33 percent ownership interests, and that the transfer of the licenses is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, and subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendments 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 I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed am.endments will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated July 6, 2015. 111. Accordingly, pursuant to Sections 161 b, 161 i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sections 2201 (b), 2201 (i), 2201 (o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the proposed direct license transfers are approved, subject to the following condition: 1. Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer. IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosure 4 to the cover letter forwarding this order, to reflect the subject direct transfer, are approved. The amendments shall be issued and made effective at the time the proposed direct transfer action is completed. IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed direct transfer action, Duke Energy shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business days prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within 1 year of this order's date of issue, this order shall become null and void. However, upon written application and good cause shown, such date may be extended by order. This order is effective upon issuance. For further details with respect to this order, see the initial application dated December 22, 2014 (ADAMS Accession No. ML 14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML 15075A 102); June 1, 2015 (ADAMS Accession No. ML 15152A205); June 10*, 2015 (ADAMS Accession No. ML 15161A289); and June 24, 2015 (ADAMS Accession No. ML 15175A036), and the safety evaluation dated July 6, 2015 (ADAMS Accession No. ML 15159A632), which are available for public inspection at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01-F21, 11555 Rockville Pike, Rockville, Maryland 20852. You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland this 6th day of July 2015. FOR THE NUCLEAR REGULATORY COMMISSION , }W, ' ... (/,/ 1 v William M. Dean, Director Office of Nuclear Reactor Regulation ENCLOSURE 2 ORDER APPROVING APPLICATION REGARDING DIRECT TRANSFER OF CONTROL OF LICENSES FOR SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, RESULTING FROM TRANSFER OF OWNERSHIP INTERESTS BETWEEN DUKE ENERGY PROGRESS, INC., AND NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY NUCLEAR REGULATORY COMMISSION Docket No. 50-400; License No. NPF-63; NRC-20YY-XXXX In the Matter of Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency; Shearon Harris Nuclear Power Plant, Unit 1 AGENCY: Nuclear Regulatory Commission. ACTION: Direct transfer of license; order; issuance. [7590-01-P] SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) approving the direct transfer of control of the Renewed Facility Operating License No. NPF-63, and ownership interest for the Shearon Harris Nuclear Power Plant (Harris), Unit 1, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy will become the sole owner of the Harris facility and hold 100 percent ownership of the facility. The conforming license amendment will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance. DATES: The Order was issued on July 6, 2015, and is effective for 1 year. ADDRESSES: Please refer to Docket ID NRC-20YY-XXXX> when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 61h day of July 2015.
For the Nuclear Regulatory Commission.
IRA/
Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation UNITED STATES OF AMERICA NUCLEAR REGULA TORY COMMISSION In the Matter of                             )
                                            )
                                            )
DUKE ENERGY PROGRESS, INC.                   )      Docket Nos. 50-325 and 50-324
                                            )
NORTH CAROLINA EASTERN                       )
MUNICIPAL POWER AGENCY                       )      License Nos. DPR-71 and DPR-62
                                            )
                                            )
Brunswick Steam Electric Plant              )
Units 1 and 2                                )
ORDER APPROVING DIRECT TRANSFER OF LICENSES AND APPROVING CONFORMING AMENDMENTS I.
Duke Energy Progress, Inc. (Duke Energy), and North Carolina Eastern Municipal Power Agency (NCEMPA), are the owners of Brunswick Steam Electric Plant (Brunswick), Unit Nos. 1 and 2. With respect to their ownership, they are co-holders of Renewed Facility Operating License Nos. DPR-71 and DPR-62. The Brunswick facility consists of two General Electric boiling-water reactors and an independent spent fuel storage installation (ISFSI), located in Brunswick County, North Carolina. The ISFSI is licensed under a general license pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50. The facility operating licenses authorize Duke Energy to possess, use, and operate the Brunswick facility.
11.
 
By application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), Duke Energy and NCEMPA requested, pursuant to 10 CFR, Section 50.80 (10 CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of Operating License Nos. DPR-71 and DPR-62 for the Brunswick facility, to the extent currently held by NCEMPA, to co-owner Duke Energy.
The interest in Brunswick held by Duke Energy is 81.67 percent undivided ownership interest and that held by NCEMPA is 18.33 percent undivided ownership interest. Duke Energy is the licensed operator for the facility. Following approval of the proposed direct transfer of control of the licenses, Duke Energy will acquire NCEMPA's ownership interest in the facility and would hold 100 percent of the facility.
The applicant also requested approval of the conforming license amendments that would remove references to NC EM PA in the licenses. The proposed direct transfer of control of the Brunswick operating licenses will not result in any change in the role of Duke Energy as the licensed operator and owner of the licensed facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications.
Approval of the direct transfer of the facility operating licenses was requested by Duke Energy and NCEMPA pursuant to 10 CFR 50.80 and 50.90. A notice entitled, "Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendment," was published in the Federal Register on April 21, 2015 (80 FR 22228). No comments or hearing requests were received.
 
Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that Duke Energy is qualified to hold 100 percent of the license as proposed by the transfer of NCEMPA's 18.33 percent ownership interests, and that the transfer of the licenses is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, and subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendments 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 I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed am.endments will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated July 6, 2015.
111.
Accordingly, pursuant to Sections 161 b, 161 i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sections 2201 (b), 2201 (i), 2201 (o), and 2234; and
 
10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the proposed direct license transfers are approved, subject to the following condition:
: 1. Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer.
IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosure 4 to the cover letter forwarding this order, to reflect the subject direct transfer, are approved. The amendments shall be issued and made effective at the time the proposed direct transfer action is completed.
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed direct transfer action, Duke Energy shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business days prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within 1 year of this order's date of issue, this order shall become null and void. However, upon written application and good cause shown, such date may be extended by order.
This order is effective upon issuance.
For further details with respect to this order, see the initial application dated December 22, 2014 (ADAMS Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10*, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), and the safety evaluation dated July 6, 2015 (ADAMS Accession No. ML15159A632), which are available for public inspection at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01-F21,
 
11555 Rockville Pike, Rockville, Maryland 20852. You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 6th day of July 2015.
FOR THE NUCLEAR REGULATORY COMMISSION
                                        , }W,
                                  ' . (/,/ 1 v
William M. Dean, Director Office of Nuclear Reactor Regulation
 
ENCLOSURE 2 ORDER APPROVING APPLICATION REGARDING DIRECT TRANSFER OF CONTROL OF LICENSES FOR SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, RESULTING FROM TRANSFER OF OWNERSHIP INTERESTS BETWEEN DUKE ENERGY PROGRESS, INC., AND NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY
 
[7590-01-P]
NUCLEAR REGULATORY COMMISSION Docket No. 50-400; License No. NPF-63; NRC-20YY-XXXX In the Matter of Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency; Shearon Harris Nuclear Power Plant, Unit 1 AGENCY: Nuclear Regulatory Commission.
ACTION: Direct transfer of license; order; issuance.
 
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) approving the direct transfer of control of the Renewed Facility Operating License No. NPF-63, and ownership interest for the Shearon Harris Nuclear Power Plant (Harris), Unit 1, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy will become the sole owner of the Harris facility and hold 100 percent ownership of the facility. The conforming license amendment will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance.
DATES: The Order was issued on July 6, 2015, and is effective for 1 year.
ADDRESSES: Please refer to Docket ID NRC-20YY-XXXX> when contacting the NRC about
 
the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
* Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-20YY-XXXX. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-20YY-XXXX. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.
* NRC's Agencywide Documents Access and Management System (ADAMS):
You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.
* NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
* NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2760, e-mail: Martha.Barillas@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 61h day of July 2015. For the Nuclear Regulatory Commission. IRA/ Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation UNITED STATES OF AMERICA NUCLEAR REGULA TORY COMMISSION In the Matter of DUKE ENERGY PROGRESS, INC. NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY Shearon Harris Nuclear Power Plant Unit 1 ) ) ) ) ) ) ) ) ) )
FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
) Docket No. 50-400 License No. NPF-63 ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING AMENDMENT I. Duke Energy Progress, Inc. (Duke Energy), and North Carolina Eastern Municipal Power Agency (NCEMPA), are the owners of Shearon Harris Nuclear Power Plant, Unit 1 (Harris). With respect to their ownership, they are co-holders of Renewed Facility Operating License No. NPF-63. The Harris facility consists of a Westinghouse three-loop pressurized-water reactor located in Wake and Chatham Counties, North Carolina. The facility operating license authorizes Duke Energy to possess, use, and operate the Harris facility. 11. By application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML 15075A 102); June 1, 2015 (ADAMS Accession No. ML 15152A205); June 10*, 2015 (ADAMS Accession No. ML 15161A289); and June 24, 2015 (ADAMS Accession No. ML 15175A036), Duke Energy and NCEMPA requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80 (1 O CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of Operating License No. NPF-63 for the Harris facility, to the extent currently held by NCEMPA, to co-owner Duke Energy. The interest in Harris held by Duke Energy is 83.83 percent undivided ownership interest and that held by NCEMPA is 16.17 percent undivided ownership interest. Duke Energy is the licensed operator for the facility. Following approval of the proposed direct transfer of control of the licenses, Duke Energy would acquire NCEMPA's ownership interest in the facility and would hold 100 percent of the facility. The applicant also requested approval of the conforming license amendment that would remove references to NCEMPA in the license. The proposed direct transfer of control of the Harris operating license will not result in any change in the role of Duke Energy as the licensed operator and owner of the licensed facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications. Approval of the direct transfer of the facility operating license and conforming license amendment was requested by Duke Energy and NCEMPA pursuant to 10 CFR sections 50.80 and 50.90. A notice entitled, "Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendment," was published in the Federal Register on April 21, 2015 (80 FR 22224). No comments or hearing requests were received. Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that Duke Energy is qualified to hold 100 percent of the license as proposed by the transfer of NCEMPA's 16.17 percent ownership interests, and that the transfer of the license is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC and subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment 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 I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated July 6, 2015. 111. Accordingly, pursuant to Sections 161 b, 161 i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sections 2201 (b), 2201 (i), 2201 (o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the proposed direct license transfer is approved, subject to the following condition:
301-415-2760, e-mail: Martha.Barillas@nrc.gov.
1. Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer. IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b ), the license amendment that make changes, as indicated in Enclosure 5 to the cover letter forwarding this order, to reflect the subject direct transfer, is approved. The amendment shall be issued and made effective at the time the proposed direct transfer action is completed. IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed direct transfer action, Duke Energy shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business days prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within 1 year of this order's date of issue, this order shall become null and void. However, upon written application and good cause shown, such date may be extended by order. This order is effective upon issuance. For further details with respect to this order, see the initial application dated December 22, 2014 (ADAMS Accession No. ML 14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML 15075A 102); June 1, 2015 (ADAMS Accession No. ML 15152A205); June 10. 2015 (ADAMS Accession No. ML 15161A289); and June 24, 2015 (ML 15175A036), and the safety evaluation dated July 6, 2015 (ADAMS Accession No. ML 15159A632), which are available for public inspection at the NRC's Public Document Room (PDR), located at One White Flint North, Room 01-F21, 11555 Rockville Pike, Rockville, Maryland 20852. You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland this 6th day of July 2015. FOR THE NUCLEAR REGULATORY COMMISSION / ;* /j,/ 4? I /(fa/V( '-William M. Dean, Director Office of Nuclear Reactor Regulation ENCLOSURE 3 SAFETY EVALUATION UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION FOR DIRECT TRANSFER OF OWNERSHIP INTERESTS FROM NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY TO DUKE ENERGY PROGRESS, INC. FOR RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62 BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 DOCKET NOS. 50-325 AND 50-324 AND RENEWED FACILITY OPERATING LICENSE NO. NPF-63 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, DOCKET NO. 50-400  
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 61h day of July 2015.
For the Nuclear Regulatory Commission.
IRA/
Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation UNITED STATES OF AMERICA NUCLEAR REGULA TORY COMMISSION In the Matter of                             )
                                            )
                                            )
DUKE ENERGY PROGRESS, INC.                   )      Docket No. 50-400
                                            )
NORTH CAROLINA EASTERN                       )
MUNICIPAL POWER AGENCY                       )      License No. NPF-63
                                            )
                                            )
Shearon Harris Nuclear Power Plant           )
Unit 1                                       )
ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING AMENDMENT I.
Duke Energy Progress, Inc. (Duke Energy), and North Carolina Eastern Municipal Power Agency (NCEMPA), are the owners of Shearon Harris Nuclear Power Plant, Unit 1 (Harris).
With respect to their ownership, they are co-holders of Renewed Facility Operating License No. NPF-63. The Harris facility consists of a Westinghouse three-loop pressurized-water reactor located in Wake and Chatham Counties, North Carolina. The facility operating license authorizes Duke Energy to possess, use, and operate the Harris facility.
11.
By application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters
 
dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10*, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), Duke Energy and NCEMPA requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80 (1 O CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of Operating License No. NPF-63 for the Harris facility, to the extent currently held by NCEMPA, to co-owner Duke Energy.
The interest in Harris held by Duke Energy is 83.83 percent undivided ownership interest and that held by NCEMPA is 16.17 percent undivided ownership interest. Duke Energy is the licensed operator for the facility. Following approval of the proposed direct transfer of control of the licenses, Duke Energy would acquire NCEMPA's ownership interest in the facility and would hold 100 percent of the facility.
The applicant also requested approval of the conforming license amendment that would remove references to NCEMPA in the license. The proposed direct transfer of control of the Harris operating license will not result in any change in the role of Duke Energy as the licensed operator and owner of the licensed facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications.
Approval of the direct transfer of the facility operating license and conforming license amendment was requested by Duke Energy and NCEMPA pursuant to 10 CFR sections 50.80 and 50.90. A notice entitled, "Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendment," was published in the Federal Register on April 21, 2015 (80 FR 22224). No comments or hearing requests were received.
Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in
 
writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that Duke Energy is qualified to hold 100 percent of the license as proposed by the transfer of NCEMPA's 16.17 percent ownership interests, and that the transfer of the license is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC and subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment 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 I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated July 6, 2015.
111.
Accordingly, pursuant to Sections 161 b, 161 i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sections 2201 (b), 2201 (i), 2201 (o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the proposed direct license transfer is approved, subject to the following condition:
: 1. Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer.
IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b ), the license amendment that make changes, as indicated in Enclosure 5 to the cover letter forwarding this order, to reflect the subject direct transfer, is approved. The amendment shall be issued and made effective at the time the proposed direct transfer action is completed.
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed direct transfer action, Duke Energy shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business days prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within 1 year of this order's date of issue, this order shall become null and void. However, upon written application and good cause shown, such date may be extended by order.
This order is effective upon issuance.
For further details with respect to this order, see the initial application dated December 22, 2014 (ADAMS Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10. 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ML15175A036), and the safety evaluation dated July 6, 2015 (ADAMS Accession No. ML15159A632), which are available for public inspection at the NRC's Public Document Room (PDR), located at One White Flint North, Room 01-F21, 11555 Rockville Pike, Rockville, Maryland 20852. You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have
 
access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 6th day of July 2015.
FOR THE NUCLEAR REGULATORY COMMISSION I
                                      / ;* /j,/
                                      /(fa/V( (Ud~
4?
                                    '-William M. Dean, Director Office of Nuclear Reactor Regulation
 
ENCLOSURE 3 SAFETY EVALUATION
 
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION FOR DIRECT TRANSFER OF OWNERSHIP INTERESTS FROM NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY TO DUKE ENERGY PROGRESS, INC. FOR RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62 BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 DOCKET NOS. 50-325 AND 50-324 AND RENEWED FACILITY OPERATING LICENSE NO. NPF-63 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, DOCKET NO. 50-400
 
==1.0    INTRODUCTION==
 
Pursuant to Section 184 of the Atomic Energy Act of 1954, as amended (the "Act"), and Title 1O of the Code of Federal Regulations (10 CFR), Section 50.80, Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) (collectively "the applicants" or "the licensee"), by application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036) (hereinafter "the application"), requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of the following licenses to the extent held by NCEMPA, to Duke Energy.
( 1) Brunswick Steam Electric Plant, Units 1 and 2 (Brunswick) (Docket Nos. 50-325 and 50-324), Renewed Facility Operating License Nos. DPR-71 and DPR-62 (2) Shearon Harris Nuclear Power Plant, Unit 1 (Harris) (Docket No. 50-400), Renewed Facility Operating License No. NPF-63 Pursuant to 10 CFR 50.90, Duke Energy also requested NRC approval of conforming amendments for each of the Renewed Facility Operating Licenses (RFOLs) to reflect the proposed transfers, to be issued and made effective at the time the transfers are consummated.
The requested conforming license amendments are administrative in nature and fall within the NRC's generic finding of no significant hazards consideration under 10 CFR 2.1315(a).
 
Duke Energy and NCEMPA are the joint owners of Brunswick and an independent spent fuel storage installation (ISFSI) licensed under a general license pursuant to 10 CFR Part 50, located in Southport, North Carolina, and Harris, located in New Hill, North Carolina.
 
==2.0      BACKGROUND==
 
2.1      Description of the Transaction The license transfer will take place pursuant to the Asset Purchase Agreement (APA), dated September 5, 2014, wherein Duke Energy will purchase, among other assets owned by NCEMPA, NCEMPA's 18.33 percent ownership interest in Brunswick, Unit 1; NCEMPA's 18.33 percent ownership interest in Brunswick, Unit 2, and NCEMPA's 16.17 percent ownership interest in Harris, leaving Duke Energy as the sole owner and licensee for both Brunswick and Harris. Additionally, Duke Energy and NCEMPA entered into a Full Requirements Power Purchase Agreement also, dated September 5, 2014, wherein Duke Energy would meet all of NCEMPA's capacity and energy needs once the asset sale is consummated. As part of the overall transaction, Duke Energy will acquire, in addition to NCEMPA's ownership interests in the joint units, NCEMPA's interests in (i) all related real property; (ii) the nuclear decommissioning trust funds; and all proceeds and rights therein and a related internal fund for nuclear decommissioning; (iii) nuclear fuel inventory purchased for Brunswick and Harris; (iv) spare parts inventory of the joint units and any related support facilities, including equipment, tools, goods, and supplies; and (v) Brunswick and Harris plant permits. The ISFSI partial ownership under 10 CFR Part 50 will also be transferred as part of this transaction.
As described in its December 22, 2014, submittal, Duke Energy is a public utility in North Carolina and South Carolina that provides electric service to residential, commercial, and industrial consumers throughout the two States. Duke Energy currently holds 81.67 percent undivided ownership interests in Brunswick, and is the licensed operator of Brunswick.
Additionally, Duke Energy currently holds 83.83 percent undivided ownership interest in Harris and is the licensed operator of Harris. Duke Energy will acquire ownership of NCEMPA's
: 18. 33 percent interest in Brunswick and 16.17 percent interest in Harris. Duke Energy will be the sole owner and licensee for Brunswick and Harris. The proposed transfers will not change the RFOLs. Duke Energy will retain the operational responsibilities for the Brunswick and Harris facilities. Duke Energy will operate the Brunswick and Harris facilities under the same terms and conditions included in the present operating licenses. No physical changes will be made to Brunswick or Harris as a result of the license transfers, nor will any significant changes in the day-to-day management and operating procedures for Brunswick and Harris be made as a result of the license transfers, or to the operating organizations or personnel.
According to the application, Duke Energy will continue to be a utility regulated by the Federal Energy Regulatory Commission, the North Carolina Utilities Commission, and the Public Service Commission of South Carolina. As such, Duke Energy will continue to be financially qualified to operate, maintain, and decommission the Brunswick and Harris facilities.
 
==3.0    REGULATORY EVALUATION==
 
The applicants' request for approval of the direct transfer of control of the licenses and conforming amendments for Brunswick and Harris, as discussed in this safety evaluation, is made under 10 CFR 50.80 and 10 CFR 50.90. Section 50.80(a) of 10 CFR states, in part:
No license for a production or utilization facility or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing.
In addition, the regulations at 10 CFR 50.80(b) and (c) apply. Section 50.80(b) of 10 CFR states, in part, that an application for a license transfer shall include as much information as described in 10 CFR 50.33, "Contents of Applications; General Information," and 10 CFR 50.34, "Contents of Applications; Technical Information," "with respect to the identity and technical and financial qualifications of the proposed transferee as would be required by those sections if the application were for an initial license."
Section 50.80(c) of 10 CFR states, in part:
[t]he Commission will approve an application for the transfer of a license, if the Commission determines: (1) That the proposed transferee is qualified to be the holder of the license; and (2) That transfer of the license is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.
Section 50.90 of 10 CFR states, in part, whenever a holder of a license, including a construction permit and operating license under this part, desires to amend the license or permit, application for an amendment must be filed with the Commission.
NRC staff applied guidance in NUREG-1577, Revision 1, "Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance," published February 1999, to evaluate whether the financial qualifications of the licensees would be affected by the proposed transfers.
In addressing foreign ownership, control, or domination (FOCD) issues, Sections 103d and 104d of the Act provide, in relevant part, that no license may be issued to the following: "Any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled or dominated by an alien, a foreign corporation or a foreign government."
The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision that implements this statute. NRC staff evaluated the license transfer applications in a manner consistent with the guidance provided in the Standard Review Plan (SRP), "Foreign Ownership, Control, or Domination of applicants for Reactor Licenses," dated June 1999, (hereafter referred to as the ".SRP on FOCD"), to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359).
 
NRC staff also reviewed information that relates to Price-Anderson indemnity agreement requirements, the nuclear property damage insurance requirements under 10 CFR 50.54(w),
and nuclear energy liability insurance required under Section 170 of the Act and 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements."
NUREG-0800, "Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR [Light-Water Reactor] Edition," Chapter 13.1.1, "Management and Technical Support Organization," and Chapter 13.1.2-13.1.3, "Operating Organization," were used for this review.
4.0      FINANCIAL QUALIFICATIONS The applicants stated in the application that Duke Energy is licensed pursuant to Section 103 of the Act and 10 CFR Part 50, to own and operate Brunswick and Harris. The NRC staff notes pursuant to Section 104b of the Act and 10 CFR Part 50, Duke Energy is licensed to possess, use, and operate the Brunswick facility. The NRC staff notes pursuant to Section 103 of the Act and 10 CFR 50, Duke Energy is licensed to possess, use and operate the Harris facility. For financial qualifications, there is no distinction between whether the applicant is licensed pursuant to Section 103 of the Act or pursuant to Section 104b of the Act.
The regulation at 10 CFR 50.33(f) provides that each application shall state the following:
Except for an electric utility applicant for a license to operate a utilization facility of the type described in§ 50.21(b) or§ 50.22, [an application shall state]
information sufficient to demonstrate to the Commission the financial qualification of the applicant to carry out, in accordance with regulations in this chapter, the activities for which the permit or license is sought.
The regulation at 10 CFR 50.2, "Definitions," states, in part, that an electric utility is the following: "Any entity that generates or distributes electricity and which recovers the cost of this electricity, either directly or indirectly, through rates established by the entity itself or by a separate regulatory authority."
As described in its December 22, 2014, application, Duke Energy is, and will remain, an "electric utility" within the meaning of 10 CFR 50.2 following the transfer since it will remain an "entity that generates or distributes electricity and which recovers the cost of this electricity, either directly or indirectly, through rates established by the entity itself or by a separate regulatory authority."
Duke Energy will continue to be regulated by the Federal Energy Regulatory Commission, the North Carolina Utilities Commission, and the Public Service Commission of South Carolina.
Duke Energy will remain subject to cost-of-service ratemaking. Duke Energy will continue to recover costs associated with output from the nuclear stations, including decommissioning costs, through rates for electricity determined by the State regulatory authorities.
Additionally, Duke Energy and NCEMPA entered into a Full Requirements Power Purchase Agreement, dated September 5, 2014, pursuant to which Duke Energy would meet all of NCEMPA's capacity and energy needs once the asset sale is consummated.
 
Based on this information, the NRC staff finds that Duke Energy will continue to meet the definition of "electric utility" set forth in 10 CFR 50.2 and, therefore, no specific demonstration of financial qualifications is required.
 
==5.0      DECOMMISSIONING FUNDING==
 
Pursuant to 10 CFR 50.75(b), a reactor licensee is required to provide decommissioning funding assurance by one or more of the methods described in 10 CFR 50.75(e), as determined to be acceptable by the NRC. The. NRC has determined that the requirement to provide reasonable assurance of decommissioning funding is necessary to ensure the adequate protection of public health and safety. The regulation at 10 CFR 50.33(k) requires that an applicant for an operating license for a utilization facility must demonstrate how reasonable assurance will be provided that funds will be available to decommission the facility.
The regulation at 10 CFR 50. 75(b) also requires, in part, the following:
Each power reactor applicant for or holder of an operating license ... for a production or utilization facility of the type and power level specified in paragraph (c) of this section shall submit a decommissioning report, as required by§ 50.33(k).
Furthermore, the regulation at 10 CFR 50.75(c) provides the "Table of Minimum Amounts (January 1986 dollars) required to demonstrate reasonable assurance of funds for decommissioning by reactor type and power level, P (in MWt [megawatt thermal]); adjustment factor."
Decommissioning Funding Assurance for Brunswick and Harris In accordance with 10 CFR 50. 75(f)(1 ), Duke Energy reported information on the status of decommissioning funding for Brunswick and Harris, as of December 31, 2012, to the NRC, in its decommissioning funding status (DFS) report, dated March 28, 2013 (ADAMS Accession No. ML13093A015). The NRC staff documented its review of the operating plants' DFS reports in SECY-13-0105, "Summary Findings Resulting from the Staff Review of the 2013 Decommissioning Funding Status Reports for Operating Power Reactor Licensees," dated October 2, 2013 (ADAMS Accession No. ML13266A068).
The NRC staff verified the calculations provided by the applicant in the aforementioned DFS report for Brunswick and Harris as of December 31, 2012. Based on its review of the 2012 DFS report, the NRC staff determined that the licensees for Brunswick and Harris were providing adequate decommissioning funding assurance in accordance of the NRC's regulations. Such decommissioning funding assurance reflected the Duke Energy share (81.67 percent) of Brunswick, in combination with the NCEMPA, share (18.33 percent) of Brunswick, and the Duke Energy share (83.3 percent) of Harris, in combination with the NCEMPA share (16.17 percent) of Harris.
In its December 22, 2014, application Duke Energy stated that it will receive NCEMPA's decommissioning trust funds that correspond with the interests in Brunswick and Harris being
 
acquired by Duke Energy. Duke Energy will also continue to maintain its existing decommissioning trust for its current 81.67 percent interest in Brunswick and 83.83 percent interest in Harris. Duke Energy will continue to maintain these external decommissioning funds segregated from its assets and outside of its administrative control in accordance with the requirements of 10 CFR 50.75(e)(1). Decommissioning costs relating to Brunswick and Harris are subject to cost-of-service rate regulation, and as such, will be included in the rates approved by the State regulatory authorities. Contributions to the master trust are made regularly based on collections from this established regulatory charge mechanism. With regard to the additional interests being acquired from NCEMPA, the APA between Duke Energy and NCEMPA requires that existing decommissioning funds, corresponding to the interests in Brunswick and Harris being acquired, be transferred to Duke Energy. Upon closing under the APA, those funds that have accumulated in NCEMPA's external nuclear decommissioning trust funds as of the date of closing will be transferred to Duke Energy's existing non-qualified trust. NCEMPA's DFS for license termination costs as of December 31, 2012, were reported to the NRC in Duke Energy's report dated March 28, 2013 (ADAMS Accession No. ML13093A015). As reported in the filing, as of December 31, 2012, these funds totaled $198,401,080 for Brunswick and $50,612,301 for Harris. Both Duke Energy and NCEMPA currently provide decommissioning funding assurance for their portion of Brunswick and Harris through existing decommissioning trust fund assets, in accordance with 10 CFR 50. 75(e)(1 )(i). Staff evaluated these funding amounts using labor, energy, and low-level waste burial charge data as of December 31, 2014, and it concluded that the current funding amounts exceed NRC minimum decommissioning funding requirements.
NRC staff is currently reviewing the March 2015 DFS reports, and it will make the findings available in a SECY paper in September 2015.
Based on the discussion above, the NRC staff concluded that the applicants have complied with the regulations at 10 CFR 50.75(b) and (c) with respect to providing decommissioning funding assurance for Brunswick and Harris. Accordingly, the staff finds that the direct transfer of control will not affect the decommissioning funding arrangements currently in place for Brunswick and Harris. Based on the discussion above, the NRC staff finds that these arrangements provide reasonable assurance that Duke Energy will have the funds necessary to cover the estimated decommissioning costs of Brunswick and Harris when needed.
6.0      TECHNICAL QUALIFICATIONS The purpose of the technical qualifications evaluation is to ensure that the proposed corporate management is involved with, informed of, and dedicated to the safe operation of the plant and that sufficient, qualified tech!lical resources will be provided to support safe plant operation and maintenance, as well as to evaluate proposed changes to the operating organization that may occur as a result of the license transfers.
6.1      Management and Technical Support Organization The NRC staff reviewed Duke Energy's submittal to determine the acceptability of the facilities' management and technical support organizations to evaluate changes to these organizations as a result of the license transfers. The initial management and technical support organizations were determined to be acceptable by the initial licensing review. Subsequent safety-related changes to these organizations were evaluated with the appropriate methodologies. Therefore,
 
the existing organizations remain acceptable. The NRC staff's review focused on evaluating any changes to the management and technical organizations proposed as a result of the proposed license transfers. The NRC staff evaluated the applicant's submittal using the applicable criteria contained in SRP Section 13.1.1 "Management and Technical Support Organization."
In its application dated December 22, 2014, the applicants stated that there will be no changes in the Duke Energy management team resulting from the proposed license transfers. The applicants also indicated that clear lines of responsibility through the Chief Nuclear Officer will be maintained.
The proposed amendment makes no changes to the existing management and technical support organizations. The staff finds this meets the acceptance criteria in SRP Section 13.1.1 and is, therefore, acceptable.
6.2        Operating Organization The NRC staff reviewed the applicants' submittal to determine the acceptability of the facilities' operating organizations and to evaluate changes to the operating organizations proposed as a result of the license transfers. The initial operating organization was determined to be acceptable by the initial licensing review. Subsequent safety-related changes to the operating organizations should have been evaluated with the appropriate methodology. Therefore, the existing operating organizations remain acceptable. The NRC staff's review focused on evaluating any changes to the operating organization proposed as a result of the transfers. The NRC staff evaluated the applicant's submittal using the applicable criteria contained in SRP Section 13.1.2 - 13.1.3 "Operating Organization."
It its letter dated December 22, 2014, the applicants indicated that there will be no changes in the operating organization resulting from the proposed license transfers. It also noted that there will be no changes in the design or operation of the facilities, nor will there be changes to technical specifications.
Since the operating organizations and personnel responsible for the operation and maintenance of the facilities will not be affected by the license transfers, the NRC staff concludes that Duke Energy's onsite organizations established to operate and maintain the facilities under both normal and off-normal conditions are in accordance with SRP Sections 13.1.2 - 13.1.3.
 
==7.0        ANTITRUST REVIEW==
 
The Act does not require or authorize antitrust review of post-operating license transfer applications (Kansas Gas & Electric Co. (Wolf Creek Generating Station, Unit 1), CLl-99-19, 49 NRC 441 (June 18, 1999). The application here post-dates the issuance of the operating license for the plants under consideration, and therefore, no antitrust review is required or authorized.
 
The NRC staff notes that the present licenses contain various antitrust conditions. No changes to these conditions are required as a result of the proposed license transfers, but instead these conditions can remain in the transferred licenses unmodified.
8.0      FOREIGN OWNERSHIP. CONTROL. OR DOMINATION Sections 103d and 104d of the Act prohibit the NRC from issuing a license for a nuclear power plant to any corporation or other entity if the Commission knows or has reason to believe the plant is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government.
The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision that implements this statute. The NRC evaluated the application in a manner that is consistent with the guidance provided in the SRP, "Foreign Ownership, Control, or Domination of Applicants for Reactor Licenses," dated June 1999 to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359).
In the application, the applicants stated:
Duke Energy is wholly owned by Duke Energy Corporation. The shares of common stock of Duke Energy Corporation are publicly traded and widely held.
The directors and officers of Duke Energy Corporation and Duke Energy are U.S. citizens. Neither Duke Energy Corporation nor Duke Energy is owned, controlled or dominated by any alien, foreign corporation, or foreign government.
In the application, the applicants listed current directors, executive officers, and senior nuclear leaders of Duke Energy. All members are U.S. citizens.
Based on the information pro"vided, the NRC staff does not know or have any reason to believe that Duke Energy will be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government within the meaning of the Act and 10 CFR 50.38.
 
==9.0      NUCLEAR INSURANCE==
AND INDEMNITY Pursuant to the requirements of the Price-Anderson Act (Section 170 of the Act) and the NRC's implementing regulations at 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," the current indemnity agreement must be modified to reflect Duke Energy's amended ownership status resulting from the direct transfer of minority co-owners' shares to Duke Energy. Duke Energy's purchase of the ownership interest in Brunswick and Harris will leave Duke Energy as the sole licensee for both Brunswick and Harris. Duke Energy will also continue to provide and maintain onsite property insurance as specified in 10 CFR 50.54(w), "Conditions of licenses."
The provisions of the Price-Anderson Act (Section 170 of the Act) and 10 CFR Part 140 require that the current indemnity agreement be modified to reflect Duke Energy as the licensee of Brunswick and Harris and update the licensee address. As such, when the conforming
 
amendments are issued, an indemnity agreement will also be issued and made effective concurrent with the transfers, Consistent with NRC practice, the NRC staff will require Duke Energy to provide evidence that it has obtained the appropriate amount of insurance in accordance with 140.11 (a)(4) and 50.54(w), and which is effective concurrent with the issuance date of the NRC's license amendment and amended indemnity agreement. Because the issuance of the amended licenses is directly tied to completion of the proposed direct license transfers, the order approving the transfers will be conditioned as follows:
Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer.
10.0   
 
==SUMMARY==
 
The information contained in the application demonstrates that Duke Energy will continue to possess the requisite qualifications to hold the licenses for, to own, and to operate the respective licensed facilities.
* The proposed direct transfer of control will not result in any change in the role of Duke Energy as the licensed operator of the facilities. No physical changes will be made to the facilities, and there will be no changes in day-to-day operations as a result of the direct transfer of control of the licenses. The direct transfer will not have any adverse impact on the public health and safety and will not be inimical to the common defense and security. The direct transfer of control of the licenses will not result in the licensees becoming owned, controlled, or dominated by a foreign entity.
11.0    CONFORMING AMENDMENTS 11.1    Introduction Duke Energy requested approval of proposed conforming amendments to RFOLs DPR-71, DPR-62, and NPF-63. No physical or operating changes to the facilities are requested.
11.2    Discussion The changes to be made to the licenses are indicated in the conforming amendments in Enclosures 4 and 5 to the cover letter forwarding the NRC staff's order regarding the subject transfers. The changes do no more than accurately reflect the approved transfer actions. The amendments involve no safety concerns and are administrative in nature. Accordingly, the proposed amendments are acceptable.
11.3    State Consultation In accordance with the Commission's regulations, the North Carolina State official was notified of the proposed issuance of the amendment. The State official had no comment.
 
11.4    Conclusion With Respect to the Conforming Amendment The Commission has concluded, based on the considerations discussed above, that (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.
 
==12.0    ENVIRONMENTAL CONSIDERATION==
 
The subject application is for approval of transfer of the three licenses issued by NRC and approval of conforming amendments. Accordingly, the actions involved meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(21 ). Pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be prepared in connection with approval of the application.


==1.0 INTRODUCTION==
==13.0     CONCLUSION==
Pursuant to Section 184 of the Atomic Energy Act of 1954, as amended (the "Act"), and Title 1 O of the Code of Federal Regulations (10 CFR), Section 50.80, Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) (collectively "the applicants" or "the licensee"), by application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML 15075A 102); June 1, 2015 (ADAMS Accession No. ML 15152A205); June 10, 2015 (ADAMS Accession No. ML 15161A289); and June 24, 2015 (ADAMS Accession No. ML 15175A036) (hereinafter "the application"), requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of the following licenses to the extent held by NCEMPA, to Duke Energy. ( 1) Brunswick Steam Electric Plant, Units 1 and 2 (Brunswick) (Docket Nos. 50-325 and 50-324), Renewed Facility Operating License Nos. DPR-71 and DPR-62 (2) Shearon Harris Nuclear Power Plant, Unit 1 (Harris) (Docket No. 50-400), Renewed Facility Operating License No. NPF-63 Pursuant to 10 CFR 50.90, Duke Energy also requested NRC approval of conforming amendments for each of the Renewed Facility Operating Licenses (RFOLs) to reflect the proposed transfers, to be issued and made effective at the time the transfers are consummated. The requested conforming license amendments are administrative in nature and fall within the NRC's generic finding of no significant hazards consideration under 10 CFR 2.1315(a).
Duke Energy and NCEMPA are the joint owners of Brunswick and an independent spent fuel storage installation (ISFSI) licensed under a general license pursuant to 10 CFR Part 50, located in Southport, North Carolina, and Harris, located in New Hill, North Carolina. 2.0 BACKGROUND 2.1 Description of the Transaction The license transfer will take place pursuant to the Asset Purchase Agreement (APA), dated September 5, 2014, wherein Duke Energy will purchase, among other assets owned by NCEMPA, NCEMPA's 18.33 percent ownership interest in Brunswick, Unit 1; NCEMPA's 18.33 percent ownership interest in Brunswick, Unit 2, and NCEMPA's 16.17 percent ownership interest in Harris, leaving Duke Energy as the sole owner and licensee for both Brunswick and Harris. Additionally, Duke Energy and NCEMPA entered into a Full Requirements Power Purchase Agreement also, dated September 5, 2014, wherein Duke Energy would meet all of NCEMPA's capacity and energy needs once the asset sale is consummated. As part of the overall transaction, Duke Energy will acquire, in addition to NCEMPA's ownership interests in the joint units, NCEMPA's interests in (i) all related real property; (ii) the nuclear decommissioning trust funds; and all proceeds and rights therein and a related internal fund for nuclear decommissioning; (iii) nuclear fuel inventory purchased for Brunswick and Harris; (iv) spare parts inventory of the joint units and any related support facilities, including equipment, tools, goods, and supplies; and (v) Brunswick and Harris plant permits. The ISFSI partial ownership under 1 O CFR Part 50 will also be transferred as part of this transaction. As described in its December 22, 2014, submittal, Duke Energy is a public utility in North Carolina and South Carolina that provides electric service to residential, commercial, and industrial consumers throughout the two States. Duke Energy currently holds 81.67 percent undivided ownership interests in Brunswick, and is the licensed operator of Brunswick. Additionally, Duke Energy currently holds 83.83 percent undivided ownership interest in Harris and is the licensed operator of Harris. Duke Energy will acquire ownership of NCEMPA's 18. 33 percent interest in Brunswick and 16.17 percent interest in Harris. Duke Energy will be the sole owner and licensee for Brunswick and Harris. The proposed transfers will not change the RFOLs. Duke Energy will retain the operational responsibilities for the Brunswick and Harris facilities. Duke Energy will operate the Brunswick and Harris facilities under the same terms and conditions included in the present operating licenses. No physical changes will be made to Brunswick or Harris as a result of the license transfers, nor will any significant changes in the day-to-day management and operating procedures for Brunswick and Harris be made as a result of the license transfers, or to the operating organizations or personnel. According to the application, Duke Energy will continue to be a utility regulated by the Federal Energy Regulatory Commission, the North Carolina Utilities Commission, and the Public Service Commission of South Carolina. As such, Duke Energy will continue to be financially qualified to operate, maintain, and decommission the Brunswick and Harris facilities. 


==3.0 REGULATORY EVALUATION==
In view of the foregoing, the NRC staff finds that Duke Energy is qualified to hold the licenses for Brunswick and Harris to the extent proposed in the application, and that the direct transfer of licenses to Duke Energy, as described herein, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission.
The applicants' request for approval of the direct transfer of control of the licenses and conforming amendments for Brunswick and Harris, as discussed in this safety evaluation, is made under 10 CFR 50.80 and 10 CFR 50.90. Section 50.80(a) of 10 CFR states, in part: No license for a production or utilization facility or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing. In addition, the regulations at 10 CFR 50.80(b) and (c) apply. Section 50.80(b) of 10 CFR states, in part, that an application for a license transfer shall include as much information as described in 10 CFR 50.33, "Contents of Applications; General Information," and 10 CFR 50.34, "Contents of Applications; Technical Information," "with respect to the identity and technical and financial qualifications of the proposed transferee as would be required by those sections if the application were for an initial license." Section 50.80(c) of 10 CFR states, in part: [t]he Commission will approve an application for the transfer of a license, if the Commission determines: (1) That the proposed transferee is qualified to be the holder of the license; and (2) That transfer of the license is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. Section 50.90 of 10 CFR states, in part, whenever a holder of a license, including a construction permit and operating license under this part, desires to amend the license or permit, application for an amendment must be filed with the Commission. NRC staff applied guidance in NUREG-1577, Revision 1, "Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance," published February 1999, to evaluate whether the financial qualifications of the licensees would be affected by the proposed transfers. In addressing foreign ownership, control, or domination (FOCD) issues, Sections 103d and 104d of the Act provide, in relevant part, that no license may be issued to the following: "Any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled or dominated by an alien, a foreign corporation or a foreign government." The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision that implements this statute. NRC staff evaluated the license transfer applications in a manner consistent with the guidance provided in the Standard Review Plan (SRP), "Foreign Ownership, Control, or Domination of applicants for Reactor Licenses," dated June 1999, (hereafter referred to as the ".SRP on FOCD"), to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359).
Principal Contributors: Brian D. Green George Lapinsky Kosmas Lois Martha Barillas Date: July 6, 2015
NRC staff also reviewed information that relates to Price-Anderson indemnity agreement requirements, the nuclear property damage insurance requirements under 10 CFR 50.54(w), and nuclear energy liability insurance required under Section 170 of the Act and 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements." NUREG-0800, "Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR [Light-Water Reactor] Edition," Chapter 13.1.1, "Management and Technical Support Organization," and Chapter 13.1.2-13.1.3, "Operating Organization," were used for this review. 4.0 FINANCIAL QUALIFICATIONS The applicants stated in the application that Duke Energy is licensed pursuant to Section 103 of the Act and 10 CFR Part 50, to own and operate Brunswick and Harris. The NRC staff notes pursuant to Section 104b of the Act and 10 CFR Part 50, Duke Energy is licensed to possess, use, and operate the Brunswick facility. The NRC staff notes pursuant to Section 103 of the Act and 10 CFR 50, Duke Energy is licensed to possess, use and operate the Harris facility. For financial qualifications, there is no distinction between whether the applicant is licensed pursuant to Section 103 of the Act or pursuant to Section 104b of the Act. The regulation at 10 CFR 50.33(f) provides that each application shall state the following: Except for an electric utility applicant for a license to operate a utilization facility of the type described in§ 50.21(b) or§ 50.22, [an application shall state] information sufficient to demonstrate to the Commission the financial qualification of the applicant to carry out, in accordance with regulations in this chapter, the activities for which the permit or license is sought. The regulation at 10 CFR 50.2, "Definitions," states, in part, that an electric utility is the following: "Any entity that generates or distributes electricity and which recovers the cost of this electricity, either directly or indirectly, through rates established by the entity itself or by a separate regulatory authority." As described in its December 22, 2014, application, Duke Energy is, and will remain, an "electric utility" within the meaning of 10 CFR 50.2 following the transfer since it will remain an "entity that generates or distributes electricity and which recovers the cost of this electricity, either directly or indirectly, through rates established by the entity itself or by a separate regulatory authority." Duke Energy will continue to be regulated by the Federal Energy Regulatory Commission, the North Carolina Utilities Commission, and the Public Service Commission of South Carolina. Duke Energy will remain subject to cost-of-service ratemaking. Duke Energy will continue to recover costs associated with output from the nuclear stations, including decommissioning costs, through rates for electricity determined by the State regulatory authorities. Additionally, Duke Energy and NCEMPA entered into a Full Requirements Power Purchase Agreement, dated September 5, 2014, pursuant to which Duke Energy would meet all of NCEMPA's capacity and energy needs once the asset sale is consummated.
Based on this information, the NRC staff finds that Duke Energy will continue to meet the definition of "electric utility" set forth in 10 CFR 50.2 and, therefore, no specific demonstration of financial qualifications is required. 5.0 DECOMMISSIONING FUNDING Pursuant to 10 CFR 50.75(b), a reactor licensee is required to provide decommissioning funding assurance by one or more of the methods described in 10 CFR 50.75(e), as determined to be acceptable by the NRC. The. NRC has determined that the requirement to provide reasonable assurance of decommissioning funding is necessary to ensure the adequate protection of public health and safety. The regulation at 10 CFR 50.33(k) requires that an applicant for an operating license for a utilization facility must demonstrate how reasonable assurance will be provided that funds will be available to decommission the facility. The regulation at 10 CFR 50. 75(b) also requires, in part, the following: Each power reactor applicant for or holder of an operating license ... for a production or utilization facility of the type and power level specified in paragraph (c) of this section shall submit a decommissioning report, as required by§ 50.33(k). Furthermore, the regulation at 10 CFR 50.75(c) provides the "Table of Minimum Amounts (January 1986 dollars) required to demonstrate reasonable assurance of funds for decommissioning by reactor type and power level, P (in MWt [megawatt thermal]); adjustment factor." Decommissioning Funding Assurance for Brunswick and Harris In accordance with 10 CFR 50. 75(f)(1 ), Duke Energy reported information on the status of decommissioning funding for Brunswick and Harris, as of December 31, 2012, to the NRC, in its decommissioning funding status (DFS) report, dated March 28, 2013 (ADAMS Accession No. ML 13093A015). The NRC staff documented its review of the operating plants' DFS reports in SECY-13-0105, "Summary Findings Resulting from the Staff Review of the 2013 Decommissioning Funding Status Reports for Operating Power Reactor Licensees," dated October 2, 2013 (ADAMS Accession No. ML 13266A068). The NRC staff verified the calculations provided by the applicant in the aforementioned DFS report for Brunswick and Harris as of December 31, 2012. Based on its review of the 2012 DFS report, the NRC staff determined that the licensees for Brunswick and Harris were providing adequate decommissioning funding assurance in accordance of the NRC's regulations. Such decommissioning funding assurance reflected the Duke Energy share (81.67 percent) of Brunswick, in combination with the NCEMPA, share (18.33 percent) of Brunswick, and the Duke Energy share (83.3 percent) of Harris, in combination with the NCEMPA share (16.17 percent) of Harris. In its December 22, 2014, application Duke Energy stated that it will receive NCEMPA's decommissioning trust funds that correspond with the interests in Brunswick and Harris being acquired by Duke Energy. Duke Energy will also continue to maintain its existing decommissioning trust for its current 81.67 percent interest in Brunswick and 83.83 percent interest in Harris. Duke Energy will continue to maintain these external decommissioning funds segregated from its assets and outside of its administrative control in accordance with the requirements of 10 CFR 50.75(e)(1). Decommissioning costs relating to Brunswick and Harris are subject to cost-of-service rate regulation, and as such, will be included in the rates approved by the State regulatory authorities. Contributions to the master trust are made regularly based on collections from this established regulatory charge mechanism. With regard to the additional interests being acquired from NCEMPA, the APA between Duke Energy and NCEMPA requires that existing decommissioning funds, corresponding to the interests in Brunswick and Harris being acquired, be transferred to Duke Energy. Upon closing under the APA, those funds that have accumulated in NCEMPA's external nuclear decommissioning trust funds as of the date of closing will be transferred to Duke Energy's existing non-qualified trust. NCEMPA's DFS for license termination costs as of December 31, 2012, were reported to the NRC in Duke Energy's report dated March 28, 2013 (ADAMS Accession No. ML 13093A015). As reported in the filing, as of December 31, 2012, these funds totaled $198,401,080 for Brunswick and $50,612,301 for Harris. Both Duke Energy and NCEMPA currently provide decommissioning funding assurance for their portion of Brunswick and Harris through existing decommissioning trust fund assets, in accordance with 10 CFR 50. 75(e)(1 )(i). Staff evaluated these funding amounts using labor, energy, and low-level waste burial charge data as of December 31, 2014, and it concluded that the current funding amounts exceed NRC minimum decommissioning funding requirements. NRC staff is currently reviewing the March 2015 DFS reports, and it will make the findings available in a SECY paper in September 2015. Based on the discussion above, the NRC staff concluded that the applicants have complied with the regulations at 10 CFR 50.75(b) and (c) with respect to providing decommissioning funding assurance for Brunswick and Harris. Accordingly, the staff finds that the direct transfer of control will not affect the decommissioning funding arrangements currently in place for Brunswick and Harris. Based on the discussion above, the NRC staff finds that these arrangements provide reasonable assurance that Duke Energy will have the funds necessary to cover the estimated decommissioning costs of Brunswick and Harris when needed. 6.0 TECHNICAL QUALIFICATIONS The purpose of the technical qualifications evaluation is to ensure that the proposed corporate management is involved with, informed of, and dedicated to the safe operation of the plant and that sufficient, qualified tech!lical resources will be provided to support safe plant operation and maintenance, as well as to evaluate proposed changes to the operating organization that may occur as a result of the license transfers. 6.1 Management and Technical Support Organization The NRC staff reviewed Duke Energy's submittal to determine the acceptability of the facilities' management and technical support organizations to evaluate changes to these organizations as a result of the license transfers. The initial management and technical support organizations were determined to be acceptable by the initial licensing review. Subsequent safety-related changes to these organizations were evaluated with the appropriate methodologies. Therefore, the existing organizations remain acceptable. The NRC staff's review focused on evaluating any changes to the management and technical organizations proposed as a result of the proposed license transfers. The NRC staff evaluated the applicant's submittal using the applicable criteria contained in SRP Section 13.1.1 "Management and Technical Support Organization." In its application dated December 22, 2014, the applicants stated that there will be no changes in the Duke Energy management team resulting from the proposed license transfers. The applicants also indicated that clear lines of responsibility through the Chief Nuclear Officer will be maintained. The proposed amendment makes no changes to the existing management and technical support organizations. The staff finds this meets the acceptance criteria in SRP Section 13.1.1 and is, therefore, acceptable. 6.2 Operating Organization The NRC staff reviewed the applicants' submittal to determine the acceptability of the facilities' operating organizations and to evaluate changes to the operating organizations proposed as a result of the license transfers. The initial operating organization was determined to be acceptable by the initial licensing review. Subsequent safety-related changes to the operating organizations should have been evaluated with the appropriate methodology. Therefore, the existing operating organizations remain acceptable. The NRC staff's review focused on evaluating any changes to the operating organization proposed as a result of the transfers. The NRC staff evaluated the applicant's submittal using the applicable criteria contained in SRP Section 13.1.2 -13.1.3 "Operating Organization." It its letter dated December 22, 2014, the applicants indicated that there will be no changes in the operating organization resulting from the proposed license transfers. It also noted that there will be no changes in the design or operation of the facilities, nor will there be changes to technical specifications. Since the operating organizations and personnel responsible for the operation and maintenance of the facilities will not be affected by the license transfers, the NRC staff concludes that Duke Energy's onsite organizations established to operate and maintain the facilities under both normal and off-normal conditions are in accordance with SRP Sections 13.1.2 -13.1.3. 7.0 ANTITRUST REVIEW The Act does not require or authorize antitrust review of post-operating license transfer applications (Kansas Gas & Electric Co. (Wolf Creek Generating Station, Unit 1), CLl-99-19, 49 NRC 441 (June 18, 1999). The application here post-dates the issuance of the operating license for the plants under consideration, and therefore, no antitrust review is required or authorized.
The NRC staff notes that the present licenses contain various antitrust conditions. No changes to these conditions are required as a result of the proposed license transfers, but instead these conditions can remain in the transferred licenses unmodified. 8.0 FOREIGN OWNERSHIP. CONTROL. OR DOMINATION Sections 103d and 104d of the Act prohibit the NRC from issuing a license for a nuclear power plant to any corporation or other entity if the Commission knows or has reason to believe the plant is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government. The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision that implements this statute. The NRC evaluated the application in a manner that is consistent with the guidance provided in the SRP, "Foreign Ownership, Control, or Domination of Applicants for Reactor Licenses," dated June 1999 to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359). In the application, the applicants stated: Duke Energy is wholly owned by Duke Energy Corporation. The shares of common stock of Duke Energy Corporation are publicly traded and widely held. The directors and officers of Duke Energy Corporation and Duke Energy are U.S. citizens. Neither Duke Energy Corporation nor Duke Energy is owned, controlled or dominated by any alien, foreign corporation, or foreign government. In the application, the applicants listed current directors, executive officers, and senior nuclear leaders of Duke Energy. All members are U.S. citizens. Based on the information pro"vided, the NRC staff does not know or have any reason to believe that Duke Energy will be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government within the meaning of the Act and 10 CFR 50.38. 9.0 NUCLEAR INSURANCE AND INDEMNITY Pursuant to the requirements of the Price-Anderson Act (Section 170 of the Act) and the NRC's implementing regulations at 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," the current indemnity agreement must be modified to reflect Duke Energy's amended ownership status resulting from the direct transfer of minority co-owners' shares to Duke Energy. Duke Energy's purchase of the ownership interest in Brunswick and Harris will leave Duke Energy as the sole licensee for both Brunswick and Harris. Duke Energy will also continue to provide and maintain onsite property insurance as specified in 10 CFR 50.54(w), "Conditions of licenses." The provisions of the Price-Anderson Act (Section 170 of the Act) and 10 CFR Part 140 require that the current indemnity agreement be modified to reflect Duke Energy as the licensee of Brunswick and Harris and update the licensee address. As such, when the conforming amendments are issued, an indemnity agreement will also be issued and made effective concurrent with the transfers, Consistent with NRC practice, the NRC staff will require Duke Energy to provide evidence that it has obtained the appropriate amount of insurance in accordance with 140.11 (a)(4) and 50.54(w), and which is effective concurrent with the issuance date of the NRC's license amendment and amended indemnity agreement. Because the issuance of the amended licenses is directly tied to completion of the proposed direct license transfers, the order approving the transfers will be conditioned as follows: Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer. 10.0 SUMMARY The information contained in the application demonstrates that Duke Energy will continue to possess the requisite qualifications to hold the licenses for, to own, and to operate the respective licensed facilities.
* The proposed direct transfer of control will not result in any change in the role of Duke Energy as the licensed operator of the facilities. No physical changes will be made to the facilities, and there will be no changes in day-to-day operations as a result of the direct transfer of control of the licenses. The direct transfer will not have any adverse impact on the public health and safety and will not be inimical to the common defense and security. The direct transfer of control of the licenses will not result in the licensees becoming owned, controlled, or dominated by a foreign entity. 11.0 CONFORMING AMENDMENTS 11.1 Introduction Duke Energy requested approval of proposed conforming amendments to RFOLs DPR-71, DPR-62, and NPF-63. No physical or operating changes to the facilities are requested. 11.2 Discussion The changes to be made to the licenses are indicated in the conforming amendments in Enclosures 4 and 5 to the cover letter forwarding the NRC staff's order regarding the subject transfers. The changes do no more than accurately reflect the approved transfer actions. The amendments involve no safety concerns and are administrative in nature. Accordingly, the proposed amendments are acceptable. 11.3 State Consultation In accordance with the Commission's regulations, the North Carolina State official was notified of the proposed issuance of the amendment. The State official had no comment. 
-10 -11.4 Conclusion With Respect to the Conforming Amendment The Commission has concluded, based on the considerations discussed above, that (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. 1


==2.0 ENVIRONMENTAL CONSIDERATION==
ENCLOSURE 4 CONFORMING AMENDMENTS TO BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62
The subject application is for approval of transfer of the three licenses issued by NRC and approval of conforming amendments. Accordingly, the actions involved meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(21 ). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with approval of the application. 1


==3.0 CONCLUSION==
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS INC.
In view of the foregoing, the NRC staff finds that Duke Energy is qualified to hold the licenses for Brunswick and Harris to the extent proposed in the application, and that the direct transfer of licenses to Duke Energy, as described herein, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. Principal Contributors: Brian D. Green George Lapinsky Kosmas Lois Martha Barillas Date: July 6, 2015 ENCLOSURE 4 CONFORMING AMENDMENTS TO BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS INC. NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-325 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 1 AMENDMENT TO RENEWED FACILITY OPERA TING LICENSE Amendment No. Renewed License No. DPR-71 1. The Nuclear Regulatory Commission (the Commission) has found that: A. The application for amendment filed by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014; as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 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; 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.
NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-325 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.
2. Accordingly, the license is amended, as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-71 is hereby amended to read as follows: (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications. 3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of issuance.  
Renewed License No. DPR-71
: 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for amendment filed by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014; as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 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; 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, the license is amended, as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-71 is hereby amended to read as follows:
(2)     Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.         , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
: 3.     This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION William M. Dean, Director Office of Nuclear Reactor Regulation


==Attachment:==
==Attachment:==
Changes to the Renewed Facility Operating License No. DPR-71 Date of Issuance: FOR THE NUCLEAR REGULATORY COMMISSION William M. Dean, Director Office of Nuclear Reactor Regulation ATTACHMENT TO LICENSE AMENDMENT NO. RENEWED FACILITY OPERATING LICENSE NO. DPR-71 DOCKET NO. 50-325 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change. Remove Pages Page 2 Page 6 Insert Pages Page2 Page 6 F. The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs, and considering available alternatives, the adverse environmental impacts of license renewal are not so great that preserving the option of license renewal would be unreasonable and the issuance of Renewed Facility Operating License No. DPR-71, subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 (formerly Appendix D to Part 50), of the Commission's regulations and all applicable requirements have been satisfied; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40, and 70, including 10 CFR Section 30.33, 40.32, 70.23 and 70.31. 2. Renewed Facility Operating License No. DPR-71 is hereby issued to Duke Energy Progress, Inc. to read as follows: A. This license applies to the Brunswick Steam Electric Plant, Unit 1, a boiling water reactor and associated equipment (the facility), owned and operated by Duke Energy Progress, Inc. The facility is located on the Cape Fear River, near Southport in Brunswick County, North Carolina, and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 31) and the "Environmental Report" as supplemented and amended. B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Duke Energy Progress, Inc.: (1) Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed license; Renewed License No. DPR-71 Amendment No.
 
(c) Transition License Conditions 1. Before achieving full compliance with 10 CFR 50.48(c), as specified by 2. below, risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in 2. above. 2. The licensee shall implement the modifications to its facility, as described in Table S-1, "Plant Modifications Committed," of Duke letter BSEP 14-0122, dated November 20, 2014, to complete the transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage for each unit after issuance of the safety evaluation. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications 3. The licensee shall complete all implementation items, except item 9, listed in LAR Attachment S, Table S-2, "Implementation Items," of Duke letter BSEP 14-0122, dated November 20, 2014, within 180 days after NRC approval unless the 1801h day falls within an outage window; then, in that case, completion of the implementation items, except item 9, shall occur no later than 60 days after startup from that particular outage. The licensee shall complete implementation of LAR Attachment S, Table S-2, Item 9, within 180 days after the startup of the second refueling outage for each unit after issuance of the safety evaluation. C. This renewed 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions hereafter in effect; and is subject to the additional conditions specified or incorporated below: (1) Maxjmum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2923 megawatts thermal. (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications. For Surveillance Requirements (SRs) that are new in Amendment 203 to Renewed Facility Operating License DPR-71, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 203. For SRs that existed prior to Amendment 203, including SRs with modified acceptance criteria and SRs whose frequency of Renewed License No. DPR-71 Amendment No.
Changes to the Renewed Facility Operating License No. DPR-71 Date of Issuance:
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC. NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-324 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. Renewed License No. DPR-62 1. The Nuclear Regulatory Commission (the Commission) has found that: A. The application for amendment filed by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014; as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 1 O CFR Chapter I; B. The facility wili 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; 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, the license is amended as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-62 is hereby amended to read as follows: (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications. 3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of issuance.  
ATTACHMENT TO LICENSE AMENDMENT NO.
RENEWED FACILITY OPERATING LICENSE NO. DPR-71 DOCKET NO. 50-325 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages                      Insert Pages Page 2                           Page2 Page 6                           Page 6
 
F. The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs, and considering available alternatives, the adverse environmental impacts of license renewal are not so great that preserving the option of license renewal would be unreasonable and the issuance of Renewed Facility Operating License No. DPR-71, subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 (formerly Appendix D to Part 50), of the Commission's regulations and all applicable requirements have been satisfied; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40, and 70, including 10 CFR Section 30.33, 40.32, 70.23 and 70.31.
: 2. Renewed Facility Operating License No. DPR-71 is hereby issued to Duke Energy Progress, Inc. to read as follows:
A. This license applies to the Brunswick Steam Electric Plant, Unit 1, a boiling water reactor and associated equipment (the facility), owned and operated by Duke Energy Progress, Inc. The facility is located on the Cape Fear River, near Southport in Brunswick County, North Carolina, and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 31) and the "Environmental Report" as supplemented and amended.
B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Duke Energy Progress, Inc.:
(1)     Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed license; Renewed License No. DPR-71 Amendment No.
 
(c)     Transition License Conditions
: 1. Before achieving full compliance with 10 CFR 50.48(c), as specified by 2. below, risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in 2. above.
: 2. The licensee shall implement the modifications to its facility, as described in Table S-1, "Plant Modifications Committed," of Duke letter BSEP 14-0122, dated November 20, 2014, to complete the transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage for each unit after issuance of the safety evaluation. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications
: 3. The licensee shall complete all implementation items, except item 9, listed in LAR Attachment S, Table S-2, "Implementation Items," of Duke letter BSEP 14-0122, dated November 20, 2014, within 180 days after NRC approval unless the 1801h day falls within an outage window; then, in that case, completion of the implementation items, except item 9, shall occur no later than 60 days after startup from that particular outage. The licensee shall complete implementation of LAR Attachment S, Table S-2, Item 9, within 180 days after the startup of the second refueling outage for each unit after issuance of the safety evaluation.
C. This renewed 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1)     Maxjmum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2923 megawatts thermal.
(2)     Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.         , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
For Surveillance Requirements (SRs) that are new in Amendment 203 to Renewed Facility Operating License DPR-71, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 203. For SRs that existed prior to Amendment 203, including SRs with modified acceptance criteria and SRs whose frequency of Renewed License No. DPR-71 Amendment No.
 
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC.
NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-324 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.
Renewed License No. DPR-62
: 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for amendment filed by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014; as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 I; B. The facility wili 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; 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, the license is amended as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-62 is hereby amended to read as follows:
(2)     Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.         , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
: 3.     This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION William M. Dean, Director Office of Nuclear Reactor Regulation


==Attachment:==
==Attachment:==
Changes to the Renewed Facility Operating License No. DPR-62 Date of Issuance: FOR THE NUCLEAR REGULATORY COMMISSION William M. Dean, Director Office of Nuclear Reactor Regulation ATTACHMENT TO LICENSE AMENDMENT NO. FACILITY OPERA TING LICENSE NO. DPR-62 DOCKET NO. 50-324 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change. Remove Pages Page 2 Page 6 Insert Pages Page 2 Page 6 F. The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Renewed Facility Operating License No. DPR-62 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; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40, and 70, including 10 CFR Section 30.33, 40.32, and 70.23 and 70.31. 2. Renewed Facility Operating License No. DPR-62 is hereby issued to Duke Energy Progress, Inc. to read as follows: A. This license applies to Brunswick Steam Electric Plant Unit 2, a boiling water reactor and associated equipment {the facility), owned and operated by Duke Energy Progress, Inc. The facility is located on the Cape Fear River, near Southport in Brunswick County, North Carolina, and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 29) and the "Environmental Report" as supplemented and amended {Supplements 1 through 7). B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Duke Energy Progress, Inc.: ( 1) Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed license; (2) Pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; Renewed License No. DPR-62 Amendment No.
 
(c) Transition License Conditions 1. Before achieving full compliance with 1 O CFR 50.48(c), as specified by 2. below, risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in 2. above. 2. The licensee shall implement the modifications to its facility. as described in Table S-1, "Plant Modifications Committed," of Duke letter BSEP 14-0122, dated November 20, 2014, to complete the transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage for each unit after issuance of the safety evaluation. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications. 3. The licensee shall complete all implementation items, except Item 9, listed in LAR Attachment S, Table S-2, "Implementation Items," of Duke letter BSEP 14-0122, dated November 20, 2014, within 180 days after NRC approval unless the 1801h day falls within an outage window; then, in that case, completion of the implementation items, except item 9, shall occur no later than 60 days after startup from that particular outage. The licensee shall complete implementation of LAR Attachment S, Table S-2, Item 9, within 180 days after the startup of the second refueling outage for each unit after issuance of the safety evaluation. C. This renewed 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2923 megawatts (thermal). (2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications. For Surveillance Requirements (SRs) that are new in Amendment 233 to Renewed Facility Operating License DPR-62, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 233. For SRs that existed prior to Amendment 233, Renewed License No. DPR-62 Amendment No.
Changes to the Renewed Facility Operating License No. DPR-62 Date of Issuance:
ENCLOSURE 5 CONFORMING AMENDMENT TO SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, RENEWED FACILITY OPERATING LICENSE NO. NPF-63 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC. NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. License No. NPF-63 1. The Nuclear Regulatory Commission (the Commission) has found that: A. The application for amendment by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014, as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 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; 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, the license is amended, as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-63 is hereby amended to read as follows: (2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. , are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan. 3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of issuance.  
ATTACHMENT TO LICENSE AMENDMENT NO.
FACILITY OPERATING LICENSE NO. DPR-62 DOCKET NO. 50-324 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages                      Insert Pages Page 2                           Page 2 Page 6                           Page 6
 
F. The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Renewed Facility Operating License No. DPR-62 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; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40, and 70, including 10 CFR Section 30.33, 40.32, and 70.23 and 70.31.
: 2. Renewed Facility Operating License No. DPR-62 is hereby issued to Duke Energy Progress, Inc. to read as follows:
A. This license applies to Brunswick Steam Electric Plant Unit 2, a boiling water reactor and associated equipment {the facility), owned and operated by Duke Energy Progress, Inc. The facility is located on the Cape Fear River, near Southport in Brunswick County, North Carolina, and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 29) and the "Environmental Report" as supplemented and amended
{Supplements 1 through 7).
B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Duke Energy Progress, Inc.:
( 1)     Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed license; (2)     Pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; Renewed License No. DPR-62 Amendment No.
 
(c)     Transition License Conditions
: 1. Before achieving full compliance with 10 CFR 50.48(c), as specified by 2. below, risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in 2. above.
: 2. The licensee shall implement the modifications to its facility. as described in Table S-1, "Plant Modifications Committed," of Duke letter BSEP 14-0122, dated November 20, 2014, to complete the transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage for each unit after issuance of the safety evaluation. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications.
: 3. The licensee shall complete all implementation items, except Item 9, listed in LAR Attachment S, Table S-2, "Implementation Items," of Duke letter BSEP 14-0122, dated November 20, 2014, within 180 days after NRC approval unless the 1801h day falls within an outage window; then, in that case, completion of the implementation items, except item 9, shall occur no later than 60 days after startup from that particular outage. The licensee shall complete implementation of LAR Attachment S, Table S-2, Item 9, within 180 days after the startup of the second refueling outage for each unit after issuance of the safety evaluation.
C. This renewed 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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)     Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2923 megawatts (thermal).
(2)     Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.         , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
For Surveillance Requirements (SRs) that are new in Amendment 233 to Renewed Facility Operating License DPR-62, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 233. For SRs that existed prior to Amendment 233, Renewed License No. DPR-62 Amendment No.
 
ENCLOSURE 5 CONFORMING AMENDMENT TO SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, RENEWED FACILITY OPERATING LICENSE NO. NPF-63
 
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC.
NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.
License No. NPF-63
: 1. The Nuclear Regulatory Commission (the Commission) has found that:
A.     The application for amendment by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014, as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 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; 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, the license is amended, as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-63 is hereby amended to read as follows:
(2)       Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No.         , are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
: 3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION William Dean, Director Office of Nuclear Reactor Regulation


==Attachment:==
==Attachment:==
Changes to the Renewed Facility Operating License No. NPF-63 Date of Issuance: FOR THE NUCLEAR REGULATORY COMMISSION William Dean, Director Office of Nuclear Reactor Regulation ATTACHMENT TO LICENSE AMENDMENT NO. RENEWED FACILITY OPERA TING LICENSE NO. NPF-63 DOCKET NO. 50-400 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change. Remove Pages Insert Pages Page 1 Page 1 Page 2 Page 2 Page 3 Page 3 Page 4 Page4 Page 11 Page 11 DUKE ENERGY PROGRESS. INC. DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-63 1. The Nuclear Regulatory Commission (the Commission or the NRC} has found that: A. The application for renewal of the license filed by the Carolina Power & Light Company' (CP&L) for itself complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Shearon Harris Nuclear Power Plant, Unit 1, (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-158 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1); and (2) time-limited aging analysis that have been identified to require review under 1 O CFR 54.21 (c), such that there is reasonable assurance that the activities authorized by the renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.0. below); E. 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 Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D. below); On April 29, 2013, the name "Carolina Power & Light Companyn (CP&L) was changed to "Duke Energy Progress, Inc." Renewed License No. NPF-63 Amendment No.
F. Duke Energy Progress, Inc.' is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this Renewed Facility Operating License No. NPF-63, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; J. 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 1 O CFR Parts 30, 40, and 70. 2. Based on the foregoing findings and the Partial Initial Decisions issued by the Atomic Safety and Licensing Board dated February 20, 1985, August 20, 1985, December 11, 1985, and April 28, 1986, regarding this facility and pursuant to approval by the Nuclear Regulatory Commission at a meeting on January 8, 1987, Facility Operating License No. NPF-63, which supersedes the license for fuel loading and low power testing, License No. NPF-53 issued on October 24, 1986, is hereby issued to Duke Energy Progress, Inc. (the licensee) as follows: A. This license applies to the Shearon Harris Nuclear Power Plant, Unit 1, a pressurized water reactor and associated equipment (the facility) owned and operated by Duke Energy Progress, Inc. The facility is located on the licensee's site in Wake and Chatham Counties, North Carolina, approximately 16 miles southwest of the nearest boundary of Raleigh, and is described in its Final Safety Analysis Report, as supplemented and amended, and in its Environmental Report, as supplemented and amended; *Duke Energy Progress. Inc. has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility. Renewed License No. NPF-63 Amendment No.
B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses: (1) Pursuant to Section 103 of the Act and 1 O CFR Part 50, Duke Energy Progress, Inc. to possess, use, and operate the facility at the designated location in Wake and Chatham Counties, North Carolina, in accordance with the procedures and limitations set forth in this license; (2) Deleted. (3) Pursuant to the Act and 10 CFR Part 70, Duke Energy Progress, Inc. to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Pursuant to the Act and 1 O CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. 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) Pursuant to the Act and 1 O CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility authorized herein; (7) Pursuant to the Act and 1 O CFR Parts 30 and 40, Duke Energy Progress, Inc. to receive, possess and process for release or transfer to the Shearon Harris site such byproduct material as may be produced by the Shearon Harris Energy and Environmental Center; (8) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to receive and possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the Brunswick Steam Electric Plant, Units 1 and 2, and H.B. Robinson Steam Electric Plant, Unit 2. Renewed License No. NPF-63 Amendment No.
C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I 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) Maximum Power Level Duke Energy Progress, Inc. is authorized to operate the facility at reactor core power levels not in excess of 2948 megawatts thermal (100 percent rated core power) in accordance with the conditions specified herein. (2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. , are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan. (3) Antitrust Conditions Duke Energy Progress, Inc. shall comply with the antitrust conditions delineated in Appendix C to this license. (4) Initial Startup Test Program (Section 14)1 Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change. 1 The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition 1s discussed. Renewed License No. NPF-63 Amendment No. 
-11 -(c) The licensee shall maintain appropriate compensatory measures in place until completion of the modifications delineated above. G. Reporting to the Commission Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, Duke Energy Progress, Inc. shall report any violations of the requirements contained in Section 2.C of this license in the following manner: initial notification shall be made within twenty-four (24) hours to the NRC Operations Center via the Emergency Notification System with written follow-up within 30 days in accordance with the procedures described in 10 CFR 50.73 (b), (c) and (e). H. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims. I. The Updated Safety Analysis Report supplement, as revised, submitted pursuant to 10 CFR 54.21 (d), shall be included in the next scheduled update to the Updated Safety Analysis Report required by 10 CFR 50.71(e)(4) following the issuance of this renewed operating license. Until that update is complete, CP&L" may make changes to the programs and activities described in the supplement without prior Commission approval, provided that CP&L" evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section. J. The Updated Safety Analysis Report supplement, as revised, describes certain future activities to be completed prior to the period of extended operation. Duke Energy Progress, Inc. shall complete these activities no later than October 24, 2026, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection. K. All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of American Society for Testing and Materials E 185-82 to the extent practicable for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules. must be approved by the NRC prior to implementation. All capsules placed in storage must be maintained for future inspection. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H. On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc." Renewed License No. NPF-63 Amendment No.
J. t-'1tesa -:.:s -The orders, subject to the conditions described therein (contained in Enclosures 1 and 2), approve the proposed direct ownership transfer pursuant to 10 CFR 50.80 and 50.90. The orders also approve the enclosed conforming license amendments, which will be issued and made effective at the time the transfers are consummated. Enclosure 3 is the NRC staff's safety evaluation (SE) related to the preceding actions. The SE will be placed in the NRC Public Document Room and added to the ADAMS publicly available records system library. Enclosures 4 and 5 are the conforming amendments for the renewed facility operating licenses for Brunswick, Units 1 and 2, and Harris, Unit 1. Notice of the application was published in the Federal Register on April 21, 2015 (80 FR 22224 for Harris, Unit 1, and 80 FR 22228 for Brunswick, Units 1 and 2). The supplemental letters dated June 1, 2015; June 10, 2015; and June 24, 2015, contained clarifying information, did not expand the application beyond the scope of the notice, and did not affect the applicability of the no significant hazards consideration determination. The orders have been forwarded to the Office of the Federal Register for publication. Sincerely, /RAJ Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325, 50-324, and 50-400


==Enclosures:==
Changes to the Renewed Facility Operating License No. NPF-63 Date of Issuance:
1. Order for Brunswick Steam Electric Plant, Units 1 and 2 2. Order for Shearon Harris Nuclear Power Plant, Unit 1 3. Safety Evaluation 4. Conforming License Amendment to License Nos. DPR 71 and DPR-62 5. Conforming License Amendment to License No. NPF-63 cc w/enclosures: Mr. William R. Gideon, VP, Brunswick Mr. Benjamin C. Waldrep, VP, Harris Additional Distribution via Listserv DISTRIBUTION: PUBLIC LPL2-2 Reading RidsNrrOd Resource RidsNrrDorl Resource RidsNrrDraAphb Resource RidsNrrDorlLpl2-2 Resource RidsNrrPMBrunswick Resource RidsNrrLABClayton Resource RidsRgn2MailCenter Resource RidsSecyMailCenter Resource RidsNrrPMShearonHarris MWaters, OEDO RidsNrrDirslfib Resource RidsOgcMailCenter RidsACRS_Mail CTR Resource RidsNrrDorlDpr Resource RidsNrrDssStsb Resource RidsOpaMailCenter Resource SBurnell, OPA LRonewicz, NRR ADAMS Accession Nos.: Transmittal LTR ML15159A632 Brunswick FRN ML15159A677 Brunswick Order ML 15159A602 Shearon Harris FRN ML 15159A690 Shearon Harris Order ML 15159A617 B . kA d ML15159A 1 Sh H . A d ML15159A 27 *b *1 runsw1c men ment 7 5 earon ams men ment 7 >Y e-ma1 OFFICE DORL/LPL2-2/PM DORL/LPL2-2/LA DORL/LPL2-2/LA Tech Editor* DRA/APHB/BC* DI RS/I FIB/BC* NAME MBarillas LRonewicz BClayton (LRonewicz for) JDougherty SWeerakkody ABowers (RTurtil for) DATE 6/10/2015 6/16/2015 6/16/2015 6/11/2015 3/2/2015 6/11/2015 OGC-NLO DOR/LPL/2-2/B NRR/DORL/D(A) OGC-NLO NRR/Director DORL/LPL2-2/PM OFFICE w/changes w/comment NAME BMizuno SHelton (FSaba for) LLund SUttal WDean MBarillas DATE 6/15/2015 6/16/2015 6/17/2015 6/29/2015 7/6/2015 7/6/2015 OFFICIAL RECORD COPY 
 
}}
ATTACHMENT TO LICENSE AMENDMENT NO.
RENEWED FACILITY OPERATING LICENSE NO. NPF-63 DOCKET NO. 50-400 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages                                  Insert Pages Page 1                                        Page 1 Page 2                                        Page 2 Page 3                                        Page 3 Page 4                                        Page4 Page 11                                      Page 11
 
DUKE ENERGY PROGRESS. INC.
DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-63
: 1. The Nuclear Regulatory Commission (the Commission or the NRC} has found that:
A.      The application for renewal of the license filed by the Carolina Power & Light Company' (CP&L) for itself complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Shearon Harris Nuclear Power Plant, Unit 1, (the facility) has been substantially completed in conformity with Construction Permit No.
CPPR-158 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1); and (2) time-limited aging analysis that have been identified to require review under 10 CFR 54.21 (c), such that there is reasonable assurance that the activities authorized by the renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.0. below);
E.      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 Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D. below);
On April 29, 2013, the name "Carolina Power & Light Companyn (CP&L) was changed to "Duke Energy Progress, Inc."
Renewed License No. NPF-63 Amendment No.
 
F.      Duke Energy Progress, Inc.' is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; G.      The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H.      The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; I.      After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this Renewed Facility Operating License No.
NPF-63, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; J.      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 Parts 30, 40, and 70.
: 2. Based on the foregoing findings and the Partial Initial Decisions issued by the Atomic Safety and Licensing Board dated February 20, 1985, August 20, 1985, December 11, 1985, and April 28, 1986, regarding this facility and pursuant to approval by the Nuclear Regulatory Commission at a meeting on January 8, 1987, Facility Operating License No. NPF-63, which supersedes the license for fuel loading and low power testing, License No. NPF-53 issued on October 24, 1986, is hereby issued to Duke Energy Progress, Inc. (the licensee) as follows:
A.      This license applies to the Shearon Harris Nuclear Power Plant, Unit 1, a pressurized water reactor and associated equipment (the facility) owned and operated by Duke Energy Progress, Inc. The facility is located on the licensee's site in Wake and Chatham Counties, North Carolina, approximately 16 miles southwest of the nearest boundary of Raleigh, and is described in its Final Safety Analysis Report, as supplemented and amended, and in its Environmental Report, as supplemented and amended;
*Duke Energy Progress. Inc. has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.
Renewed License No. NPF-63 Amendment No.
 
B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:
(1)    Pursuant to Section 103 of the Act and 10 CFR Part 50, Duke Energy Progress, Inc. to possess, use, and operate the facility at the designated location in Wake and Chatham Counties, North Carolina, in accordance with the procedures and limitations set forth in this license; (2)    Deleted.
(3)    Pursuant to the Act and 10 CFR Part 70, Duke Energy Progress, Inc. to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4)    Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5)    Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. 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)    Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility authorized herein; (7)    Pursuant to the Act and 10 CFR Parts 30 and 40, Duke Energy Progress, Inc. to receive, possess and process for release or transfer to the Shearon Harris site such byproduct material as may be produced by the Shearon Harris Energy and Environmental Center; (8)    Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to receive and possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the Brunswick Steam Electric Plant, Units 1 and 2, and H.B. Robinson Steam Electric Plant, Unit 2.
Renewed License No. NPF-63 Amendment No.
 
C.      This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I 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)    Maximum Power Level Duke Energy Progress, Inc. is authorized to operate the facility at reactor core power levels not in excess of 2948 megawatts thermal (100 percent rated core power) in accordance with the conditions specified herein.
(2)    Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No.              , are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
(3)    Antitrust Conditions Duke Energy Progress, Inc. shall comply with the antitrust conditions delineated in Appendix C to this license.
(4)    Initial Startup Test Program (Section 14) 1 Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.
1 The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition 1s discussed.
Renewed License No. NPF-63 Amendment No.
 
(c)      The licensee shall maintain appropriate compensatory measures in place until completion of the modifications delineated above.
G.      Reporting to the Commission Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, Duke Energy Progress, Inc. shall report any violations of the requirements contained in Section 2.C of this license in the following manner:
initial notification shall be made within twenty-four (24) hours to the NRC Operations Center via the Emergency Notification System with written follow-up within 30 days in accordance with the procedures described in 10 CFR 50.73 (b),
(c) and (e).
H. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.
I. The Updated Safety Analysis Report supplement, as revised, submitted pursuant to 10 CFR 54.21 (d), shall be included in the next scheduled update to the Updated Safety Analysis Report required by 10 CFR 50.71(e)(4) following the issuance of this renewed operating license. Until that update is complete, CP&L" may make changes to the programs and activities described in the supplement without prior Commission approval, provided that CP&L" evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.
J.     The Updated Safety Analysis Report supplement, as revised, describes certain future activities to be completed prior to the period of extended operation. Duke Energy Progress, Inc. shall complete these activities no later than October 24, 2026, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection.
K. All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of American Society for Testing and Materials E 185-82 to the extent practicable for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules. must be approved by the NRC prior to implementation.
All capsules placed in storage must be maintained for future inspection. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.
On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."
Renewed License No. NPF-63 Amendment No.
 
Transmittal LTR ML15159A632                     Brunswick FRN ML15159A677 Brunswick Order ML15159A602 Shearon Harris FRN ML15159A690                        Shearon Harris Order ML15159A617 B runsw1c. kA men d ment ML15159A715        Sh earon Hams    . A men d ment ML15159A727 *b>Y e-ma1*1 OFFICE DORL/LPL2-2/PM     DORL/LPL2-2/LA     DORL/LPL2-2/LA           Tech Editor*     DRA/APHB/BC*     DI RS/I FIB/BC*
NAME     MBarillas       LRonewicz           BClayton (LRonewicz for) JDougherty       SWeerakkody       ABowers (RTurtil for)
DATE     6/10/2015       6/16/2015           6/16/2015                 6/11/2015       3/2/2015         6/11/2015 OGC-NLO         DOR/LPL/2-2/B       NRR/DORL/D(A)             OGC-NLO         NRR/Director     DORL/LPL2-2/PM OFFICE w/changes                                                       w/comment NAME       BMizuno       SHelton (FSaba for) LLund                     SUttal           WDean             MBarillas DATE     6/15/2015       6/16/2015           6/17/2015                 6/29/2015       7/6/2015         7/6/2015}}

Latest revision as of 12:37, 19 March 2020

Letter Approving Direct Transfer of Control of Licenses and Conforming Amendments
ML15159A632
Person / Time
Site: Harris, Brunswick  Duke Energy icon.png
Issue date: 07/06/2015
From: Martha Barillas
Plant Licensing Branch II
To: Pitesa J
Duke Energy Progress
Barillas M
References
TAC MF5505, TAC MF5506, TAC MF5507
Download: ML15159A632 (52)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 6, 2015 Mr. John W. Pitesa Senior Vice President and Chief Nuclear Officer Generation & Transmission Duke Energy 526 South Church St.

Mail Code: EC3XP Charlotte, NC 28202

SUBJECT:

ORDERS APPROVING DIRECT TRANSFER OF CONTROL OF LICENSES AND CONFORMING AMENDMENTS RELATED TO BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, AND SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 (TAC NOS. MF5505, MF5506, AND MF5507)

Dear Mr. Pitesa:

The U.S. Nuclear Regulatory Commission (NRC) staff has completed its review of the application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), requesting approval of the direct transfer of the following licenses:

(1) Brunswick Steam Electric Plant (Brunswick), Units 1 and 2 (Docket Nos. 50-325 and 50-324), Renewed Facility Operating License Nos. DPR-71 and DPR-62 (2) Shearon Harris Nuclear Power Plant (Harris), Unit 1 (Docket No. 50-400), Renewed Facility Operating License No. NPF-63 Pursuant to Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR), Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), requested approval of the direct license transfer of ownership interests from NCEMPA to Duke Energy, leaving Duke Energy as the sole owner of Brunswick, Units 1 and 2, and Harris, Unit 1.

The proposed direct transfer of control will result in no physical changes or operational changes to the Brunswick and Harris facilities. Duke Energy will remain as the licensed operator of the Brunswick and Harris facilities. Pursuant to 10 CFR 50.90, the application also seeks approval of conforming amendments to the Brunswick and Harris renewed facility operating licenses to reflect the transfer of ownership.

J. Pitesa The orders, subject to the conditions described therein (contained in Enclosures 1 and 2),

approve the proposed direct ownership transfer pursuant to 10 CFR 50.80 and 50.90. The orders also approve the enclosed conforming license amendments, which will be issued and made effective at the time the transfers are consummated. is the NRC staff's safety evaluation (SE) related to the preceding actions. The SE will be placed in the NRC Public Document Room and added to the ADAMS publicly available records system library.

Enclosures 4 and 5 are the conforming amendments for the renewed facility operating licenses for Brunswick, Units 1 and 2, and Harris, Unit 1.

Notice of the application was published in the Federal Register on April 21, 2015 (80 FR 22224 for Harris, Unit 1, and 80 FR 22228 for Brunswick, Units 1 and 2). The supplemental letters dated June 1, 2015; June 10, 2015; and June 24, 2015, contained clarifying information, did not expand the application beyond the scope of the notice, and did not affect the applicability of the no significant hazards consideration determination.

The orders have been forwarded to the Office of the Federal Register for publication.

Sincerely, IRA/

Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325, 50-324, and 50-400

Enclosures:

1. Order for Brunswick Steam Electric Plant, Units 1 and 2
2. Order for Shearon Harris Nuclear Power Plant, Unit 1
3. Safety Evaluation
4. Conforming License Amendment to License Nos. DPR 71 and DPR-62
5. Conforming License Amendment to License No. NPF-63 cc w/enclosures:

Mr. William R. Gideon, VP, Brunswick Mr. Benjamin C. Waldrep, VP, Harris Additional Distribution via Listserv

ENCLOSURE 1 ORDER APPROVING APPLICATION REGARDING DIRECT TRANSFER OF CONTROL OF LICENSES FOR BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, RESULTING FROM TRANSFER OF OWNERSHIP INTERESTS BETWEEN DUKE ENERGY PROGRESS, INC., AND NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY

[7590-01-P]

NUCLEAR REGULATORY COMMISSION Docket Nos. 50-325 and 50-324; License Nos. DPR-71 and DPR-62; NRC-20YY-XXXX]

In the.Matter of Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency; Brunswick Steam Electric Plant, Units 1 and 2 AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of licenses; order; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), approving the direct transfer of control of the Renewed Facility Operating License Nos. DPR-71 and DPR-62, and ownership interest for the Brunswick Steam Electric Plant (Brunswick), Units 1 and 2, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy wili become the sole owner of the Brunswick facility and will hold 100 percent ownership of the facility. The conforming license amendments will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance.

DATES: The Order was issued on July 6, 2015, and is effective for one year.

ADDRESSES: Please refer to Docket ID NRC-20YY-XXXX when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

  • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-20YY-XXXX. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
  • NRC's Agencywide Documents Access and Management System (ADAMS):

You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select '.'Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if document is available in ADAMS) is provided the first time that a document is referenced.

  • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:

301-415-2760, e-mail: Martha. Barillas@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

Dated at Rockville, Maryland, this 61h day of July 2015.

For the Nuclear Regulatory Commission.

IRA/

Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation UNITED STATES OF AMERICA NUCLEAR REGULA TORY COMMISSION In the Matter of )

)

)

DUKE ENERGY PROGRESS, INC. ) Docket Nos. 50-325 and 50-324

)

NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY ) License Nos. DPR-71 and DPR-62

)

)

Brunswick Steam Electric Plant )

Units 1 and 2 )

ORDER APPROVING DIRECT TRANSFER OF LICENSES AND APPROVING CONFORMING AMENDMENTS I.

Duke Energy Progress, Inc. (Duke Energy), and North Carolina Eastern Municipal Power Agency (NCEMPA), are the owners of Brunswick Steam Electric Plant (Brunswick), Unit Nos. 1 and 2. With respect to their ownership, they are co-holders of Renewed Facility Operating License Nos. DPR-71 and DPR-62. The Brunswick facility consists of two General Electric boiling-water reactors and an independent spent fuel storage installation (ISFSI), located in Brunswick County, North Carolina. The ISFSI is licensed under a general license pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50. The facility operating licenses authorize Duke Energy to possess, use, and operate the Brunswick facility.

11.

By application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), Duke Energy and NCEMPA requested, pursuant to 10 CFR, Section 50.80 (10 CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of Operating License Nos. DPR-71 and DPR-62 for the Brunswick facility, to the extent currently held by NCEMPA, to co-owner Duke Energy.

The interest in Brunswick held by Duke Energy is 81.67 percent undivided ownership interest and that held by NCEMPA is 18.33 percent undivided ownership interest. Duke Energy is the licensed operator for the facility. Following approval of the proposed direct transfer of control of the licenses, Duke Energy will acquire NCEMPA's ownership interest in the facility and would hold 100 percent of the facility.

The applicant also requested approval of the conforming license amendments that would remove references to NC EM PA in the licenses. The proposed direct transfer of control of the Brunswick operating licenses will not result in any change in the role of Duke Energy as the licensed operator and owner of the licensed facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications.

Approval of the direct transfer of the facility operating licenses was requested by Duke Energy and NCEMPA pursuant to 10 CFR 50.80 and 50.90. A notice entitled, "Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendment," was published in the Federal Register on April 21, 2015 (80 FR 22228). No comments or hearing requests were received.

Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that Duke Energy is qualified to hold 100 percent of the license as proposed by the transfer of NCEMPA's 18.33 percent ownership interests, and that the transfer of the licenses is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, and subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendments 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 I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed am.endments will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated July 6, 2015.

111.

Accordingly, pursuant to Sections 161 b, 161 i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sections 2201 (b), 2201 (i), 2201 (o), and 2234; and

10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the proposed direct license transfers are approved, subject to the following condition:

1. Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer.

IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosure 4 to the cover letter forwarding this order, to reflect the subject direct transfer, are approved. The amendments shall be issued and made effective at the time the proposed direct transfer action is completed.

IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed direct transfer action, Duke Energy shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business days prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within 1 year of this order's date of issue, this order shall become null and void. However, upon written application and good cause shown, such date may be extended by order.

This order is effective upon issuance.

For further details with respect to this order, see the initial application dated December 22, 2014 (ADAMS Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10*, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), and the safety evaluation dated July 6, 2015 (ADAMS Accession No. ML15159A632), which are available for public inspection at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01-F21,

11555 Rockville Pike, Rockville, Maryland 20852. You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html.

Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.

Dated at Rockville, Maryland this 6th day of July 2015.

FOR THE NUCLEAR REGULATORY COMMISSION

, }W,

' . (/,/ 1 v

William M. Dean, Director Office of Nuclear Reactor Regulation

ENCLOSURE 2 ORDER APPROVING APPLICATION REGARDING DIRECT TRANSFER OF CONTROL OF LICENSES FOR SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, RESULTING FROM TRANSFER OF OWNERSHIP INTERESTS BETWEEN DUKE ENERGY PROGRESS, INC., AND NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY

[7590-01-P]

NUCLEAR REGULATORY COMMISSION Docket No. 50-400; License No. NPF-63; NRC-20YY-XXXX In the Matter of Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency; Shearon Harris Nuclear Power Plant, Unit 1 AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order to Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) approving the direct transfer of control of the Renewed Facility Operating License No. NPF-63, and ownership interest for the Shearon Harris Nuclear Power Plant (Harris), Unit 1, to the extent currently held by NCEMPA. As a result of the transaction, Duke Energy will become the sole owner of the Harris facility and hold 100 percent ownership of the facility. The conforming license amendment will remove references to NCEMPA. No physical changes to the facility or operational changes were proposed in the application and Duke Energy will remain as the licensed operator of the facility. This Order is effective upon issuance.

DATES: The Order was issued on July 6, 2015, and is effective for 1 year.

ADDRESSES: Please refer to Docket ID NRC-20YY-XXXX> when contacting the NRC about

the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

  • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-20YY-XXXX. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.
  • NRC's Agencywide Documents Access and Management System (ADAMS):

You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

  • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:

301-415-2760, e-mail: Martha.Barillas@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

Dated at Rockville, Maryland, this 61h day of July 2015.

For the Nuclear Regulatory Commission.

IRA/

Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operator Reactor Licensing Office of Nuclear Reactor Regulation UNITED STATES OF AMERICA NUCLEAR REGULA TORY COMMISSION In the Matter of )

)

)

DUKE ENERGY PROGRESS, INC. ) Docket No. 50-400

)

NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY ) License No. NPF-63

)

)

Shearon Harris Nuclear Power Plant )

Unit 1 )

ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING AMENDMENT I.

Duke Energy Progress, Inc. (Duke Energy), and North Carolina Eastern Municipal Power Agency (NCEMPA), are the owners of Shearon Harris Nuclear Power Plant, Unit 1 (Harris).

With respect to their ownership, they are co-holders of Renewed Facility Operating License No. NPF-63. The Harris facility consists of a Westinghouse three-loop pressurized-water reactor located in Wake and Chatham Counties, North Carolina. The facility operating license authorizes Duke Energy to possess, use, and operate the Harris facility.

11.

By application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters

dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10*, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036), Duke Energy and NCEMPA requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80 (1 O CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of Operating License No. NPF-63 for the Harris facility, to the extent currently held by NCEMPA, to co-owner Duke Energy.

The interest in Harris held by Duke Energy is 83.83 percent undivided ownership interest and that held by NCEMPA is 16.17 percent undivided ownership interest. Duke Energy is the licensed operator for the facility. Following approval of the proposed direct transfer of control of the licenses, Duke Energy would acquire NCEMPA's ownership interest in the facility and would hold 100 percent of the facility.

The applicant also requested approval of the conforming license amendment that would remove references to NCEMPA in the license. The proposed direct transfer of control of the Harris operating license will not result in any change in the role of Duke Energy as the licensed operator and owner of the licensed facility and will not result in any changes to its financial qualifications, decommissioning funding assurance, or technical qualifications.

Approval of the direct transfer of the facility operating license and conforming license amendment was requested by Duke Energy and NCEMPA pursuant to 10 CFR sections 50.80 and 50.90. A notice entitled, "Notice of Consideration of Approval of Transfer of Licenses and Conforming Amendment," was published in the Federal Register on April 21, 2015 (80 FR 22224). No comments or hearing requests were received.

Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in

writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that Duke Energy is qualified to hold 100 percent of the license as proposed by the transfer of NCEMPA's 16.17 percent ownership interests, and that the transfer of the license is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC and subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment 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 I; the facility will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated July 6, 2015.

111.

Accordingly, pursuant to Sections 161 b, 161 i, 161.o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sections 2201 (b), 2201 (i), 2201 (o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the proposed direct license transfer is approved, subject to the following condition:

1. Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer.

IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b ), the license amendment that make changes, as indicated in Enclosure 5 to the cover letter forwarding this order, to reflect the subject direct transfer, is approved. The amendment shall be issued and made effective at the time the proposed direct transfer action is completed.

IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed direct transfer action, Duke Energy shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 2 business days prior to the date of the closing of the direct transfer. Should the proposed direct transfer not be completed within 1 year of this order's date of issue, this order shall become null and void. However, upon written application and good cause shown, such date may be extended by order.

This order is effective upon issuance.

For further details with respect to this order, see the initial application dated December 22, 2014 (ADAMS Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10. 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ML15175A036), and the safety evaluation dated July 6, 2015 (ADAMS Accession No. ML15159A632), which are available for public inspection at the NRC's Public Document Room (PDR), located at One White Flint North, Room 01-F21, 11555 Rockville Pike, Rockville, Maryland 20852. You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have

access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.

Dated at Rockville, Maryland this 6th day of July 2015.

FOR THE NUCLEAR REGULATORY COMMISSION I

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'-William M. Dean, Director Office of Nuclear Reactor Regulation

ENCLOSURE 3 SAFETY EVALUATION

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION FOR DIRECT TRANSFER OF OWNERSHIP INTERESTS FROM NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY TO DUKE ENERGY PROGRESS, INC. FOR RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62 BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 DOCKET NOS. 50-325 AND 50-324 AND RENEWED FACILITY OPERATING LICENSE NO. NPF-63 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, DOCKET NO. 50-400

1.0 INTRODUCTION

Pursuant to Section 184 of the Atomic Energy Act of 1954, as amended (the "Act"), and Title 1O of the Code of Federal Regulations (10 CFR), Section 50.80, Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA) (collectively "the applicants" or "the licensee"), by application dated December 22, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14358A253), as supplemented by letters dated March 4, 2015 (ADAMS Accession No. ML15075A102); June 1, 2015 (ADAMS Accession No. ML15152A205); June 10, 2015 (ADAMS Accession No. ML15161A289); and June 24, 2015 (ADAMS Accession No. ML15175A036) (hereinafter "the application"), requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of the following licenses to the extent held by NCEMPA, to Duke Energy.

( 1) Brunswick Steam Electric Plant, Units 1 and 2 (Brunswick) (Docket Nos. 50-325 and 50-324), Renewed Facility Operating License Nos. DPR-71 and DPR-62 (2) Shearon Harris Nuclear Power Plant, Unit 1 (Harris) (Docket No. 50-400), Renewed Facility Operating License No. NPF-63 Pursuant to 10 CFR 50.90, Duke Energy also requested NRC approval of conforming amendments for each of the Renewed Facility Operating Licenses (RFOLs) to reflect the proposed transfers, to be issued and made effective at the time the transfers are consummated.

The requested conforming license amendments are administrative in nature and fall within the NRC's generic finding of no significant hazards consideration under 10 CFR 2.1315(a).

Duke Energy and NCEMPA are the joint owners of Brunswick and an independent spent fuel storage installation (ISFSI) licensed under a general license pursuant to 10 CFR Part 50, located in Southport, North Carolina, and Harris, located in New Hill, North Carolina.

2.0 BACKGROUND

2.1 Description of the Transaction The license transfer will take place pursuant to the Asset Purchase Agreement (APA), dated September 5, 2014, wherein Duke Energy will purchase, among other assets owned by NCEMPA, NCEMPA's 18.33 percent ownership interest in Brunswick, Unit 1; NCEMPA's 18.33 percent ownership interest in Brunswick, Unit 2, and NCEMPA's 16.17 percent ownership interest in Harris, leaving Duke Energy as the sole owner and licensee for both Brunswick and Harris. Additionally, Duke Energy and NCEMPA entered into a Full Requirements Power Purchase Agreement also, dated September 5, 2014, wherein Duke Energy would meet all of NCEMPA's capacity and energy needs once the asset sale is consummated. As part of the overall transaction, Duke Energy will acquire, in addition to NCEMPA's ownership interests in the joint units, NCEMPA's interests in (i) all related real property; (ii) the nuclear decommissioning trust funds; and all proceeds and rights therein and a related internal fund for nuclear decommissioning; (iii) nuclear fuel inventory purchased for Brunswick and Harris; (iv) spare parts inventory of the joint units and any related support facilities, including equipment, tools, goods, and supplies; and (v) Brunswick and Harris plant permits. The ISFSI partial ownership under 10 CFR Part 50 will also be transferred as part of this transaction.

As described in its December 22, 2014, submittal, Duke Energy is a public utility in North Carolina and South Carolina that provides electric service to residential, commercial, and industrial consumers throughout the two States. Duke Energy currently holds 81.67 percent undivided ownership interests in Brunswick, and is the licensed operator of Brunswick.

Additionally, Duke Energy currently holds 83.83 percent undivided ownership interest in Harris and is the licensed operator of Harris. Duke Energy will acquire ownership of NCEMPA's

18. 33 percent interest in Brunswick and 16.17 percent interest in Harris. Duke Energy will be the sole owner and licensee for Brunswick and Harris. The proposed transfers will not change the RFOLs. Duke Energy will retain the operational responsibilities for the Brunswick and Harris facilities. Duke Energy will operate the Brunswick and Harris facilities under the same terms and conditions included in the present operating licenses. No physical changes will be made to Brunswick or Harris as a result of the license transfers, nor will any significant changes in the day-to-day management and operating procedures for Brunswick and Harris be made as a result of the license transfers, or to the operating organizations or personnel.

According to the application, Duke Energy will continue to be a utility regulated by the Federal Energy Regulatory Commission, the North Carolina Utilities Commission, and the Public Service Commission of South Carolina. As such, Duke Energy will continue to be financially qualified to operate, maintain, and decommission the Brunswick and Harris facilities.

3.0 REGULATORY EVALUATION

The applicants' request for approval of the direct transfer of control of the licenses and conforming amendments for Brunswick and Harris, as discussed in this safety evaluation, is made under 10 CFR 50.80 and 10 CFR 50.90. Section 50.80(a) of 10 CFR states, in part:

No license for a production or utilization facility or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing.

In addition, the regulations at 10 CFR 50.80(b) and (c) apply. Section 50.80(b) of 10 CFR states, in part, that an application for a license transfer shall include as much information as described in 10 CFR 50.33, "Contents of Applications; General Information," and 10 CFR 50.34, "Contents of Applications; Technical Information," "with respect to the identity and technical and financial qualifications of the proposed transferee as would be required by those sections if the application were for an initial license."

Section 50.80(c) of 10 CFR states, in part:

[t]he Commission will approve an application for the transfer of a license, if the Commission determines: (1) That the proposed transferee is qualified to be the holder of the license; and (2) That transfer of the license is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.

Section 50.90 of 10 CFR states, in part, whenever a holder of a license, including a construction permit and operating license under this part, desires to amend the license or permit, application for an amendment must be filed with the Commission.

NRC staff applied guidance in NUREG-1577, Revision 1, "Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance," published February 1999, to evaluate whether the financial qualifications of the licensees would be affected by the proposed transfers.

In addressing foreign ownership, control, or domination (FOCD) issues, Sections 103d and 104d of the Act provide, in relevant part, that no license may be issued to the following: "Any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled or dominated by an alien, a foreign corporation or a foreign government."

The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision that implements this statute. NRC staff evaluated the license transfer applications in a manner consistent with the guidance provided in the Standard Review Plan (SRP), "Foreign Ownership, Control, or Domination of applicants for Reactor Licenses," dated June 1999, (hereafter referred to as the ".SRP on FOCD"), to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359).

NRC staff also reviewed information that relates to Price-Anderson indemnity agreement requirements, the nuclear property damage insurance requirements under 10 CFR 50.54(w),

and nuclear energy liability insurance required under Section 170 of the Act and 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements."

NUREG-0800, "Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR [Light-Water Reactor] Edition," Chapter 13.1.1, "Management and Technical Support Organization," and Chapter 13.1.2-13.1.3, "Operating Organization," were used for this review.

4.0 FINANCIAL QUALIFICATIONS The applicants stated in the application that Duke Energy is licensed pursuant to Section 103 of the Act and 10 CFR Part 50, to own and operate Brunswick and Harris. The NRC staff notes pursuant to Section 104b of the Act and 10 CFR Part 50, Duke Energy is licensed to possess, use, and operate the Brunswick facility. The NRC staff notes pursuant to Section 103 of the Act and 10 CFR 50, Duke Energy is licensed to possess, use and operate the Harris facility. For financial qualifications, there is no distinction between whether the applicant is licensed pursuant to Section 103 of the Act or pursuant to Section 104b of the Act.

The regulation at 10 CFR 50.33(f) provides that each application shall state the following:

Except for an electric utility applicant for a license to operate a utilization facility of the type described in§ 50.21(b) or§ 50.22, [an application shall state]

information sufficient to demonstrate to the Commission the financial qualification of the applicant to carry out, in accordance with regulations in this chapter, the activities for which the permit or license is sought.

The regulation at 10 CFR 50.2, "Definitions," states, in part, that an electric utility is the following: "Any entity that generates or distributes electricity and which recovers the cost of this electricity, either directly or indirectly, through rates established by the entity itself or by a separate regulatory authority."

As described in its December 22, 2014, application, Duke Energy is, and will remain, an "electric utility" within the meaning of 10 CFR 50.2 following the transfer since it will remain an "entity that generates or distributes electricity and which recovers the cost of this electricity, either directly or indirectly, through rates established by the entity itself or by a separate regulatory authority."

Duke Energy will continue to be regulated by the Federal Energy Regulatory Commission, the North Carolina Utilities Commission, and the Public Service Commission of South Carolina.

Duke Energy will remain subject to cost-of-service ratemaking. Duke Energy will continue to recover costs associated with output from the nuclear stations, including decommissioning costs, through rates for electricity determined by the State regulatory authorities.

Additionally, Duke Energy and NCEMPA entered into a Full Requirements Power Purchase Agreement, dated September 5, 2014, pursuant to which Duke Energy would meet all of NCEMPA's capacity and energy needs once the asset sale is consummated.

Based on this information, the NRC staff finds that Duke Energy will continue to meet the definition of "electric utility" set forth in 10 CFR 50.2 and, therefore, no specific demonstration of financial qualifications is required.

5.0 DECOMMISSIONING FUNDING

Pursuant to 10 CFR 50.75(b), a reactor licensee is required to provide decommissioning funding assurance by one or more of the methods described in 10 CFR 50.75(e), as determined to be acceptable by the NRC. The. NRC has determined that the requirement to provide reasonable assurance of decommissioning funding is necessary to ensure the adequate protection of public health and safety. The regulation at 10 CFR 50.33(k) requires that an applicant for an operating license for a utilization facility must demonstrate how reasonable assurance will be provided that funds will be available to decommission the facility.

The regulation at 10 CFR 50. 75(b) also requires, in part, the following:

Each power reactor applicant for or holder of an operating license ... for a production or utilization facility of the type and power level specified in paragraph (c) of this section shall submit a decommissioning report, as required by§ 50.33(k).

Furthermore, the regulation at 10 CFR 50.75(c) provides the "Table of Minimum Amounts (January 1986 dollars) required to demonstrate reasonable assurance of funds for decommissioning by reactor type and power level, P (in MWt [megawatt thermal]); adjustment factor."

Decommissioning Funding Assurance for Brunswick and Harris In accordance with 10 CFR 50. 75(f)(1 ), Duke Energy reported information on the status of decommissioning funding for Brunswick and Harris, as of December 31, 2012, to the NRC, in its decommissioning funding status (DFS) report, dated March 28, 2013 (ADAMS Accession No. ML13093A015). The NRC staff documented its review of the operating plants' DFS reports in SECY-13-0105, "Summary Findings Resulting from the Staff Review of the 2013 Decommissioning Funding Status Reports for Operating Power Reactor Licensees," dated October 2, 2013 (ADAMS Accession No. ML13266A068).

The NRC staff verified the calculations provided by the applicant in the aforementioned DFS report for Brunswick and Harris as of December 31, 2012. Based on its review of the 2012 DFS report, the NRC staff determined that the licensees for Brunswick and Harris were providing adequate decommissioning funding assurance in accordance of the NRC's regulations. Such decommissioning funding assurance reflected the Duke Energy share (81.67 percent) of Brunswick, in combination with the NCEMPA, share (18.33 percent) of Brunswick, and the Duke Energy share (83.3 percent) of Harris, in combination with the NCEMPA share (16.17 percent) of Harris.

In its December 22, 2014, application Duke Energy stated that it will receive NCEMPA's decommissioning trust funds that correspond with the interests in Brunswick and Harris being

acquired by Duke Energy. Duke Energy will also continue to maintain its existing decommissioning trust for its current 81.67 percent interest in Brunswick and 83.83 percent interest in Harris. Duke Energy will continue to maintain these external decommissioning funds segregated from its assets and outside of its administrative control in accordance with the requirements of 10 CFR 50.75(e)(1). Decommissioning costs relating to Brunswick and Harris are subject to cost-of-service rate regulation, and as such, will be included in the rates approved by the State regulatory authorities. Contributions to the master trust are made regularly based on collections from this established regulatory charge mechanism. With regard to the additional interests being acquired from NCEMPA, the APA between Duke Energy and NCEMPA requires that existing decommissioning funds, corresponding to the interests in Brunswick and Harris being acquired, be transferred to Duke Energy. Upon closing under the APA, those funds that have accumulated in NCEMPA's external nuclear decommissioning trust funds as of the date of closing will be transferred to Duke Energy's existing non-qualified trust. NCEMPA's DFS for license termination costs as of December 31, 2012, were reported to the NRC in Duke Energy's report dated March 28, 2013 (ADAMS Accession No. ML13093A015). As reported in the filing, as of December 31, 2012, these funds totaled $198,401,080 for Brunswick and $50,612,301 for Harris. Both Duke Energy and NCEMPA currently provide decommissioning funding assurance for their portion of Brunswick and Harris through existing decommissioning trust fund assets, in accordance with 10 CFR 50. 75(e)(1 )(i). Staff evaluated these funding amounts using labor, energy, and low-level waste burial charge data as of December 31, 2014, and it concluded that the current funding amounts exceed NRC minimum decommissioning funding requirements.

NRC staff is currently reviewing the March 2015 DFS reports, and it will make the findings available in a SECY paper in September 2015.

Based on the discussion above, the NRC staff concluded that the applicants have complied with the regulations at 10 CFR 50.75(b) and (c) with respect to providing decommissioning funding assurance for Brunswick and Harris. Accordingly, the staff finds that the direct transfer of control will not affect the decommissioning funding arrangements currently in place for Brunswick and Harris. Based on the discussion above, the NRC staff finds that these arrangements provide reasonable assurance that Duke Energy will have the funds necessary to cover the estimated decommissioning costs of Brunswick and Harris when needed.

6.0 TECHNICAL QUALIFICATIONS The purpose of the technical qualifications evaluation is to ensure that the proposed corporate management is involved with, informed of, and dedicated to the safe operation of the plant and that sufficient, qualified tech!lical resources will be provided to support safe plant operation and maintenance, as well as to evaluate proposed changes to the operating organization that may occur as a result of the license transfers.

6.1 Management and Technical Support Organization The NRC staff reviewed Duke Energy's submittal to determine the acceptability of the facilities' management and technical support organizations to evaluate changes to these organizations as a result of the license transfers. The initial management and technical support organizations were determined to be acceptable by the initial licensing review. Subsequent safety-related changes to these organizations were evaluated with the appropriate methodologies. Therefore,

the existing organizations remain acceptable. The NRC staff's review focused on evaluating any changes to the management and technical organizations proposed as a result of the proposed license transfers. The NRC staff evaluated the applicant's submittal using the applicable criteria contained in SRP Section 13.1.1 "Management and Technical Support Organization."

In its application dated December 22, 2014, the applicants stated that there will be no changes in the Duke Energy management team resulting from the proposed license transfers. The applicants also indicated that clear lines of responsibility through the Chief Nuclear Officer will be maintained.

The proposed amendment makes no changes to the existing management and technical support organizations. The staff finds this meets the acceptance criteria in SRP Section 13.1.1 and is, therefore, acceptable.

6.2 Operating Organization The NRC staff reviewed the applicants' submittal to determine the acceptability of the facilities' operating organizations and to evaluate changes to the operating organizations proposed as a result of the license transfers. The initial operating organization was determined to be acceptable by the initial licensing review. Subsequent safety-related changes to the operating organizations should have been evaluated with the appropriate methodology. Therefore, the existing operating organizations remain acceptable. The NRC staff's review focused on evaluating any changes to the operating organization proposed as a result of the transfers. The NRC staff evaluated the applicant's submittal using the applicable criteria contained in SRP Section 13.1.2 - 13.1.3 "Operating Organization."

It its letter dated December 22, 2014, the applicants indicated that there will be no changes in the operating organization resulting from the proposed license transfers. It also noted that there will be no changes in the design or operation of the facilities, nor will there be changes to technical specifications.

Since the operating organizations and personnel responsible for the operation and maintenance of the facilities will not be affected by the license transfers, the NRC staff concludes that Duke Energy's onsite organizations established to operate and maintain the facilities under both normal and off-normal conditions are in accordance with SRP Sections 13.1.2 - 13.1.3.

7.0 ANTITRUST REVIEW

The Act does not require or authorize antitrust review of post-operating license transfer applications (Kansas Gas & Electric Co. (Wolf Creek Generating Station, Unit 1), CLl-99-19, 49 NRC 441 (June 18, 1999). The application here post-dates the issuance of the operating license for the plants under consideration, and therefore, no antitrust review is required or authorized.

The NRC staff notes that the present licenses contain various antitrust conditions. No changes to these conditions are required as a result of the proposed license transfers, but instead these conditions can remain in the transferred licenses unmodified.

8.0 FOREIGN OWNERSHIP. CONTROL. OR DOMINATION Sections 103d and 104d of the Act prohibit the NRC from issuing a license for a nuclear power plant to any corporation or other entity if the Commission knows or has reason to believe the plant is owned, controlled, or dominated by an alien, a foreign corporation or a foreign government.

The NRC's regulation at 10 CFR 50.38, "Ineligibility of Certain Applicants," is the regulatory provision that implements this statute. The NRC evaluated the application in a manner that is consistent with the guidance provided in the SRP, "Foreign Ownership, Control, or Domination of Applicants for Reactor Licenses," dated June 1999 to determine whether the applicant is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (64 FR 52357-52359).

In the application, the applicants stated:

Duke Energy is wholly owned by Duke Energy Corporation. The shares of common stock of Duke Energy Corporation are publicly traded and widely held.

The directors and officers of Duke Energy Corporation and Duke Energy are U.S. citizens. Neither Duke Energy Corporation nor Duke Energy is owned, controlled or dominated by any alien, foreign corporation, or foreign government.

In the application, the applicants listed current directors, executive officers, and senior nuclear leaders of Duke Energy. All members are U.S. citizens.

Based on the information pro"vided, the NRC staff does not know or have any reason to believe that Duke Energy will be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government within the meaning of the Act and 10 CFR 50.38.

9.0 NUCLEAR INSURANCE

AND INDEMNITY Pursuant to the requirements of the Price-Anderson Act (Section 170 of the Act) and the NRC's implementing regulations at 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," the current indemnity agreement must be modified to reflect Duke Energy's amended ownership status resulting from the direct transfer of minority co-owners' shares to Duke Energy. Duke Energy's purchase of the ownership interest in Brunswick and Harris will leave Duke Energy as the sole licensee for both Brunswick and Harris. Duke Energy will also continue to provide and maintain onsite property insurance as specified in 10 CFR 50.54(w), "Conditions of licenses."

The provisions of the Price-Anderson Act (Section 170 of the Act) and 10 CFR Part 140 require that the current indemnity agreement be modified to reflect Duke Energy as the licensee of Brunswick and Harris and update the licensee address. As such, when the conforming

amendments are issued, an indemnity agreement will also be issued and made effective concurrent with the transfers, Consistent with NRC practice, the NRC staff will require Duke Energy to provide evidence that it has obtained the appropriate amount of insurance in accordance with 140.11 (a)(4) and 50.54(w), and which is effective concurrent with the issuance date of the NRC's license amendment and amended indemnity agreement. Because the issuance of the amended licenses is directly tied to completion of the proposed direct license transfers, the order approving the transfers will be conditioned as follows:

Duke Energy shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 within 30 days of the transfer.

10.0

SUMMARY

The information contained in the application demonstrates that Duke Energy will continue to possess the requisite qualifications to hold the licenses for, to own, and to operate the respective licensed facilities.

  • The proposed direct transfer of control will not result in any change in the role of Duke Energy as the licensed operator of the facilities. No physical changes will be made to the facilities, and there will be no changes in day-to-day operations as a result of the direct transfer of control of the licenses. The direct transfer will not have any adverse impact on the public health and safety and will not be inimical to the common defense and security. The direct transfer of control of the licenses will not result in the licensees becoming owned, controlled, or dominated by a foreign entity.

11.0 CONFORMING AMENDMENTS 11.1 Introduction Duke Energy requested approval of proposed conforming amendments to RFOLs DPR-71, DPR-62, and NPF-63. No physical or operating changes to the facilities are requested.

11.2 Discussion The changes to be made to the licenses are indicated in the conforming amendments in Enclosures 4 and 5 to the cover letter forwarding the NRC staff's order regarding the subject transfers. The changes do no more than accurately reflect the approved transfer actions. The amendments involve no safety concerns and are administrative in nature. Accordingly, the proposed amendments are acceptable.

11.3 State Consultation In accordance with the Commission's regulations, the North Carolina State official was notified of the proposed issuance of the amendment. The State official had no comment.

11.4 Conclusion With Respect to the Conforming Amendment The Commission has concluded, based on the considerations discussed above, that (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

12.0 ENVIRONMENTAL CONSIDERATION

The subject application is for approval of transfer of the three licenses issued by NRC and approval of conforming amendments. Accordingly, the actions involved meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(21 ). Pursuant to 10 CFR 51.22(b),

no environmental impact statement or environmental assessment need be prepared in connection with approval of the application.

13.0 CONCLUSION

In view of the foregoing, the NRC staff finds that Duke Energy is qualified to hold the licenses for Brunswick and Harris to the extent proposed in the application, and that the direct transfer of licenses to Duke Energy, as described herein, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission.

Principal Contributors: Brian D. Green George Lapinsky Kosmas Lois Martha Barillas Date: July 6, 2015

ENCLOSURE 4 CONFORMING AMENDMENTS TO BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2, RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS INC.

NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-325 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.

Renewed License No. DPR-71

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

A. The application for amendment filed by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014; as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 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; 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, the license is amended, as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-71 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.

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

FOR THE NUCLEAR REGULATORY COMMISSION William M. Dean, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License No. DPR-71 Date of Issuance:

ATTACHMENT TO LICENSE AMENDMENT NO.

RENEWED FACILITY OPERATING LICENSE NO. DPR-71 DOCKET NO. 50-325 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

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F. The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs, and considering available alternatives, the adverse environmental impacts of license renewal are not so great that preserving the option of license renewal would be unreasonable and the issuance of Renewed Facility Operating License No. DPR-71, subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 (formerly Appendix D to Part 50), of the Commission's regulations and all applicable requirements have been satisfied; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40, and 70, including 10 CFR Section 30.33, 40.32, 70.23 and 70.31.

2. Renewed Facility Operating License No. DPR-71 is hereby issued to Duke Energy Progress, Inc. to read as follows:

A. This license applies to the Brunswick Steam Electric Plant, Unit 1, a boiling water reactor and associated equipment (the facility), owned and operated by Duke Energy Progress, Inc. The facility is located on the Cape Fear River, near Southport in Brunswick County, North Carolina, and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 31) and the "Environmental Report" as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Duke Energy Progress, Inc.:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed license; Renewed License No. DPR-71 Amendment No.

(c) Transition License Conditions

1. Before achieving full compliance with 10 CFR 50.48(c), as specified by 2. below, risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in 2. above.
2. The licensee shall implement the modifications to its facility, as described in Table S-1, "Plant Modifications Committed," of Duke letter BSEP 14-0122, dated November 20, 2014, to complete the transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage for each unit after issuance of the safety evaluation. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications
3. The licensee shall complete all implementation items, except item 9, listed in LAR Attachment S, Table S-2, "Implementation Items," of Duke letter BSEP 14-0122, dated November 20, 2014, within 180 days after NRC approval unless the 1801h day falls within an outage window; then, in that case, completion of the implementation items, except item 9, shall occur no later than 60 days after startup from that particular outage. The licensee shall complete implementation of LAR Attachment S, Table S-2, Item 9, within 180 days after the startup of the second refueling outage for each unit after issuance of the safety evaluation.

C. This renewed 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maxjmum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2923 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.

For Surveillance Requirements (SRs) that are new in Amendment 203 to Renewed Facility Operating License DPR-71, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 203. For SRs that existed prior to Amendment 203, including SRs with modified acceptance criteria and SRs whose frequency of Renewed License No. DPR-71 Amendment No.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC.

NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-324 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.

Renewed License No. DPR-62

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

A. The application for amendment filed by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014; as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 I; B. The facility wili 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; 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, the license is amended as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-62 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.

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

FOR THE NUCLEAR REGULATORY COMMISSION William M. Dean, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License No. DPR-62 Date of Issuance:

ATTACHMENT TO LICENSE AMENDMENT NO.

FACILITY OPERATING LICENSE NO. DPR-62 DOCKET NO. 50-324 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages Page 2 Page 2 Page 6 Page 6

F. The licensee is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Renewed Facility Operating License No. DPR-62 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; and J. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40, and 70, including 10 CFR Section 30.33, 40.32, and 70.23 and 70.31.

2. Renewed Facility Operating License No. DPR-62 is hereby issued to Duke Energy Progress, Inc. to read as follows:

A. This license applies to Brunswick Steam Electric Plant Unit 2, a boiling water reactor and associated equipment {the facility), owned and operated by Duke Energy Progress, Inc. The facility is located on the Cape Fear River, near Southport in Brunswick County, North Carolina, and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 29) and the "Environmental Report" as supplemented and amended

{Supplements 1 through 7).

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Duke Energy Progress, Inc.:

( 1) Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility at the designated location in Brunswick County, North Carolina, in accordance with the procedures and limitations set forth in this renewed license; (2) Pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; Renewed License No. DPR-62 Amendment No.

(c) Transition License Conditions

1. Before achieving full compliance with 10 CFR 50.48(c), as specified by 2. below, risk-informed changes to the licensee's fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in 2. above.
2. The licensee shall implement the modifications to its facility. as described in Table S-1, "Plant Modifications Committed," of Duke letter BSEP 14-0122, dated November 20, 2014, to complete the transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage for each unit after issuance of the safety evaluation. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications.
3. The licensee shall complete all implementation items, except Item 9, listed in LAR Attachment S, Table S-2, "Implementation Items," of Duke letter BSEP 14-0122, dated November 20, 2014, within 180 days after NRC approval unless the 1801h day falls within an outage window; then, in that case, completion of the implementation items, except item 9, shall occur no later than 60 days after startup from that particular outage. The licensee shall complete implementation of LAR Attachment S, Table S-2, Item 9, within 180 days after the startup of the second refueling outage for each unit after issuance of the safety evaluation.

C. This renewed 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, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2923 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.

For Surveillance Requirements (SRs) that are new in Amendment 233 to Renewed Facility Operating License DPR-62, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 233. For SRs that existed prior to Amendment 233, Renewed License No. DPR-62 Amendment No.

ENCLOSURE 5 CONFORMING AMENDMENT TO SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, RENEWED FACILITY OPERATING LICENSE NO. NPF-63

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC.

NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.

License No. NPF-63

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

A. The application for amendment by Duke Energy Progress, Inc. and North Carolina Eastern Municipal Power Agency (the licensee), dated December 22, 2014, as supplemented by letters dated March 4, 2015; June 1, 2015; June 10, 2015; and June 24, 2015, 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 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; 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, the license is amended, as indicated in the attachment to this license amendment; and paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-63 is hereby amended to read as follows:

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. , are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

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

FOR THE NUCLEAR REGULATORY COMMISSION William Dean, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License No. NPF-63 Date of Issuance:

ATTACHMENT TO LICENSE AMENDMENT NO.

RENEWED FACILITY OPERATING LICENSE NO. NPF-63 DOCKET NO. 50-400 Replace the following pages of the Renewed Facility Operating License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages Page 1 Page 1 Page 2 Page 2 Page 3 Page 3 Page 4 Page4 Page 11 Page 11

DUKE ENERGY PROGRESS. INC.

DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-63

1. The Nuclear Regulatory Commission (the Commission or the NRC} has found that:

A. The application for renewal of the license filed by the Carolina Power & Light Company' (CP&L) for itself complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Shearon Harris Nuclear Power Plant, Unit 1, (the facility) has been substantially completed in conformity with Construction Permit No.

CPPR-158 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1); and (2) time-limited aging analysis that have been identified to require review under 10 CFR 54.21 (c), such that there is reasonable assurance that the activities authorized by the renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.0. below);

E. 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 Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D. below);

On April 29, 2013, the name "Carolina Power & Light Companyn (CP&L) was changed to "Duke Energy Progress, Inc."

Renewed License No. NPF-63 Amendment No.

F. Duke Energy Progress, Inc.' is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; G. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this Renewed Facility Operating License No.

NPF-63, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; J. 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 Parts 30, 40, and 70.

2. Based on the foregoing findings and the Partial Initial Decisions issued by the Atomic Safety and Licensing Board dated February 20, 1985, August 20, 1985, December 11, 1985, and April 28, 1986, regarding this facility and pursuant to approval by the Nuclear Regulatory Commission at a meeting on January 8, 1987, Facility Operating License No. NPF-63, which supersedes the license for fuel loading and low power testing, License No. NPF-53 issued on October 24, 1986, is hereby issued to Duke Energy Progress, Inc. (the licensee) as follows:

A. This license applies to the Shearon Harris Nuclear Power Plant, Unit 1, a pressurized water reactor and associated equipment (the facility) owned and operated by Duke Energy Progress, Inc. The facility is located on the licensee's site in Wake and Chatham Counties, North Carolina, approximately 16 miles southwest of the nearest boundary of Raleigh, and is described in its Final Safety Analysis Report, as supplemented and amended, and in its Environmental Report, as supplemented and amended;

  • Duke Energy Progress. Inc. has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Renewed License No. NPF-63 Amendment No.

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

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50, Duke Energy Progress, Inc. to possess, use, and operate the facility at the designated location in Wake and Chatham Counties, North Carolina, in accordance with the procedures and limitations set forth in this license; (2) Deleted.

(3) Pursuant to the Act and 10 CFR Part 70, Duke Energy Progress, Inc. to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. 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) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility authorized herein; (7) Pursuant to the Act and 10 CFR Parts 30 and 40, Duke Energy Progress, Inc. to receive, possess and process for release or transfer to the Shearon Harris site such byproduct material as may be produced by the Shearon Harris Energy and Environmental Center; (8) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, Duke Energy Progress, Inc. to receive and possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the Brunswick Steam Electric Plant, Units 1 and 2, and H.B. Robinson Steam Electric Plant, Unit 2.

Renewed License No. NPF-63 Amendment No.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I 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) Maximum Power Level Duke Energy Progress, Inc. is authorized to operate the facility at reactor core power levels not in excess of 2948 megawatts thermal (100 percent rated core power) in accordance with the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. , are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions Duke Energy Progress, Inc. shall comply with the antitrust conditions delineated in Appendix C to this license.

(4) Initial Startup Test Program (Section 14) 1 Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.

1 The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition 1s discussed.

Renewed License No. NPF-63 Amendment No.

(c) The licensee shall maintain appropriate compensatory measures in place until completion of the modifications delineated above.

G. Reporting to the Commission Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, Duke Energy Progress, Inc. shall report any violations of the requirements contained in Section 2.C of this license in the following manner:

initial notification shall be made within twenty-four (24) hours to the NRC Operations Center via the Emergency Notification System with written follow-up within 30 days in accordance with the procedures described in 10 CFR 50.73 (b),

(c) and (e).

H. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I. The Updated Safety Analysis Report supplement, as revised, submitted pursuant to 10 CFR 54.21 (d), shall be included in the next scheduled update to the Updated Safety Analysis Report required by 10 CFR 50.71(e)(4) following the issuance of this renewed operating license. Until that update is complete, CP&L" may make changes to the programs and activities described in the supplement without prior Commission approval, provided that CP&L" evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

J. The Updated Safety Analysis Report supplement, as revised, describes certain future activities to be completed prior to the period of extended operation. Duke Energy Progress, Inc. shall complete these activities no later than October 24, 2026, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection.

K. All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of American Society for Testing and Materials E 185-82 to the extent practicable for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules. must be approved by the NRC prior to implementation.

All capsules placed in storage must be maintained for future inspection. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."

Renewed License No. NPF-63 Amendment No.

Transmittal LTR ML15159A632 Brunswick FRN ML15159A677 Brunswick Order ML15159A602 Shearon Harris FRN ML15159A690 Shearon Harris Order ML15159A617 B runsw1c. kA men d ment ML15159A715 Sh earon Hams . A men d ment ML15159A727 *b>Y e-ma1*1 OFFICE DORL/LPL2-2/PM DORL/LPL2-2/LA DORL/LPL2-2/LA Tech Editor* DRA/APHB/BC* DI RS/I FIB/BC*

NAME MBarillas LRonewicz BClayton (LRonewicz for) JDougherty SWeerakkody ABowers (RTurtil for)

DATE 6/10/2015 6/16/2015 6/16/2015 6/11/2015 3/2/2015 6/11/2015 OGC-NLO DOR/LPL/2-2/B NRR/DORL/D(A) OGC-NLO NRR/Director DORL/LPL2-2/PM OFFICE w/changes w/comment NAME BMizuno SHelton (FSaba for) LLund SUttal WDean MBarillas DATE 6/15/2015 6/16/2015 6/17/2015 6/29/2015 7/6/2015 7/6/2015