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September 15, 1972. Petitioner’s application for Amendment
No. 116 to its operating license with respect to the fuel
assemblies for Cycle 12 was not submitted to the NRC until
January 1990, and the amendment was not issued by the NRC until
May 1990. The fuel assemblies for Cycle 12 were placed in
service in June 1990.
Based on our conclusion that the operating license and
amendments and appendices thereto are not related documents, we
look solely to the power contracts and amendments thereto that
were entered into prior to December 31, 1985. Petitioner
acknowledges in its brief that there were no documented
specifications for the fuel assemblies in the power contracts.
We therefore conclude that the Cycle 12 fuel assemblies do not
qualify as transition property under the supply or service
contract transitional rule set forth in section 204(a)(3) of TRA
1986, because the fuel assemblies were not readily identifiable
with the power contracts or amendments thereto, and the operating
license and amendments and appendices thereto are not related
documents to the power contracts. Thus, we need not decide
whether the Cycle 12 fuel assemblies meet the class life and
placed in service requirements under TRA 1986 sections 203(b) and
211(e) as modified by section 49.
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