Maine Yankee Atomic Power Company - Page 15




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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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