80 FR 18262 - In the Matter of Municipal Electric Authority of Georgia (Vogtle Electric Generating Plant, Units 3 & 4); Order Extending the Date by Which the Direct Transfer of Licenses Is To Be Completed

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range		18262-18263
FR Document		2015-07710
Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18262-18263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07710]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0252; Docket Nos. 52-025 & 52-026; Combined License Nos. NPF-
91 & NPF-92]


In the Matter of Municipal Electric Authority of Georgia (Vogtle 
Electric Generating Plant, Units 3 & 4); Order Extending the Date by 
Which the Direct Transfer of Licenses Is To Be Completed

I

    Georgia Power Company, Oglethorpe Power Corporation, Municipal 
Electric Authority of Georgia (MEAG Power), the City of Dalton, 
Georgia, an incorporated municipality in the State of Georgia citing by 
and through its Board of Water, Light and Sinking Fund Commissioners 
(City of Dalton), and Southern Nuclear Operating Co., Inc. (SNC) 
(collectively, the owners) are holders of combined license (COL) Nos. 
NPF-91 and NPF-92. These COLs authorize SNC to construct, possess, use, 
and operate Vogtle Electric Generating Plant (VEGP), Units 3 and 4, and 
the owners to possess but not operate VEGP, Units 3 and 4. The 
facility, which is currently under construction, is adjacent to 
existing VEGP, Units 1 and 2, on a 3,169-acre coastal plain bluff on 
the southwest side of the Savannah River in eastern Burke County, GA. 
The facility is approximately 15 miles east-northeast of Waynesboro, 
GA, and 26 miles southeast of Augusta, GA.

II

    The U.S. Nuclear Regulatory Commission's (NRC's) order, dated April 
29, 2014, approved three direct transfers of portions of MEAG Power's 
22.7 percent undivided ownership interest in VEGP, Units 3 and 4. Each 
of these three transfers may occur independently of, or in conjunction 
with, the others, as follows:
    (1) Transfer of a 7.6886571 percent undivided interest in VEGP, 
Units 3 and 4, from MEAG Power to MEAG Power SPVM, LLC (Project M);
    (2) transfer of a 9.3466423 percent undivided interest in VEGP, 
Units 3 and 4, from MEAG Power to MEAG Power SPVJ, LLC (Project J); and
    (3) transfer of a 5.6647006 percent undivided interest in VEGP, 
Units 3 and 4, from MEAG Power to MEAG Power SPVP, LCC (Project P).
    The application for the transfers was in connection with the 
finalization of three loans from the U.S. Federal Finance Bank (U.S. 
FFB) or one or more third-party lenders to be guaranteed by the U.S. 
Department of Energy (DOE) through its loan guarantee program for the 
development of advanced nuclear energy facilities. By its terms, the 
April 29, 2014, order stated that, ``Should the transfer of the license 
not be completed within one year of this Order's date of issue, this 
Order shall become null and void, provided, however, that upon written 
application and for good cause shown, such date may be extended by 
order.''

III

    By letter dated February 12, 2015, SNC on behalf of MEAG Power 
requested that the April 29, 2014, order be extended by 6 months, to 
October 29, 2015. SNC, in its February 12, 2015, letter states that:

    Diligent efforts have been made to negotiate the definitive 
financing agreements with the DOE. Those negotiations have, for the 
most part, concluded. However, certain provisions in those 
agreements necessitated amendments to preexisting long term ``cost 
passthrough [sic]'' contracts between MEAG Power and the 
counterparties (offtakers) to those contracts. While those 
negotiations took much longer than MEAG Power anticipated when the 
license transfer application was submitted in December 2013, those 
negotiations have concluded, and amended contracts, dated December 
31, 2014, were executed by MEAG Power and each of the offtakers. In 
addition, on December 23, 2014, MEAG Power's board approved, in 
substantially final form, the definitive financing agreements among 
MEAG Power, the Project Companies, and DOE. All that remains at this 
juncture is the receipt of certain promissory notes and other 
financing documents from the U.S. FFB. At that point, MEAG Power 
will be in a position to cause judicial proceedings to be instituted 
in State court to validate the DOE-guaranteed loans (including the 
definitive agreements) and the new offtake arrangements with the 
project companies and to re-validate the existing arrangements 
(including the bond resolutions and the amended offtake arrangements 
with the offtakers), all of which include a validation of the 
enforceability of all of these arrangements in connection with the 
planned DOE-guaranteed loans. In addition to the validation 
proceedings, DOE must also conclude its internal agency review of 
the definitive agreements, which includes input from the U.S. Office 
of Management and Budget (OMB). While MEAG Power is optimistic that 
the judicial proceedings will result in validation of the agreements 
and amended bond resolutions, which is a condition of the financial 
closing of the DOE-guaranteed loans from the U.S. FFB, and that DOE 
and OMB will favorably review the definitive loan agreements, it is 
difficult to be certain that the final Federal review will be 
concluded and the required State court order will be issued in time 
to support a closing of the transactions by April 29, 2015.

    SNC further states that there have been no changes in the 
information and technical and financial qualifications presented in its 
December 2, 2013, request to transfer the licenses. Moreover, the basis 
for granting that request has not changed and remains valid. The NRC 
staff notes that its basis for approving the transfers of MEAG Power's 
licenses for VEGP, Units 3 and 4, is documented in its safety 
evaluation supporting the April 29, 2014, order. Based on the foregoing 
representations of SNC, the NRC staff concludes that the basis for 
approval has not changed since the issuance of the April 29, 2014, 
order.
    The NRC staff has considered the submittal of February 12, 2015, 
and has determined that good cause has been shown to extend by 6 
months, until October 29, 2015, the date by which the license transfers 
must be completed.

IV

    Accordingly, under Sections 161b, 161i, and 184 of the Act, 42 
U.S.C. Sections 2201(b), 2201(i), and 2234; and under Title 10, 
``Energy,'' of the Code of Federal Regulations Part 50.80, ``Transfers 
of Licenses--Creditors' Rights--Surrender of Licenses,'' It Is Hereby 
Ordered that the order granting the direct license transfer, ``Order 
Approving Transfer of License and Conforming Amendment,'' dated April 
29, 2014, be extended by 6 months, to October 29, 2015. If the proposed 
direct transfer of licenses is not completed by October 29, 2015, this 
order and the

[[Page 18263]]

April 29, 2014, order shall become null and void. However, upon written 
application and for good cause shown, the October 29, 2015, date may be 
extended by further order.
    This order is effective upon issuance. The order of April 29, 2014, 
as modified by this order, remains in full force and effect.
    For further details with respect to this order, see the submittal 
dated February 12, 2015, which is available for public inspection at 
the Commission's Public Document Room (PDR), at One White Flint North, 
11555 Rockville Pike, Room O-1 F21 (First Floor), Rockville, Maryland 
and accessible electronically from the Agencywide Documents Access and 
Management System (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, 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 PDR 
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by 
email to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 27th day of March 2015.

    For The Nuclear Regulatory Commission.
Glenn M. Tracy,
Director, Office of New Reactors.
[FR Doc. 2015-07710 Filed 4-2-15; 8:45 am]
BILLING CODE 7590-01-P
18262 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices

finality provisions. The staff does not, at approximately 15 miles east-northeast of MEAG Power, the Project Companies, and
this time, intend to impose the positions Waynesboro, GA, and 26 miles DOE. All that remains at this juncture is the
represented in the SRP in a manner that southeast of Augusta, GA. receipt of certain promissory notes and other
financing documents from the U.S. FFB. At
is inconsistent with any issue finality that point, MEAG Power will be in a position
II
provisions. If, in the future, the staff to cause judicial proceedings to be instituted
seeks to impose a position in the SRP The U.S. Nuclear Regulatory in State court to validate the DOE-guaranteed
section in a manner that does not Commission’s (NRC’s) order, dated loans (including the definitive agreements)
provide issue finality as described in the April 29, 2014, approved three direct and the new offtake arrangements with the
applicable issue finality provision, then transfers of portions of MEAG Power’s project companies and to re-validate the
the staff must address the criteria for 22.7 percent undivided ownership existing arrangements (including the bond
avoiding issue finality as described in interest in VEGP, Units 3 and 4. Each of resolutions and the amended offtake
arrangements with the offtakers), all of which
the applicable issue finality provision. these three transfers may occur
include a validation of the enforceability of
independently of, or in conjunction all of these arrangements in connection with
III. Congressional Review Act
with, the others, as follows: the planned DOE-guaranteed loans. In
This action is a rule as defined in the (1) Transfer of a 7.6886571 percent addition to the validation proceedings, DOE
Congressional Review Act (5 U.S.C. undivided interest in VEGP, Units 3 and must also conclude its internal agency review
801–808). However, the Office of 4, from MEAG Power to MEAG Power of the definitive agreements, which includes
Management and Budget has not found SPVM, LLC (Project M); input from the U.S. Office of Management
it to be a major rule as defined in the (2) transfer of a 9.3466423 percent and Budget (OMB). While MEAG Power is
Congressional Review Act. optimistic that the judicial proceedings will
undivided interest in VEGP, Units 3 and result in validation of the agreements and
Dated at Rockville, Maryland, this 24th day 4, from MEAG Power to MEAG Power amended bond resolutions, which is a
of March, 2015. For the Nuclear Regulatory SPVJ, LLC (Project J); and condition of the financial closing of the DOE-
Commission. (3) transfer of a 5.6647006 percent guaranteed loans from the U.S. FFB, and that
Joseph Colaccino, undivided interest in VEGP, Units 3 and DOE and OMB will favorably review the
Chief, New Reactor Rulemaking and 4, from MEAG Power to MEAG Power definitive loan agreements, it is difficult to be
Guidance Branch, Division of Advanced SPVP, LCC (Project P). certain that the final Federal review will be
Reactors and Rulemaking, Office of New The application for the transfers was concluded and the required State court order
Reactors. will be issued in time to support a closing
in connection with the finalization of of the transactions by April 29, 2015.
[FR Doc. 2015–07709 Filed 4–2–15; 8:45 am] three loans from the U.S. Federal
BILLING CODE 7590–01–P Finance Bank (U.S. FFB) or one or more SNC further states that there have
third-party lenders to be guaranteed by been no changes in the information and
the U.S. Department of Energy (DOE) technical and financial qualifications
NUCLEAR REGULATORY through its loan guarantee program for presented in its December 2, 2013,
COMMISSION the development of advanced nuclear request to transfer the licenses.
energy facilities. By its terms, the April Moreover, the basis for granting that
[NRC–2008–0252; Docket Nos. 52–025 & 52–
026; Combined License Nos. NPF–91 & 29, 2014, order stated that, ‘‘Should the request has not changed and remains
NPF–92] transfer of the license not be completed valid. The NRC staff notes that its basis
within one year of this Order’s date of for approving the transfers of MEAG
In the Matter of Municipal Electric issue, this Order shall become null and Power’s licenses for VEGP, Units 3 and
Authority of Georgia (Vogtle Electric void, provided, however, that upon 4, is documented in its safety evaluation
Generating Plant, Units 3 & 4); Order written application and for good cause supporting the April 29, 2014, order.
Extending the Date by Which the Direct shown, such date may be extended by Based on the foregoing representations
Transfer of Licenses Is To Be order.’’ of SNC, the NRC staff concludes that the
Completed basis for approval has not changed since
III the issuance of the April 29, 2014,
I
By letter dated February 12, 2015, order.
Georgia Power Company, Oglethorpe SNC on behalf of MEAG Power The NRC staff has considered the
Power Corporation, Municipal Electric requested that the April 29, 2014, order submittal of February 12, 2015, and has
Authority of Georgia (MEAG Power), the be extended by 6 months, to October 29, determined that good cause has been
City of Dalton, Georgia, an incorporated 2015. SNC, in its February 12, 2015, shown to extend by 6 months, until
municipality in the State of Georgia letter states that: October 29, 2015, the date by which the
citing by and through its Board of license transfers must be completed.
Water, Light and Sinking Fund Diligent efforts have been made to
Commissioners (City of Dalton), and negotiate the definitive financing agreements IV
with the DOE. Those negotiations have, for Accordingly, under Sections 161b,
Southern Nuclear Operating Co., Inc.
the most part, concluded. However, certain
(SNC) (collectively, the owners) are provisions in those agreements necessitated
161i, and 184 of the Act, 42 U.S.C.
holders of combined license (COL) Nos. amendments to preexisting long term ‘‘cost Sections 2201(b), 2201(i), and 2234; and
NPF–91 and NPF–92. These COLs passthrough [sic]’’ contracts between MEAG under Title 10, ‘‘Energy,’’ of the Code of
authorize SNC to construct, possess, Power and the counterparties (offtakers) to Federal Regulations Part 50.80,
use, and operate Vogtle Electric those contracts. While those negotiations ‘‘Transfers of Licenses—Creditors’
Generating Plant (VEGP), Units 3 and 4, took much longer than MEAG Power Rights—Surrender of Licenses,’’ It Is
asabaliauskas on DSK5VPTVN1PROD with NOTICES

and the owners to possess but not anticipated when the license transfer Hereby Ordered that the order granting
operate VEGP, Units 3 and 4. The application was submitted in December 2013, the direct license transfer, ‘‘Order
those negotiations have concluded, and Approving Transfer of License and
facility, which is currently under
amended contracts, dated December 31,
construction, is adjacent to existing 2014, were executed by MEAG Power and
Conforming Amendment,’’ dated April
VEGP, Units 1 and 2, on a 3,169-acre each of the offtakers. In addition, on 29, 2014, be extended by 6 months, to
coastal plain bluff on the southwest side December 23, 2014, MEAG Power’s board October 29, 2015. If the proposed direct
of the Savannah River in eastern Burke approved, in substantially final form, the transfer of licenses is not completed by
County, GA. The facility is definitive financing agreements among October 29, 2015, this order and the

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Document Created: 2015-12-18 15:29:15
Document Modified: 2015-12-18 15:29:15
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 18262