80 FR 51326 - In the Matter of Entergy Louisiana, LLC; Waterford Steam Electric Station, Unit 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range51326-51328
FR Document2015-20869

The U.S. Nuclear Regulatory Commission (NRC) is issuing an order to permit the direct transfer of Facility Operating License No. NPF-38 for Waterford Steam Electric Station, Unit 3 (Waterford), to a newly formed limited liability company named Entergy Louisiana, LLC. The new owner licensee has the same name as the previous owner licensee. In addition, the applicants requested the NRC's consent to approve an associated indirect license transfer of Waterford to the extent that such indirect transfer would be affected by a new intermediary holding company. Entergy Corporation will remain as the ultimate parent company, but a new intermediate company, Entergy Utility Holding Company, LLC, a Texas limited liability company, will be the direct parent company of the newly formed Entergy Louisiana, LLC.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015)
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51326-51328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20869]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-382; License No. NPF-38; NRC-2014-0258]


In the Matter of Entergy Louisiana, LLC; Waterford Steam Electric 
Station, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct and indirect transfer of license; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order to permit the direct transfer of Facility Operating License No. 
NPF-38 for Waterford Steam Electric Station, Unit 3 (Waterford), to a 
newly formed limited liability company named Entergy Louisiana, LLC. 
The new owner licensee has the same name as the previous owner 
licensee. In addition, the applicants requested the NRC's consent to 
approve an associated indirect license transfer of Waterford to the 
extent that such indirect transfer would be affected by a new 
intermediary holding company. Entergy Corporation will remain as the 
ultimate parent company, but a new intermediate company, Entergy 
Utility Holding Company, LLC, a Texas limited liability company, will 
be the direct parent company of the newly formed Entergy Louisiana, 
LLC.

DATES: The Order was issued on August 14, 2015, and is effective for 
one year.

ADDRESSES: Please refer to Docket ID NRC-2014-0258 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-2014-0258. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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

[[Page 51327]]

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 email to [email protected]. The 
ADAMS accession number for each document referenced (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 O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Alan B. Wang, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1445; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland this 14 day of August, 2015.

    For the Nuclear Regulatory Commission.

A. Louise Lund,

Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

Attachment--Order Approving Direct and Indirect Transfers of License 
United States of America Nuclear Regulatory CommissionIn the Matter of 
Entergy Louisiana, LLC; Waterford Steam Electric Station, Unit 3 Docket 
No. 50-382, License No. NPF-38Order Approving Direct and Indirect 
Transfers of License

I

    Entergy Louisiana, LLC (ELL) and Entergy Operations, Inc. (EOI) 
(the licensees), are co-holders of Facility Operating License (FOL) No. 
NPF-38 for the Waterford Steam Electric Station, Unit 3 (Waterford). 
ELL is the licensed owner, and EOI is licensed operator and is 
authorized to possess, use, and operate Waterford, which is located in 
St. Charles Parish, Louisiana.
    Entergy Gulf States Louisiana, L.L.C. (EGSL) and EOI (the 
licensees), are co-holders of FOL No. NPF-47 for the River Bend 
Station, Unit No. 1 (RBS). EGSL is the licensed owner, and EOI is the 
licensed operator and is authorized to possess, use, and operate RBS 
which is located in West Feliciana Parish, Louisiana.

II

    By application dated June 10, 2014, as supplemented by letters 
dated October 9, 2014, December 31, 2014, and January 30, 2015, EOI 
requested on behalf of itself, ELL, EGSL, and their parent companies 
(together, the Applicants), under Section 50.80, ``Transfer of 
licenses,'' of Title 10 of the Code of Federal Regulations (10 CFR), 
that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct 
transfers of the operating licenses for Waterford and RBS to a new 
limited liability company named Entergy Louisiana, LLC. The newly 
formed company has maintained the same name as the current owner of 
Waterford; Entergy Louisiana, LLC. (To distinguish between the two 
companies, ``ELL'' will only be used when referencing the current owner 
of Waterford.) In addition, the Applicants requested the NRC's consent 
to the associated indirect license transfers of RBS and Waterford due 
to the creation of a new intermediary holding company. The license 
transfers are necessary to support the corporate reorganization to 
permit the combination of the assets and liabilities of two utility 
operating companies, which are subsidiaries of Entergy Corporation 
(Entergy). Entergy will remain as the ultimate parent company, but a 
new intermediate company, Entergy Utility Holding Company, LLC, a Texas 
limited liability company, will become the direct parent company of the 
newly formed Entergy Louisiana, LLC. When the transactions are 
completed, the newly formed Entergy Louisiana, LLC will acquire 100 
percent ownership of RBS and Waterford. EOI will remain responsible for 
the operation and maintenance of RBS and Waterford. The transaction 
will also result in the transfer of the general license for the 
Waterford independent spent fuel storage installation held by the 
Applicants under 10 CFR Part 50.
    No physical changes to the Waterford facility or operational 
changes are being proposed in the application.
    Approval of the direct and indirect license transfers of the FOLs 
was requested by EOI, acting on behalf of ELL, as well as their parent 
companies and itself. A notice entitled, ``River Bend Station, Unit 1, 
and Waterford Steam Electric Station, Unit 3; Consideration of Approval 
of Transfer of License and Conforming Amendment,'' was published in the 
Federal Register on December 3, 2014 (79 FR 71803). The NRC has 
received two comments from the public. No hearing requests or petitions 
to intervene 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 licensees' application, and other 
information before the Commission, relying upon the representations and 
agreements contained in the application, the NRC staff has determined 
that the newly formed Entergy Louisiana, LLC, is qualified to acquire 
and directly hold the ownership interest under FOL No. NPF-38 for 
Waterford as described in the application, and has further determined 
that both the direct and indirect transfers of control of the subject 
license, as described in the application, are otherwise consistent with 
the applicable provisions of law, regulations, and orders issued by the 
NRC, pursuant thereto, subject to the conditions set forth below.
    The findings set forth above are supported by a safety evaluation 
dated August 14, 2015.

III

    Accordingly, under Sections 161b, 161i, 161o, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. Sections 2201(b), 2201(i), 
2201(o), and 2234; and 10 CFR 50.80, it is hereby ordered that the 
application for the direct and indirect license transfers related to 
the proposed corporate restructuring, in connection with the merger of 
EGSL and ELL is approved, subject to the following condition:
    1. Before completion of the proposed transaction, Entergy 
Operations, Inc. shall provide the Director of the Office of Nuclear 
Reactor Regulation satisfactory documentary evidence that the newly 
formed Entergy Louisiana, LLC has obtained the appropriate amount of 
insurance required of the licensees under 10 CFR Part 140, ``Financial 
Protection Requirements and Indemnity Agreements,'' of the Commission's 
regulations.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed direct transfer action, EOI shall inform the 
Director of the Office of Nuclear Reactor Regulation in writing of such 
receipt, and of the date of closing, no later than 1 business day 
before the closing of the direct transfer. Should the proposed direct 
transfer not be completed within 1 year of this Order's date of 
issuance, 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 June 10, 2014 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML14161A698), as supplemented 
by letters dated October 9, 2014, December 31, 2014, and January 30, 
2015 (ADAMS

[[Page 51328]]

Accession Nos. ML15154B588, ML14365A404, and ML15030A495, 
respectively), and the safety evaluation dated the same date as this 
Order (ADAMS Accession No. ML15138A440), which are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library 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 PDR 
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by 
email to [email protected].

    Dated at Rockville, Maryland this 14 day of August 2015.

    For the Nuclear Regulatory Commission.

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2015-20869 Filed 8-21-15; 8:45 am]
BILLING CODE 7590-01-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDirect and indirect transfer of license; order.
DatesThe Order was issued on August 14, 2015, and is effective for one year.
ContactAlan B. Wang, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1445; email: [email protected]
FR Citation80 FR 51326 

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