80 FR 53580 - Entergy Nuclear Operations, Inc.; James A. FitzPatrick Nuclear Power Plant, Pilgrim Nuclear Power Station, and Vermont Yankee Nuclear Power Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 172 (September 4, 2015)
Federal Register Volume 80, Issue 172 (September 4, 2015)
| Page Range | 53580-53581 | |
| FR Document | 2015-22049 |
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)] [Notices] [Pages 53580-53581] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22049] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-333, 50-293, and 50-271; NRC-2013-0192] Entergy Nuclear Operations, Inc.; James A. FitzPatrick Nuclear Power Plant, Pilgrim Nuclear Power Station, and Vermont Yankee Nuclear Power Station AGENCY: Nuclear Regulatory Commission. ACTION: Director's decision under 10 CFR 2.206; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a director's decision with regard to a petition dated March, 18, 2013, filed by Mr. Timothy Judson on behalf of the Alliance for a Green Economy, Citizens Awareness Network, Pilgrim Watch, and Vermont Citizens Action Network (hereafter, referred to as ``the petitioners'') requesting that the NRC take action with regard to James A. FitzPatrick Nuclear Power Plant (FitzPatrick), Pilgrim Nuclear Power Station (Pilgrim), and Vermont Yankee Nuclear Power Station (Vermont Yankee). The petitioners' requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document. DATES: September 4, 2015. ADDRESSES: Please refer to Docket ID NRC-2013-0192 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-2013-0192. 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 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 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 O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Richard Guzman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1030, email: [email protected]. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a director's decision (ADAMS Accession No. ML15162A763) on a petition filed by the petitioners on March, 18, 2013 (ADAMS Accession No. ML13079A022). The petition was supplemented by letters dated April 23, May 7, June 28, July 22, October 16, November 13, November 27, and December 2, 2013, October 20, 2014, and January 27, 2015 (ADAMS Accession Nos. ML13133A161, ML13135A001, ML13184A109, ML13205A251, ML13294A400, ML13335A002, ML14016A361, ML15027A458, ML15027A462, and ML15039A011, respectively). The petitioners requested that the NRC take enforcement action to: (1) Suspend operations at FitzPatrick and Vermont Yankee; (2) investigate whether Entergy Nuclear Operations, Inc, (ENO, the licensee) possesses sufficient funds to cease operations and decommission FitzPatrick and Vermont Yankee, per section 50.75 of Title 10 of the Code of Federal Regulations (10 CFR), ``Reporting and recordkeeping for decommissioning planning''; and (3) investigate ENO's current financial [[Page 53581]] qualifications per 10 CFR 50.33(f)(5) to determine whether remains qualified to continue operating Pilgrim. As the basis of the request, the petitioners asserted that ENO no longer meets the financial qualifications requirements to possess the licenses and operate FitzPatrick, Pilgrim, and Vermont Yankee in accordance with 10 CFR 50.33(f)(2) and 10 CFR 50.80(b)(1)(i). On May 7, 2013, the petitioners met with the NRC's Petition Review Board (PRB). The meeting provided the petitioners and the licensee an opportunity to provide additional information and to clarify issues cited in the petition. The transcript for that meeting is available in ADAMS under Accession No. ML13135A001. By letter dated August 7, 2013 (ADAMS Accession No. ML13154A313), the NRC informed the petitioners that their request for immediate actions to suspend operations at FitzPatrick and Vermont Yankee was denied. In the same letter, the NRC also informed the petitioners of the PRB's final recommendation to accept the petition for review, because it met the criteria in Management Directive 8.11, Section III.C, ``Criteria for Reviewing Petitions Under 10 CFR 2.206.'' The NRC sent a copy of the proposed director's decision to the petitioners and the licensee for comment on March 27, 2015 (ADAMS Accession Nos. ML15040A159 and ML15040A140, respectively). The petitioners and the licensee were asked to provide comments within 30 days on any part of the proposed director's decision that was considered to be erroneous or any issues in the petition that were not addressed. Comments were received and are addressed in the attachments to the final director's decision. The Director of the Office of Nuclear Reactor Regulation denied the petitioners' request for the following actions: (1) Suspend operations at FitzPatrick and Vermont Yankee. (2) Investigate whether ENO possesses sufficient funds to cease operations and decommission FitzPatrick and Vermont Yankee, per 10 CFR 50.75. (3) Investigate ENO's current financial qualifications per 10 CFR 50.33(f)(5) to determine whether the licensee remains qualified to continue operating Pilgrim, be granted. The reasons for these decisions are explained in the director's decision (DD-15-08) pursuant to 10 CFR 2.206 of the Commission's regulations. The NRC will file a copy of the director's decision with the Secretary of the Commission for the Commission's review in accordance with 10 CFR 2.206. As provided by this regulation, the director's decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the director's decision in that time. Dated at Rockville, Maryland, this 27th day of August, 2015. For the Nuclear Regulatory Commission. Michele G. Evans, Deputy Director, Office of Nuclear Reactor Regulation. [FR Doc. 2015-22049 Filed 9-3-15; 8:45 am] BILLING CODE 7590-01-P
![53580 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices
Army permit application to perform I. Request for Public Comment Gallagher; telephone: 301–415–3463;
certain building activities on and near The NRC is requesting public email: Carol.Gallagher@nrc.gov. For
the ESP site. comment on the draft MOA. The NRC technical questions, contact the
The draft ESP EIS contained a finding does not plan to provide individual individual listed in the FOR FURTHER
of no adverse effect to historic responses to comments. However, the INFORMATION CONTACT section of this
properties for the NRC’s Section 106 NRC will consider any comments document.
NHPA review. The NJ HPO concurred received when finalizing the MOA and • NRC’s Agencywide Documents
with this finding. By letter dated will publish the final MOA in the Access and Management System
December 4, 2014, the NRC received a Federal Register. The draft MOA is (ADAMS): You may obtain publicly-
revised opinion letter from the NJ HPO available in ADAMS under Accession available documents online in the
finding that the proposed project would No. ML15239B244. ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
result in an adverse effect to historic Dated at Rockville, Maryland this 28th day adams.html. To begin the search, select
properties (ADAMS Accession No. of August, 2015.
‘‘ADAMS Public Documents’’ and then
ML15005A040). The NJ HPO stated that For the Nuclear Regulatory Commission. select ‘‘Begin Web-based ADAMS
the visual intrusion of two new natural Francis M. Akstulewicz, Search.’’ For problems with ADAMS,
draft cooling towers, which are included Director, Division of New Reactor Licensing, please contact the NRC’s Public
in the plant parameter envelope for the Office of New Reactors. Document Room (PDR) reference staff at
ESP application, would, if selected in a [FR Doc. 2015–21932 Filed 9–3–15; 8:45 am] 1–800–397–4209, 301–415–4737, or by
subsequent application to construct and BILLING CODE 7590–01–P email to pdr.resource@nrc.gov. The
operate a nuclear plant at the ESP site,
ADAMS accession number for each
result in an adverse effect to historic
document referenced in this document
properties. The NRC met with the NJ NUCLEAR REGULATORY (if that document is available in
HPO, PSEG representatives, and COMMISSION ADAMS) is provided the first time that
interested members of the public on a document is referenced.
[Docket Nos. 50–333, 50–293, and 50–271;
January 9, 2015, in Salem County, New NRC–2013–0192] • NRC’s PDR: You may examine and
Jersey to discuss the NJ HPO’s concerns. purchase copies of public documents at
Between January and August 2015, the Entergy Nuclear Operations, Inc.; the NRC’s PDR, Room O1–F21, One
NRC met with the NJ HPO, ACHP, NPS, James A. FitzPatrick Nuclear Power White Flint North, 11555 Rockville
interested members of the public, and Plant, Pilgrim Nuclear Power Station, Pike, Rockville, Maryland 20852.
PSEG several times to discuss the effects and Vermont Yankee Nuclear Power FOR FURTHER INFORMATION CONTACT:
from the proposed project on historic Station Richard Guzman, Office of Nuclear
properties and to develop possible
AGENCY: Nuclear Regulatory Reactor Regulation, U.S. Nuclear
mitigation strategies for any potential
Commission. Regulatory Commission, Washington,
effects. Between January and August
ACTION: Director’s decision under 10 DC 20555–0001; telephone: 301–415–
2015, the NRC conducted seven
CFR 2.206; issuance. 1030, email: Richard.Guzman@nrc.gov.
publicly noticed consultation meetings
and teleconferences, pursuant to Section SUPPLEMENTARY INFORMATION: Notice is
SUMMARY: The U.S. Nuclear Regulatory hereby given that the Director, Office of
106 of the NHPA.
Commission (NRC) has issued a Nuclear Reactor Regulation, has issued
Based on the information from these director’s decision with regard to a a director’s decision (ADAMS Accession
meetings and additional research, the petition dated March, 18, 2013, filed by No. ML15162A763) on a petition filed
NRC issued letters on June 24, 2015, to Mr. Timothy Judson on behalf of the by the petitioners on March, 18, 2013
NJ HPO, ACHP, and NPS stating its Alliance for a Green Economy, Citizens (ADAMS Accession No. ML13079A022).
determination that natural draft cooling Awareness Network, Pilgrim Watch, and The petition was supplemented by
towers, if selected, would result in an Vermont Citizens Action Network letters dated April 23, May 7, June 28,
indirect visual adverse effect on the (hereafter, referred to as ‘‘the July 22, October 16, November 13,
Abel and Mary Nicholson House petitioners’’) requesting that the NRC November 27, and December 2, 2013,
National Historic Landmark (127 Fort take action with regard to James A. October 20, 2014, and January 27, 2015
Elfsborg-Hancock Bridge Road), the FitzPatrick Nuclear Power Plant (ADAMS Accession Nos.
property at 349 Fort Elfsborg-Hancock (FitzPatrick), Pilgrim Nuclear Power ML13133A161, ML13135A001,
Bridge Road, and the property at 116 Station (Pilgrim), and Vermont Yankee ML13184A109, ML13205A251,
Mason Point Road. These properties are Nuclear Power Station (Vermont ML13294A400, ML13335A002,
within an area the NJ HPO has Yankee). The petitioners’ requests and ML14016A361, ML15027A458,
determined is an NRHP-eligible historic the director’s decision are included in ML15027A462, and ML15039A011,
district. In its letter, the NRC stated its the SUPPLEMENTARY INFORMATION section respectively).
intention to develop a MOA to resolve of this document. The petitioners requested that the
the adverse effect to these three DATES: September 4, 2015. NRC take enforcement action to: (1)
properties. ADDRESSES: Please refer to Docket ID Suspend operations at FitzPatrick and
The draft MOA addresses the NRC–2013–0192 when contacting the Vermont Yankee; (2) investigate
potential indirect adverse visual effect NRC about the availability of whether Entergy Nuclear Operations,
mstockstill on DSK4VPTVN1PROD with NOTICES
from construction and operation of information regarding this document. Inc, (ENO, the licensee) possesses
natural draft cooling towers as analyzed You may obtain publicly-available sufficient funds to cease operations and
in the ESP EIS and would conclude information related to this document decommission FitzPatrick and Vermont
NHPA Section 106 consultation for the using any of the following methods: Yankee, per section 50.75 of Title 10 of
ESP. The draft MOA provides a • Federal Rulemaking Web site: Go to the Code of Federal Regulations (10
framework for consultation at the http://www.regulations.gov and search CFR), ‘‘Reporting and recordkeeping for
combined license or construction for Docket ID NRC–2013–0192. Address decommissioning planning’’; and (3)
permit/operating license stage. questions about NRC dockets to Carol investigate ENO’s current financial
VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1](https://thefederalregister.org/doc/80_FR_53752/page/1.svg)
![Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 53581
qualifications per 10 CFR 50.33(f)(5) to review in accordance with 10 CFR • Mail comments to: Cindy Bladey,
determine whether remains qualified to 2.206. As provided by this regulation, Office of Administration, Mail Stop:
continue operating Pilgrim. the director’s decision will constitute OWFN–12–H08, U.S. Nuclear
As the basis of the request, the the final action of the Commission 25 Regulatory Commission, Washington,
petitioners asserted that ENO no longer days after the date of the decision unless DC 20555–0001.
meets the financial qualifications the Commission, on its own motion, For additional direction on obtaining
requirements to possess the licenses and institutes a review of the director’s information and submitting comments,
operate FitzPatrick, Pilgrim, and decision in that time. see ‘‘Obtaining Information and
Vermont Yankee in accordance with 10 Dated at Rockville, Maryland, this 27th day Submitting Comments’’ in the
CFR 50.33(f)(2) and 10 CFR of August, 2015. SUPPLEMENTARY INFORMATION section of
50.80(b)(1)(i). For the Nuclear Regulatory Commission. this document.
On May 7, 2013, the petitioners met FOR FURTHER INFORMATION CONTACT:
Michele G. Evans,
with the NRC’s Petition Review Board Jeanne A. Dion, Office of Nuclear
(PRB). The meeting provided the Deputy Director, Office of Nuclear Reactor
Regulation. Reactor Regulation, U.S. Nuclear
petitioners and the licensee an Regulatory Commission, Washington,
opportunity to provide additional [FR Doc. 2015–22049 Filed 9–3–15; 8:45 am]
DC 20555–0001; telephone: 301–415–
information and to clarify issues cited in BILLING CODE 7590–01–P
1349; email: Jeanne.Dion@nrc.gov.
the petition. The transcript for that SUPPLEMENTARY INFORMATION:
meeting is available in ADAMS under
Accession No. ML13135A001. NUCLEAR REGULATORY I. Obtaining Information and
By letter dated August 7, 2013 COMMISSION Submitting Comments
(ADAMS Accession No. ML13154A313),
[Docket No. 50–390; NRC–2015–0206] A. Obtaining Information
the NRC informed the petitioners that
their request for immediate actions to Please refer to Docket ID NRC–2015–
Watts Bar Nuclear Plant, Unit 1;
suspend operations at FitzPatrick and 0206 when contacting the NRC about
Application and Amendment to Facility
Vermont Yankee was denied. In the the availability of information for this
Operating License Involving Proposed
same letter, the NRC also informed the action. You may obtain publicly-
No Significant Hazards Consideration
petitioners of the PRB’s final available information related to this
Determination
recommendation to accept the petition action by any of the following methods:
for review, because it met the criteria in AGENCY: Nuclear Regulatory • Federal rulemaking Web site: Go to
Management Directive 8.11, Section Commission. http://www.regulations.gov and search
III.C, ‘‘Criteria for Reviewing Petitions ACTION: License amendment request; for Docket ID NRC–2015–0206.
Under 10 CFR 2.206.’’ opportunity to comment, request a • NRC’s Agencywide Documents
The NRC sent a copy of the proposed hearing and petition for leave to Access and Management System
director’s decision to the petitioners and intervene. (ADAMS): You may obtain publicly-
the licensee for comment on March 27, available documents online in the
2015 (ADAMS Accession Nos. SUMMARY: The U.S. Nuclear Regulatory ADAMS Public Documents collection at
ML15040A159 and ML15040A140, Commission (NRC) received and is http://www.nrc.gov/reading-rm/
respectively). The petitioners and the considering approval of a license amend adams.html. To begin the search, select
licensee were asked to provide request for the Watts Bar Nuclear Plant ‘‘ADAMS Public Documents’’ and then
comments within 30 days on any part of (WBN), Unit 1. The proposed select ‘‘Begin Web-based ADAMS
the proposed director’s decision that amendment would revise a current Search.’’ For problems with ADAMS,
was considered to be erroneous or any License Condition (Section 2.F) please contact the NRC’s Public
issues in the petition that were not regarding the Fire Protection Program Document Room (PDR) reference staff at
addressed. Comments were received and propose a new License Condition 1–800–397–4209, 301–415–4737, or by
and are addressed in the attachments to (Section 2.I) regarding a fire protection email to pdr.resource@nrc.gov. The
the final director’s decision. requirement for WBN, Unit 1. The NRC application for amendment, dated
The Director of the Office of Nuclear proposes to determine that this request August 13, 2015, is available in ADAMS
Reactor Regulation denied the involve no significant hazards under Accession No. ML15225A344.
petitioners’ request for the following consideration. • NRC’s PDR: You may examine and
actions: purchase copies of public documents at
DATES: Comments must be filed by the NRC’s PDR, Room O1–F21, One
(1) Suspend operations at FitzPatrick
October 5, 2015. A request for a hearing White Flint North, 11555 Rockville
and Vermont Yankee.
(2) Investigate whether ENO possesses must be filed by November 3, 2015. Pike, Rockville, Maryland 20852.
sufficient funds to cease operations and ADDRESSES: You may submit comments
by any of the following methods (unless B. Submitting Comments
decommission FitzPatrick and Vermont
Yankee, per 10 CFR 50.75. this document describes a different Please include Docket ID NRC–2015–
(3) Investigate ENO’s current financial method for submitting comments on a 0206 in your comment submission.
qualifications per 10 CFR 50.33(f)(5) to specific subject): The NRC cautions you not to include
determine whether the licensee remains • Federal Rulemaking Web site: Go to identifying or contact information that
qualified to continue operating Pilgrim, http://www.regulations.gov and search you do not want to be publicly
mstockstill on DSK4VPTVN1PROD with NOTICES
be granted. for Docket ID NRC–2015–0206. Address disclosed in your comment submission.
The reasons for these decisions are questions about NRC dockets to Carol The NRC posts all comment
explained in the director’s decision Gallagher; telephone: 301–415–3463; submissions at http://
(DD–15–08) pursuant to 10 CFR 2.206 of email: Carol.Gallagher@nrc.gov. For www.regulations.gov as well as entering
the Commission’s regulations. technical questions, contact the the comment submissions into ADAMS.
The NRC will file a copy of the individual listed in the FOR FURTHER The NRC does not routinely edit
director’s decision with the Secretary of INFORMATION CONTACT section of this comment submissions to remove
the Commission for the Commission’s document. identifying or contact information.
VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1](https://thefederalregister.org/doc/80_FR_53752/page/2.svg)
Document Created: 2015-12-15 09:58:00
Document Modified: 2015-12-15 09:58:00
| 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 | |
| Action | Director's decision under 10 CFR 2.206; issuance. | |
| Dates | September 4, 2015. | |
| Contact | Richard Guzman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1030, email: [email protected] | |
| FR Citation | 80 FR 53580 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR