81 FR 25448 - In the Matter of FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear Generation, LLC, and Ohio Edison Company; Perry Nuclear Power Plant, Unit 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 82 (April 28, 2016)
Federal Register Volume 81, Issue 82 (April 28, 2016)
| Page Range | 25448-25450 | |
| FR Document | 2016-09984 |
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)] [Notices] [Pages 25448-25450] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09984] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-440; License No. NPF-58; NRC-2015-0212] In the Matter of FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear Generation, LLC, and Ohio Edison Company; Perry Nuclear Power Plant, Unit 1 AGENCY: Nuclear Regulatory Commission. ACTION: Direct transfer of license; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the direct transfer of the leased interests in Facility Operating License NPF-58 for Perry Nuclear Power Plant, Unit 1, from the current holder, Ohio Edison Company (OE), to FirstEnergy Nuclear Generation, LLC (FENGen). As a result of the transaction, FENGen will become the sole owner of the Perry Nuclear Power Plant, Unit 1. The NRC is also issuing a conforming amendment to the facility operating license for administrative purposes to reflect the proposed license transfer. No physical changes to the facility or operational changes were proposed in the application. The Order is effective upon issuance. DATES: The Order was issued on April 15, 2016, and is effective for one year. ADDRESSES: Please refer to Docket ID NRC-2015-0212 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-2015-0212. 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 (if it is available in ADAMS) is provided the first time that it is mentioned in this document. 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: Kimberly Green, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1627; email: [email protected]. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 20th of April 2016. [[Page 25449]] For the Nuclear Regulatory Commission. Kimberly J. Green, Senior Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. Attachment--Order Approving Direct Transfer of License and Approving Conforming Amendment UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear Generation, LLC; Ohio Edison Company; Perry Nuclear Power Plant, Unit 1, Docket No. 50-440, License No. NPF-58. Order Approving Direct Transfer of License and Approving Conforming Amendment I. FirstEnergy Nuclear Operating Company (FENOC), FirstEnergy Nuclear Generation, LLC (FENGen), and the Ohio Edison Company (OE) are the licensees of Perry Nuclear Power Plant, Unit 1 (PNPP). FENOC acts as agent for itself and the other licensees and has exclusive responsibility for and control over the physical construction, operation, and maintenance of PNPP, Unit 1, as reflected in Facility Operating License NPF-58. The facility is located on the shore of Lake Erie in Lake County, Ohio. II. By application dated June 30, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15181A366), as supplemented by letter dated January 18, 2016 (ADAMS Accession No. ML16018A003), FENOC, acting as agent for and on behalf of FENGen and OE, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), 50.80, ``Transfer of licenses,'' requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of leased interests in Facility Operating License No. NPF-58 from OE to FENGen. The application is in connection with the expiration of OE's lease of 12.58-percent interest in PNPP, which expires at midnight on May 30, 2016, and the related transfer of the leased interests to FENGen. Supplemental information was provided by letter dated January 18, 2016 (hereinafter, the June 30, 2015, application and the January 18, 2016, supplemental information will be referred to collectively as the ``application''). FENOC also requested approval of a conforming license amendment that would delete references to OE in the license to reflect the transfer of the leased interest. No physical changes to the facilities or operational changes were proposed in the application. After completion of the proposed transfer, FENGen and FENOC will be the owner and operator, respectively, of the facility. Approval of the transfer of the facility operating license and conforming license amendment was requested by the applicant pursuant to 10 CFR 50.80 and 10 CFR 50.90, ``Application for amendment of license, construction permit, or early site permit.'' A notice entitled, ``Consideration of Approval of Transfer of License and Conforming Amendment,'' was published in the Federal Register on September 16, 2015 (80 FR 55656), as corrected on September 29, 2015 (80 FR 58508). No comments or hearing requests 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 NRC shall give its consent in writing. Upon review of the information in the licensee's application, and other information before the Commission, the NRC staff has determined that FENGen is qualified to hold the ownership interests in the facility previously held by OE, and FENOC is qualified to hold the operating authority under the license, and that the transfer of ownership interests in the facility to FENGen, as described in the application, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the NRC, pursuant thereto, subject to the condition set forth below. The NRC staff has further found that the application for the proposed license amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR part 51 of the Commission's regulations and all applicable requirements have been satisfied. The findings set forth above are supported by an NRC safety evaluation dated April 15, 2016. III. Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the Act; 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 regarding the proposed direct transfer of the license is approved, subject to the following condition: FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear Generation, LLC, shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation, that as of the date of license transfer, the licensees reflected in the amended license have obtained the appropriate amount of insurance required by 10 CFR part 140 and 10 CFR 50.54(w). It is further ordered that, consistent with 10 CFR 2.1315(b), the license amendment that makes changes, as indicated in Enclosure 3 to the cover letter forwarding this order, to reflect the subject direct license transfer is approved. The amendment shall be issued and made effective at the time the proposed direct license transfer action is completed. It is further ordered that after receipt of all required regulatory approvals of the proposed direct transfer action, FENOC shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 1 business day prior to the date of the closing of the direct transfer. Should the proposed transfer of the license not be completed within 1 year of this order's date of issue, this order shall become null and void, provided, 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 30, 2015, as supplemented by letter dated January 18, 2016, and the safety evaluation dated the same date as this order (ADAMS Accession No. ML16078A092), which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Room O-1 F21 (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at [[Page 25450]] 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 at [email protected]. Dated at Rockville, Maryland this 15th day of April 2016. For The Nuclear Regulatory Commission. William M. Dean, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2016-09984 Filed 4-27-16; 8:45 am] BILLING CODE 7590-01-P
![25448 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
complete and that the Applicant meets 2. Administration and National Policy FirstEnergy Nuclear Generation, LLC
the eligibility requirements described in Requirements: The specific terms and (FENGen). As a result of the transaction,
the Regulations, this NOFO, and the conditions governing a grant will be FENGen will become the sole owner of
grant guidelines. An incomplete established in the grant guidelines for the Perry Nuclear Power Plant, Unit 1.
Application or one that does not meet each initiative. The NRC is also issuing a conforming
the eligibility requirements will be 3. Reimbursement and Reporting: amendment to the facility operating
declined without further consideration. Each awarded credit union must submit license for administrative purposes to
(b) Substantive Review: After an a reimbursement request in order to reflect the proposed license transfer. No
Applicant is determined eligible and its receive the awarded funds. The physical changes to the facility or
Application is determined complete, reimbursement requirements are operational changes were proposed in
NCUA will conduct a substantive specific to each initiative. In general, the the application. The Order is effective
review in accordance with the criteria reimbursement request will require upon issuance.
and procedures described in the proof of expenses, documentation, an
Regulations, this NOFO, and the grant explanation of the impact of funding DATES: The Order was issued on April
guidelines. NCUA reserves the right to and any success or failure to meet 15, 2016, and is effective for one year.
contact the Applicant during its review objectives for use of proceeds, outcome, ADDRESSES: Please refer to Docket ID
for the purpose of clarifying or or impact. NCUA, in its sole discretion, NRC–2015–0212 when contacting the
confirming information contained in the may modify these requirements. NRC about the availability of
Application. If so contacted, the Awardees (credit unions) are required to information regarding this document.
Applicant must respond within the time submit the reimbursement request You may obtain publicly available
specified by NCUA or NCUA, in its sole within the expiration date specified in information related to this document
discretion, may decline the application the approval letter. using any of the following methods:
without further consideration.
(c) Evaluation and Scoring: The
G. Agency Contacts • Federal Rulemaking Web site: Go to
evaluation criteria for each initiative 1. Methods of Contact: Further http://www.regulations.gov and search
will be more fully described in the grant information can be found at: https:// for Docket ID NRC–2015–0212. Address
guidelines. www.ncua.gov/services/Pages/small- questions about NRC dockets to Carol
(d) Input from Examiners: NCUA may credit-union-learning-center/services/ Gallagher; telephone: 301–415–3463;
not approve an award to a credit union grants-loans.aspx. For questions email: email: Carol.Gallagher@nrc.gov. For
for which its NCUA regional examining National Credit Union Administration, technical questions, contact the
office or State Supervisory Agency Office of Small Credit Union Initiatives individual listed in the FOR FURTHER
(SSA), if applicable, indicates it has at OSCUIAPPS@ncua.gov. INFORMATION CONTACT section of this
safety and soundness concerns. If the 2. Information Technology Support: document.
NCUA regional office or SSA identifies People who have visual or mobility • NRC’s Agencywide Documents
a safety and soundness concern, OSCUI, impairments that prevent them from Access and Management System
in conjunction with the regional office using NCUA’s Web site should call (ADAMS): You may obtain publicly-
or SSA, will assess whether the (703) 518–6610 for guidance (this is not available documents online in the
condition of the Applicant is adequate a toll free number). ADAMS Public Documents collection at
to undertake the activities for which By the National Credit Union http://www.nrc.gov/reading-rm/
funding is requested, and the Administration Board on April 21, 2016. adams.html. To begin the search, select
obligations of the loan and its Gerard Poliquin, ‘‘ADAMS Public Documents’’ and then
conditions. NCUA, in its sole discretion, Secretary of the Board. select ‘‘Begin Web-based ADAMS
may defer decision on funding an [FR Doc. 2016–09913 Filed 4–27–16; 8:45 am] Search.’’ For problems with ADAMS,
Application until the credit union’s BILLING CODE 7535–01–P please contact the NRC’s Public
safety and soundness conditions Document Room (PDR) reference staff at
improve. 1–800–397–4209, 301–415–4737, or by
(e) Award Selection: In general, NUCLEAR REGULATORY email to pdr.resource@nrc.gov. The
NCUA will make its award selections COMMISSION ADAMS accession number for each
based on a consistent scoring system document referenced (if it is available in
where each applicant will receive an [Docket No. 50–440; License No. NPF–58; ADAMS) is provided the first time that
individual score. NCUA will consider NRC–2015–0212]
it is mentioned in this document.
the impact of the funding. When grant
In the Matter of FirstEnergy Nuclear • NRC’s PDR: You may examine and
demand is high applications may be
Operating Company, FirstEnergy purchase copies of public documents at
ranked based on the aforementioned in
Nuclear Generation, LLC, and Ohio the NRC’s PDR, Room O1–F21, One
addition to factors listed in the grant
Edison Company; Perry Nuclear Power White Flint North, 11555 Rockville
guidelines.
Plant, Unit 1 Pike, Rockville, Maryland 20852.
2. Anticipated Announcement and
Federal Award Dates: See part D.3. AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT:
Commission. Kimberly Green, Office of Nuclear
F. Federal Award Administration
ACTION: Direct transfer of license; order. Reactor Regulation, U.S. Nuclear
Information
mstockstill on DSK3G9T082PROD with NOTICES
Regulatory Commission, Washington,
1. Notice of Award: NCUA will notify SUMMARY: The U.S. Nuclear Regulatory DC 20555–0001; telephone: 301–415–
each Applicant of its funding decision. Commission (NRC) is issuing an order 1627; email: Kimberly.Green@nrc.gov.
Notification will generally be by email. approving the direct transfer of the
Applicants that are approved for leased interests in Facility Operating SUPPLEMENTARY INFORMATION: The text of
funding will also receive instructions on License NPF–58 for Perry Nuclear the Order is attached.
how to proceed with the reimbursement Power Plant, Unit 1, from the current Dated at Rockville, Maryland, this 20th of
request for disbursement of funds. holder, Ohio Edison Company (OE), to April 2016.
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![25450 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
http://www.nrc.gov/reading-rm/ questions about the Order, contact the power reactor licensees owned and
adams.html. Persons who do not have individual listed in the FOR FURTHER operated by Entergy Nuclear Operations,
access to ADAMS or who encounter INFORMATION CONTACT section of this Inc.; Entergy Operations Inc.; and
problems in accessing the documents document. Entergy Nuclear Generation Company.
located in ADAMS, should contact the • NRC’s Agencywide Documents This Confirmatory Order is the result
NRC PDR Reference staff by telephone Access and Management System of a preliminary settlement agreement
at 1–800–397–4209, 301–415–4737, or (ADAMS): You may obtain publicly- reached during an Alternative Dispute
by email at pdr.resource@nrc.gov. available documents online in the Resolution (ADR) mediation session
ADAMS Public Documents collection at conducted on February 19, 2016.
Dated at Rockville, Maryland this 15th day
of April 2016. http://www.nrc.gov/reading-rm/ II.
For The Nuclear Regulatory Commission. adams.html. To begin the search, select
NRC: ADAMS Public Documents and On February 3, 2014, the NRC’s Office
William M. Dean,
then select ‘‘Begin Web-based ADAMS of Investigations (OI), Region IV Field
Director, Office of Nuclear Reactor
Regulation. Search.’’ For problems with ADAMS, Office, initiated an investigation to
please contact the NRC’s Public determine whether fire protection
[FR Doc. 2016–09984 Filed 4–27–16; 8:45 am]
Document Room (PDR) reference staff at personnel assigned to Entergy’s
BILLING CODE 7590–01–P Waterford facility willfully falsified fire
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The protection surveillance records and
ADAMS accession number for each whether there was any managerial
NUCLEAR REGULATORY awareness with the failure to identify
COMMISSION document referenced (if it is available in
ADAMS) is provided the first time that and correct. During the investigation, it
[Docket Nos. 50–313, 50–368, 50–416, 50–
it is mentioned in this document. became apparent that another manger
247, 50–286, 50–333, 50–255, 50–293, 50– failed to provide complete and accurate
458, 50–271, and 50–382; EA–15–100; NRC– • NRC’s PDR: You may examine and
information to an access authorization
2016–0087] purchase copies of public documents at
reviewing official, associated with the
the NRC’s PDR, Room O1–F21, One
reinstatement of unescorted access for
In the Matter of All Power Reactor White Flint North, 11555 Rockville
one of the contract fire watch
Licensees Owned and Operated by Pike, Rockville, Maryland 20852.
individuals. The investigation was
Entergy Nuclear Operations, Inc.; FOR FURTHER INFORMATION CONTACT: John completed on May 19, 2015, and was
Entergy Operations, Inc.; and Entergy Kramer, Region IV, U.S. Nuclear documented in OI Report 4–2014–017.
Nuclear Generation Company Regulatory Commission, Washington, Based on the results of the
DC 20555–0001; 817–200–1121; or by investigation, the NRC concluded that
AGENCY: Nuclear Regulatory
email to John.Kramer@nrc.gov. willful violations of Title 10 of the Code
Commission.
SUPPLEMENTARY INFORMATION: The text of of Federal Regulations (10 CFR) 50.9, 10
ACTION: Confirmatory order; issuance.
the Order is attached. CFR 50.48, and 10 CFR 73.56(f)(3)
SUMMARY: The U.S. Nuclear Regulatory Dated this 18th day of April 2016. occurred. Specifically, on multiple
Commission (NRC) is issuing a occasions between July 2013 and April
For the Nuclear Regulatory Commission.
confirmatory order to Entergy 2014, seven contractor individuals
Mark L. Dapas,
Operations, Inc. (Entergy) confirming willfully failed to conduct
Regional Administrator. compensatory hourly fire watches and
agreements reached in an Alternative
Dispute Resolution mediation session UNITED STATES OF AMERICA willfully falsified the fire watch tour
held on February 19, 2016. As part of logs by initialing that fire watches were
NUCLEAR REGULATORY performed with knowledge that watches
the agreement, Entergy will complete a COMMISSION
review of the integrity events within the had not been performed. In addition, an
Entergy Nuclear Fleet over the past 5 In the Matter of All Power Reactor Entergy supervisor willfully failed to
years, establish a corporate lead for Licensees Owned and Operated by identify and take corrective actions
oversight of the company’s fire watch Entergy Nuclear Operations, Inc.; when provided with information of
programs, and improve training Entergy Operations, Inc. and Entergy suspected wrongdoing by contract fire
programs according to timelines Nuclear Generation Company watch individuals. Further, on January
established in the Confirmatory Order. [Docket Nos. (as shown in Attachment); 13, 2014, a contractor manager willfully
Entergy is also required to notify the License Nos. (as shown in Attachment)] failed to provide complete and accurate
NRC periodically of the status of its information in all material respects,
EA–15–100 regarding the trustworthiness and
efforts.
Confirmatory Order Modifying License reliability of an individual applying for
DATES: The confirmatory order was unescorted access to Waterford.
issued on April 6, 2016. I. In a letter dated December 14, 2015
ADDRESSES: Please refer to Docket ID Entergy Operations, Inc. (licensee or (ML15350A197), the NRC provided
NRC–2016–0087 when contacting the Entergy) is the holder of Reactor Entergy the results of the investigation,
NRC about the availability of Operating License NPF–38 issued by the informed Entergy that escalated
information regarding this document. U.S. Nuclear Regulatory Commission enforcement action was being
You may obtain publicly-available (NRC or Commission) pursuant to Title considered for the apparent violations,
information related to this action by the 10 of the Code of Federal Regulations and offered Entergy the opportunity to
mstockstill on DSK3G9T082PROD with NOTICES
following methods: (10 CFR) part 50 on March 16, 1985. The attend a predecisional enforcement
• Federal Rulemaking Web site: Go to license authorizes the operation of the conference or to participate in ADR in
http://www.regulations.gov and search Waterford Steam Electric Station, Unit 3 which a neutral mediator with no
for Docket ID NRC–2016–0087. Address (Waterford) in accordance with the decision-making authority would
questions about NRC dockets to Carol conditions specified therein. facilitate discussions between the NRC
Gallagher; telephone: 301–415–3463; The term Entergy Nuclear Fleet used and Entergy. The neutral mediator
email: Carol.Gallagher@nrc.gov. For in the Confirmatory Order refers to all would assist the NRC and Entergy in
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Document Created: 2016-04-28 01:05:48
Document Modified: 2016-04-28 01:05:48
| 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 | Direct transfer of license; order. | |
| Dates | The Order was issued on April 15, 2016, and is effective for one year. | |
| Contact | Kimberly Green, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1627; email: [email protected] | |
| FR Citation | 81 FR 25448 |
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