81_FR_35489 81 FR 35383 - In the Matter of LaCrosse Solutions, LLC; Dairyland Power Cooperative, La Crosse Boiling Water Reactor

81 FR 35383 - In the Matter of LaCrosse Solutions, LLC; Dairyland Power Cooperative, La Crosse Boiling Water Reactor

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range35383-35385
FR Document2016-13013

The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the direct transfer of Possession Only License No. DPR- 45 for the La Crosse Boiling Water Reactor (LACBWR) from the current holder, Dairyland Power Cooperative (DPC), to LaCrosseSolutions, LLC (LS) a wholly-owned subsidiary of EnergySolutions, LLC (ES). The NRC is also amending the facility operating license for administrative purposes to reflect the license transfer from DPC to LS. The NRC confirmed that LS met the regulatory, legal, technical, and financial obligations necessary to qualify them as a transferee, and determined that the transferee is qualified to be the holder of the license; and the transfer of the license is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission. The order approving the transfer of the LACBWR license to ES became effective on May 20, 2016.

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35383-35385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13013]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-409 and 72-046; NRC-2015-0279]


In the Matter of LaCrosse Solutions, LLC; Dairyland Power 
Cooperative, La Crosse Boiling Water Reactor

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 Possession Only License No. DPR-
45 for the La Crosse Boiling Water Reactor (LACBWR) from the current 
holder, Dairyland Power Cooperative (DPC), to LaCrosseSolutions, LLC 
(LS) a wholly-owned subsidiary of EnergySolutions, LLC (ES). The NRC is 
also amending the facility operating license for administrative 
purposes to reflect the license transfer from DPC to LS. The NRC 
confirmed that LS met the regulatory, legal, technical, and financial 
obligations necessary to qualify them as a transferee, and determined 
that the transferee is qualified to be the holder of the license; and 
the transfer of the license is otherwise consistent with the applicable 
provisions of law, regulations, and orders issued by the Commission. 
The order approving the transfer of the LACBWR license to ES became 
effective on May 20, 2016.

DATES: The Order was issued on May 20, 2016, and is effective for one 
year.

ADDRESSES: Please refer to Docket ID NRC-2015-0279 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-2015-0279. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; or via 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 via email to: [email protected]. 
The license transfer Order, the NRC safety evaluation supporting the 
staff's findings, and the conforming license amendment are available in 
ADAMS under Accession Nos. ML16123A073, ML16123A074, and ML16123A057, 
respectively.
     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: Marlayna G. Vaaler, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3178, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 26th day of May 2016.


[[Page 35384]]


    For the U.S. Nuclear Regulatory Commission.
Andrea L. Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.

Attachment--Order Approving the Transfer of License and Conforming 
Amendment

United States of America

NUCLEAR REGULATORY COMMISSION
In the Matter of Dairyland Power Cooperative; La Crosse Boiling Water 
Reactor Docket Nos. 50-409 and 72-046
License No. DPR-45 Order Approving the Transfer of License and 
Conforming Amendment

I

    Dairyland Power Cooperative (DPC) is the holder of Possession Only 
License No. DPR-45, which authorizes the possession and maintenance of 
the La Crosse Boiling Water Reactor (LACBWR). LACBWR permanently ceased 
operations on April 30, 1987, and reactor defueling was completed on 
June 11, 1987. In a letter dated August 4, 1987, the U.S. Nuclear 
Regulatory Commission (NRC) terminated DPC's authority to operate 
LACBWR under Provisional Operating License No. DPR-45, and a possess 
but not operate status was granted. By letter dated August 18, 1988, 
the NRC amended DPC's Provisional Operating License No. DPR-45 to 
Possession Only License No. DPR-45 to reflect the permanently defueled 
configuration at LACBWR. The NRC issued an Order to authorize 
decommissioning of LACBWR and approve the proposed Decommissioning Plan 
on August 7, 1991. Therefore, pursuant to the provisions of Section 
50.82(a)(1)(iii) and Section 50.82(a)(2) of Title 10 of the Code of 
Federal Regulations (10 CFR), operations at LACBWR are no longer 
authorized under the 10 CFR part 50 license, and DPC is licensed to 
possess, but not use or operate, LACBWR under Possession Only License 
No. DPR-45, subject to the conditions specified therein. The facility 
is located on the east bank of the Mississippi River in Vernon County, 
Wisconsin.

II

    By letter dated October 8, 2015 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML15307A310), as supplemented 
by letter dated December 15, 2015 (ADAMS Accession No. ML16004A147), 
DPC submitted an application, pursuant to Section 184 of the Atomic 
Energy Act of 1954, as amended (AEA), and 10 CFR 50.80, ``Transfer of 
Licenses,'' requesting NRC approval for the direct transfer of DPC's 
Possession Only License No. DPR-45 for LACBWR to LaCrosseSolutions, LLC 
(LS).
    DPC intends to transfer its licensed possession, maintenance, and 
decommissioning authorities to LS in order to implement expedited 
decommissioning at LACBWR. DPC will remain the licensed owner of LACBWR 
and hold title to and ownership of the real estate and lease hold 
interests, title to and ownership of the spent nuclear fuel, and title 
to and ownership of all improvements at the LACBWR site. LS will lease 
the above-ground LACBWR structures (other than the LACBWR independent 
spent fuel storage installation (ISFSI)) and will assume responsibility 
for all licensed activities at LACBWR, including responsibilities for 
decommissioning. LS will assume responsibility for the maintenance and 
security of the ISFSI site, while DPC will provide for operation, 
maintenance, and security of the ISFSI site under a Company Services 
Agreement with LS. DPC will retain financial responsibility for 
operation, maintenance, and security of the ISFSI and other related 
costs. LS was expressly created for the purpose of decommissioning 
LACBWR and releasing the site for unrestricted use, except for the 
ISFSI. After the transfer, LS will complete the decommissioning of the 
LACBWR facility.
    Upon issuance of a license amendment providing for termination of 
the facility operating license, except for the ISFSI site, and upon 
receipt of a future NRC license transfer approval, LS will transfer 
responsibility for the LACBWR license back to DPC. Thereafter, DPC will 
maintain the ISFSI, and the ultimate disposition of the spent nuclear 
fuel will be provided for under the terms of DPC's Standard Contract 
for Disposal of Spent Nuclear Fuel and/or High Level Waste with the 
U.S. Department of Energy. DPC will also continue to maintain its 
nuclear decommissioning trust, a grantor trust in which funds are 
segregated from its assets and outside its administrative control, in 
accordance with the requirements of 10 CFR 50.75(e)(1).
    The application also requested approval of a conforming amendment 
to the license pursuant to 10 CFR 50.80 and 10 CFR 50.90. No physical 
or operational changes to the facility were requested beyond those 
encompassed in the LACBWR Post Shutdown Decommissioning Activities 
Report.
    Notice of the application was published in the Federal Register 
(FR) on March 18, 2016 (81 FR 14898). The December 15, 2015, letter 
contained clarifying information, did not expand the application beyond 
the scope of the original notice, and did not affect the applicability 
of the NRC's generic no significant hazards consideration 
determination. No requests for hearing or comments were received.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, either voluntarily or involuntarily, directly or 
indirectly, through transfer of control of the license to any person, 
unless the Commission gives its consent in writing. Upon review of the 
information in the application and other information before the 
Commission, and relying upon the representations and agreements 
contained in the application, the NRC staff has determined that LS is 
qualified to be the holder of the license, and that the transfer of the 
license to LS, as described in the application, is otherwise consistent 
with applicable provisions of law, regulations, and orders issued by 
the Commission pursuant thereto, subject to the condition set forth 
below.
    Upon review of the application for a conforming amendment to the 
LACBWR license to reflect the transfer to LS, the NRC staff determined 
the following:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) The issuance of the proposed license amendment is 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 May 20, 2016, which is available at ADAMS Accession 
No. ML16123A074.

[[Page 35385]]

III

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act, 
42 U.S.C. Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, it is 
hereby ordered that the transfer of the license, as described herein, 
to LS is approved, subject to the following condition:

    Prior to the closing of the license transfer from DPC to LS, LS 
shall provide the Directors of NRC's Office of Nuclear Material 
Safety and Safeguards (NMSS) and Office of Nuclear Reactor 
Regulation (NRR) satisfactory documentary evidence that it has 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR 140.12 and 10 CFR 50.54(w) of the Commission's 
regulations, consistent with the exemptions issued to LACBWR on June 
26, 1986.

    It is further ordered that, consistent with 10 CFR 2.1315(b), the 
license amendment that makes changes, as indicated in Enclosure 2 to 
the cover letter forwarding this Order, to conform the license 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 is completed.
    It is further ordered that LS shall inform the Directors of NMSS 
and NRR in writing of the date of closing of the transfer of the DPC 
interests in LACBWR, at least 1 business day prior to closing. Should 
the transfer of the license not be completed within 1 year of this 
Order's date of issuance, 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.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated October 8, 2015, as supplemented by letter dated 
December 15, 2015, and the associated NRC safety evaluation dated May 
20, 2016, 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. Publicly available documents are accessible electronically 
through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who encounter problems with ADAMS should contact 
the NRC's 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 20th day of May 2016.

    For the Nuclear Regulatory Commission.
Scott Moore,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-13013 Filed 6-1-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                              35383

                                                    Aeronautics and Space Administration                    employment authorization) from the                     determined that the transferee is
                                                    (NASA) announces a meeting of the Ad                    ‘‘List of the Acceptable Documents’’ on                qualified to be the holder of the license;
                                                    Hoc Task Force on Big Data. This task                   Form I–9]. Non-compliant states are:                   and the transfer of the license is
                                                    force reports to the NASA Advisory                      American Samoa, Arizona, Louisiana,                    otherwise consistent with the applicable
                                                    Council’s Science Committee. The                        Maine, Minnesota, New York,                            provisions of law, regulations, and
                                                    meeting will be held for the purpose of                 Oklahoma and Washington. Foreign                       orders issued by the Commission. The
                                                    soliciting and discussing, from the                     nationals attending this meeting will be               order approving the transfer of the
                                                    scientific community and other persons,                 required to provide a copy of their                    LACBWR license to ES became effective
                                                    scientific and technical information                    passport and visa in addition to                       on May 20, 2016.
                                                    relevant to big data.                                   providing the following information no
                                                                                                                                                                   DATES: The Order was issued on May
                                                    DATES: Tuesday, June 28, 2016, 9:00                     less than 10 working days prior to the
                                                                                                                                                                   20, 2016, and is effective for one year.
                                                    a.m.–5:00 p.m., Wednesday, June 29,                     meeting: Full name; gender; date/place
                                                    2016, 9:00 a.m.–5:00 p.m., and                          of birth; citizenship; passport                        ADDRESSES:   Please refer to Docket ID
                                                    Thursday, June 30, 2016, 9:00 a.m. to                   information (number, country,                          NRC–2015–0279 when contacting the
                                                    12:00 noon, Local Time.                                 telephone); visa information (number,                  NRC about the availability of
                                                    ADDRESSES: NASA Goddard Space                           type, expiration date); employer/                      information regarding this document.
                                                    Flight Center, Building 28, Room E210,                  affiliation information (name of                       You may obtain publicly-available
                                                    8800 Greenbelt Road, Greenbelt, MD                      institution, address, country,                         information related to this document
                                                    20771.                                                  telephone); title/position of attendee. To             using any of the following methods:
                                                                                                            expedite admittance, attendees with                       • Federal Rulemaking Web site: Go to
                                                    FOR FURTHER INFORMATION CONTACT:      Ms.               U.S. citizenship and Permanent
                                                    Ann Delo, Science Mission Directorate,                                                                         http://www.regulations.gov and search
                                                                                                            Residents (green card holders) can                     for Docket ID NRC–2015–0279. Address
                                                    NASA Headquarters, Washington, DC                       provide full name and citizenship status
                                                    20546, (202) 358–0750, fax (202) 358–                                                                          questions about NRC dockets to Carol
                                                                                                            3 working days in advance by                           Gallagher; telephone: 301–415–3463; or
                                                    2779, or ann.b.delo@nasa.gov.                           contacting by contacting Ms. Briana E.                 via email: Carol.Gallagher@nrc.gov. For
                                                    SUPPLEMENTARY INFORMATION: The                          Horton, via email at briana.e.horton@                  technical questions, contact the
                                                    meeting will be open to the public up                   nasa.gov or by fax at (301) 286–1714. It               individual listed in the FOR FURTHER
                                                    to the capacity of the room. The meeting                is imperative that the meeting be held                 INFORMATION CONTACT section of this
                                                    will also be available telephonically and               on these dates to the scheduling                       document.
                                                    by WebEx. You must use a touch tone                     priorities of the key participants.
                                                    phone to participate in this meeting.                                                                             • NRC’s Agencywide Documents
                                                                                                            Patricia D. Rausch,                                    Access and Management System
                                                    Any interested person may call the USA
                                                    toll free conference call number 800–                   Advisory Committee Management Officer,                 (ADAMS): You may obtain publicly-
                                                                                                            National Aeronautics and Space                         available documents online in the
                                                    988–9663, passcode 4718658, to
                                                                                                            Administration.                                        ADAMS Public Documents collection
                                                    participate in this meeting by telephone.
                                                                                                            [FR Doc. 2016–13033 Filed 6–1–16; 8:45 am]             at: http://www.nrc.gov/reading-rm/
                                                    A toll number also is available, 1–517–
                                                    308–9427 passcode 4718658. The                          BILLING CODE 7510–13–P                                 adams.html. To begin the search, select
                                                    WebEx link is https://nasa.webex.com/;                                                                         ‘‘ADAMS Public Documents’’ and then
                                                    the meeting number is 997 975 025 and                                                                          select ‘‘Begin Web-based ADAMS
                                                    the password is BigD@T@16-2. The                        NUCLEAR REGULATORY                                     Search.’’ For problems with ADAMS,
                                                    agenda for the meeting includes the                     COMMISSION                                             please contact the NRC’s Public
                                                    following topics:                                                                                              Document Room (PDR) reference staff
                                                                                                            [Docket Nos. 50–409 and 72–046; NRC–
                                                    —NASA’s Science Data Cyber-                             2015–0279]                                             at: 1–800–397–4209, 301–415–4737, or
                                                       Infrastructure                                                                                              via email to: pdr.resource@nrc.gov. The
                                                    —Access to NASA Science Mission Data                    In the Matter of LaCrosse Solutions,                   license transfer Order, the NRC safety
                                                       Repositories                                         LLC; Dairyland Power Cooperative, La                   evaluation supporting the staff’s
                                                    —Big Data Best Practices in                             Crosse Boiling Water Reactor                           findings, and the conforming license
                                                       Government, Academia and Industry                                                                           amendment are available in ADAMS
                                                                                                            AGENCY: Nuclear Regulatory                             under Accession Nos. ML16123A073,
                                                    —Federal Big Data Initiatives                           Commission.
                                                    —Resources and Concerns Specific to                                                                            ML16123A074, and ML16123A057,
                                                                                                            ACTION: Direct transfer of license; order.             respectively.
                                                       Big Data at NASA Goddard Space
                                                       Flight Center                                        SUMMARY:   The U.S. Nuclear Regulatory                    • NRC’s PDR: You may examine and
                                                    Attendees will be requested to sign a                   Commission (NRC) is issuing an order                   purchase copies of public documents at
                                                    register and to comply with NASA                        approving the direct transfer of                       the NRC’s PDR, Room O1–F21, One
                                                    security requirements, including the                    Possession Only License No. DPR–45 for                 White Flint North, 11555 Rockville
                                                    presentation of a valid picture ID to                   the La Crosse Boiling Water Reactor                    Pike, Rockville, Maryland 20852.
                                                    Security before access to the Goddard                   (LACBWR) from the current holder,                      FOR FURTHER INFORMATION CONTACT:
                                                    Space Flight Center. Due to the Real ID                 Dairyland Power Cooperative (DPC), to                  Marlayna G. Vaaler, Office of Nuclear
                                                    Act, any attendees with drivers licenses                LaCrosseSolutions, LLC (LS) a wholly-                  Material Safety and Safeguards, U.S.
                                                    issued from non-compliant states must                   owned subsidiary of EnergySolutions,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   Nuclear Regulatory Commission,
                                                    present a second form of ID. [Federal                   LLC (ES). The NRC is also amending the                 Washington, DC 20555–0001; telephone:
                                                    employee badge; passport; active                        facility operating license for                         301–415–3178, email:
                                                    military identification card; enhanced                  administrative purposes to reflect the                 Marlayna.Vaaler@nrc.gov.
                                                    driver’s license; U.S. Coast Guard                      license transfer from DPC to LS. The
                                                    Merchant Mariner card; Native                           NRC confirmed that LS met the                          SUPPLEMENTARY INFORMATION:       The text of
                                                    American tribal document; school                        regulatory, legal, technical, and                      the Order is attached.
                                                    identification accompanied by an item                   financial obligations necessary to                       Dated at Rockville, Maryland, this 26th day
                                                    from LIST C (documents that establish                   qualify them as a transferee, and                      of May 2016.



                                               VerDate Sep<11>2014   18:30 Jun 01, 2016   Jkt 238001   PO 00000   Frm 00091   Fmt 4703   Sfmt 4703   E:\FR\FM\02JNN1.SGM   02JNN1


                                                    35384                          Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                      For the U.S. Nuclear Regulatory                       application, pursuant to Section 184 of                   Notice of the application was
                                                    Commission.                                             the Atomic Energy Act of 1954, as                      published in the Federal Register (FR)
                                                    Andrea L. Kock,                                         amended (AEA), and 10 CFR 50.80,                       on March 18, 2016 (81 FR 14898). The
                                                    Deputy Director, Division of                            ‘‘Transfer of Licenses,’’ requesting NRC               December 15, 2015, letter contained
                                                    Decommissioning, Uranium Recovery and                   approval for the direct transfer of DPC’s              clarifying information, did not expand
                                                    Waste Programs, Office of Nuclear Material              Possession Only License No. DPR–45 for                 the application beyond the scope of the
                                                    Safety and Safeguards.                                  LACBWR to LaCrosseSolutions, LLC                       original notice, and did not affect the
                                                    Attachment—Order Approving the                          (LS).                                                  applicability of the NRC’s generic no
                                                    Transfer of License and Conforming                         DPC intends to transfer its licensed                significant hazards consideration
                                                    Amendment                                               possession, maintenance, and                           determination. No requests for hearing
                                                                                                            decommissioning authorities to LS in                   or comments were received.
                                                    United States of America
                                                                                                            order to implement expedited                              Pursuant to 10 CFR 50.80, no license,
                                                    NUCLEAR REGULATORY                                      decommissioning at LACBWR. DPC will                    or any right thereunder, shall be
                                                    COMMISSION                                              remain the licensed owner of LACBWR                    transferred, either voluntarily or
                                                    In the Matter of Dairyland Power                        and hold title to and ownership of the                 involuntarily, directly or indirectly,
                                                    Cooperative; La Crosse Boiling Water                    real estate and lease hold interests, title            through transfer of control of the license
                                                    Reactor Docket Nos. 50–409 and 72–046                   to and ownership of the spent nuclear                  to any person, unless the Commission
                                                                                                            fuel, and title to and ownership of all                gives its consent in writing. Upon
                                                    License No. DPR–45 Order Approving                      improvements at the LACBWR site. LS                    review of the information in the
                                                    the Transfer of License and Conforming                  will lease the above-ground LACBWR                     application and other information
                                                    Amendment                                               structures (other than the LACBWR                      before the Commission, and relying
                                                    I                                                       independent spent fuel storage                         upon the representations and
                                                                                                            installation (ISFSI)) and will assume                  agreements contained in the
                                                       Dairyland Power Cooperative (DPC) is
                                                                                                            responsibility for all licensed activities             application, the NRC staff has
                                                    the holder of Possession Only License
                                                                                                            at LACBWR, including responsibilities                  determined that LS is qualified to be the
                                                    No. DPR–45, which authorizes the
                                                    possession and maintenance of the La                    for decommissioning. LS will assume                    holder of the license, and that the
                                                    Crosse Boiling Water Reactor                            responsibility for the maintenance and                 transfer of the license to LS, as
                                                    (LACBWR). LACBWR permanently                            security of the ISFSI site, while DPC                  described in the application, is
                                                    ceased operations on April 30, 1987,                    will provide for operation, maintenance,               otherwise consistent with applicable
                                                    and reactor defueling was completed on                  and security of the ISFSI site under a                 provisions of law, regulations, and
                                                    June 11, 1987. In a letter dated August                 Company Services Agreement with LS.                    orders issued by the Commission
                                                    4, 1987, the U.S. Nuclear Regulatory                    DPC will retain financial responsibility               pursuant thereto, subject to the
                                                    Commission (NRC) terminated DPC’s                       for operation, maintenance, and security               condition set forth below.
                                                    authority to operate LACBWR under                       of the ISFSI and other related costs. LS                  Upon review of the application for a
                                                    Provisional Operating License No. DPR–                  was expressly created for the purpose of               conforming amendment to the LACBWR
                                                    45, and a possess but not operate status                decommissioning LACBWR and                             license to reflect the transfer to LS, the
                                                    was granted. By letter dated August 18,                 releasing the site for unrestricted use,               NRC staff determined the following:
                                                    1988, the NRC amended DPC’s                             except for the ISFSI. After the transfer,                 (1) The application for the proposed
                                                    Provisional Operating License No. DPR–                  LS will complete the decommissioning                   license amendment complies with the
                                                    45 to Possession Only License No. DPR–                  of the LACBWR facility.                                standards and requirements of the
                                                    45 to reflect the permanently defueled                     Upon issuance of a license                          Atomic Energy Act of 1954, as amended
                                                    configuration at LACBWR. The NRC                        amendment providing for termination of                 (the Act), and the Commission’s rules
                                                    issued an Order to authorize                            the facility operating license, except for             and regulations set forth in 10 CFR
                                                    decommissioning of LACBWR and                           the ISFSI site, and upon receipt of a                  Chapter I.
                                                    approve the proposed Decommissioning                    future NRC license transfer approval, LS
                                                                                                                                                                      (2) There is reasonable assurance that
                                                    Plan on August 7, 1991. Therefore,                      will transfer responsibility for the
                                                                                                                                                                   the activities authorized by the
                                                    pursuant to the provisions of Section                   LACBWR license back to DPC.
                                                                                                                                                                   proposed license amendment can be
                                                    50.82(a)(1)(iii) and Section 50.82(a)(2) of             Thereafter, DPC will maintain the ISFSI,
                                                                                                                                                                   conducted without endangering the
                                                    Title 10 of the Code of Federal                         and the ultimate disposition of the spent
                                                                                                                                                                   health and safety of the public, and that
                                                    Regulations (10 CFR), operations at                     nuclear fuel will be provided for under
                                                                                                                                                                   such activities will be conducted in
                                                    LACBWR are no longer authorized                         the terms of DPC’s Standard Contract for
                                                                                                                                                                   compliance with the Commission’s
                                                    under the 10 CFR part 50 license, and                   Disposal of Spent Nuclear Fuel and/or
                                                                                                                                                                   regulations.
                                                    DPC is licensed to possess, but not use                 High Level Waste with the U.S.
                                                                                                            Department of Energy. DPC will also                       (3) The issuance of the proposed
                                                    or operate, LACBWR under Possession                                                                            license amendment will not be inimical
                                                    Only License No. DPR–45, subject to the                 continue to maintain its nuclear
                                                                                                            decommissioning trust, a grantor trust                 to the common defense and security or
                                                    conditions specified therein. The                                                                              to the health and safety of the public.
                                                    facility is located on the east bank of the             in which funds are segregated from its
                                                    Mississippi River in Vernon County,                     assets and outside its administrative                     (4) The issuance of the proposed
                                                    Wisconsin.                                              control, in accordance with the                        license amendment is in accordance
                                                                                                            requirements of 10 CFR 50.75(e)(1).                    with 10 CFR part 51 of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    II                                                         The application also requested                      Commission’s regulations, and all
                                                      By letter dated October 8, 2015                       approval of a conforming amendment to                  applicable requirements have been
                                                    (Agencywide Documents Access and                        the license pursuant to 10 CFR 50.80                   satisfied.
                                                    Management System (ADAMS)                               and 10 CFR 50.90. No physical or                          The findings set forth above are
                                                    Accession No. ML15307A310), as                          operational changes to the facility were               supported by an NRC safety evaluation
                                                    supplemented by letter dated December                   requested beyond those encompassed in                  dated May 20, 2016, which is available
                                                    15, 2015 (ADAMS Accession No.                           the LACBWR Post Shutdown                               at ADAMS Accession No.
                                                    ML16004A147), DPC submitted an                          Decommissioning Activities Report.                     ML16123A074.


                                               VerDate Sep<11>2014   18:30 Jun 01, 2016   Jkt 238001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\02JNN1.SGM   02JNN1


                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                            35385

                                                    III                                                       For the Nuclear Regulatory Commission.               select ‘‘Begin Web-based ADAMS
                                                                                                            Scott Moore,                                           Search.’’ For problems with ADAMS,
                                                      Accordingly, pursuant to Sections                     Acting Director, Office of Nuclear Material            please contact the NRC’s Public
                                                    161b, 161i, and 184 of the Act, 42 U.S.C.               Safety and Safeguards.                                 Document Room (PDR) reference staff at
                                                    Sections 2201(b), 2201(i), and 2234; and                [FR Doc. 2016–13013 Filed 6–1–16; 8:45 am]             1–800–397–4209, 301–415–4737, or by
                                                    10 CFR 50.80, it is hereby ordered that                                                                        email to pdr.resource@nrc.gov. The
                                                                                                            BILLING CODE 7590–01–P
                                                    the transfer of the license, as described                                                                      ADAMS accession number for each
                                                    herein, to LS is approved, subject to the                                                                      document referenced (if it is available in
                                                    following condition:                                    NUCLEAR REGULATORY                                     ADAMS) is provided the first time that
                                                       Prior to the closing of the license transfer         COMMISSION                                             it is mentioned in this document. The
                                                    from DPC to LS, LS shall provide the                                                                           request for the amendment and
                                                                                                            [Docket Nos. 52–027 and 52–028; NRC–
                                                    Directors of NRC’s Office of Nuclear Material                                                                  exemption was submitted by letter
                                                                                                            2008–0441]
                                                    Safety and Safeguards (NMSS) and Office of                                                                     dated December 19, 2014 (ADAMS
                                                    Nuclear Reactor Regulation (NRR)                        Virgil C. Summer Nuclear Station,                      Accession No. ML14353A126). The
                                                    satisfactory documentary evidence that it has           Units 2 and 3; South Carolina Electric                 licensee supplemented this request by
                                                    obtained the appropriate amount of                      & Gas Company, South Carolina Public                   letter dated February 25, 2015 (ADAMS
                                                    insurance required of a licensee under 10               Service Authority, Consolidation of                    Accession No. ML15056A429).
                                                    CFR 140.12 and 10 CFR 50.54(w) of the                   Class 1E DC and Uninterruptible Power                     • NRC’s PDR: You may examine and
                                                    Commission’s regulations, consistent with               Supply System Spare Battery                            purchase copies of public documents at
                                                    the exemptions issued to LACBWR on June                 Termination Boxes                                      the NRC’s PDR, One White Flint North,
                                                    26, 1986.                                                                                                      11555 Rockville Pike, Rockville,
                                                                                                            AGENCY:  Nuclear Regulatory                            Maryland 20852. Specific information
                                                       It is further ordered that, consistent               Commission.                                            on NRC’s PDR is available at http://
                                                    with 10 CFR 2.1315(b), the license                      ACTION: Exemption and combined                         www.nrc.gov/reading-rm/pdr.html.
                                                    amendment that makes changes, as                        license amendment; issuance.                           FOR FURTHER INFORMATION CONTACT:
                                                    indicated in Enclosure 2 to the cover
                                                                                                                                                                   William (Billy) Gleaves, Office of New
                                                    letter forwarding this Order, to conform                SUMMARY:    The U.S. Nuclear Regulatory                Reactors, U.S. Nuclear Regulatory
                                                    the license to reflect the subject direct               Commission (NRC) is granting an                        Commission, Washington, DC 20555–
                                                    license transfer is approved. The                       exemption to allow changes to the                      0001; telephone: 301–415–5848; email:
                                                    amendment shall be issued and made                      certification information of Tier 1 of the             Bill.Gleaves@nrc.gov.
                                                    effective at the time the proposed direct               AP1000 generic design control
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    license transfer is completed.                          document (DCD) and issuing License
                                                       It is further ordered that LS shall                  Amendment No. 43 to Combined                           I. Introduction
                                                    inform the Directors of NMSS and NRR                    Licenses (COL), NPF–93 and NPF–94.                        The NRC is granting an exemption
                                                    in writing of the date of closing of the                The COLs were issued to South Carolina                 from Tier 1 information in the certified
                                                    transfer of the DPC interests in                        Electric & Gas Company (SCE&G), and                    DCD incorporated by reference in part
                                                    LACBWR, at least 1 business day prior                   South Carolina Public Service Authority                52 of title 10 of the Code of Federal
                                                    to closing. Should the transfer of the                  (together called the licensee) in March                Regulations (10 CFR), appendix D,
                                                    license not be completed within 1 year                  2012, for the construction and operation               ‘‘Design Certification Rule for the
                                                    of this Order’s date of issuance, this                  of the Virgil C. Summer Nuclear Station                AP1000 Design,’’ and issuing License
                                                    Order shall become null and void;                       (VCSNS), Units 2 and 3, located in                     Amendment No. 43 to COLs, NPF–93
                                                    provided, however, that upon written                    Fairfield County, South Carolina.                      and NPF–94, to the licensee. The
                                                    application and for good cause shown,                   DATES: June 2, 2016.                                   exemption is required by paragraph A.4
                                                    such date may be extended by order.                     ADDRESSES: Please refer to Docket ID                   of Section VIII, ‘‘Processes for Changes
                                                       This Order is effective upon issuance.               NRC–2008–0441 when contacting the                      and Departures,’’ Appendix D to 10 CFR
                                                                                                            NRC about the availability of                          part 52 to allow the licensee to change
                                                       For further details with respect to this             information regarding this document.                   Tier 1 information.
                                                    Order, see the initial application dated                You may obtain publicly-available                         The granting of the exemption allows
                                                    October 8, 2015, as supplemented by                     information related to this document                   the changes to Tier 1 information
                                                    letter dated December 15, 2015, and the                 using any of the following methods:                    requested in the amendment. Because
                                                    associated NRC safety evaluation dated                     • Federal Rulemaking Web site: Go to                the acceptability of the exemption was
                                                    May 20, 2016, which are available for                   http://www.regulations.gov and search                  determined in part by the acceptability
                                                    public inspection at the Commission’s                   for Docket ID NRC–2008–0441. Address                   of the amendment, the exemption and
                                                    Public Document Room (PDR), located                     questions about NRC dockets to Carol                   amendment are being issued
                                                    at One White Flint North, Public File                   Gallagher; telephone: 301–415–3463;                    concurrently. Specifically, the
                                                    Area 01–F21, 11555 Rockville Pike (first                email: Carol.Gallagher@nrc.gov. For                    amendments allow the implementation
                                                    floor), Rockville, Maryland. Publicly                   technical questions, contact the                       of changes to the Class 1E dc and
                                                    available documents are accessible                      individual listed in the FOR FURTHER                   Uninterruptible Power Supply System
                                                    electronically through ADAMS in the                     INFORMATION CONTACT section of this                    (IDS), replacing four spare termination
                                                    NRC Library at http://www.nrc.gov/                      document.                                              boxes with a single spare battery
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    reading-rm/adams.html. Persons who                         • NRC’s Agencywide Documents                        termination box and minor cable
                                                    encounter problems with ADAMS                           Access and Management System                           raceway and cable routing changes. The
                                                    should contact the NRC’s PDR reference                  (ADAMS): You may obtain publicly-                      exemptions allow the implementation of
                                                    staff by telephone at 1–800–397–4209 or                 available documents online in the                      changes to the plant-specific Tier 1
                                                    301–415–4737 or by email to                             ADAMS Public Documents collection at                   UFSAR that are different from those in
                                                    pdr.resource@nrc.gov.                                   http://www.nrc.gov/reading-rm/                         the generic Tier 1 information in the
                                                      Dated at Rockville, Maryland this 20th day            adams.html. To begin the search, select                AP1000 Certified Design Control
                                                    of May 2016.                                            ‘‘ADAMS Public Documents’’ and then                    Document.


                                               VerDate Sep<11>2014   18:30 Jun 01, 2016   Jkt 238001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\02JNN1.SGM   02JNN1



Document Created: 2016-06-02 01:22:37
Document Modified: 2016-06-02 01:22:37
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 transfer of license; order.
DatesThe Order was issued on May 20, 2016, and is effective for one year.
ContactMarlayna G. Vaaler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3178, email: [email protected]
FR Citation81 FR 35383 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR