82 FR 13018 - In the Matter of Entergy Nuclear FitzPatrick, LLC, Entergy Nuclear Operations, Inc., and Exelon Generation Company, LLC; James A. FitzPatrick Nuclear Power Plant
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 44 (March 8, 2017)
Federal Register Volume 82, Issue 44 (March 8, 2017)
| Page Range | 13018-13019 | |
| FR Document | 2017-04537 |
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)] [Notices] [Pages 13018-13019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04537] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2016-0195] In the Matter of Entergy Nuclear FitzPatrick, LLC, Entergy Nuclear Operations, Inc., and Exelon Generation Company, LLC; James A. FitzPatrick Nuclear Power Plant AGENCY: Nuclear Regulatory Commission. ACTION: Direct transfer of license; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the transfer of the James A. FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DPR-59, and the transfer of the generally licensed FitzPatrick Independent Spent Fuel Storage Installation from Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc. to Exelon Generation Company, LLC. DATES: The Order was issued on March 1, 2017, and is effective for one year. ADDRESSES: Please refer to Docket ID NRC-2016-0195 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-2016-0195. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; e-mail: [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 e-mail 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: Dr. Diane L. Render, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3629; e-mail: [email protected]. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 1st day of March 2017. For the Nuclear Regulatory Commission. Diane L. Render, Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. Attachment--Order Approving Direct Transfer of License and Approving Conforming Amendment Attachment--Order Approving Direct Transfer of License and Approving Conforming Amendment UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2016-0195] In the Matter of Entergy Nuclear FitzPatrick, LLC, Entergy Nuclear Operations, Inc., and Exelon Generation Company, LLC; James A. FitzPatrick Nuclear Power Plant ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING AMENDMENT I. Entergy Nuclear FitzPatrick, LLC (ENF) and Entergy Nuclear Operations, Inc. (ENO) (collectively, Entergy) are the owner and operator, respectively, of the James A. FitzPatrick Nuclear Power Plant (FitzPatrick) and are the co-holders of Renewed Facility Operating License No. DPR-59 and the general license for the FitzPatrick Independent Spent Fuel Storage Installation (ISFSI). FitzPatrick is a General Electric boiling-water reactor located in Oswego County, New York. II. By application dated August 18, 2016, as supplemented by letter dated November 29, 2016, Entergy and Exelon Generation Company, LLC (Exelon) jointly requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), section 50.80 (10 CFR 50.80), that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of the FitzPatrick renewed facility operating license and the FitzPatrick ISFSI general license from Entergy to Exelon. Future references to FitzPatrick include the general license for the FitzPatrick ISFSI. In response to the request by Entergy and Exelon for consent to the direct transfer of the FitzPatrick renewed facility operating license and the FitzPatrick ISFSI general license, the NRC published a notice entitled, ``James A. FitzPatrick Nuclear Power Plant; Consideration of Approval of Transfer of License and Conforming Amendment,'' [[Page 13019]] in the Federal Register on September 15, 2016 (81 FR 63500). The NRC received 22 comments and no hearing requests. All comments were in support of the proposed action. 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 application, and other information before the NRC, and relying upon the representations and agreements contained in the application, the NRC staff has determined that Exelon is qualified to hold the FitzPatrick renewed facility operating license and the FitzPatrick ISFSI general license. The NRC staff has also determined that the transfer of these licenses is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, pursuant thereto, subject to the condition set forth below. Upon review of the application for a conforming license amendment to reflect this transfer, the NRC staff has determined that the application for the conforming 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 this 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 this amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of this amendment will be in accordance with 10 CFR part 51 of the Commission's regulations and all applicable requirements will have been satisfied. The findings set forth above are supported by an NRC safety evaluation dated March 1, 2017, and available under Agencywide Documents Access and Management System (ADAMS) Accession No. ML17041A196. III. Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 USC Sec. Sec. 2201(b), 2201(i), and 2234; and 10 CFR 50.80, it is hereby ordered that the application regarding the proposed direct license transfer is approved, subject to the following condition: Prior to the completion of the license transfer, Exelon Generation Company, LLC shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR part 140 and 10 CFR part 50. 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, after receipt of all required regulatory approvals of the proposed direct license transfer, Exelon shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt, and of the date of closing of the transfer, no later than 2 business days prior to the date of the closing of the direct license transfer. Should the proposed direct license transfer not be completed within 1 year of this Order's date of issuance, this Order shall become null and void, provided, however, 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 application dated August 18, 2016 (ADAMS Accession No. ML16235A081), as supplemented by letter dated November 29, 2016 (ADAMS Accession No. ML16335A104), and the NRC's nonproprietary Safety Evaluation dated March 1, 2017 (ADAMS Accession No. ML17041A196), which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415- 4737, or by email to [email protected]. Dated at Rockville, Maryland, this 1st day of March 2017. For the Nuclear Regulatory Commission. William M. Dean, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2017-04537 Filed 3-7-17; 8:45 am] BILLING CODE 7590-01-P
![13018 Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices
that challenged the NRC staff’s approval SUMMARY: The U.S. Nuclear Regulatory For the Nuclear Regulatory Commission.
of Entergy’s exemption requests. The Commission (NRC) is issuing an order Diane L. Render,
Petitioners raised concerns about the approving the transfer of the James A. Project Manager, Plant Licensing Branch I,
use of Trust fund for costs associated FitzPatrick Nuclear Power Plant Division of Operating Reactor Licensing,
with irradiated fuel management, citing Renewed Facility Operating License No. Office of Nuclear Reactor Regulation.
that a potential shortfall in the Fund DPR–59, and the transfer of the Attachment—Order Approving Direct
would result in radiological and generally licensed FitzPatrick Transfer of License and Approving
environmental consequences as well as Independent Spent Fuel Storage Conforming Amendment
economic risk to the Vermont taxpayers. Installation from Entergy Nuclear
As discussed earlier, the NRC has FitzPatrick, LLC and Entergy Nuclear Attachment—Order Approving Direct
determined that there is reasonable Operations, Inc. to Exelon Generation Transfer of License and Approving
assurance that adequate funds are Company, LLC. Conforming Amendment
available in the Trust to complete all UNITED STATES OF AMERICA
DATES: The Order was issued on March
activities associated with
1, 2017, and is effective for one year. NUCLEAR REGULATORY
decommissioning and irradiated fuel
management activities. Further, the NRC COMMISSION
ADDRESSES: Please refer to Docket ID
has concluded in this EA that there are NRC–2016–0195 when contacting the [Docket Nos. 50–333 and 72–012;
no environmental impacts as a result of NRC about the availability of License No. DPR–59; NRC–2016–0195]
the exemptions. information regarding this document. In the Matter of Entergy Nuclear
IV. Finding of No Significant Impact You may obtain publicly-available FitzPatrick, LLC, Entergy Nuclear
information related to this document Operations, Inc., and Exelon
Entergy proposed exemptions from using any of the following methods: Generation Company, LLC; James A.
§§ 50.82(a)(8)(i)(A) and 50.75(h)(2) to
allow the licensee to use funds from the • Federal Rulemaking Web Site: Go to FitzPatrick Nuclear Power Plant
Trust for irradiated fuel management http://www.regulations.gov and search ORDER APPROVING DIRECT
activities, without prior written for Docket ID NRC–2016–0195. Address TRANSFER OF LICENSE AND
notification to the NRC. The NRC questions about NRC dockets to Carol APPROVING CONFORMING
granted the exemptions on June 23, Gallagher; telephone: 301–415–3463; e- AMENDMENT
2015. mail: Carol.Gallagher@nrc.gov. For
technical questions, contact the I.
Consistent with § 51.21, the NRC
conducted the environmental individual listed in the FOR FURTHER Entergy Nuclear FitzPatrick, LLC
assessment for the exemptions included INFORMATION CONTACT section of this (ENF) and Entergy Nuclear Operations,
in Section II of this document and document. Inc. (ENO) (collectively, Entergy) are the
incorporated by reference in this • NRC’s Agencywide Documents owner and operator, respectively, of the
finding. On the basis of this Access and Management System James A. FitzPatrick Nuclear Power
environmental assessment, the NRC (ADAMS): You may obtain publicly Plant (FitzPatrick) and are the co-
concludes that the exemptions did not, available documents online in the holders of Renewed Facility Operating
and will not, have significant effects on ADAMS Public Documents collection at License No. DPR–59 and the general
the quality of the human environment. http://www.nrc.gov/reading-rm/ license for the FitzPatrick Independent
Accordingly, the NRC has decided not adams.html. To begin the search, select Spent Fuel Storage Installation (ISFSI).
to prepare an environmental impact ‘‘ADAMS Public Documents’’ and then FitzPatrick is a General Electric boiling-
statement for the action. select ‘‘Begin Web-based ADAMS water reactor located in Oswego County,
Search.’’ For problems with ADAMS, New York.
Dated at Rockville, Maryland, this 1st day
of March, 2017. please contact the NRC’s Public II.
For the Nuclear Regulatory Commission. Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by By application dated August 18, 2016,
Bruce Watson, as supplemented by letter dated
e-mail to pdr.resource@nrc.gov. The
Chief, Reactor Decommissioning Branch, November 29, 2016, Entergy and Exelon
Division of Decommissioning, Uranium
ADAMS accession number for each
document referenced in this document Generation Company, LLC (Exelon)
Recovery and Waste Programs, Office of jointly requested, pursuant to Title 10 of
Nuclear Material Safety and Safeguards. (if that document is available in
ADAMS) is provided the first time that the Code of Federal Regulations (10
[FR Doc. 2017–04542 Filed 3–7–17; 8:45 am] CFR), section 50.80 (10 CFR 50.80), that
a document is referenced.
BILLING CODE 7590–01–P the U.S. Nuclear Regulatory
• NRC’s PDR: You may examine and Commission (NRC) consent to the direct
purchase copies of public documents at transfer of the FitzPatrick renewed
NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One facility operating license and the
COMMISSION White Flint North, 11555 Rockville FitzPatrick ISFSI general license from
[Docket Nos. 50–333 and 72–012; License Pike, Rockville, Maryland 20852. Entergy to Exelon. Future references to
No. DPR–59; NRC–2016–0195] FOR FURTHER INFORMATION CONTACT: Dr. FitzPatrick include the general license
Diane L. Render, Office of Nuclear for the FitzPatrick ISFSI.
In the Matter of Entergy Nuclear In response to the request by Entergy
Reactor Regulation, U.S. Nuclear
FitzPatrick, LLC, Entergy Nuclear and Exelon for consent to the direct
mstockstill on DSK3G9T082PROD with NOTICES
Regulatory Commission, Washington,
Operations, Inc., and Exelon transfer of the FitzPatrick renewed
DC 20555–0001; telephone: 301–415–
Generation Company, LLC; James A. facility operating license and the
3629; e-mail: Diane.Render@nrc.gov.
FitzPatrick Nuclear Power Plant FitzPatrick ISFSI general license, the
SUPPLEMENTARY INFORMATION: The text of NRC published a notice entitled, ‘‘James
AGENCY: Nuclear Regulatory the Order is attached.
Commission. A. FitzPatrick Nuclear Power Plant;
Dated at Rockville, Maryland, this 1st day Consideration of Approval of Transfer of
ACTION: Direct transfer of license; order.
of March 2017. License and Conforming Amendment,’’
VerDate Sep<11>2014 17:34 Mar 07, 2017 Jkt 241001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/82_FR_13062/page/1.svg)
![Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices 13019
in the Federal Register on September the proposed direct license transfer is Director, Office of Nuclear Reactor
15, 2016 (81 FR 63500). The NRC approved, subject to the following Regulation.
received 22 comments and no hearing condition: [FR Doc. 2017–04537 Filed 3–7–17; 8:45 am]
requests. All comments were in support Prior to the completion of the license BILLING CODE 7590–01–P
of the proposed action. transfer, Exelon Generation Company, LLC
Under 10 CFR 50.80, no license, or shall provide satisfactory documentary
any right thereunder, shall be evidence to the Director of the Office of NUCLEAR REGULATORY
transferred, directly or indirectly, Nuclear Reactor Regulation that it has COMMISSION
through transfer of control of the obtained the appropriate amount of
insurance required of a licensee under 10 [NRC–2017–0047]
license, unless the NRC shall give its
consent in writing. Upon review of the CFR part 140 and 10 CFR part 50.
Applications and Amendments to
information in the application, and It is further ordered that, consistent Facility Operating Licenses and
other information before the NRC, and with 10 CFR 2.1315(b), the license Combined Licenses Involving
relying upon the representations and amendment that makes changes, as Proposed No Significant Hazards
agreements contained in the indicated in Enclosure 2 to the cover Considerations and Containing
application, the NRC staff has letter forwarding this Order, to conform Sensitive Unclassified Non-Safeguards
determined that Exelon is qualified to the license to reflect the subject direct Information and Order Imposing
hold the FitzPatrick renewed facility license transfer is approved. The Procedures for Access to Sensitive
operating license and the FitzPatrick amendment shall be issued and made Unclassified Non-Safeguards
ISFSI general license. The NRC staff has effective at the time the proposed direct Information
also determined that the transfer of license transfer is completed.
these licenses is otherwise consistent It is further ordered that, after receipt AGENCY: Nuclear Regulatory
with the applicable provisions of law, of all required regulatory approvals of Commission.
regulations, and orders issued by the the proposed direct license transfer, ACTION: License amendment request;
NRC, pursuant thereto, subject to the Exelon shall inform the Director of the notice of opportunity to comment,
condition set forth below. Office of Nuclear Reactor Regulation in request a hearing, and petition for leave
Upon review of the application for a writing of such receipt, and of the date to intervene; order imposing
conforming license amendment to of closing of the transfer, no later than procedures.
reflect this transfer, the NRC staff has 2 business days prior to the date of the
determined that the application for the closing of the direct license transfer. SUMMARY: The U.S. Nuclear Regulatory
conforming license amendment Should the proposed direct license Commission (NRC) received and is
complies with the standards and transfer not be completed within 1 year considering approval of three
requirements of the Atomic Energy Act of this Order’s date of issuance, this amendment requests. The amendment
of 1954, as amended (the Act), and the Order shall become null and void, requests are for LaSalle County Station,
Commission’s rules and regulations set provided, however, upon written Units 1 and 2; Virgil C. Summer Nuclear
forth in 10 CFR chapter I; the facility application and for good cause shown, Station, Units 2 and 3; and Vogtle
will operate in conformity with the such date may be extended by order. Electric Generating Plant, Units 3 and 4.
application, the provisions of the Act, This Order is effective upon issuance. For each amendment request, the NRC
and the rules and regulations of the For further details with respect to this proposes to determine that they involve
Commission; there is reasonable Order, see the application dated August no significant hazards consideration.
assurance that the activities authorized 18, 2016 (ADAMS Accession No. Because each amendment request
by this amendment can be conducted ML16235A081), as supplemented by contains sensitive unclassified non-
without endangering the health and letter dated November 29, 2016 safeguards information (SUNSI), an
safety of the public and that such (ADAMS Accession No. ML16335A104), order imposes procedures to obtain
activities will be conducted in and the NRC’s nonproprietary Safety access to SUNSI for contention
compliance with the Commission’s Evaluation dated March 1, 2017 preparation.
regulations; the issuance of this (ADAMS Accession No. ML17041A196), DATES: Comments must be filed by April
amendment will not be inimical to the which are available for public 7, 2017. A request for a hearing must be
common defense and security or to the inspection at the Commission’s Public filed by May 8, 2017. Any potential
health and safety of the public; and the Document Room (PDR), located at One party as defined in § 2.4 of title 10 of the
issuance of this amendment will be in White Flint North, Public File Area O1 Code of Federal Regulations (10 CFR),
accordance with 10 CFR part 51 of the F21, 11555 Rockville Pike (first floor), who believes access to SUNSI is
Commission’s regulations and all Rockville, Maryland. Publicly available necessary to respond to this notice must
applicable requirements will have been documents created or received at the request document access by March 20,
satisfied. NRC are accessible electronically
The findings set forth above are 2017.
through ADAMS in the NRC Library at ADDRESSES: You may submit comments
supported by an NRC safety evaluation http://www.nrc.gov/reading-rm/
dated March 1, 2017, and available by any of the following methods (unless
adams.html. Persons who do not have this document describes a different
under Agencywide Documents Access access to ADAMS, or who encounter
and Management System (ADAMS) method for submitting comments on a
problems in accessing the documents specific subject):
Accession No. ML17041A196. located in ADAMS, should contact the • Federal Rulemaking Web site: Go to
mstockstill on DSK3G9T082PROD with NOTICES
III. NRC PDR reference staff by telephone at http://www.regulations.gov and search
Accordingly, pursuant to Sections 1–800–397–4209 or 301–415–4737, or for Docket ID NRC–2017–0047. Address
161b, 161i, and 184 of the Atomic by email to pdr.resource@nrc.gov. questions about NRC dockets to Carol
Energy Act of 1954, as amended (the Dated at Rockville, Maryland, this 1st day Gallagher; telephone: 301–415–3463;
Act), 42 USC §§ 2201(b), 2201(i), and of March 2017. email: Carol.Gallagher@nrc.gov. For
2234; and 10 CFR 50.80, it is hereby For the Nuclear Regulatory Commission. technical questions, contact the
ordered that the application regarding William M. Dean, individual listed in the FOR FURTHER
VerDate Sep<11>2014 17:34 Mar 07, 2017 Jkt 241001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1](https://thefederalregister.org/doc/82_FR_13062/page/2.svg)
Document Created: 2017-03-08 05:06:41
Document Modified: 2017-03-08 05:06:41
| 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 March 1, 2017, and is effective for one year. | |
| Contact | Dr. Diane L. Render, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3629; e-mail: [email protected] | |
| FR Citation | 82 FR 13018 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR