82_FR_23944 82 FR 23845 - Vermont Yankee Nuclear Power Station; Entergy Nuclear Operations, Inc.; Consideration of Approval of Transfer of License and Conforming Amendment

82 FR 23845 - Vermont Yankee Nuclear Power Station; Entergy Nuclear Operations, Inc.; Consideration of Approval of Transfer of License and Conforming Amendment

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 99 (May 24, 2017)

Page Range23845-23849
FR Document2017-10655

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by the Entergy Nuclear Operations, Inc. (ENO) on February 9, 2017. The application seeks NRC approval of the direct transfer of Renewed Facility Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station (VYNPS), as well as the general license for the VYNPS Independent Spent Fuel Storage Installation, from ENO, the current licensed operator of VYNPS, to NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC), a wholly-owned subsidiary of NorthStar Group Services, Inc. (NorthStar). The request is also for the indirect transfer of control of Entergy Nuclear Vermont Yankee, LLC (ENVY), the licensed owner of the VYNPS, from ENVY's Entergy parent companies to NorthStar Decommissioning Holdings, LLC and its parents NorthStar, LVI Parent Corp., and NorthStar Group Holdings, LLC. The NRC is also considering amending the facility operating license for administrative purposes to reflect the proposed transfer. The application contains sensitive unclassified non- safeguards information (SUNSI).

Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017)
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23845-23849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10655]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271; NRC-2017-0125]


Vermont Yankee Nuclear Power Station; Entergy Nuclear Operations, 
Inc.; Consideration of Approval of Transfer of License and Conforming 
Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for direct transfer of facility operating license 
and conforming amendment; opportunity to comment, request a hearing, 
and petition for leave to intervene.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed by the Entergy Nuclear 
Operations, Inc. (ENO) on February 9, 2017. The application seeks NRC 
approval of the direct transfer of Renewed Facility Operating License 
No. DPR-28 for the Vermont Yankee Nuclear Power Station (VYNPS), as 
well as the general license for the VYNPS Independent Spent Fuel 
Storage Installation, from ENO, the current licensed operator of VYNPS, 
to NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC), a 
wholly-owned subsidiary of NorthStar Group Services, Inc. (NorthStar). 
The request is also for the indirect transfer of control of Entergy 
Nuclear Vermont Yankee, LLC (ENVY), the licensed owner of the VYNPS, 
from ENVY's Entergy parent companies to NorthStar Decommissioning 
Holdings, LLC and its parents NorthStar, LVI Parent Corp., and 
NorthStar Group Holdings, LLC. The NRC is also considering amending the 
facility operating license for administrative purposes to reflect the 
proposed transfer. The application contains sensitive unclassified non-
safeguards information (SUNSI).

DATES: Comments must be filed by June 23, 2017. A request for a hearing 
must be filed by June 13, 2017. Any potential party as defined in Sec.  
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SUNSI is necessary to respond to this notice must 
follow the instructions in Section VI of the SUPPLEMENTARY INFORMATION 
section of this notice.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0125. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual in the FOR FURTHER INFORMATION CONTACT section of this 
document
     Email comments to: [email protected]. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission,

[[Page 23846]]

Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jack Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6634, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0125 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0125.
     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 the 
SUPPLEMENTARY INFORMATION section.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2017-0125 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC is considering a request for approval of an application for 
transfer of a license, under 10 CFR 50.80 and 72.50, approving the 
direct transfer of control of Facility Operating License No. DPR-28, 
for the VYNPS, as well as the general license for the VYNPS Independent 
Spent Fuel Storage Installation (ISFSI), currently held by ENO, to 
NorthStar NDC. The request is also for the indirect transfer of control 
of ENVY from ENVY's Entergy parent companies to NorthStar 
Decommissioning Holdings, LLC, and its parents NorthStar, LVI Parent 
Corp. and NorthStar Group Holdings, LLC. The NRC is also considering 
the request for amending the facility operating license for 
administrative purposes to reflect the proposed transfer.
    The application now being considered is dated February 9, 2017 
(ADAMS Accession No. ML17045A140), and was jointly filed by ENO, ENVY 
and NorthStar NDC (together, applicants). The applicants requested that 
the NRC consent to the transfers of the licensed possession, 
maintenance, and decommissioning authorities by December 31, 2017, to 
implement expedited decommissioning of the VYNPS.
    Following approval of the proposed direct transfer of control of 
the license, NorthStar NDC would assume licensed responsibility for 
VYNPS through the direct transfer of ENO's responsibility for licensed 
activities at VYNPS to NorthStar NDC. NorthStar VY would also enter 
into an operating agreement with NorthStar NDC, which provides for 
NorthStar NDC to act as NorthStar VY's agent and for NorthStar VY to 
pay NorthStar NDC's costs of operation, including all decommissioning 
costs. If the proposed indirect transfer of control is approved, ENVY 
would change its name to NorthStar VY, but the same legal entity would 
continue to exist before and after the proposed transfer. NorthStar VY 
would own the VYNPS facility as well as its associated assets and real 
estate, including its nuclear decommissioning trust fund, title to 
spent nuclear fuel, and rights pursuant to the terms of its Standard 
Contract for Disposal of Spent Nuclear Fuel and/or High-Level 
Radioactive Waste with the U.S. Department of Energy. Certain off-site 
assets and real estate of ENVY are excluded, such as administrative 
offices, off-site training facilities, etc.
    Upon the proposed license transfer, NorthStar NDC would assume 
responsibility for compliance with the current licensing basis, 
including regulatory commitments that exist at closing, and would 
implement any changes under applicable regulatory requirements and 
practices.
    As discussed in ENVY's 2014 Post Shutdown Decommissioning 
Activities Report (2014 PSDAR, ADAMS Accession No. ML14357A110), under 
the December 23, 2013, settlement agreement with State of Vermont 
agencies (Attachment 2 to the 2014 PSDAR), ENVY committed to initiate 
radiological decommissioning when it had made a reasonable 
determination that it had sufficient funds to complete decommissioning 
and remaining spent fuel management obligations. Under the assumptions 
and circumstances described in the 2014 PSDAR, ENVY could commence 
radiological decommissioning under the agreement with the State of 
Vermont agencies in approximately 2053 and complete such activities in 
approximately 2060. However, ENVY's current decommissioning plans, as 
described in the 2014 PSDAR, assume that the completion of radiological 
decommissioning will be by the maximum allowed (under 10 CFR 50.82) 
date of 2073, with site restoration by 2075. In contrast, if the 
transfer to dry storage of the spent fuel proceeds as described in the 
ENO notification of schedule change for dry fuel loading dated April 
12, 2017 (ADAMS accession number ML17104A050), transfer of the 
remaining spent fuel in the spent fuel pool would commence in 2017 and 
be complete in late 2018. Upon the proposed license transfer date at 
the end of 2018, NorthStar NDC would become responsible for an ISFSI 
that contains all of the VY spent fuel. NorthStar NDC then would begin 
VYNPS decommissioning activities promptly and would plan to complete 
radiological decommissioning and restoration of the non-ISFSI portions 
of the VYNPS site by the end of 2030 (and potentially as early as 
2026). NorthStar VY and NorthStar NDC would then restore the site in

[[Page 23847]]

accordance with standards approved by the Vermont Public Service Board 
(PSB). Under Vermont state law, the PSB must also approve the 
transaction and issue an amended Certificate of Public Good. In 
parallel with NRC's review of the application, NorthStar NDC submitted 
an updated proposed PSDAR, dated April 6, 2017 (ADAMS Accession No. 
ML17096A394), to become effective after license transfer, which would 
reflect NorthStar NDC's plans for accelerated decommissioning following 
the proposed transfers of the license.
    Before making a decision on the transfer, and before issuance of 
the proposed conforming license amendment, the Commission will evaluate 
the request against the requirements of the Atomic Energy Act of 1954, 
as amended (the Act), and the Commission's regulations. The NRC's 
regulations at Sec.  50.80 and Sec.  72.50 state that no license, or 
any right thereunder, shall be transferred, directly or indirectly, 
through transfer of control of the license, unless the Commission shall 
give its consent in writing. The Commission will approve an application 
for the direct transfer of a license if the Commission determines that 
the proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
or to the license of an Independent Spent Fuel Storage Installation 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration and no genuine 
issue as to whether the health and safety of the public will be 
significantly affected. No contrary determination has been made with 
respect to this specific license amendment application. In light of the 
generic determination reflected in 10 CFR 2.1315, no public comments 
with respect to significant hazards considerations are being solicited, 
notwithstanding the general comment procedures contained in 10 CFR 
50.91. An Environmental Assessment will not be performed because, 
pursuant to 10 CFR 51.22(c)(21), license transfer approvals and the 
associated license amendments are categorically excluded from the 
requirements to perform an environmental assessment.

III. Public Meeting and Opportunity To Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document.
    In addition, the NRC staff will be participating in a public 
meeting of the Vermont Nuclear Decommissioning Citizens Advisory Panel 
(NDCAP) on May 25, 2017, in Brattleboro, VT. The time, location, and 
agenda for the meeting will be posted on the NDCAP Web site at: http://publicservice.vermont.gov/electric/ndcap. The NRC personnel will give a 
presentation on the license transfer application review process at the 
NDCAP meeting and will take any public oral or written comments on the 
application for the proposed license transfer and the associated 
proposed updated PSDAR. The meeting will be transcribed and will 
include: (1) A presentation by NorthStar and Entergy on the proposed 
license transfer; (2) a presentation by NRC on the review of the 
application for the proposed license transfer; and, (3) a discussion 
with the public on the proposed license transfer and the proposed 
updated PSDAR. To be considered, comments must be provided either at 
the transcribed public meeting or submitted by the comment deadline 
identified in the DATES section of this document. For additional 
information regarding the meeting, see the NRC's Public Meeting 
Schedule Web site at http://meetings.nrc.gov/pmns/mtg. The agenda will 
be posted no later than 10 days prior to the meeting.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 20 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 20 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the

[[Page 23848]]

deadline will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by June 
13, 2017. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions for leave 
to intervene set forth in this section, except that under Sec.  
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. Alternatively, a State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562, August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike,

[[Page 23849]]

Rockville, Maryland 20852, Attention: Rulemaking and Adjudications 
Staff. Participants filing adjudicatory documents in this manner are 
responsible for serving the document on all other participants. Filing 
is considered complete by first-class mail as of the time of deposit in 
the mail, or by courier, express mail, or expedited delivery service 
upon depositing the document with the provider of the service. A 
presiding officer, having granted an exemption request from using E-
Filing, may require a participant or party to use E-Filing if the 
presiding officer subsequently determines that the reason for granting 
the exemption from use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to this application, see the 
application dated February 9, 2017 (ADAMS Accession No. ML17045A140).

VI. Access to Sensitive Unclassified Non-Safeguards Information for 
Contention Preparation

    Any person who desires access to proprietary, confidential 
commercial information that has been redacted from the application 
should contact the applicant by telephoning Gregory G. DiCarlo, Vice 
President & General Counsel, NorthStar Group Services, Inc., at 203-
222-0584 x3051, for the purpose of negotiating a confidentiality 
agreement or a proposed protective order with the applicant. If no 
agreement can be reached, persons who desire access to this information 
may file a motion with the Secretary and addressed to the Commission 
that requests the issuance of a protective order.

    Dated at Rockville, Maryland, this 19th day of May, 2017.

    For the Nuclear Regulatory Commission.
Gregory F. Suber,
Acting Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-10655 Filed 5-23-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices                                               23845

                                                    and defueled reactor, to approve the                    increase in individual or cumulative                  comment, request a hearing, and
                                                    suspension of security measures during                  public or occupational radiation                      petition for leave to intervene.
                                                    an emergency to protect the public                      exposure. The exempted regulation is
                                                    health and safety, and during severe                                                                          SUMMARY: The U.S. Nuclear Regulatory
                                                                                                            not associated with construction, so
                                                    weather to protect the safety of the                    there is no significant construction                  Commission (NRC) received and is
                                                    security force, consistent with the                     impact. The exempted regulation does                  considering approval of an application
                                                    similar authority provided by § 50.54(y).               not concern the source term (i.e.,                    filed by the Entergy Nuclear Operations,
                                                    Therefore, the exemption is in the                      potential amount of radiation in an                   Inc. (ENO) on February 9, 2017. The
                                                    public interest.                                        accident), nor mitigation. Thus, there is             application seeks NRC approval of the
                                                                                                            no significant increase in the potential              direct transfer of Renewed Facility
                                                    D. Environmental Considerations                                                                               Operating License No. DPR–28 for the
                                                                                                            for, or consequences of, a radiological
                                                       The NRC’s approval of the exemption                                                                        Vermont Yankee Nuclear Power Station
                                                                                                            accident. The requirement to have a
                                                    to security requirements belongs to a                                                                         (VYNPS), as well as the general license
                                                                                                            licensed senior operator approve
                                                    category of actions that the Commission,                                                                      for the VYNPS Independent Spent Fuel
                                                                                                            departure from security actions may be
                                                    by rule or regulation, has declared to be                                                                     Storage Installation, from ENO, the
                                                                                                            viewed as involving either safeguards,
                                                    a categorical exclusion, after first                                                                          current licensed operator of VYNPS, to
                                                                                                            materials control, or managerial matters.
                                                    finding that the category of actions does                                                                     NorthStar Nuclear Decommissioning
                                                                                                               Therefore, pursuant to § 51.22(b) and              Company, LLC (NorthStar NDC), a
                                                    not individually or cumulatively have a                 (c)(25), no environmental impact
                                                    significant effect on the human                                                                               wholly-owned subsidiary of NorthStar
                                                                                                            statement or environmental assessment                 Group Services, Inc. (NorthStar). The
                                                    environment. Specifically, the                          need be prepared in connection with the
                                                    exemption is categorically excluded                                                                           request is also for the indirect transfer
                                                                                                            approval of this exemption request.                   of control of Entergy Nuclear Vermont
                                                    from further analysis under
                                                    § 51.22(c)(25).                                         IV. Conclusions                                       Yankee, LLC (ENVY), the licensed
                                                       Under § 51.22(c)(25), the granting of                                                                      owner of the VYNPS, from ENVY’s
                                                                                                              Accordingly, the Commission has                     Entergy parent companies to NorthStar
                                                    an exemption from the requirements of                   determined that, pursuant to 10 CFR
                                                    any regulation of Chapter I to 10 CFR is                                                                      Decommissioning Holdings, LLC and its
                                                                                                            73.5, the exemption is authorized by                  parents NorthStar, LVI Parent Corp., and
                                                    a categorical exclusion provided that (i)
                                                                                                            law and will not endanger life or                     NorthStar Group Holdings, LLC. The
                                                    there is no significant hazards
                                                                                                            property or the common defense and                    NRC is also considering amending the
                                                    consideration; (ii) there is no significant
                                                                                                            security, and is otherwise in the public              facility operating license for
                                                    change in the types or significant
                                                                                                            interest. Therefore, the Commission                   administrative purposes to reflect the
                                                    increase in the amounts of any effluents
                                                                                                            hereby grants the licensee’s request for              proposed transfer. The application
                                                    that may be released offsite; (iii) there is
                                                                                                            an exemption from the requirements of                 contains sensitive unclassified non-
                                                    no significant increase in individual or
                                                                                                            10 CFR 73.55(p)(1)(i) and (ii), to                    safeguards information (SUNSI).
                                                    cumulative public or occupational
                                                                                                            authorize that the suspension of security
                                                    radiation exposure; (iv) there is no                                                                          DATES: Comments must be filed by June
                                                    significant construction impact; (v)                    measures must be approved as a
                                                                                                                                                                  23, 2017. A request for a hearing must
                                                    there is no significant increase in the                 minimum by either a licensed senior
                                                                                                                                                                  be filed by June 13, 2017. Any potential
                                                    potential for or consequences from                      operator or a certified fuel handler, at a            party as defined in § 2.4 of title 10 of the
                                                    radiological accidents; and (vi) the                    nuclear power plant reactor facility for              Code of Federal Regulations (10 CFR),
                                                    requirements from which an exemption                    which the certifications required under               who believes access to SUNSI is
                                                    is sought involve: Safeguard plans, and                 10 CFR 50.82(a)(1) have been submitted.               necessary to respond to this notice must
                                                    materials control and accounting                        The exemption is effective upon receipt.              follow the instructions in Section VI of
                                                    inventory scheduling requirements; or                     Dated at Rockville, Maryland, this 16th day         the SUPPLEMENTARY INFORMATION section
                                                    involve other requirements of an                        of May 2017.                                          of this notice.
                                                    administrative, managerial, or                            For the Nuclear Regulatory Commission.              ADDRESSES: You may submit comments
                                                    organizational nature.                                  Eric J. Benner,                                       by any of the following methods (unless
                                                       The Director, Division of Operating                  Deputy Director, Division of Operating                this document describes a different
                                                    Reactor Licensing, Office of Nuclear                    Reactor Licensing, Office of Nuclear Reactor          method for submitting comments on a
                                                    Reactor Regulation, has determined that                 Regulation.                                           specific subject):
                                                    approval of the exemption request                       [FR Doc. 2017–10640 Filed 5–23–17; 8:45 am]              • Federal Rulemaking Web site: Go to
                                                    involves no significant hazards                         BILLING CODE 7590–01–P                                http://www.regulations.gov and search
                                                    consideration because allowing a CFH,                                                                         for Docket ID NRC–2017–0125. Address
                                                    besides a licensed senior operator, to                                                                        questions about NRC dockets to Carol
                                                    approve the security suspension at a                    NUCLEAR REGULATORY                                    Gallagher; telephone: 301–415–3463;
                                                    defueled shutdown power plant does                      COMMISSION                                            email: Carol.Gallagher@nrc.gov. For
                                                    not (1) involve a significant increase in                                                                     technical questions, contact the
                                                    the probability or consequences of an                   [Docket No. 50–271; NRC–2017–0125]                    individual in the FOR FURTHER
                                                    accident previously evaluated; or (2)                                                                         INFORMATION CONTACT section of this
                                                    create the possibility of a new or                      Vermont Yankee Nuclear Power                          document
                                                    different kind of accident from any                     Station; Entergy Nuclear Operations,                     • Email comments to:
                                                    accident previously evaluated; or (3)
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                                                                                                            Inc.; Consideration of Approval of                    Hearingdocket@nrc.gov. If you do not
                                                    involve a significant reduction in a                    Transfer of License and Conforming                    receive an automatic email reply
                                                    margin of safety. The exempted security                 Amendment                                             confirming receipt, then contact us at
                                                    regulation is unrelated to any                                                                                301–415–1677.
                                                    operational restriction. Accordingly,                   AGENCY:   Nuclear Regulatory                             • Fax comments to: Secretary, U.S.
                                                    there is no significant change in the                   Commission.                                           Nuclear Regulatory Commission at 301–
                                                    types or significant increase in the                    ACTION: Application for direct transfer of            415–1101.
                                                    amounts of any effluents that may be                    facility operating license and                           • Mail comments to: Secretary, U.S.
                                                    released offsite; and no significant                    conforming amendment; opportunity to                  Nuclear Regulatory Commission,


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                                                    23846                        Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices

                                                    Washington, DC 20555–0001, ATTN:                        comment submissions into ADAMS.                       before and after the proposed transfer.
                                                    Rulemakings and Adjudications Staff.                    The NRC does not routinely edit                       NorthStar VY would own the VYNPS
                                                       • Hand deliver comments to: 11555                    comment submissions to remove                         facility as well as its associated assets
                                                    Rockville Pike, Rockville, Maryland                     identifying or contact information.                   and real estate, including its nuclear
                                                    20852, between 7:30 a.m. and 4:15 p.m.                    If you are requesting or aggregating                decommissioning trust fund, title to
                                                    (Eastern Time) Federal workdays;                        comments from other persons for                       spent nuclear fuel, and rights pursuant
                                                    telephone: 301–415–1677.                                submission to the NRC, then you should                to the terms of its Standard Contract for
                                                       For additional direction on obtaining                inform those persons not to include                   Disposal of Spent Nuclear Fuel and/or
                                                    information and submitting comments,                    identifying or contact information that               High-Level Radioactive Waste with the
                                                    see ‘‘Obtaining Information and                         they do not want to be publicly                       U.S. Department of Energy. Certain off-
                                                    Submitting Comments’’ in the                            disclosed in their comment submission.                site assets and real estate of ENVY are
                                                    SUPPLEMENTARY INFORMATION section of                    Your request should state that the NRC                excluded, such as administrative offices,
                                                    this document.                                          does not routinely edit comment                       off-site training facilities, etc.
                                                    FOR FURTHER INFORMATION CONTACT: Jack                   submissions to remove such information                   Upon the proposed license transfer,
                                                    Parrott, Office of Nuclear Material                     before making the comment                             NorthStar NDC would assume
                                                    Safety and Safeguards, U.S. Nuclear                     submissions available to the public or                responsibility for compliance with the
                                                    Regulatory Commission, Washington,                      entering the comment submissions into                 current licensing basis, including
                                                    DC 20555–0001; telephone: 301–415–                      ADAMS.                                                regulatory commitments that exist at
                                                    6634, email: Jack.Parrott@nrc.gov.                                                                            closing, and would implement any
                                                                                                            II. Introduction
                                                                                                                                                                  changes under applicable regulatory
                                                    SUPPLEMENTARY INFORMATION:                                 The NRC is considering a request for               requirements and practices.
                                                    I. Obtaining Information and                            approval of an application for transfer of               As discussed in ENVY’s 2014 Post
                                                    Submitting Comments                                     a license, under 10 CFR 50.80 and                     Shutdown Decommissioning Activities
                                                                                                            72.50, approving the direct transfer of               Report (2014 PSDAR, ADAMS
                                                    A. Obtaining Information                                control of Facility Operating License                 Accession No. ML14357A110), under
                                                       Please refer to Docket ID NRC–2017–                  No. DPR–28, for the VYNPS, as well as                 the December 23, 2013, settlement
                                                    0125 when contacting the NRC about                      the general license for the VYNPS                     agreement with State of Vermont
                                                    the availability of information for this                Independent Spent Fuel Storage                        agencies (Attachment 2 to the 2014
                                                    action. You may obtain publicly-                        Installation (ISFSI), currently held by               PSDAR), ENVY committed to initiate
                                                    available information related to this                   ENO, to NorthStar NDC. The request is                 radiological decommissioning when it
                                                    action by any of the following methods:                 also for the indirect transfer of control             had made a reasonable determination
                                                       • Federal Rulemaking Web site: Go to                 of ENVY from ENVY’s Entergy parent                    that it had sufficient funds to complete
                                                    http://www.regulations.gov and search                   companies to NorthStar                                decommissioning and remaining spent
                                                    for Docket ID NRC–2017–0125.                            Decommissioning Holdings, LLC, and                    fuel management obligations. Under the
                                                       • NRC’s Agencywide Documents                         its parents NorthStar, LVI Parent Corp.               assumptions and circumstances
                                                    Access and Management System                            and NorthStar Group Holdings, LLC.                    described in the 2014 PSDAR, ENVY
                                                    (ADAMS): You may obtain publicly-                       The NRC is also considering the request               could commence radiological
                                                    available documents online in the                       for amending the facility operating                   decommissioning under the agreement
                                                    ADAMS Public Documents collection at                    license for administrative purposes to                with the State of Vermont agencies in
                                                    http://www.nrc.gov/reading-rm/                          reflect the proposed transfer.                        approximately 2053 and complete such
                                                    adams.html. To begin the search, select                    The application now being considered               activities in approximately 2060.
                                                    ‘‘ADAMS Public Documents’’ and then                     is dated February 9, 2017 (ADAMS                      However, ENVY’s current
                                                    select ‘‘Begin Web-based ADAMS                          Accession No. ML17045A140), and was                   decommissioning plans, as described in
                                                    Search.’’ For problems with ADAMS,                      jointly filed by ENO, ENVY and                        the 2014 PSDAR, assume that the
                                                    please contact the NRC’s Public                         NorthStar NDC (together, applicants).                 completion of radiological
                                                    Document Room (PDR) reference staff at                  The applicants requested that the NRC                 decommissioning will be by the
                                                    1–800–397–4209, 301–415–4737, or by                     consent to the transfers of the licensed              maximum allowed (under 10 CFR 50.82)
                                                    email to pdr.resource@nrc.gov. The                      possession, maintenance, and                          date of 2073, with site restoration by
                                                    ADAMS accession number for each                         decommissioning authorities by                        2075. In contrast, if the transfer to dry
                                                    document referenced (if it is available in              December 31, 2017, to implement                       storage of the spent fuel proceeds as
                                                    ADAMS) is provided the first time that                  expedited decommissioning of the                      described in the ENO notification of
                                                    it is mentioned in the SUPPLEMENTARY                    VYNPS.                                                schedule change for dry fuel loading
                                                    INFORMATION section.                                       Following approval of the proposed                 dated April 12, 2017 (ADAMS accession
                                                       • NRC’s PDR: You may examine and                     direct transfer of control of the license,            number ML17104A050), transfer of the
                                                    purchase copies of public documents at                  NorthStar NDC would assume licensed                   remaining spent fuel in the spent fuel
                                                    the NRC’s PDR, Room O1–F21, One                         responsibility for VYNPS through the                  pool would commence in 2017 and be
                                                    White Flint North, 11555 Rockville                      direct transfer of ENO’s responsibility               complete in late 2018. Upon the
                                                    Pike, Rockville, Maryland 20852.                        for licensed activities at VYNPS to                   proposed license transfer date at the end
                                                                                                            NorthStar NDC. NorthStar VY would                     of 2018, NorthStar NDC would become
                                                    B. Submitting Comments                                  also enter into an operating agreement                responsible for an ISFSI that contains all
                                                      Please include Docket ID NRC–2017–                    with NorthStar NDC, which provides for                of the VY spent fuel. NorthStar NDC
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                                                    0125 in your comment submission.                        NorthStar NDC to act as NorthStar VY’s                then would begin VYNPS
                                                      The NRC cautions you not to include                   agent and for NorthStar VY to pay                     decommissioning activities promptly
                                                    identifying or contact information that                 NorthStar NDC’s costs of operation,                   and would plan to complete radiological
                                                    you do not want to be publicly                          including all decommissioning costs. If               decommissioning and restoration of the
                                                    disclosed in your comment submission.                   the proposed indirect transfer of control             non-ISFSI portions of the VYNPS site by
                                                    The NRC will post all comment                           is approved, ENVY would change its                    the end of 2030 (and potentially as early
                                                    submissions at http://                                  name to NorthStar VY, but the same                    as 2026). NorthStar VY and NorthStar
                                                    www.regulations.gov as well as enter the                legal entity would continue to exist                  NDC would then restore the site in


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                                                                                 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices                                             23847

                                                    accordance with standards approved by                   III. Public Meeting and Opportunity To                Public Document Room, located at One
                                                    the Vermont Public Service Board                        Comment                                               White Flint North, Room O1–F21, 11555
                                                    (PSB). Under Vermont state law, the                        Within 30 days from the date of                    Rockville Pike (first floor), Rockville,
                                                    PSB must also approve the transaction                   publication of this notice, persons may               Maryland 20852. If a petition is filed,
                                                    and issue an amended Certificate of                     submit written comments regarding the                 the Commission or a presiding officer
                                                    Public Good. In parallel with NRC’s                     license transfer application, as provided             will rule on the petition and, if
                                                    review of the application, NorthStar                    for in 10 CFR 2.1305. The Commission                  appropriate, a notice of a hearing will be
                                                    NDC submitted an updated proposed                       will consider and, if appropriate,                    issued.
                                                    PSDAR, dated April 6, 2017 (ADAMS                                                                                As required by 10 CFR 2.309(d) the
                                                                                                            respond to these comments, but such
                                                    Accession No. ML17096A394), to                                                                                petition should specifically explain the
                                                                                                            comments will not otherwise constitute
                                                                                                                                                                  reasons why intervention should be
                                                    become effective after license transfer,                part of the decisional record. Comments
                                                                                                                                                                  permitted with particular reference to
                                                    which would reflect NorthStar NDC’s                     should be submitted as described in the
                                                                                                                                                                  the following general requirements for
                                                    plans for accelerated decommissioning                   ADDRESSES section of this document.
                                                                                                                                                                  standing: (1) The name, address, and
                                                    following the proposed transfers of the                    In addition, the NRC staff will be
                                                                                                                                                                  telephone number of the petitioner; (2)
                                                    license.                                                participating in a public meeting of the              the nature of the petitioner’s right under
                                                       Before making a decision on the                      Vermont Nuclear Decommissioning                       the Act to be made a party to the
                                                    transfer, and before issuance of the                    Citizens Advisory Panel (NDCAP) on                    proceeding; (3) the nature and extent of
                                                                                                            May 25, 2017, in Brattleboro, VT. The                 the petitioner’s property, financial, or
                                                    proposed conforming license
                                                                                                            time, location, and agenda for the                    other interest in the proceeding; and (4)
                                                    amendment, the Commission will
                                                                                                            meeting will be posted on the NDCAP                   the possible effect of any decision or
                                                    evaluate the request against the
                                                                                                            Web site at: http://                                  order which may be entered in the
                                                    requirements of the Atomic Energy Act                   publicservice.vermont.gov/electric/
                                                    of 1954, as amended (the Act), and the                                                                        proceeding on the petitioner’s interest.
                                                                                                            ndcap. The NRC personnel will give a                     In accordance with 10 CFR 2.309(f),
                                                    Commission’s regulations. The NRC’s                     presentation on the license transfer
                                                    regulations at § 50.80 and § 72.50 state                                                                      the petition must also set forth the
                                                                                                            application review process at the                     specific contentions which the
                                                    that no license, or any right thereunder,               NDCAP meeting and will take any
                                                    shall be transferred, directly or                                                                             petitioner seeks to have litigated in the
                                                                                                            public oral or written comments on the                proceeding. Each contention must
                                                    indirectly, through transfer of control of              application for the proposed license                  consist of a specific statement of the
                                                    the license, unless the Commission shall                transfer and the associated proposed                  issue of law or fact to be raised or
                                                    give its consent in writing. The                        updated PSDAR. The meeting will be                    controverted. In addition, the petitioner
                                                    Commission will approve an                              transcribed and will include: (1) A                   must provide a brief explanation of the
                                                    application for the direct transfer of a                presentation by NorthStar and Entergy                 bases for the contention and a concise
                                                    license if the Commission determines                    on the proposed license transfer; (2) a               statement of the alleged facts or expert
                                                    that the proposed transferee is qualified               presentation by NRC on the review of                  opinion which support the contention
                                                    to hold the license, and that the transfer              the application for the proposed license              and on which the petitioner intends to
                                                    is otherwise consistent with applicable                 transfer; and, (3) a discussion with the              rely in proving the contention at the
                                                    provisions of law, regulations, and                     public on the proposed license transfer               hearing. The petitioner must also
                                                    orders issued by the Commission.                        and the proposed updated PSDAR. To                    provide references to the specific
                                                       As provided in 10 CFR 2.1315, unless                 be considered, comments must be                       sources and documents on which the
                                                    otherwise determined by the                             provided either at the transcribed public             petitioner intends to rely to support its
                                                    Commission with regard to a specific                    meeting or submitted by the comment                   position on the issue. The petition must
                                                    application, the Commission has                         deadline identified in the DATES section              include sufficient information to show
                                                    determined that any amendment to the                    of this document. For additional                      that a genuine dispute exists with the
                                                    license of a utilization facility or to the             information regarding the meeting, see                applicant or licensee on a material issue
                                                    license of an Independent Spent Fuel                    the NRC’s Public Meeting Schedule Web                 of law or fact. Contentions must be
                                                    Storage Installation which does no more                 site at http://meetings.nrc.gov/pmns/                 limited to matters within the scope of
                                                                                                            mtg. The agenda will be posted no later               the proceeding. The contention must be
                                                    than conform the license to reflect the
                                                                                                            than 10 days prior to the meeting.                    one which, if proven, would entitle the
                                                    transfer action involves no significant
                                                                                                                                                                  petitioner to relief. A petitioner who
                                                    hazards consideration and no genuine                    IV. Opportunity To Request a Hearing
                                                                                                                                                                  fails to satisfy the requirements at 10
                                                    issue as to whether the health and safety               and Petition for Leave To Intervene
                                                                                                                                                                  CFR 2.309(f) with respect to at least one
                                                    of the public will be significantly                        Within 20 days after the date of                   contention will not be permitted to
                                                    affected. No contrary determination has                 publication of this notice, any persons               participate as a party.
                                                    been made with respect to this specific                 (petitioner) whose interest may be                       Those permitted to intervene become
                                                    license amendment application. In light                 affected by this action may file a request            parties to the proceeding, subject to any
                                                    of the generic determination reflected in               for a hearing and petition for leave to               limitations in the order granting leave to
                                                    10 CFR 2.1315, no public comments                       intervene (petition) with respect to the              intervene. Parties have the opportunity
                                                    with respect to significant hazards                     action. Petitions shall be filed in                   to participate fully in the conduct of the
                                                    considerations are being solicited,                     accordance with the Commission’s                      hearing with respect to resolution of
                                                    notwithstanding the general comment                     ‘‘Agency Rules of Practice and                        that party’s admitted contentions,
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                                                    procedures contained in 10 CFR 50.91.                   Procedure’’ in 10 CFR part 2. Interested              including the opportunity to present
                                                    An Environmental Assessment will not                    persons should consult a current copy                 evidence, consistent with the NRC’s
                                                    be performed because, pursuant to 10                    of 10 CFR 2.309. The NRC’s regulations                regulations, policies, and procedures.
                                                    CFR 51.22(c)(21), license transfer                      are accessible electronically from the                   Petitions must be filed no later than
                                                    approvals and the associated license                    NRC Library on the NRC’s Web site at                  20 days from the date of publication of
                                                    amendments are categorically excluded                   http://www.nrc.gov/reading-rm/doc-                    this notice. Petitions and motions for
                                                    from the requirements to perform an                     collections/cfr/. Alternatively, a copy of            leave to file new or amended
                                                    environmental assessment.                               the regulations is available at the NRC’s             contentions that are filed after the


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                                                    23848                        Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices

                                                    deadline will not be entertained absent                 an oral or written statement of his or her            www.nrc.gov/site-help/e-submittals/
                                                    a determination by the presiding officer                position on the issues but may not                    getting-started.html. Once a participant
                                                    that the filing demonstrates good cause                 otherwise participate in the proceeding.              has obtained a digital ID certificate and
                                                    by satisfying the three factors in 10 CFR               A limited appearance may be made at                   a docket has been created, the
                                                    2.309(c)(1)(i) through (iii). The petition              any session of the hearing or at any                  participant can then submit
                                                    must be filed in accordance with the                    prehearing conference, subject to the                 adjudicatory documents. Submissions
                                                    filing instructions in the ‘‘Electronic                 limits and conditions as may be                       must be in Portable Document Format
                                                    Submissions (E-Filing)’’ section of this                imposed by the presiding officer. Details             (PDF). Additional guidance on PDF
                                                    document.                                               regarding the opportunity to make a                   submissions is available on the NRC’s
                                                       If a hearing is requested, and the                   limited appearance will be provided by                public Web site at http://www.nrc.gov/
                                                    Commission has not made a final                         the presiding officer if such sessions are            site-help/electronic-sub-ref-mat.html. A
                                                    determination on the issue of no                        scheduled.                                            filing is considered complete at the time
                                                    significant hazards consideration, the                                                                        the document is submitted through the
                                                    Commission will make a final                            V. Electronic Submissions (E-Filing)
                                                                                                                                                                  NRC’s E-Filing system. To be timely, an
                                                    determination on the issue of no                           All documents filed in NRC                         electronic filing must be submitted to
                                                    significant hazards consideration. The                  adjudicatory proceedings, including a                 the E-Filing system no later than 11:59
                                                    final determination will serve to decide                request for hearing and petition for                  p.m. Eastern Time on the due date.
                                                    when the hearing is held. If the final                  leave to intervene (petition), any motion             Upon receipt of a transmission, the E-
                                                    determination is that the amendment                     or other document filed in the                        Filing system time-stamps the document
                                                    request involves no significant hazards                 proceeding prior to the submission of a               and sends the submitter an email notice
                                                    consideration, the Commission may                       request for hearing or petition to                    confirming receipt of the document. The
                                                    issue the amendment and make it                         intervene, and documents filed by                     E-Filing system also distributes an email
                                                    immediately effective, notwithstanding                  interested governmental entities that                 notice that provides access to the
                                                    the request for a hearing. Any hearing                  request to participate under 10 CFR                   document to the NRC’s Office of the
                                                    held would take place after issuance of                 2.315(c), must be filed in accordance                 General Counsel and any others who
                                                    the amendment. If the final                             with the NRC’s E-Filing rule (72 FR                   have advised the Office of the Secretary
                                                    determination is that the amendment                     49139; August 28, 2007, as amended at                 that they wish to participate in the
                                                    request involves a significant hazards                  77 FR 46562, August 3, 2012). The E-                  proceeding, so that the filer need not
                                                    consideration, then any hearing held                    Filing process requires participants to               serve the document on those
                                                    would take place before the issuance of                 submit and serve all adjudicatory                     participants separately. Therefore,
                                                    any amendment unless the Commission                     documents over the internet, or in some               applicants and other participants (or
                                                    finds an imminent danger to the health                  cases to mail copies on electronic                    their counsel or representative) must
                                                    or safety of the public, in which case it               storage media. Detailed guidance on                   apply for and receive a digital ID
                                                    will issue an appropriate order or rule                 making electronic submissions may be                  certificate before adjudicatory
                                                    under 10 CFR part 2.                                    found in the Guidance for Electronic                  documents are filed so that they can
                                                       A State, local governmental body,                    Submissions to the NRC and on the NRC                 obtain access to the documents via the
                                                    Federally-recognized Indian Tribe, or                   Web site at http://www.nrc.gov/site-                  E-Filing system.
                                                    agency thereof, may submit a petition to                help/e-submittals.html. Participants                     A person filing electronically using
                                                    the Commission to participate as a party                may not submit paper copies of their                  the NRC’s adjudicatory E-Filing system
                                                    under 10 CFR 2.309(h)(1). The petition                  filings unless they seek an exemption in              may seek assistance by contacting the
                                                    should state the nature and extent of the               accordance with the procedures                        NRC’s Electronic Filing Help Desk
                                                    petitioner’s interest in the proceeding.                described below.                                      through the ‘‘Contact Us’’ link located
                                                    The petition should be submitted to the                    To comply with the procedural                      on the NRC’s public Web site at http://
                                                    Commission by June 13, 2017. The                        requirements of E-Filing, at least 10                 www.nrc.gov/site-help/e-
                                                    petition must be filed in accordance                    days prior to the filing deadline, the                submittals.html, by email to
                                                    with the filing instructions in the                     participant should contact the Office of              MSHD.Resource@nrc.gov, or by a toll-
                                                    ‘‘Electronic Submissions (E-Filing)’’                   the Secretary by email at                             free call at 1–866–672–7640. The NRC
                                                    section of this document, and should                    hearing.docket@nrc.gov, or by telephone               Electronic Filing Help Desk is available
                                                    meet the requirements for petitions for                 at 301–415–1677, to (1) request a digital             between 9 a.m. and 6 p.m., Eastern
                                                    leave to intervene set forth in this                    identification (ID) certificate, which                Time, Monday through Friday,
                                                    section, except that under § 2.309(h)(2)                allows the participant (or its counsel or             excluding government holidays.
                                                    a State, local governmental body, or                    representative) to digitally sign                        Participants who believe that they
                                                    Federally-recognized Indian Tribe, or                   submissions and access the E-Filing                   have a good cause for not submitting
                                                    agency thereof does not need to address                 system for any proceeding in which it                 documents electronically must file an
                                                    the standing requirements in 10 CFR                     is participating; and (2) advise the                  exemption request, in accordance with
                                                    2.309(d) if the facility is located within              Secretary that the participant will be                10 CFR 2.302(g), with their initial paper
                                                    its boundaries. Alternatively, a State,                 submitting a petition or other                        filing stating why there is good cause for
                                                    local governmental body, Federally-                     adjudicatory document (even in                        not filing electronically and requesting
                                                    recognized Indian Tribe, or agency                      instances in which the participant, or its            authorization to continue to submit
                                                    thereof may participate as a non-party                  counsel or representative, already holds              documents in paper format. Such filings
                                                    under 10 CFR 2.315(c).                                  an NRC-issued digital ID certificate).                must be submitted by: (1) First class
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                                                       If a hearing is granted, any person                  Based upon this information, the                      mail addressed to the Office of the
                                                    who is not a party to the proceeding and                Secretary will establish an electronic                Secretary of the Commission, U.S.
                                                    is not affiliated with or represented by                docket for the hearing in this proceeding             Nuclear Regulatory Commission,
                                                    a party may, at the discretion of the                   if the Secretary has not already                      Washington, DC 20555–0001, Attention:
                                                    presiding officer, be permitted to make                 established an electronic docket.                     Rulemaking and Adjudications Staff; or
                                                    a limited appearance pursuant to the                       Information about applying for a                   (2) courier, express mail, or expedited
                                                    provisions of 10 CFR 2.315(a). A person                 digital ID certificate is available on the            delivery service to the Office of the
                                                    making a limited appearance may make                    NRC’s public Web site at http://                      Secretary, 11555 Rockville Pike,


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                                                                                 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices                                             23849

                                                    Rockville, Maryland 20852, Attention:                   information that has been redacted from               Gallagher; telephone: 301–415–3463;
                                                    Rulemaking and Adjudications Staff.                     the application should contact the                    email: Carol.Gallagher@nrc.gov.
                                                    Participants filing adjudicatory                        applicant by telephoning Gregory G.                   Address questions about this MOU to
                                                    documents in this manner are                            DiCarlo, Vice President & General                     the individuals listed in the FOR
                                                    responsible for serving the document on                 Counsel, NorthStar Group Services, Inc.,              FURTHER INFORMATION CONTACT section of
                                                    all other participants. Filing is                       at 203–222–0584 x3051, for the purpose                this document.
                                                    considered complete by first-class mail                 of negotiating a confidentiality                         • NRC’s Agencywide Documents
                                                    as of the time of deposit in the mail, or               agreement or a proposed protective                    Access and Management System
                                                    by courier, express mail, or expedited                  order with the applicant. If no                       (ADAMS): You may obtain publicly-
                                                    delivery service upon depositing the                    agreement can be reached, persons who                 available documents online in the
                                                    document with the provider of the                       desire access to this information may                 ADAMS Public Documents collection at
                                                    service. A presiding officer, having                    file a motion with the Secretary and                  http://www.nrc.gov/reading-rm/
                                                    granted an exemption request from                       addressed to the Commission that                      adams.html. To begin the search, select
                                                    using E-Filing, may require a participant               requests the issuance of a protective                 ‘‘ADAMS Public Documents’’ and then
                                                    or party to use E-Filing if the presiding               order.                                                select ‘‘Begin Web-based ADAMS
                                                    officer subsequently determines that the                  Dated at Rockville, Maryland, this 19th day         Search.’’ For problems with ADAMS,
                                                    reason for granting the exemption from                  of May, 2017.                                         please contact the NRC’s Public
                                                    use of E-Filing no longer exists.                                                                             Document Room (PDR) reference staff at
                                                                                                              For the Nuclear Regulatory Commission.
                                                       Documents submitted in adjudicatory                                                                        1–800–397–4209, 301–415–4737, or by
                                                    proceedings will appear in the NRC’s                    Gregory F. Suber,
                                                                                                                                                                  email to pdr.resource@nrc.gov. For the
                                                    electronic hearing docket which is                      Acting Director, Division of
                                                                                                            Decommissioning, Uranium Recovery, and
                                                                                                                                                                  convenience of the reader, the ADAMS
                                                    available to the public at https://                                                                           accession numbers are provided in a
                                                                                                            Waste Programs, Office of Nuclear Material
                                                    adams.nrc.gov/ehd, unless excluded                                                                            table in the ‘‘Availability of Documents’’
                                                                                                            Safety and Safeguards.
                                                    pursuant to an order of the Commission                                                                        section of this document.
                                                                                                            [FR Doc. 2017–10655 Filed 5–23–17; 8:45 am]
                                                    or the presiding officer. If you do not                                                                          • NRC’s PDR: You may examine and
                                                    have an NRC-issued digital ID certificate               BILLING CODE 7590–01–P
                                                                                                                                                                  purchase copies of public documents at
                                                    as described above, click cancel when                                                                         the NRC’s PDR, Room O1–F21, One
                                                    the link requests certificates and you                                                                        White Flint North, 11555 Rockville
                                                    will be automatically directed to the                   NUCLEAR REGULATORY
                                                                                                            COMMISSION                                            Pike, Rockville, Maryland 20852.
                                                    NRC’s electronic hearing dockets where
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    you will be able to access any publicly                 [NRC–2017–0123]
                                                                                                                                                                  Amy Roundtree, Office of
                                                    available documents in a particular
                                                                                                            Memorandum of Understanding                           Administration; telephone: 301–415–
                                                    hearing docket. Participants are
                                                                                                            Between the Federal Bureau of                         7414, email: Amy.Roundtree@nrc.gov or
                                                    requested not to include personal
                                                                                                            Investigation and the U.S. Nuclear                    Philip Brochman, Office of Nuclear
                                                    privacy information, such as social
                                                    security numbers, home addresses, or                    Regulatory Commission                                 Security and Incident Response;
                                                    personal phone numbers in their filings,                                                                      telephone: 301–287–3691, email:
                                                                                                            AGENCY: Nuclear Regulatory                            Phil.Brochman@nrc.gov; U.S. Nuclear
                                                    unless an NRC regulation or other law
                                                                                                            Commission.                                           Regulatory Commission, Washington,
                                                    requires submission of such
                                                    information. For example, in some                       ACTION: Memorandum of understanding;                  DC 20555–0001.
                                                    instances, individuals provide home                     issuance.                                             SUPPLEMENTARY INFORMATION:
                                                    addresses in order to demonstrate                       SUMMARY: The U.S. Nuclear Regulatory                  I. Purpose
                                                    proximity to a facility or site. With                   Commission (NRC) is issuing a
                                                    respect to copyrighted works, except for                                                                        This notice is to advise the public,
                                                                                                            Memorandum of Understanding (MOU),                    NRC licensees, and other interested
                                                    limited excerpts that serve the purpose                 dated March 21, 2017, between the U.S.
                                                    of the adjudicatory filings and would                                                                         stakeholders of the issuance of an MOU
                                                                                                            Department of Justice (DOJ), Federal                  between the FBI and the NRC regarding
                                                    constitute a Fair Use application,                      Bureau of Investigation (FBI) and the
                                                    participants are requested not to include                                                                     the accomplishment of firearms
                                                                                                            NRC. The MOU establishes and                          background checks on armed security
                                                    copyrighted materials in their                          coordinates the roles, responsibilities,
                                                    submission.                                                                                                   personnel of NRC licensees, pursuant to
                                                                                                            and functions between the two agencies                Section 161A of the AEA, ‘‘Use of
                                                       The Commission will issue a notice or                regarding the accomplishment of
                                                    order granting or denying a hearing                                                                           Firearms by Security Personnel,’’ (42
                                                                                                            firearms background checks on armed                   U.S.C. 2201a). This MOU is entitled
                                                    request or intervention petition,                       security personnel of NRC licensees,
                                                    designating the issues for any hearing                                                                        ‘‘Memorandum of Understanding on
                                                                                                            pursuant to Section 161A of the Atomic                Implementation of Firearms Background
                                                    that will be held and designating the                   Energy Act of 1954, as amended (AEA).
                                                    Presiding Officer. A notice granting a                                                                        Check Provisions Under Section 161A
                                                                                                            DATES: The final MOU is available as of               of the Atomic Energy Act of 1954, as
                                                    hearing will be published in the Federal
                                                    Register and served on the parties to the               May 24, 2017.                                         amended, Revision 0.’’
                                                    hearing.                                                ADDRESSES: Please refer to Docket ID                    Under Section 161A of the AEA and
                                                       For further details with respect to this             NRC–2017–0123 when contacting the                     Revision 1 to the Firearms Guidelines,
                                                                                                            NRC about the availability of                         security personnel whose official duties
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    application, see the application dated
                                                    February 9, 2017 (ADAMS Accession                       information regarding this document.                  require access to covered weapons and
                                                    No. ML17045A140).                                       You may obtain publicly-available                     who are engaged in the protection of
                                                                                                            information related to this document                  Commission-designated facilities,
                                                    VI. Access to Sensitive Unclassified                    using any of the following methods:                   radioactive material, or other property
                                                    Non-Safeguards Information for                             • Federal Rulemaking Web site: Go to               owned or operated by an NRC licensee
                                                    Contention Preparation                                  http://www.regulations.gov and search                 shall be subject to a firearms
                                                      Any person who desires access to                      for Docket ID NRC–2017–0123. Address                  background check. Revision 1 to the
                                                    proprietary, confidential commercial                    questions about NRC dockets to Carol                  Firearms Guidelines was published by


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Document Created: 2017-05-24 01:03:15
Document Modified: 2017-05-24 01:03:15
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
ActionApplication for direct transfer of facility operating license and conforming amendment; opportunity to comment, request a hearing, and petition for leave to intervene.
DatesComments must be filed by June 23, 2017. A request for a hearing must be filed by June 13, 2017. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must follow the instructions in Section VI of the SUPPLEMENTARY INFORMATION section of this notice.
ContactJack Parrott, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6634, email: [email protected]
FR Citation82 FR 23845 

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