82 FR 52945 - License Transfer From Exelon Generation Company, LLC to James A. FitzPatrick Nuclear Power Plant

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range		52945-52946
FR Document		2017-24697

The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the transfer of the James A. FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DPR-59, and the transfer of the generally licensed FitzPatrick Independent Spent Fuel Storage Installation from Exelon Generation Company, LLC to Exelon FitzPatrick, LLC.

Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)

[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52945-52946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24697]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2017-0177]


License Transfer From Exelon Generation Company, LLC to James A. 
FitzPatrick Nuclear Power Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the transfer of the James A. FitzPatrick Nuclear Power 
Plant Renewed Facility Operating License No. DPR-59, and the transfer 
of the generally licensed FitzPatrick Independent Spent Fuel Storage 
Installation from Exelon Generation Company, LLC to Exelon FitzPatrick, 
LLC.

DATES: The Order was issued on November 7, 2017, and is effective for 1 
year.

ADDRESSES: Please refer to Docket ID NRC-2017-0177 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0177. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Booma Venkataraman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2934; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 9th day of November 2017.


[[Page 52946]]


    For the Nuclear Regulatory Commission.
Booma Venkataraman,
Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

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

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-333 and 72-012; License No. DPR-59

In the Matter of Exelon Generation Company, LLC James A. FitzPatrick 
Nuclear Power Plant

ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING 
AMENDMENT

I.

    Exelon Generation Company, LLC (Exelon Generation) is the owner 
and operator of the James A. FitzPatrick Nuclear Power Plant 
(FitzPatrick) and the holder of Renewed Facility Operating License 
No. DPR-59 and the general license for the FitzPatrick Independent 
Spent Fuel Storage Installation (ISFSI). FitzPatrick is a General 
Electric boiling-water reactor located in Oswego County, New York.

II.

    By application dated July 24, 2017 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML17206A395), Exelon 
Generation, and its wholly owned subsidiary, Exelon FitzPatrick, LLC 
(Exelon FitzPatrick), jointly requested, pursuant to Title 10 of the 
Code of Federal Regulations (10 CFR), Section 50.80, ``Transfer of 
licenses,'' that the U.S. Nuclear Regulatory Commission (NRC) 
consent to the direct transfer of the FitzPatrick renewed facility 
operating license and the FitzPatrick ISFSI general license from 
Exelon Generation to Exelon FitzPatrick. Future references to 
FitzPatrick include the general license for the FitzPatrick ISFSI. 
In response to the request by Exelon Generation and Exelon 
FitzPatrick for consent to the direct transfer of the FitzPatrick 
renewed facility operating license and the FitzPatrick ISFSI general 
license, the NRC published a notice entitled, ``James A. FitzPatrick 
Nuclear Power Plant; Consideration of Approval of Transfer of 
License and Conforming Amendment,'' in the Federal Register on 
August 17, 2017 (82 FR 39139). The NRC received no comments and no 
hearing requests.
    Under 10 CFR 50.80, no license, or any right thereunder, shall 
be transferred, directly or indirectly, through transfer of control 
of the license, unless the NRC gives its consent in writing. Upon 
review of the information in the application, and other information 
before the NRC, and relying upon the representations and agreements 
contained in the application, the NRC staff has determined that 
Exelon FitzPatrick is qualified to hold the FitzPatrick renewed 
facility operating license and the FitzPatrick ISFSI general 
license. Following completion of the license transfer, Exelon 
FitzPatrick would acquire ownership of FitzPatrick. Exelon 
Generation would continue to be responsible for the operation and 
maintenance of FitzPatrick. The NRC staff has also determined that 
the transfer of these licenses is otherwise consistent with the 
applicable provisions of law, regulations, and orders issued by the 
NRC, pursuant thereto, subject to the condition set forth below.
    Upon review of the application for a conforming license 
amendment to reflect this transfer, the NRC staff has determined 
that the application for the conforming license amendment complies 
with the standards and requirements of the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's rules and 
regulations set forth in 10 CFR chapter I; the facility will operate 
in conformity with the application, the provisions of the Act, and 
the rules and regulations of the Commission; there is reasonable 
assurance that the activities authorized by this amendment can be 
conducted without endangering the health and safety of the public 
and that such activities will be conducted in compliance with the 
Commission's regulations; the issuance of this amendment will not be 
inimical to the common defense and security or to the health and 
safety of the public; and the issuance of this amendment will be in 
accordance with 10 CFR part 51 of the Commission's regulations and 
all applicable requirements will have been satisfied.
    The findings set forth above are supported by an NRC safety 
evaluation dated November 7, 2017 (ADAMS Accession No. ML17240A069).

III.

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of 
the Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 
2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, it is hereby 
ordered that the application regarding the proposed direct license 
transfer is approved, subject to the following condition:

    Prior to the completion of the license transfer, Exelon 
FitzPatrick, LLC shall provide satisfactory documentary evidence to 
the Director of the Office of Nuclear Reactor Regulation that it has 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR part 140 and 10 CFR 50.54(w).

    It is further ordered that, consistent with 10 CFR 2.1315(b), 
the license be changed, as indicated in Enclosure 2 to the cover 
letter forwarding this Order, to conform the license to reflect that 
the subject direct license transfer is approved. The amendment shall 
be issued and made effective at the time the proposed direct license 
transfer is completed.
    It is further ordered that, after receipt of all required 
regulatory approvals of the proposed direct license transfer, Exelon 
FitzPatrick shall inform the Director of the Office of Nuclear 
Reactor Regulation in writing of such receipt, and of the date of 
closing of the transfer, no later than 2 business days prior to the 
date of the closing of the direct license transfer. Should the 
proposed direct license transfer not be completed within 1 year of 
this Order's date of issuance, this Order shall become null and 
void, provided, however, upon written application and for good cause 
shown, such date may be extended by order.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the 
application dated July 24, 2017, and the NRC's nonproprietary Safety 
Evaluation dated November 7, 2017 (ADAMS Accession No. ML17240A069), 
which are available for public inspection at the Commission's Public 
Document Room (PDR), located at One White Flint North, Public File 
Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available documents created or received at the 
NRC are accessible electronically through ADAMS in the NRC Library 
at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS, or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC PDR reference 
staff by telephone at 1-800-397-4209 or 301-415-4737, or by email to 
[email protected].

    Dated at Rockville, Maryland, this 7th day of November 2017.
    For the Nuclear Regulatory Commission.
Michele G. Evans,
Deputy Director for Reactor Safety Programs and Mission Support, Office 
of Nuclear Reactor Regulation.
[FR Doc. 2017-24697 Filed 11-14-17; 8:45 am]
 BILLING CODE 7590-01-P

52946 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices

For the Nuclear Regulatory Commission. license. Following completion of the license proposed direct license transfer not be
Booma Venkataraman, transfer, Exelon FitzPatrick would acquire completed within 1 year of this Order’s date
Project Manager, Plant Licensing Branch I, ownership of FitzPatrick. Exelon Generation of issuance, this Order shall become null and
Division of Operating Reactor Licensing, would continue to be responsible for the void, provided, however, upon written
Office of Nuclear Reactor Regulation. operation and maintenance of FitzPatrick. application and for good cause shown, such
The NRC staff has also determined that the date may be extended by order.
Attachment—Order Approving Direct transfer of these licenses is otherwise This Order is effective upon issuance.
Transfer of License and Approving consistent with the applicable provisions of For further details with respect to this
Conforming Amendment law, regulations, and orders issued by the Order, see the application dated July 24,
NRC, pursuant thereto, subject to the 2017, and the NRC’s nonproprietary Safety
UNITED STATES OF AMERICA condition set forth below. Evaluation dated November 7, 2017 (ADAMS
NUCLEAR REGULATORY COMMISSION Upon review of the application for a Accession No. ML17240A069), which are
conforming license amendment to reflect this available for public inspection at the
Docket Nos. 50–333 and 72–012; License No. transfer, the NRC staff has determined that Commission’s Public Document Room (PDR),
DPR–59 the application for the conforming license located at One White Flint North, Public File
amendment complies with the standards and Area O1 F21, 11555 Rockville Pike (first
In the Matter of Exelon Generation
requirements of the Atomic Energy Act of floor), Rockville, Maryland. Publicly
Company, LLC James A. FitzPatrick Nuclear
1954, as amended (the Act), and the available documents created or received at
Power Plant
Commission’s rules and regulations set forth the NRC are accessible electronically through
ORDER APPROVING DIRECT TRANSFER in 10 CFR chapter I; the facility will operate ADAMS in the NRC Library at http://
OF LICENSE AND APPROVING in conformity with the application, the www.nrc.gov/reading-rm/adams.html.
CONFORMING AMENDMENT provisions of the Act, and the rules and Persons who do not have access to ADAMS,
regulations of the Commission; there is or who encounter problems in accessing the
I. reasonable assurance that the activities documents located in ADAMS, should
Exelon Generation Company, LLC (Exelon authorized by this amendment can be contact the NRC PDR reference staff by
Generation) is the owner and operator of the conducted without endangering the health telephone at 1–800–397–4209 or 301–415–
James A. FitzPatrick Nuclear Power Plant and safety of the public and that such 4737, or by email to pdr.resource@nrc.gov.
(FitzPatrick) and the holder of Renewed activities will be conducted in compliance
Facility Operating License No. DPR–59 and Dated at Rockville, Maryland, this 7th day
with the Commission’s regulations; the
the general license for the FitzPatrick of November 2017.
issuance of this amendment will not be
Independent Spent Fuel Storage Installation For the Nuclear Regulatory Commission.
inimical to the common defense and security
(ISFSI). FitzPatrick is a General Electric or to the health and safety of the public; and Michele G. Evans,
boiling-water reactor located in Oswego the issuance of this amendment will be in Deputy Director for Reactor Safety Programs
County, New York. accordance with 10 CFR part 51 of the and Mission Support, Office of Nuclear
Commission’s regulations and all applicable Reactor Regulation.
II.
requirements will have been satisfied. [FR Doc. 2017–24697 Filed 11–14–17; 8:45 am]
By application dated July 24, 2017 The findings set forth above are supported BILLING CODE 7590–01–P
(Agencywide Documents Access and by an NRC safety evaluation dated November
Management System (ADAMS) Accession 7, 2017 (ADAMS Accession No.
No. ML17206A395), Exelon Generation, and ML17240A069).
its wholly owned subsidiary, Exelon NUCLEAR REGULATORY
FitzPatrick, LLC (Exelon FitzPatrick), jointly III. COMMISSION
requested, pursuant to Title 10 of the Code Accordingly, pursuant to Sections 161b, [Docket No. 50–482; NRC–2017–0217]
of Federal Regulations (10 CFR), Section 161i, 161o, and 184 of the Atomic Energy Act
50.80, ‘‘Transfer of licenses,’’ that the U.S. of 1954, as amended (the Act), 42 U.S.C. Wolf Creek Generating Station:
Nuclear Regulatory Commission (NRC) 2201(b), 2201(i), 2201(o), and 2234; and 10
consent to the direct transfer of the
Consideration of Approval of Transfer
CFR 50.80, it is hereby ordered that the
FitzPatrick renewed facility operating license application regarding the proposed direct
of License
and the FitzPatrick ISFSI general license license transfer is approved, subject to the AGENCY: Nuclear Regulatory
from Exelon Generation to Exelon following condition:
FitzPatrick. Future references to FitzPatrick
Commission.
include the general license for the FitzPatrick Prior to the completion of the license ACTION: Application for indirect transfer
ISFSI. In response to the request by Exelon transfer, Exelon FitzPatrick, LLC shall of license; opportunity to comment,
provide satisfactory documentary evidence to
Generation and Exelon FitzPatrick for
the Director of the Office of Nuclear Reactor
request a hearing, and petition for leave
consent to the direct transfer of the to intervene.
FitzPatrick renewed facility operating license Regulation that it has obtained the
and the FitzPatrick ISFSI general license, the appropriate amount of insurance required of
a licensee under 10 CFR part 140 and 10 CFR SUMMARY: The U.S. Nuclear Regulatory
NRC published a notice entitled, ‘‘James A. Commission (NRC) received and is
FitzPatrick Nuclear Power Plant; 50.54(w).
considering approval of an indirect
Consideration of Approval of Transfer of It is further ordered that, consistent with
license transfer application filed by
License and Conforming Amendment,’’ in the 10 CFR 2.1315(b), the license be changed, as
Federal Register on August 17, 2017 (82 FR indicated in Enclosure 2 to the cover letter Wolf Creek Nuclear Operating
39139). The NRC received no comments and forwarding this Order, to conform the license Corporation (WCNOC) on September 5,
no hearing requests. to reflect that the subject direct license 2017. The WCNOC is the licensed
Under 10 CFR 50.80, no license, or any transfer is approved. The amendment shall operator of Wolf Creek Generating
right thereunder, shall be transferred, directly be issued and made effective at the time the Station (WCGS). Kansas City Power &
or indirectly, through transfer of control of proposed direct license transfer is completed. Light Company (KCP&L) and Kansas
the license, unless the NRC gives its consent It is further ordered that, after receipt of all Gas and Electric Company (KG&E) are
sradovich on DSK3GMQ082PROD with NOTICES

in writing. Upon review of the information in required regulatory approvals of the two of the three non-operating owner
the application, and other information before proposed direct license transfer, Exelon
licensees, each holding a 47 percent
the NRC, and relying upon the FitzPatrick shall inform the Director of the
representations and agreements contained in Office of Nuclear Reactor Regulation in undivided interest in WCGS and 47
the application, the NRC staff has determined writing of such receipt, and of the date of percent of the stock of WCNOC. The
that Exelon FitzPatrick is qualified to hold closing of the transfer, no later than 2 KCP&L is a subsidiary of Great Plains
the FitzPatrick renewed facility operating business days prior to the date of the closing Energy, Inc. (Great Plains) and KG&E is
license and the FitzPatrick ISFSI general of the direct license transfer. Should the a subsidiary of Westar Energy, Inc.

VerDate Sep<11>2014 19:58 Nov 14, 2017 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1

Document Created: 2018-10-25 10:36:33
Document Modified: 2018-10-25 10:36:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Direct transfer of license; order.
Dates		The Order was issued on November 7, 2017, and is effective for 1 year.
Contact		Booma Venkataraman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2934; email: [email protected]
FR Citation		82 FR 52945