82 FR 52946 - Wolf Creek Generating Station: Consideration of Approval of Transfer of License

NUCLEAR REGULATORY COMMISSION

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

Page Range		52946-52949
FR Document		2017-24663
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an indirect license transfer application filed by Wolf Creek Nuclear Operating Corporation (WCNOC) on September 5, 2017. The WCNOC is the licensed operator of Wolf Creek Generating Station (WCGS). Kansas City Power & Light Company (KCP&L) and Kansas Gas and Electric Company (KG&E) are two of the three non-operating owner licensees, each holding a 47 percent undivided interest in WCGS and 47 percent of the stock of WCNOC. The KCP&L is a subsidiary of Great Plains Energy, Inc. (Great Plains) and KG&E is a subsidiary of Westar Energy, Inc. (Westar). The indirect license transfer will result from the proposed merger transaction involving Great Plains and Westar. The current 6 percent owner of WCGS and WCNOC, Kansas Electric Power Cooperative, Inc. (KEPCo), the third non-operating owner licensee, is not a party to this transaction and will remain a 6 percent owner post-transaction.
Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)
[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52946-52949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24663]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-482; NRC-2017-0217]


Wolf Creek Generating Station: Consideration of Approval of 
Transfer of License

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for indirect transfer of license; opportunity to 
comment, request a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an indirect license transfer application filed 
by Wolf Creek Nuclear Operating Corporation (WCNOC) on September 5, 
2017. The WCNOC is the licensed operator of Wolf Creek Generating 
Station (WCGS). Kansas City Power & Light Company (KCP&L) and Kansas 
Gas and Electric Company (KG&E) are two of the three non-operating 
owner licensees, each holding a 47 percent undivided interest in WCGS 
and 47 percent of the stock of WCNOC. The KCP&L is a subsidiary of 
Great Plains Energy, Inc. (Great Plains) and KG&E is a subsidiary of 
Westar Energy, Inc.

[[Page 52947]]

(Westar). The indirect license transfer will result from the proposed 
merger transaction involving Great Plains and Westar. The current 6 
percent owner of WCGS and WCNOC, Kansas Electric Power Cooperative, 
Inc. (KEPCo), the third non-operating owner licensee, is not a party to 
this transaction and will remain a 6 percent owner post-transaction.

DATES: Comments must be filed by December 15, 2017. A request for a 
hearing must be filed by December 5, 2017.

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-2017-0217. 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.
     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, 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: Balwant K. Singal, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3016, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0217 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-2017-0217.
     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 
application for indirect transfer of the license dated September 5, 
2017, is available in ADAMS under Accession No. ML17255A222.
     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-2017-0217 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 the issuance of an order under Sec.  50.80 
of title 10 of the Code of Federal Regulations (10 CFR), approving the 
indirect transfer of control of WCGS, Renewed Facility Operating 
License No. NPF-42, currently held by WCNOC. The WCNOC is the licensed 
operator of WCGS. The KCP&L, a subsidiary of Great Plains, and KG&E, a 
subsidiary of Westar, currently each hold a 47 percent undivided 
interest in WCGS and 47 percent of the stock of WCNOC. The KCP&L and 
KG&E are two of the three non-operating owner licensees. The indirect 
license transfer will result from the proposed merger transaction 
involving Great Plains and Westar. The current 6 percent owner of WCGS 
and WCNOC, KEPCo, the third non-operating owner licensee, is not a 
party to this transaction and will remain a 6 percent owner post-
transaction.
    The indirect license transfer will result from the proposed merger 
transaction involving Great Plains and Westar pursuant to the terms of 
the Amended Merger Agreement dated July 9, 2017. The WCNOC stated in 
its letter dated September 5, 2017, that under the Amended Merger 
Agreement the transaction will occur in the following three 
simultaneous steps:
    In step 1, Great Plains will merge with its wholly-owned 
subsidiary, which was created to effectuate the transaction, named 
Monarch Energy Holding, Inc.\1\ (Holdco), with Holdco continuing as the 
surviving corporation.
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    \1\ The name of the holding company Monarch Energy Holding, Inc. 
may be changed before or following the closing of the proposed 
transaction.
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    In step 2, Westar will merge with a wholly-owned subsidiary of 
Holdco, named King Energy, Inc. (Merger Sub), which was also created to 
effectuate the transaction, with Westar continuing as the surviving 
corporation.
    In step 3, each share of common stock of Great Plains and Westar 
issued and outstanding at that time (subject to certain defined 
exceptions) will be converted automatically into the right to receive 
the merger consideration consisting of a number of shares of common 
stock of Holdco as determined by the applicable exchange ratio 
specified in the Amended Merger Agreement. Thus the current 
shareholders of Great Plains and Westar will become the shareholders of 
Holdco after the transaction.
    The current and post-closing ownership structure of the facility is 
depicted in the simplified organizational charts provided in Figures 1 
and 2 of Attachment 1 to the letter dated September 5, 2017.
    No physical changes to the WCGS or operational changes are being 
proposed in the application.
    The NRC's regulations at 10 CFR 50.80 state that no license, or any 
right thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the license, unless the Commission gives its 
consent in writing. The Commission will approve an

[[Page 52948]]

application for the indirect transfer of a license, if the Commission 
determines that the proposed merger will not affect the qualifications 
of the licensee to hold the license, and that the transfer is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission.

III. 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.

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 those specific sources and 
documents of 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 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 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.
    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 no later 
than 20 days from the date of publication of this notice. 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 set forth in this section, 
except that under 10 CFR 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, any motion or other document filed in 
the proceeding prior to the submission of a request for hearing or 
petition, 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

[[Page 52949]]

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 documents are 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 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 7 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, 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 September 5, 2017.

    Dated at Rockville, Maryland, this 8th day of November, 2017.

    For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2017-24663 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
52948 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices

application for the indirect transfer of a consist of a specific statement of the thereof does not need to address the
license, if the Commission determines issue of law or fact to be raised or standing requirements in 10 CFR
that the proposed merger will not affect controverted. In addition, the petitioner 2.309(d) if the facility is located within
the qualifications of the licensee to hold must provide a brief explanation of the its boundaries. Alternatively, a State,
the license, and that the transfer is bases for the contention and a concise local governmental body, Federally-
otherwise consistent with applicable statement of the alleged facts or expert recognized Indian Tribe, or agency
provisions of law, regulations, and opinion which support the contention thereof may participate as a non-party
orders issued by the Commission. and on which the petitioner intends to under 10 CFR 2.315(c).
rely in proving the contention at the If a hearing is granted, any person
III. Opportunity To Comment who is not a party to the proceeding and
hearing. The petitioner must also
Within 30 days from the date of provide references to those specific is not affiliated with or represented by
publication of this notice, persons may sources and documents of which the a party may, at the discretion of the
submit written comments regarding the petitioner intends to rely to support its presiding officer, be permitted to make
license transfer application, as provided position on the issue. The petition must a limited appearance pursuant to the
for in 10 CFR 2.1305. The Commission include sufficient information to show provisions of 10 CFR 2.315(a). A person
will consider and, if appropriate, that a genuine dispute exists with the making a limited appearance may make
respond to these comments, but such applicant on a material issue of law or an oral or written statement of his or her
comments will not otherwise constitute fact. Contentions must be limited to position on the issues, but may not
part of the decisional record. Comments matters within the scope of the otherwise participate in the proceeding.
should be submitted as described in the proceeding. The contention must be one A limited appearance may be made at
ADDRESSES section of this document. which, if proven, would entitle the any session of the hearing or at any
IV. Opportunity To Request a Hearing petitioner to relief. A petitioner who prehearing conference, subject to the
and Petition for Leave To Intervene fails to satisfy the requirements at 10 limits and conditions as may be
CFR 2.309(f) with respect to at least one imposed by the presiding officer. Details
Within 20 days after the date of contention will not be permitted to regarding the opportunity to make a
publication of this notice, any persons participate as a party. limited appearance will be provided by
(petitioner) whose interest may be Those permitted to intervene become the presiding officer if such sessions are
affected by this action may file a request parties to the proceeding, subject to any scheduled.
for a hearing and petition for leave to limitations in the order granting leave to
intervene (petition) with respect to the V. Electronic Submissions (E-Filing)
intervene. Parties have the opportunity
action. Petitions shall be filed in to participate fully in the conduct of the All documents filed in NRC
accordance with the Commission’s hearing with respect to resolution of adjudicatory proceedings, including a
‘‘Agency Rules of Practice and that party’s admitted contentions, request for hearing and petition, any
Procedure’’ in 10 CFR part 2. Interested including the opportunity to present motion or other document filed in the
persons should consult a current copy evidence, consistent with the NRC’s proceeding prior to the submission of a
of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. request for hearing or petition, and
are accessible electronically from the Petitions must be filed no later than documents filed by interested
NRC Library on the NRC’s Web site at 20 days from the date of publication of governmental entities that request to
http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for participate under 10 CFR 2.315(c), must
collections/cfr/. Alternatively, a copy of leave to file new or amended be filed in accordance with the NRC’s E-
the regulations is available at the NRC’s contentions that are filed after the Filing rule (72 FR 49139; August 28,
Public Document Room, located at One deadline will not be entertained absent 2007, as amended at 77 FR 46562,
White Flint North, Room O1–F21, 11555 a determination by the presiding officer August 3, 2012). The E-Filing process
Rockville Pike (first floor), Rockville, that the filing demonstrates good cause requires participants to submit and
Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR serve all adjudicatory documents over
the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition the internet, or in some cases to mail
will rule on the petition, and, if must be filed in accordance with the copies on electronic storage media.
appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic Detailed guidance on making electronic
issued. Submissions (E-Filing)’’ section of this submissions may be found in the
As required by 10 CFR 2.309(d), the document. Guidance for Electronic Submissions to
petition should specifically explain the A State, local governmental body, the NRC and on the NRC Web site at
reasons why intervention should be Federally-recognized Indian Tribe, or http://www.nrc.gov/site-help/e-
permitted with particular reference to agency thereof, may submit a petition to submittals.html. Participants may not
the following general requirements for the Commission to participate as a party submit paper copies of their filings
standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition unless they seek an exemption in
telephone number of the petitioner; (2) should state the nature and extent of the accordance with the procedures
the nature of the petitioner’s right under petitioner’s interest in the proceeding. described below.
the Act to be made a party to the The petition should be submitted to the To comply with the procedural
proceeding; (3) the nature and extent of Commission no later than 20 days from requirements of E-Filing, at least 10
the petitioner’s property, financial, or the date of publication of this notice. days prior to the filing deadline, the
other interest in the proceeding; and (4) The petition must be filed in accordance participant should contact the Office of
with the filing instructions in the the Secretary by email at
sradovich on DSK3GMQ082PROD with NOTICES

the possible effect of any decision or
order which may be entered in the ‘‘Electronic Submissions (E-Filing)’’ hearing.docket@nrc.gov, or by telephone
proceeding on the petitioner’s interest. section of this document, and should at 301–415–1677, to (1) request a digital
In accordance with 10 CFR 2.309(f), meet the requirements for petitions set identification (ID) certificate, which
the petition must also set forth the forth in this section, except that under allows the participant (or its counsel or
specific contentions which the 10 CFR 2.309(h)(2) a State, local representative) to digitally sign
petitioner seeks to have litigated in the governmental body, or Federally- submissions and access the E-Filing
proceeding. Each contention must recognized Indian Tribe, or agency system for any proceeding in which it

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Document Created: 2018-10-25 10:35:48
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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		Application for indirect transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene.
Dates		Comments must be filed by December 15, 2017. A request for a hearing must be filed by December 5, 2017.
Contact		Balwant K. Singal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3016, email: [email protected]
FR Citation		82 FR 52946