83 FR 44676 - First Energy Corp.; First Energy Solutions; FirstEnergy Nuclear Generation; FirstEnergy Nuclear Operating Company
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 170 (August 31, 2018)
Federal Register Volume 83, Issue 170 (August 31, 2018)
| Page Range | 44676-44677 | |
| FR Document | 2018-18923 |
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)] [Notices] [Pages 44676-44677] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18923] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-334, 50-412, 50-346, and 50-440; NRC-2018-0174] First Energy Corp.; First Energy Solutions; FirstEnergy Nuclear Generation; FirstEnergy Nuclear Operating Company AGENCY: Nuclear Regulatory Commission. ACTION: 10 CFR 2.206 request; receipt. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is giving notice that by petition dated March 27, 2018, Environmental Law and Policy Center (ELPC) (the petitioner) has requested that the NRC take enforcement action with regard to First Energy Corp. (FE), First Energy Solutions (FES), FirstEnergy Nuclear Generation (NG), and FirstEnergy Nuclear Operating Company (FENOC). The petitioner's requests are included in the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Please refer to Docket ID NRC-2018-0174 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0174. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: [email protected]. For technical questions, contact the individuals 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 ``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 this document. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the ``Availability of Documents'' section of this document. 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: Bhalchandra K. Vaidya, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3308; email: [email protected]; or Perry Buckberg, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1383; email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: On March 27, 2018, the petitioner requested that the NRC take enforcement action with regard to FE, FES, NG, and FENOC operations in Ohio and Pennsylvania at Beaver Valley Power Station (BVPS), Units 1 and 2; Davis-Besse Nuclear Power Station (DBNPS), Unit 1; and Perry Nuclear Power Plant (PNPP), Unit 1 (ADAMS Accession No. ML18094A642). The petitioner requested that the NRC take the following actions: [[Page 44677]] (A) Demands for Information (1) Promptly issue a Demand for Information to FE, FES, NG, and FENOC requesting site-specific decommissioning funding plans for the BVNPS, DBNPS, and PNPP; (2) Promptly issue a Demand for Information to FE, FES, NG, and FENOC regarding their reliance on external trust funds from FE and FES to satisfy their decommissioning financial obligations; (3) Promptly issue a Demand for Information to FE, FES, NG, and FENOC regarding their continued reliance on Parent Guarantees from FE to satisfy decommissioning funding obligations, including the ability of FE to satisfy the Parent Guarantee financial test under title 10 of the Code of Federal Regulations (10 CFR) part 30, appendix A; (4) Promptly issue a Demand for Information to FES, NG, and FENOC to the extent that they are relying on Parent Guarantees from FES to satisfy decommissioning funding obligations, including the ability of FES to satisfy the Parent Guarantee financial test under 10 CFR part 30, appendix A; (5) Promptly issue a Demand for Information to FE, FES, NG, and FENOC regarding their proposed investment and financial contribution plans to make up the current decommissioning shortfall; and (6) Promptly issue a Demand for Information to FE and FES, respectively, regarding each of their commitments to guarantee NG and FENOC's decommissioning shortfall in the event of bankruptcy. (B) Notice of Violation and Penalties (1) Promptly issue a Notice of Violation against FE, FES, NG, and FENOC for operating nuclear facilities without sufficient decommissioning funds in violation of 42 United States Code Annotated (U.S.C.A.), Section 2201(x)(1) and 10 CFR 50.75; (2) Promptly issue civil penalties against FE, FES, NG, and FENOC for operating nuclear facilities without sufficient decommissioning funds in violation of 42 U.S.C.A. Section 2201(x)(1) and 10 CFR 50.75; and (3) Promptly issue an Order to suspend NG, and FENOC's licenses for BVNPS, DBNPS, and PNPP. The ELPC also urges the NRC to prohibit NG and FENOC from placing their nuclear facilities into SAFSTOR for purely financial reasons. In addition, ELPC requests that this Petition be given immediate emergency consideration in light of FE's and FES' rapidly deteriorating financial conditions. The basis for ELPC's request is summarized below: 1. NG and FENOC's decommissioning trust amounts are insufficient on their own to provide reasonable assurance of funding. 2. FE cannot rely on rate increases forced on retail ratepayers to pay for the decommissioning trust fund shortfalls. 3. The costs, including SAFSTOR costs, may still be much higher than expected due to significantly higher shortfalls as reported by the Callan Institute and recognized flaws in the NRC's cost estimate formula. 4. On March 28, 2018, FES and FENOC announced that they would permanently retire all four of their reactors within the next 3 years. If plants close in 2020 and 2021, the funds cannot grow to levels that will pay for complete decommissioning. 5. Parent companies FE and FES filed for bankruptcy on March 31, 2018. The request is being treated pursuant to 10 CFR 2.206 of the Commission's regulations. The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, appropriate action will be taken on this petition within a reasonable time. The petitioner met with the Petition Review Board on June 19, 2018, to discuss the petition; the transcript of that meeting is a supplement to the petition (ADAMS Accession No. ML18194A395). The petition and the results of the discussion at the June 19, 2018, meeting would be considered in establishing the schedule for the review of the petition. Dated at Rockville, Maryland, this 27th day of August 2018. For the Nuclear Regulatory Commission. Ho K. Nieh, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2018-18923 Filed 8-30-18; 8:45 am] BILLING CODE 7590-01-P
![44676 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
Saturday, October 6, 2018, Conference available through the NRC Public You may obtain publicly-available
Room 1C3 and 1C5, 11601 Landsdown Document Room at pdr.resource@ information related to this document
Street, North Bethesda, MD 20852 nrc.gov, or by calling the PDR at 1–800– using any of the following methods:
8:30 p.m.–12:00 p.m.: Preparation of 397–4209, or from the Publicly • Federal Rulemaking website: Go to
ACRS Report/Retreat (Open/Closed)— Available Records System (PARS) http://www.regulations.gov and search
The Committee will continue its component of NRC’s document system for Docket ID NRC–2018–0174. Address
discussion of the ACRS report and (ADAMS) which is accessible from the questions about NRC dockets to Jennifer
potential retreat items. [NOTE: A NRC website at http://www.nrc.gov/ Borges; telephone: 301–287–9127;
portion of this meeting may be closed reading-rm/adams.html or http:// email: Jennifer.Borges@nrc.gov. For
pursuant to 5 U.S.C. 552b(c)(2) and (6) www.nrc.gov/reading-rm/doc- technical questions, contact the
to discuss organizational and personnel collections/#ACRS/. individuals listed in the FOR FURTHER
matters that relate solely to internal Video teleconferencing service is INFORMATION CONTACT section of this
personnel rules and practices of the available for observing open sessions of document.
ACRS, and information the release of ACRS meetings. Those wishing to use • NRC’s Agencywide Documents
which would constitute a clearly this service should contact Mr. Theron Access and Management System
unwarranted invasion of personal Brown, ACRS Audio Visual Technician (ADAMS): You may obtain publicly-
privacy] (301–415–6702), between 7:30 a.m. and available documents online in the
Procedures for the conduct of and 3:45 p.m. (ET), at least 10 days before ADAMS Public Documents collection at
participation in ACRS meetings were the meeting to ensure the availability of http://www.nrc.gov/reading-rm/
published in the Federal Register on this service. Individuals or adams.html. To begin the search, select
October 4, 2017 (82 FR 46312). In organizations requesting this service ‘‘Begin Web-based ADAMS Search.’’ For
accordance with those procedures, oral will be responsible for telephone line problems with ADAMS, please contact
or written views may be presented by charges and for providing the the NRC’s Public Document Room (PDR)
members of the public, including equipment and facilities that they use to reference staff at 1–800–397–4209, 301–
representatives of the nuclear industry. establish the video teleconferencing 415–4737, or by email to pdr.resource@
Persons desiring to make oral statements link. The availability of video nrc.gov. The ADAMS accession number
should notify Quynh Nguyen, Cognizant teleconferencing services is not for each document referenced (if it is
ACRS Staff (Telephone: 301–415–5844, guaranteed. available in ADAMS) is provided the
Email: Quynh.Nguyen@nrc.gov), 5 days Dated: August 28, 2018. first time that it is mentioned in this
before the meeting, if possible, so that Russell E. Chazell, document. In addition, for the
appropriate arrangements can be made Federal Advisory Committee Management convenience of the reader, the ADAMS
to allow necessary time during the Officer, Office of the Secretary. accession numbers are provided in a
meeting for such statements. In view of [FR Doc. 2018–18933 Filed 8–30–18; 8:45 am] table in the ‘‘Availability of Documents’’
the possibility that the schedule for BILLING CODE 7590–01–P
section of this document.
ACRS meetings may be adjusted by the • NRC’s PDR: You may examine and
Chairman as necessary to facilitate the purchase copies of public documents at
conduct of the meeting, persons NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One
planning to attend should check with COMMISSION White Flint North, 11555 Rockville
the Cognizant ACRS staff if such Pike, Rockville, Maryland 20852.
[Docket Nos. 50–334, 50–412, 50–346, and
rescheduling would result in major 50–440; NRC–2018–0174] FOR FURTHER INFORMATION CONTACT:
inconvenience. The bridgeline number Bhalchandra K. Vaidya, Office of
for the meeting is 866–822–3032, First Energy Corp.; First Energy Nuclear Reactor Regulation, U.S.
passcode 8272423#. Solutions; FirstEnergy Nuclear Nuclear Regulatory Commission,
Thirty-five hard copies of each Generation; FirstEnergy Nuclear Washington, DC 20555–0001; telephone:
presentation or handout should be Operating Company 301–415–3308; email:
provided 30 minutes before the meeting. Bhalchandra.Vaidya@nrc.gov; or Perry
In addition, one electronic copy of each AGENCY: Nuclear Regulatory
Buckberg, Office of Nuclear Reactor
presentation should be emailed to the Commission.
Regulation, U.S. Nuclear Regulatory
Cognizant ACRS Staff one day before ACTION: 10 CFR 2.206 request; receipt. Commission, Washington, DC 20555–
meeting. If an electronic copy cannot be 0001; telephone: 301–415–1383; email:
provided within this timeframe, SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is giving notice that Perry.Buckberg@nrc.gov. Both are staff
presenters should provide the Cognizant of the U.S. Nuclear Regulatory
ACRS Staff with a CD containing each by petition dated March 27, 2018,
Environmental Law and Policy Center Commission, Washington, DC 20555–
presentation at least 30 minutes before 0001.
the meeting. (ELPC) (the petitioner) has requested
In accordance with Subsection 10(d) that the NRC take enforcement action SUPPLEMENTARY INFORMATION: On March
of Public Law 92–463 and 5 U.S.C. with regard to First Energy Corp. (FE), 27, 2018, the petitioner requested that
552b(c), certain portions of this meeting First Energy Solutions (FES), the NRC take enforcement action with
may be closed, as specifically noted FirstEnergy Nuclear Generation (NG), regard to FE, FES, NG, and FENOC
above. Use of still, motion picture, and and FirstEnergy Nuclear Operating operations in Ohio and Pennsylvania at
television cameras during the meeting Company (FENOC). The petitioner’s Beaver Valley Power Station (BVPS),
daltland on DSKBBV9HB2PROD with NOTICES
may be limited to selected portions of requests are included in the Units 1 and 2; Davis-Besse Nuclear
the meeting as determined by the SUPPLEMENTARY INFORMATION section of Power Station (DBNPS), Unit 1; and
Chairman. Electronic recordings will be this document. Perry Nuclear Power Plant (PNPP), Unit
permitted only during the open portions ADDRESSES: Please refer to Docket ID 1 (ADAMS Accession No.
of the meeting. NRC–2018–0174 when contacting the ML18094A642). The petitioner
ACRS meeting agendas, meeting NRC about the availability of requested that the NRC take the
transcripts, and letter reports are information regarding this document. following actions:
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![Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices 44677
(A) Demands for Information 1. NG and FENOC’s decommissioning Operating License Nos. NPF–37 and
(1) Promptly issue a Demand for trust amounts are insufficient on their NPF–66, issued to Exelon Generation
Information to FE, FES, NG, and FENOC own to provide reasonable assurance of Company (EGC), LLC, for operation of
requesting site-specific funding. the Byron Station, Unit Nos. 1 and 2.
decommissioning funding plans for the 2. FE cannot rely on rate increases The proposed amendment extends the
BVNPS, DBNPS, and PNPP; forced on retail ratepayers to pay for the Completion Time for Technical
(2) Promptly issue a Demand for decommissioning trust fund shortfalls. Specification 3.8.1, ‘‘AC Sources-
Information to FE, FES, NG, and FENOC 3. The costs, including SAFSTOR Operating,’’ Required Action A.2, on a
regarding their reliance on external trust costs, may still be much higher than one-time, temporary basis based on a
funds from FE and FES to satisfy their expected due to significantly higher risk-informed approach.
decommissioning financial obligations; shortfalls as reported by the Callan DATES: Submit comments by October 1,
(3) Promptly issue a Demand for Institute and recognized flaws in the 2018. Requests for a hearing or petition
Information to FE, FES, NG, and FENOC NRC’s cost estimate formula. for leave to intervene must be filed by
regarding their continued reliance on 4. On March 28, 2018, FES and October 30, 2018.
Parent Guarantees from FE to satisfy FENOC announced that they would ADDRESSES: You may submit comments
decommissioning funding obligations, permanently retire all four of their by any of the following methods:
including the ability of FE to satisfy the reactors within the next 3 years. If • Federal Rulemaking website: Go to
Parent Guarantee financial test under plants close in 2020 and 2021, the funds http://www.regulations.gov and search
title 10 of the Code of Federal cannot grow to levels that will pay for for Docket ID NRC–2018–0186. Address
Regulations (10 CFR) part 30, appendix complete decommissioning. questions about NRC dockets to Jennifer
A; 5. Parent companies FE and FES filed Borges; telephone: 301–287–9127;
(4) Promptly issue a Demand for for bankruptcy on March 31, 2018. email: Jennifer.Borges@nrc.gov. For
Information to FES, NG, and FENOC to The request is being treated pursuant technical questions, contact the
the extent that they are relying on to 10 CFR 2.206 of the Commission’s individual listed in the FOR FURTHER
Parent Guarantees from FES to satisfy regulations. The request has been INFORMATION CONTACT section of this
decommissioning funding obligations, referred to the Director of the Office of document.
including the ability of FES to satisfy Nuclear Reactor Regulation. As • Mail comments to: May Ma, Office
the Parent Guarantee financial test provided by 10 CFR 2.206, appropriate of Administration, Mail Stop: TWFN–
under 10 CFR part 30, appendix A; action will be taken on this petition
(5) Promptly issue a Demand for A60M, U.S. Nuclear Regulatory
within a reasonable time. Commission, Washington, DC 20555–
Information to FE, FES, NG, and FENOC The petitioner met with the Petition
regarding their proposed investment 0001.
Review Board on June 19, 2018, to For additional direction on obtaining
and financial contribution plans to discuss the petition; the transcript of
make up the current decommissioning information and submitting comments,
that meeting is a supplement to the see ‘‘Obtaining Information and
shortfall; and petition (ADAMS Accession No.
(6) Promptly issue a Demand for Submitting Comments’’ in the
ML18194A395). The petition and the SUPPLEMENTARY INFORMATION section of
Information to FE and FES, respectively, results of the discussion at the June 19,
regarding each of their commitments to this document.
2018, meeting would be considered in
guarantee NG and FENOC’s FOR FURTHER INFORMATION CONTACT: Joel
establishing the schedule for the review
decommissioning shortfall in the event of the petition. S. Wiebe, Office of Nuclear Reactor
of bankruptcy. Regulation, U.S. Nuclear Regulatory
Dated at Rockville, Maryland, this 27th day Commission, Washington, DC 20555–
(B) Notice of Violation and Penalties of August 2018. 0001; telephone: 301–415–6606, email:
(1) Promptly issue a Notice of For the Nuclear Regulatory Commission. Joel.Wiebe@nrc.gov.
Violation against FE, FES, NG, and Ho K. Nieh, SUPPLEMENTARY INFORMATION:
FENOC for operating nuclear facilities Director, Office of Nuclear Reactor
without sufficient decommissioning Regulation. I. Obtaining Information and
funds in violation of 42 United States [FR Doc. 2018–18923 Filed 8–30–18; 8:45 am] Submitting Comments
Code Annotated (U.S.C.A.), Section BILLING CODE 7590–01–P A. Obtaining Information
2201(x)(1) and 10 CFR 50.75;
(2) Promptly issue civil penalties Please refer to Docket ID NRC–2018–
against FE, FES, NG, and FENOC for NUCLEAR REGULATORY 0186 when contacting the NRC about
operating nuclear facilities without COMMISSION the availability of information for this
sufficient decommissioning funds in action. You may obtain publicly-
[Docket Nos. 50–454 and 50–455; NRC– available information related to this
violation of 42 U.S.C.A. Section 2018–0186]
2201(x)(1) and 10 CFR 50.75; and action by any of the following methods:
(3) Promptly issue an Order to • Federal Rulemaking website: Go to
Exelon Generation Company, LLC;
suspend NG, and FENOC’s licenses for http://www.regulations.gov and search
Byron Station, Unit Nos. 1 and 2
BVNPS, DBNPS, and PNPP. for Docket ID NRC–2018–0186.
The ELPC also urges the NRC to AGENCY: Nuclear Regulatory • NRC’s Agencywide Documents
prohibit NG and FENOC from placing Commission. Access and Management System
their nuclear facilities into SAFSTOR ACTION: License amendment application; (ADAMS): You may obtain publicly-
daltland on DSKBBV9HB2PROD with NOTICES
for purely financial reasons. In addition, opportunity to comment, request a available documents online in the
ELPC requests that this Petition be given hearing, and petition for leave to ADAMS Public Documents collection at
immediate emergency consideration in intervene. http://www.nrc.gov/reading-rm/
light of FE’s and FES’ rapidly adams.html. To begin the search, select
deteriorating financial conditions. SUMMARY: The U.S. Nuclear Regulatory ‘‘Begin Web-based ADAMS Search.’’ For
The basis for ELPC’s request is Commission (NRC) is considering problems with ADAMS, please contact
summarized below: issuance of amendments to Facility the NRC’s Public Document Room (PDR)
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Document Created: 2018-08-31 00:54:10
Document Modified: 2018-08-31 00:54:10
| 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 | 10 CFR 2.206 request; receipt. | |
| Contact | Bhalchandra K. Vaidya, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3308; email: [email protected]; or Perry Buckberg, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1383; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 83 FR 44676 |
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