83 FR 53116 - In the Matter of Entergy Nuclear Vermont Yankee, LLC; Entergy Nuclear Operations, Inc.; NorthStar Vermont Yankee LLC; NorthStar Nuclear Decommissioning Company, LLC; Vermont Yankee Nuclear Power Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 203 (October 19, 2018)
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53116-53118 | |
| FR Document | 2018-22768 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Notices] [Pages 53116-53118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22768] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-271 and 72-59; NRC-2018-0216] In the Matter of Entergy Nuclear Vermont Yankee, LLC; Entergy Nuclear Operations, Inc.; NorthStar Vermont Yankee LLC; NorthStar Nuclear Decommissioning Company, LLC; Vermont Yankee Nuclear Power Station AGENCY: Nuclear Regulatory Commission. ACTION: Direct and indirect transfer of license; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the direct transfer of Renewed Facility Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station (VY), and its general license for the VY Independent Spent Fuel Storage Installation (ISFSI), from the currently licensed operator, Entergy Nuclear Operations, Inc. (ENOI), and currently licensed owner, Entergy Nuclear Vermont Yankee, LLC (ENVY), to NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC), and to ENVY's successor NorthStar Vermont Yankee, LLC (NorthStar VY). This order also approves the indirect transfer of control of the license from ENVY's Entergy parent holding and investment companies to NorthStar Decommissioning Holdings, LLC and its parents NorthStar Group Services, Inc. (NorthStar), LVI Parent Corp., and NorthStar Group Holdings, LLC. The NRC is also issuing a conforming amendment for the facility operating license for administrative purposes to reflect the approved license transfer. The NRC confirmed that NorthStar NDC, and the entity to be named NorthStar VY, met the regulatory, legal, technical, and financial obligations necessary to qualify them as a transferee and determined that the transferee is qualified to be the holder of the license; and the transfer of the license is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission. The Order approving the direct transfer of the VY license to NorthStar NDC and NorthStar VY and the indirect transfer to NorthStar Decommissioning Holdings, LLC and its parents became effective on October 11, 2018. DATES: The Order was issued on October 11, 2018, and is effective for one year. ADDRESSES: Please refer to Docket ID NRC-2018-0216 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 https://www.regulations.gov and search for Docket ID NRC-2018-0216. Address questions about Docket IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127; 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 https://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 license transfer Order, the NRC safety evaluation supporting the staff's findings, and the conforming license amendment are available in ADAMS under Accession Nos. ML18248A096, ML18242A639, and ML18253A202, respectively. 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: Jack D. 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: The text of the Order is attached. Dated at Rockville, Maryland, this 15th day of October 2018. [[Page 53117]] For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. Attachment--Order Approving the Transfer of License and Conforming Amendment UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION [Docket Nos.: 50-271 and 72-59; License No.: DPR-28] In the Matter of Entergy Nuclear Vermont Yankee, LLC Entergy Nuclear Operations, Inc. Vermont Yankee Nuclear Power Station ORDER APPROVING THE TRANSFER OF LICENSE AND CONFORMING AMENDMENT I. Entergy Nuclear Operations, Inc. (ENOI), on behalf of itself and Entergy Nuclear Vermont Yankee, LLC (ENVY), are the holders of Renewed Facility Operating License No. DPR-28, which authorizes the operation of the Vermont Yankee Nuclear Power Station (VY), and the general license for the VY Independent Spent Fuel Storage Installation (ISFSI). VY permanently ceased operations on December 29, 2014. Pursuant to Sections 50.82(a)(1)(i) and (a)(1)(ii) of Title 10 of the Code of Federal Regulations (10 CFR), by letter dated January 12, 2015, ENOI certified to the NRC that it had permanently ceased operations at VY and that all fuel had been permanently removed from the reactor. Therefore, pursuant to 10 CFR 50.82(a)(2), operations at VY are no longer authorized under the 10 CFR part 50 license, and ENOI and ENVY are licensed to possess, but not use or operate, VY under Renewed Facility Operating License No. DPR-28, subject to the conditions specified therein. The VY site is located in the town of Vernon, Vermont, in Windham County on the west shore of the Connecticut River immediately upstream of the Vernon Hydroelectric Station. II. By letter dated February 9, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17045A140), and as supplemented by letters dated April 6, 2017 (ADAMS Accession No. ML17096A394), August 22, 2017 (ADAMS Accession No. ML17234A141), August 28, 2017 (ADAMS Accession No. ML17248A468), December 4, 2017 (ADAMS Accession No. ML17339A896), December 22, 2017 (ADAMS Accession No. ML18009A459), May 21, 2018 (ADAMS Accession No. ML18143B484), and June 28, 2018 (ADAMS Accession No. ML18183A220), ENOI, on behalf of itself and ENVY, and NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC) (together, the Applicants), requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the proposed direct and indirect transfer of the VY Renewed Facility Operating License No. DPR-28 and the general license for the VY ISFSI (collectively referred to as the facility). Specifically, the Applicants requested that the NRC consent to the direct transfer of ENOI's currently licensed authority (licensed operator for decommissioning) to NorthStar NDC. In addition, the Applicants requested the indirect transfer of control of ENVY's ownership interests in the facility licenses to NorthStar Decommissioning Holdings, LLC, and its parents NorthStar Group Services, Inc. (NorthStar), LVI Parent Corp. (LVI) and NorthStar Group Holdings, LLC (Holdings). These direct and indirect transfer requests are submitted to the NRC for approval pursuant to Section 184 of the Atomic Energy Act of 1954, as amended (AEA), ``Inalienability of Licenses,'' and 10 CFR 50.80, ``Transfer of licenses,'' 10 CFR 72.50, ``Transfer of licenses,'' and 10 CFR 50.90, ``Application for amendment of license, construction permit, or early site permit.'' The supplemental information letters, listed above, contained clarifying information, did not expand the application beyond the scope of the original notice, and did not affect the applicability of the NRC's no significant hazards consideration determination. ENOI and ENVY intend to transfer the licensed possession, maintenance, and decommissioning authorities to NorthStar NDC in order to implement expedited decommissioning at VY. Following approval and implementation of the proposed direct transfer of control of the license, NorthStar NDC would assume licensed responsibility for VY through the direct transfer of ENOI's responsibility for licensed activities at VY to NorthStar NDC. 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 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. NorthStar VY would own the VY 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 and off- site training facilities. Upon the proposed license transfer, NorthStar NDC would assume responsibility for compliance with the current licensing basis, including regulatory commitments that exist at the closing of the transaction between the Applicants, and would implement any changes under applicable regulatory requirements and practices. The Applicants also requested that the NRC approve a conforming administrative amendment to the facility license to reflect the proposed direct transfer of the license from ENOI to NorthStar NDC as well as a planned name change for ENVY from ENVY to NorthStar VY. Notice of NRC consideration of the license transfer application was published in the Federal Register (FR) on May 24, 2017 (82 FR 23845) and included an opportunity to comment, request a hearing, and petition for leave to intervene. On June 13, 2017, the State of Vermont filed a Request for a Hearing and Petition for Leave to Intervene submitting two contentions challenging the proposed license transfer, and, on June 27, 2017, the New England Coalition (collectively, with the State of Vermont, ``Petitioners'') also filed a Request for a Hearing and Petition for Leave to Intervene with two contentions against the proposed license transfer. On March 7, 2018, and March 12, 2018, the Petitioners filed notices of the anticipated withdrawal of their hearing requests pursuant to a settlement agreement between the Applicants and others, including the Petitioners. The Petitioners requested that their hearing requests be held in abeyance until the Vermont Public Utility Commission acted on the settlement agreement. On April 12, 2018, the Commission granted the Petitioners' motion to hold the proceeding in abeyance pending further notification by the Petitioners. Public comments were also received on this application for license transfer. They are summarized in the Safety Evaluation of this license transfer request. The staff notes, by letter dated May 25, 2018 (ADAMS Accession No. ML18150A315), in support of the license transfer request, that NorthStar submitted a request for an exemption to 10 CFR 50.82(a)(8)(i)(A) to use up to $20 million of the VY trust (on a revolving basis) to pay for spent fuel management expenses. The staff approved the exemption request on October 11, 2018 (ADAMS Accession No. ML18274A246). The exemption is being issued simultaneously with this Order. Pursuant to 10 CFR 50.80, no license for a production or utilization facility, or any right thereunder, shall be transferred, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that NorthStar VY and NorthStar NDC are qualified to be the holders of the licenses, and that the direct and indirect transfer of the licenses, as described in the application, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto, subject to the condition set forth below. Upon review of the application for a conforming amendment to the VY license to reflect the direct and indirect transfer of the VY licenses, the NRC staff determined the following: (1) The application for the proposed 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. (2) There is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of the [[Page 53118]] public, and that such activities will be conducted in compliance with the Commission's regulations. (3) The issuance of the proposed license amendment will not be inimical to the common defense and security or to the health and safety of the public. (4) The issuance of the proposed license amendment is in accordance with 10 CFR part 51 of the Commission's regulations, and all applicable requirements have been satisfied. The findings set forth above are supported by an NRC safety evaluation dated October 11, 2018, which is available at ADAMS Accession No. ML18242A639. III. Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the AEA, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, 10 CFR 72.50, and 10 CFR 50.90, IT IS HEREBY ORDERED that the application for the direct and indirect transfer of the licenses, as described herein is approved for Vermont Yankee Nuclear Power Station and the ISFSI, subject to the following conditions: (1) Prior to the closing of the license transfer, NorthStar NDC and NorthStar VY shall provide the Directors of NRC's Office of Nuclear Material Safety and Safeguards (NMSS) and Office of Nuclear Reactor Regulation (NRR) satisfactory documentary evidence that they have obtained the appropriate amount of insurance required of a licensee under 10 CFR 140.11(a)(4) and 10 CFR 50.54(w) of the Commission's regulations, consistent with the exemptions issued to VY on April 15, 2016. (2) NorthStar Vermont Yankee, LLC and NorthStar Nuclear Decommissioning Company, LLC shall take no action to cause NorthStar Group Services, Inc., to void, cancel, or modify the $140 million Support agreement to provide funding for Vermont Yankee as represented in the application without prior written consent of the Director of the Office of Nuclear Reactor Regulation. (3) NorthStar Vermont Yankee, LLC shall obtain a performance bond if a Settlement Agreement with the U.S. Department of Energy (DOE), on DOE reimbursements for spent fuel management expenses, is not entered into by January 1, 2022. The performance bond will be effective January 1, 2022, initially in the amount of $4.3 million, and it will be renewed annually. This amount covers the annual amount of Independent Spent Fuel Storage Installation (ISFSI) operation and maintenance (O&M) costs projected for 2022-2024. If a settlement is not reached by January 1, 2024, this amount will be increased to $9.3 million, which covers the annual amount of ISFSI O&M costs projected for years after 2024. IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), the license amendment that makes changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the license to reflect the subject direct and indirect license transfer, is approved. The amendment shall be issued and made effective within 30 days of the date of when the proposed direct and indirect license transfer action is completed. IT IS FURTHER ORDERED that NorthStar NDC and NorthStar VY shall, at least 2 business days prior to closing, inform the Directors of NMSS and NRR in writing of the date of closing of the license transfer for VY and the ISFSI. Should the transfer of the license not be completed within 1 year of this Order's date of issuance, this Order shall become null and void; provided, however, that 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 initial application dated February 9, 2017, as supplemented by letters dated April 6, 2017, August 22, 2017, August 28, 2017, December 4, 2017, December 22, 2017, May 21, 2018, and June 28, 2018, and the associated NRC safety evaluation dated October 11, 2018, which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who encounter problems with ADAMS should contact the NRC's PDR reference staff by telephone at 1-800-397-4209 or 301-415[dash]4737 or by e[dash]mail to [email protected]. Dated at Rockville, Maryland this 11th day of October 2018. For the Nuclear Regulatory Commission. /RA/ Marc L. Dapas, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2018-22768 Filed 10-18-18; 8:45 am] BILLING CODE 7590-01-P
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B. Submitting Comments For the Nuclear Regulatory Commission. the VY license to NorthStar NDC and
Please include Docket ID NRC–2016– Brian W. Smith, NorthStar VY and the indirect transfer
0231 in your comment submission. Acting Director, Division of Fuel Cycle Safety, to NorthStar Decommissioning
Comments received during this Safeguards, and Environmental Review, Holdings, LLC and its parents became
Office of Nuclear Material Safety and effective on October 11, 2018.
extended scoping period will be Safeguards.
considered by the NRC in determining DATES: The Order was issued on October
[FR Doc. 2018–22810 Filed 10–18–18; 8:45 am]
the scope of the EIS. Scoping comments 11, 2018, and is effective for one year.
BILLING CODE 7590–01–P
submitted previously need not be
resubmitted during this extended ADDRESSES: Please refer to Docket ID
scoping period. NRC–2018–0216 when contacting the
NUCLEAR REGULATORY
The NRC cautions you not to include NRC about the availability of
COMMISSION
identifying or contact information that information regarding this document.
you do not want to be publicly [Docket Nos. 50–271 and 72–59; NRC–2018– You may obtain publicly-available
disclosed in your comment submission. 0216] information related to this document
The NRC will post all comment using any of the following methods:
submissions at https:// In the Matter of Entergy Nuclear
Vermont Yankee, LLC; Entergy Nuclear • Federal Rulemaking Website: Go to
www.regulations.gov/ as well as enter
Operations, Inc.; NorthStar Vermont https://www.regulations.gov and search
the comment submissions into ADAMS.
The NRC does not routinely edit Yankee LLC; NorthStar Nuclear for Docket ID NRC–2018–0216. Address
comment submissions to remove Decommissioning Company, LLC; questions about Docket IDs in
identifying or contact information. Vermont Yankee Nuclear Power Regulations.gov to Jennifer Borges;
If you are requesting or aggregating Station telephone: 301–287–9127; email:
comments from other persons for AGENCY: Nuclear Regulatory Jennifer.Borges@nrc.gov. For technical
submission to the NRC, then you should Commission. questions, contact the individual listed
inform those persons not to include in the FOR FURTHER INFORMATION
ACTION: Direct and indirect transfer of
identifying or contact information that CONTACT section of this document.
license; order.
they do not want to be publicly • NRC’s Agencywide Documents
disclosed in their comment submission. SUMMARY: The U.S. Nuclear Regulatory Access and Management System
Your request should state that the NRC Commission (NRC) is issuing an order (ADAMS): You may obtain publicly-
does not routinely edit comment approving the direct transfer of available documents online in the
submissions to remove such information Renewed Facility Operating License No. ADAMS Public Documents collection at
before making the comment DPR–28 for the Vermont Yankee https://www.nrc.gov/reading-rm/
submissions available to the public or Nuclear Power Station (VY), and its
adams.html. To begin the search, select
entering the comment into ADAMS. general license for the VY Independent
‘‘Begin Web-based ADAMS Search.’’ For
Spent Fuel Storage Installation (ISFSI),
II. Discussion problems with ADAMS, please contact
from the currently licensed operator,
On April 28, 2016, WCS submitted a Entergy Nuclear Operations, Inc. the NRC’s Public Document Room (PDR)
license application to NRC for a (ENOI), and currently licensed owner, reference staff at 1–800–397–4209, 301–
proposed CISF for spent nuclear fuel. Entergy Nuclear Vermont Yankee, LLC 415–4737, or by email to pdr.resource@
The NRC accepted the WCS application (ENVY), to NorthStar Nuclear nrc.gov. The license transfer Order, the
for detailed review on January 26, 2017. Decommissioning Company, LLC NRC safety evaluation supporting the
On November 14, 2016 (81 FR 79531), (NorthStar NDC), and to ENVY’s staff’s findings, and the conforming
the NRC opened the public scoping successor NorthStar Vermont Yankee, license amendment are available in
period for its EIS on the WCS license LLC (NorthStar VY). This order also ADAMS under Accession Nos.
application. On April 18, 2017, WCS approves the indirect transfer of control ML18248A096, ML18242A639, and
requested that NRC temporarily suspend of the license from ENVY’s Entergy ML18253A202, respectively.
its review. The EIS public scoping parent holding and investment • NRC’s PDR: You may examine and
comment period closed on April 28, companies to NorthStar purchase copies of public documents at
2017. Decommissioning Holdings, LLC and its the NRC’s PDR, Room O1–F21, One
On June 8, 2018, ISP (a joint venture parents NorthStar Group Services, Inc. White Flint North, 11555 Rockville
between WCS and Orano CIS LLC) (NorthStar), LVI Parent Corp., and
requested that NRC resume its detailed Pike, Rockville, Maryland 20852.
NorthStar Group Holdings, LLC. The
review and submitted a revised CISF NRC is also issuing a conforming FOR FURTHER INFORMATION CONTACT: Jack
license application. On July 19, 2018, amendment for the facility operating D. Parrott, Office of Nuclear Material
ISP provided an update to its license for administrative purposes to Safety and Safeguards, U.S. Nuclear
application. On September 4, 2018 (83 reflect the approved license transfer. Regulatory Commission, Washington,
FR 44922), the NRC reopened the The NRC confirmed that NorthStar DC 20555–0001; telephone: 301–415–
scoping period for its EIS, with NDC, and the entity to be named 6634, email: Jack.Parrott@nrc.gov.
comments to be submitted by October NorthStar VY, met the regulatory, legal,
19, 2018. technical, and financial obligations SUPPLEMENTARY INFORMATION: The text of
necessary to qualify them as a transferee the Order is attached.
amozie on DSK3GDR082PROD with NOTICES1
III. Extending Public Comment Scoping
Period and determined that the transferee is Dated at Rockville, Maryland, this 15th day
qualified to be the holder of the license; of October 2018.
The NRC is extending the public and the transfer of the license is
comment scoping period to November otherwise consistent with the applicable
19, 2018. provisions of law, regulations, and
Dated at Rockville, Maryland, this 15th day orders issued by the Commission. The
of October, 2018. Order approving the direct transfer of
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![Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53117
For the Nuclear Regulatory Commission. Operating License No. DPR–28 and the Federal Register (FR) on May 24, 2017 (82 FR
John R. Tappert, general license for the VY ISFSI (collectively 23845) and included an opportunity to
referred to as the facility). Specifically, the comment, request a hearing, and petition for
Director, Division of Decommissioning,
Applicants requested that the NRC consent to leave to intervene. On June 13, 2017, the
Uranium Recovery and Waste Programs,
the direct transfer of ENOI’s currently State of Vermont filed a Request for a Hearing
Office of Nuclear Material Safety and
licensed authority (licensed operator for and Petition for Leave to Intervene
Safeguards. decommissioning) to NorthStar NDC. In submitting two contentions challenging the
Attachment—Order Approving the addition, the Applicants requested the proposed license transfer, and, on June 27,
Transfer of License and Conforming indirect transfer of control of ENVY’s 2017, the New England Coalition
ownership interests in the facility licenses to (collectively, with the State of Vermont,
Amendment NorthStar Decommissioning Holdings, LLC, ‘‘Petitioners’’) also filed a Request for a
UNITED STATES OF AMERICA NUCLEAR and its parents NorthStar Group Services, Hearing and Petition for Leave to Intervene
REGULATORY COMMISSION Inc. (NorthStar), LVI Parent Corp. (LVI) and with two contentions against the proposed
NorthStar Group Holdings, LLC (Holdings). license transfer. On March 7, 2018, and
[Docket Nos.: 50–271 and 72–59; License No.: These direct and indirect transfer requests March 12, 2018, the Petitioners filed notices
DPR–28] are submitted to the NRC for approval of the anticipated withdrawal of their hearing
In the Matter of Entergy Nuclear Vermont pursuant to Section 184 of the Atomic Energy requests pursuant to a settlement agreement
Yankee, LLC Act of 1954, as amended (AEA), between the Applicants and others, including
‘‘Inalienability of Licenses,’’ and 10 CFR the Petitioners. The Petitioners requested that
Entergy Nuclear Operations, Inc. 50.80, ‘‘Transfer of licenses,’’ 10 CFR 72.50, their hearing requests be held in abeyance
‘‘Transfer of licenses,’’ and 10 CFR 50.90, until the Vermont Public Utility Commission
Vermont Yankee Nuclear Power Station
‘‘Application for amendment of license, acted on the settlement agreement. On April
ORDER APPROVING THE TRANSFER OF construction permit, or early site permit.’’ 12, 2018, the Commission granted the
LICENSE AND CONFORMING The supplemental information letters, listed Petitioners’ motion to hold the proceeding in
AMENDMENT above, contained clarifying information, did abeyance pending further notification by the
not expand the application beyond the scope Petitioners. Public comments were also
I. of the original notice, and did not affect the received on this application for license
Entergy Nuclear Operations, Inc. (ENOI), applicability of the NRC’s no significant transfer. They are summarized in the Safety
on behalf of itself and Entergy Nuclear hazards consideration determination. Evaluation of this license transfer request.
Vermont Yankee, LLC (ENVY), are the ENOI and ENVY intend to transfer the The staff notes, by letter dated May 25,
holders of Renewed Facility Operating licensed possession, maintenance, and 2018 (ADAMS Accession No.
License No. DPR–28, which authorizes the decommissioning authorities to NorthStar ML18150A315), in support of the license
operation of the Vermont Yankee Nuclear NDC in order to implement expedited
transfer request, that NorthStar submitted a
Power Station (VY), and the general license decommissioning at VY. Following approval
request for an exemption to 10 CFR
for the VY Independent Spent Fuel Storage and implementation of the proposed direct
50.82(a)(8)(i)(A) to use up to $20 million of
Installation (ISFSI). VY permanently ceased transfer of control of the license, NorthStar
the VY trust (on a revolving basis) to pay for
operations on December 29, 2014. Pursuant NDC would assume licensed responsibility
spent fuel management expenses. The staff
to Sections 50.82(a)(1)(i) and (a)(1)(ii) of Title for VY through the direct transfer of ENOI’s
approved the exemption request on October
10 of the Code of Federal Regulations (10 responsibility for licensed activities at VY to
NorthStar NDC. If the proposed indirect 11, 2018 (ADAMS Accession No.
CFR), by letter dated January 12, 2015, ENOI ML18274A246). The exemption is being
certified to the NRC that it had permanently transfer of control is approved, ENVY would
change its name to NorthStar VY, but the issued simultaneously with this Order.
ceased operations at VY and that all fuel had
same legal entity would continue to exist Pursuant to 10 CFR 50.80, no license for a
been permanently removed from the reactor.
before and after the proposed transfer. production or utilization facility, or any right
Therefore, pursuant to 10 CFR 50.82(a)(2),
NorthStar VY would also enter into an thereunder, shall be transferred, either
operations at VY are no longer authorized
operating agreement with NorthStar NDC, voluntarily or involuntarily, directly or
under the 10 CFR part 50 license, and ENOI
which provides for NorthStar NDC to act as indirectly, through transfer of control of the
and ENVY are licensed to possess, but not
NorthStar VY’s agent and for NorthStar VY license to any person, unless the Commission
use or operate, VY under Renewed Facility
to pay NorthStar NDC’s costs of operation, gives its consent in writing. Upon review of
Operating License No. DPR–28, subject to the
conditions specified therein. The VY site is including all decommissioning costs. the information in the application and other
located in the town of Vernon, Vermont, in NorthStar VY would own the VY facility as information before the Commission, and
Windham County on the west shore of the well as its associated assets and real estate, relying upon the representations and
Connecticut River immediately upstream of including its nuclear decommissioning trust agreements contained in the application, the
the Vernon Hydroelectric Station. fund, title to spent nuclear fuel, and rights NRC staff has determined that NorthStar VY
pursuant to the terms of its Standard Contract and NorthStar NDC are qualified to be the
II. holders of the licenses, and that the direct
for Disposal of Spent Nuclear Fuel and/or
By letter dated February 9, 2017 High-Level Radioactive Waste with the U.S. and indirect transfer of the licenses, as
(Agencywide Documents Access and Department of Energy. Certain off-site assets described in the application, is otherwise
Management System (ADAMS) Accession and real estate of ENVY are excluded, such consistent with applicable provisions of law,
No. ML17045A140), and as supplemented by as administrative offices and off-site training regulations, and orders issued by the
letters dated April 6, 2017 (ADAMS facilities. Upon the proposed license transfer, Commission pursuant thereto, subject to the
Accession No. ML17096A394), August 22, NorthStar NDC would assume responsibility condition set forth below.
2017 (ADAMS Accession No. for compliance with the current licensing Upon review of the application for a
ML17234A141), August 28, 2017 (ADAMS basis, including regulatory commitments that conforming amendment to the VY license to
Accession No. ML17248A468), December 4, exist at the closing of the transaction between reflect the direct and indirect transfer of the
2017 (ADAMS Accession No. the Applicants, and would implement any VY licenses, the NRC staff determined the
ML17339A896), December 22, 2017 (ADAMS changes under applicable regulatory following:
Accession No. ML18009A459), May 21, 2018 requirements and practices. The Applicants (1) The application for the proposed
(ADAMS Accession No. ML18143B484), and also requested that the NRC approve a license amendment complies with the
amozie on DSK3GDR082PROD with NOTICES1
June 28, 2018 (ADAMS Accession No. conforming administrative amendment to the standards and requirements of the Atomic
ML18183A220), ENOI, on behalf of itself and facility license to reflect the proposed direct Energy Act of 1954, as amended (the Act),
ENVY, and NorthStar Nuclear transfer of the license from ENOI to and the Commission’s rules and regulations
Decommissioning Company, LLC (NorthStar NorthStar NDC as well as a planned name set forth in 10 CFR Chapter I.
NDC) (together, the Applicants), requested change for ENVY from ENVY to NorthStar (2) There is reasonable assurance that the
that the U.S. Nuclear Regulatory Commission VY. activities authorized by the proposed license
(NRC) consent to the proposed direct and Notice of NRC consideration of the license amendment can be conducted without
indirect transfer of the VY Renewed Facility transfer application was published in the endangering the health and safety of the
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![53118 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
public, and that such activities will be IT IS FURTHER ORDERED that NorthStar NRC about the availability of
conducted in compliance with the NDC and NorthStar VY shall, at least 2 information regarding this document.
Commission’s regulations. business days prior to closing, inform the You may obtain publicly-available
(3) The issuance of the proposed license Directors of NMSS and NRR in writing of the information related to this document
amendment will not be inimical to the date of closing of the license transfer for VY
and the ISFSI. Should the transfer of the
using any of the following methods:
common defense and security or to the health
license not be completed within 1 year of this
• Federal Rulemaking Website: Go to
and safety of the public.
(4) The issuance of the proposed license Order’s date of issuance, this Order shall http://www.regulations.gov and search
amendment is in accordance with 10 CFR become null and void; provided, however, for Docket ID NRC–2018–0219. Address
part 51 of the Commission’s regulations, and that upon written application and for good questions about Docket IDs in
all applicable requirements have been cause shown, such date may be extended by Regulations.gov to Jennifer Borges;
satisfied. order. telephone: 301–287–9127; email:
The findings set forth above are supported This Order is effective upon issuance. Jennifer.Borges@nrc.gov. For technical
by an NRC safety evaluation dated October For further details with respect to this questions, contact the individual listed
11, 2018, which is available at ADAMS Order, see the initial application dated in the FOR FURTHER INFORMATION
Accession No. ML18242A639. February 9, 2017, as supplemented by letters CONTACT section of this document.
dated April 6, 2017, August 22, 2017, August
III. • NRC’s Agencywide Documents
28, 2017, December 4, 2017, December 22,
Accordingly, pursuant to Sections 161b, 2017, May 21, 2018, and June 28, 2018, and Access and Management System
161i, 161o, and 184 of the AEA, 42 U.S.C. the associated NRC safety evaluation dated (ADAMS): You may obtain publicly-
Sections 2201(b), 2201(i), 2201(o), and 2234; October 11, 2018, which are available for available documents online in the
and 10 CFR 50.80, 10 CFR 72.50, and 10 CFR public inspection at the Commission’s Public ADAMS Public Documents collection at
50.90, IT IS HEREBY ORDERED that the Document Room (PDR), located at One White http://www.nrc.gov/reading-rm/
application for the direct and indirect Flint North, 11555 Rockville Pike (first floor), adams.html. To begin the search, select
transfer of the licenses, as described herein Rockville, Maryland. Publicly available ‘‘Begin Web-based ADAMS Search.’’ For
is approved for Vermont Yankee Nuclear documents are accessible electronically problems with ADAMS, please contact
Power Station and the ISFSI, subject to the through ADAMS in the NRC Library at http://
following conditions: the NRC’s Public Document Room (PDR)
www.nrc.gov/reading-rm/adams.html.
(1) Prior to the closing of the license reference staff at 1–800–397–4209, 301–
Persons who encounter problems with
transfer, NorthStar NDC and NorthStar VY ADAMS should contact the NRC’s PDR 415–4737, or by email to pdr.resource@
shall provide the Directors of NRC’s Office of reference staff by telephone at 1–800–397– nrc.gov.
Nuclear Material Safety and Safeguards 4209 or 301–415-4737 or by e-mail to • NRC’s PDR: You may examine and
(NMSS) and Office of Nuclear Reactor pdr.resource@nrc.gov. purchase copies of public documents at
Regulation (NRR) satisfactory documentary the NRC’s PDR, Room O1–F21, One
evidence that they have obtained the Dated at Rockville, Maryland this 11th day
of October 2018.
White Flint North, 11555 Rockville
appropriate amount of insurance required of Pike, Rockville, Maryland 20852.
a licensee under 10 CFR 140.11(a)(4) and 10 For the Nuclear Regulatory Commission.
/RA/ FOR FURTHER INFORMATION CONTACT:
CFR 50.54(w) of the Commission’s
regulations, consistent with the exemptions Marc L. Dapas,
Miriam L. Cohen, Secretary, Executive
issued to VY on April 15, 2016. Resources Board, U.S. Nuclear
Director, Office of Nuclear Material Safety
(2) NorthStar Vermont Yankee, LLC and and Safeguards.
Regulatory Commission, Washington,
NorthStar Nuclear Decommissioning DC 20555–0001; telephone: 301–287–
Company, LLC shall take no action to cause [FR Doc. 2018–22768 Filed 10–18–18; 8:45 am] 0747, email: Miriam.Cohen@nrc.gov.
NorthStar Group Services, Inc., to void, BILLING CODE 7590–01–P
SUPPLEMENTARY INFORMATION: The
cancel, or modify the $140 million Support following individuals appointed as
agreement to provide funding for Vermont
members of the NRC PRB are
Yankee as represented in the application NUCLEAR REGULATORY
without prior written consent of the Director responsible for making
COMMISSION
of the Office of Nuclear Reactor Regulation. recommendations to the appointing and
(3) NorthStar Vermont Yankee, LLC shall [NRC–2018–0219] awarding authorities on performance
obtain a performance bond if a Settlement appraisal ratings and performance
Agreement with the U.S. Department of Performance Review Boards for Senior awards for Senior Executives and Senior
Energy (DOE), on DOE reimbursements for Executive Service Level System employees:
spent fuel management expenses, is not Margaret M. Doane, Executive Director
entered into by January 1, 2022. The AGENCY: Nuclear Regulatory
Commission. for Operations;
performance bond will be effective January 1,
ACTION: Appointments.
Marian L. Zobler, General Counsel;
2022, initially in the amount of $4.3 million,
Daniel H. Dorman, Deputy Executive
and it will be renewed annually. This
amount covers the annual amount of SUMMARY: The U.S. Nuclear Regulatory Director for Materials, Waste,
Independent Spent Fuel Storage Installation Commission (NRC) has announced Research, State, Tribal, Compliance,
(ISFSI) operation and maintenance (O&M) appointments to the NRC Performance Administration, and Human Capital
costs projected for 2022–2024. If a settlement Review Board (PRB) responsible for Programs, Office of the Executive
is not reached by January 1, 2024, this making recommendations on Director for Operations;
amount will be increased to $9.3 million, performance appraisal ratings and Michael R. Johnson, Deputy Executive
which covers the annual amount of ISFSI Director for Reactor and Preparedness
performance awards for NRC Senior
O&M costs projected for years after 2024. Programs, Office of the Executive
IT IS FURTHER ORDERED that, consistent Executives and Senior Level System
employees and appointments to the Director for Operations;
with 10 CFR 2.1315(b), the license Marc L. Dapas, Director, Office of
amozie on DSK3GDR082PROD with NOTICES1
amendment that makes changes, as indicated NRC PRB Panel responsible for making
in Enclosure 2 to the cover letter forwarding recommendations to the appointing and Nuclear Material Safety and
this Order, to conform the license to reflect awarding authorities for NRC PRB Safeguards;
the subject direct and indirect license members. Frederick D. Brown, Director, Office of
transfer, is approved. The amendment shall New Reactors;
be issued and made effective within 30 days DATES: October 19, 2018. Brian E. Holian, Director, Office of
of the date of when the proposed direct and ADDRESSES: Please refer to Docket ID Nuclear Security and Incident
indirect license transfer action is completed. NRC–2018–0219 when contacting the Response;
VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1](https://thefederalregister.org/doc/83_FR_53319/page/3.svg)
Document Created: 2018-10-19 01:25:21
Document Modified: 2018-10-19 01:25:21
| 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 and indirect transfer of license; order. | |
| Dates | The Order was issued on October 11, 2018, and is effective for one year. | |
| Contact | Jack D. Parrott, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6634, email: Jac[email protected] | |
| FR Citation | 83 FR 53116 |
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