In the Matter of Entergy Nuclear Operations, Inc., et al.; Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses, 5357-5358 [2010-2139]
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
document the NRC’s responses to these
comments (see ADAMS Accession No.
ML093520068).
The NRC maintains
ADAMS, which provides text and image
files of NRC’s public documents. These
documents may be accessed through the
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on the Internet at https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS, or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC Public Document Room
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail at
pdr.resource@nrc.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Mr.
William F. Burton, Chief, Rulemaking
and Guidance Development Branch,
Division of New Reactor Licensing,
Office of the New Reactors, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone at 301–415–
6332 or e-mail at
william.burton@nrc.gov.
The
agency posts its issued staff guidance in
the agency external web page (https://
www.nrc.gov/reading-rm/doccollections/isg/).
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 21st day
of January 2010.
For the Nuclear Regulatory Commission.
David B. Matthews,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2010–2137 Filed 2–1–10; 8:45 am]
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NUCLEAR REGULATORY
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[NRC–2009–0336]
In the Matter of Entergy Nuclear
Operations, Inc., et al.; Order
Extending the Effectiveness of the
Approval of the Indirect Transfer of
Facility Operating Licenses
Entergy Nuclear Operations, Inc.
Entergy Nuclear Generation Company (Pilgrim Nuclear Power Station) ...........................................
Docket No. 50–293.
License No. DPR–35.
Docket Nos. 50–003, 50–247) and 72–51.
License Nos. DPR–5, DPR–26.
Docket No. 50–286.
License No. DPR–64.
Docket Nos. 50–333 and 72–12.
License No. DPR–59.
Docket Nos. 50–271 and 72–59.
License No. DPR–28.
Docket Nos. 50–255 and 72–7.
License No. DPR–20.
Docket Nos. 50–155 and 72–43.
License No. DPR–6.
Entergy Nuclear Indian Point 2, LLC (Indian Point Nuclear Generating Unit Nos. 1 and 2) .............
ENTERGY NUCLEAR INDIAN POINT 3, LLC (Indian Point Nuclear Generating Unit No. 3) ...........
Entergy Nuclear Fitzpatrick, LLC (James A. FitzPatrick Nuclear Power Plant) .................................
Entergy Nuclear Vermont Yankee, LLC (Vermont Yankee Nuclear Power Station) ..........................
Entergy Nuclear Palisades, LLC (Palisades Nuclear Plant) ...............................................................
(Big Rock Point) ...................................................................................................................................
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I
Entergy Nuclear Operations, Inc.
(ENO) and Entergy Nuclear Generation
Company (Entergy Nuclear) are coholders of the Facility Operating
License, No. DPR–35, which authorizes
the possession, use, and operation of the
Pilgrim Nuclear Power Station (Pilgrim).
Pilgrim is a boiling water nuclear
reactor that is owned by Entergy
Nuclear and operated by ENO. The
facility is located on the western shore
of Cape Cod in the town of Plymouth on
the Entergy Nuclear site in Plymouth
County, Massachusetts.
ENO and Entergy Nuclear Indian
Point 2, LLC (ENIP2) are co-holders of
the Facility Operating License No. DPR–
5, which authorizes the possession of
the Indian Point Nuclear Generating
Unit No. 1 (IP1). IP1 is a pressurized
water nuclear reactor that is owned by
ENIP2 and maintained by ENO. IP1 was
permanently shut down in 1974 and
placed in a safe storage condition
pending decommissioning. The facility
is located in Westchester County, New
York.
ENO and ENIP2 are co-holders of the
Facility Operating License No. DPR–26,
which authorizes the possession, use,
and operation of the Indian Point
Nuclear Generating Unit No. 2 (IP2).
ENO and Entergy Nuclear Indian Point
VerDate Nov<24>2008
16:52 Feb 01, 2010
Jkt 220001
3, LLC (ENIP3) are co-holders of the
Facility Operating License No. DPR–64,
which authorizes the possession, use,
and operation of the Indian Point
Nuclear Generating Unit No. 3 (IP3). IP2
and IP3 are both pressurized water
nuclear reactors that are owned by
ENIP2 and ENIP3, respectively, and
operated by ENO. The facilities are
located in Westchester County, New
York.
ENO and Entergy Nuclear FitzPatrick,
LLC (EN-FitzPatrick) are co-holders of
the Facility Operating License No. DPR–
59, which authorizes the possession,
use, and operation of the James A.
FitzPatrick Nuclear Power Plant
(FitzPatrick). FitzPatrick is a boiling
water nuclear reactor that is owned by
EN-FitzPatrick and operated by ENO.
The facility is located in Scriba, Oswego
County, New York.
ENO and Entergy Nuclear Vermont
Yankee, LLC (EN-Vermont Yankee) are
co-holders of the Facility Operating
License No. DPR–28, which authorizes
the possession, use, and operation of the
Vermont Yankee Nuclear Power Station
(Vermont Yankee). Vermont Yankee is a
boiling water nuclear reactor that is
owned by EN-Vermont Yankee and
operated by ENO. The facility is located
in the town of Vernon, Windham
County, Vermont.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
5357
ENO and Entergy Nuclear Palisades,
LLC (EN-Palisades) are co-holders of the
Renewed Facility Operating License No.
DPR–20, which authorizes the
possession, use, and operation of the
Palisades Nuclear Plant (Palisades).
Palisades is a pressurized water nuclear
reactor that is owned by EN-Palisades
and operated by ENO. The facility is
located in Van Buren County, Michigan.
ENO and EN-Palisades are co-holders
of the Facility Operating License No.
DPR–06, which authorizes the
possession of Big Rock Point. Big Rock
Point is an independent spent fuel
storage installation (ISFSI) that is owned
by EN-Palisades and operated by ENO.
The facility is located in Charlevoix
County, Michigan.
II
The NRC’s Orders dated July 28, 2008,
consented to the indirect transfer of
control of the licenses of the above
facilities pursuant to § 50.80 of Title 10
of the Code of Federal Regulations in
connection with a proposed corporate
restructuring and establishment of
Enexus Energy Corporation. By its
terms, the Orders of July 28, 2008,
would become null and void if the
license transfers were not completed by
July 28, 2009, unless upon application
and for good cause shown, such date
E:\FR\FM\02FEN1.SGM
02FEN1
5358
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
was extended by the Commission. By
Order dated July 24, 2009, the NRC staff
determined that good cause had been
shown to extend the effectiveness of the
Orders of July 28, 2008, through January
28, 2010. Similarly, by its terms, the
Order of July 24, 2009, becomes null
and void if the license transfers are not
completed by January 28, 2010, unless
upon application and for good cause
shown, such date is extended by the
Commission.
III
By letter dated November 3, 2009, as
supplemented by letter dated December
10, 2009, ENO, acting on behalf of itself,
Entergy Nuclear, ENIP2, ENIP3, ENFitzPatrick, EN-Vermont Yankee, and
EN-Palisades (together the Applicants),
submitted a request for an extension of
the effectiveness of the Orders of July
28, 2008, such that they would remain
effective through August 1, 2010.
According to the submittal, diligent
efforts have been made to obtain the
required State and Federal regulatory
approvals, and many of the required
approvals have been obtained. ENO has
expressed confidence that it will receive
all of the required approvals for the
transaction. However, proceedings are
ongoing before the New York State
Public Service Commission (PSC) and
the State of Vermont Public Service
Board (PSB) and these two State
agencies may not complete their
regulatory approval processes in time to
complete the restructuring and
establishment of Enexus Energy
Corporation prior to January 28, 2010, as
required by the NRC Orders consenting
to the proposed restructuring and
associated indirect license transfers.
As indicated in ENO’s letter dated
August 18, 2009, an amended petition
has been submitted to the New York
PSC that includes several enhancements
to the transaction. In Vermont, Entergy
Nuclear Vermont Yankee, LLC, ENO,
and Enexus have entered into a
Memorandum of Understanding (MOU)
with the Vermont Department of Public
Service. This MOU must be approved by
the Vermont PSB.
The Applicants are concerned that the
transaction may not be completed by
January 28, 2010, as required by the
current Orders. Moreover, beginning in
early 2010, there are certain ‘‘blackout
periods’’ imposed by Federal regulations
in connection with efforts to finalize the
audited 2009 annual financial results for
Entergy Corporation. Once such
blackout periods begin, limitations on
access to the financial markets would
likely delay completion of the
transaction until the June or July 2010
time frame.
VerDate Nov<24>2008
16:52 Feb 01, 2010
Jkt 220001
As stated in the licensee’s submittal,
the conditions under which the NRC
issued the Orders approving the license
transfers have not changed significantly.
The technical qualifications of the new
organization and other bases for
approving the transfers remain intact
and the various inter-company
contractual arrangements and financial
support described in the application
and supplemental information
submitted to support the NRC staff’s
review and issuance of its safety
evaluation (SE), remain valid and fully
support the staff’s findings. In support
of the claim that the financial
qualifications have not significantly
changed, ENO submitted revised
proprietary financial projections for the
plant licensees and Enexus for the 5
calendar years 2010–2014 along with
responses to staff questions regarding
decommissioning funding assurance. As
such, the current conditions continue to
support the staff’s findings regarding the
technical and financial qualifications of
the affected licensees.
The NRC staff has considered the
submittal of November 3, 2009, as
supplemented by letter dated December
10, 2009, and has determined that good
cause to extend the effectiveness of the
Orders of July 28, 2008, has been shown
in that the delay in completing the
transaction was not caused by the
licensee. The findings set forth above
are supported by a SE dated January 22,
2010.
IV
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended, 42
U.S.C. 2201(b), 2201(i), 2201(o), and
2234; and 10 CFR 50.80, It is hereby
ordered that the effectiveness of the
Orders of July 28, 2008, described
herein are extended such that if the
proposed corporate restructuring and
establishment of Enexus Energy
Corporation is not consummated by
August 1, 2010, the Orders of July 28,
2008, and July 24, 2009, shall become
null and void, unless upon application
and for good cause shown, such date is
further extended by Order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the submittal dated
November 3, 2009 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML093100496), as supplemented by
letter dated December 10, 2009 (ADAMS
Accession No. ML093630884), and the
SE dated January 22, 2010 (ADAMS
Accession No. ML093620895), which
may be examined, and/or copied for a
fee, at the NRC’s Public Document
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
Room, located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, MD, and accessible
electronically through the ADAMS
Public Electronic Reading Room link at
the NRC Web site: https://www.nrc.gov.
Dated at Rockville, Maryland, this 22 day
of January 2010.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials
and Environmental Management Programs.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Michael F. Weber,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2010–2139 Filed 2–1–10; 8:45 am]
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[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Pages 5357-5358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2139]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0336]
In the Matter of Entergy Nuclear Operations, Inc., et al.; Order
Extending the Effectiveness of the Approval of the Indirect Transfer of
Facility Operating Licenses
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Entergy Nuclear Operations, Inc.
Entergy Nuclear Generation Company (Pilgrim Docket No. 50-293.
Nuclear Power Station). License No. DPR-35.
Entergy Nuclear Indian Point 2, LLC (Indian Docket Nos. 50-003, 50-247) and 72-51.
Point Nuclear Generating Unit Nos. 1 and License Nos. DPR-5, DPR-26.
2).
ENTERGY NUCLEAR INDIAN POINT 3, LLC (Indian Docket No. 50-286.
Point Nuclear Generating Unit No. 3). License No. DPR-64.
Entergy Nuclear Fitzpatrick, LLC (James A. Docket Nos. 50-333 and 72-12.
FitzPatrick Nuclear Power Plant). License No. DPR-59.
Entergy Nuclear Vermont Yankee, LLC Docket Nos. 50-271 and 72-59.
(Vermont Yankee Nuclear Power Station). License No. DPR-28.
Entergy Nuclear Palisades, LLC (Palisades Docket Nos. 50-255 and 72-7.
Nuclear Plant). License No. DPR-20.
(Big Rock Point)........................... Docket Nos. 50-155 and 72-43.
License No. DPR-6.
----------------------------------------------------------------------------------------------------------------
I
Entergy Nuclear Operations, Inc. (ENO) and Entergy Nuclear
Generation Company (Entergy Nuclear) are co-holders of the Facility
Operating License, No. DPR-35, which authorizes the possession, use,
and operation of the Pilgrim Nuclear Power Station (Pilgrim). Pilgrim
is a boiling water nuclear reactor that is owned by Entergy Nuclear and
operated by ENO. The facility is located on the western shore of Cape
Cod in the town of Plymouth on the Entergy Nuclear site in Plymouth
County, Massachusetts.
ENO and Entergy Nuclear Indian Point 2, LLC (ENIP2) are co-holders
of the Facility Operating License No. DPR-5, which authorizes the
possession of the Indian Point Nuclear Generating Unit No. 1 (IP1). IP1
is a pressurized water nuclear reactor that is owned by ENIP2 and
maintained by ENO. IP1 was permanently shut down in 1974 and placed in
a safe storage condition pending decommissioning. The facility is
located in Westchester County, New York.
ENO and ENIP2 are co-holders of the Facility Operating License No.
DPR-26, which authorizes the possession, use, and operation of the
Indian Point Nuclear Generating Unit No. 2 (IP2). ENO and Entergy
Nuclear Indian Point 3, LLC (ENIP3) are co-holders of the Facility
Operating License No. DPR-64, which authorizes the possession, use, and
operation of the Indian Point Nuclear Generating Unit No. 3 (IP3). IP2
and IP3 are both pressurized water nuclear reactors that are owned by
ENIP2 and ENIP3, respectively, and operated by ENO. The facilities are
located in Westchester County, New York.
ENO and Entergy Nuclear FitzPatrick, LLC (EN-FitzPatrick) are co-
holders of the Facility Operating License No. DPR-59, which authorizes
the possession, use, and operation of the James A. FitzPatrick Nuclear
Power Plant (FitzPatrick). FitzPatrick is a boiling water nuclear
reactor that is owned by EN-FitzPatrick and operated by ENO. The
facility is located in Scriba, Oswego County, New York.
ENO and Entergy Nuclear Vermont Yankee, LLC (EN-Vermont Yankee) are
co-holders of the Facility Operating License No. DPR-28, which
authorizes the possession, use, and operation of the Vermont Yankee
Nuclear Power Station (Vermont Yankee). Vermont Yankee is a boiling
water nuclear reactor that is owned by EN-Vermont Yankee and operated
by ENO. The facility is located in the town of Vernon, Windham County,
Vermont.
ENO and Entergy Nuclear Palisades, LLC (EN-Palisades) are co-
holders of the Renewed Facility Operating License No. DPR-20, which
authorizes the possession, use, and operation of the Palisades Nuclear
Plant (Palisades). Palisades is a pressurized water nuclear reactor
that is owned by EN-Palisades and operated by ENO. The facility is
located in Van Buren County, Michigan.
ENO and EN-Palisades are co-holders of the Facility Operating
License No. DPR-06, which authorizes the possession of Big Rock Point.
Big Rock Point is an independent spent fuel storage installation
(ISFSI) that is owned by EN-Palisades and operated by ENO. The facility
is located in Charlevoix County, Michigan.
II
The NRC's Orders dated July 28, 2008, consented to the indirect
transfer of control of the licenses of the above facilities pursuant to
Sec. 50.80 of Title 10 of the Code of Federal Regulations in
connection with a proposed corporate restructuring and establishment of
Enexus Energy Corporation. By its terms, the Orders of July 28, 2008,
would become null and void if the license transfers were not completed
by July 28, 2009, unless upon application and for good cause shown,
such date
[[Page 5358]]
was extended by the Commission. By Order dated July 24, 2009, the NRC
staff determined that good cause had been shown to extend the
effectiveness of the Orders of July 28, 2008, through January 28, 2010.
Similarly, by its terms, the Order of July 24, 2009, becomes null and
void if the license transfers are not completed by January 28, 2010,
unless upon application and for good cause shown, such date is extended
by the Commission.
III
By letter dated November 3, 2009, as supplemented by letter dated
December 10, 2009, ENO, acting on behalf of itself, Entergy Nuclear,
ENIP2, ENIP3, EN-FitzPatrick, EN-Vermont Yankee, and EN-Palisades
(together the Applicants), submitted a request for an extension of the
effectiveness of the Orders of July 28, 2008, such that they would
remain effective through August 1, 2010. According to the submittal,
diligent efforts have been made to obtain the required State and
Federal regulatory approvals, and many of the required approvals have
been obtained. ENO has expressed confidence that it will receive all of
the required approvals for the transaction. However, proceedings are
ongoing before the New York State Public Service Commission (PSC) and
the State of Vermont Public Service Board (PSB) and these two State
agencies may not complete their regulatory approval processes in time
to complete the restructuring and establishment of Enexus Energy
Corporation prior to January 28, 2010, as required by the NRC Orders
consenting to the proposed restructuring and associated indirect
license transfers.
As indicated in ENO's letter dated August 18, 2009, an amended
petition has been submitted to the New York PSC that includes several
enhancements to the transaction. In Vermont, Entergy Nuclear Vermont
Yankee, LLC, ENO, and Enexus have entered into a Memorandum of
Understanding (MOU) with the Vermont Department of Public Service. This
MOU must be approved by the Vermont PSB.
The Applicants are concerned that the transaction may not be
completed by January 28, 2010, as required by the current Orders.
Moreover, beginning in early 2010, there are certain ``blackout
periods'' imposed by Federal regulations in connection with efforts to
finalize the audited 2009 annual financial results for Entergy
Corporation. Once such blackout periods begin, limitations on access to
the financial markets would likely delay completion of the transaction
until the June or July 2010 time frame.
As stated in the licensee's submittal, the conditions under which
the NRC issued the Orders approving the license transfers have not
changed significantly. The technical qualifications of the new
organization and other bases for approving the transfers remain intact
and the various inter-company contractual arrangements and financial
support described in the application and supplemental information
submitted to support the NRC staff's review and issuance of its safety
evaluation (SE), remain valid and fully support the staff's findings.
In support of the claim that the financial qualifications have not
significantly changed, ENO submitted revised proprietary financial
projections for the plant licensees and Enexus for the 5 calendar years
2010-2014 along with responses to staff questions regarding
decommissioning funding assurance. As such, the current conditions
continue to support the staff's findings regarding the technical and
financial qualifications of the affected licensees.
The NRC staff has considered the submittal of November 3, 2009, as
supplemented by letter dated December 10, 2009, and has determined that
good cause to extend the effectiveness of the Orders of July 28, 2008,
has been shown in that the delay in completing the transaction was not
caused by the licensee. The findings set forth above are supported by a
SE dated January 22, 2010.
IV
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, It is hereby ordered that the
effectiveness of the Orders of July 28, 2008, described herein are
extended such that if the proposed corporate restructuring and
establishment of Enexus Energy Corporation is not consummated by August
1, 2010, the Orders of July 28, 2008, and July 24, 2009, shall become
null and void, unless upon application and for good cause shown, such
date is further extended by Order.
This Order is effective upon issuance.
For further details with respect to this Order, see the submittal
dated November 3, 2009 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML093100496), as supplemented by letter
dated December 10, 2009 (ADAMS Accession No. ML093630884), and the SE
dated January 22, 2010 (ADAMS Accession No. ML093620895), which may be
examined, and/or copied for a fee, at the NRC's Public Document Room,
located at One White Flint North, 11555 Rockville Pike (first floor),
Rockville, MD, and accessible electronically through the ADAMS Public
Electronic Reading Room link at the NRC Web site: https://www.nrc.gov.
Dated at Rockville, Maryland, this 22 day of January 2010.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-2139 Filed 2-1-10; 8:45 am]
BILLING CODE 7590-01-P