Entergy Nuclear Operations, Inc., Entergy Operations, Inc., Entergy Nuclear Vermont Yankee, LLC, Entergy Gulf States Louisiana, LLC; Notice of Issuance of Director's Decision, 72008-72009 [2011-29985]
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Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices
certain security requirements in 10 CFR
Part 73.
3.0
Discussion
Pursuant to 10 CFR 73.5, ‘‘Specific
exemptions,’’ the Commission may
grant exemptions from the regulations
in this part as it determines are
authorized by law and will not endanger
life or property or the common defense
and security, and are otherwise in the
public interest.
The NRC evaluated the proposed
exemptions and documented the review
in a Safety Evaluation which contains
security related information and has
been withheld from public disclosure
pursuant to 10 CFR 2.390(d)(1)
On the basis of Commission policy,
NRC security orders, and ongoing staff
activities, the Commission determined
the following requested exemptions to
the current 10 CFR 73.55 are approved:
Target Sets, Insider Mitigation Program,
Waterway Approaches, Owner
Controlled Areas Searches, PA Searches,
Weapons Training, and Personnel
Equipment.
These exemptions meet the high
assurance requirements and the general
performance objectives of 10 CFR 73.55
considering the permanently shut down
and defueled conditions at the ZNPS
where all of the nuclear fuel is located
within the spent fuel pool. With respect
to the proposed exemption requests: (1)
There is reasonable assurance that the
health and safety of the public will not
be endangered by granting said
exemptions; (2) such activities will be
conducted in compliance with the
Commission’s regulations and orders;
and (3) the approval of these
exemptions will not be inimical to the
common defense and security or the
health and safety of the public.
Accordingly, the staff has determined
that, pursuant to 10 CFR 73.5, these
exemptions are authorized by law and
are otherwise in the public interest.
emcdonald on DSK5VPTVN1PROD with NOTICES
4.0
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
73.5, an exemption is authorized by law,
will not endanger life or property or the
common defense and security, and is
otherwise in the public interest based
on permanently shut down and
defueled conditions at the ZNPS.
Therefore, the Commission hereby
grants ZionSolutions an exemption from
the requirements of 10 CFR part 73
delineated in §§ 73.55(b)(4), 73.55(f),
73.55(i)(5)(vi), 73.55(b)(9),
73.55(e)(10)(ii), 73.55(h)(2),
73.55(h)(3)(i), and Appendixes B.III and
B.V.
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16:00 Nov 18, 2011
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Part of this licensing action meets the
categorical exclusion provision in 10
CFR Part 51.22(c)(25), as part of this
action is an exemption from the
requirements of the Commission’s
regulations and (i) There is no
significant hazards consideration; (ii)
there is no significant change in the
types or significant increase in the
amounts of any effluents that may be
released offsite; (iii) there is no
significant increase in individual or
cumulative public or occupational
radiation exposure; (iv) there is no
significant construction impact; (v)
there is no significant increase in the
potential for or consequences from
radiological accidents; and (vi) the
requirements from which an exemption
is sought involve safeguard plans.
Therefore, this part of the action does
not require either an environmental
assessment or an environmental impact
statement.
Pursuant to 10 CFR 51.21, 51.32, and
51.35, an environmental assessment and
finding of no significant impact related
to part of this exemption was published
in the Federal Register on October 21,
2011 (76 FR 65541). Based upon the
environmental assessment, the
Commission has determined that
issuance of this exemption will not have
a significant effect on the quality of the
human environment.
These exemptions are effective
immediately.
Dated at Rockville, Maryland, this 10th day
of November 2011.
For the U.S. Nuclear Regulatory
Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. 2011–29983 Filed 11–18–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–271 and 50–458; NRC–
2009–0572; License Nos. DPR–28 and
NPF–47]
Entergy Nuclear Operations, Inc.,
Entergy Operations, Inc., Entergy
Nuclear Vermont Yankee, LLC, Entergy
Gulf States Louisiana, LLC; Notice of
Issuance of Director’s Decision
Notice is hereby given that the
Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission (NRC or the Commission),
has issued a Director’s Decision on a
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
petition filed by Mr. Sherwood
Martinelli (hereafter referred to as the
Petitioner). Electronic transmissions
sent on December 22, 2009, and
December 28, 2009, amended the
original petition, dated August 22, 2009.
The petition concerns the operation of
the River Bend Station, Unit 1, owned
by Entergy Gulf States Louisiana, LLC,
and operated by Entergy Operations,
Inc., and the operation of the Vermont
Yankee Nuclear Power Station owned
by Entergy Nuclear Vermont Yankee,
LLC, and operated by Entergy Nuclear
Operations, Inc.
The Petitioner requested that the
NRC; (1) suspend the operating license
of any Entergy Nuclear Operations, Inc.,
or Entergy Operations, Inc. (both
corporations hereafter referred to as
Entergy), nuclear power plant with a
projected shortfall in its
decommissioning trust funds; (2) take
action to ensure that the licensee rectify
any shortfalls in the decommissioning
trust funds; and (3) take additional
actions that include imposing daily
fines, suspending all Entergy-related
filings before the Commission, and
ordering the licensee’s compliance with
all NRC regulations.
Based on the original petition dated
August 22, 2009, the Petitioner
expressed his belief that Entergy
deliberately mismanaged its
decommissioning trust funds and
knowingly provided false financial
documentation supporting filings before
the Commission and that the NRC staff
was complicit in these actions. The
Petitioner noted that the biennial
decommissioning funding assurance
reports submitted by Entergy in March
2009 for its fleet of nuclear reactors had
projected shortfalls totaling hundreds of
millions of dollars. The Petitioner
requested a number of actions,
including suspending the operating
licenses of all Entergy facilities with
projected shortfalls until the licensee
restores the decommissioning funds to
the minimum levels required by NRC
regulations.
Based on the December 22, 2009,
request that amended the original
petition, the Petitioner expressed his
belief that, because the NRC’s Petition
Review Board accepted his petition with
respect to Vermont Yankee Nuclear
Power Station and River Bend Station,
the NRC had effectively acknowledged
violations by Entergy and that the NRC
was remiss in not taking immediate
enforcement actions. The Petitioner
asked the NRC to impose daily fines on
Entergy and to release all financial
documentation provided by Entergy that
the agency relied on when determining
E:\FR\FM\21NON1.SGM
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emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices
whether adequate decommissioning
funds would exist.
Based on the December 28, 2009,
request that amended the original
petition, the Petitioner expressed his
belief that allowing Entergy to rely on
SAFSTOR to accumulate
decommissioning funds for Indian Point
Nuclear Generating, Unit No. 2, is
unacceptable. The Petitioner asked the
NRC to impose additional enforcement
on Entergy that would result in either
the withdrawal of its license renewal
applications or the imposition of a $5
billion fine, along with a statement by
Entergy acknowledging that it had
submitted false and inaccurate financial
statements on its decommissioning
funding assurance.
The NRC sent a copy of the proposed
Director’s Decision to the Petitioner and
Entergy for comment on September 8,
2011. The agency received comments
from Entergy and incorporated them
into the final Director’s Decision. The
agency did not receive any comments
from the Petitioner.
The Director of the Office of Nuclear
Reactor Regulation denied the
Petitioner’s request to suspend the
operating licenses of the Entergy
facilities that have projected shortfalls
in their decommissioning trust funds
and denied the Petitioner’s request that
the NRC take certain actions to ensure
that the licensee rectifies any shortfalls
in the decommissioning trust funds and
take other actions to ensure the integrity
of the decommissioning trust funds.
These actions included suspending all
licensing actions for Entergy facilities,
ordering immediate actions by Entergy
to redress the projected shortfalls, and
imposing daily fines until the licensee
has deposited adequate funds to make
the decommissioning funds fully whole.
The Director of the Office of Nuclear
Reactor Regulation granted the
Petitioner’s request that the agency
make available to the Petitioner all data
and information presented by Entergy
and used by the NRC staff to decide
whether facilities operated by Entergy
have adequate decommissioning funds
as required by the regulations. All
information supplied by Entergy and
used by the staff is publicly available in
the Agencywide Documents Access and
Management System (ADAMS). The
Director’s Decision (DD–11–07) under
Title 10 of the Code of Federal
Regulations (10 CFR) 2.206, ‘‘Requests
for Action under This Subpart,’’
explains the reasons for these decisions.
The complete text is available in
ADAMS under Accession No.
ML112870542 for inspection at the
Commission’s Public Document Room
located at One White Flint North, Public
VerDate Mar<15>2010
16:00 Nov 18, 2011
Jkt 226001
File Area 01 F21, 11555 Rockville Pike
(first floor), Rockville, MD, and online
in the NRC library at https://
www.nrc.gov/reading-rm.html.
The NRC will file a copy of the
Director’s Decision with the Secretary of
the Commission for the Commission’s
review in accordance with 10 CFR
2.206. As a provision of this regulation,
the Director’s Decision will constitute
the final action of the Commission 25
days after the date of the decision unless
the Commission, on its own motion,
institutes a review of the Director’s
Decision in that time.
Dated at Rockville, Maryland, this 8th day
of November 2011.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–29985 Filed 11–18–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0267]
Receipt of Request for Action
Notice is hereby given that by petition
dated July 29, 2011, David Lochbaum
(petitioner) has requested that the U.S.
Nuclear Regulatory Commission (NRC
or the Commission) take action to issue
a Demand for Information (DFI) of all
boiling-water reactor nuclear power
reactors with Mark I or Mark II
containment designs.
As the basis for this request, the
petitioner states that, during an accident
scenario, the spent fuel pools have the
potential to impact other plant
equipment. The petitioner has requested
that the DFI compel the subject
licensees to demonstrate that the plant
systems are capable of removing the
combined heat loads from the reactor
building during an accident, including
the heat load from the spent fuel pool.
Additionally, the petitioner requested
that the DFI compel the subject
licensees to demonstrate that, if the
spent fuel pool were to boil, the
equipment that would be exposed to
additional temperature, humidity, and
submergence conditions would be able
to perform its design function.
The request is being treated pursuant
to Title 10 of the Code of Federal
Regulations Section 2.206 of the
Commission’s regulations. The request
has been referred to the Director of the
Office of Nuclear Reactor Regulation
(NRR). As provided by Section 2.206,
appropriate action will be taken on this
petition within a reasonable time. The
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Frm 00078
Fmt 4703
Sfmt 4703
72009
petitioner declined an opportunity to
address the NRR Petition Review Board
(PRB). After meeting internally, the PRB
acknowledged the petitioner’s concern
about the impact of spent fuel pools
during an accident, noting that this
concern is consistent with the NRC’s
mission of protecting public health and
safety. Additionally, the PRB noted that
the effects of the spent fuel pool during
an accident are undergoing NRC review
as part of the lessons-learned from the
Fukushima event. The PRB intends to
use the results of the Fukushima review
to inform its final decision on whether
to implement the requested actions.
A copy of the petition (Agencywide
Documents Access and Management
System Accession No. ML11213A030) is
available for inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available documents
created or received at the NRC are
accessible electronically through the
Agencywide Documents Access and
Management System (ADAMS) in the
NRC Library 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 PDR Reference staff by
telephone at 1–(800) 397–4209 or (301)
415–4737, or by email to PDR.
Resource@nrc.gov.
Dated at Rockville, Maryland, this
November 10, 2011.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–29988 Filed 11–18–11; 8:45 am]
BILLING CODE 7590–01–P
OVERSEAS PRIVATE INVESTMENT
CORPORATION
Sunshine Act Notice—December 8,
2011 Board of Directors Meeting
Time and Date: Thursday,
December 8, 2011, 10 a.m. (Open
Portion), 10:15 a.m. (Closed Portion).
PLACE: Offices of the Corporation,
Twelfth Floor Board Room, 1100 New
York Avenue NW., Washington, DC.
STATUS: Meeting open to the Public from
10 a.m. to 10:15 a.m.; Closed portion
will commence at 10:15 a.m. (approx.).
MATTERS TO BE CONSIDERED:
1. President’s Report.
2. Tribute:
C. William Swank, Samuel E.
Ebbesen, Diane Ingles Moss, Patrick
DATES:
E:\FR\FM\21NON1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 72008-72009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29985]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-271 and 50-458; NRC-2009-0572; License Nos. DPR-28 and
NPF-47]
Entergy Nuclear Operations, Inc., Entergy Operations, Inc.,
Entergy Nuclear Vermont Yankee, LLC, Entergy Gulf States Louisiana,
LLC; Notice of Issuance of Director's Decision
Notice is hereby given that the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission (NRC or the Commission),
has issued a Director's Decision on a petition filed by Mr. Sherwood
Martinelli (hereafter referred to as the Petitioner). Electronic
transmissions sent on December 22, 2009, and December 28, 2009, amended
the original petition, dated August 22, 2009. The petition concerns the
operation of the River Bend Station, Unit 1, owned by Entergy Gulf
States Louisiana, LLC, and operated by Entergy Operations, Inc., and
the operation of the Vermont Yankee Nuclear Power Station owned by
Entergy Nuclear Vermont Yankee, LLC, and operated by Entergy Nuclear
Operations, Inc.
The Petitioner requested that the NRC; (1) suspend the operating
license of any Entergy Nuclear Operations, Inc., or Entergy Operations,
Inc. (both corporations hereafter referred to as Entergy), nuclear
power plant with a projected shortfall in its decommissioning trust
funds; (2) take action to ensure that the licensee rectify any
shortfalls in the decommissioning trust funds; and (3) take additional
actions that include imposing daily fines, suspending all Entergy-
related filings before the Commission, and ordering the licensee's
compliance with all NRC regulations.
Based on the original petition dated August 22, 2009, the
Petitioner expressed his belief that Entergy deliberately mismanaged
its decommissioning trust funds and knowingly provided false financial
documentation supporting filings before the Commission and that the NRC
staff was complicit in these actions. The Petitioner noted that the
biennial decommissioning funding assurance reports submitted by Entergy
in March 2009 for its fleet of nuclear reactors had projected
shortfalls totaling hundreds of millions of dollars. The Petitioner
requested a number of actions, including suspending the operating
licenses of all Entergy facilities with projected shortfalls until the
licensee restores the decommissioning funds to the minimum levels
required by NRC regulations.
Based on the December 22, 2009, request that amended the original
petition, the Petitioner expressed his belief that, because the NRC's
Petition Review Board accepted his petition with respect to Vermont
Yankee Nuclear Power Station and River Bend Station, the NRC had
effectively acknowledged violations by Entergy and that the NRC was
remiss in not taking immediate enforcement actions. The Petitioner
asked the NRC to impose daily fines on Entergy and to release all
financial documentation provided by Entergy that the agency relied on
when determining
[[Page 72009]]
whether adequate decommissioning funds would exist.
Based on the December 28, 2009, request that amended the original
petition, the Petitioner expressed his belief that allowing Entergy to
rely on SAFSTOR to accumulate decommissioning funds for Indian Point
Nuclear Generating, Unit No. 2, is unacceptable. The Petitioner asked
the NRC to impose additional enforcement on Entergy that would result
in either the withdrawal of its license renewal applications or the
imposition of a $5 billion fine, along with a statement by Entergy
acknowledging that it had submitted false and inaccurate financial
statements on its decommissioning funding assurance.
The NRC sent a copy of the proposed Director's Decision to the
Petitioner and Entergy for comment on September 8, 2011. The agency
received comments from Entergy and incorporated them into the final
Director's Decision. The agency did not receive any comments from the
Petitioner.
The Director of the Office of Nuclear Reactor Regulation denied the
Petitioner's request to suspend the operating licenses of the Entergy
facilities that have projected shortfalls in their decommissioning
trust funds and denied the Petitioner's request that the NRC take
certain actions to ensure that the licensee rectifies any shortfalls in
the decommissioning trust funds and take other actions to ensure the
integrity of the decommissioning trust funds. These actions included
suspending all licensing actions for Entergy facilities, ordering
immediate actions by Entergy to redress the projected shortfalls, and
imposing daily fines until the licensee has deposited adequate funds to
make the decommissioning funds fully whole. The Director of the Office
of Nuclear Reactor Regulation granted the Petitioner's request that the
agency make available to the Petitioner all data and information
presented by Entergy and used by the NRC staff to decide whether
facilities operated by Entergy have adequate decommissioning funds as
required by the regulations. All information supplied by Entergy and
used by the staff is publicly available in the Agencywide Documents
Access and Management System (ADAMS). The Director's Decision (DD-11-
07) under Title 10 of the Code of Federal Regulations (10 CFR) 2.206,
``Requests for Action under This Subpart,'' explains the reasons for
these decisions. The complete text is available in ADAMS under
Accession No. ML112870542 for inspection at the Commission's Public
Document Room located at One White Flint North, Public File Area 01
F21, 11555 Rockville Pike (first floor), Rockville, MD, and online in
the NRC library at https://www.nrc.gov/reading-rm.html.
The NRC will file a copy of the Director's Decision with the
Secretary of the Commission for the Commission's review in accordance
with 10 CFR 2.206. As a provision of this regulation, the Director's
Decision will constitute the final action of the Commission 25 days
after the date of the decision unless the Commission, on its own
motion, institutes a review of the Director's Decision in that time.
Dated at Rockville, Maryland, this 8th day of November 2011.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-29985 Filed 11-18-11; 8:45 am]
BILLING CODE 7590-01-P
