Zion Nuclear Power Station, Units 1 and 2; ZionSolutions, LLC; Consideration of Indirect Transfer, 11904-11907 [2013-03859]
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11904
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
for Docket ID NRC–2013–0033. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
Ms.
Sabrina Atack, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–492–3204; email
Sabrina.Atack@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
srobinson on DSK4SPTVN1PROD with NOTICES
A. Accessing Information
Please refer to Docket ID NRC–2013–
0033 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document by
any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0033.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced. The draft
NUREG is available under ADAMS
Accession No. ML13036A029.
• 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.
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16:13 Feb 19, 2013
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B. Submitting Comments
Please include Docket ID NRC–2013–
0033 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
that you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Background
The NRC staff has revised Section
2.3.2 of the NRC Enforcement Policy
(ADAMS Accession No. ML12340A295)
to disposition Severity Level IV
violations for Fuel Cycle Facilities as
non-cited violations if the NRC
determines that the licensee’s CAP is
effective, the licensee enters the
violation in its CAP, and other criteria
in Section 2.3.2 of the Enforcement
Policy are met. The purpose of draft
NUREG–2154 ‘‘Acceptability of
Corrective Action Programs for Fuel
Cycle Facilities,’’ is to provide guidance
to the NRC staff on how to determine,
from a licensee’s CAP licensing
submittal, that a CAP is acceptable.
After the NRC staff determines that the
CAP is acceptable, the CAP licensing
submittal will be incorporated into the
license and implementation of the CAP
will be verified by an NRC inspection
using a CAP inspection procedure. After
the NRC inspection verifies that the
licensee has implemented its CAP in
accordance with the license and the
licensee’s CAP implementing
procedures, then the NRC will consider
the CAP to be effective for the purposes
of Section 2.3.2 of the Enforcement
Policy.
Proposed Action
By this action, the NRC is requesting
public comments on the draft NUREG.
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The draft NUREG provides guidance to
the NRC staff on how to determine
whether a CAP submitted by the
licensee of a fuel cycle facility is
acceptable. The NRC staff will consider
any public comments prior to
developing the final NUREG.
Dated at Rockville, Maryland, this 11th day
of February 2013.
For the Nuclear Regulatory Commission.
Marissa G. Bailey,
Deputy Director, Division of Fuel Cycle Safety
and Safeguards, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2013–03862 Filed 2–19–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–295 and 50–304; NRC–
2013–0034]
Zion Nuclear Power Station, Units 1
and 2; ZionSolutions, LLC;
Consideration of Indirect Transfer
Nuclear Regulatory
Commission.
ACTION: Request for license transfer;
opportunity to comment; opportunity to
request a hearing and petition for leave
to intervene; order.
AGENCY:
Comments must be filed by
March 22, 2013. A request for a hearing
must be filed by March 12, 2013.
ADDRESSES: You may access information
and comment submissions related to
this document, which the NRC
possesses and are publicly available, by
searching on https://www.regulations.gov
under Docket ID NRC–2013–0034. You
may submit comments by any of the
following methods (unless this
document describes a different method
for submitting comments on a specific
subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0034. Address
questions about NRC dockets to Carol
Gallagher 301–492–3668; email
Carol.Gallagher@nrc.gov.
• Mail comments to: Chief, Rules,
Announcements, and Directives Branch
(RADB), Office of Administration, Mail
Stop: TWB–05–B01M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
• Fax comments to: RADB at 301–
492–3446.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
DATES:
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
John
B. Hickman, Project Manager, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3017; or email at:
john.hickman@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0034 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and are
publicly available, by any of the
following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0034.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced. The
application dated January 10, 2013, is
under ADAMS Accession No.
ML13014A007.
• 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.
srobinson on DSK4SPTVN1PROD with NOTICES
B. Submitting Comments
Please include Docket ID NRC–2013–
0034 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
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16:13 Feb 19, 2013
Jkt 229001
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Further Information
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of an Order under section
50.80 of Title 10 of the Code of Federal
Regulations (10 CFR), approving the
indirect transfer of Facility Operating
License Nos. DPR–39 and DPR–48 for
Zion Nuclear Power Station Units 1 and
2 (Zion), including the General License
for the Zion Independent Spent Fuel
Storage Installation (‘‘Zion ISFSI’’),
currently held by ZionSolutions, LLC
(ZS).
III. Introduction
By Order dated May 4, 2009, the NRC
approved the transfer of control of Zion
from Exelon Generation Company, LLC
(‘‘Exelon’’) to ZS, and on September 1,
2010, the NRC issued license
amendments to reflect the transfer of the
Zion licenses from Exelon to ZS on that
date. The decommissioning of Zion is
actively underway, and pursuant to 10
CFR 50.82(a)(2), the operation of the
Zion Units is no longer authorized
under the 10 CFR Part 50 licenses.
ZS, a wholly owned subsidiary of
EnergySolutions LLC (ES), was
established solely for the purpose of
acquiring the Zion Units and causing
the Zion site (except for the Zion ISFSI
where the spent fuel and Greater than
Class C radioactive waste will be stored)
to be decommissioned and released for
unrestricted use, while maintaining the
spent nuclear fuel and Greater than
Class C radioactive waste safely stored
in the ZNPS ISFSI. ES LLC and ES
guaranteed the performance of ZS’s
decommissioning obligations and
obtained a $200 million letter of credit,
payable to a back-up nuclear
decommissioning trust (‘‘Back-Up
NDT’’). In addition, ES LLC has granted
an irrevocable easement to disposal
capacity at its Clive, Utah facility for the
disposal of Class A low level waste from
the Zion site, and this disposal capacity
asset, together with related contractual
rights, are held by the Back-Up NDT.
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According to an application for
approval dated January 10, 2013
(ADAMS Accession No. ML13014A007),
ZS is requesting that the NRC consent
to the indirect transfer of control of
Facility Operating License Nos. DPR–39
and DPR–48 for Zion held by ZS,
including the General License for the
Zion ISFSI, to the extent required. The
indirect transfer of control would result
from a proposed transaction whereby
the ultimate parent holding company of
ZS, ES, would be acquired by Rockwell
Holdco, Inc., a Delaware corporation
that was formed for the purpose of
acquiring ES and is held by certain
investment fund entities organized by
controlled affiliates of Energy Capital
Partners II, LLC.
While the proposed transaction will
result in an indirect transfer of control
of ZS and the Zion Licenses held by ZS,
no changes to the current technical
qualifications, financial assurances, or
operations, of ZS as the NRC’s licensee
for Zion are being proposed in the
application. Further, the closing of the
transaction and the indirect upstream
change of control resulting therefrom
will not result in any change in
personnel responsible for conducting
licensed activities.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the indirect transfer will not affect
the qualifications of the licensee to hold
the license and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
Orders issued by the Commission
pursuant thereto.
Before issuance of the proposed order,
the Commission will have made
findings required by the Atomic Energy
Act of 1954, as amended (The Act), and
the Commission’s regulations.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
III. Opportunity To Request a Hearing;
Petition for Leave To Intervene
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, petitions to intervene,
requirements for standing, and
contentions.’’ Interested persons should
consult 10 CFR 2.309, which is available
at the NRC’s PDR, located at O1–F21,
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srobinson on DSK4SPTVN1PROD with NOTICES
11906
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
One White Flint North, 11555 Rockville
Pike, Rockville, MD 20852 (or call the
PDR at 800–397–4209 or 301–415–
4737). The NRC’s regulations are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/doccollections/cfr/.
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected by the
Commission’s action on the application
and who wishes to participate as a party
in the proceeding must file a written
request for hearing and petition for
leave to intervene via electronic
submission through the NRC’s E-Filing
system. As required by the
Commission’s rules of practice at 10
CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
petitioner in the proceeding and how
that interest may be affected by the
results of the proceeding. The petition
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of the
transfer of control of the license in
response to the application. The petition
must also include a concise statement of
the alleged facts or expert opinions
which support the position of the
petitioner and on which the petitioner
intends to rely at hearing, together with
references to the specific sources and
documents on which the petitioner
intends to rely. Finally, the petition
must provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact, including references to specific
portions of the application for
amendment that the petitioner disputes
and the supporting reasons for each
dispute, or, if the petitioner believes
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that the application for amendment fails
to contain information on a relevant
matter as required by law, the
identification of each failure and the
supporting reasons for the petitioner’s
belief. Each contention must be one
that, if proven, would entitle the
petitioner to relief.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with the NRC
regulations, policies, and procedures.
The Licensing Board will set the time
and place for any pre-hearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Requests for hearing, petitions for
leave to intervene, and motions for leave
to file new or amended contentions that
are filed after the 20-day deadline will
not be entertained absent a
determination by the presiding officer
that the filing demonstrates good cause
by satisfying the following three factors
in 10 CFR 2.309(c)(1): (i) The
information upon which the filing is
based was not previously available; (ii)
the information upon which the filing is
based is materially different from
information previously available; and
(iii) the filing has been submitted in a
timely fashion based on the availability
of the subsequent information.
A State, local governmental body,
Federally-recognized Indian tribe, or
agency thereof may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1) and (2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by March
12, 2013. The petition must be filed in
accordance with the filing instructions
in section III of this document, and
should meet the requirements for
petitions for leave to intervene set forth
in this section, except that under
2.309(h)(2) a State, local governmental
body, or Federally-recognized Indian
tribe does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. A State, local
governmental body, Federallyrecognized Indian tribe, or agency
thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish to become a party to
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the proceeding may, in the discretion of
the presiding officer, be permitted to
make a limited appearance under 10
CFR 2.315(a), by making an oral or
written statement of his or her position
on the issues at any session of the
hearing or at any pre-hearing
conference, within the limits and
conditions fixed by the presiding
officer. However, that person may not
otherwise participate in the proceeding.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139; August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings,
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-
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srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
submittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/e-submittals.html. A filing is
considered complete at the time the
documents are submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC Meta System Help Desk through
the ‘‘Contact Us’’ link located on the
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-
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free call to 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First-class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Attorney for applicant: John E.
Matthews, Morgan, Lewis & Bockius
LLP, 1111 Pennsylvania Avenue NW.,
Washington, DC 20004, 202.739.5524,
jmatthews@morganlewis.com.
Dated at Rockville, Maryland this 11th day
of February 2013.
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11907
For the Nuclear Regulatory Commission.
Andrew Persinko,
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. 2013–03859 Filed 2–19–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0035]
Notice of Forthcoming Workshop To
Discuss Revisions to NUREG/BR–
0204, Rev. 2 ‘‘Instructions for
Completing NRC’s Uniform Low-Level
Waste Manifest’’
Nuclear Regulatory
Commission.
ACTION: Notice of public workshop.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) plans to conduct a
public workshop to discuss possible
revisions to NUREG/BR–0204, Rev. 2
‘‘Instructions for Completing NRC’s
Uniform Low-Level Radioactive Waste
Manifest.’’ Information will be gathered
from subject matter experts and other
interested members of the public
regarding NUREG/BR–0204 and how it
can best be revised. Specifically, the
NRC staff is interested in gaining a
better understanding of the issues
associated with reporting certain
difficult-to-measure (DTM)
radionuclides on shipping waste
manifests as required by Appendix G of
part 20 of Title 10 of the Code of Federal
Regulations (10 CFR). In particular
based on their experience some
involved members of the public would
like the NRC to update NUREG/BR–
0204 to address the manifesting of
Technecium-99 (Tc–99), Carbon-14 (C–
14), Tritium (H–3), and Iodine-129 (I–
129) to minimize over-estimation of
activity. These isotopes are key
contributors to groundwater dose and
can lead to premature closure of lowlevel radioactive waste disposal
facilities if over-estimated. Additionally,
the NRC staff received comments from
involved members of the public
recommending that the NRC staff
consider Chlorine-36 (Cl–36) during this
effort so staff will also address the
reporting of Cl–36 in the update to
NUREG/BR–0204.
DATES: The public workshop will be
held on March 1, 2013, from 8:00 a.m.
to 1:00 p.m. (registration begins at 7:30
a.m.) at the Sheraton Downtown
Phoenix Hotel in Phoenix, Arizona. The
SUMMARY:
E:\FR\FM\20FEN1.SGM
20FEN1
Agencies
[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11904-11907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03859]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304; NRC-2013-0034]
Zion Nuclear Power Station, Units 1 and 2; ZionSolutions, LLC;
Consideration of Indirect Transfer
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for license transfer; opportunity to comment;
opportunity to request a hearing and petition for leave to intervene;
order.
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DATES: Comments must be filed by March 22, 2013. A request for a
hearing must be filed by March 12, 2013.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and are publicly available,
by searching on https://www.regulations.gov under Docket ID NRC-2013-
0034. You may submit comments by any of the following methods (unless
this document describes a different method for submitting comments on a
specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0034. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; email
Carol.Gallagher@nrc.gov.
Mail comments to: Chief, Rules, Announcements, and
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
[[Page 11905]]
FOR FURTHER INFORMATION CONTACT: John B. Hickman, Project Manager,
Office of Federal and State Materials and Environmental Management
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3017; or email at: john.hickman@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0034 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and are publicly available, by any of the following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0034.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The application dated January 10, 2013, is under ADAMS
Accession No. ML13014A007.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2013-0034 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Further Information
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of an Order under section 50.80 of Title 10 of the Code of
Federal Regulations (10 CFR), approving the indirect transfer of
Facility Operating License Nos. DPR-39 and DPR-48 for Zion Nuclear
Power Station Units 1 and 2 (Zion), including the General License for
the Zion Independent Spent Fuel Storage Installation (``Zion ISFSI''),
currently held by ZionSolutions, LLC (ZS).
III. Introduction
By Order dated May 4, 2009, the NRC approved the transfer of
control of Zion from Exelon Generation Company, LLC (``Exelon'') to ZS,
and on September 1, 2010, the NRC issued license amendments to reflect
the transfer of the Zion licenses from Exelon to ZS on that date. The
decommissioning of Zion is actively underway, and pursuant to 10 CFR
50.82(a)(2), the operation of the Zion Units is no longer authorized
under the 10 CFR Part 50 licenses.
ZS, a wholly owned subsidiary of EnergySolutions LLC (ES), was
established solely for the purpose of acquiring the Zion Units and
causing the Zion site (except for the Zion ISFSI where the spent fuel
and Greater than Class C radioactive waste will be stored) to be
decommissioned and released for unrestricted use, while maintaining the
spent nuclear fuel and Greater than Class C radioactive waste safely
stored in the ZNPS ISFSI. ES LLC and ES guaranteed the performance of
ZS's decommissioning obligations and obtained a $200 million letter of
credit, payable to a back-up nuclear decommissioning trust (``Back-Up
NDT''). In addition, ES LLC has granted an irrevocable easement to
disposal capacity at its Clive, Utah facility for the disposal of Class
A low level waste from the Zion site, and this disposal capacity asset,
together with related contractual rights, are held by the Back-Up NDT.
According to an application for approval dated January 10, 2013
(ADAMS Accession No. ML13014A007), ZS is requesting that the NRC
consent to the indirect transfer of control of Facility Operating
License Nos. DPR-39 and DPR-48 for Zion held by ZS, including the
General License for the Zion ISFSI, to the extent required. The
indirect transfer of control would result from a proposed transaction
whereby the ultimate parent holding company of ZS, ES, would be
acquired by Rockwell Holdco, Inc., a Delaware corporation that was
formed for the purpose of acquiring ES and is held by certain
investment fund entities organized by controlled affiliates of Energy
Capital Partners II, LLC.
While the proposed transaction will result in an indirect transfer
of control of ZS and the Zion Licenses held by ZS, no changes to the
current technical qualifications, financial assurances, or operations,
of ZS as the NRC's licensee for Zion are being proposed in the
application. Further, the closing of the transaction and the indirect
upstream change of control resulting therefrom will not result in any
change in personnel responsible for conducting licensed activities.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the indirect
transfer will not affect the qualifications of the licensee to hold the
license and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and Orders issued by the Commission
pursuant thereto.
Before issuance of the proposed order, the Commission will have
made findings required by the Atomic Energy Act of 1954, as amended
(The Act), and the Commission's regulations.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
III. Opportunity To Request a Hearing; Petition for Leave To Intervene
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR 2.309, which is available at the NRC's
PDR, located at O1-F21,
[[Page 11906]]
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or
call the PDR at 800-397-4209 or 301-415-4737). The NRC's regulations
are available online in the NRC Library at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application and who wishes to participate as a party in the
proceeding must file a written request for hearing and petition for
leave to intervene via electronic submission through the NRC's E-Filing
system. As required by the Commission's rules of practice at 10 CFR
2.309, a petition for leave to intervene shall set forth with
particularity the interest of the petitioner in the proceeding and how
that interest may be affected by the results of the proceeding. The
petition must provide the name, address, and telephone number of the
petitioner and specifically explain the reasons why intervention should
be permitted with particular reference to the following factors: (1)
The nature of the petitioner's right under the Act to be made a party
to the proceeding; (2) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (3) the
possible effect of any order that may be entered in the proceeding on
the petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of the
transfer of control of the license in response to the application. The
petition must also include a concise statement of the alleged facts or
expert opinions which support the position of the petitioner and on
which the petitioner intends to rely at hearing, together with
references to the specific sources and documents on which the
petitioner intends to rely. Finally, the petition must provide
sufficient information to show that a genuine dispute exists with the
applicant on a material issue of law or fact, including references to
specific portions of the application for amendment that the petitioner
disputes and the supporting reasons for each dispute, or, if the
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the identification
of each failure and the supporting reasons for the petitioner's belief.
Each contention must be one that, if proven, would entitle the
petitioner to relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with the NRC regulations, policies, and procedures. The
Licensing Board will set the time and place for any pre-hearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Requests for hearing, petitions for leave to intervene, and motions
for leave to file new or amended contentions that are filed after the
20-day deadline will not be entertained absent a determination by the
presiding officer that the filing demonstrates good cause by satisfying
the following three factors in 10 CFR 2.309(c)(1): (i) The information
upon which the filing is based was not previously available; (ii) the
information upon which the filing is based is materially different from
information previously available; and (iii) the filing has been
submitted in a timely fashion based on the availability of the
subsequent information.
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1) and (2). The petition
should state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by March
12, 2013. The petition must be filed in accordance with the filing
instructions in section III of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that under 2.309(h)(2) a State, local governmental
body, or Federally-recognized Indian tribe does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian tribe, or agency thereof may also have the
opportunity to participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish to become a
party to the proceeding may, in the discretion of the presiding
officer, be permitted to make a limited appearance under 10 CFR
2.315(a), by making an oral or written statement of his or her position
on the issues at any session of the hearing or at any pre-hearing
conference, within the limits and conditions fixed by the presiding
officer. However, that person may not otherwise participate in the
proceeding.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings, unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at https://www.nrc.gov/site-help/e-
[[Page 11907]]
submittals.html. Participants may attempt to use other software not
listed on the Web site, but should note that the NRC's E-Filing system
does not support unlisted software, and the NRC Meta System Help Desk
will not be able to offer assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the NRC guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call to 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First-class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Attorney for applicant: John E. Matthews, Morgan, Lewis & Bockius
LLP, 1111 Pennsylvania Avenue NW., Washington, DC 20004, 202.739.5524,
jmatthews@morganlewis.com.
Dated at Rockville, Maryland this 11th day of February 2013.
For the Nuclear Regulatory Commission.
Andrew Persinko,
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. 2013-03859 Filed 2-19-13; 8:45 am]
BILLING CODE 7590-01-P