In the Matter of FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear Generation, LLC, and Ohio Edison Company; Perry Nuclear Power Plant, Unit 1, 25448-25450 [2016-09984]
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25448
Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
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complete and that the Applicant meets
the eligibility requirements described in
the Regulations, this NOFO, and the
grant guidelines. An incomplete
Application or one that does not meet
the eligibility requirements will be
declined without further consideration.
(b) Substantive Review: After an
Applicant is determined eligible and its
Application is determined complete,
NCUA will conduct a substantive
review in accordance with the criteria
and procedures described in the
Regulations, this NOFO, and the grant
guidelines. NCUA reserves the right to
contact the Applicant during its review
for the purpose of clarifying or
confirming information contained in the
Application. If so contacted, the
Applicant must respond within the time
specified by NCUA or NCUA, in its sole
discretion, may decline the application
without further consideration.
(c) Evaluation and Scoring: The
evaluation criteria for each initiative
will be more fully described in the grant
guidelines.
(d) Input from Examiners: NCUA may
not approve an award to a credit union
for which its NCUA regional examining
office or State Supervisory Agency
(SSA), if applicable, indicates it has
safety and soundness concerns. If the
NCUA regional office or SSA identifies
a safety and soundness concern, OSCUI,
in conjunction with the regional office
or SSA, will assess whether the
condition of the Applicant is adequate
to undertake the activities for which
funding is requested, and the
obligations of the loan and its
conditions. NCUA, in its sole discretion,
may defer decision on funding an
Application until the credit union’s
safety and soundness conditions
improve.
(e) Award Selection: In general,
NCUA will make its award selections
based on a consistent scoring system
where each applicant will receive an
individual score. NCUA will consider
the impact of the funding. When grant
demand is high applications may be
ranked based on the aforementioned in
addition to factors listed in the grant
guidelines.
2. Anticipated Announcement and
Federal Award Dates: See part D.3.
F. Federal Award Administration
Information
1. Notice of Award: NCUA will notify
each Applicant of its funding decision.
Notification will generally be by email.
Applicants that are approved for
funding will also receive instructions on
how to proceed with the reimbursement
request for disbursement of funds.
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2. Administration and National Policy
Requirements: The specific terms and
conditions governing a grant will be
established in the grant guidelines for
each initiative.
3. Reimbursement and Reporting:
Each awarded credit union must submit
a reimbursement request in order to
receive the awarded funds. The
reimbursement requirements are
specific to each initiative. In general, the
reimbursement request will require
proof of expenses, documentation, an
explanation of the impact of funding
and any success or failure to meet
objectives for use of proceeds, outcome,
or impact. NCUA, in its sole discretion,
may modify these requirements.
Awardees (credit unions) are required to
submit the reimbursement request
within the expiration date specified in
the approval letter.
G. Agency Contacts
1. Methods of Contact: Further
information can be found at: https://
www.ncua.gov/services/Pages/smallcredit-union-learning-center/services/
grants-loans.aspx. For questions email:
National Credit Union Administration,
Office of Small Credit Union Initiatives
at OSCUIAPPS@ncua.gov.
2. Information Technology Support:
People who have visual or mobility
impairments that prevent them from
using NCUA’s Web site should call
(703) 518–6610 for guidance (this is not
a toll free number).
By the National Credit Union
Administration Board on April 21, 2016.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2016–09913 Filed 4–27–16; 8:45 am]
BILLING CODE 7535–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–440; License No. NPF–58;
NRC–2015–0212]
In the Matter of FirstEnergy Nuclear
Operating Company, FirstEnergy
Nuclear Generation, LLC, and Ohio
Edison Company; Perry Nuclear Power
Plant, Unit 1
Nuclear Regulatory
Commission.
ACTION: Direct transfer of license; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving the direct transfer of the
leased interests in Facility Operating
License NPF–58 for Perry Nuclear
Power Plant, Unit 1, from the current
holder, Ohio Edison Company (OE), to
SUMMARY:
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FirstEnergy Nuclear Generation, LLC
(FENGen). As a result of the transaction,
FENGen will become the sole owner of
the Perry Nuclear Power Plant, Unit 1.
The NRC is also issuing a conforming
amendment to the facility operating
license for administrative purposes to
reflect the proposed license transfer. No
physical changes to the facility or
operational changes were proposed in
the application. The Order is effective
upon issuance.
The Order was issued on April
15, 2016, and is effective for one year.
DATES:
Please refer to Docket ID
NRC–2015–0212 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0212. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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 (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kimberly Green, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1627; email: Kimberly.Green@nrc.gov.
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated at Rockville, Maryland, this 20th of
April 2016.
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Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
For the Nuclear Regulatory Commission.
Kimberly J. Green,
Senior Project Manager, Plant Licensing
Branch III–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Order Approving Direct
Transfer of License and Approving
Conforming Amendment
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of: FirstEnergy Nuclear
Operating Company; FirstEnergy
Nuclear Generation, LLC; Ohio Edison
Company; Perry Nuclear Power Plant,
Unit 1, Docket No. 50–440, License
No. NPF–58.
Order Approving Direct Transfer of
License and Approving Conforming
Amendment
I.
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FirstEnergy Nuclear Operating
Company (FENOC), FirstEnergy Nuclear
Generation, LLC (FENGen), and the
Ohio Edison Company (OE) are the
licensees of Perry Nuclear Power Plant,
Unit 1 (PNPP). FENOC acts as agent for
itself and the other licensees and has
exclusive responsibility for and control
over the physical construction,
operation, and maintenance of PNPP,
Unit 1, as reflected in Facility Operating
License NPF–58. The facility is located
on the shore of Lake Erie in Lake
County, Ohio.
II.
By application dated June 30, 2015
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML15181A366), as
supplemented by letter dated January
18, 2016 (ADAMS Accession No.
ML16018A003), FENOC, acting as agent
for and on behalf of FENGen and OE,
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), 50.80,
‘‘Transfer of licenses,’’ requested that
the U.S. Nuclear Regulatory
Commission (NRC) consent to the direct
transfer of leased interests in Facility
Operating License No. NPF–58 from OE
to FENGen. The application is in
connection with the expiration of OE’s
lease of 12.58-percent interest in PNPP,
which expires at midnight on May 30,
2016, and the related transfer of the
leased interests to FENGen.
Supplemental information was
provided by letter dated January 18,
2016 (hereinafter, the June 30, 2015,
application and the January 18, 2016,
supplemental information will be
referred to collectively as the
‘‘application’’). FENOC also requested
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approval of a conforming license
amendment that would delete
references to OE in the license to reflect
the transfer of the leased interest. No
physical changes to the facilities or
operational changes were proposed in
the application. After completion of the
proposed transfer, FENGen and FENOC
will be the owner and operator,
respectively, of the facility.
Approval of the transfer of the facility
operating license and conforming
license amendment was requested by
the applicant pursuant to 10 CFR 50.80
and 10 CFR 50.90, ‘‘Application for
amendment of license, construction
permit, or early site permit.’’ A notice
entitled, ‘‘Consideration of Approval of
Transfer of License and Conforming
Amendment,’’ was published in the
Federal Register on September 16, 2015
(80 FR 55656), as corrected on
September 29, 2015 (80 FR 58508). No
comments or hearing requests were
received.
Under 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 NRC shall give its
consent in writing. Upon review of the
information in the licensee’s
application, and other information
before the Commission, the NRC staff
has determined that FENGen is
qualified to hold the ownership
interests in the facility previously held
by OE, and FENOC is qualified to hold
the operating authority under the
license, and that the transfer of
ownership interests in the facility to
FENGen, as described in the
application, is otherwise consistent with
applicable provisions of law,
regulations, and orders issued by the
NRC, pursuant thereto, subject to the
condition set forth below. The NRC staff
has further found that the application
for the proposed license amendment
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations set
forth in 10 CFR Chapter I; the facility
will operate in conformity with the
application, the provisions of the Act,
and the rules and regulations of the
Commission; there is reasonable
assurance that the activities authorized
by the proposed license amendment can
be conducted without endangering the
health and safety of the public and that
such activities will be conducted in
compliance with the Commission’s
regulations; the issuance of the
proposed license amendment will not
be inimical to the common defense and
security or to the health and safety of
the public; and the issuance of the
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25449
proposed amendment will be in
accordance with 10 CFR part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied. The findings set forth above
are supported by an NRC safety
evaluation dated April 15, 2016.
III.
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Act; 42
U.S.C. Sections 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, it
is hereby ordered that the application
regarding the proposed direct transfer of
the license is approved, subject to the
following condition:
FirstEnergy Nuclear Operating
Company and FirstEnergy Nuclear
Generation, LLC, shall provide
satisfactory documentary evidence to
the Director of the Office of Nuclear
Reactor Regulation, that as of the date of
license transfer, the licensees reflected
in the amended license have obtained
the appropriate amount of insurance
required by 10 CFR part 140 and 10 CFR
50.54(w).
It is further ordered that, consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as
indicated in Enclosure 3 to the cover
letter forwarding this order, to reflect
the subject direct license transfer is
approved. The amendment shall be
issued and made effective at the time
the proposed direct license transfer
action is completed.
It is further ordered that after receipt
of all required regulatory approvals of
the proposed direct transfer action,
FENOC shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing of such receipt no later than 1
business day prior to the date of the
closing of the direct transfer. Should the
proposed transfer of the license not be
completed within 1 year of this order’s
date of issue, this order shall become
null and void, provided, however, upon
written application and good cause
shown, such date may be extended by
order.
This order is effective upon issuance.
For further details with respect to this
order, see the initial application dated
June 30, 2015, as supplemented by letter
dated January 18, 2016, and the safety
evaluation dated the same date as this
order (ADAMS Accession No.
ML16078A092), which are available for
public inspection at the Commission’s
Public Document Room (PDR), located
at One White Flint North, 11555
Rockville Pike, Room O–1 F21 (first
floor), Rockville, Maryland. Publicly
available documents created or received
at the NRC are accessible electronically
through ADAMS in the NRC Library at
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25450
Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
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, 301–415–4737, or
by email at pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 15th day
of April 2016.
For The Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2016–09984 Filed 4–27–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–313, 50–368, 50–416, 50–
247, 50–286, 50–333, 50–255, 50–293, 50–
458, 50–271, and 50–382; EA–15–100; NRC–
2016–0087]
In the Matter of All Power Reactor
Licensees Owned and Operated by
Entergy Nuclear Operations, Inc.;
Entergy Operations, Inc.; and Entergy
Nuclear Generation Company
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
confirmatory order to Entergy
Operations, Inc. (Entergy) confirming
agreements reached in an Alternative
Dispute Resolution mediation session
held on February 19, 2016. As part of
the agreement, Entergy will complete a
review of the integrity events within the
Entergy Nuclear Fleet over the past 5
years, establish a corporate lead for
oversight of the company’s fire watch
programs, and improve training
programs according to timelines
established in the Confirmatory Order.
Entergy is also required to notify the
NRC periodically of the status of its
efforts.
SUMMARY:
The confirmatory order was
issued on April 6, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0087 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0087. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
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DATES:
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22:09 Apr 27, 2016
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questions about the Order, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
NRC: 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 (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John
Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; 817–200–1121; or by
email to John.Kramer@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated this 18th day of April 2016.
For the Nuclear Regulatory Commission.
Mark L. Dapas,
Regional Administrator.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of All Power Reactor
Licensees Owned and Operated by
Entergy Nuclear Operations, Inc.;
Entergy Operations, Inc. and Entergy
Nuclear Generation Company
[Docket Nos. (as shown in Attachment);
License Nos. (as shown in Attachment)]
EA–15–100
Confirmatory Order Modifying License
I.
Entergy Operations, Inc. (licensee or
Entergy) is the holder of Reactor
Operating License NPF–38 issued by the
U.S. Nuclear Regulatory Commission
(NRC or Commission) pursuant to Title
10 of the Code of Federal Regulations
(10 CFR) part 50 on March 16, 1985. The
license authorizes the operation of the
Waterford Steam Electric Station, Unit 3
(Waterford) in accordance with the
conditions specified therein.
The term Entergy Nuclear Fleet used
in the Confirmatory Order refers to all
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power reactor licensees owned and
operated by Entergy Nuclear Operations,
Inc.; Entergy Operations Inc.; and
Entergy Nuclear Generation Company.
This Confirmatory Order is the result
of a preliminary settlement agreement
reached during an Alternative Dispute
Resolution (ADR) mediation session
conducted on February 19, 2016.
II.
On February 3, 2014, the NRC’s Office
of Investigations (OI), Region IV Field
Office, initiated an investigation to
determine whether fire protection
personnel assigned to Entergy’s
Waterford facility willfully falsified fire
protection surveillance records and
whether there was any managerial
awareness with the failure to identify
and correct. During the investigation, it
became apparent that another manger
failed to provide complete and accurate
information to an access authorization
reviewing official, associated with the
reinstatement of unescorted access for
one of the contract fire watch
individuals. The investigation was
completed on May 19, 2015, and was
documented in OI Report 4–2014–017.
Based on the results of the
investigation, the NRC concluded that
willful violations of Title 10 of the Code
of Federal Regulations (10 CFR) 50.9, 10
CFR 50.48, and 10 CFR 73.56(f)(3)
occurred. Specifically, on multiple
occasions between July 2013 and April
2014, seven contractor individuals
willfully failed to conduct
compensatory hourly fire watches and
willfully falsified the fire watch tour
logs by initialing that fire watches were
performed with knowledge that watches
had not been performed. In addition, an
Entergy supervisor willfully failed to
identify and take corrective actions
when provided with information of
suspected wrongdoing by contract fire
watch individuals. Further, on January
13, 2014, a contractor manager willfully
failed to provide complete and accurate
information in all material respects,
regarding the trustworthiness and
reliability of an individual applying for
unescorted access to Waterford.
In a letter dated December 14, 2015
(ML15350A197), the NRC provided
Entergy the results of the investigation,
informed Entergy that escalated
enforcement action was being
considered for the apparent violations,
and offered Entergy the opportunity to
attend a predecisional enforcement
conference or to participate in ADR in
which a neutral mediator with no
decision-making authority would
facilitate discussions between the NRC
and Entergy. The neutral mediator
would assist the NRC and Entergy in
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]]>Agencies
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25448-25450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09984]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440; License No. NPF-58; NRC-2015-0212]
In the Matter of FirstEnergy Nuclear Operating Company,
FirstEnergy Nuclear Generation, LLC, and Ohio Edison Company; Perry
Nuclear Power Plant, Unit 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct transfer of license; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving the direct transfer of the leased interests in Facility
Operating License NPF-58 for Perry Nuclear Power Plant, Unit 1, from
the current holder, Ohio Edison Company (OE), to FirstEnergy Nuclear
Generation, LLC (FENGen). As a result of the transaction, FENGen will
become the sole owner of the Perry Nuclear Power Plant, Unit 1. The NRC
is also issuing a conforming amendment to the facility operating
license for administrative purposes to reflect the proposed license
transfer. No physical changes to the facility or operational changes
were proposed in the application. The Order is effective upon issuance.
DATES: The Order was issued on April 15, 2016, and is effective for one
year.
ADDRESSES: Please refer to Docket ID NRC-2015-0212 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0212. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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 (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Kimberly Green, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1627; email: Kimberly.Green@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 20th of April 2016.
[[Page 25449]]
For the Nuclear Regulatory Commission.
Kimberly J. Green,
Senior Project Manager, Plant Licensing Branch III-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Direct Transfer of License and Approving
Conforming Amendment
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of: FirstEnergy Nuclear Operating Company; FirstEnergy
Nuclear Generation, LLC; Ohio Edison Company; Perry Nuclear Power
Plant, Unit 1, Docket No. 50-440, License No. NPF-58.
Order Approving Direct Transfer of License and Approving Conforming
Amendment
I.
FirstEnergy Nuclear Operating Company (FENOC), FirstEnergy Nuclear
Generation, LLC (FENGen), and the Ohio Edison Company (OE) are the
licensees of Perry Nuclear Power Plant, Unit 1 (PNPP). FENOC acts as
agent for itself and the other licensees and has exclusive
responsibility for and control over the physical construction,
operation, and maintenance of PNPP, Unit 1, as reflected in Facility
Operating License NPF-58. The facility is located on the shore of Lake
Erie in Lake County, Ohio.
II.
By application dated June 30, 2015 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML15181A366), as supplemented
by letter dated January 18, 2016 (ADAMS Accession No. ML16018A003),
FENOC, acting as agent for and on behalf of FENGen and OE, pursuant to
Title 10 of the Code of Federal Regulations (10 CFR), 50.80, ``Transfer
of licenses,'' requested that the U.S. Nuclear Regulatory Commission
(NRC) consent to the direct transfer of leased interests in Facility
Operating License No. NPF-58 from OE to FENGen. The application is in
connection with the expiration of OE's lease of 12.58-percent interest
in PNPP, which expires at midnight on May 30, 2016, and the related
transfer of the leased interests to FENGen.
Supplemental information was provided by letter dated January 18,
2016 (hereinafter, the June 30, 2015, application and the January 18,
2016, supplemental information will be referred to collectively as the
``application''). FENOC also requested approval of a conforming license
amendment that would delete references to OE in the license to reflect
the transfer of the leased interest. No physical changes to the
facilities or operational changes were proposed in the application.
After completion of the proposed transfer, FENGen and FENOC will be the
owner and operator, respectively, of the facility.
Approval of the transfer of the facility operating license and
conforming license amendment was requested by the applicant pursuant to
10 CFR 50.80 and 10 CFR 50.90, ``Application for amendment of license,
construction permit, or early site permit.'' A notice entitled,
``Consideration of Approval of Transfer of License and Conforming
Amendment,'' was published in the Federal Register on September 16,
2015 (80 FR 55656), as corrected on September 29, 2015 (80 FR 58508).
No comments or hearing requests were received.
Under 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 NRC shall give its consent in writing. Upon review
of the information in the licensee's application, and other information
before the Commission, the NRC staff has determined that FENGen is
qualified to hold the ownership interests in the facility previously
held by OE, and FENOC is qualified to hold the operating authority
under the license, and that the transfer of ownership interests in the
facility to FENGen, as described in the application, is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the NRC, pursuant thereto, subject to the condition set forth
below. The NRC staff has further found that the application for the
proposed license amendment complies with the standards and requirements
of the Atomic Energy Act of 1954, as amended (the Act), and the
Commission's rules and regulations set forth in 10 CFR Chapter I; the
facility will operate in conformity with the application, the
provisions of the Act, and the rules and regulations of the Commission;
there is reasonable assurance that the activities authorized by the
proposed license amendment can be conducted without endangering the
health and safety of the public and that such activities will be
conducted in compliance with the Commission's regulations; the issuance
of the proposed license amendment will not be inimical to the common
defense and security or to the health and safety of the public; and the
issuance of the proposed amendment will be in accordance with 10 CFR
part 51 of the Commission's regulations and all applicable requirements
have been satisfied. The findings set forth above are supported by an
NRC safety evaluation dated April 15, 2016.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Act; 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR
50.80, it is hereby ordered that the application regarding the proposed
direct transfer of the license is approved, subject to the following
condition:
FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear
Generation, LLC, shall provide satisfactory documentary evidence to the
Director of the Office of Nuclear Reactor Regulation, that as of the
date of license transfer, the licensees reflected in the amended
license have obtained the appropriate amount of insurance required by
10 CFR part 140 and 10 CFR 50.54(w).
It is further ordered that, consistent with 10 CFR 2.1315(b), the
license amendment that makes changes, as indicated in Enclosure 3 to
the cover letter forwarding this order, to reflect the subject direct
license transfer is approved. The amendment shall be issued and made
effective at the time the proposed direct license transfer action is
completed.
It is further ordered that after receipt of all required regulatory
approvals of the proposed direct transfer action, FENOC shall inform
the Director of the Office of Nuclear Reactor Regulation in writing of
such receipt no later than 1 business day prior to the date of the
closing of the direct transfer. Should the proposed transfer of the
license not be completed within 1 year of this order's date of issue,
this order shall become null and void, provided, however, upon written
application and good cause shown, such date may be extended by order.
This order is effective upon issuance.
For further details with respect to this order, see the initial
application dated June 30, 2015, as supplemented by letter dated
January 18, 2016, and the safety evaluation dated the same date as this
order (ADAMS Accession No. ML16078A092), which are available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike, Room O-1 F21 (first
floor), Rockville, Maryland. Publicly available documents created or
received at the NRC are accessible electronically through ADAMS in the
NRC Library at
[[Page 25450]]
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, 301-415-4737, or by email at
pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 15th day of April 2016.
For The Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-09984 Filed 4-27-16; 8:45 am]
BILLING CODE 7590-01-P
