In the Matter of Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Order Approving Indirect Transfer of Facility Operating Licenses, 89514-89516 [2016-29716]
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89514
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
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examining facts following an incident,
as discussed previously in this notice.
However, the cost of retaining
operational phase records beyond the
operations phase until the termination
of the license may not have been fully
considered when the records retention
rule was put in place. As such,
compliance with the rule would result
in an undue cost in excess of that
contemplated when the rule was
adopted. Accordingly, special
circumstances are present which the
NRC may consider, pursuant to
§ 50.12(a)(2)(iii), to grant the requested
exemption.
Environmental Considerations
Pursuant to § 51.22(b) and (c)(25), the
granting of an exemption from the
requirements of any regulation in
Chapter I of 10 CFR is a categorical
exclusion provided that (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 are among those identified in
10 CFR 51.22(c)(25)(vi).
The NRC has determined that
approval of the exemption request
involves no significant hazards
consideration because allowing the
licensee exemption from the record
keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
at the decommissioning CR–3 does not
(1) involve a significant increase in the
probability or consequences of an
accident previously evaluated; (2) create
the possibility of a new or different kind
of accident from any accident
previously evaluated; or (3) involve a
significant reduction in a margin of
safety (§ 50.92(c)). Likewise, there is no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite, and no significant increase in
individual or cumulative public or
occupational radiation exposure.
The exempted regulations are not
associated with construction, so there is
no significant construction impact. The
exempted regulations do not concern
the source term (i.e., potential amount
of radiation involved in an accident) or
accident mitigation; therefore, there is
no significant increase in the potential
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18:59 Dec 09, 2016
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for, or consequences from, radiological
accidents. Allowing the licensee partial
exemption from the record retention
requirements for which the exemption
is sought involves record keeping
requirements (§ 51.22(c)(35)(vi)(A)), as
well as reporting requirements
(§ 51.22(c)(35)(vi)(B)).
Therefore, pursuant to § 51.22(b) and
(c)(25), no environmental impact
statement or environmental assessment
need be prepared in connection with the
approval of this exemption request.
IV. Conclusions
The NRC has determined that the
requested partial exemption from the
record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
will not present an undue risk to the
public health and safety. The
destruction of the identified records will
not impact remaining decommissioning
activities; plant operations,
configuration, and/or radiological
effluents; operational and/or installed
SSCs that are quality-related or
important to safety; or nuclear security.
The NRC has determined that the
destruction of the identified records
does not involve information or
activities that could potentially impact
the common defense and security of the
United States.
The purpose for the record keeping
regulations is to assist the NRC in
carrying out its mission to protect the
public health and safety by ensuring
that the licensing and design basis of the
facility is understood, documented,
preserved and retrievable in such a way
that will aid the NRC in determining
compliance and noncompliance, taking
action on possible noncompliance, and
examining facts following an incident.
Since the CR–3 SSCs that were safetyrelated or important to safety during
operations have been or will be removed
from the licensing basis and removed
from the plant, the staff finds that the
records associated with (1) the CR–3
licensing basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) that are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective will no longer be required to
achieve the underlying purpose of the
records retention rule.
Accordingly, the Commission has
determined that, pursuant to § 50.12, the
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exemption is authorized by law, will not
present an undue risk to the public
health and safety, and is consistent with
the common defense and security, and
that special circumstances are present.
Therefore, the Commission hereby
grants Duke Energy Florida a one-time
partial exemption from the record
keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
for the Crystal River Unit 3 Nuclear
Generating Plant to allow removal of
records associated with (1) the CR–3
licensing basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) that are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective.
Records associated with residual
radiological activity and with
programmatic controls necessary to
support decommissioning, such as
security, emergency planning, spent fuel
management and quality assurance are
not affected by the exemption request
and are required to be retained
consistent with regulatory existing
requirement as decommissioning
records until the termination of the CR–
3 license.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 30th day
of November 2016.
For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2016–29712 Filed 12–9–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–387, 50–388, and 72–28;
NRC–2016–0187]
In the Matter of Susquehanna Nuclear,
LLC; Susquehanna Steam Electric
Station, Units 1 and 2; Order
Approving Indirect Transfer of Facility
Operating Licenses
Nuclear Regulatory
Commission.
ACTION: Indirect transfer of licenses;
order.
AGENCY:
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89515
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving an application filed by
Susquehanna Nuclear, LLC
(Susquehanna Nuclear), on behalf of
itself and Riverstone Holdings, LLC
(Riverstone), on June 29, 2016, as
supplemented by letter dated November
14, 2016. The application sought NRC
approval of the indirect transfer of
Susquehanna Nuclear’s interests in
Renewed Facility Operating License
Nos. NPF–14 and NPF–22 for the
Susquehanna Steam Electric Station,
Units 1 and 2 (SSES), respectively, as
well as the general license for the SSES
Independent Spent Fuel Storage
Installation (ISFSI), from the ultimate
parent, Talen Energy Corporation
(Talen), to Riverstone. The NRC’s
approval of the indirect license transfer
is subject to certain conditions, which
are described in the order. The order is
effective upon issuance.
DATES: The order was issued on
November 30, 2016, and is effective for
one year.
ADDRESSES: Please refer to Docket ID
NRC–2016–0187 when contacting the
SUMMARY:
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–2016–0187. 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. For the
convenience of the reader, the ADAMS
accession numbers for documents
related to this action are provided in a
table in the ‘‘Availability of Documents’’
section of 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:
Tanya E. Hood, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1387; email: Tanya.Hood@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Order
The text of the order is attached.
II. Availability of Documents
Documents related to this action,
including the indirect license transfer
application and other supporting
documentation, are available to
interested persons as indicated.
ADAMS
Accession Nos.
Letter from Susquehanna Nuclear, LLC to the U.S. Nuclear Regulatory Commission, ‘‘Susquehanna Steam Electric Station Request for Order Approving Indirect Transfer of Control PLA–7500,’’ dated June 29, 2016.
Letter from Susquehanna Nuclear, LLC to the U.S. Nuclear Regulatory Commission, ‘‘Susquehanna Steam Electric Station
Supplemental Information Relating to Proposed License Transfer PLA–7538,’’ dated November 14, 2016.
Email from Tanya Hood to Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2, Acceptance of
Requested Licensing Action Re: Request for Order Approving Indirect Transfer of Control, dated July 29, 2016.
Letter from the U.S. Nuclear Regulatory Commission to Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station,
Units 1 and 2—Request For Withholding Information from Public Disclosure (CAC Nos. MF8056 and MF8057), dated August
26, 2016.
Letter from the U.S. Nuclear Regulatory Commission to Susquehanna Nuclear, LLC, Re: Susquehanna Steam Electric Station,
Units 1 and 2—Notice of Consideration of Approval of Transfer of Licenses and Opportunity for a Hearing, and Petition for
Leave to Intervene; Order (CAC Nos. MF8056 and MF8057), dated September 16, 2016.
Federal Register notice dated September 28, 2016; Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1
and 2; Consideration of Indirect License Transfer published on October 4, 2016 (81 FR 68462).
Email from Sabatini Monatesti to the U.S. Nuclear Regulatory Commission, dated October 11, 2016 ...........................................
U.S. Nuclear Regulatory Commission Staff Response to Request for Access to Sensitive Unclassified Non-Safeguards Information Related to the Application for Indirect Transfer of the Susquehanna Steam Electric Station, dated October 20, 2016.
Establishment of Atomic Safety and Licensing Board, dated October 26, 2016 ..............................................................................
NON-PROPRIETARY—Safety Evaluation by the Office of Nuclear Reactor Regulation Related to Indirect Transfer of Renewed
Facility Operating Licenses from Talen Energy Corporation to Riverstone Holdings, LLC, Re: Susquehanna Steam Electric
Station, Units 1 and 2, dated November 30, 2016.
U.S. Nuclear Regulatory Commission Letter with Order Approving Indirect Transfer of Licenses Related to Susquehanna
Steam Electric Station, Units 1 and 2 (CAC Nos. MF8056 and MF8057), dated November 30, 2016.
mstockstill on DSK3G9T082PROD with NOTICES
Document
ML16181A414
(package)
ML16320A436
Dated at Rockville, Maryland, this 6th day
of December, 2016.
For the Nuclear Regulatory Commission.
Tanya E. Hood,
Project Manager, Plant Licensing Branch
I–2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
Attachment—Order Approving Indirect
Transfer of Facility Operating Licenses
In the Matter of Susquehanna Nuclear,
LLC; Susquehanna Steam Electric Station,
Units 1 and 2; Order Approving Indirect
VerDate Sep<11>2014
18:59 Dec 09, 2016
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Transfer of Facility Operating Licenses
[Docket Nos. 50–387, 50–388, and 72–28;
NRC–2016–0187] (Effective Upon Issuance).
I.
Susquehanna Nuclear, LLC (Susquehanna
Nuclear, or the applicant) and Allegheny
Electric Cooperative, Inc. (Allegheny), are the
holders of Renewed Facility Operating
License Nos. NPF–14 and NPF–22, and the
general license for the Independent Spent
Fuel Storage Installation (ISFSI), which
authorize the possession, use, and operation
of the Susquehanna Steam Electric Station
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ML16211A356
ML16215A008
ML16239A424
ML16243A388
ML16312A431
ML16294A385
ML16300A413
ML16320A080
ML16320A078
(SSES or the facility), Units 1 and 2,
including the SSES ISFSI. The facility and its
ISFSI are located in Luzerne County,
Pennsylvania.
II.
By letter dated June 29, 2016, as
supplemented by letter dated November 14,
2016, Susquehanna Nuclear, on behalf of
itself and Riverstone Holdings, LLC
(Riverstone), submitted an application to the
U.S. Nuclear Regulatory Commission (NRC or
the Commission), pursuant to Title 10 of the
Code of Federal Regulations (10 CFR) Section
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89516
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
50.80 (10 CFR 50.80), requesting approval of
the indirect transfer of control of
Susquehanna Nuclear’s interests in Renewed
Facility Operating License Nos. NPF–14 and
NPF–22, as well as the general license for the
SSES ISFSI. Future reference to SSES, Units
1 and 2 include the general license for the
SSES ISFSI. Susquehanna Nuclear is licensed
as the sole operator and has a 90 percent
undivided ownership interest in SSES, Units
1 and 2. The proposed indirect transfer of
licenses does not involve Allegheny, the
other (10 percent) owner of the units and a
nonoperating licensee for SSES, Units 1 and
2.
The indirect transfer of control results from
the ultimate parent of Susquehanna Nuclear’s
interests in the licenses, Talen Energy
Corporation (Talen), becoming wholly owned
by the portfolio companies of Riverstone,
which currently holds 35 percent in the
aggregate of the outstanding common stock of
Talen. As a result, all of the common stock
of Talen will become privately held by
affiliates of Riverstone, and Susquehanna
Nuclear will become indirectly controlled by
the portfolio companies of Riverstone.
The proposed indirect transfer of control
will result in no change to the role of
Susquehanna Nuclear as the licensed
operator of the units, no change to its
technical qualifications, and no change to its
ownership interest or that of Allegheny. No
changes will be made to the units or their
licensing bases as a result of the transfer, and
the transfer will not involve any changes to
the principal officers, managers, or staff of
Susquehanna Nuclear or to the day-to-day
management and operations of the units.
Approval of the indirect transfer of the
renewed facility operating licenses was
requested by the applicant. A notice of the
request for approval, the opportunity to
comment, and the opportunity to request a
hearing was published in the Federal
Register on October 4, 2016 (81 FR 68462).
One public comment was received regarding
the proposed license transfers. The NRC staff
addressed the comment in the Safety
Evaluation dated November 30, 2016,
supporting this Order. A request for access to
sensitive unclassified non-safeguards
information (SUNSI) made pursuant to the
Order Imposing Procedures for Access to
SUNSI for Contention Preparation, included
with the Federal Register notice, was
received on October 11, 2016, from Mr.
Sabatini Monatesti of Berwick, Pennsylvania.
On October 20, 2016, the NRC staff denied
this access request. On October 24, 2016, Mr.
Monatesti appealed the NRC staff’s denial of
his access request. On November 21, 2016, an
Atomic Safety and Licensing Board affirmed
the NRC staff’s denial.
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. Upon review
of the information in the licensee’s
application, and other information before the
Commission, and relying upon the
representations and agreements contained in
the application, the NRC staff has determined
that the portfolio companies of Riverstone are
qualified to hold the ownership interests in
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18:59 Dec 09, 2016
Jkt 241001
the facility previously held by Talen. The
NRC staff has also determined that
Susquehanna Nuclear remains qualified to
hold the operating authority under the
licenses, and that the indirect transfer of
ownership interests in the facility to
Riverstone, as described in the application, is
otherwise consistent with the applicable
provisions of law, regulations, and orders
issued by the Commission, pursuant thereto.
The findings set forth above are supported by
the NRC Safety Evaluation dated November
30, 2016.
III.
Accordingly, pursuant to Sections 161b,
161i, and 184 of the Atomic Energy Act of
1954, as amended (the Act); 42 U.S.C.
2201(b), 2201(i), and 2234; and 10 CFR 50.80,
it is hereby ordered that the application
regarding the proposed indirect license
transfers to the portfolio companies of
Riverstone is approved, subject to the
following conditions:
1. Susquehanna Nuclear, LLC shall not
take any action that would cause Riverstone
or any other direct or indirect parent of
Susquehanna Nuclear, LLC or other entity, to
void, cancel, or diminish the commitment to
fund an extended plant shutdown, as
represented in the application for approval of
the indirect transfer of the licenses for SSES,
Units 1 and 2, as applicable.
2. The transaction will not alter the
Support Agreement and the Support
Agreement will remain in effect in
accordance with license conditions in
Appendix C of the SSES licenses.
It is further ordered that Susquehanna
Nuclear shall inform the Director of the
Office of Nuclear Reactor Regulation in
writing of the date of closing of the transfer,
no later than 2 business days prior to the date
of the closing of the indirect transfer. Should
the indirect transfer of the licenses 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 for good cause shown, such
date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application dated June 29,
2016 (Agencywide Documents Access and
Management System (ADAMS) Package
Accession No. ML16181A414), as
supplemented by letter dated November 14,
2016 (ADAMS Accession No.
ML16320A436), and the non-proprietary
Safety Evaluation dated November 30, 2016,
(ADAMS Accession No. ML16320A080),
which are available for public 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 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, 301–415–
4737, or by email at pdr.resource@nrc.gov.
PO 00000
Frm 00092
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Dated at Rockville, Maryland, this 30th day
of November 2016.
For the Nuclear Regulatory Commission.
Eric J. Benner,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2016–29716 Filed 12–9–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 052–00025 and 052–00026;
NRC–2008–0252]
Vogtle Electric Generating Plant, Units
3 and 4
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment and
exemption to Combined Licenses (NPF–
91 and NPF–92), issued to Southern
Nuclear Operating Company, Inc. (SNC),
and Georgia Power Company,
Oglethorpe Power Corporation, MEAG
Power SPVM, LLC, MEAG Power SPVJ,
LLC, MEAG Power SPVP, LLC,
Authority of Georgia, and the City of
Dalton, Georgia (together ‘‘the
licensees’’), for construction and
operation of the Vogtle Electric
Generating Plant (VEGP), Units 3 and 4,
located in Burke County, Georgia.
DATES: Submit comments by January 11,
2017. Requests for a hearing or petition
for leave to intervene must be filed by
February 10, 2017.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252. 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.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12–H08, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
SUMMARY:
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89514-89516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29716]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387, 50-388, and 72-28; NRC-2016-0187]
In the Matter of Susquehanna Nuclear, LLC; Susquehanna Steam
Electric Station, Units 1 and 2; Order Approving Indirect Transfer of
Facility Operating Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Indirect transfer of licenses; order.
-----------------------------------------------------------------------
[[Page 89515]]
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving an application filed by Susquehanna Nuclear, LLC
(Susquehanna Nuclear), on behalf of itself and Riverstone Holdings, LLC
(Riverstone), on June 29, 2016, as supplemented by letter dated
November 14, 2016. The application sought NRC approval of the indirect
transfer of Susquehanna Nuclear's interests in Renewed Facility
Operating License Nos. NPF-14 and NPF-22 for the Susquehanna Steam
Electric Station, Units 1 and 2 (SSES), respectively, as well as the
general license for the SSES Independent Spent Fuel Storage
Installation (ISFSI), from the ultimate parent, Talen Energy
Corporation (Talen), to Riverstone. The NRC's approval of the indirect
license transfer is subject to certain conditions, which are described
in the order. The order is effective upon issuance.
DATES: The order was issued on November 30, 2016, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2016-0187 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-2016-0187. 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. For
the convenience of the reader, the ADAMS accession numbers for
documents related to this action are provided in a table in the
``Availability of Documents'' section of 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: Tanya E. Hood, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1387; email: Tanya.Hood@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Order
The text of the order is attached.
II. Availability of Documents
Documents related to this action, including the indirect license
transfer application and other supporting documentation, are available
to interested persons as indicated.
------------------------------------------------------------------------
Document ADAMS Accession Nos.
------------------------------------------------------------------------
Letter from Susquehanna Nuclear, LLC to the ML16181A414 (package)
U.S. Nuclear Regulatory Commission,
``Susquehanna Steam Electric Station Request
for Order Approving Indirect Transfer of
Control PLA-7500,'' dated June 29, 2016.
Letter from Susquehanna Nuclear, LLC to the ML16320A436
U.S. Nuclear Regulatory Commission,
``Susquehanna Steam Electric Station
Supplemental Information Relating to Proposed
License Transfer PLA-7538,'' dated November
14, 2016.
Email from Tanya Hood to Susquehanna Nuclear, ML16211A356
LLC; Susquehanna Steam Electric Station, Units
1 and 2, Acceptance of Requested Licensing
Action Re: Request for Order Approving
Indirect Transfer of Control, dated July 29,
2016.
Letter from the U.S. Nuclear Regulatory ML16215A008
Commission to Susquehanna Nuclear, LLC;
Susquehanna Steam Electric Station, Units 1
and 2--Request For Withholding Information
from Public Disclosure (CAC Nos. MF8056 and
MF8057), dated August 26, 2016.
Letter from the U.S. Nuclear Regulatory ML16239A424
Commission to Susquehanna Nuclear, LLC, Re:
Susquehanna Steam Electric Station, Units 1
and 2--Notice of Consideration of Approval of
Transfer of Licenses and Opportunity for a
Hearing, and Petition for Leave to Intervene;
Order (CAC Nos. MF8056 and MF8057), dated
September 16, 2016.
Federal Register notice dated September 28, ML16243A388
2016; Susquehanna Nuclear, LLC; Susquehanna
Steam Electric Station, Units 1 and 2;
Consideration of Indirect License Transfer
published on October 4, 2016 (81 FR 68462).
Email from Sabatini Monatesti to the U.S. ML16312A431
Nuclear Regulatory Commission, dated October
11, 2016.
U.S. Nuclear Regulatory Commission Staff ML16294A385
Response to Request for Access to Sensitive
Unclassified Non-Safeguards Information
Related to the Application for Indirect
Transfer of the Susquehanna Steam Electric
Station, dated October 20, 2016.
Establishment of Atomic Safety and Licensing ML16300A413
Board, dated October 26, 2016.
NON-PROPRIETARY--Safety Evaluation by the ML16320A080
Office of Nuclear Reactor Regulation Related
to Indirect Transfer of Renewed Facility
Operating Licenses from Talen Energy
Corporation to Riverstone Holdings, LLC, Re:
Susquehanna Steam Electric Station, Units 1
and 2, dated November 30, 2016.
U.S. Nuclear Regulatory Commission Letter with ML16320A078
Order Approving Indirect Transfer of Licenses
Related to Susquehanna Steam Electric Station,
Units 1 and 2 (CAC Nos. MF8056 and MF8057),
dated November 30, 2016.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 6th day of December, 2016.
For the Nuclear Regulatory Commission.
Tanya E. Hood,
Project Manager, Plant Licensing Branch I-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Indirect Transfer of Facility Operating
Licenses
In the Matter of Susquehanna Nuclear, LLC; Susquehanna Steam
Electric Station, Units 1 and 2; Order Approving Indirect Transfer
of Facility Operating Licenses [Docket Nos. 50-387, 50-388, and 72-
28; NRC-2016-0187] (Effective Upon Issuance).
I.
Susquehanna Nuclear, LLC (Susquehanna Nuclear, or the applicant)
and Allegheny Electric Cooperative, Inc. (Allegheny), are the
holders of Renewed Facility Operating License Nos. NPF-14 and NPF-
22, and the general license for the Independent Spent Fuel Storage
Installation (ISFSI), which authorize the possession, use, and
operation of the Susquehanna Steam Electric Station (SSES or the
facility), Units 1 and 2, including the SSES ISFSI. The facility and
its ISFSI are located in Luzerne County, Pennsylvania.
II.
By letter dated June 29, 2016, as supplemented by letter dated
November 14, 2016, Susquehanna Nuclear, on behalf of itself and
Riverstone Holdings, LLC (Riverstone), submitted an application to
the U.S. Nuclear Regulatory Commission (NRC or the Commission),
pursuant to Title 10 of the Code of Federal Regulations (10 CFR)
Section
[[Page 89516]]
50.80 (10 CFR 50.80), requesting approval of the indirect transfer
of control of Susquehanna Nuclear's interests in Renewed Facility
Operating License Nos. NPF-14 and NPF-22, as well as the general
license for the SSES ISFSI. Future reference to SSES, Units 1 and 2
include the general license for the SSES ISFSI. Susquehanna Nuclear
is licensed as the sole operator and has a 90 percent undivided
ownership interest in SSES, Units 1 and 2. The proposed indirect
transfer of licenses does not involve Allegheny, the other (10
percent) owner of the units and a nonoperating licensee for SSES,
Units 1 and 2.
The indirect transfer of control results from the ultimate
parent of Susquehanna Nuclear's interests in the licenses, Talen
Energy Corporation (Talen), becoming wholly owned by the portfolio
companies of Riverstone, which currently holds 35 percent in the
aggregate of the outstanding common stock of Talen. As a result, all
of the common stock of Talen will become privately held by
affiliates of Riverstone, and Susquehanna Nuclear will become
indirectly controlled by the portfolio companies of Riverstone.
The proposed indirect transfer of control will result in no
change to the role of Susquehanna Nuclear as the licensed operator
of the units, no change to its technical qualifications, and no
change to its ownership interest or that of Allegheny. No changes
will be made to the units or their licensing bases as a result of
the transfer, and the transfer will not involve any changes to the
principal officers, managers, or staff of Susquehanna Nuclear or to
the day-to-day management and operations of the units.
Approval of the indirect transfer of the renewed facility
operating licenses was requested by the applicant. A notice of the
request for approval, the opportunity to comment, and the
opportunity to request a hearing was published in the Federal
Register on October 4, 2016 (81 FR 68462). One public comment was
received regarding the proposed license transfers. The NRC staff
addressed the comment in the Safety Evaluation dated November 30,
2016, supporting this Order. A request for access to sensitive
unclassified non-safeguards information (SUNSI) made pursuant to the
Order Imposing Procedures for Access to SUNSI for Contention
Preparation, included with the Federal Register notice, was received
on October 11, 2016, from Mr. Sabatini Monatesti of Berwick,
Pennsylvania. On October 20, 2016, the NRC staff denied this access
request. On October 24, 2016, Mr. Monatesti appealed the NRC staff's
denial of his access request. On November 21, 2016, an Atomic Safety
and Licensing Board affirmed the NRC staff's denial.
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. Upon review of the information in the licensee's
application, and other information before the Commission, and
relying upon the representations and agreements contained in the
application, the NRC staff has determined that the portfolio
companies of Riverstone are qualified to hold the ownership
interests in the facility previously held by Talen. The NRC staff
has also determined that Susquehanna Nuclear remains qualified to
hold the operating authority under the licenses, and that the
indirect transfer of ownership interests in the facility to
Riverstone, as described in the application, is otherwise consistent
with the applicable provisions of law, regulations, and orders
issued by the Commission, pursuant thereto. The findings set forth
above are supported by the NRC Safety Evaluation dated November 30,
2016.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the
Atomic Energy Act of 1954, as amended (the Act); 42 U.S.C. 2201(b),
2201(i), and 2234; and 10 CFR 50.80, it is hereby ordered that the
application regarding the proposed indirect license transfers to the
portfolio companies of Riverstone is approved, subject to the
following conditions:
1. Susquehanna Nuclear, LLC shall not take any action that would
cause Riverstone or any other direct or indirect parent of
Susquehanna Nuclear, LLC or other entity, to void, cancel, or
diminish the commitment to fund an extended plant shutdown, as
represented in the application for approval of the indirect transfer
of the licenses for SSES, Units 1 and 2, as applicable.
2. The transaction will not alter the Support Agreement and the
Support Agreement will remain in effect in accordance with license
conditions in Appendix C of the SSES licenses.
It is further ordered that Susquehanna Nuclear shall inform the
Director of the Office of Nuclear Reactor Regulation in writing of
the date of closing of the transfer, no later than 2 business days
prior to the date of the closing of the indirect transfer. Should
the indirect transfer of the licenses 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 for good cause
shown, such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the
application dated June 29, 2016 (Agencywide Documents Access and
Management System (ADAMS) Package Accession No. ML16181A414), as
supplemented by letter dated November 14, 2016 (ADAMS Accession No.
ML16320A436), and the non-proprietary Safety Evaluation dated
November 30, 2016, (ADAMS Accession No. ML16320A080), which are
available for public 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 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, 301-415-4737, or by email at
pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 30th day of November 2016.
For the Nuclear Regulatory Commission.
Eric J. Benner,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2016-29716 Filed 12-9-16; 8:45 am]
BILLING CODE 7590-01-P
