In the Matter of Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No. 3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear Power Plant, 9077-9079 [2017-02214]

Download as PDF Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices ‘‘Volkswagen’’). The Decree partially resolves the governments’ claims for injunctive relief under the Clean Air Act and various California claims (including under the California Health and Safety Code) with respect to the 3.0 Liter Subject Vehicles. The Decree provides remedies for the cars on the road and the environmental harm from the violations. Notice of the lodging of the proposed Decree was originally published in the Federal Register on December 29, 2016. See 81 FR 96046 (Dec. 29, 2016). The publication of the original notice opened a thirty (30) day period for public comment on the Decree. The publication of the present notice extends the period for public comment on the Decree to February 14, 2017. Comments concerning the Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division and should refer to In re: Volkswagen ‘‘Clean Diesel’’ Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90–5–2–1–11386. All comments must be submitted no later than February 14, 2017. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ..... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611 mstockstill on DSK3G9T082PROD with NOTICES By mail ........ The Decree may be viewed and downloaded from http:// www.cand.uscourts.gov/crb/vwmdl. During the public comment period, the Decree may also be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/ consent-decrees. We will provide a paper copy of the Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. For the entire Decree and its appendices, please enclose a check or money order for $40.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a copy of certain portions of the Decree, please designate which portions are requested, and provide the appropriate amount of money. For the Decree without the exhibits and signature pages, the cost is $13.25 (with signature pages, $16.50). For Appendix A, the cost is $8.50. For VerDate Sep<11>2014 16:31 Feb 01, 2017 Jkt 241001 9077 Appendix B, the cost is $15.25. For the Mitigation Appendix, the cost is $.25. NEIGHBORHOOD REINVESTMENT CORPORATION Karen S. Dworkin, Deputy Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. Regular Board of Directors Meeting; Sunshine Act [FR Doc. 2017–02161 Filed 2–1–17; 8:45 am] BILLING CODE 4410–15–P NATIONAL SCIENCE FOUNDATION Sunshine Act Meeting; National Science Board The National Science Board’s Committee on National Science and Engineering Policy (SEP), pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows: Tuesday, February 7, 2017 at 4:30 p.m. EST. DATE AND TIME: SUBJECT MATTER: Discussion of the charge for the new Committee on National Science and Engineering Policy. STATUS: Open. This meeting will be held by teleconference at the National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230. A public listening line will be available. Members of the public must contact the Board Office and send an email message to nationalsciencebrd@nsf.gov at least 24 hours prior to the teleconference for the public listening number. LOCATION: Please refer to the National Science Board Web site www.nsf.gov/nsb for additional information. Meeting information and updates (time, place, subject matter or status of meeting) may be found at http://www.nsf.gov/nsb/notices/. Point of contact for this meeting is: Matt Wilson (mbwilson@nsf.gov), 4201 Wilson Blvd., Arlington, VA 22230. UPDATES AND POINT OF CONTACT: Chris Blair, Executive Assistant to the National Science Board Office. [FR Doc. 2017–02359 Filed 1–31–17; 4:15 pm] BILLING CODE 7555–01–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 10:00 a.m., Tuesday, February 7, 2017. PLACE: NeighborWorks America— Gramlich Boardroom, 999 North Capitol Street NE., Washington, DC 20002. STATUS: Open (with the exception of Executive Sessions). CONTACT PERSON: Jeffrey Bryson, EVP & General Counsel/Secretary, (202) 760– 4101; jbryson@nw.org. AGENDA: I. Call to Order II. Approval of Minutes III. Executive Session: External Audit Update IV. Executive Session: Audit Committee Report V. Executive Session: Report From CEO VI. DC Office Lease Extension VII. FY17 Budget Update VIII. Management Program Background and Updates IX. Adjournment The General Counsel of the Corporation has certified that in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552(b)(2) and (4) permit closure of the following portion(s) of this meeting: • External Audit Update • Audit Committee Report • Report from CEO TIME AND DATE: Jeffrey T. Bryson, EVP & General Counsel/Corporate Secretary. [FR Doc. 2017–02270 Filed 1–31–17; 11:15 am] BILLING CODE 7570–02–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–286 and 50–333; License Nos. DPR–64 and DPR–59; NRC–2017–0015] In the Matter of Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No. 3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear Power Plant Nuclear Regulatory Commission. ACTION: Order; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the transfer of the Master Decommissioning Trust for Indian Point Nuclear Generating Unit No. 3 and James A FitzPatrick Nuclear Power SUMMARY: E:\FR\FM\02FEN1.SGM 02FEN1 9078 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices Plant from the Power Authority of the State of New York to Entergy Nuclear Operations, Inc., amendments to the Master Decommissioning Trust Agreement dated July 25, 1990, as amended, governing the Master Trust to facilitate the transfer, and license amendments to the operating licenses of Indian Point and FitzPatrick to modify the existing trust-related license conditions to reflect the proposed transfer of the Master Trust and to delete other license conditions in order to apply the requirements of 10 CFR 50.75(h)(1). For the Nuclear Regulatory Commission. Diane L. Render, Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. The Order was issued on January 27, 2017. ADDRESSES: Please refer to Docket ID NRC–2017–0015 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 http://www.regulations.gov and search for Docket ID NRC–2017–0015. 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 http://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: Dr. Diane Render, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–3629; email: Diane.Render@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. [Docket Nos. 50–286 and 50–333; License Nos. DPR–64 and DPR–59; NRC–2017–0015] In the Matter of Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No. 3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear Power Plant mstockstill on DSK3G9T082PROD with NOTICES DATES: Dated at Rockville, Maryland, this 27th day of January 2017. VerDate Sep<11>2014 16:31 Feb 01, 2017 Jkt 241001 Attachment—ORDER APPROVING TRANSFER OF CONTROL OF MASTER DECOMMISSIONING TRUST, AMENDMENTS TO MASTER DECOMMISSIONING TRUST AGREEMENT, AND LICENSE AMENDMENTS TO MODIFY AND DELETE DECOMMISSIONING TRUST LICENSE CONDITIONS UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ORDER APPROVING TRANSFER OF CONTROL OF MASTER DECOMMISSIONING TRUST, AMENDMENTS TO MASTER DECOMMISSIONING TRUST AGREEMENT, AND LICENSE AMENDMENTS TO MODIFY AND DELETE DECOMMISSIONING TRUST LICENSE CONDITIONS I Entergy Nuclear Indian Point 3, LLC (ENIP3) and Entergy Nuclear Operations, Inc. (ENO) are the owner and operator, respectively, of Facility Operating License No. DPR–64 for Indian Point Nuclear Generating Unit No. 3 (Indian Point Unit 3 or IP3). IP3 is a Westinghouse pressurizedwater reactor located in Westchester County, New York. Entergy Nuclear FitzPatrick, LLC (ENF) and ENO are the owner and operator, respectively, of Renewed Facility Operating License No. DPR–59 for the James A. FitzPatrick Nuclear Power Plant (FitzPatrick). FitzPatrick is a General Electric boiling-water reactor located in Oswego County, New York. II By the application dated August 16, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16230A308), ENO requested, on behalf of itself, ENIP3, ENF, and the Power Authority of the State of New York (PASNY, which now does business as the New York Power Authority), pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.90, ‘‘Application for amendment of license, construction permit, or early site permit,’’ that the U.S. Nuclear Regulatory Commission (NRC or the Commission) issue an Order consenting to (1) the transfer to ENO of the beneficial interest in the Master Decommissioning Trust (Master Trust), including all rights and obligations thereunder, held by PASNY for IP3 and FitzPatrick; (2) amendments to the Master Decommissioning Trust Agreement dated July 25, 1990 (ADAMS Accession No. ML100500726), as amended (Master Trust Agreement), governing the Master Trust in order to facilitate the transfer of control of the Master Trust; (3) amendments to the PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 operating licenses for IP3 and FitzPatrick in order to modify the existing trust-related license conditions to reflect the proposed transfer of control of the Master Trust; and (4) amendments to delete certain existing trust-related license conditions in order to apply to IP3 and FitzPatrick the generic requirements of 10 CFR 50.75(h). The NRC’s approval of this application is a precondition to completing the pending application submitted jointly by Exelon Generation Company, LLC (Exelon) and ENO, dated August 18, 2016 (ADAMS Accession No. ML16235A081), requesting that the NRC issue an Order and conforming amendment consenting to the direct license transfer of Renewed Facility Operating License No. DPR–59 for FitzPatrick from ENO to Exelon. By Orders dated November 9, 2000 (ADAMS Accession Nos. ML003767953 and ML003768011), the NRC consented to the direct license transfers of IP3 and FitzPatrick from PASNY to their current owners and operator. As described in these Orders, however, PASNY remained the custodial holder of the decommissioning trust funds for IP3 and FitzPatrick in the Master Trust, which includes the Indian Point Unit 3 Decommissioning Trust Fund (IP3 Fund) and the FitzPatrick Decommissioning Trust Fund (FitzPatrick Fund). The Decommissioning Agreement for IP3 dated November 21, 2000, among PASNY, Entergy Nuclear, Inc. (ENI), and ENIP3, and the Decommissioning Agreement for FitzPatrick dated November 21, 2000, among PASNY, ENI, and ENF (the Decommissioning Agreements), contemplate the transfer of the decommissioning trust funds for IP3 and FitzPatrick to ENIP3 and ENF at the end of the initial terms of the IP3 and FitzPatrick operating licenses, respectively. ENO and PASNY propose a transaction that will facilitate the transfer of control of the Master Trust to ENO, the current operator of IP3 and FitzPatrick. In addition to paying PASNY consideration for the acquisition of the Master Trust, the proposed transfer would require that ENO assume PASNY’s responsibilities and obligations pursuant to the Decommissioning Agreements upon transfer of control of the Master Trust to ENO from PASNY. An Order directing the transfer of control of the Master Trust and consenting to the Master Trust Agreement amendments is required, because the terms of the Master Trust Agreement must be amended before the transfer. Under the license conditions of the operating licenses for IP3 and FitzPatrick, and the terms of the Master Trust Agreement itself, any such amendment requires the prior written consent of the Director of the Office of Nuclear Reactor Regulation. In addition, the existing license conditions do not contemplate the transfer of control of the Master Trust to ENO. Under the terms of Section 10.05 of the Master Trust Agreement, as amended, the terms of the agreement may be amended to comply with an Order issued by the NRC. Thus, in accordance with these requirements, ENO, on behalf of ENIP3, ENF, and PASNY, requests that the NRC issue an Order directing the transfer of control of the Master Trust, consenting to an amendment to the Master Trust Agreement authorizing the E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices mstockstill on DSK3G9T082PROD with NOTICES transfer of control of the Master Trust to ENO, and approving license amendments that modify and delete trust-related license conditions in the IP3 and FitzPatrick operating licenses. A notice of this application was published in the Federal Register on September 27, 2016 (81 FR 66305). On November 1, 2016 (ADAMS Accession No. ML16306A258), a request for a hearing on the application was filed by Ms. Susan H. Shapiro, on behalf of Indian Point Safe Energy Coalition, Hudson River Sloop Clearwater, Council on Intelligent Energy & Conservation Policy, Sierra Club Hudson Valley, Nuclear Information and Resource Service, Alliance for Green Economy, and Radiation and Public Health Project. On December 13, 2016 (ADAMS Accession No. ML16348A495), an Atomic Safety and Licensing Board denied the hearing request for failure to demonstrate standing. Based on its review of the information in the application, and other information before the Commission, the NRC staff approves the proposed transfer of control of the Master Trust to ENO, along with the proposed amendments to the Master Trust Agreement, as amended. In addition, the NRC staff finds that the application for the proposed license amendments 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, ‘‘Nuclear Regulatory Commission’’; the facilities 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 amendments can be conducted without endangering the public health and safety and that such activities will be conducted in compliance with the Commission’s regulations; the issuance of the amendments will not be inimical to the common defense and security or to the public health and safety; and the issuance of the amendments will be in accordance with 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ of the Commission’s regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated January 27, 2017. III Accordingly, pursuant to Section 161i(4) of the Atomic Energy Act of 1954, as amended, and 10 CFR 50.75, It is hereby ordered that the application to transfer control of the Master Trust for IP3 and Fitzpatrick to ENO and the amendments to the Master Trust Agreement are approved. It is further ordered that the license amendments to the operating licenses of IP3 and FitzPatrick that modify existing trustrelated license conditions to reflect the transfer of control of the Master Trust to ENO and delete other existing trust-related license conditions in order to apply the generic requirements of 10 CFR 50.75(h) to IP3 and FitzPatrick, are approved. The amendments shall be issued and made effective at the time that the transfer of control of the Master Trust is completed. VerDate Sep<11>2014 16:31 Feb 01, 2017 Jkt 241001 This Order is effective upon issuance. For further details with respect to this Order, see the application dated August 16, 2016, and the NRC staff safety evaluation dated January 27, 2017 (ADAMS Accession No. ML16336A492), which are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area 01–F21, 11555 Rockville Pike (first floor), Rockville, MD. Publicly available documents created or received at the NRC are also accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR reference staff by telephone at 1–800–397–4209 or 301– 415–4737, or by email to pdr.resource@ nrc.gov. Dated at Rockville, MD, this 27th day of January 2017. For the Nuclear Regulatory Commission. William M. Dean, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2017–02214 Filed 2–1–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Digital I&C Systems; Notice of Meeting The ACRS Subcommittee on Digital I&C Systems will hold a meeting on February 23, 2017, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The meeting will be open to public attendance with the exception of portions that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: Thursday, February 23, 2017—1:00 p.m. Until 5:00 p.m. The Subcommittee will review the Updated Proposed Rulemaking on Cybersecurity for Fuel Cycle Facilities, including regulatory analysis and draft regulatory guidance. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Christina Antonescu (Telephone 301–415–6792 or Email: Christina.Antonescu@nrc.gov) five days prior to the meeting, if PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 9079 possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 17, 2016, (81 FR 71543). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland. After registering with Security, please contact Mr. Theron Brown (Telephone 240–888– 9835) to be escorted to the meeting room. Dated: January 26, 2017. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2017–02216 Filed 2–1–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Future Plant Designs; Notice of Meeting The ACRS Subcommittee on Future Plant Designs will hold a meeting on February 22, 2017, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The meeting will be open to public attendance with the exception of E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9077-9079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02214]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-286 and 50-333; License Nos. DPR-64 and DPR-59; NRC-
2017-0015]


In the Matter of Entergy Nuclear Operations, Inc., Entergy 
Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No. 
3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear 
Power Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the transfer of the Master Decommissioning Trust for 
Indian Point Nuclear Generating Unit No. 3 and James A FitzPatrick 
Nuclear Power

[[Page 9078]]

Plant from the Power Authority of the State of New York to Entergy 
Nuclear Operations, Inc., amendments to the Master Decommissioning 
Trust Agreement dated July 25, 1990, as amended, governing the Master 
Trust to facilitate the transfer, and license amendments to the 
operating licenses of Indian Point and FitzPatrick to modify the 
existing trust-related license conditions to reflect the proposed 
transfer of the Master Trust and to delete other license conditions in 
order to apply the requirements of 10 CFR 50.75(h)(1).

DATES: The Order was issued on January 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0015 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 http://www.regulations.gov and search for Docket ID NRC-2017-0015. 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 http://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: Dr. Diane Render, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3629; email: Diane.Render@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 27th day of January 2017.

    For the Nuclear Regulatory Commission.
Diane L. Render,
 Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--ORDER APPROVING TRANSFER OF CONTROL OF MASTER 
DECOMMISSIONING TRUST, AMENDMENTS TO MASTER DECOMMISSIONING TRUST 
AGREEMENT, AND LICENSE AMENDMENTS TO MODIFY AND DELETE DECOMMISSIONING 
TRUST LICENSE CONDITIONS

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-286 and 50-333; License Nos. DPR-64 and DPR-59; NRC-
2017-0015] In the Matter of Entergy Nuclear Operations, Inc., Entergy 
Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No. 
3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear 
Power Plant

ORDER APPROVING TRANSFER OF CONTROL OF MASTER DECOMMISSIONING TRUST, 
AMENDMENTS TO MASTER DECOMMISSIONING TRUST AGREEMENT, AND LICENSE 
AMENDMENTS TO MODIFY AND DELETE DECOMMISSIONING TRUST LICENSE 
CONDITIONS

I

    Entergy Nuclear Indian Point 3, LLC (ENIP3) and Entergy Nuclear 
Operations, Inc. (ENO) are the owner and operator, respectively, of 
Facility Operating License No. DPR-64 for Indian Point Nuclear 
Generating Unit No. 3 (Indian Point Unit 3 or IP3). IP3 is a 
Westinghouse pressurized-water reactor located in Westchester 
County, New York. Entergy Nuclear FitzPatrick, LLC (ENF) and ENO are 
the owner and operator, respectively, of Renewed Facility Operating 
License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant 
(FitzPatrick). FitzPatrick is a General Electric boiling-water 
reactor located in Oswego County, New York.

II

    By the application dated August 16, 2016 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML16230A308), ENO 
requested, on behalf of itself, ENIP3, ENF, and the Power Authority 
of the State of New York (PASNY, which now does business as the New 
York Power Authority), pursuant to Title 10 of the Code of Federal 
Regulations (10 CFR) Section 50.90, ``Application for amendment of 
license, construction permit, or early site permit,'' that the U.S. 
Nuclear Regulatory Commission (NRC or the Commission) issue an Order 
consenting to (1) the transfer to ENO of the beneficial interest in 
the Master Decommissioning Trust (Master Trust), including all 
rights and obligations thereunder, held by PASNY for IP3 and 
FitzPatrick; (2) amendments to the Master Decommissioning Trust 
Agreement dated July 25, 1990 (ADAMS Accession No. ML100500726), as 
amended (Master Trust Agreement), governing the Master Trust in 
order to facilitate the transfer of control of the Master Trust; (3) 
amendments to the operating licenses for IP3 and FitzPatrick in 
order to modify the existing trust-related license conditions to 
reflect the proposed transfer of control of the Master Trust; and 
(4) amendments to delete certain existing trust-related license 
conditions in order to apply to IP3 and FitzPatrick the generic 
requirements of 10 CFR 50.75(h). The NRC's approval of this 
application is a precondition to completing the pending application 
submitted jointly by Exelon Generation Company, LLC (Exelon) and 
ENO, dated August 18, 2016 (ADAMS Accession No. ML16235A081), 
requesting that the NRC issue an Order and conforming amendment 
consenting to the direct license transfer of Renewed Facility 
Operating License No. DPR-59 for FitzPatrick from ENO to Exelon.
    By Orders dated November 9, 2000 (ADAMS Accession Nos. 
ML003767953 and ML003768011), the NRC consented to the direct 
license transfers of IP3 and FitzPatrick from PASNY to their current 
owners and operator. As described in these Orders, however, PASNY 
remained the custodial holder of the decommissioning trust funds for 
IP3 and FitzPatrick in the Master Trust, which includes the Indian 
Point Unit 3 Decommissioning Trust Fund (IP3 Fund) and the 
FitzPatrick Decommissioning Trust Fund (FitzPatrick Fund). The 
Decommissioning Agreement for IP3 dated November 21, 2000, among 
PASNY, Entergy Nuclear, Inc. (ENI), and ENIP3, and the 
Decommissioning Agreement for FitzPatrick dated November 21, 2000, 
among PASNY, ENI, and ENF (the Decommissioning Agreements), 
contemplate the transfer of the decommissioning trust funds for IP3 
and FitzPatrick to ENIP3 and ENF at the end of the initial terms of 
the IP3 and FitzPatrick operating licenses, respectively.
    ENO and PASNY propose a transaction that will facilitate the 
transfer of control of the Master Trust to ENO, the current operator 
of IP3 and FitzPatrick. In addition to paying PASNY consideration 
for the acquisition of the Master Trust, the proposed transfer would 
require that ENO assume PASNY's responsibilities and obligations 
pursuant to the Decommissioning Agreements upon transfer of control 
of the Master Trust to ENO from PASNY. An Order directing the 
transfer of control of the Master Trust and consenting to the Master 
Trust Agreement amendments is required, because the terms of the 
Master Trust Agreement must be amended before the transfer. Under 
the license conditions of the operating licenses for IP3 and 
FitzPatrick, and the terms of the Master Trust Agreement itself, any 
such amendment requires the prior written consent of the Director of 
the Office of Nuclear Reactor Regulation. In addition, the existing 
license conditions do not contemplate the transfer of control of the 
Master Trust to ENO. Under the terms of Section 10.05 of the Master 
Trust Agreement, as amended, the terms of the agreement may be 
amended to comply with an Order issued by the NRC.
    Thus, in accordance with these requirements, ENO, on behalf of 
ENIP3, ENF, and PASNY, requests that the NRC issue an Order 
directing the transfer of control of the Master Trust, consenting to 
an amendment to the Master Trust Agreement authorizing the

[[Page 9079]]

transfer of control of the Master Trust to ENO, and approving 
license amendments that modify and delete trust-related license 
conditions in the IP3 and FitzPatrick operating licenses. A notice 
of this application was published in the Federal Register on 
September 27, 2016 (81 FR 66305). On November 1, 2016 (ADAMS 
Accession No. ML16306A258), a request for a hearing on the 
application was filed by Ms. Susan H. Shapiro, on behalf of Indian 
Point Safe Energy Coalition, Hudson River Sloop Clearwater, Council 
on Intelligent Energy & Conservation Policy, Sierra Club Hudson 
Valley, Nuclear Information and Resource Service, Alliance for Green 
Economy, and Radiation and Public Health Project. On December 13, 
2016 (ADAMS Accession No. ML16348A495), an Atomic Safety and 
Licensing Board denied the hearing request for failure to 
demonstrate standing.
    Based on its review of the information in the application, and 
other information before the Commission, the NRC staff approves the 
proposed transfer of control of the Master Trust to ENO, along with 
the proposed amendments to the Master Trust Agreement, as amended. 
In addition, the NRC staff finds that the application for the 
proposed license amendments 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, ``Nuclear Regulatory Commission''; the facilities 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 
amendments can be conducted without endangering the public health 
and safety and that such activities will be conducted in compliance 
with the Commission's regulations; the issuance of the amendments 
will not be inimical to the common defense and security or to the 
public health and safety; and the issuance of the amendments will be 
in accordance with 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory 
Functions,'' of the Commission's regulations and all applicable 
requirements have been satisfied. The findings set forth above are 
supported by a safety evaluation dated January 27, 2017.

III

    Accordingly, pursuant to Section 161i(4) of the Atomic Energy 
Act of 1954, as amended, and 10 CFR 50.75, It is hereby ordered that 
the application to transfer control of the Master Trust for IP3 and 
Fitzpatrick to ENO and the amendments to the Master Trust Agreement 
are approved.
    It is further ordered that the license amendments to the 
operating licenses of IP3 and FitzPatrick that modify existing 
trust-related license conditions to reflect the transfer of control 
of the Master Trust to ENO and delete other existing trust-related 
license conditions in order to apply the generic requirements of 10 
CFR 50.75(h) to IP3 and FitzPatrick, are approved. The amendments 
shall be issued and made effective at the time that the transfer of 
control of the Master Trust is completed.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the 
application dated August 16, 2016, and the NRC staff safety 
evaluation dated January 27, 2017 (ADAMS Accession No. ML16336A492), 
which are available for public inspection at the Commission's Public 
Document Room (PDR), located at One White Flint North, Public File 
Area 01-F21, 11555 Rockville Pike (first floor), Rockville, MD. 
Publicly available documents created or received at the NRC are also 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access 
to ADAMS, or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR reference staff by 
telephone at 1-800-397-4209 or 301-415-4737, or by email to 
pdr.resource@nrc.gov.

    Dated at Rockville, MD, this 27th day of January 2017.

    For the Nuclear Regulatory Commission.

William M. Dean, Director,
Office of Nuclear Reactor Regulation.

[FR Doc. 2017-02214 Filed 2-1-17; 8:45 am]
 BILLING CODE 7590-01-P