In the Matter of FirstEnergy Nuclear Operating Company; Beaver Valley Power Station, Unit 2, 18781-18783 [2017-08114]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18781-18783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08114]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-412; License No. NPF-73; NRC-2016-0277]


In the Matter of FirstEnergy Nuclear Operating Company; Beaver 
Valley Power Station, Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the direct transfer of the facility operating license 
for Beaver Valley Power Station, Unit 2 (BVPS-2), to FirstEnergy 
Nuclear Generation, LLC (FENGen). The BVPS-2 is located in Beaver 
County, PA.

DATES: The order was issued on April 14, 2017.

ADDRESSES: Please refer to Docket ID NRC-2016-0277 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-2016-0277. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; e-mail: 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

[[Page 18782]]

email to pdr.resource@nrc.gov. The documents listed in the attached 
order are available in ADAMS as follows: Application dated June 24, 
2016 (ADAMS Accession No. ML16182A155), supplemental letters dated 
September 13, 2016; December 15, 2016; and March 16, 2017 (ADAMS 
Accession Nos. ML16257A235, ML16350A077, and ML17075A210, 
respectively), and Safety Evaluation dated April 14, 2017 (ADAMS 
Accession No. ML17081A433 (nonproprietary)).
     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, MD 20852.

FOR FURTHER INFORMATION CONTACT: Taylor A. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-7128; email: Taylor.Lamb@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated at Rockville, MD, this 14th day of April 2017.

    For the Nuclear Regulatory Commission.
James G. Danna,
Chief, Plant Licensing Branch I, Division of Operator 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

[Docket No. 50-412; License No. NPF-73; NRC-2016-0277]

In the Matter of FirstEnergy Nuclear Operating Company; Beaver Valley 
Power Station, Unit 2

ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING 
AMENDMENT

I.

    FirstEnergy Nuclear Operating Company (FENOC or the applicant), 
acting as an agent for and on behalf of FirstEnergy Nuclear Generation, 
LLC (FENGen), the Toledo Edison Company (TE), and the Ohio Edison 
Company (OE), requested that the U.S. Nuclear Regulatory Commission 
(NRC or the Commission) consent to the direct transfer of TE's 18.26 
percent leased interest in Beaver Valley Power Station, Unit 2 (BVPS-2) 
to FENGen, and OE's 21.66 percent leased interest in BVPS-2 to FENGen. 
TE and OE, with respect to their leased interests, and FENGen, are co-
holders of Renewed Facility Operating License No. NPF-73. The BVPS-2 
facility is located in Beaver County, PA.

II.

    By application dated June 24, 2016, as supplemented by letters 
dated September 13, 2016; December 15, 2016; and March 16, 2017, the 
applicant requested on behalf of itself, FENGen, TE, and OE, pursuant 
to Section 50.80 of Title 10 of the Code of Federal Regulations (10 CFR 
50.80), that the NRC consent to the direct transfer of TE's 18.26 
percent leased interest in BVPS-2 and OE's 21.66 percent interest in 
BVPS-2 (combined 39.92 percent leased interest in BVPS-2), to FENGen. 
Upon execution of this proposed transfer, FENGen would own 100 percent 
of BVPS-2, and FENOC would continue to operate the facility.
    FENOC requested that the NRC approve the direct transfer of the 
leased interest in the facility operating license. The NRC published a 
Federal Register notice titled, ``Beaver Valley Power Station, Unit 2, 
Consideration of Approval of Transfer of License and Conforming 
Amendment [Docket No. 50-412; NRC-2016-0277],'' on January 23, 2017 (82 
FR 7880). The NRC received no comments or hearing requests in response 
to this notice.
    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 application, and other information before the 
Commission, the NRC staff has determined that FENGen is qualified to 
hold the license to the extent proposed to permit the transfer of 
Toledo Edison Company's and Ohio Edison Company's combined 39.92 
percent leased interest in BVPS-2, and that the transfers of the 
license are otherwise consistent with the applicable provisions of law, 
regulations, and orders issued by the NRC, pursuant thereto, subject to 
the conditions 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 (the Act), as amended, 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.
     The issuance of the proposed amendment will be in 
accordance with 10 CFR part 51, and all applicable requirements have 
been satisfied.
    The findings set forth above are supported by a safety evaluation 
dated April 14, 2017.

III.

    Accordingly, pursuant to Sec. Sec.  161b, 161i, 161o, and 184 of 
the Act; 42 USC Sec. Sec.  2201(b), 2201(i), 2201(o), and 2234; and 10 
CFR 50.80, IT IS HEREBY ORDERED that the NRC approves the application 
for the proposed direct license transfer, subject to the following 
condition:

FENGen shall provide satisfactory documentary evidence to the Director 
of the Office of Nuclear Reactor Regulation that, as of the date of the 
license transfer, the licensees reflected in the amended license 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR part 140 and 10 CFR 50.54(w).

    It is further ordered that consistent with 10 CFR 2.1315(b), the 
NRC approves the license amendment that makes a change, as indicated in 
the Conforming License Amendment to License No. NPF-73. The NRC shall 
issue and make effective the amendment at the time the proposed direct 
transfer action is completed.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed direct transfer action, the applicant shall 
inform the Director of the Office of Nuclear Reactor Regulation in 
writing of such receipt no later than 5 business days prior to the date 
of the closing of the direct transfer. Should the proposed direct 
transfer not be completed by April 14, 2018, this Order shall become 
null and void, provided, however, upon written application and good 
cause shown, the NRC may extend such date by order.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the initial 
application dated June 24, 2016 (ADAMS Accession No. ML16182A155), as 
supplemented by letters dated September 13, 2016; December 15, 2016; 
and March 16, 2017 (ADAMS Accession Nos. ML16257A235, ML16350A077, and 
ML17075A210, respectively), and the

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safety evaluation dated April 14, 2017 (ADAMS Accession No. ML17081A433 
(nonproprietary)), 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 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 or 301-415-4737, or by e-mail to 
pdr.resource@nrc.gov.

    Dated at Rockville, Maryland, this 14th day of April 2017.

    For the Nuclear Regulatory Commission.

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2017-08114 Filed 4-20-17; 8:45 am]
 BILLING CODE 7590-01-P