In the Matter of Entergy Nuclear Vermont Yankee, LLC; Entergy Nuclear Operations, Inc.; NorthStar Vermont Yankee LLC; NorthStar Nuclear Decommissioning Company, LLC; Vermont Yankee Nuclear Power Station, 53116-53118 [2018-22768]
Download as PDF
<![CDATA[
53116
Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
B. Submitting Comments
Please include Docket ID NRC–2016–
0231 in your comment submission.
Comments received during this
extended scoping period will be
considered by the NRC in determining
the scope of the EIS. Scoping comments
submitted previously need not be
resubmitted during this extended
scoping period.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov/ as well as enter
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Discussion
amozie on DSK3GDR082PROD with NOTICES1
On April 28, 2016, WCS submitted a
license application to NRC for a
proposed CISF for spent nuclear fuel.
The NRC accepted the WCS application
for detailed review on January 26, 2017.
On November 14, 2016 (81 FR 79531),
the NRC opened the public scoping
period for its EIS on the WCS license
application. On April 18, 2017, WCS
requested that NRC temporarily suspend
its review. The EIS public scoping
comment period closed on April 28,
2017.
On June 8, 2018, ISP (a joint venture
between WCS and Orano CIS LLC)
requested that NRC resume its detailed
review and submitted a revised CISF
license application. On July 19, 2018,
ISP provided an update to its
application. On September 4, 2018 (83
FR 44922), the NRC reopened the
scoping period for its EIS, with
comments to be submitted by October
19, 2018.
III. Extending Public Comment Scoping
Period
The NRC is extending the public
comment scoping period to November
19, 2018.
Dated at Rockville, Maryland, this 15th day
of October, 2018.
VerDate Sep<11>2014
17:25 Oct 18, 2018
Jkt 247001
For the Nuclear Regulatory Commission.
Brian W. Smith,
Acting Director, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review,
Office of Nuclear Material Safety and
Safeguards.
the VY license to NorthStar NDC and
NorthStar VY and the indirect transfer
to NorthStar Decommissioning
Holdings, LLC and its parents became
effective on October 11, 2018.
[FR Doc. 2018–22810 Filed 10–18–18; 8:45 am]
DATES:
BILLING CODE 7590–01–P
The Order was issued on October
11, 2018, and is effective for one year.
Please refer to Docket ID
NRC–2018–0216 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0216. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@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
‘‘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 license transfer Order, the
NRC safety evaluation supporting the
staff’s findings, and the conforming
license amendment are available in
ADAMS under Accession Nos.
ML18248A096, ML18242A639, and
ML18253A202, respectively.
• 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:
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–271 and 72–59; NRC–2018–
0216]
In the Matter of Entergy Nuclear
Vermont Yankee, LLC; Entergy Nuclear
Operations, Inc.; NorthStar Vermont
Yankee LLC; NorthStar Nuclear
Decommissioning Company, LLC;
Vermont Yankee Nuclear Power
Station
Nuclear Regulatory
Commission.
ACTION: Direct and indirect transfer of
license; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving the direct transfer of
Renewed Facility Operating License No.
DPR–28 for the Vermont Yankee
Nuclear Power Station (VY), and its
general license for the VY Independent
Spent Fuel Storage Installation (ISFSI),
from the currently licensed operator,
Entergy Nuclear Operations, Inc.
(ENOI), and currently licensed owner,
Entergy Nuclear Vermont Yankee, LLC
(ENVY), to NorthStar Nuclear
Decommissioning Company, LLC
(NorthStar NDC), and to ENVY’s
successor NorthStar Vermont Yankee,
LLC (NorthStar VY). This order also
approves the indirect transfer of control
of the license from ENVY’s Entergy
parent holding and investment
companies to NorthStar
Decommissioning Holdings, LLC and its
parents NorthStar Group Services, Inc.
(NorthStar), LVI Parent Corp., and
NorthStar Group Holdings, LLC. The
NRC is also issuing a conforming
amendment for the facility operating
license for administrative purposes to
reflect the approved license transfer.
The NRC confirmed that NorthStar
NDC, and the entity to be named
NorthStar VY, met the regulatory, legal,
technical, and financial obligations
necessary to qualify them as a transferee
and determined that the transferee is
qualified to be the holder of the license;
and the transfer of the license is
otherwise consistent with the applicable
provisions of law, regulations, and
orders issued by the Commission. The
Order approving the direct transfer of
SUMMARY:
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
Jack
D. Parrott, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6634, email: Jack.Parrott@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated at Rockville, Maryland, this 15th day
of October 2018.
E:\FR\FM\19OCN1.SGM
19OCN1
Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning,
Uranium Recovery and Waste Programs,
Office of Nuclear Material Safety and
Safeguards.
Attachment—Order Approving the
Transfer of License and Conforming
Amendment
UNITED STATES OF AMERICA NUCLEAR
REGULATORY COMMISSION
[Docket Nos.: 50–271 and 72–59; License No.:
DPR–28]
In the Matter of Entergy Nuclear Vermont
Yankee, LLC
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
ORDER APPROVING THE TRANSFER OF
LICENSE AND CONFORMING
AMENDMENT
amozie on DSK3GDR082PROD with NOTICES1
I.
Entergy Nuclear Operations, Inc. (ENOI),
on behalf of itself and Entergy Nuclear
Vermont Yankee, LLC (ENVY), are the
holders of Renewed Facility Operating
License No. DPR–28, which authorizes the
operation of the Vermont Yankee Nuclear
Power Station (VY), and the general license
for the VY Independent Spent Fuel Storage
Installation (ISFSI). VY permanently ceased
operations on December 29, 2014. Pursuant
to Sections 50.82(a)(1)(i) and (a)(1)(ii) of Title
10 of the Code of Federal Regulations (10
CFR), by letter dated January 12, 2015, ENOI
certified to the NRC that it had permanently
ceased operations at VY and that all fuel had
been permanently removed from the reactor.
Therefore, pursuant to 10 CFR 50.82(a)(2),
operations at VY are no longer authorized
under the 10 CFR part 50 license, and ENOI
and ENVY are licensed to possess, but not
use or operate, VY under Renewed Facility
Operating License No. DPR–28, subject to the
conditions specified therein. The VY site is
located in the town of Vernon, Vermont, in
Windham County on the west shore of the
Connecticut River immediately upstream of
the Vernon Hydroelectric Station.
II.
By letter dated February 9, 2017
(Agencywide Documents Access and
Management System (ADAMS) Accession
No. ML17045A140), and as supplemented by
letters dated April 6, 2017 (ADAMS
Accession No. ML17096A394), August 22,
2017 (ADAMS Accession No.
ML17234A141), August 28, 2017 (ADAMS
Accession No. ML17248A468), December 4,
2017 (ADAMS Accession No.
ML17339A896), December 22, 2017 (ADAMS
Accession No. ML18009A459), May 21, 2018
(ADAMS Accession No. ML18143B484), and
June 28, 2018 (ADAMS Accession No.
ML18183A220), ENOI, on behalf of itself and
ENVY, and NorthStar Nuclear
Decommissioning Company, LLC (NorthStar
NDC) (together, the Applicants), requested
that the U.S. Nuclear Regulatory Commission
(NRC) consent to the proposed direct and
indirect transfer of the VY Renewed Facility
VerDate Sep<11>2014
17:25 Oct 18, 2018
Jkt 247001
Operating License No. DPR–28 and the
general license for the VY ISFSI (collectively
referred to as the facility). Specifically, the
Applicants requested that the NRC consent to
the direct transfer of ENOI’s currently
licensed authority (licensed operator for
decommissioning) to NorthStar NDC. In
addition, the Applicants requested the
indirect transfer of control of ENVY’s
ownership interests in the facility licenses to
NorthStar Decommissioning Holdings, LLC,
and its parents NorthStar Group Services,
Inc. (NorthStar), LVI Parent Corp. (LVI) and
NorthStar Group Holdings, LLC (Holdings).
These direct and indirect transfer requests
are submitted to the NRC for approval
pursuant to Section 184 of the Atomic Energy
Act of 1954, as amended (AEA),
‘‘Inalienability of Licenses,’’ and 10 CFR
50.80, ‘‘Transfer of licenses,’’ 10 CFR 72.50,
‘‘Transfer of licenses,’’ and 10 CFR 50.90,
‘‘Application for amendment of license,
construction permit, or early site permit.’’
The supplemental information letters, listed
above, contained clarifying information, did
not expand the application beyond the scope
of the original notice, and did not affect the
applicability of the NRC’s no significant
hazards consideration determination.
ENOI and ENVY intend to transfer the
licensed possession, maintenance, and
decommissioning authorities to NorthStar
NDC in order to implement expedited
decommissioning at VY. Following approval
and implementation of the proposed direct
transfer of control of the license, NorthStar
NDC would assume licensed responsibility
for VY through the direct transfer of ENOI’s
responsibility for licensed activities at VY to
NorthStar NDC. If the proposed indirect
transfer of control is approved, ENVY would
change its name to NorthStar VY, but the
same legal entity would continue to exist
before and after the proposed transfer.
NorthStar VY would also enter into an
operating agreement with NorthStar NDC,
which provides for NorthStar NDC to act as
NorthStar VY’s agent and for NorthStar VY
to pay NorthStar NDC’s costs of operation,
including all decommissioning costs.
NorthStar VY would own the VY facility as
well as its associated assets and real estate,
including its nuclear decommissioning trust
fund, title to spent nuclear fuel, and rights
pursuant to the terms of its Standard Contract
for Disposal of Spent Nuclear Fuel and/or
High-Level Radioactive Waste with the U.S.
Department of Energy. Certain off-site assets
and real estate of ENVY are excluded, such
as administrative offices and off-site training
facilities. Upon the proposed license transfer,
NorthStar NDC would assume responsibility
for compliance with the current licensing
basis, including regulatory commitments that
exist at the closing of the transaction between
the Applicants, and would implement any
changes under applicable regulatory
requirements and practices. The Applicants
also requested that the NRC approve a
conforming administrative amendment to the
facility license to reflect the proposed direct
transfer of the license from ENOI to
NorthStar NDC as well as a planned name
change for ENVY from ENVY to NorthStar
VY.
Notice of NRC consideration of the license
transfer application was published in the
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
53117
Federal Register (FR) on May 24, 2017 (82 FR
23845) and included an opportunity to
comment, request a hearing, and petition for
leave to intervene. On June 13, 2017, the
State of Vermont filed a Request for a Hearing
and Petition for Leave to Intervene
submitting two contentions challenging the
proposed license transfer, and, on June 27,
2017, the New England Coalition
(collectively, with the State of Vermont,
‘‘Petitioners’’) also filed a Request for a
Hearing and Petition for Leave to Intervene
with two contentions against the proposed
license transfer. On March 7, 2018, and
March 12, 2018, the Petitioners filed notices
of the anticipated withdrawal of their hearing
requests pursuant to a settlement agreement
between the Applicants and others, including
the Petitioners. The Petitioners requested that
their hearing requests be held in abeyance
until the Vermont Public Utility Commission
acted on the settlement agreement. On April
12, 2018, the Commission granted the
Petitioners’ motion to hold the proceeding in
abeyance pending further notification by the
Petitioners. Public comments were also
received on this application for license
transfer. They are summarized in the Safety
Evaluation of this license transfer request.
The staff notes, by letter dated May 25,
2018 (ADAMS Accession No.
ML18150A315), in support of the license
transfer request, that NorthStar submitted a
request for an exemption to 10 CFR
50.82(a)(8)(i)(A) to use up to $20 million of
the VY trust (on a revolving basis) to pay for
spent fuel management expenses. The staff
approved the exemption request on October
11, 2018 (ADAMS Accession No.
ML18274A246). The exemption is being
issued simultaneously with this Order.
Pursuant to 10 CFR 50.80, no license for a
production or utilization facility, or any right
thereunder, shall be transferred, either
voluntarily or involuntarily, directly or
indirectly, through transfer of control of the
license to any person, unless the Commission
gives its consent in writing. Upon review of
the information in the application and other
information before the Commission, and
relying upon the representations and
agreements contained in the application, the
NRC staff has determined that NorthStar VY
and NorthStar NDC are qualified to be the
holders of the licenses, and that the direct
and indirect transfer of the licenses, as
described in the application, is otherwise
consistent with applicable provisions of law,
regulations, and orders issued by the
Commission pursuant thereto, subject to the
condition set forth below.
Upon review of the application for a
conforming amendment to the VY license to
reflect the direct and indirect transfer of the
VY licenses, the NRC staff determined the
following:
(1) 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.
(2) There is reasonable assurance that the
activities authorized by the proposed license
amendment can be conducted without
endangering the health and safety of the
E:\FR\FM\19OCN1.SGM
19OCN1
amozie on DSK3GDR082PROD with NOTICES1
53118
Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
public, and that such activities will be
conducted in compliance with the
Commission’s regulations.
(3) 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.
(4) The issuance of the proposed license
amendment is 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 October
11, 2018, which is available at ADAMS
Accession No. ML18242A639.
III.
Accordingly, pursuant to Sections 161b,
161i, 161o, and 184 of the AEA, 42 U.S.C.
Sections 2201(b), 2201(i), 2201(o), and 2234;
and 10 CFR 50.80, 10 CFR 72.50, and 10 CFR
50.90, IT IS HEREBY ORDERED that the
application for the direct and indirect
transfer of the licenses, as described herein
is approved for Vermont Yankee Nuclear
Power Station and the ISFSI, subject to the
following conditions:
(1) Prior to the closing of the license
transfer, NorthStar NDC and NorthStar VY
shall provide the Directors of NRC’s Office of
Nuclear Material Safety and Safeguards
(NMSS) and Office of Nuclear Reactor
Regulation (NRR) satisfactory documentary
evidence that they have obtained the
appropriate amount of insurance required of
a licensee under 10 CFR 140.11(a)(4) and 10
CFR 50.54(w) of the Commission’s
regulations, consistent with the exemptions
issued to VY on April 15, 2016.
(2) NorthStar Vermont Yankee, LLC and
NorthStar Nuclear Decommissioning
Company, LLC shall take no action to cause
NorthStar Group Services, Inc., to void,
cancel, or modify the $140 million Support
agreement to provide funding for Vermont
Yankee as represented in the application
without prior written consent of the Director
of the Office of Nuclear Reactor Regulation.
(3) NorthStar Vermont Yankee, LLC shall
obtain a performance bond if a Settlement
Agreement with the U.S. Department of
Energy (DOE), on DOE reimbursements for
spent fuel management expenses, is not
entered into by January 1, 2022. The
performance bond will be effective January 1,
2022, initially in the amount of $4.3 million,
and it will be renewed annually. This
amount covers the annual amount of
Independent Spent Fuel Storage Installation
(ISFSI) operation and maintenance (O&M)
costs projected for 2022–2024. If a settlement
is not reached by January 1, 2024, this
amount will be increased to $9.3 million,
which covers the annual amount of ISFSI
O&M costs projected for years after 2024.
IT IS FURTHER ORDERED that, consistent
with 10 CFR 2.1315(b), the license
amendment that makes changes, as indicated
in Enclosure 2 to the cover letter forwarding
this Order, to conform the license to reflect
the subject direct and indirect license
transfer, is approved. The amendment shall
be issued and made effective within 30 days
of the date of when the proposed direct and
indirect license transfer action is completed.
VerDate Sep<11>2014
17:25 Oct 18, 2018
Jkt 247001
IT IS FURTHER ORDERED that NorthStar
NDC and NorthStar VY shall, at least 2
business days prior to closing, inform the
Directors of NMSS and NRR in writing of the
date of closing of the license transfer for VY
and the ISFSI. Should the transfer of the
license not be completed within 1 year of this
Order’s date of issuance, this Order shall
become null and void; provided, however,
that 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 initial application dated
February 9, 2017, as supplemented by letters
dated April 6, 2017, August 22, 2017, August
28, 2017, December 4, 2017, December 22,
2017, May 21, 2018, and June 28, 2018, and
the associated NRC safety evaluation dated
October 11, 2018, which are available for
public inspection at the Commission’s Public
Document Room (PDR), located at One White
Flint North, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
documents are accessible electronically
through ADAMS in the NRC Library at https://
www.nrc.gov/reading-rm/adams.html.
Persons who encounter problems with
ADAMS should contact the NRC’s 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 11th day
of October 2018.
For the Nuclear Regulatory Commission.
/RA/
Marc L. Dapas,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2018–22768 Filed 10–18–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0219]
Performance Review Boards for Senior
Executive Service
Nuclear Regulatory
Commission.
ACTION: Appointments.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has announced
appointments to the NRC Performance
Review Board (PRB) responsible for
making recommendations on
performance appraisal ratings and
performance awards for NRC Senior
Executives and Senior Level System
employees and appointments to the
NRC PRB Panel responsible for making
recommendations to the appointing and
awarding authorities for NRC PRB
members.
DATES: October 19, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2018–0219 when contacting the
SUMMARY:
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0219. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@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
‘‘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.
• 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:
Miriam L. Cohen, Secretary, Executive
Resources Board, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–287–
0747, email: Miriam.Cohen@nrc.gov.
SUPPLEMENTARY INFORMATION: The
following individuals appointed as
members of the NRC PRB are
responsible for making
recommendations to the appointing and
awarding authorities on performance
appraisal ratings and performance
awards for Senior Executives and Senior
Level System employees:
Margaret M. Doane, Executive Director
for Operations;
Marian L. Zobler, General Counsel;
Daniel H. Dorman, Deputy Executive
Director for Materials, Waste,
Research, State, Tribal, Compliance,
Administration, and Human Capital
Programs, Office of the Executive
Director for Operations;
Michael R. Johnson, Deputy Executive
Director for Reactor and Preparedness
Programs, Office of the Executive
Director for Operations;
Marc L. Dapas, Director, Office of
Nuclear Material Safety and
Safeguards;
Frederick D. Brown, Director, Office of
New Reactors;
Brian E. Holian, Director, Office of
Nuclear Security and Incident
Response;
E:\FR\FM\19OCN1.SGM
19OCN1
]]>Agencies
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53116-53118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22768]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-271 and 72-59; NRC-2018-0216]
In the Matter of Entergy Nuclear Vermont Yankee, LLC; Entergy
Nuclear Operations, Inc.; NorthStar Vermont Yankee LLC; NorthStar
Nuclear Decommissioning Company, LLC; Vermont Yankee Nuclear Power
Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct and indirect transfer of license; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving the direct transfer of Renewed Facility Operating
License No. DPR-28 for the Vermont Yankee Nuclear Power Station (VY),
and its general license for the VY Independent Spent Fuel Storage
Installation (ISFSI), from the currently licensed operator, Entergy
Nuclear Operations, Inc. (ENOI), and currently licensed owner, Entergy
Nuclear Vermont Yankee, LLC (ENVY), to NorthStar Nuclear
Decommissioning Company, LLC (NorthStar NDC), and to ENVY's successor
NorthStar Vermont Yankee, LLC (NorthStar VY). This order also approves
the indirect transfer of control of the license from ENVY's Entergy
parent holding and investment companies to NorthStar Decommissioning
Holdings, LLC and its parents NorthStar Group Services, Inc.
(NorthStar), LVI Parent Corp., and NorthStar Group Holdings, LLC. The
NRC is also issuing a conforming amendment for the facility operating
license for administrative purposes to reflect the approved license
transfer.
The NRC confirmed that NorthStar NDC, and the entity to be named
NorthStar VY, met the regulatory, legal, technical, and financial
obligations necessary to qualify them as a transferee and determined
that the transferee is qualified to be the holder of the license; and
the transfer of the license is otherwise consistent with the applicable
provisions of law, regulations, and orders issued by the Commission.
The Order approving the direct transfer of the VY license to NorthStar
NDC and NorthStar VY and the indirect transfer to NorthStar
Decommissioning Holdings, LLC and its parents became effective on
October 11, 2018.
DATES: The Order was issued on October 11, 2018, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2018-0216 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0216. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. 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 ``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 [email protected]. The license transfer Order, the NRC
safety evaluation supporting the staff's findings, and the conforming
license amendment are available in ADAMS under Accession Nos.
ML18248A096, ML18242A639, and ML18253A202, respectively.
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: Jack D. Parrott, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6634, email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 15th day of October 2018.
[[Page 53117]]
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
Attachment--Order Approving the Transfer of License and Conforming
Amendment
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-271 and 72-59; License No.: DPR-28]
In the Matter of Entergy Nuclear Vermont Yankee, LLC
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
ORDER APPROVING THE TRANSFER OF LICENSE AND CONFORMING AMENDMENT
I.
Entergy Nuclear Operations, Inc. (ENOI), on behalf of itself and
Entergy Nuclear Vermont Yankee, LLC (ENVY), are the holders of
Renewed Facility Operating License No. DPR-28, which authorizes the
operation of the Vermont Yankee Nuclear Power Station (VY), and the
general license for the VY Independent Spent Fuel Storage
Installation (ISFSI). VY permanently ceased operations on December
29, 2014. Pursuant to Sections 50.82(a)(1)(i) and (a)(1)(ii) of
Title 10 of the Code of Federal Regulations (10 CFR), by letter
dated January 12, 2015, ENOI certified to the NRC that it had
permanently ceased operations at VY and that all fuel had been
permanently removed from the reactor. Therefore, pursuant to 10 CFR
50.82(a)(2), operations at VY are no longer authorized under the 10
CFR part 50 license, and ENOI and ENVY are licensed to possess, but
not use or operate, VY under Renewed Facility Operating License No.
DPR-28, subject to the conditions specified therein. The VY site is
located in the town of Vernon, Vermont, in Windham County on the
west shore of the Connecticut River immediately upstream of the
Vernon Hydroelectric Station.
II.
By letter dated February 9, 2017 (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML17045A140), and as
supplemented by letters dated April 6, 2017 (ADAMS Accession No.
ML17096A394), August 22, 2017 (ADAMS Accession No. ML17234A141),
August 28, 2017 (ADAMS Accession No. ML17248A468), December 4, 2017
(ADAMS Accession No. ML17339A896), December 22, 2017 (ADAMS
Accession No. ML18009A459), May 21, 2018 (ADAMS Accession No.
ML18143B484), and June 28, 2018 (ADAMS Accession No. ML18183A220),
ENOI, on behalf of itself and ENVY, and NorthStar Nuclear
Decommissioning Company, LLC (NorthStar NDC) (together, the
Applicants), requested that the U.S. Nuclear Regulatory Commission
(NRC) consent to the proposed direct and indirect transfer of the VY
Renewed Facility Operating License No. DPR-28 and the general
license for the VY ISFSI (collectively referred to as the facility).
Specifically, the Applicants requested that the NRC consent to the
direct transfer of ENOI's currently licensed authority (licensed
operator for decommissioning) to NorthStar NDC. In addition, the
Applicants requested the indirect transfer of control of ENVY's
ownership interests in the facility licenses to NorthStar
Decommissioning Holdings, LLC, and its parents NorthStar Group
Services, Inc. (NorthStar), LVI Parent Corp. (LVI) and NorthStar
Group Holdings, LLC (Holdings). These direct and indirect transfer
requests are submitted to the NRC for approval pursuant to Section
184 of the Atomic Energy Act of 1954, as amended (AEA),
``Inalienability of Licenses,'' and 10 CFR 50.80, ``Transfer of
licenses,'' 10 CFR 72.50, ``Transfer of licenses,'' and 10 CFR
50.90, ``Application for amendment of license, construction permit,
or early site permit.'' The supplemental information letters, listed
above, contained clarifying information, did not expand the
application beyond the scope of the original notice, and did not
affect the applicability of the NRC's no significant hazards
consideration determination.
ENOI and ENVY intend to transfer the licensed possession,
maintenance, and decommissioning authorities to NorthStar NDC in
order to implement expedited decommissioning at VY. Following
approval and implementation of the proposed direct transfer of
control of the license, NorthStar NDC would assume licensed
responsibility for VY through the direct transfer of ENOI's
responsibility for licensed activities at VY to NorthStar NDC. If
the proposed indirect transfer of control is approved, ENVY would
change its name to NorthStar VY, but the same legal entity would
continue to exist before and after the proposed transfer. NorthStar
VY would also enter into an operating agreement with NorthStar NDC,
which provides for NorthStar NDC to act as NorthStar VY's agent and
for NorthStar VY to pay NorthStar NDC's costs of operation,
including all decommissioning costs. NorthStar VY would own the VY
facility as well as its associated assets and real estate, including
its nuclear decommissioning trust fund, title to spent nuclear fuel,
and rights pursuant to the terms of its Standard Contract for
Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste
with the U.S. Department of Energy. Certain off-site assets and real
estate of ENVY are excluded, such as administrative offices and off-
site training facilities. Upon the proposed license transfer,
NorthStar NDC would assume responsibility for compliance with the
current licensing basis, including regulatory commitments that exist
at the closing of the transaction between the Applicants, and would
implement any changes under applicable regulatory requirements and
practices. The Applicants also requested that the NRC approve a
conforming administrative amendment to the facility license to
reflect the proposed direct transfer of the license from ENOI to
NorthStar NDC as well as a planned name change for ENVY from ENVY to
NorthStar VY.
Notice of NRC consideration of the license transfer application
was published in the Federal Register (FR) on May 24, 2017 (82 FR
23845) and included an opportunity to comment, request a hearing,
and petition for leave to intervene. On June 13, 2017, the State of
Vermont filed a Request for a Hearing and Petition for Leave to
Intervene submitting two contentions challenging the proposed
license transfer, and, on June 27, 2017, the New England Coalition
(collectively, with the State of Vermont, ``Petitioners'') also
filed a Request for a Hearing and Petition for Leave to Intervene
with two contentions against the proposed license transfer. On March
7, 2018, and March 12, 2018, the Petitioners filed notices of the
anticipated withdrawal of their hearing requests pursuant to a
settlement agreement between the Applicants and others, including
the Petitioners. The Petitioners requested that their hearing
requests be held in abeyance until the Vermont Public Utility
Commission acted on the settlement agreement. On April 12, 2018, the
Commission granted the Petitioners' motion to hold the proceeding in
abeyance pending further notification by the Petitioners. Public
comments were also received on this application for license
transfer. They are summarized in the Safety Evaluation of this
license transfer request.
The staff notes, by letter dated May 25, 2018 (ADAMS Accession
No. ML18150A315), in support of the license transfer request, that
NorthStar submitted a request for an exemption to 10 CFR
50.82(a)(8)(i)(A) to use up to $20 million of the VY trust (on a
revolving basis) to pay for spent fuel management expenses. The
staff approved the exemption request on October 11, 2018 (ADAMS
Accession No. ML18274A246). The exemption is being issued
simultaneously with this Order.
Pursuant to 10 CFR 50.80, no license for a production or
utilization facility, or any right thereunder, shall be transferred,
either voluntarily or involuntarily, directly or indirectly, through
transfer of control of the license to any person, unless the
Commission gives its consent in writing. Upon review of the
information in the application and other information before the
Commission, and relying upon the representations and agreements
contained in the application, the NRC staff has determined that
NorthStar VY and NorthStar NDC are qualified to be the holders of
the licenses, and that the direct and indirect transfer of the
licenses, as described in the application, is otherwise consistent
with applicable provisions of law, regulations, and orders issued by
the Commission pursuant thereto, subject to the condition set forth
below.
Upon review of the application for a conforming amendment to the
VY license to reflect the direct and indirect transfer of the VY
licenses, the NRC staff determined the following:
(1) 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.
(2) There is reasonable assurance that the activities authorized
by the proposed license amendment can be conducted without
endangering the health and safety of the
[[Page 53118]]
public, and that such activities will be conducted in compliance
with the Commission's regulations.
(3) 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.
(4) The issuance of the proposed license amendment is 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 October 11, 2018, which is available at ADAMS
Accession No. ML18242A639.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of
the AEA, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and
10 CFR 50.80, 10 CFR 72.50, and 10 CFR 50.90, IT IS HEREBY ORDERED
that the application for the direct and indirect transfer of the
licenses, as described herein is approved for Vermont Yankee Nuclear
Power Station and the ISFSI, subject to the following conditions:
(1) Prior to the closing of the license transfer, NorthStar NDC
and NorthStar VY shall provide the Directors of NRC's Office of
Nuclear Material Safety and Safeguards (NMSS) and Office of Nuclear
Reactor Regulation (NRR) satisfactory documentary evidence that they
have obtained the appropriate amount of insurance required of a
licensee under 10 CFR 140.11(a)(4) and 10 CFR 50.54(w) of the
Commission's regulations, consistent with the exemptions issued to
VY on April 15, 2016.
(2) NorthStar Vermont Yankee, LLC and NorthStar Nuclear
Decommissioning Company, LLC shall take no action to cause NorthStar
Group Services, Inc., to void, cancel, or modify the $140 million
Support agreement to provide funding for Vermont Yankee as
represented in the application without prior written consent of the
Director of the Office of Nuclear Reactor Regulation.
(3) NorthStar Vermont Yankee, LLC shall obtain a performance
bond if a Settlement Agreement with the U.S. Department of Energy
(DOE), on DOE reimbursements for spent fuel management expenses, is
not entered into by January 1, 2022. The performance bond will be
effective January 1, 2022, initially in the amount of $4.3 million,
and it will be renewed annually. This amount covers the annual
amount of Independent Spent Fuel Storage Installation (ISFSI)
operation and maintenance (O&M) costs projected for 2022-2024. If a
settlement is not reached by January 1, 2024, this amount will be
increased to $9.3 million, which covers the annual amount of ISFSI
O&M costs projected for years after 2024.
IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b),
the license amendment that makes changes, as indicated in Enclosure
2 to the cover letter forwarding this Order, to conform the license
to reflect the subject direct and indirect license transfer, is
approved. The amendment shall be issued and made effective within 30
days of the date of when the proposed direct and indirect license
transfer action is completed.
IT IS FURTHER ORDERED that NorthStar NDC and NorthStar VY shall,
at least 2 business days prior to closing, inform the Directors of
NMSS and NRR in writing of the date of closing of the license
transfer for VY and the ISFSI. Should the transfer of the license
not be completed within 1 year of this Order's date of issuance,
this Order shall become null and void; provided, however, that 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 initial
application dated February 9, 2017, as supplemented by letters dated
April 6, 2017, August 22, 2017, August 28, 2017, December 4, 2017,
December 22, 2017, May 21, 2018, and June 28, 2018, and the
associated NRC safety evaluation dated October 11, 2018, which are
available for public inspection at the Commission's Public Document
Room (PDR), located at One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland. Publicly available documents are
accessible electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons who encounter problems
with ADAMS should contact the NRC's PDR reference staff by telephone
at 1-800-397-4209 or 301-415[dash]4737 or by e[dash]mail to
[email protected].
Dated at Rockville, Maryland this 11th day of October 2018.
For the Nuclear Regulatory Commission.
/RA/
Marc L. Dapas,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-22768 Filed 10-18-18; 8:45 am]
BILLING CODE 7590-01-P
