In the Matter of Entergy Nuclear Generation Company, Entergy Nuclear Operations, Inc., Holtec Pilgrim, LLC, Holtec Decommissioning International, LLC, and Pilgrim Nuclear Power Station, 45176-45178 [2019-18506]
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45176
Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices
three calendar years in order to verify
royalty payments. SoundExchange must
first file with the Judges a notice of
intent to audit a licensee and deliver the
notice to the licensee. See, e.g., 37 CFR
380.6(c).
On July 29, 2019, SoundExchange
filed with the Judges a notice of intent
to audit Sirius XM Radio Inc.’s
Commercial Webcaster service,
Preexisting Satellite Digital Audio Radio
Service, New Subscription Service, and
Business Establishment Service for
transmissions terminating in the United
States for the year 2018.1 The Judges
must publish notice in the Federal
Register within 30 days of receipt of a
notice announcing the Collective’s
intent to conduct an audit. See id.
Today’s notice fulfills this requirement
with respect to SoundExchange’s notice
of intent to audit filed July 29, 2019.
Dated: August 23, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019–18549 Filed 8–27–19; 8:45 am]
BILLING CODE 1410–72–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–293 and 72–1044; NRC–
2018–0279]
In the Matter of Entergy Nuclear
Generation Company, Entergy Nuclear
Operations, Inc., Holtec Pilgrim, LLC,
Holtec Decommissioning International,
LLC, and Pilgrim 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–35 for the Pilgrim Nuclear Power
Station (Pilgrim), and its general license
for the Pilgrim Independent Spent Fuel
Storage Installation, from the currently
licensed operator, Entergy Nuclear
Operations, Inc. (ENOI), to Holtec
Decommissioning International, LLC
(HDI). This Order also approves the
indirect transfer of control of Entergy
Nuclear Generation Company’s (ENGC)
ownership interests in the facility to
Holtec International (Holtec). The NRC
is also issuing a conforming amendment
for the facility operating license for
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SUMMARY:
1 The notice does not include an intent to audit
statutory license payments made by Pandora Media,
LLC or its predecessor company, Pandora Media,
Inc.
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administrative purposes to reflect the
direct transfer of the license from ENOI
to HDI and the planned name change for
ENGC, from ENGC to Holtec Pilgrim,
LLC (Holtec Pilgrim).
DATES: The Order was issued on August
22, 2019, and is effective for one year.
ADDRESSES: Please refer to Docket ID
NRC–2018–0279 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–2018–0279. Address
questions about NRC 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 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 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 Package Accession No.
ML19170A147.
• 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:
Scott P. Wall, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2855, email:
Scott.Wall@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Rockville, Maryland, this 22nd
day of August, 2019.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing
Branch III, Division of Operator Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—
Order Approving the Direct and Indirect
Transfer of Licenses.
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50-293 and 72-1044; NRC2018-0279]
In the Matter of Entergy Nuclear
Generation Company and Entergy
Nuclear Operations, Inc. Pilgrim
Nuclear Power Station
ORDER APPROVING DIRECT AND
INDIRECT TRANSFER OF LICENSE
AND CONFORMING AMENDMENT
I.
Entergy Nuclear Operations, Inc.
(ENOI) and Entergy Nuclear Generation
Company (ENGC) are the holders of
Renewed Facility Operating License No.
DPR-35, for the Pilgrim Nuclear Power
Station (Pilgrim), and the general
license for the Pilgrim Independent
Spent Fuel Storage Installation (ISFSI).
Pilgrim permanently ceased operations
on May 31, 2019. 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 June 10, 2019
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML19161A033), ENOI
certified to the U.S. Nuclear Regulatory
Commission (NRC) that it had
permanently ceased operations at
Pilgrim and that all fuel had been
permanently removed from the reactor.
Therefore, pursuant to 10 CFR
50.82(a)(2), operations at Pilgrim are no
longer authorized under the license
issued under 10 CFR part 50, ‘‘Domestic
Licensing of Production and Utilization
Facilities,’’ and ENOI and ENGC are
licensed to possess, but not use or
operate, Pilgrim under Renewed Facility
Operating License No. DPR-35, subject
to the conditions specified therein. The
Pilgrim site is located in the town of
Plymouth, Massachusetts, in Plymouth
County on Cape Cod Bay.
II.
By letter dated November 16, 2018
(ADAMS Accession No. ML18320A031),
and as supplemented by letters dated
November 16, 2018, April 17, 2019, and
July 29, 2019 (ADAMS Accession Nos.
ML18320A040, ML19109A177, and
ML19210E470, respectively), ENOI, on
behalf of itself and ENGC (to be known
as Holtec Pilgrim, LLC), Holtec
International (Holtec), and Holtec
Decommissioning International, LLC
(HDI) (together, the Applicants),
requested that the NRC consent to the
proposed direct and indirect transfer of
the Pilgrim Renewed Facility Operating
License No. DPR-35 and the general
license for the Pilgrim ISFSI
(collectively referred to as the facility).
Specifically, the Applicants requested
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Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices
that the NRC consent to the direct
transfer of ENOI’s currently licensed
authority (licensed operator for
decommissioning) to HDI. In addition,
the Applicants requested the indirect
transfer of control of ENGC’s ownership
interests in the facility licenses to
Holtec. The Applicants also requested
that the NRC approve a conforming
administrative amendment to the
facility licenses to reflect the proposed
direct transfer of the license from ENOI
to HDI, as well as a planned name
change from ENGC to Holtec Pilgrim.
The Applicants submitted these direct
and indirect transfer requests to the
NRC for approval under Section 184,
‘‘Inalienability of Licenses,’’ of the
Atomic Energy Act of 1954, as amended
(AEA); 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.’’
ENOI and ENGC intend to transfer the
licensed possession, maintenance, and
decommissioning authorities to HDI to
implement expedited decommissioning
at Pilgrim. Following approval and
implementation of the proposed direct
transfer of control of the license, HDI
would assume licensed responsibility
for Pilgrim through the direct transfer of
ENOI’s responsibility for licensed
activities at Pilgrim to HDI. If the
proposed indirect transfer of control is
approved, ENGC would change its name
to Holtec Pilgrim, LLC (Holtec Pilgrim),
but the same legal entity would
continue to exist before and after the
proposed transfer. Holtec Pilgrim would
also enter into an operating agreement
with HDI, which provides for HDI to act
as Holtec Pilgrim’s agent and for HDI to
pay Holtec Pilgrim’s costs of operation,
including all decommissioning costs.
Holtec Pilgrim would own the Pilgrim
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. Upon the
proposed license transfer, HDI 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. HDI’s licensed activities will
involve possessing and disposing of
radioactive material, maintaining the
facility in a safe condition (including
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handling, storing, controlling, and
protecting the spent fuel),
decommissioning and decontaminating
the facility, and maintaining the ISFSI
until it can be decommissioned, each in
accordance with the license and NRC
regulations.
The NRC published the notice of NRC
consideration of the license transfer
application in the Federal Register (FR)
on January 31, 2019 (84 FR 816), and
included an opportunity to comment,
request a hearing, and petition for leave
to intervene. On February 20, 2019
(ADAMS Accession No. ML19051A114),
the Commonwealth of Massachusetts
filed a request for a hearing and petition
for leave to intervene, submitting two
contentions challenging the proposed
license transfer. On February 20, 2019
(ADAMS Accession No. ML19051A019),
Pilgrim Watch also filed a request for a
hearing and petition for leave to
intervene with two contentions
challenging the proposed license
transfer. On April 24, 2019 (ADAMS
Accession No. ML19114A519), the
Commonwealth of Massachusetts filed a
motion to supplement its motion to
intervene and request for hearing with
new information. On April 26, 2019
(ADAMS Accession No. ML19116A162)
and May 9, 2019 (ADAMS Accession
No. ML19129A473), Pilgrim Watch filed
motions to supplement its motion to
intervene and request for hearing with
new information. On July 16, 2019
(ADAMS Accession No. ML19197A330),
Pilgrim Watch submitted a motion to
file a new contention. On August 1,
2019 (ADAMS Accession No.
ML19213A313), the Commonwealth of
Massachusetts filed a motion to stay the
license transfer proceeding for 90 days
to permit the completion of settlement
negotiations. These requests are
currently pending before the
Commission. The NRC also received
public comments on this application for
license transfer, which are summarized
in the safety evaluation for this license
transfer request.
The NRC staff notes, in Enclosure 2 of
the application dated November 16,
2018, in support of the license transfer
request, that the Applicants submitted a
request for an exemption to 10 CFR
50.82(a)(8)(i)(A) to allow Holtec Pilgrim
and HDI to make withdrawals from the
Pilgrim decommissioning trust fund for
spent fuel management and site
restoration activities. The staff approved
the exemption request on August 22,
2019 (ADAMS Accession No.
ML19192A083). The NRC is issuing the
exemption to Holtec Pilgrim and HDI
simultaneously with this Order.
Pursuant to 10 CFR 50.80, no license
for a production or utilization facility,
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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 Holtec Pilgrim and HDI
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 the 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 Pilgrim
license to reflect the direct and indirect
transfer of the Pilgrim 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,
and the Commission’s rules and
regulations set forth in 10 CFR Chapter
I, ‘‘Nuclear Regulatory Commission.’’
(2) There is reasonable assurance that
the activities authorized by the
proposed license amendment can be
conducted without endangering public
health and safety 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 public health and safety.
(4) The issuance of the proposed
license amendment is 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 an NRC safety evaluation
dated August 22, 2019, which is
available at ADAMS Accession No.
ML19170A250.
III.
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended; 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
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45178
Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices
approved for Pilgrim and the ISFSI,
subject to the following conditions:
(1) Prior to the closing of the license
transfer, Holtec Pilgrim and HDI 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.
(2) The NRC staff’s approval of this
license transfer is subject to the
Commission’s authority to rescind,
modify, or condition the approved
transfer based on the outcome of any
post-effectiveness hearing on the license
transfer application. For example, if the
Commission overturns the NRC staff’s
approval of this license transfer, this
Order and any conforming amendments
reflecting this transfer, will be
rescinded, and the Applicants must
return the plant ownership to the status
quo ante and revert to the conditions
existing before the transfer.
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 when the proposed
direct and indirect license transfer
action is completed.
IT IS FURTHER ORDERED that Holtec
Pilgrim and HDI 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 Pilgrim 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
November 16, 2018, as supplemented by
letters dated November 16, 2018, April
17, and July 29, 2019, and the associated
NRC safety evaluation dated August 22,
2019, which are available for public
inspection at the Commission’s Public
Document Room, 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/
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reading-rm/adams.html. Persons who
encounter problems with ADAMS
should contact the NRC’s Public
Document Room 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 22nd day
of August, 2019.
FOR THE NUCLEAR REGULATORY
COMMISSION
Ho K. Nieh,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2019–18506 Filed 8–27–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2019–0001]
Sunshine Act Meetings
Weeks of August 26,
September 2, 9, 16, 23, 30, 2019.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Week of August 26, 2019
There are no meetings scheduled for
the week of August 26, 2019.
schedule for Commission meetings is
subject to change on short notice.
The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify
Kimberly Meyer-Chambers, NRC
Disability Program Manager, at 301–
287–0739, by videophone at 240–428–
3217, or by email at Kimberly.MeyerChambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or by email at
Wendy.Moore@nrc.gov or Tyesha.Bush@
nrc.gov.
The NRC is holding the meetings
under the authority of the Government
in the Sunshine Act, 5 U.S.C. 552b.
Week of September 2, 2019—Tentative
There are no meetings scheduled for
the week of September 2, 2019.
Dated at Rockville, Maryland, this 26th day
of August, 2019.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
Week of September 9, 2019—Tentative
[FR Doc. 2019–18702 Filed 8–26–19; 4:15 pm]
Monday, September 9, 2019
10:00 a.m. NRC All Employees Meeting
(Public Meeting), Marriott Bethesda
North Hotel, 5701 Marinelli Road,
Rockville, MD 20852
Tuesday, September 10, 2019
10:00 a.m. Briefing on NRC
International Activities (Closed—
Ex. 1 & 9)
Week of September 16, 2019—Tentative
There are no meetings scheduled for
the week of September 16, 2019.
Week of September 23, 2019—Tentative
There are no meetings scheduled for
the week of September 23, 2019.
Week of September 30, 2019—Tentative
There are no meetings scheduled for
the week of September 30, 2019.
CONTACT PERSON FOR MORE INFORMATION:
For more information or to verify the
status of meetings, contact Denise
McGovern at 301–415–0681 or via email
at Denise.McGovern@nrc.gov. The
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BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–293; NRC–2019–0152]
Entergy Nuclear Operations, Inc.;
Pilgrim Nuclear Power Station
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a November
16, 2018, request from Entergy Nuclear
Operations, Inc. (ENOI), on behalf of
Entergy Nuclear Generation Company
(to be renamed Holtec Pilgrim, LLC) and
Holtec Decommissioning International,
LLC (HDI). The exemption permits
Holtec Pilgrim, LLC and HDI to use
funds from the Pilgrim
decommissioning trust fund for
management of spent fuel and site
restoration activities. By Order dated
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45176-45178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18506]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-293 and 72-1044; NRC-2018-0279]
In the Matter of Entergy Nuclear Generation Company, Entergy
Nuclear Operations, Inc., Holtec Pilgrim, LLC, Holtec Decommissioning
International, LLC, and Pilgrim 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-35 for the Pilgrim Nuclear Power Station (Pilgrim), and
its general license for the Pilgrim Independent Spent Fuel Storage
Installation, from the currently licensed operator, Entergy Nuclear
Operations, Inc. (ENOI), to Holtec Decommissioning International, LLC
(HDI). This Order also approves the indirect transfer of control of
Entergy Nuclear Generation Company's (ENGC) ownership interests in the
facility to Holtec International (Holtec). The NRC is also issuing a
conforming amendment for the facility operating license for
administrative purposes to reflect the direct transfer of the license
from ENOI to HDI and the planned name change for ENGC, from ENGC to
Holtec Pilgrim, LLC (Holtec Pilgrim).
DATES: The Order was issued on August 22, 2019, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2018-0279 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-2018-0279. Address
questions about NRC 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 Package Accession No.
ML19170A147.
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: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 22nd day of August, 2019.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operator Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--
Order Approving the Direct and Indirect Transfer of Licenses.
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-293 and 72-1044; NRC-2018-0279]
In the Matter of Entergy Nuclear Generation Company and Entergy Nuclear
Operations, Inc. Pilgrim Nuclear Power Station
ORDER APPROVING DIRECT AND INDIRECT TRANSFER OF LICENSE AND CONFORMING
AMENDMENT
I.
Entergy Nuclear Operations, Inc. (ENOI) and Entergy Nuclear
Generation Company (ENGC) are the holders of Renewed Facility Operating
License No. DPR[dash]35, for the Pilgrim Nuclear Power Station
(Pilgrim), and the general license for the Pilgrim Independent Spent
Fuel Storage Installation (ISFSI). Pilgrim permanently ceased
operations on May 31, 2019. 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 June 10, 2019 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML19161A033), ENOI certified to the U.S.
Nuclear Regulatory Commission (NRC) that it had permanently ceased
operations at Pilgrim and that all fuel had been permanently removed
from the reactor. Therefore, pursuant to 10 CFR 50.82(a)(2), operations
at Pilgrim are no longer authorized under the license issued under 10
CFR part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' and ENOI and ENGC are licensed to possess, but not use or
operate, Pilgrim under Renewed Facility Operating License No. DPR-35,
subject to the conditions specified therein. The Pilgrim site is
located in the town of Plymouth, Massachusetts, in Plymouth County on
Cape Cod Bay.
II.
By letter dated November 16, 2018 (ADAMS Accession No.
ML18320A031), and as supplemented by letters dated November 16, 2018,
April 17, 2019, and July 29, 2019 (ADAMS Accession Nos. ML18320A040,
ML19109A177, and ML19210E470, respectively), ENOI, on behalf of itself
and ENGC (to be known as Holtec Pilgrim, LLC), Holtec International
(Holtec), and Holtec Decommissioning International, LLC (HDI)
(together, the Applicants), requested that the NRC consent to the
proposed direct and indirect transfer of the Pilgrim Renewed Facility
Operating License No. DPR-35 and the general license for the Pilgrim
ISFSI (collectively referred to as the facility). Specifically, the
Applicants requested
[[Page 45177]]
that the NRC consent to the direct transfer of ENOI's currently
licensed authority (licensed operator for decommissioning) to HDI. In
addition, the Applicants requested the indirect transfer of control of
ENGC's ownership interests in the facility licenses to Holtec. The
Applicants also requested that the NRC approve a conforming
administrative amendment to the facility licenses to reflect the
proposed direct transfer of the license from ENOI to HDI, as well as a
planned name change from ENGC to Holtec Pilgrim. The Applicants
submitted these direct and indirect transfer requests to the NRC for
approval under Section 184, ``Inalienability of Licenses,'' of the
Atomic Energy Act of 1954, as amended (AEA); 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.''
ENOI and ENGC intend to transfer the licensed possession,
maintenance, and decommissioning authorities to HDI to implement
expedited decommissioning at Pilgrim. Following approval and
implementation of the proposed direct transfer of control of the
license, HDI would assume licensed responsibility for Pilgrim through
the direct transfer of ENOI's responsibility for licensed activities at
Pilgrim to HDI. If the proposed indirect transfer of control is
approved, ENGC would change its name to Holtec Pilgrim, LLC (Holtec
Pilgrim), but the same legal entity would continue to exist before and
after the proposed transfer. Holtec Pilgrim would also enter into an
operating agreement with HDI, which provides for HDI to act as Holtec
Pilgrim's agent and for HDI to pay Holtec Pilgrim's costs of operation,
including all decommissioning costs. Holtec Pilgrim would own the
Pilgrim 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. Upon the proposed license transfer,
HDI 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.
HDI's licensed activities will involve possessing and disposing of
radioactive material, maintaining the facility in a safe condition
(including handling, storing, controlling, and protecting the spent
fuel), decommissioning and decontaminating the facility, and
maintaining the ISFSI until it can be decommissioned, each in
accordance with the license and NRC regulations.
The NRC published the notice of NRC consideration of the license
transfer application in the Federal Register (FR) on January 31, 2019
(84 FR 816), and included an opportunity to comment, request a hearing,
and petition for leave to intervene. On February 20, 2019 (ADAMS
Accession No. ML19051A114), the Commonwealth of Massachusetts filed a
request for a hearing and petition for leave to intervene, submitting
two contentions challenging the proposed license transfer. On February
20, 2019 (ADAMS Accession No. ML19051A019), Pilgrim Watch also filed a
request for a hearing and petition for leave to intervene with two
contentions challenging the proposed license transfer. On April 24,
2019 (ADAMS Accession No. ML19114A519), the Commonwealth of
Massachusetts filed a motion to supplement its motion to intervene and
request for hearing with new information. On April 26, 2019 (ADAMS
Accession No. ML19116A162) and May 9, 2019 (ADAMS Accession No.
ML19129A473), Pilgrim Watch filed motions to supplement its motion to
intervene and request for hearing with new information. On July 16,
2019 (ADAMS Accession No. ML19197A330), Pilgrim Watch submitted a
motion to file a new contention. On August 1, 2019 (ADAMS Accession No.
ML19213A313), the Commonwealth of Massachusetts filed a motion to stay
the license transfer proceeding for 90 days to permit the completion of
settlement negotiations. These requests are currently pending before
the Commission. The NRC also received public comments on this
application for license transfer, which are summarized in the safety
evaluation for this license transfer request.
The NRC staff notes, in Enclosure 2 of the application dated
November 16, 2018, in support of the license transfer request, that the
Applicants submitted a request for an exemption to 10 CFR
50.82(a)(8)(i)(A) to allow Holtec Pilgrim and HDI to make withdrawals
from the Pilgrim decommissioning trust fund for spent fuel management
and site restoration activities. The staff approved the exemption
request on August 22, 2019 (ADAMS Accession No. ML19192A083). The NRC
is issuing the exemption to Holtec Pilgrim and HDI 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 Holtec Pilgrim and HDI 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 the 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
Pilgrim license to reflect the direct and indirect transfer of the
Pilgrim 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, and the Commission's rules and regulations set forth in 10
CFR Chapter I, ``Nuclear Regulatory Commission.''
(2) There is reasonable assurance that the activities authorized by
the proposed license amendment can be conducted without endangering
public health and safety 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 public health and
safety.
(4) The issuance of the proposed license amendment is 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 an NRC safety
evaluation dated August 22, 2019, which is available at ADAMS Accession
No. ML19170A250.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended; 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
[[Page 45178]]
approved for Pilgrim and the ISFSI, subject to the following
conditions:
(1) Prior to the closing of the license transfer, Holtec Pilgrim
and HDI 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.
(2) The NRC staff's approval of this license transfer is subject to
the Commission's authority to rescind, modify, or condition the
approved transfer based on the outcome of any post-effectiveness
hearing on the license transfer application. For example, if the
Commission overturns the NRC staff's approval of this license transfer,
this Order and any conforming amendments reflecting this transfer, will
be rescinded, and the Applicants must return the plant ownership to the
status quo ante and revert to the conditions existing before the
transfer.
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 when the proposed direct and indirect license transfer action is
completed.
IT IS FURTHER ORDERED that Holtec Pilgrim and HDI 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 Pilgrim 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 November 16, 2018, as supplemented by letters dated
November 16, 2018, April 17, and July 29, 2019, and the associated NRC
safety evaluation dated August 22, 2019, which are available for public
inspection at the Commission's Public Document Room, 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 Public Document Room reference staff by telephone at
1[dash]800[dash]397[dash]4209 or 301[dash]415[dash]4737 or by
e[dash]mail to [email protected].
Dated at Rockville, Maryland this 22nd day of August, 2019.
FOR THE NUCLEAR REGULATORY COMMISSION
Ho K. Nieh,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-18506 Filed 8-27-19; 8:45 am]
BILLING CODE 7590-01-P
