In the Matter of Dairyland Power Cooperative; La Crosse Boiling Water Reactor, 52146-52148 [2019-21303]
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52146
Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices
V. Authority and Signature
Loren Sweatt, Principal Deputy
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on September
25, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
[FR Doc. 2019–21234 Filed 9–30–19; 8:45 am]
BILLING CODE 4510–26–P
SLTPS–PAC in accordance with
Executive Order 13549.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2019–21230 Filed 9–30–19; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–409 and 72–046; EA–19–
077; NRC–2019–0110]
In the Matter of Dairyland Power
Cooperative; La Crosse Boiling Water
Reactor
U.S. Nuclear Regulatory
Commission.
ACTION: Direct transfer of license; order.
AGENCY:
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2019–008]
Renewal of State, Local, Tribal, and
Private Sector Policy Advisory
Committee
National Archives and Records
Administration.
ACTION: Notice of Federal Advisory
Committee charter renewal.
jbell on DSK3GLQ082PROD with NOTICES
AGENCY:
SUMMARY: NARA has renewed the
charter for its State, Local, Tribal, and
Private Sector Policy Advisory
Committee (SLTPS–PAC). The General
Services Administration included the
SLTPS–PAC in NARA’s ceiling of
approved Federal advisory committees.
DATES: The charter will run for two
years, until December 15, 2020.
ADDRESSES: NARA staff supporting the
Committee are located at National
Archives and Records Administration;
700 Pennsylvania Avenue, NW;
Information Security Oversight Office;
Washington, DC 20408.
FOR FURTHER INFORMATION CONTACT:
Miranda Andreacchio, NARA
Committee Management Officer, by
telephone at 202–357–7467.
SUPPLEMENTARY INFORMATION: NARA
determined that renewing the SLTPS–
PAC was in the public interest due to
the expertise and valuable advice the
Committee members provide. NARA
will use the Committee’s
recommendations on issues related to
the Classified National Security
Information Program for State, Local,
Tribal, and Private Sector Entities.
NARA renewed the charter in
accordance with provisions of section
9(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92–463, 5
U.S.C., App.). GSA approved the
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SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving the direct transfer of
Possession Only License No. DPR–45 for
the La Crosse Boiling Water Reactor
(LACBWR), with respect to NRClicensed possession, maintenance, and
decommissioning authorities, from the
current holder, LaCrosseSolutions, LLC
(LS), to Dairyland Power Cooperative
(DPC), which held these authorities
prior to transferring them to LS on June
1, 2016, and which is currently the
licensed owner of LACBWR. The NRC is
also amending the facility operating
license for administrative purposes to
reflect the license transfer from LS to
DPC. The NRC determined that DPC is
qualified to be the holder of the license
and that the transfer of the license is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission. The
Order approving the transfer of the
LACBWR license to DPC became
effective on September 24, 2019.
DATES: The Order was issued on
September 24, 2019, and is effective for
one year.
ADDRESSES: Please refer to Docket ID
NRC–2019–0110 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–2019–0110. 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.
PO 00000
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• 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.
ML19008A396, ML19008A397, and
ML19008A394, 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:
Marlayna Vaaler Doell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3178; email: marlayna.doell@
nrc.gov.
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated at Rockville, Maryland, this 26th day
of September, 2019.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety
and Safeguards.
Attachment—Order Approving the
Transfer of License and Conforming
Amendment
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of LaCrosseSolutions,
LLC, La Crosse Boiling Water Reactor
EA–19–077
Docket Nos.: 50–409 and 72–046
License No.: DPR–45
ORDER APPROVING THE TRANSFER
OF LICENSE AND CONFORMING
AMENDMENT
I.
LaCrosseSolutions, LLC (LS) is the
holder of Possession Only License No.
DPR–45, with respect to the possession,
maintenance, and decommissioning of
the La Crosse Boiling Water Reactor
(LACBWR). LACBWR was an Atomic
Energy Commission (AEC)
Demonstration Project Reactor that first
achieved criticality in 1967, that
commenced commercial operation in
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01OCN1
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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices
November 1969, and that was capable of
producing 50 megawatts of electricity.
LACBWR is located on the east bank of
the Mississippi River in Vernon County,
Wisconsin, about 1 mile south of the
Village of Genoa, Wisconsin, and
approximately 19 miles south of the city
of La Crosse, Wisconsin, and is colocated with the Genoa Generating
Station (Genoa 3), which is a coal-fired
power plant that is still in operation.
The Allis-Chalmers Company was the
original licensee of LACBWR; the AEC
later sold the plant to the Dairyland
Power Cooperative (DPC) and granted it
Provisional Operating License No. DPR–
45 on August 28, 1973.
LACBWR permanently ceased
operations on April 30, 1987. DPC
applied to amend the LACBWR license
to a possession-only license on May 22,
1987, and completed reactor defueling
on June 11, 1987. In a letter dated
August 4, 1987, the NRC terminated
DPC’s authority to operate LACBWR
and granted the licensee possess-butnot-operate status. By letter dated
August 18, 1988, the NRC amended
DPC’s license to reflect the permanently
defueled configuration at LACBWR.
The NRC issued an order authorizing
the decommissioning of LACBWR and
approving the licensee’s proposed
Decommissioning Plan (DP) on August
7, 1991. Because the NRC approved
DPC’s DP before August 28, 1996 (the
effective date of an NRC final rule
concerning power reactor
decommissioning (61 FR 39278; July 29,
1996)), the DP is considered the PostShutdown Decommissioning Activities
Report (PSDAR) for LACBWR. The
PSDAR public meeting was held on May
13, 1998, and subsequent updates to the
LACBWR decommissioning report have
combined the DP and PSDAR into the
‘‘LACBWR Decommissioning Plan and
Post-Shutdown Decommissioning
Activities Report.’’ DPC constructed an
onsite Independent Spent Fuel Storage
Installation (ISFSI) and completed the
movement of all 333 spent nuclear fuel
elements from the Fuel Element Storage
Well to dry cask storage at the ISFSI by
September 19, 2012.
By order dated May 20, 2016, the NRC
approved the direct transfer of
Possession Only License No. DPR–45 for
LACBWR from DPC to LS, a whollyowned subsidiary of EnergySolutions,
LLC, which was created for the sole
purpose of completing the
dismantlement and remediation
activities at the LACBWR site. The order
was published in the Federal Register
on June 2, 2016 (81 FR 35383). The
transfer assigned DPC’s NRC-licensed
possession, maintenance, and
decommissioning authorities for
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LACBWR to LS in order to implement
expedited decommissioning at the
LACBWR site. Final decommissioning
activities at LACBWR are scheduled to
be completed in 2019 and the LACBWR
License Termination Plan (LTP) was
approved by the NRC on May 21, 2019.
II.
By letter dated June 27, 2018
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML18184A444), as
supplemented by letter dated December
3, 2018 (ADAMS Accession No.
ML18341A138), LS and DPC
(collectively, the applicants) submitted
an application, pursuant to Section 184
of the Atomic Energy Act of 1954, as
amended, and Section 50.80, ‘‘Transfer
of licenses,’’ of Title 10 of the Code of
Federal Regulations (10 CFR),
requesting NRC consent for the direct
transfer of LS’s Possession Only License
No. DPR–45 for LACBWR to DPC.
Specifically, LS intends to transfer its
NRC-licensed possession, maintenance,
and decommissioning authorities back
to DPC upon the completion of
decommissioning activities at the
LACBWR site.
DPC is currently the licensed owner
of LACBWR; it holds title to and
ownership of the real estate
encompassing most of the LACBWR
site, as well as lease hold interests for
the remaining portions of the site; title
to and ownership of the spent nuclear
fuel; and title to and ownership of all
improvements at the LACBWR site. LS
currently maintains a lease for the
above-ground LACBWR structures
(other than the LACBWR ISFSI) and
previously assumed responsibility for
all NRC-licensed activities at the
LACBWR site, including responsibility
under the license to complete
decommissioning. LS will relinquish
any remaining lease rights it holds at the
site upon the completion of
decommissioning.
Upon the execution of the license
transfer, DPC will maintain the onsite
ISFSI and the ultimate disposition of the
spent nuclear fuel will be provided for
under the terms of DPC’s Standard
Contract for Disposal of Spent Nuclear
Fuel and/or High Level Waste with the
U.S. Department of Energy. DPC will
also continue to maintain its nuclear
decommissioning trust, an external trust
in which funds are segregated from its
assets and outside its administrative
control, in accordance with the
requirements of 10 CFR 50.75(e)(1).
The application also requested
approval of a conforming amendment to
the license pursuant to 10 CFR 50.80
and 10 CFR 50.90, ‘‘Application for
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52147
amendment of license, construction
permit, or early site permit.’’ No
physical or operational changes to the
facility were requested beyond those
encompassed in the LACBWR PSDAR
and LTP. Notice of the application was
published in the Federal Register on
October 11, 2018 (83 FR 51509). The
supplemental letter dated December 3,
2018, provided additional information
that clarified the application, did not
expand the scope of the application as
originally noticed, and did not change
the NRC staff’s no significant hazards
consideration determination. No
requests for hearing or comments were
received.
Pursuant to 10 CFR 50.80, no license,
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 DPC is qualified to be
the holder of the license and that the
transfer of the license to DPC, 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 LACBWR
license to reflect the transfer to DPC, 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 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, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions,’’ of the Commission’s
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52148
Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices
regulations and all applicable
requirements have been satisfied.
The findings set forth above are
supported by an NRC safety evaluation
dated September 24, 2019, which is
available at ADAMS Accession No.
ML19008A397.
III.
Accordingly, pursuant to Sections
161b, 161i, and 184 of the Act, 42 U.S.C.
Sections 2201(b), 2201(i), and 2234; and
10 CFR 50.80, it is hereby ordered that
the transfer of the license, as described
herein, to DPC is approved, subject to
the following condition:
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Prior to the closing of the license transfer
from LS to DPC, DPC shall provide
satisfactory documentary evidence to the
Director of the Office of Nuclear Material
Safety and Safeguards (NMSS) at the NRC
that it has obtained or continues to possess
the appropriate amount of insurance required
of a licensee under 10 CFR 140.12 and 10
CFR 50.54(w) of the Commission’s
regulations, consistent with the exemptions
issued to LACBWR on June 26, 1986, and
July 24, 2018.
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
license transfer is approved. The
amendment shall be issued and made
effective at the time the proposed direct
license transfer is completed.
It is further ordered that, after receipt
of all required regulatory approvals of
the proposed direct license transfer,
DPC shall inform the Director of NMSS
in writing of such receipt, and of the
date of closing of the transfer, no later
than 2 business days prior to the date of
closing of the direct license transfer.
Should the proposed direct license
transfer 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 application dated June
27, 2018, as supplemented by letter
dated December 3, 2018, and the
associated NRC safety evaluation dated
September 24, 2019, which are available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available documents
created or received at the NRC are
accessible electronically through
ADAMS in the NRC Library at https://
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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 email
to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 24th day
of September 2019.
For The Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2019–21303 Filed 9–30–19; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2019–204 and CP2019–226;
MC2019–205 and CP2019–227; MC2019–206
and CP2019–228]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
negotiated service agreements. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: October 3,
2019.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
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Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3007.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3010, and 39
CFR part 3020, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3015, and
39 CFR part 3020, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2019–204 and
CP2019–226; Filing Title: USPS Request
to Add Priority Mail Express & Priority
Mail Contract 99 to Competitive Product
List and Notice of Filing Materials
Under Seal; Filing Acceptance Date:
September 25, 2019; Filing Authority: 39
U.S.C. 3642, 39 CFR 3020.30 et seq., and
39 CFR 3015.5; Public Representative:
Christopher C. Mohr; Comments Due:
October 3, 2019.
2. Docket No(s).: MC2019–205 and
CP2019–227; Filing Title: USPS Request
to Add Priority Mail Contract 552 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: September 25, 2019;
Filing Authority: 39 U.S.C. 3642, 39 CFR
3020.30 et seq., and 39 CFR 3015.5;
Public Representative: Christopher C.
Mohr; Comments Due: October 3, 2019.
3. Docket No(s).: MC2019–206 and
CP2019–228; Filing Title: USPS Request
to Add First-Class Package Service
Contract 104 to Competitive Product
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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]]>Agencies
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52146-52148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21303]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-409 and 72-046; EA-19-077; NRC-2019-0110]
In the Matter of Dairyland Power Cooperative; La Crosse Boiling
Water Reactor
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Direct transfer of license; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving the direct transfer of Possession Only License No. DPR-
45 for the La Crosse Boiling Water Reactor (LACBWR), with respect to
NRC-licensed possession, maintenance, and decommissioning authorities,
from the current holder, LaCrosseSolutions, LLC (LS), to Dairyland
Power Cooperative (DPC), which held these authorities prior to
transferring them to LS on June 1, 2016, and which is currently the
licensed owner of LACBWR. The NRC is also amending the facility
operating license for administrative purposes to reflect the license
transfer from LS to DPC. The NRC determined that DPC is qualified to be
the holder of the license and that the transfer of the license is
otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission. The Order approving the transfer
of the LACBWR license to DPC became effective on September 24, 2019.
DATES: The Order was issued on September 24, 2019, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2019-0110 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-2019-0110. 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 under Accession Nos.
ML19008A396, ML19008A397, and ML19008A394, 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: Marlayna Vaaler Doell, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-3178; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 26th day of September, 2019.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment--Order Approving the Transfer of License and Conforming
Amendment
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of LaCrosseSolutions, LLC, La Crosse Boiling Water
Reactor EA-19-077
Docket Nos.: 50-409 and 72-046
License No.: DPR-45
ORDER APPROVING THE TRANSFER OF LICENSE AND CONFORMING AMENDMENT
I.
LaCrosseSolutions, LLC (LS) is the holder of Possession Only
License No. DPR-45, with respect to the possession, maintenance, and
decommissioning of the La Crosse Boiling Water Reactor (LACBWR). LACBWR
was an Atomic Energy Commission (AEC) Demonstration Project Reactor
that first achieved criticality in 1967, that commenced commercial
operation in
[[Page 52147]]
November 1969, and that was capable of producing 50 megawatts of
electricity. LACBWR is located on the east bank of the Mississippi
River in Vernon County, Wisconsin, about 1 mile south of the Village of
Genoa, Wisconsin, and approximately 19 miles south of the city of La
Crosse, Wisconsin, and is co-located with the Genoa Generating Station
(Genoa 3), which is a coal-fired power plant that is still in
operation. The Allis-Chalmers Company was the original licensee of
LACBWR; the AEC later sold the plant to the Dairyland Power Cooperative
(DPC) and granted it Provisional Operating License No. DPR-45 on August
28, 1973.
LACBWR permanently ceased operations on April 30, 1987. DPC applied
to amend the LACBWR license to a possession-only license on May 22,
1987, and completed reactor defueling on June 11, 1987. In a letter
dated August 4, 1987, the NRC terminated DPC's authority to operate
LACBWR and granted the licensee possess-but-not-operate status. By
letter dated August 18, 1988, the NRC amended DPC's license to reflect
the permanently defueled configuration at LACBWR.
The NRC issued an order authorizing the decommissioning of LACBWR
and approving the licensee's proposed Decommissioning Plan (DP) on
August 7, 1991. Because the NRC approved DPC's DP before August 28,
1996 (the effective date of an NRC final rule concerning power reactor
decommissioning (61 FR 39278; July 29, 1996)), the DP is considered the
Post-Shutdown Decommissioning Activities Report (PSDAR) for LACBWR. The
PSDAR public meeting was held on May 13, 1998, and subsequent updates
to the LACBWR decommissioning report have combined the DP and PSDAR
into the ``LACBWR Decommissioning Plan and Post-Shutdown
Decommissioning Activities Report.'' DPC constructed an onsite
Independent Spent Fuel Storage Installation (ISFSI) and completed the
movement of all 333 spent nuclear fuel elements from the Fuel Element
Storage Well to dry cask storage at the ISFSI by September 19, 2012.
By order dated May 20, 2016, the NRC approved the direct transfer
of Possession Only License No. DPR-45 for LACBWR from DPC to LS, a
wholly-owned subsidiary of EnergySolutions, LLC, which was created for
the sole purpose of completing the dismantlement and remediation
activities at the LACBWR site. The order was published in the Federal
Register on June 2, 2016 (81 FR 35383). The transfer assigned DPC's
NRC-licensed possession, maintenance, and decommissioning authorities
for LACBWR to LS in order to implement expedited decommissioning at the
LACBWR site. Final decommissioning activities at LACBWR are scheduled
to be completed in 2019 and the LACBWR License Termination Plan (LTP)
was approved by the NRC on May 21, 2019.
II.
By letter dated June 27, 2018 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML18184A444), as supplemented
by letter dated December 3, 2018 (ADAMS Accession No. ML18341A138), LS
and DPC (collectively, the applicants) submitted an application,
pursuant to Section 184 of the Atomic Energy Act of 1954, as amended,
and Section 50.80, ``Transfer of licenses,'' of Title 10 of the Code of
Federal Regulations (10 CFR), requesting NRC consent for the direct
transfer of LS's Possession Only License No. DPR-45 for LACBWR to DPC.
Specifically, LS intends to transfer its NRC-licensed possession,
maintenance, and decommissioning authorities back to DPC upon the
completion of decommissioning activities at the LACBWR site.
DPC is currently the licensed owner of LACBWR; it holds title to
and ownership of the real estate encompassing most of the LACBWR site,
as well as lease hold interests for the remaining portions of the site;
title to and ownership of the spent nuclear fuel; and title to and
ownership of all improvements at the LACBWR site. LS currently
maintains a lease for the above-ground LACBWR structures (other than
the LACBWR ISFSI) and previously assumed responsibility for all NRC-
licensed activities at the LACBWR site, including responsibility under
the license to complete decommissioning. LS will relinquish any
remaining lease rights it holds at the site upon the completion of
decommissioning.
Upon the execution of the license transfer, DPC will maintain the
onsite ISFSI and the ultimate disposition of the spent nuclear fuel
will be provided for under the terms of DPC's Standard Contract for
Disposal of Spent Nuclear Fuel and/or High Level Waste with the U.S.
Department of Energy. DPC will also continue to maintain its nuclear
decommissioning trust, an external trust in which funds are segregated
from its assets and outside its administrative control, in accordance
with the requirements of 10 CFR 50.75(e)(1).
The application also requested approval of a conforming amendment
to the license pursuant to 10 CFR 50.80 and 10 CFR 50.90, ``Application
for amendment of license, construction permit, or early site permit.''
No physical or operational changes to the facility were requested
beyond those encompassed in the LACBWR PSDAR and LTP. Notice of the
application was published in the Federal Register on October 11, 2018
(83 FR 51509). The supplemental letter dated December 3, 2018, provided
additional information that clarified the application, did not expand
the scope of the application as originally noticed, and did not change
the NRC staff's no significant hazards consideration determination. No
requests for hearing or comments were received.
Pursuant to 10 CFR 50.80, no license, 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 DPC is
qualified to be the holder of the license and that the transfer of the
license to DPC, 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
LACBWR license to reflect the transfer to DPC, 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 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, ``Environmental Protection Regulations for
Domestic Licensing and Related Regulatory Functions,'' of the
Commission's
[[Page 52148]]
regulations and all applicable requirements have been satisfied.
The findings set forth above are supported by an NRC safety
evaluation dated September 24, 2019, which is available at ADAMS
Accession No. ML19008A397.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act,
42 U.S.C. Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, it is
hereby ordered that the transfer of the license, as described herein,
to DPC is approved, subject to the following condition:
Prior to the closing of the license transfer from LS to DPC, DPC
shall provide satisfactory documentary evidence to the Director of
the Office of Nuclear Material Safety and Safeguards (NMSS) at the
NRC that it has obtained or continues to possess the appropriate
amount of insurance required of a licensee under 10 CFR 140.12 and
10 CFR 50.54(w) of the Commission's regulations, consistent with the
exemptions issued to LACBWR on June 26, 1986, and July 24, 2018.
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 license transfer is approved. The amendment
shall be issued and made effective at the time the proposed direct
license transfer is completed.
It is further ordered that, after receipt of all required
regulatory approvals of the proposed direct license transfer, DPC shall
inform the Director of NMSS in writing of such receipt, and of the date
of closing of the transfer, no later than 2 business days prior to the
date of closing of the direct license transfer. Should the proposed
direct license transfer 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 application
dated June 27, 2018, as supplemented by letter dated December 3, 2018,
and the associated NRC safety evaluation dated September 24, 2019,
which are available for public inspection at the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available documents created or received at the NRC are
accessible electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons who 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 email to [email protected].
Dated at Rockville, Maryland this 24th day of September 2019.
For The Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-21303 Filed 9-30-19; 8:45 am]
BILLING CODE 7590-01-P
