In the Matter of FirstEnergy Nuclear Operating Company; Beaver Valley Power Station, Unit Nos. 1 and 2, and Independent Spent Fuel Storage Installation (ISFSI); Davis-Besse Nuclear Power Station, Unit No. 1 and ISFSI; and Perry Nuclear Power Plant, Unit No. 1 and ISFSI, 66936-66938 [2019-26389]
Download as PDF
<![CDATA[
66936
Federal Register / Vol. 84, No. 235 / Friday, December 6, 2019 / Notices
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qualified to hold the licenses. The NRC staff
has also determined that the proposed
license transfer 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
conforming amendments to the ZNPS
licenses to reflect the transfer to EGC, the
NRC staff determined the following:
(1) The application for the proposed
license amendments complies with the
standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act),
and the Commission’s rules and regulations
set forth in 10 CFR Chapter I.
(2) There is reasonable assurance that the
activities authorized by the proposed license
amendments 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
amendments 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
amendments 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 November
26, 2019, which is available at ADAMS
Accession No. ML19228A131.
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 application
regarding the proposed license transfer is
approved, subject to the following condition:
Prior to the consummation of the license
transfer from ZS to EGC, EGC shall provide
satisfactory documentary evidence to the
Director of the Office of Nuclear Material
Safety and Safeguards at the NRC that it has
obtained or continues to possess the
appropriate amount of insurance required of
a licensee under 10 CFR part 140 and 10 CFR
50.54(w), consistent with the exemptions
issued to ZNPS on December 21, 1999.
It is further ordered that, consistent with
10 CFR 2.1315(b), the license amendments
that make changes, as indicated in Enclosure
2 to the cover letter forwarding this Order, to
conform the licenses to reflect the subject
license transfer are approved. The
amendments shall be issued and made
effective at the time the proposed license
transfer is completed.
It is further ordered that, after receipt of all
required regulatory approvals of the
proposed transfer action, EGC shall inform
the Director of the Office of Nuclear Material
Safety and Safeguards in writing of such
receipt, and of the date of closing of the
transfer, no later than 5 business days before
the date of the closing of the transfer. Should
the proposed 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
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16:11 Dec 05, 2019
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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 July 24, 2018
(ADAMS Accession No. ML18211A303), the
supplements dated January 21, 2019
(ADAMS Accession No. ML19028A175) and
February 8, 2019 (ADAMS Accession No. ML
19043A673), and the NRC’s safety evaluation
dated November 26, 2019 (ADAMS
Accession No. ML19228A131), which are
available for public inspection at the NRC’s
Public Document Room 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 do not have access
to ADAMS or who encounter problems
accessing the documents located in ADAMS
should contact the NRC Public Document
Room 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 26th day
of November, 2019.
For the Nuclear Regulatory Commission
/RA/
John W. Lubinski, Director,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2019–26352 Filed 12–5–19; 8:45 a.m.]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334, 50–412, 72–1043, 50–
346, 72–14, 50–440, and 72–69; NRC–2019–
0137]
In the Matter of FirstEnergy Nuclear
Operating Company; Beaver Valley
Power Station, Unit Nos. 1 and 2, and
Independent Spent Fuel Storage
Installation (ISFSI); Davis-Besse
Nuclear Power Station, Unit No. 1 and
ISFSI; and Perry Nuclear Power Plant,
Unit No. 1 and ISFSI
Nuclear Regulatory
Commission.
ACTION: Direct and indirect transfer of
licenses; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing the Order
approving the application filed by
FirstEnergy Nuclear Operating Company
(FENOC), acting on behalf of itself and
FirstEnergy Nuclear Generation, LLC
(FENGen), (together, the Applicants) on
April 26, 2019, as supplemented. The
application seeks an NRC order
consenting to the direct and indirect
transfer of licenses for Beaver Valley
Power Station, Unit Nos. 1 and 2; DavisBesse Nuclear Power Station, Unit No.
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
1; and Perry Nuclear Power PIant, Unit
No. 1, and their respective generally
licensed independent spent fuel storage
installations (ISFSIs) (together, the
Facilities). Specifically, the Applicants
requested a direct transfer of operating
authority for the Facilities from FENOC
to an as-yet unnamed company, herein
identified as OpCo; a direct transfer of
ownership of the Facilities from
FENGen to an as-yet unnamed
company, herein identified as OwnerCo;
and an indirect transfer of ownership of
the Facilities to an as-yet unnamed
parent company, herein identified as
New HoldCo (FirstEnergy Corp. is
currently the ultimate parent company).
The Applicants also requested the
NRC’s prior written consent and
issuance of conforming amendments to
the licenses. No physical changes to the
Facilities or operational changes were
proposed in the application. The Order
is effective upon issuance.
DATES: The Order was issued on
December 2, 2019, and is effective for
one year.
ADDRESSES: Please refer to Docket ID
NRC–2019–0137 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–2019–0137. 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 individuals 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. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section.
• 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:
Bhalchandra K. Vaidya, telephone: 301–
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 84, No. 235 / Friday, December 6, 2019 / Notices
415–3308, email: Bhalchandra.Vaidya@
nrc.gov or Joel S. Wiebe, telephone:
301–415–6606, email: Joel.Wiebe@
nrc.gov. Both are staff of the Office of
Nuclear Reactor Regulation, U.S.
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
Document
ADAMS
Accession No.
Application for Order Consenting to Transfer of Licenses and Conforming License Amendments, dated April 26, 2019 ................
Supplemental Information Needed for Acceptance of Requested Licensing Action RE: Application for Order Consenting to
Transfer of Licenses and Conforming License Amendments (EPID–L–2019–LLM–0000), dated May 31, 2019.
Response to Request for Additional Information Regarding an Application for Order Consenting to Transfer of Licenses and
Conforming License Amendments (EPID–L–2019–LLM–0000), dated August 2, 2019.
Supplemental to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments (EPID–L–201
9–LLM–0000), dated August 29, 2019.
Supplemental to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments (EPID–L–
2019–LLM–0000), dated September 25, 2019.
Supplemental to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments (EPID–L–
2019–LLM–0000), dated September 25, 2019.
Supplemental to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments (EPID–L–
2019–LLM–0000), dated October 17, 2019.
ML19116A087
ML19151A531
Dated at Rockville, Maryland, this 3rd day
of December 2019.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing
Branch III, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Order Approving Direct and
Indirect Transfers of Control of Licenses and
Draft Conforming License Amendments
United States of America
Nuclear Regulatory Commission
In the Matter of Firstenergy Nuclear
Operating Company, Firstenergy Nuclear
Generation, LLC; Beaver Valley Power
Station, Unit Nos. 1 and 2 and its generally
licensed ISFSI, Docket Nos. 50–334, 50–412,
and 72–1043, License Nos. DPR–66 and
NPF–73; Davis-Besse Nuclear Power Station,
Unit No. 1 and its generally licensed ISFSI,
Docket Nos. 50–346 and 72–14, License No.
NPF–3; Perry Nuclear Power Plant, Unit No.
1 and its generally licensed ISFSI, Docket
Nos. 50–440 and 72–69; License No. NPF–58
Order Approving Direct and Indirect
Transfers of Control of Licenses and Draft
Conforming License Amendments
I.
lotter on DSKBCFDHB2PROD with NOTICES
Nuclear Regulatory Commission,
Washington DC 20555–0001.
66937
FirstEnergy Nuclear Operating Company
(FENOC) and FirstEnergy Nuclear
Generation, LLC (FENGen) (together, the
Applicants) operate and own, respectively,
Beaver Valley Power Station (BVPS), Unit
Nos. 1 and 2, and its generally licensed
independent spent fuel storage installation
(ISFSI); Davis-Besse Nuclear Power Station,
Unit No. 1 (DBNPS) and its generally
licensed ISFSI; and Perry Nuclear Power
PIant, Unit No. 1 (PNPP) and its generally
licensed ISFSI (together, the Facilities).
Specifically, they are co-holders of:
(1) Renewed Facility Operating License
Nos. DPR–66 and NPF–73 for BVPS, Units 1
and 2, respectively, located in Beaver
County, Pennsylvania;
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16:11 Dec 05, 2019
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(2) Renewed Facility Operating License No.
NPF–3 for DBNPS, located in Ottawa County,
Ohio; and
(3) Facility Operating License No. NPF–58
for PNPP, located in Lake County, Ohio.
II.
By application dated April 26, 2019
(Agencywide Documents Access and
Management System (ADAMS) Accession
No. ML19116A087), as supplemented by
letters dated May 31, 2019; August 2, 2019;
August 29, 2019; September 25, 2019 (two
submissions); and October 17, 2019 (ADAMS
Accession Nos. ML19151A531,
ML19214A100, ML19241A462,
ML19268A053, ML19268B133, and
ML19290D432, respectively), the Applicants
requested, 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), that the U.S. Nuclear Regulatory
Commission (NRC, the Commission) consent
to the transfer of licenses. Specifically, the
Applicants requested a direct transfer of
operating authority for the Facilities from
FENOC to an as-yet unnamed company,
herein identified as OpCo; a direct transfer of
ownership of the Facilities from FENGen to
an as-yet unnamed company, herein
identified as OwnerCo; and an indirect
transfer of ownership of the Facilities to an
as-yet unnamed parent company, herein
identified as New HoldCo (FirstEnergy Corp.
is currently the ultimate parent company).
The Applicants also requested the NRC’s
prior written consent and issuance of
conforming amendments to the licenses
pursuant to 10 CFR 50.80 and 10 CFR 50.90,
‘‘Application for amendment of license,
construction permit, or early site permit.’’
On March 31, 2018, FirstEnergy Solutions
Corp. (FES), together with FENOC, FENGen,
and FES’s other subsidiaries, filed voluntary
petitions for bankruptcy protection under
Chapter 11 of the United States Bankruptcy
Code in the United States Bankruptcy Court
for the Northern District of Ohio, Eastern
Division (Bankruptcy Court). By letter dated
April 2, 2018 (ADAMS Accession No.
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
ML19214A100
ML19241A462
ML19268A053
ML19268B133
ML19290D432
ML18094A661), in accordance with 10 CFR
50.54(cc)(1), FENOC notified the NRC of the
bankruptcy filing. The proposed direct and
indirect license transfers would support the
emergence from bankruptcy of the
Applicants, along with FES and other
affiliated companies that are currently
debtors in the bankruptcy process, pursuant
to the Eighth Amended Joint Plan of
Reorganization (the Bankruptcy
Reorganization Plan) filed with the
Bankruptcy Court on October 11, 2019, and
the Revised Eighth Amended Plan filed with
the Bankruptcy Court on October 14, 2019,
and confirmed by the Bankruptcy Court on
October 16, 2019, as noted in the Applicants’
supplemental letter dated October 17, 2019.
Under the Bankruptcy Reorganization Plan,
at emergence from bankruptcy, a new
privately-held holding company, New
HoldCo, will be formed with shares initially
held by certain current creditors of one or
more of FES, FENOC, FENGen, or
FirstEnergy Generation, LLC (FG) (a sister
company of FENGen holding fossil fuel
generation assets) and management of the
new holding company. Both OpCo and
OwnerCo will become wholly-owned
subsidiaries of New HoldCo. New HoldCo
will also have ultimate ownership of FES’s
existing non-nuclear generating assets as well
as the retail and wholesale load-serving
business.
A notice of the application and
opportunity to request a hearing and to
comment on the application was published
in the Federal Register (FR) on June 27, 2019
(84 FR 30775). In response, on July 17, 2019,
the Environmental Law & Policy Center filed
a hearing request. The hearing request is
currently pending before the Commission.
The NRC did not receive any comments on
the application.
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 for license
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Federal Register / Vol. 84, No. 235 / Friday, December 6, 2019 / Notices
lotter on DSKBCFDHB2PROD with NOTICES
transfer, as supplemented, and other
information before the Commission, the NRC
staff has determined that OpCo and OwnerCo
are qualified to hold the licenses to the extent
proposed to permit the transfer of the
licenses from FENOC and FENGen to OpCo
and OwnerCo, respectively, and that the
transfers of the licenses, as described in the
application, are otherwise consistent with
applicable provisions of law, regulations, and
orders issued by the NRC pursuant thereto,
subject to the conditions set forth below.
Upon review of the information in the
application for conforming amendments, as
supplemented, the NRC staff has determined
that:
(1) The application for conforming license
amendments complies with the standards
and requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations set forth
in 10 CFR Chapter I.
(2) The Facilities will operate in
conformity with the application, the
provisions of the Act, and the rules and
regulations of the Commission.
(3) There is reasonable assurance that the
activities authorized by the amendments 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.
(4) The issuance of the amendments will
not be inimical to the common defense and
security or to the health and safety of the
public.
(5) The issuance of the amendments 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 staff safety evaluation dated the
same date as this Order, which is available
at ADAMS Accession No. ML19305B131
(non-proprietary).
III.
Accordingly, pursuant to Sections 161b,
161i, and 184 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. 2201(b), 2201(i),
and 2234; and 10 CFR 50.80, 10 CFR 72.50,
and 10 CFR 50.90, it is hereby ordered that
the application for license transfers, as
described herein, is approved for BVPS, Unit
1, BVPS, Unit 2, DBNPS, and PNPP, and the
respective ISFSIs, subject to the following
conditions.
1. OwnerCo and OpCo shall provide
satisfactory documentary evidence to the
Director of the NRC Office of Nuclear Reactor
Regulation that, as of the date of the license
transfer, the licensees reflected in the
amended licenses have obtained the
appropriate amount of insurance required of
a licensee under 10 CFR part 140 and 10 CFR
50.54(w).
2. On or by the closing date of the license
transfer transaction, the Applicants shall take
all necessary steps to ensure that the
provisional trust agreement submitted on
September 25, 2019, to address the shortfall
identified for BVPS, Unit 1 is implemented
and maintained consistent with the safety
evaluation supporting this Order.
3. The NRC staff’s approval of these license
transfers is subject to the Commission’s
VerDate Sep<11>2014
16:11 Dec 05, 2019
Jkt 250001
authority to rescind, modify, or condition the
approved transfers based on the outcome of
any post-effectiveness hearing on the license
transfer application.
It is further ordered that after receipt of all
required regulatory approvals of the
proposed transfer actions, the Applicants
shall inform the Director of the Office of
Nuclear Reactor Regulation in writing of such
receipt no later than 5 business days prior to
the date of the closing of the transfer. Should
the proposed transfer not be completed
within 1 year from the date of this Order, this
Order shall become null and void, provided,
however, upon written application and for
good cause shown, such date may be
extended by order. The conditions of this
Order may be amended upon application by
the Applicants and approval by the Director
of the Office of Nuclear Reactor Regulation.
It is further ordered that consistent with 10
CFR 2.1315(b), the license amendments that
make changes, as indicated in Enclosures 2
through 5 to the letter transmitting this
Order, to reflect the subject transfers, are
approved. The amendments shall be issued
and made effective within 30 days of the date
when the proposed transfer actions are
completed.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application dated April 26,
2019, as supplemented by letters dated May
31, 2019; August 2, 2019; August 29, 2019;
September 25, 2019 (two submissions); and
October 17, 2019, and the NRC safety
evaluation dated the same date as this Order,
which are available for public inspection at
the NRC’s Public Document Room (PDR)
located at One White Flint North, Public File
Area 01 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 do not have access to ADAMS
or who encounter problems accessing the
documents located in ADAMS, should
contact the NRC PDR reference staff by
telephone at 1–800–397–4209 or 301–415–
4737, or by email to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 2nd day
of December 2019.
For the Nuclear Regulatory Commission.
/RA/
Eric J. Benner,
Deputy Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2019–26389 Filed 12–5–19; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Product Change—Priority Mail
Negotiated Service Agreement
Postal ServiceTM.
Notice.
AGENCY:
ACTION:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
SUMMARY:
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice:
December 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Sean Robinson, 202–268–8405.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on December 2,
2019, it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 567 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2020–43, CP2020–41.
Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2019–26302 Filed 12–5–19; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87646; File No. SR–C2–
2019–025]
Self-Regulatory Organizations; Cboe
C2 Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Updating Various C2
Rules and Chapters To Reflect
Changes to the Cboe Options
Rulebook
December 2, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on November
20, 2019, Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) proposes to update
various C2 Rules and Chapters to reflect
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66936-66938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26389]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334, 50-412, 72-1043, 50-346, 72-14, 50-440, and 72-69;
NRC-2019-0137]
In the Matter of FirstEnergy Nuclear Operating Company; Beaver
Valley Power Station, Unit Nos. 1 and 2, and Independent Spent Fuel
Storage Installation (ISFSI); Davis-Besse Nuclear Power Station, Unit
No. 1 and ISFSI; and Perry Nuclear Power Plant, Unit No. 1 and ISFSI
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct and indirect transfer of licenses; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing the
Order approving the application filed by FirstEnergy Nuclear Operating
Company (FENOC), acting on behalf of itself and FirstEnergy Nuclear
Generation, LLC (FENGen), (together, the Applicants) on April 26, 2019,
as supplemented. The application seeks an NRC order consenting to the
direct and indirect transfer of licenses for Beaver Valley Power
Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No.
1; and Perry Nuclear Power PIant, Unit No. 1, and their respective
generally licensed independent spent fuel storage installations
(ISFSIs) (together, the Facilities). Specifically, the Applicants
requested a direct transfer of operating authority for the Facilities
from FENOC to an as-yet unnamed company, herein identified as OpCo; a
direct transfer of ownership of the Facilities from FENGen to an as-yet
unnamed company, herein identified as OwnerCo; and an indirect transfer
of ownership of the Facilities to an as-yet unnamed parent company,
herein identified as New HoldCo (FirstEnergy Corp. is currently the
ultimate parent company). The Applicants also requested the NRC's prior
written consent and issuance of conforming amendments to the licenses.
No physical changes to the Facilities or operational changes were
proposed in the application. The Order is effective upon issuance.
DATES: The Order was issued on December 2, 2019, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2019-0137 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-2019-0137. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individuals 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
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: Bhalchandra K. Vaidya, telephone: 301-
[[Page 66937]]
415-3308, email: [email protected] or Joel S. Wiebe,
telephone: 301-415-6606, email: [email protected]. Both are staff of
the Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
Application for Order Consenting to Transfer ML19116A087
of Licenses and Conforming License
Amendments, dated April 26, 2019.
Supplemental Information Needed for Acceptance ML19151A531
of Requested Licensing Action RE: Application
for Order Consenting to Transfer of Licenses
and Conforming License Amendments (EPID-L-
2019-LLM-0000), dated May 31, 2019.
Response to Request for Additional Information ML19214A100
Regarding an Application for Order Consenting
to Transfer of Licenses and Conforming
License Amendments (EPID-L-2019-LLM-0000),
dated August 2, 2019.
Supplemental to Application for Order ML19241A462
Consenting to Transfer of Licenses and
Conforming License Amendments (EPID-L-201 9-
LLM-0000), dated August 29, 2019.
Supplemental to Application for Order ML19268A053
Consenting to Transfer of Licenses and
Conforming License Amendments (EPID-L-2019-
LLM-0000), dated September 25, 2019.
Supplemental to Application for Order ML19268B133
Consenting to Transfer of Licenses and
Conforming License Amendments (EPID-L-2019-
LLM-0000), dated September 25, 2019.
Supplemental to Application for Order ML19290D432
Consenting to Transfer of Licenses and
Conforming License Amendments (EPID-L-2019-
LLM-0000), dated October 17, 2019.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 3rd day of December 2019.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Direct and Indirect Transfers of Control of
Licenses and Draft Conforming License Amendments
United States of America
Nuclear Regulatory Commission
In the Matter of Firstenergy Nuclear Operating Company,
Firstenergy Nuclear Generation, LLC; Beaver Valley Power Station,
Unit Nos. 1 and 2 and its generally licensed ISFSI, Docket Nos. 50-
334, 50-412, and 72-1043, License Nos. DPR-66 and NPF-73; Davis-
Besse Nuclear Power Station, Unit No. 1 and its generally licensed
ISFSI, Docket Nos. 50-346 and 72-14, License No. NPF-3; Perry
Nuclear Power Plant, Unit No. 1 and its generally licensed ISFSI,
Docket Nos. 50-440 and 72-69; License No. NPF-58
Order Approving Direct and Indirect Transfers of Control of Licenses
and Draft Conforming License Amendments
I.
FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy
Nuclear Generation, LLC (FENGen) (together, the Applicants) operate
and own, respectively, Beaver Valley Power Station (BVPS), Unit Nos.
1 and 2, and its generally licensed independent spent fuel storage
installation (ISFSI); Davis-Besse Nuclear Power Station, Unit No. 1
(DBNPS) and its generally licensed ISFSI; and Perry Nuclear Power
PIant, Unit No. 1 (PNPP) and its generally licensed ISFSI (together,
the Facilities). Specifically, they are co-holders of:
(1) Renewed Facility Operating License Nos. DPR-66 and NPF-73
for BVPS, Units 1 and 2, respectively, located in Beaver County,
Pennsylvania;
(2) Renewed Facility Operating License No. NPF-3 for DBNPS,
located in Ottawa County, Ohio; and
(3) Facility Operating License No. NPF-58 for PNPP, located in
Lake County, Ohio.
II.
By application dated April 26, 2019 (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML19116A087), as
supplemented by letters dated May 31, 2019; August 2, 2019; August
29, 2019; September 25, 2019 (two submissions); and October 17, 2019
(ADAMS Accession Nos. ML19151A531, ML19214A100, ML19241A462,
ML19268A053, ML19268B133, and ML19290D432, respectively), the
Applicants requested, 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),
that the U.S. Nuclear Regulatory Commission (NRC, the Commission)
consent to the transfer of licenses. Specifically, the Applicants
requested a direct transfer of operating authority for the
Facilities from FENOC to an as-yet unnamed company, herein
identified as OpCo; a direct transfer of ownership of the Facilities
from FENGen to an as-yet unnamed company, herein identified as
OwnerCo; and an indirect transfer of ownership of the Facilities to
an as-yet unnamed parent company, herein identified as New HoldCo
(FirstEnergy Corp. is currently the ultimate parent company). The
Applicants also requested the NRC's prior written consent and
issuance of conforming amendments to the licenses pursuant to 10 CFR
50.80 and 10 CFR 50.90, ``Application for amendment of license,
construction permit, or early site permit.''
On March 31, 2018, FirstEnergy Solutions Corp. (FES), together
with FENOC, FENGen, and FES's other subsidiaries, filed voluntary
petitions for bankruptcy protection under Chapter 11 of the United
States Bankruptcy Code in the United States Bankruptcy Court for the
Northern District of Ohio, Eastern Division (Bankruptcy Court). By
letter dated April 2, 2018 (ADAMS Accession No. ML18094A661), in
accordance with 10 CFR 50.54(cc)(1), FENOC notified the NRC of the
bankruptcy filing. The proposed direct and indirect license
transfers would support the emergence from bankruptcy of the
Applicants, along with FES and other affiliated companies that are
currently debtors in the bankruptcy process, pursuant to the Eighth
Amended Joint Plan of Reorganization (the Bankruptcy Reorganization
Plan) filed with the Bankruptcy Court on October 11, 2019, and the
Revised Eighth Amended Plan filed with the Bankruptcy Court on
October 14, 2019, and confirmed by the Bankruptcy Court on October
16, 2019, as noted in the Applicants' supplemental letter dated
October 17, 2019.
Under the Bankruptcy Reorganization Plan, at emergence from
bankruptcy, a new privately-held holding company, New HoldCo, will
be formed with shares initially held by certain current creditors of
one or more of FES, FENOC, FENGen, or FirstEnergy Generation, LLC
(FG) (a sister company of FENGen holding fossil fuel generation
assets) and management of the new holding company. Both OpCo and
OwnerCo will become wholly-owned subsidiaries of New HoldCo. New
HoldCo will also have ultimate ownership of FES's existing non-
nuclear generating assets as well as the retail and wholesale load-
serving business.
A notice of the application and opportunity to request a hearing
and to comment on the application was published in the Federal
Register (FR) on June 27, 2019 (84 FR 30775). In response, on July
17, 2019, the Environmental Law & Policy Center filed a hearing
request. The hearing request is currently pending before the
Commission. The NRC did not receive any comments on the application.
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 for license
[[Page 66938]]
transfer, as supplemented, and other information before the
Commission, the NRC staff has determined that OpCo and OwnerCo are
qualified to hold the licenses to the extent proposed to permit the
transfer of the licenses from FENOC and FENGen to OpCo and OwnerCo,
respectively, and that the transfers of the licenses, as described
in the application, are otherwise consistent with applicable
provisions of law, regulations, and orders issued by the NRC
pursuant thereto, subject to the conditions set forth below.
Upon review of the information in the application for conforming
amendments, as supplemented, the NRC staff has determined that:
(1) The application for conforming license amendments complies
with the standards and requirements of the Atomic Energy Act of
1954, as amended (the Act), and the Commission's rules and
regulations set forth in 10 CFR Chapter I.
(2) The Facilities will operate in conformity with the
application, the provisions of the Act, and the rules and
regulations of the Commission.
(3) There is reasonable assurance that the activities authorized
by the amendments 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.
(4) The issuance of the amendments will not be inimical to the
common defense and security or to the health and safety of the
public.
(5) The issuance of the amendments 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 staff
safety evaluation dated the same date as this Order, which is
available at ADAMS Accession No. ML19305B131 (non-proprietary).
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i),
and 2234; and 10 CFR 50.80, 10 CFR 72.50, and 10 CFR 50.90, it is
hereby ordered that the application for license transfers, as
described herein, is approved for BVPS, Unit 1, BVPS, Unit 2, DBNPS,
and PNPP, and the respective ISFSIs, subject to the following
conditions.
1. OwnerCo and OpCo shall provide satisfactory documentary
evidence to the Director of the NRC Office of Nuclear Reactor
Regulation that, as of the date of the license transfer, the
licensees reflected in the amended licenses have obtained the
appropriate amount of insurance required of a licensee under 10 CFR
part 140 and 10 CFR 50.54(w).
2. On or by the closing date of the license transfer
transaction, the Applicants shall take all necessary steps to ensure
that the provisional trust agreement submitted on September 25,
2019, to address the shortfall identified for BVPS, Unit 1 is
implemented and maintained consistent with the safety evaluation
supporting this Order.
3. The NRC staff's approval of these license transfers is
subject to the Commission's authority to rescind, modify, or
condition the approved transfers based on the outcome of any post-
effectiveness hearing on the license transfer application.
It is further ordered that after receipt of all required
regulatory approvals of the proposed transfer actions, the
Applicants shall inform the Director of the Office of Nuclear
Reactor Regulation in writing of such receipt no later than 5
business days prior to the date of the closing of the transfer.
Should the proposed transfer not be completed within 1 year from the
date of this Order, this Order shall become null and void, provided,
however, upon written application and for good cause shown, such
date may be extended by order. The conditions of this Order may be
amended upon application by the Applicants and approval by the
Director of the Office of Nuclear Reactor Regulation.
It is further ordered that consistent with 10 CFR 2.1315(b), the
license amendments that make changes, as indicated in Enclosures 2
through 5 to the letter transmitting this Order, to reflect the
subject transfers, are approved. The amendments shall be issued and
made effective within 30 days of the date when the proposed transfer
actions are completed.
This Order is effective upon issuance.
For further details with respect to this Order, see the
application dated April 26, 2019, as supplemented by letters dated
May 31, 2019; August 2, 2019; August 29, 2019; September 25, 2019
(two submissions); and October 17, 2019, and the NRC safety
evaluation dated the same date as this Order, which are available
for public inspection at the NRC's Public Document Room (PDR)
located at One White Flint North, Public File Area 01 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 do not have access to
ADAMS or who encounter problems accessing the documents located in
ADAMS, should contact the NRC PDR reference staff by telephone at 1-
800-397-4209 or 301-415-4737, or by email to [email protected].
Dated at Rockville, Maryland this 2nd day of December 2019.
For the Nuclear Regulatory Commission.
/RA/
Eric J. Benner,
Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-26389 Filed 12-5-19; 8:45 am]
BILLING CODE 7590-01-P
