In the Matter of Entergy Nuclear Operations, Inc.; Entergy Nuclear Indian Point 2, LLC; Entergy Nuclear Indian Point 3, LLC; Holtec International and Holtec Decommissioning International, LLC; Indian Point Nuclear Generating Unit Nos 1, 2, and 3, 76626-76628 [2020-26278]
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
available to those affected licensees and
stakeholders who have an established
need-to-know for access to the RG. The
NRC did not announce the availability
of the draft RG for public comment
because the guide contains SGI and
Official Use Only-Security Related
information. Nonetheless, the NRC is
issuing this notice to inform the public
of the issuance of this revision to the
RG.
On September 17, 2020, the NRC
issued a memorandum (ADAMS
Accession No. ML20258A250)
transmitting the draft regulatory guide
for comment to stakeholders who have
an established need-to-know for access
to the document. The stakeholders’
comment period closed on October 23,
2020. The NRC received 13 comments
from stakeholders. The comments and
the associated agency responses are
available to the public in ADAMS under
Accession No. ML20325A209.
TKELLEY on DSKBCP9HB2PROD with NOTICES
III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting, Forward Fitting, and
Issue Finality
Revision 1 of RG 5.76 provides
applicants or licensees with guidance to
meet the requirements set forth in 10
CFR 73.55. Licensees are not required to
comply with the positions set forth in
this regulatory guide. Therefore,
issuance of this RG does not constitute
backfitting as defined in 10 CFR 50.109,
‘‘Backfitting,’’ and as described in
Management Directive (MD) 8.4,
‘‘Management of Backfitting, Forward
Fitting, Issue Finality, and Information
Requests;’’ constitute forward fitting as
that term is defined and described in
MD 8.4; or affect issue finality of any
approval issued under 10 CFR part 52,
‘‘Licenses, Certificates, and Approvals
for Nuclear Power Plants.’’ As explained
in Section D., ‘‘Implementation,’’ of the
regulatory guide, the NRC staff does not
intend to use the guidance in this
regulatory guide to support NRC staff
actions in a manner that would
constitute backfitting or forward fitting.
If, in the future, the NRC seeks to
impose a position in this regulatory
guide in a manner that constitutes
backfitting or forward fitting or affects
the issue finality for a 10 CFR part 52
approval, then the NRC will address the
backfitting provision in 10 CFR 50.109,
the forward fitting provision of MD 8.4,
or the applicable issue finality provision
in 10 CFR part 52 respectively.
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Dated: November 23, 2020.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2020–26273 Filed 11–27–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–003, 50–247, 50–286, and
72–051; NRC–2020–0021]
In the Matter of Entergy Nuclear
Operations, Inc.; Entergy Nuclear
Indian Point 2, LLC; Entergy Nuclear
Indian Point 3, LLC; Holtec
International and Holtec
Decommissioning International, LLC;
Indian Point Nuclear Generating Unit
Nos 1, 2, and 3
Nuclear Regulatory
Commission.
ACTION: Transfer of licenses; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
approving the transfer of Provisional
Operating License No. DPR–5 for Indian
Point Nuclear Generating Station, Unit
No. 1 (IP1); Renewed Facility Operating
License Nos. DPR–26 and DPR–64 for
Indian Point Nuclear Generating Unit
Nos. 2 and 3, respectively, (collectively,
with IP1, the Indian Point Energy Center
(IPEC)); and the general license for the
IPEC independent spent fuel storage
installation to Holtec International
(Holtec) subsidiaries. The Holtec
subsidiaries would be known as Holtec
Indian Point 2, LLC (Holtec IP2) and
Holtec Indian Point 3, LLC (Holtec IP3).
The Order also approves the transfer of
operating authority from the currently
licensed operator, Entergy Nuclear
Operations, Inc. (ENOI), to Holtec
Decommissioning International, LLC
(HDI). The NRC is also issuing
conforming amendments for the facility
operating licenses for administrative
purposes to reflect the transfer of the
licenses from ENOI to HDI and the
planned name change for Entergy
Nuclear Indian Point 2, LLC and Entergy
Nuclear Indian Point 3, LLC to Holtec
IP2 and Holtec IP3, respectively.
DATES: The Order was issued on
November 23, 2020, and is effective for
1 year.
ADDRESSES: Please refer to Docket ID
NRC–2020–0021 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document by
using any of the following methods:
SUMMARY:
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• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0021. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain 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 amendments are available in
ADAMS Package Accession No.
ML19170A147.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard V. Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1030, email: Richard.Guzman@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated: November 23, 2020.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing
Branch I, Division of Operator Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Order Approving
Transfer of Licenses and Approving
Conforming Amendments
United States of America
Nuclear Regulatory Commission
In the Matter of: Entergy Nuclear
Operations, Inc., Entergy Nuclear Indian
Point 2, LLC, Entergy Nuclear Indian
Point 3, LLC; Indian Point Nuclear
Generating Station, Unit Nos. 1, 2, and
3 and ISFSI, EA–20–142
Docket Nos. 50–003, 50–247, 50–286,
and 72–051
License Nos. DPR–5, DPR–26, and DPR–
64
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
Order Approving Transfer of Licenses
and Draft Conforming Administrative
License Amendments
I.
TKELLEY on DSKBCP9HB2PROD with NOTICES
Entergy Nuclear Operations, Inc.
(ENOI); Entergy Nuclear Indian Point 2,
LLC; and Entergy Nuclear Indian Point
3, LLC are the holders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) Provisional Operating
License No. DPR–5 for Indian Point
Nuclear Generating Station, Unit No. 1
(IP1); Renewed Facility Operating
License Nos. DPR–26 and DPR–64 for
Indian Point Nuclear Generating
Station, Unit Nos. 2 and 3, respectively
(IP2 and IP3) (collectively, with IP1, the
Indian Point Energy Center (IPEC)); and
the general license for the IPEC
independent spent fuel storage
installation (ISFSI) (collectively, the
IPEC licenses). IP1 permanently ceased
operations on October 31, 1974; IP2
permanently ceased operations on April
30, 2020; and ENOI has certified to the
NRC its decision to permanently cease
operations at IP3 by April 30, 2021. The
IPEC is located in Buchanan, New York,
in Westchester County, on the east bank
of the Hudson River.
II.
By application dated November 21,
2019 (Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML19326B953), as
supplemented by information provided
in letters from Holtec Decommissioning
International, LLC (HDI) dated
December 19, 2019; January 17, 2020;
February 12, 2020; and August 7, 2020
(ADAMS Accession Nos.
ML19354A698, ML20017A290,
ML20043C539, and ML20220A666,
respectively), ENOI, on behalf of itself;
Entergy Nuclear Indian Point 2, LLC;
Entergy Nuclear Indian Point 3, LLC;
Holtec International (Holtec); and HDI
(collectively, the Applicants), requested,
pursuant to Section 184, ‘‘Inalienability
of Licenses,’’ of the Atomic Energy Act
of 1954, as amended (AEA), and
Sections 50.80, ‘‘Transfer of licenses,’’
and 72.50, ‘‘Transfer of license,’’ of Title
10 of the Code of Federal Regulations
(10 CFR), that the NRC consent to the
transfer of control of the IPEC licenses
to Holtec subsidiaries. The Holtec
subsidiaries would be known as Holtec
Indian Point 2, LLC (Holtec IP2) and
Holtec Indian Point 3, LLC (Holtec IP3).
The Applicants also requested that the
NRC consent to the transfer of ENOI’s
operating authority (i.e., its authority to
conduct licensed activities at the IPEC)
to HDI. Finally, the Applicants
requested that the NRC approve
conforming administrative amendments
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to the IPEC licenses to reflect the
proposed license transfer and to delete
certain license conditions to reflect the
satisfaction and termination of certain
obligations after the license transfer
pursuant to 10 CFR 50.90, ‘‘Application
for amendment of license, construction
permit, or early site permit.’’
Upon an NRC approval of the license
transfer application and the
consummation of the proposed transfer
transaction, Holtec IP2 would be the
licensed owner for IP1 and IP2 and
Holtec IP3 would be the licensed owner
for IP3. Holtec IP2 and Holtec IP3 would
also respectively own each unit’s
associated assets and real estate,
including each unit’s decommissioning
trust fund, title to spent nuclear fuel,
and rights pursuant to the terms of the
Standard Contract for Disposal of Spent
Nuclear Fuel and/or High-Level
Radioactive Waste with the U.S.
Department of Energy. A wholly-owned
subsidiary of Holtec, Nuclear Asset
Management Company, LLC, would
acquire all equity interests in the parent
companies owning the three units and
would emerge as the direct parent
company owner of both Holtec IP2 and
Holtec IP3.
Holtec IP2 and Holtec IP3 would enter
into an operating agreement for
decommissioning services with HDI,
which would act as their agent, and
Holtec IP2 and Holtec IP3 would pay for
HDI’s decommissioning, spent fuel
management, and site restoration costs
incurred at the IPEC; HDI would be the
licensed operator for the IPEC. HDI
would assume responsibility for
compliance with NRC regulations and
the current licensing basis, including
regulatory commitments that exist at the
consummation of the proposed transfer
transaction, and would implement any
changes under applicable regulatory
requirements and practices.
Comprehensive Decommissioning
International, LLC, a general contractor
to HDI, would perform day-to-day
activities at the IPEC, including
decommissioning activities, pursuant to
a general contractor agreement between
it and HDI, subject to HDI’s direct
oversight and control as the licensed
operator.
Nuclear Asset Management Company,
LLC and HDI would be direct, whollyowned subsidiaries of Holtec Power,
Inc., which is a direct, wholly-owned
subsidiary of Holtec.
The NRC published the notice of
consideration of approval of the license
transfer application and of
consideration of amending the licenses
to reflect the proposed transfer in the
Federal Register on January 23, 2020
(85 FR 3947). This notice provided an
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76627
opportunity to request a hearing within
20 days and an opportunity to comment
within 30 days. The comment period
was extended on February 19, 2020 (85
FR 9486), for an additional 30 days.
In response, on February 11, 2020, the
Safe Energy Rights Group, Inc. (ADAMS
Accession No. ML20042C984) and, on
February 12, 2020, the State of New
York (ADAMS Accession No.
ML20043E118); the Town of Cortlandt,
Village of Buchanan, and Hendrick
Hudson School District (ADAMS
Accession No. ML20043F054); and
Riverkeeper, Inc. (ADAMS Accession
No. ML20043F530) each filed separate
hearing requests. These hearing requests
are pending before the Commission. The
NRC also received over 400 comment
submissions, which the NRC staff listed
and summarized in its safety evaluation
related to the license transfer
application. The staff reviewed the
hearing requests and comment
submissions and considered them as
part of its evaluation of the application.
The letter from HDI dated February
12, 2020, requested, in support of the
license transfer application, an
exemption from 10 CFR 50.82(a)(8)(i)(A)
and 10 CFR 50.75(h)(1)(iv) to allow the
use of funds from the IP1, IP2, and IP3
decommissioning trust funds for spent
fuel management and site restoration
activities at the IPEC and to allow
disbursements from the IP1, IP2, and
IP3 decommissioning trust funds for
these activities to be made without prior
notice, similar to withdrawals in
accordance with 10 CFR 50.82(a)(8).
Separate from this Order, the NRC staff
reviewed and approved the exemption
request (ADAMS Accession No.
ML20309A788). The staff is issuing its
approval of the exemption request
concurrent with its approval of the
license transfer application; the
exemption is effective immediately, but
will only apply to Holtec IP2, Holtec
IP3, and HDI if and when the proposed
transfer transaction is consummated.
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 license
transfer application, as supplemented,
and other information before the
Commission, and relying upon the
representations and agreements
contained in the application, the NRC
staff has determined that Holtec IP2,
Holtec IP3, and HDI are qualified to be
the holders of the IPEC licenses and that
the transfer of the IPEC licenses, as
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76628
Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
TKELLEY on DSKBCP9HB2PROD with NOTICES
described in the application, is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto, subject to the
conditions set forth below.
Upon review of the application, as
supplemented, for conforming
administrative amendments to the IPEC
licenses to reflect the transfer, the NRC
staff has determined that:
(1) The application for amendments
complies with the standards and
requirements of the AEA and the
Commission’s rules and regulations set
forth in 10 CFR chapter I.
(2) The facility will operate in
conformity with the application, the
provisions of the AEA, 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 November 23, 2020,
which is available at ADAMS Accession
No. ML20297A333.
III.
Accordingly, pursuant to Sections
161b, 161i, and 184 of the AEA, 42
U.S.C. Sections 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 license transfer application, as
described herein, is approved, subject to
the following conditions:
(1) At least 2 business days before the
planned closing date of the purchase
and sale transaction, Holtec shall
provide the Directors of the NRC’s
Office of Nuclear Material Safety and
Safeguards (NMSS) and Office of
Nuclear Reactor Regulation (NRR) with
pre-notification that Holtec IP2 and
Holtec IP3 and HDI will enter into a
decommissioning operator services
agreement that provides for HDI to act
as agent for Holtec IP2 and Holtec IP3
and for Holtec IP2 and Holtec IP3 to pay
HDI’s costs of post-shutdown
operations, including decommissioning
and spent fuel management costs.
(2) Before the closing of the license
transfer, Holtec IP2, Holtec IP3, and HDI
shall provide the Directors of NMSS and
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20:03 Nov 27, 2020
Jkt 253001
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).
(3) 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.
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 letter
transmitting this Order, to reflect the
subject license transfer are approved.
The amendments shall be issued and
made effective at the time the proposed
transfer actions are completed.
It is further ordered that at least 2
business days before the planned
closing date of the purchase and sale
transaction, ENOI shall provide the
Directors of NMSS and NRR with prenotification of the planned transaction.
Should the proposed transfer not be
completed within 1 year of the date of
this Order, 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
November 21, 2019, as supplemented by
letters dated December 19, 2019;
January 17, 2020; February 12, 2020;
and August 7, 2020, and the associated
NRC staff safety evaluation dated
November 23, 2020, which are available
for public inspection 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: November 23, 2020.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety
and Safeguards.
Ho K. Nieh,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2020–26278 Filed 11–27–20; 8:45 am]
BILLING CODE 7590–01–P
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OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Renewal of an
Existing Information Collection,
USAJOBS®, [OMB Control No. 3206–
0219]
Office of Personnel
Management.
ACTION: 60-Day notice and request for
comments.
AGENCY:
The Office of Personnel
Management (OPM) offers the general
public and other Federal agencies the
opportunity to comment on a revised
information collection request (ICR)
3206–0219, USAJOBS.
DATES: Comments are encouraged and
will be accepted until January 29, 2021.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESS: Interested persons are invited
to submit written comments on the
proposed information collection to the
Office of Personnel Management,
Human Resources Solutions, Federal
Staffing Center, USAJOBS, 1900 E Street
NW, Washington, DC 20415, Attention:
John Still or send them via electronic
mail to john.still@opm.gov.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the Office of
Personnel Management, Human
Resources Solutions, Federal Staffing
Center, USAJOBS, 1900 E. Street NW,
Washington, DC 20415, Attention: John
Still, or by sending a request via
electronic mail to john.still@opm.gov.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995, (Pub. L. 104–13, 44 U.S.C.
chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is
soliciting comments for this collection.
USAJOBS is the Federal Government’s
centralized source for most Federal jobs
and employment information, including
both positions that are required by law
to be posted at that location, see 5
U.S.C. 3327, 3330, and positions that
can be posted there at an agency’s
discretion. The Applicant Profile and
Resume Builder are two components of
the USAJOBS application system.
USAJOBS reflects the minimal critical
elements collected across the Federal
Government to begin an application for
Federal jobs under the authority of
sections 1104, 1302, 3301, 3304, 3320,
3361, 3393, and 3394 of title 5, United
States Code, and Civil Service Rule II,
codified at 5 CFR part 2. OPM proposes
to renew a currently approved
collection. Therefore, we invite
comments that:
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76626-76628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26278]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-003, 50-247, 50-286, and 72-051; NRC-2020-0021]
In the Matter of Entergy Nuclear Operations, Inc.; Entergy
Nuclear Indian Point 2, LLC; Entergy Nuclear Indian Point 3, LLC;
Holtec International and Holtec Decommissioning International, LLC;
Indian Point Nuclear Generating Unit Nos 1, 2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Transfer of licenses; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order approving the transfer of Provisional Operating License No. DPR-5
for Indian Point Nuclear Generating Station, Unit No. 1 (IP1); Renewed
Facility Operating License Nos. DPR-26 and DPR-64 for Indian Point
Nuclear Generating Unit Nos. 2 and 3, respectively, (collectively, with
IP1, the Indian Point Energy Center (IPEC)); and the general license
for the IPEC independent spent fuel storage installation to Holtec
International (Holtec) subsidiaries. The Holtec subsidiaries would be
known as Holtec Indian Point 2, LLC (Holtec IP2) and Holtec Indian
Point 3, LLC (Holtec IP3). The Order also approves the transfer of
operating authority from the currently licensed operator, Entergy
Nuclear Operations, Inc. (ENOI), to Holtec Decommissioning
International, LLC (HDI). The NRC is also issuing conforming amendments
for the facility operating licenses for administrative purposes to
reflect the transfer of the licenses from ENOI to HDI and the planned
name change for Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear
Indian Point 3, LLC to Holtec IP2 and Holtec IP3, respectively.
DATES: The Order was issued on November 23, 2020, and is effective for
1 year.
ADDRESSES: Please refer to Docket ID NRC-2020-0021 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document by
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0021. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The license transfer Order, the NRC
safety evaluation supporting the staff's findings, and the conforming
license amendments are available in ADAMS Package Accession No.
ML19170A147.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1030, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: November 23, 2020.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I, Division of Operator
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Transfer of Licenses and Approving
Conforming Amendments
United States of America
Nuclear Regulatory Commission
In the Matter of: Entergy Nuclear Operations, Inc., Entergy Nuclear
Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC; Indian Point
Nuclear Generating Station, Unit Nos. 1, 2, and 3 and ISFSI, EA-20-142
Docket Nos. 50-003, 50-247, 50-286, and 72-051
License Nos. DPR-5, DPR-26, and DPR-64
[[Page 76627]]
Order Approving Transfer of Licenses and Draft Conforming
Administrative License Amendments
I.
Entergy Nuclear Operations, Inc. (ENOI); Entergy Nuclear Indian
Point 2, LLC; and Entergy Nuclear Indian Point 3, LLC are the holders
of the U.S. Nuclear Regulatory Commission (NRC, the Commission)
Provisional Operating License No. DPR-5 for Indian Point Nuclear
Generating Station, Unit No. 1 (IP1); Renewed Facility Operating
License Nos. DPR-26 and DPR-64 for Indian Point Nuclear Generating
Station, Unit Nos. 2 and 3, respectively (IP2 and IP3) (collectively,
with IP1, the Indian Point Energy Center (IPEC)); and the general
license for the IPEC independent spent fuel storage installation
(ISFSI) (collectively, the IPEC licenses). IP1 permanently ceased
operations on October 31, 1974; IP2 permanently ceased operations on
April 30, 2020; and ENOI has certified to the NRC its decision to
permanently cease operations at IP3 by April 30, 2021. The IPEC is
located in Buchanan, New York, in Westchester County, on the east bank
of the Hudson River.
II.
By application dated November 21, 2019 (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML19326B953), as
supplemented by information provided in letters from Holtec
Decommissioning International, LLC (HDI) dated December 19, 2019;
January 17, 2020; February 12, 2020; and August 7, 2020 (ADAMS
Accession Nos. ML19354A698, ML20017A290, ML20043C539, and ML20220A666,
respectively), ENOI, on behalf of itself; Entergy Nuclear Indian Point
2, LLC; Entergy Nuclear Indian Point 3, LLC; Holtec International
(Holtec); and HDI (collectively, the Applicants), requested, pursuant
to Section 184, ``Inalienability of Licenses,'' of the Atomic Energy
Act of 1954, as amended (AEA), and Sections 50.80, ``Transfer of
licenses,'' and 72.50, ``Transfer of license,'' of Title 10 of the Code
of Federal Regulations (10 CFR), that the NRC consent to the transfer
of control of the IPEC licenses to Holtec subsidiaries. The Holtec
subsidiaries would be known as Holtec Indian Point 2, LLC (Holtec IP2)
and Holtec Indian Point 3, LLC (Holtec IP3). The Applicants also
requested that the NRC consent to the transfer of ENOI's operating
authority (i.e., its authority to conduct licensed activities at the
IPEC) to HDI. Finally, the Applicants requested that the NRC approve
conforming administrative amendments to the IPEC licenses to reflect
the proposed license transfer and to delete certain license conditions
to reflect the satisfaction and termination of certain obligations
after the license transfer pursuant to 10 CFR 50.90, ``Application for
amendment of license, construction permit, or early site permit.''
Upon an NRC approval of the license transfer application and the
consummation of the proposed transfer transaction, Holtec IP2 would be
the licensed owner for IP1 and IP2 and Holtec IP3 would be the licensed
owner for IP3. Holtec IP2 and Holtec IP3 would also respectively own
each unit's associated assets and real estate, including each unit's
decommissioning trust fund, title to spent nuclear fuel, and rights
pursuant to the terms of the Standard Contract for Disposal of Spent
Nuclear Fuel and/or High-Level Radioactive Waste with the U.S.
Department of Energy. A wholly-owned subsidiary of Holtec, Nuclear
Asset Management Company, LLC, would acquire all equity interests in
the parent companies owning the three units and would emerge as the
direct parent company owner of both Holtec IP2 and Holtec IP3.
Holtec IP2 and Holtec IP3 would enter into an operating agreement
for decommissioning services with HDI, which would act as their agent,
and Holtec IP2 and Holtec IP3 would pay for HDI's decommissioning,
spent fuel management, and site restoration costs incurred at the IPEC;
HDI would be the licensed operator for the IPEC. HDI would assume
responsibility for compliance with NRC regulations and the current
licensing basis, including regulatory commitments that exist at the
consummation of the proposed transfer transaction, and would implement
any changes under applicable regulatory requirements and practices.
Comprehensive Decommissioning International, LLC, a general contractor
to HDI, would perform day-to-day activities at the IPEC, including
decommissioning activities, pursuant to a general contractor agreement
between it and HDI, subject to HDI's direct oversight and control as
the licensed operator.
Nuclear Asset Management Company, LLC and HDI would be direct,
wholly-owned subsidiaries of Holtec Power, Inc., which is a direct,
wholly-owned subsidiary of Holtec.
The NRC published the notice of consideration of approval of the
license transfer application and of consideration of amending the
licenses to reflect the proposed transfer in the Federal Register on
January 23, 2020 (85 FR 3947). This notice provided an opportunity to
request a hearing within 20 days and an opportunity to comment within
30 days. The comment period was extended on February 19, 2020 (85 FR
9486), for an additional 30 days.
In response, on February 11, 2020, the Safe Energy Rights Group,
Inc. (ADAMS Accession No. ML20042C984) and, on February 12, 2020, the
State of New York (ADAMS Accession No. ML20043E118); the Town of
Cortlandt, Village of Buchanan, and Hendrick Hudson School District
(ADAMS Accession No. ML20043F054); and Riverkeeper, Inc. (ADAMS
Accession No. ML20043F530) each filed separate hearing requests. These
hearing requests are pending before the Commission. The NRC also
received over 400 comment submissions, which the NRC staff listed and
summarized in its safety evaluation related to the license transfer
application. The staff reviewed the hearing requests and comment
submissions and considered them as part of its evaluation of the
application.
The letter from HDI dated February 12, 2020, requested, in support
of the license transfer application, an exemption from 10 CFR
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) to allow the use of funds
from the IP1, IP2, and IP3 decommissioning trust funds for spent fuel
management and site restoration activities at the IPEC and to allow
disbursements from the IP1, IP2, and IP3 decommissioning trust funds
for these activities to be made without prior notice, similar to
withdrawals in accordance with 10 CFR 50.82(a)(8). Separate from this
Order, the NRC staff reviewed and approved the exemption request (ADAMS
Accession No. ML20309A788). The staff is issuing its approval of the
exemption request concurrent with its approval of the license transfer
application; the exemption is effective immediately, but will only
apply to Holtec IP2, Holtec IP3, and HDI if and when the proposed
transfer transaction is consummated.
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
license transfer application, as supplemented, and other information
before the Commission, and relying upon the representations and
agreements contained in the application, the NRC staff has determined
that Holtec IP2, Holtec IP3, and HDI are qualified to be the holders of
the IPEC licenses and that the transfer of the IPEC licenses, as
[[Page 76628]]
described in the application, is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission
pursuant thereto, subject to the conditions set forth below.
Upon review of the application, as supplemented, for conforming
administrative amendments to the IPEC licenses to reflect the transfer,
the NRC staff has determined that:
(1) The application for amendments complies with the standards and
requirements of the AEA and the Commission's rules and regulations set
forth in 10 CFR chapter I.
(2) The facility will operate in conformity with the application,
the provisions of the AEA, 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 November 23, 2020, which is available
at ADAMS Accession No. ML20297A333.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the AEA,
42 U.S.C. Sections 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 license transfer
application, as described herein, is approved, subject to the following
conditions:
(1) At least 2 business days before the planned closing date of the
purchase and sale transaction, Holtec shall provide the Directors of
the NRC's Office of Nuclear Material Safety and Safeguards (NMSS) and
Office of Nuclear Reactor Regulation (NRR) with pre-notification that
Holtec IP2 and Holtec IP3 and HDI will enter into a decommissioning
operator services agreement that provides for HDI to act as agent for
Holtec IP2 and Holtec IP3 and for Holtec IP2 and Holtec IP3 to pay
HDI's costs of post-shutdown operations, including decommissioning and
spent fuel management costs.
(2) Before the closing of the license transfer, Holtec IP2, Holtec
IP3, and HDI shall provide the Directors of NMSS and 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).
(3) 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.
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 letter transmitting this Order, to reflect the subject license
transfer are approved. The amendments shall be issued and made
effective at the time the proposed transfer actions are completed.
It is further ordered that at least 2 business days before the
planned closing date of the purchase and sale transaction, ENOI shall
provide the Directors of NMSS and NRR with pre-notification of the
planned transaction. Should the proposed transfer not be completed
within 1 year of the date of this Order, 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 November 21, 2019, as supplemented by letters dated December 19,
2019; January 17, 2020; February 12, 2020; and August 7, 2020, and the
associated NRC staff safety evaluation dated November 23, 2020, which
are available for public inspection 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 [email protected].
Dated: November 23, 2020.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
Ho K. Nieh,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-26278 Filed 11-27-20; 8:45 am]
BILLING CODE 7590-01-P
