Braidwood Station, Units 1 and 2; Byron Station, Unit Nos. 1 and 2; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Clinton Power Station, Unit No. 1; Dresden Nuclear Power Station, Units 1, 2, and 3; James A. FitzPatrick Nuclear Power Plant; LaSalle County Station, Units 1 and 2; Limerick Generating Station, Units 1 and 2; Nine Mile Point Nuclear Station, Units 1 and 2; Peach Bottom Atomic Power Station, Units 1, 2, and 3; Quad Cities Nuclear Power Station, Units 1 and 2; R. E. Ginna Nuclear Power Plant; Salem Nuclear Generating Station, Unit Nos. 1 and 2; Three Mile Island Nuclear Station, Unit 1; Zion Nuclear Power Station, Units 1 and 2; and the Associated Independent Spent Fuel Storage Installations; Consideration of Approval of Transfer of Licenses and Conforming Amendments, 23437-23441 [2021-09218]
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. STN 50–456, STN 50–457, 72–
73, STN 50–454, STN 50–455, 72–68, 50–
317, 50–318, 72–8, 50–461, 72–1046, 50–10,
50–237, 50–249, 72–37, 50–333, 72–12, 50–
373, 50–374, 72–70, 50–352, 50–353, 72–65,
50–220, 50–410, 72–1036, 50–171, 50–277,
50–278, 72–29, 50–254, 50–265, 72–53, 50–
244, 72–67, 50–272, 50–311, 72–48, 50–289,
72–77, 50–295, 50–304, and 72–1037; NRC–
2021–0099]
Braidwood Station, Units 1 and 2;
Byron Station, Unit Nos. 1 and 2;
Calvert Cliffs Nuclear Power Plant,
Units 1 and 2; Clinton Power Station,
Unit No. 1; Dresden Nuclear Power
Station, Units 1, 2, and 3; James A.
FitzPatrick Nuclear Power Plant;
LaSalle County Station, Units 1 and 2;
Limerick Generating Station, Units 1
and 2; Nine Mile Point Nuclear Station,
Units 1 and 2; Peach Bottom Atomic
Power Station, Units 1, 2, and 3; Quad
Cities Nuclear Power Station, Units 1
and 2; R. E. Ginna Nuclear Power
Plant; Salem Nuclear Generating
Station, Unit Nos. 1 and 2; Three Mile
Island Nuclear Station, Unit 1; Zion
Nuclear Power Station, Units 1 and 2;
and the Associated Independent Spent
Fuel Storage Installations;
Consideration of Approval of Transfer
of Licenses and Conforming
Amendments
Nuclear Regulatory
Commission.
ACTION: Application for indirect transfer
of licenses; opportunity to comment,
request a hearing, and petition for leave
to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC, the Commission)
received and is considering approval of
an application filed by Exelon
Generation Company, LLC (EGC), on
behalf of itself and Exelon Corporation;
Exelon FitzPatrick, LLC; Nine Mile
Point Nuclear Station, LLC (NMP LLC);
R. E. Ginna Nuclear Power Plant, LLC
(Ginna LLC); and Calvert Cliffs Nuclear
Power Plant, LLC (Calvert LLC)
(collectively, the applicants), on
February 25, 2021. The applicants seek
NRC approval of the indirect transfer of
their facility operating licenses,
materials license, and general licenses.
The NRC is also considering amending
the licenses for administrative purposes
to reflect the proposed transfer. The
application contains sensitive
unclassified non-safeguards information
(SUNSI).
DATES: Comments must be filed by June
2, 2021. A request for a hearing must be
filed by May 24, 2021. Any potential
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SUMMARY:
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party as defined in § 2.4 of title 10 of the
Code of Federal Regulations (10 CFR),
who believes access to SUNSI is
necessary to respond to this notice must
follow the instructions in Section VI of
the SUPPLEMENTARY INFORMATION section
of this notice.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking website:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0099. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Email comments to:
Hearing.Docket@nrc.gov. If you do not
receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Blake A. Purnell, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1380; email: Blake.Purnell@nrc.gov.
SUPPLEMENTARY INFORMATION:
23437
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 ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document.
• 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 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (EST),
Monday through Friday, except Federal
holidays.
I. Obtaining Information and
Submitting Comments
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2021–0099 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
A. Obtaining Information
Please refer to Docket ID NRC–2021–
0099 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0099.
• 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
II. Introduction
The NRC is considering the issuance
of an order under 10 CFR 50.80 and
72.50 approving the indirect transfer of
control of Renewed Facility Operating
License Nos. NPF–72 and NPF–77 for
Braidwood Station (Braidwood), Units 1
and 2, respectively; Renewed Facility
Operating License Nos. NPF–37 and
NPF–66 for Byron Station (Byron), Unit
Nos. 1 and 2, respectively; Renewed
Facility Operating License Nos. DPR–53
and DPR–69 for Calvert Cliffs Nuclear
Power Plant (Calvert Cliffs), Units 1 and
2, respectively; Facility Operating
License No. NPF–62 for Clinton Power
Station (Clinton), Unit No. 1; Facility
Operating License No. DPR–2 and
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices
Renewed Facility Operating License
Nos. DPR–19 and DPR–25 for Dresden
Nuclear Power Station (Dresden), Units
1, 2, and 3, respectively; Renewed
Facility Operating License No. DPR–59
for James A. FitzPatrick Nuclear Power
Plant (FitzPatrick); Renewed Facility
Operating License Nos. NPF–11 and
NPF–18 for LaSalle County Station
(LaSalle), Units 1 and 2, respectively;
Renewed Facility Operating License
Nos. NPF–39 and NPF–85 for Limerick
Generating Station (Limerick), Units 1
and 2, respectively; Renewed Facility
Operating License Nos. DPR–63 and
NPF–69 for Nine Mile Point Nuclear
Station (NMP), Units 1 and 2,
respectively; Facility Operating License
No. DPR–12 and Subsequent Renewed
Facility Operating License Nos. DPR–44
and DPR–56 for Peach Bottom Atomic
Power Station (Peach Bottom), Units 1,
2, and 3, respectively; Renewed Facility
Operating License Nos. DPR–29 and
DPR–30 for Quad Cities Nuclear Power
Station (Quad Cities), Units 1 and 2,
respectively; Renewed Facility
Operating License No. DPR–18 for R. E.
Ginna Nuclear Power Plant (Ginna);
Renewed Facility Operating License
Nos. DPR–70 and DPR–75 for Salem
Nuclear Generating Station (Salem),
Unit Nos. 1 and 2, respectively;
Renewed Facility License No. DPR–50
for Three Mile Island Nuclear Station
(TMI), Unit 1; Facility Operating
License Nos. DPR–39 and DPR–48 for
Zion Nuclear Power Station (Zion),
Units 1 and 2, respectively; Renewed
Materials License No. SNM–2505 for the
independent spent fuel storage
installation (ISFSI) at Calvert Cliffs; and
the general licenses for the ISFSIs at the
other sites (collectively, the licenses).
These reactor units and associated
ISFSIs are collectively referred to as the
facilities. The NRC is also considering
amending the licenses for
administrative purposes to reflect the
proposed transfer.
The application dated February 25,
2021 (ADAMS Accession No.
ML21057A273), as supplemented by
letter dated March 25, 2021 (ADAMS
Accession No. ML21084A165), requests
that the NRC consent to the indirect
transfer of control of the licenses to
support a proposed transaction in which
Exelon Corporation will transfer its 100
percent ownership of EGC to a newlycreated subsidiary that will then be
spun off to Exelon Corporation
shareholders, becoming EGC’s new
ultimate parent company. Once the spin
transaction is completed, the new
ultimate parent company, EGC, and its
subsidiaries will no longer be affiliated
with Exelon Corporation. EGC will
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remain the same Pennsylvania limited
liability company as before the
proposed transaction and will continue
to own and/or operate the facilities, as
applicable, and hold the licenses, but it
will be renamed and reorganized. The
name of the new ultimate parent
company and the renamed EGC are yet
to be determined; therefore, the
application refers to these companies as
HoldCo and SpinCo, respectively. The
application also requests that the NRC
consent to the indirect transfer of
control of the licenses for the
FitzPatrick, NMP, and Ginna facilities
(i.e., the reactor units and associated
ISFSIs) to support the reorganization of
EGC.
According to the application, EGC
(operating under a new name) would
continue to operate Braidwood, Units 1
and 2; Byron, Unit Nos. 1 and 2; Calvert
Cliffs, Units 1 and 2; Clinton, Unit No.
1; Dresden, Units 1, 2, and 3;
FitzPatrick; LaSalle, Units 1 and 2;
Limerick, Units 1 and 2; NMP, Units 1
and 2; Peach Bottom, Units 1, 2, and 3;
Quad Cities, Units 1 and 2; Ginna; TMI,
Unit 1; and the associated ISFSIs.
Although operation of the Dresden, Unit
1; Peach Bottom, Unit 1; and TMI, Unit
1, reactors is no longer authorized, EGC
(operating under a new name) would
continue to perform certain activities
(e.g., decommissioning) at these
facilities, as authorized by NRC
regulations and the licenses for these
facilities.
According to the application, EGC
(operating under a new name) would
continue to be the full or partial direct
owner of Braidwood, Units 1 and 2;
Byron, Unit Nos. 1 and 2; Clinton, Unit
No. 1; Dresden, Units 1, 2, and 3;
LaSalle, Units 1 and 2; Limerick, Units
1 and 2; Peach Bottom, Units 1, 2, and
3; Quad Cities, Units 1 and 2; Salem,
Unit Nos. 1 and 2; TMI, Unit 1; and
their ISFSIs.
The February 25, 2021, application, as
supplemented, describes additional
proposed changes, including the
reorganization of EGC, that would affect
the ownership and operation of the
FitzPatrick, Calvert Cliffs, NMP, and
Ginna facilities (i.e., the reactor units
and associated ISFSIs). Currently, the
FitzPatrick facilities are directly owned
by Exelon FitzPatrick, LLC, which is a
fully owned subsidiary of EGC. The
Calvert Cliffs, NMP, and Ginna facilities
are directly owned, in full or in part, by
Calvert LLC, NMP LLC, and Ginna LLC,
respectively, which are indirectly
owned by EGC. According to the
application, Exelon FitzPatrick, LLC
(operating under a new name), Calvert
LLC, NMP LLC, and Ginna LLC, would
continue to own and hold the licenses
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for the FitzPatrick, Calvert Cliffs, NMP,
and Ginna facilities, respectively.
The application, as supplemented,
requests that the NRC consent to the
indirect transfer of Exelon FitzPatrick,
LLC’s, NMP LLC’s, and Ginna LLC’s
respective ownership interests in the
FitzPatrick, NMP, and Ginna facilities,
whereby these entities and, as
applicable, parent entities, would
become subsidiaries of a newly-created,
wholly-owned subsidiary of SpinCo.
The name of this new subsidiary is yet
to be determined; therefore, the
application, as supplemented, refers to
this subsidiary as New York HoldCo.
Additionally, Exelon FitzPatrick, LLC
will be renamed. The new name for
Exelon FitzPatrick, LLC is yet to be
determined; therefore, the application,
as supplemented, refers to it as New
FitzPatrick, LLC.
The February 25, 2021, application, as
supplemented, also requests NRC
approval to replace existing nuclear
operating services agreements and
financial support agreements associated
with the ownership and operation of the
Calvert Cliffs, NMP, Ginna, and
FitzPatrick facilities. The application
requests NRC approval to transfer the
qualified and non-qualified trusts for
FitzPatrick from Exelon Generation
Consolidation, LLC (a subsidiary of
EGC) to New FitzPatrick, LLC. The
application, as supplemented, requests
amendments to the Calvert Cliffs, Units
1 and 2; NMP, Units 1 and 2; and Ginna
licenses to delete conditions referencing
the Constellation Energy Nuclear Group,
LLC (a subsidiary of EGC at the time of
the proposed transaction) Board and its
operating agreement to reflect the
internal reorganization of EGC described
in the application.
By order dated November 26, 2019
(ADAMS Accession No. ML19228A130),
as modified by order dated October 21,
2020 (ADAMS Accession No.
ML20259A469), the NRC authorized the
direct transfer of Facility Operating
License Nos. DPR–39 and DPR–48 for
Zion, Units 1 and 2, respectively, and
the generally licensed Zion ISFSI from
ZionSolutions, LLC to EGC. Prior to
completing the Zion license transfer,
ZionSolutions, LLC must complete the
decommissioning of Zion, Units 1 and
2. Once the Zion license transfer is
completed, EGC will hold the licenses
for Zion, Units 1 and 2, and own,
operate, and hold the license for the
Zion ISFSI. According to the February
25, 2021, application, the Zion license
transfer will be completed prior to the
spin transaction; therefore, following
the spin transaction, EGC (operating
under a new name) would continue to
hold the licenses for Zion, Units 1 and
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices
2, and own, operate, and hold the
license for the Zion ISFSI.
No physical changes to the facilities
or operational changes are being
proposed in the application.
The NRC’s regulations at 10 CFR
50.80 and 72.50 state that no license, or
any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission gives its
consent in writing. The Commission
will approve an application for the
indirect transfer of a license, if the
Commission determines that the
proposed transfer will not affect the
qualifications of the licensee to hold the
license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
Before issuance of the proposed
conforming license amendments, the
Commission will have made findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s regulations.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
Commission with regard to a specific
application, the Commission has
determined that any amendment to the
license of a utilization facility or to the
license of an ISFSI that does no more
than conform the license to reflect the
transfer action involves no significant
hazards consideration and no genuine
issue as to whether the health and safety
of the public will be significantly
affected. No contrary determination has
been made with respect to this specific
license amendment application. In light
of the generic determination reflected in
10 CFR 2.1315, no public comments
with respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
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III. Opportunity To Comment
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted as described in the
ADDRESSES section of this document.
IV. Opportunity To Request a Hearing
and Petition for Leave to Intervene
Within 20 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
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intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s website at
https://www.nrc.gov/reading-rm/doccollections/cfr/. If a petition is filed, the
Commission or a presiding officer will
rule on the petition and, if appropriate,
a notice of a hearing will be issued.
As required by 10 CFR 2.309(d), the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements for
standing: (1) The name, address, and
telephone number of the petitioner; (2)
the nature of the petitioner’s right to be
made a party to the proceeding; (3) the
nature and extent of the petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
petitioner’s interest.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the
specific contentions which the
petitioner seeks to have litigated in the
proceeding. Each contention must
consist of a specific statement of the
issue of law or fact to be raised or
controverted. In addition, the petitioner
must provide a brief explanation of the
bases for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to the specific
sources and documents on which the
petitioner intends to rely to support its
position on the issue. The petition must
include sufficient information to show
that a genuine dispute exists with the
applicant or licensee on a material issue
of law or fact. Contentions must be
limited to matters within the scope of
the proceeding. The contention must be
one which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements at 10
CFR 2.309(f) with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene. Parties have the opportunity
to participate fully in the conduct of the
hearing with respect to resolution of
that party’s admitted contentions,
including the opportunity to present
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23439
evidence, consistent with the NRC’s
regulations, policies, and procedures.
Petitions must be filed no later than
20 days from the date of publication of
this notice. Petitions and motions for
leave to file new or amended
contentions that are filed after the
deadline will not be entertained absent
a determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i) through (iii). The petition
must be filed in accordance with the
filing instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document.
A State, local governmental body,
Federally recognized Indian Tribe, or
agency thereof may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission no later than 20 days from
the date of publication of this notice.
The petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions set
forth in this section, except that under
10 CFR 2.309(h)(2) a State, local
governmental body, Federally
recognized Indian Tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. Alternatively, a State,
local governmental body, Federally
recognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
If a hearing is granted, any person
who is not a party to the proceeding and
is not affiliated with or represented by
a party may, at the discretion of the
presiding officer, be permitted to make
a limited appearance pursuant to the
provisions of 10 CFR 2.315(a). A person
making a limited appearance may make
an oral or written statement of his or her
position on the issues but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to the
limits and conditions as may be
imposed by the presiding officer. Details
regarding the opportunity to make a
limited appearance will be provided by
the presiding officer if such sessions are
scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/sitehelp/e-submittals.html. Participants
may not submit paper copies of their
filings unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the hearing in this proceeding
if the Secretary has not already
established an electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html.Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the E-
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Filing system timestamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
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Frm 00099
Fmt 4703
Sfmt 4703
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘cancel’’ when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
For further details with respect to this
application, see the application dated
February 25, 2021, as supplemented on
March 25, 2021.
VI. Access to Sensitive Unclassified
Non-Safeguards Information for
Contention Preparation
Any person who desires access to
proprietary, confidential commercial
information that has been redacted from
the application should contact the
applicant by telephoning Tamra
Domeyer, EGC, at (630) 657–3753 or
Alex Polonsky, Morgan, Lewis &
Bockius LLP, at (202) 739–5830 for the
purpose of negotiating a confidentiality
agreement or a proposed protective
order with the applicant. If no
agreement can be reached, persons who
desire access to this information may
file a motion with the Secretary and
addressed to the Commission that
requests the issuance of a protective
order.
Dated: April 28, 2021.
E:\FR\FM\03MYN1.SGM
03MYN1
Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices
For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2021–09218 Filed 4–30–21; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Privacy Act of 1974; System of
Records
Office of the Chief Financial
Officer, Office of Personnel
Management.
ACTION: Notice of a New System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Office of
Personnel Management (OPM) proposes
to add a new system of records, titled
‘‘OPM/Internal-23 Financial
Management Records.’’ This system of
records contains financial records that
OPM collects, maintains, and uses to
manage its critical financial
responsibilities. This system of records
will be included in OPM’s inventory of
record systems.
DATES: Please submit comments on or
before June 2, 2021. This new system is
effective upon publication in today’s
Federal Register, with the exception of
the routine uses, which are effective
June 7, 2021.
ADDRESSES: You may submit written
comments via the Federal Rulemaking
Portal: https://www.regulations.gov. All
submissions received must include the
agency name and docket number for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
For
general questions, please contact:
Rochelle Bayard, Associate Chief
Financial Officer, Office of Personnel
Management, at 202–606–1918 or
OPMFinApps@opm.gov. For privacy
questions, please contact: Kellie
Cosgrove Riley, Chief Privacy Officer,
Office of Personnel Management at
privacy@opm.gov.
SUPPLEMENTARY INFORMATION: The Office
of Personnel Management (OPM) is
establishing the OPM/Internal 23
Financial Management Records system
of records in order to clarify and
VerDate Sep<11>2014
20:34 Apr 30, 2021
Jkt 253001
provide greater transparency regarding
its financial records. OPM’s Office of the
Chief Financial Officer (OCFO) uses the
records covered by this SORN in
support of its financial management
responsibilities, and to successfully
implement OPM OCFO’s internal and
external budget and finance
responsibilities.
The records in this system of records
are used to meet accounting and
financial reporting requirements and are
a comprehensive source of financial,
budget, and performance information to
OPM program offices. They include
records pertaining to purchasing,
accounts receivables, accounts payable,
disbursements, and other budget
activities. The records are used for
billing and collection, project costing,
and funds control as well as to update
budgets, financial plans, and the general
ledger. The records are also critical to
required financial auditing and
reporting requirements.
The records include those that are
used to support the acquisition
management lifecycle, from
requisitioning through source selection,
award, post award management, blanket
purchase agreements, interagency
agreements, and closeout.
This system of records does not
include those records used to
administer the pay, leave, and travel
requirements of OPM or the
administration of the fare subsidy
program, which are included in the
OPM Internal-5 Pay, Leave, and Travel
system of records. It also does not
include records that are used to enable
travel service providers under contract
to the Federal Government to authorize,
issue, or account for travel and travel
reimbursements provided to individuals
on official Federal Government
business, which are covered under
GSA/GOVT–4 Contracted Travel
Services Program, 74 FR 26700 (June 3,
2009), and GSA/GOVT–4. Contracted
Travel Services Program, 74 FR 28048
(June 12, 2009).
SYSTEM NAME AND NUMBER:
Financial Management Records,
OPM/Internal-23.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The Office of the Chief Financial
Officer, Office of Personnel Management
is responsible for the records in this
system of records. Records are located at
1900 E Street NW, Washington, DC and,
pursuant to an inter-agency agreement
with the Department of Transportation,
Federal Aviation Authority, in
Oklahoma City, Oklahoma.
PO 00000
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Fmt 4703
Sfmt 4703
23441
SYSTEM MANAGER(S):
Associate Chief Financial Officer for
Financial Strategy and Operations,
Office of Personnel Management, 1900 E
Street NW, Washington, DC 20415–
1100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. Title 31, Subtitles II and III;
Public Law 101–576; Public Law 104–
208; OMB Circular A–123; OMB
Memorandum 16–11; OMB
Memorandum 13–08, Executive Order
9397, as amended by Executive Order
13478.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to permit OPM to collect and
maintain records to administer its
financial management responsibilities.
This includes conducting all activities
related to accounts receivable and
accounts payable, budgeting,
purchasing, acquisitions,
reimbursement, settlements, and debt
collections for OPM. The records are
also used to meet financial auditing and
reporting requirements, both within
OPM and external to OPM, such as to
other Federal and private sector entities
as required and necessary in accordance
with existing laws and regulations; and
to support the acquisition management
lifecycle, from requisitioning through
source selection, award, post award
management, blanket purchase
agreements, interagency agreements,
and closeout.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals to whom OPM has a
financial obligation, including current
and former federal employees, vendors,
contractors, experts, and others who are
owed monies from OPM; and
individuals who are indebted to OPM,
including those who receive goods and
services from OPM, those indebted for
advancements or overpayments, and
those who are otherwise financially
liable to OPM.
CATEGORIES OF RECORDS:
a. Name,
b. Social Security number,
c. Bank account information,
d. Credit card number,
e. Data Universal Numbering System
(DUNS) number
f. Employee identification number.
g. Tax identification number.
h. addresses and other general contact
information, such as phone numbers,
facsimile numbers, and email addresses.
i. records of expenses, such as bills,
receipts.
j. records of payments.
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23437-23441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09218]
[[Page 23437]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-456, STN 50-457, 72-73, STN 50-454, STN 50-455, 72-
68, 50-317, 50-318, 72-8, 50-461, 72-1046, 50-10, 50-237, 50-249, 72-
37, 50-333, 72-12, 50-373, 50-374, 72-70, 50-352, 50-353, 72-65, 50-
220, 50-410, 72-1036, 50-171, 50-277, 50-278, 72-29, 50-254, 50-265,
72-53, 50-244, 72-67, 50-272, 50-311, 72-48, 50-289, 72-77, 50-295, 50-
304, and 72-1037; NRC-2021-0099]
Braidwood Station, Units 1 and 2; Byron Station, Unit Nos. 1 and
2; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Clinton Power
Station, Unit No. 1; Dresden Nuclear Power Station, Units 1, 2, and 3;
James A. FitzPatrick Nuclear Power Plant; LaSalle County Station, Units
1 and 2; Limerick Generating Station, Units 1 and 2; Nine Mile Point
Nuclear Station, Units 1 and 2; Peach Bottom Atomic Power Station,
Units 1, 2, and 3; Quad Cities Nuclear Power Station, Units 1 and 2; R.
E. Ginna Nuclear Power Plant; Salem Nuclear Generating Station, Unit
Nos. 1 and 2; Three Mile Island Nuclear Station, Unit 1; Zion Nuclear
Power Station, Units 1 and 2; and the Associated Independent Spent Fuel
Storage Installations; Consideration of Approval of Transfer of
Licenses and Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of licenses; opportunity to
comment, request a hearing, and petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
received and is considering approval of an application filed by Exelon
Generation Company, LLC (EGC), on behalf of itself and Exelon
Corporation; Exelon FitzPatrick, LLC; Nine Mile Point Nuclear Station,
LLC (NMP LLC); R. E. Ginna Nuclear Power Plant, LLC (Ginna LLC); and
Calvert Cliffs Nuclear Power Plant, LLC (Calvert LLC) (collectively,
the applicants), on February 25, 2021. The applicants seek NRC approval
of the indirect transfer of their facility operating licenses,
materials license, and general licenses. The NRC is also considering
amending the licenses for administrative purposes to reflect the
proposed transfer. The application contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Comments must be filed by June 2, 2021. A request for a hearing
must be filed by May 24, 2021. Any potential party as defined in Sec.
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who
believes access to SUNSI is necessary to respond to this notice must
follow the instructions in Section VI of the SUPPLEMENTARY INFORMATION
section of this notice.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking website:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0099. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Blake A. Purnell, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1380; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2021-0099 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0099.
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 ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
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 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2021-0099 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under 10 CFR 50.80
and 72.50 approving the indirect transfer of control of Renewed
Facility Operating License Nos. NPF-72 and NPF-77 for Braidwood Station
(Braidwood), Units 1 and 2, respectively; Renewed Facility Operating
License Nos. NPF-37 and NPF-66 for Byron Station (Byron), Unit Nos. 1
and 2, respectively; Renewed Facility Operating License Nos. DPR-53 and
DPR-69 for Calvert Cliffs Nuclear Power Plant (Calvert Cliffs), Units 1
and 2, respectively; Facility Operating License No. NPF-62 for Clinton
Power Station (Clinton), Unit No. 1; Facility Operating License No.
DPR-2 and
[[Page 23438]]
Renewed Facility Operating License Nos. DPR-19 and DPR-25 for Dresden
Nuclear Power Station (Dresden), Units 1, 2, and 3, respectively;
Renewed Facility Operating License No. DPR-59 for James A. FitzPatrick
Nuclear Power Plant (FitzPatrick); Renewed Facility Operating License
Nos. NPF-11 and NPF-18 for LaSalle County Station (LaSalle), Units 1
and 2, respectively; Renewed Facility Operating License Nos. NPF-39 and
NPF-85 for Limerick Generating Station (Limerick), Units 1 and 2,
respectively; Renewed Facility Operating License Nos. DPR-63 and NPF-69
for Nine Mile Point Nuclear Station (NMP), Units 1 and 2, respectively;
Facility Operating License No. DPR-12 and Subsequent Renewed Facility
Operating License Nos. DPR-44 and DPR-56 for Peach Bottom Atomic Power
Station (Peach Bottom), Units 1, 2, and 3, respectively; Renewed
Facility Operating License Nos. DPR-29 and DPR-30 for Quad Cities
Nuclear Power Station (Quad Cities), Units 1 and 2, respectively;
Renewed Facility Operating License No. DPR-18 for R. E. Ginna Nuclear
Power Plant (Ginna); Renewed Facility Operating License Nos. DPR-70 and
DPR-75 for Salem Nuclear Generating Station (Salem), Unit Nos. 1 and 2,
respectively; Renewed Facility License No. DPR-50 for Three Mile Island
Nuclear Station (TMI), Unit 1; Facility Operating License Nos. DPR-39
and DPR-48 for Zion Nuclear Power Station (Zion), Units 1 and 2,
respectively; Renewed Materials License No. SNM-2505 for the
independent spent fuel storage installation (ISFSI) at Calvert Cliffs;
and the general licenses for the ISFSIs at the other sites
(collectively, the licenses). These reactor units and associated ISFSIs
are collectively referred to as the facilities. The NRC is also
considering amending the licenses for administrative purposes to
reflect the proposed transfer.
The application dated February 25, 2021 (ADAMS Accession No.
ML21057A273), as supplemented by letter dated March 25, 2021 (ADAMS
Accession No. ML21084A165), requests that the NRC consent to the
indirect transfer of control of the licenses to support a proposed
transaction in which Exelon Corporation will transfer its 100 percent
ownership of EGC to a newly-created subsidiary that will then be spun
off to Exelon Corporation shareholders, becoming EGC's new ultimate
parent company. Once the spin transaction is completed, the new
ultimate parent company, EGC, and its subsidiaries will no longer be
affiliated with Exelon Corporation. EGC will remain the same
Pennsylvania limited liability company as before the proposed
transaction and will continue to own and/or operate the facilities, as
applicable, and hold the licenses, but it will be renamed and
reorganized. The name of the new ultimate parent company and the
renamed EGC are yet to be determined; therefore, the application refers
to these companies as HoldCo and SpinCo, respectively. The application
also requests that the NRC consent to the indirect transfer of control
of the licenses for the FitzPatrick, NMP, and Ginna facilities (i.e.,
the reactor units and associated ISFSIs) to support the reorganization
of EGC.
According to the application, EGC (operating under a new name)
would continue to operate Braidwood, Units 1 and 2; Byron, Unit Nos. 1
and 2; Calvert Cliffs, Units 1 and 2; Clinton, Unit No. 1; Dresden,
Units 1, 2, and 3; FitzPatrick; LaSalle, Units 1 and 2; Limerick, Units
1 and 2; NMP, Units 1 and 2; Peach Bottom, Units 1, 2, and 3; Quad
Cities, Units 1 and 2; Ginna; TMI, Unit 1; and the associated ISFSIs.
Although operation of the Dresden, Unit 1; Peach Bottom, Unit 1; and
TMI, Unit 1, reactors is no longer authorized, EGC (operating under a
new name) would continue to perform certain activities (e.g.,
decommissioning) at these facilities, as authorized by NRC regulations
and the licenses for these facilities.
According to the application, EGC (operating under a new name)
would continue to be the full or partial direct owner of Braidwood,
Units 1 and 2; Byron, Unit Nos. 1 and 2; Clinton, Unit No. 1; Dresden,
Units 1, 2, and 3; LaSalle, Units 1 and 2; Limerick, Units 1 and 2;
Peach Bottom, Units 1, 2, and 3; Quad Cities, Units 1 and 2; Salem,
Unit Nos. 1 and 2; TMI, Unit 1; and their ISFSIs.
The February 25, 2021, application, as supplemented, describes
additional proposed changes, including the reorganization of EGC, that
would affect the ownership and operation of the FitzPatrick, Calvert
Cliffs, NMP, and Ginna facilities (i.e., the reactor units and
associated ISFSIs). Currently, the FitzPatrick facilities are directly
owned by Exelon FitzPatrick, LLC, which is a fully owned subsidiary of
EGC. The Calvert Cliffs, NMP, and Ginna facilities are directly owned,
in full or in part, by Calvert LLC, NMP LLC, and Ginna LLC,
respectively, which are indirectly owned by EGC. According to the
application, Exelon FitzPatrick, LLC (operating under a new name),
Calvert LLC, NMP LLC, and Ginna LLC, would continue to own and hold the
licenses for the FitzPatrick, Calvert Cliffs, NMP, and Ginna
facilities, respectively.
The application, as supplemented, requests that the NRC consent to
the indirect transfer of Exelon FitzPatrick, LLC's, NMP LLC's, and
Ginna LLC's respective ownership interests in the FitzPatrick, NMP, and
Ginna facilities, whereby these entities and, as applicable, parent
entities, would become subsidiaries of a newly-created, wholly-owned
subsidiary of SpinCo. The name of this new subsidiary is yet to be
determined; therefore, the application, as supplemented, refers to this
subsidiary as New York HoldCo. Additionally, Exelon FitzPatrick, LLC
will be renamed. The new name for Exelon FitzPatrick, LLC is yet to be
determined; therefore, the application, as supplemented, refers to it
as New FitzPatrick, LLC.
The February 25, 2021, application, as supplemented, also requests
NRC approval to replace existing nuclear operating services agreements
and financial support agreements associated with the ownership and
operation of the Calvert Cliffs, NMP, Ginna, and FitzPatrick
facilities. The application requests NRC approval to transfer the
qualified and non-qualified trusts for FitzPatrick from Exelon
Generation Consolidation, LLC (a subsidiary of EGC) to New FitzPatrick,
LLC. The application, as supplemented, requests amendments to the
Calvert Cliffs, Units 1 and 2; NMP, Units 1 and 2; and Ginna licenses
to delete conditions referencing the Constellation Energy Nuclear
Group, LLC (a subsidiary of EGC at the time of the proposed
transaction) Board and its operating agreement to reflect the internal
reorganization of EGC described in the application.
By order dated November 26, 2019 (ADAMS Accession No. ML19228A130),
as modified by order dated October 21, 2020 (ADAMS Accession No.
ML20259A469), the NRC authorized the direct transfer of Facility
Operating License Nos. DPR-39 and DPR-48 for Zion, Units 1 and 2,
respectively, and the generally licensed Zion ISFSI from ZionSolutions,
LLC to EGC. Prior to completing the Zion license transfer,
ZionSolutions, LLC must complete the decommissioning of Zion, Units 1
and 2. Once the Zion license transfer is completed, EGC will hold the
licenses for Zion, Units 1 and 2, and own, operate, and hold the
license for the Zion ISFSI. According to the February 25, 2021,
application, the Zion license transfer will be completed prior to the
spin transaction; therefore, following the spin transaction, EGC
(operating under a new name) would continue to hold the licenses for
Zion, Units 1 and
[[Page 23439]]
2, and own, operate, and hold the license for the Zion ISFSI.
No physical changes to the facilities or operational changes are
being proposed in the application.
The NRC's regulations at 10 CFR 50.80 and 72.50 state that no
license, or any right thereunder, shall be transferred, directly or
indirectly, through transfer of control of the license, unless the
Commission gives its consent in writing. The Commission will approve an
application for the indirect transfer of a license, if the Commission
determines that the proposed transfer will not affect the
qualifications of the licensee to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission
Before issuance of the proposed conforming license amendments, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility
or to the license of an ISFSI that does no more than conform the
license to reflect the transfer action involves no significant hazards
consideration and no genuine issue as to whether the health and safety
of the public will be significantly affected. No contrary determination
has been made with respect to this specific license amendment
application. In light of the generic determination reflected in 10 CFR
2.1315, no public comments with respect to significant hazards
considerations are being solicited, notwithstanding the general comment
procedures contained in 10 CFR 50.91.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted as described in the ADDRESSES section of this document.
IV. Opportunity To Request a Hearing and Petition for Leave to
Intervene
Within 20 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed,
the Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d), the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right to be made a party
to the proceeding; (3) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 20 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
A State, local governmental body, Federally recognized Indian
Tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 20 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
Federally recognized Indian Tribe, or agency thereof does not need to
address the standing requirements in 10 CFR 2.309(d) if the facility is
located within its boundaries. Alternatively, a State, local
governmental body, Federally recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion
[[Page 23440]]
or other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities that request to participate under 10
CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule
(72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3,
2012). The E-Filing process requires participants to submit and serve
all adjudicatory documents over the internet, or in some cases to mail
copies on electronic storage media. Detailed guidance on making
electronic submissions may be found in the Guidance for Electronic
Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies
of their filings unless they seek an exemption in accordance with the
procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html.Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system timestamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected] or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
For further details with respect to this application, see the
application dated February 25, 2021, as supplemented on March 25, 2021.
VI. Access to Sensitive Unclassified Non-Safeguards Information for
Contention Preparation
Any person who desires access to proprietary, confidential
commercial information that has been redacted from the application
should contact the applicant by telephoning Tamra Domeyer, EGC, at
(630) 657-3753 or Alex Polonsky, Morgan, Lewis & Bockius LLP, at (202)
739-5830 for the purpose of negotiating a confidentiality agreement or
a proposed protective order with the applicant. If no agreement can be
reached, persons who desire access to this information may file a
motion with the Secretary and addressed to the Commission that requests
the issuance of a protective order.
Dated: April 28, 2021.
[[Page 23441]]
For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-09218 Filed 4-30-21; 8:45 am]
BILLING CODE 7590-01-P
