In the Matter of Entergy Nuclear Operations, Inc., Entergy Nuclear Palisades, LLC, Holtec International and Holtec Decommissioning International, LLC, Big Rock Point Plant and Palisades Nuclear Plant, 71528-71530 [2021-27274]
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541, 45 CFR
670), as amended by the Antarctic
Science, Tourism and Conservation Act
of 1996, has developed regulations for
the establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
certain geographic areas as requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
Application Details
Permit Application: 2022–026
1. Applicant: Captain Brandon
Savory, 662 Ash St., Prescott AZ, 86305.
Activity for Which Permit is
Requested: Waste management. The
applicant seeks an Antarctic
Conservation Act permit for a planned
yacht-based expedition to the Antarctic
Peninsula Region aboard the vessel Cool
Changes. Activities include shore
landings, photography, and wildlife
viewing. Designated pollutants that
would be generated during the trip
include air emissions, wastewater
(urine, grey water) and solid waste (food
waste, human solid waste, and
packaging materials). Human waste and
grey water will be kept onboard for
disposal at port. If disposal at sea is
necessary during the voyage, these
wastes would be disposed of in offshore
waters, complying with the provisions
of Article 5 of Annex III and Article 6
of Annex IV of MARPOL Protocol. Food
waste will either be macerated and
discharged at least 12 miles from shore
or ice shelves or stored aboard the
vessel for disposal at port. All other
solid waste and garbage will be stored
aboard the vessel for disposal at port.
Location: Antarctic Peninsula Region.
Dates of Permitted Activities: January
7, 2022–March 30, 2026.
Erika N. Davis,
Program Specialist, Office of Polar Programs.
[FR Doc. 2021–27209 Filed 12–15–21; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
khammond on DSKJM1Z7X2PROD with NOTICES
[Docket Nos. 50–155, 50–255, 72–007, and
72–043; NRC–2021–0211]
In the Matter of Entergy Nuclear
Operations, Inc., Entergy Nuclear
Palisades, LLC, Holtec International
and Holtec Decommissioning
International, LLC, Big Rock Point
Plant and Palisades Nuclear Plant
Nuclear Regulatory
Commission.
AGENCY:
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ACTION:
Transfer of licenses; order.
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving the transfer of Renewed
Facility Operating License No. DPR–20
for the Palisades Nuclear Plant
(Palisades), the general license for the
Palisades Independent Spent Fuel
Storage Installation (ISFSI), Facility
Operating License No. DPR–6 for Big
Rock Point Plant (Big Rock Point), and
the general license for the Big Rock
Point ISFSI (referred to collectively as
the Sites and the licenses) to a Holtec
International (Holtec) subsidiary to be
known as Holtec Palisades, LLC (Holtec
Palisades). 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 draft
conforming amendments to 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 Palisades, LLC to Holtec
Palisades.
SUMMARY:
The order was issued on
December 13, 2021, and is effective for
1 year.
ADDRESSES: Please refer to Docket ID
NRC–2021–0211 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–2021–0211. Address
questions about Dockets 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.
• 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
draft conforming license amendments
are available in ADAMS under Package
Accession No. ML21292A155.
DATES:
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• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
(ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Scott P. Wall, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2855; email:
Scott.Wall@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the order is attached.
Dated: December 13, 2021.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing
Branch III, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
Attachment—Order Approving
Transfer of Licenses and Draft
Conforming Administrative License
Amendments
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of: Entergy Nuclear
Operations, Inc., Entergy Nuclear
Palisades, LLC, Big Rock Point Plant
and ISFSI, Palisades Nuclear Plant and
ISFSI EA–21–158
Docket Nos. 50–155, 50–255, 72–007,
and 72–043
License Nos. DPR–6 and DPR–20
ORDER APPROVING TRANSFER OF
LICENSES AND DRAFT
CONFORMING ADMINISTRATIVE
LICENSE AMENDMENTS
I.
Entergy Nuclear Operations, Inc.
(ENOI) and Entergy Nuclear Palisades,
LLC (ENP) are the holders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) Facility Operating
License No. DPR–6 for Big Rock Point
Plant (Big Rock Point), Renewed Facility
Operating License No. DPR–20 for
Palisades Nuclear Plant (Palisades), and
the general licenses for the Big Rock
Point and the Palisades independent
spent fuel storage installations (ISFSIs)
(collectively, the Sites and the licenses).
Big Rock Point permanently ceased
operations on August 29, 1997, and
ENOI has certified to the NRC its
decision to permanently cease
operations at Palisades no later than
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
May 31, 2022. Big Rock Point is located
in Hayes, Michigan, in Charlevoix
County, on the northern shore of
Michigan’s Lower Peninsula. Palisades
is located in Covert, Michigan, in Van
Buren County, on the eastern shore of
Lake Michigan.
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II.
ENOI, on behalf of itself, ENP, Holtec
International (Holtec), and Holtec
Decommissioning International, LLC
(HDI) (collectively, the Applicants),
requested that the NRC consent to the
transfer of control of the licenses to a
Holtec subsidiary to be known as Holtec
Palisades, LLC (Holtec Palisades). The
application, dated December 23, 2020
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML20358A075), as
supplemented by information in letters
from HDI dated December 23, 2020,
December 23, 2020, and October 29,
2021 (ADAMS Accession Nos.
ML20358A232, ML20358A239, and
ML21302A064, respectively), made the
request under Section 184,
‘‘Inalienability of Licenses,’’ of the
Atomic Energy Act of 1954, as amended
(AEA), and Title 10 of the Code of
Federal Regulations (10 CFR) Section
50.80, ‘‘Transfer of licenses,’’ and 10
CFR 72.50, ‘‘Transfer of license.’’ 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 Big Rock
Point and Palisades) to HDI. Finally, the
Applicants requested that the NRC
approve conforming administrative
amendments to the licenses to reflect
the proposed license transfer and the
planned name change from ENP to
Holtec Palisades in accordance with 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 Palisades would be
the licensed owner for Big Rock Point
and Palisades. Holtec Palisades would
also own each site’s associated assets
and real estate, including the Palisades
decommissioning trust fund (DTF), title
to spent nuclear fuel, and rights under
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 whollyowned subsidiary of Holtec, Nuclear
Asset Management Company, LLC,
would acquire all equity interests in the
parent companies owning the Sites and
would emerge as the direct parent
company owner of Holtec Palisades.
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Holtec Palisades would enter into an
operating agreement for
decommissioning services with HDI,
which would act as its agent, and Holtec
Palisades would pay for HDI’s
decommissioning, spent fuel
management, and site restoration costs
incurred at Big Rock Point and
Palisades; HDI would be the licensed
operator for Big Rock Point and
Palisades. HDI would assume
responsibility for compliance with NRC
regulations and the current licensing
bases, 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 Big Rock Point and
Palisades, including decommissioning
activities, under 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.
On February 4, 2021, the NRC
published in the Federal Register (86
FR 8225) the notice of consideration of
approval of the license transfer
application and of conforming
amendments to the licenses to reflect
the proposed transfer. This notice
provided an opportunity to request a
hearing within 20 days and an
opportunity to comment within 30 days.
In response, separate hearing requests
were filed by: (1) The State of Michigan
(ADAMS Accession No. ML21055A888);
(2) the Environmental Law and Policy
Center (ADAMS Accession No.
ML21055A914); (3) Beyond Nuclear,
Michigan Safe Energy Future, and Don’t
Waste Michigan (ADAMS Accession No.
ML21055A953); and (4) Mark Muhich
(ADAMS Accession No. ML21083A134).
These hearing requests are pending
before the Commission. The NRC also
received public comments on the
license transfer application, the general
topics of which are provided in the NRC
staff’s safety evaluation of the
application. The NRC staff reviewed the
hearing requests and comment
submissions and considered them as
part of its evaluation of the application.
The letter from HDI, dated December
23, 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 Palisades DTF for
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spent fuel management and site
restoration activities at Palisades and to
allow disbursements from the Palisades
DTF 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. ML21286A581). 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 Palisades and
HDI if and when the proposed transfer
transaction is consummated.
In accordance with 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. In
accordance with 10 CFR 72.50, no
license or any part included in a license
for an ISFSI 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 Palisades and
HDI are qualified to be the holders of
the licenses and that the transfer of the
licenses, as described in the application,
is otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto, subject to the
conditions set forth below.
Upon review of the application, as
supplemented, for conforming
administrative amendments to the
licenses to reflect the transfer, the NRC
staff has determined the following:
(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 public health and
safety and that such activities will be
conducted in compliance with the
Commission’s regulations.
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
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(4) The issuance of the amendments
will not be inimical to the common
defense and security or to the public
health and safety.
(5) The issuance of the amendments is
in accordance with 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ of the
Commission’s regulations and all
applicable requirements have been
satisfied.
The findings set forth above are
supported by an NRC staff safety
evaluation dated December 13, 2021,
which is available at ADAMS Accession
No. ML21292A148.
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, be approved, subject
to the following conditions:
(1) At least 2 business days before the
planned closing date of the purchase
and sale transaction, HDI shall provide
the Directors of the NRC’s Office of
Nuclear Material Safety and Safeguards
(NMSS) and Office of Nuclear Reactor
Regulation (NRR) satisfactory
documentary evidence that Holtec
Palisades and HDI will enter into a
decommissioning operator services
agreement that provides for HDI to act
as the agent for Holtec Palisades and for
Holtec Palisades to pay HDI’s costs of
post-shutdown operations, including
decommissioning and spent fuel
management costs.
(2) At least 2 business days before the
planned closing date of the purchase
and sale transaction, HDI shall provide
the Directors of NMSS and NRR
satisfactory documentary evidence that
the appropriate amount of insurance
required of a licensee under 10 CFR
140.11(a)(4) and 10 CFR 50.54(w) has
been obtained.
(3) At least 2 business days before the
planned closing date of the purchase
and sale transaction, HDI shall provide
the Directors of NMSS and NRR
satisfactory documentary evidence that,
for the Big Rock Point ISFSI, a fund
satisfying the prepayment method of 10
CFR 72.30(e)(1) for decommissioning
has been established.
(4) At least 2 business days before the
planned closing date of the purchase
and sale transaction, HDI shall provide
the Directors of NMSS and NRR
satisfactory documentary evidence that,
for the Big Rock Point ISFSI, a fund
containing one year’s worth of estimated
operating costs, along with a parent
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support agreement to continually
maintain that fund with one year’s
worth of estimated operating costs, has
been established.
(5) 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 notice
of the planned closing date of the
purchase and sale 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.
The conditions of this order may be
amended upon application by the
Applicants and approval by the NRC.
This order is effective upon issuance.
For further details with respect to this
order, see the application dated
December 23, 2020, as supplemented by
information in letters from HDI dated
December 23, 2020, December 23, 2020,
and October 29, 2021, and the
associated NRC staff safety evaluation
dated December 13, 2021, 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: December 13, 2021.
For the nuclear regulatory
commission.
Shana R. Helton, Director,
Division of Fuel Management,
Office of Nuclear Material Safety and
Safeguards.
Michael F. King, Deputy Director, Office
of Nuclear Reactor Regulation.
[FR Doc. 2021–27274 Filed 12–15–21; 8:45 am]
BILLING CODE 7590–01–P
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PENSION BENEFIT GUARANTY
CORPORATION
Submission of Information Collection
for OMB Review; Comment Request;
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Submitted to PBGC
Pension Benefit Guaranty
Corporation.
ACTION: Notice of request for extension
of OMB approval of information
collection, with modifications.
AGENCY:
The Pension Benefit Guaranty
Corporation (PBGC) is requesting that
the Office of Management and Budget
extend approval (with modifications),
under the Paperwork Reduction Act of
1995, of the information collection
related to PBGC’s booklet, Qualified
Domestic Relations Orders & PBGC.
This notice informs the public of
PBGC’s request and solicits public
comment on the collection of
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SUMMARY:
Comments must be submitted by
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ADDRESSES: Written comments and
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within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
A copy of the request will be posted
on PBGC’s website at www.pbgc.gov/
prac/laws-and-regulation/
federalregister-notices-open-forcomment. It may also be obtained
without charge by writing to the
Disclosure Division of the Office of the
General Counsel of PBGC, 1200 K Street
NW, Washington, DC 20005–4026; or,
calling 202–229–4040 during normal
business hours (TTY users may call the
Federal Relay Service toll-free at 800–
877–8339 and ask to be connected to
202–229–4040). The Disclosure Division
will email, fax, or mail the information
to you, as you request.
FOR FURTHER INFORMATION CONTACT:
Karen Levin (levin.karen@pbgc.gov),
Attorney, Regulatory Affairs Division,
Office of the General Counsel, Pension
Benefit Guaranty Corporation, 1200 K
Street NW, Washington, DC 20005–
4026, 202–229–3559. (TTY users may
call the Federal Relay Service toll-free at
800–877–8339 and ask to be connected
to 202–229–3559.)
SUPPLEMENTARY INFORMATION: A defined
benefit pension plan that does not have
enough money to pay benefits may be
terminated if the employer responsible
DATES:
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]]>Agencies
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71528-71530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27274]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-155, 50-255, 72-007, and 72-043; NRC-2021-0211]
In the Matter of Entergy Nuclear Operations, Inc., Entergy
Nuclear Palisades, LLC, Holtec International and Holtec Decommissioning
International, LLC, Big Rock Point Plant and Palisades Nuclear Plant
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 Renewed Facility Operating License No.
DPR-20 for the Palisades Nuclear Plant (Palisades), the general license
for the Palisades Independent Spent Fuel Storage Installation (ISFSI),
Facility Operating License No. DPR-6 for Big Rock Point Plant (Big Rock
Point), and the general license for the Big Rock Point ISFSI (referred
to collectively as the Sites and the licenses) to a Holtec
International (Holtec) subsidiary to be known as Holtec Palisades, LLC
(Holtec Palisades). 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 draft conforming amendments to 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 Palisades, LLC to Holtec Palisades.
DATES: The order was issued on December 13, 2021, and is effective for
1 year.
ADDRESSES: Please refer to Docket ID NRC-2021-0211 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-2021-0211. Address
questions about Dockets 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.
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 draft
conforming license amendments are available in ADAMS under Package
Accession No. ML21292A155.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: December 13, 2021.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Transfer of Licenses and Draft Conforming
Administrative License Amendments
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of: Entergy Nuclear Operations, Inc., Entergy Nuclear
Palisades, LLC, Big Rock Point Plant and ISFSI, Palisades Nuclear Plant
and ISFSI EA-21-158
Docket Nos. 50-155, 50-255, 72-007, and 72-043
License Nos. DPR-6 and DPR-20
ORDER APPROVING TRANSFER OF LICENSES AND DRAFT CONFORMING
ADMINISTRATIVE LICENSE AMENDMENTS
I.
Entergy Nuclear Operations, Inc. (ENOI) and Entergy Nuclear
Palisades, LLC (ENP) are the holders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) Facility Operating License No. DPR-6
for Big Rock Point Plant (Big Rock Point), Renewed Facility Operating
License No. DPR-20 for Palisades Nuclear Plant (Palisades), and the
general licenses for the Big Rock Point and the Palisades independent
spent fuel storage installations (ISFSIs) (collectively, the Sites and
the licenses). Big Rock Point permanently ceased operations on August
29, 1997, and ENOI has certified to the NRC its decision to permanently
cease operations at Palisades no later than
[[Page 71529]]
May 31, 2022. Big Rock Point is located in Hayes, Michigan, in
Charlevoix County, on the northern shore of Michigan's Lower Peninsula.
Palisades is located in Covert, Michigan, in Van Buren County, on the
eastern shore of Lake Michigan.
II.
ENOI, on behalf of itself, ENP, Holtec International (Holtec), and
Holtec Decommissioning International, LLC (HDI) (collectively, the
Applicants), requested that the NRC consent to the transfer of control
of the licenses to a Holtec subsidiary to be known as Holtec Palisades,
LLC (Holtec Palisades). The application, dated December 23, 2020
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML20358A075), as supplemented by information in letters from HDI
dated December 23, 2020, December 23, 2020, and October 29, 2021 (ADAMS
Accession Nos. ML20358A232, ML20358A239, and ML21302A064,
respectively), made the request under Section 184, ``Inalienability of
Licenses,'' of the Atomic Energy Act of 1954, as amended (AEA), and
Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80,
``Transfer of licenses,'' and 10 CFR 72.50, ``Transfer of license.''
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 Big Rock Point and Palisades) to HDI. Finally, the
Applicants requested that the NRC approve conforming administrative
amendments to the licenses to reflect the proposed license transfer and
the planned name change from ENP to Holtec Palisades in accordance with
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 Palisades
would be the licensed owner for Big Rock Point and Palisades. Holtec
Palisades would also own each site's associated assets and real estate,
including the Palisades decommissioning trust fund (DTF), title to
spent nuclear fuel, and rights under 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 Sites and would emerge as
the direct parent company owner of Holtec Palisades.
Holtec Palisades would enter into an operating agreement for
decommissioning services with HDI, which would act as its agent, and
Holtec Palisades would pay for HDI's decommissioning, spent fuel
management, and site restoration costs incurred at Big Rock Point and
Palisades; HDI would be the licensed operator for Big Rock Point and
Palisades. HDI would assume responsibility for compliance with NRC
regulations and the current licensing bases, 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 Big Rock Point and Palisades, including
decommissioning activities, under 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.
On February 4, 2021, the NRC published in the Federal Register (86
FR 8225) the notice of consideration of approval of the license
transfer application and of conforming amendments to the licenses to
reflect the proposed transfer. This notice provided an opportunity to
request a hearing within 20 days and an opportunity to comment within
30 days.
In response, separate hearing requests were filed by: (1) The State
of Michigan (ADAMS Accession No. ML21055A888); (2) the Environmental
Law and Policy Center (ADAMS Accession No. ML21055A914); (3) Beyond
Nuclear, Michigan Safe Energy Future, and Don't Waste Michigan (ADAMS
Accession No. ML21055A953); and (4) Mark Muhich (ADAMS Accession No.
ML21083A134). These hearing requests are pending before the Commission.
The NRC also received public comments on the license transfer
application, the general topics of which are provided in the NRC
staff's safety evaluation of the application. The NRC staff reviewed
the hearing requests and comment submissions and considered them as
part of its evaluation of the application.
The letter from HDI, dated December 23, 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 Palisades DTF for spent fuel management and site restoration
activities at Palisades and to allow disbursements from the Palisades
DTF 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. ML21286A581). 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 Palisades and HDI if and when the proposed transfer
transaction is consummated.
In accordance with 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. In accordance with 10 CFR 72.50, no
license or any part included in a license for an ISFSI 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 Palisades and HDI are qualified to be
the holders of the licenses and that the transfer of the licenses, as
described in the application, is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission
pursuant thereto, subject to the conditions set forth below.
Upon review of the application, as supplemented, for conforming
administrative amendments to the licenses to reflect the transfer, the
NRC staff has determined the following:
(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 public health
and safety and that such activities will be conducted in compliance
with the Commission's regulations.
[[Page 71530]]
(4) The issuance of the amendments will not be inimical to the
common defense and security or to the public health and safety.
(5) The issuance of the amendments is in accordance with 10 CFR
part 51, ``Environmental Protection Regulations for Domestic Licensing
and Related Regulatory Functions,'' of the Commission's regulations and
all applicable requirements have been satisfied.
The findings set forth above are supported by an NRC staff safety
evaluation dated December 13, 2021, which is available at ADAMS
Accession No. ML21292A148.
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, be approved, subject to the following
conditions:
(1) At least 2 business days before the planned closing date of the
purchase and sale transaction, HDI shall provide the Directors of the
NRC's Office of Nuclear Material Safety and Safeguards (NMSS) and
Office of Nuclear Reactor Regulation (NRR) satisfactory documentary
evidence that Holtec Palisades and HDI will enter into a
decommissioning operator services agreement that provides for HDI to
act as the agent for Holtec Palisades and for Holtec Palisades to pay
HDI's costs of post-shutdown operations, including decommissioning and
spent fuel management costs.
(2) At least 2 business days before the planned closing date of the
purchase and sale transaction, HDI shall provide the Directors of NMSS
and NRR satisfactory documentary evidence that the appropriate amount
of insurance required of a licensee under 10 CFR 140.11(a)(4) and 10
CFR 50.54(w) has been obtained.
(3) At least 2 business days before the planned closing date of the
purchase and sale transaction, HDI shall provide the Directors of NMSS
and NRR satisfactory documentary evidence that, for the Big Rock Point
ISFSI, a fund satisfying the prepayment method of 10 CFR 72.30(e)(1)
for decommissioning has been established.
(4) At least 2 business days before the planned closing date of the
purchase and sale transaction, HDI shall provide the Directors of NMSS
and NRR satisfactory documentary evidence that, for the Big Rock Point
ISFSI, a fund containing one year's worth of estimated operating costs,
along with a parent support agreement to continually maintain that fund
with one year's worth of estimated operating costs, has been
established.
(5) 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 notice of the planned
closing date of the purchase and sale 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. The conditions of this order may be amended upon application by
the Applicants and approval by the NRC.
This order is effective upon issuance.
For further details with respect to this order, see the application
dated December 23, 2020, as supplemented by information in letters from
HDI dated December 23, 2020, December 23, 2020, and October 29, 2021,
and the associated NRC staff safety evaluation dated December 13, 2021,
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: December 13, 2021.
For the nuclear regulatory commission.
Shana R. Helton, Director,
Division of Fuel Management,
Office of Nuclear Material Safety and Safeguards.
Michael F. King, Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-27274 Filed 12-15-21; 8:45 am]
BILLING CODE 7590-01-P
