Susquehanna Steam Electric Station, Units 1 and 2 and Associated Independent Spent Fuel Storage Installation; Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments, 67511-67513 [2022-24368]
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Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–387, 50–388, and 72–028;
NRC–2022–0185]
Susquehanna Steam Electric Station,
Units 1 and 2 and Associated
Independent Spent Fuel Storage
Installation; Consideration of Approval
of Indirect Transfer of Licenses and
Conforming Amendments
Nuclear Regulatory
Commission.
ACTION: Application for indirect transfer
of licenses and conforming
amendments; 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 Susquehanna
Nuclear, LLC (Susquehanna Nuclear) on
September 29, 2022, as supplemented
by letter dated October 28, 2022. The
application seeks NRC approval of the
indirect transfer of Renewed Facility
Operating License Nos. NPF–14 and
NPF–22 for Susquehanna Steam Electric
Station (Susquehanna), Units 1 and 2,
respectively, and the general license for
the Susquehanna independent spent
fuel storage installation (ISFSI) as a
result of the restructuring of Talen
Energy Corporation, an indirect parent
of Susquehanna Nuclear, as a
reorganized company yet to be named
(referred to as ‘‘Reorganized Talen’’).
The NRC is also considering amending
the renewed facility operating licenses
for administrative purposes to reflect
the proposed transfer. The application
and supplement contain sensitive
unclassified non-safeguards information
(SUNSI).
DATES: Submit comments by December
8, 2022. A request for a hearing or
petitions for leave to intervene must be
filed by November 28, 2022. Any
potential 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–2022–0185. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
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SUMMARY:
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16:56 Nov 07, 2022
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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.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
Eastern Time (ET), Monday through
Friday, except Federal holidays.
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:
Audrey Klett, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–0489; email:
Audrey.Klett@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0185 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–2022–0185.
• 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 application
dated September 29, 2022, is available
in ADAMS under Accession No.
ML22272A604. The supplement dated
October 28, 2022, is available in
ADAMS under Accession No.
ML22301A205.
PO 00000
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67511
• 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.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2022–0185 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
Renewed Facility Operating License
Nos. NPF–14 and NPF–22 for
Susquehanna, Units 1 and 2,
respectively, and the general license for
the Susquehanna ISFSI as a result of the
restructuring of Talen Energy
Corporation as Reorganized Talen. The
NRC is also considering amending the
renewed facility operating licenses for
administrative purposes to reflect the
proposed transfer.
According to the application filed by
Susquehanna Nuclear, Susquehanna
Nuclear is a direct, wholly owned
subsidiary of Talen Energy Supply,
which is a direct, wholly owned
subsidiary of Talen Energy Corporation,
the stock of which is held by affiliates
of Riverstone Holdings, LLC
(Riverstone). Talen Energy Supply and
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67512
Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices
certain of its subsidiaries (collectively,
the Debtors) each filed a voluntary case
under chapter 11 of title 11 of the
United States Code in the United States
Bankruptcy Court for the Southern
District of Texas and executed a
restructuring support agreement. The
Debtors filed a joint plan of
reorganization. Under the terms of this
plan, the Debtors and Talen Energy
Corporation intend to pursue a
comprehensive restructuring. The
expectation is that, at the conclusion of
the proposed transactions, Susquehanna
Nuclear will continue to be directly
owned by Talen Energy Supply, which
will, in turn, either be, or be directly
owned by, Reorganized Talen, and no
other changes to the ownership or
control of Susquehanna Nuclear will
occur in the restructuring. NRC consent
to the indirect transfer of control of the
Susquehanna licenses will be required
prior to consummating the transactions
contemplated by the reorganization
plan.
According to the application, the
proposed transactions do not involve
any change to Susquehanna Nuclear’s
continued operation or its ownership of
Susquehanna and do not involve any
physical changes in Susquehanna or any
changes to the conduct of operations at
Susquehanna.
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 the
license of an ISFSI, which 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
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16:56 Nov 07, 2022
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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 person
(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 10 CFR 2.309. 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.
Petitions must be filed no later than
20 days from the date of publication of
this notice in accordance with the filing
instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document. 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).
A State, local governmental body,
Federally recognized Indian Tribe, or
designated agency thereof, may submit
a petition to the Commission to
participate as a party under 10 CFR
2.309(h) no later than 20 days from the
date of publication of this notice.
Alternatively, a State, local
governmental body, Federally
recognized Indian Tribe, or designated
agency thereof, may participate as a
non-party under 10 CFR 2.315(c).
For information about filing a petition
and about participation by a person not
a party under 10 CFR 2.315, see ADAMS
Accession No. ML20340A053 (https://
adamswebsearch2.nrc.gov/webSearch2/
PO 00000
Frm 00077
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main.jsp?AccessionNumber=
ML20340A053) and on the NRC’s public
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/
hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including
documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, or designated
agency thereof, that requests to
participate under 10 CFR 2.315(c), must
be filed in accordance with 10 CFR
2.302. 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, unless an
exemption permitting an alternative
filing method, as further discussed, is
granted. Detailed guidance on electronic
submissions is located in the ‘‘Guidance
for Electronic Submissions to the NRC’’
(ADAMS Accession No. ML13031A056)
and on the NRC’s public website at
https://www.nrc.gov/site-help/esubmittals.html.
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 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. After a digital ID
certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
Document Format. Guidance on
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
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Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices
the E-Filing system no later than 11:59
p.m. ET on the due date. Upon receipt
of a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email confirming
receipt of the document. The E-Filing
system also distributes an email 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 to 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 9:00 a.m. and 6:00 p.m., ET,
Monday through Friday, except Federal
holidays.
Participants who believe that they
have 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 in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available 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 previously described, 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
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16:56 Nov 07, 2022
Jkt 259001
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. 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 should not 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
September 29, 2022, and its supplement
dated October 28, 2022.
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 Ms. Melisa
Krick, Manager—Nuclear Regulatory
Affairs, at (570) 542–1818 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: November 3, 2022.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing
Branch 1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2022–24368 Filed 11–7–22; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
67513
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96213; File No. SR–
NYSEARCA–2022–61]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Designation of a
Longer Period for Commission Action
on a Proposed Rule Change To List
and Trade the Shares of the Breakwave
Tanker Shipping ETF
November 2, 2022.
On September 13, 2022, NYSE Arca,
Inc. (‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
list and trade the shares of the
Breakwave Tanker Shipping ETF. The
proposed rule change was published for
comment in the Federal Register on
September 27, 2022.3
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission shall either
approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether the proposed rule change
should be disapproved. The 45th day
after publication of the notice for this
proposed rule change is November 11,
2022. The Commission is extending this
45-day time period.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider the proposed
rule change and the comments received.
Accordingly, pursuant to Section
19(b)(2) of the Act,5 the Commission
designates December 26, 2022, as the
date by which the Commission shall
either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–NYSEARCA–
2022–61).
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 95853
(Sept. 21, 2022), 87 FR 58552.
4 15 U.S.C. 78s(b)(2).
5 Id.
2 17
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Agencies
[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67511-67513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24368]
[[Page 67511]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387, 50-388, and 72-028; NRC-2022-0185]
Susquehanna Steam Electric Station, Units 1 and 2 and Associated
Independent Spent Fuel Storage Installation; Consideration of Approval
of Indirect Transfer of Licenses and Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of licenses and conforming
amendments; 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
Susquehanna Nuclear, LLC (Susquehanna Nuclear) on September 29, 2022,
as supplemented by letter dated October 28, 2022. The application seeks
NRC approval of the indirect transfer of Renewed Facility Operating
License Nos. NPF-14 and NPF-22 for Susquehanna Steam Electric Station
(Susquehanna), Units 1 and 2, respectively, and the general license for
the Susquehanna independent spent fuel storage installation (ISFSI) as
a result of the restructuring of Talen Energy Corporation, an indirect
parent of Susquehanna Nuclear, as a reorganized company yet to be named
(referred to as ``Reorganized Talen''). The NRC is also considering
amending the renewed facility operating licenses for administrative
purposes to reflect the proposed transfer. The application and
supplement contain sensitive unclassified non-safeguards information
(SUNSI).
DATES: Submit comments by December 8, 2022. A request for a hearing or
petitions for leave to intervene must be filed by November 28, 2022.
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-2022-0185. 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.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. Eastern Time (ET),
Monday through Friday, except Federal holidays.
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: Audrey Klett, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0489; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0185 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-2022-0185.
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 application dated September 29,
2022, is available in ADAMS under Accession No. ML22272A604. The
supplement dated October 28, 2022, is available in ADAMS under
Accession No. ML22301A205.
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.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2022-0185 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 Renewed Facility Operating
License Nos. NPF-14 and NPF-22 for Susquehanna, Units 1 and 2,
respectively, and the general license for the Susquehanna ISFSI as a
result of the restructuring of Talen Energy Corporation as Reorganized
Talen. The NRC is also considering amending the renewed facility
operating licenses for administrative purposes to reflect the proposed
transfer.
According to the application filed by Susquehanna Nuclear,
Susquehanna Nuclear is a direct, wholly owned subsidiary of Talen
Energy Supply, which is a direct, wholly owned subsidiary of Talen
Energy Corporation, the stock of which is held by affiliates of
Riverstone Holdings, LLC (Riverstone). Talen Energy Supply and
[[Page 67512]]
certain of its subsidiaries (collectively, the Debtors) each filed a
voluntary case under chapter 11 of title 11 of the United States Code
in the United States Bankruptcy Court for the Southern District of
Texas and executed a restructuring support agreement. The Debtors filed
a joint plan of reorganization. Under the terms of this plan, the
Debtors and Talen Energy Corporation intend to pursue a comprehensive
restructuring. The expectation is that, at the conclusion of the
proposed transactions, Susquehanna Nuclear will continue to be directly
owned by Talen Energy Supply, which will, in turn, either be, or be
directly owned by, Reorganized Talen, and no other changes to the
ownership or control of Susquehanna Nuclear will occur in the
restructuring. NRC consent to the indirect transfer of control of the
Susquehanna licenses will be required prior to consummating the
transactions contemplated by the reorganization plan.
According to the application, the proposed transactions do not
involve any change to Susquehanna Nuclear's continued operation or its
ownership of Susquehanna and do not involve any physical changes in
Susquehanna or any changes to the conduct of operations at Susquehanna.
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 the license of an ISFSI, which 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
person (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 10 CFR
2.309. 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.
Petitions must be filed no later than 20 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 20 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or designated agency thereof, may participate as a non-
party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof, that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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 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. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on 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
[[Page 67513]]
the E-Filing system no later than 11:59 p.m. ET on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email confirming receipt of the document.
The E-Filing system also distributes an email 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 to 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 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available 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 previously described, 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. 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
should not 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 September 29, 2022, and its supplement dated October
28, 2022.
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 Ms. Melisa Krick, Manager--
Nuclear Regulatory Affairs, at (570) 542-1818 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: November 3, 2022.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing Branch 1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2022-24368 Filed 11-7-22; 8:45 am]
BILLING CODE 7590-01-P