Vistra Operations Company LLC and Energy Harbor Nuclear Corp.; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; Perry Nuclear Power Plant, Unit No. 1; and the Associated Independent Spent Fuel Storage Installations; Consideration of Approval of Transfer of Licenses and Conforming Amendments, 32807-32809 [2023-10875]

Download as PDF Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–445, 50–446, 72–74, 50– 334, 50–412, 72–1043, 50–346, 72–14, 50– 440, and 72–69; NRC–2023–0100] Vistra Operations Company LLC and Energy Harbor Nuclear Corp.; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; Perry Nuclear Power Plant, Unit No. 1; and the Associated Independent Spent Fuel Storage Installations; Consideration of Approval of Transfer of Licenses and Conforming Amendments Nuclear Regulatory Commission. ACTION: Application for direct and 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 Vistra Operations Company LLC (VistraOps) and Energy Harbor Nuclear Corp. (collectively, the applicants) on April 14, 2023, as supplemented by letter dated April 20, 2023. The application seeks NRC approval of the indirect transfer of control of Facility Operating License Nos. NFP–87 and NFP–89 for Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 (Comanche Peak), respectively, and its generally licensed independent spent fuel storage installation (ISFSI); the indirect transfer of control of Renewed Facility Operating License Nos. DPR–66, NPF– 73, and NPF–3 for Beaver Valley Power Station, Unit Nos. 1 and 2 (Beaver Valley), and Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-Besse), respectively, and Facility Operating License No. NPF–58 for the Perry Nuclear Power Plant, Unit No. 1 (Perry), and their associated generally licensed ISFSIs (collectively, the EH Facilities); and the direct transfer of the operating authority for the EH Facilities to VistraOps. The NRC is also considering amending the licenses for administrative purposes to reflect the proposed transfer. The application contains sensitive unclassified nonsafeguards information (SUNSI). DATES: Submit comments by June 21, 2023. A request for a hearing must be filed by June 12, 2023. 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 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–2023–0100. 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. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing 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: Robert Kuntz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–3733; email: Robert.Kuntz@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2023– 0100 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–2023–0100. • 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 application dated April 14, 2023, and supplemental letter dated April 20, 2023, are available in ADAMS under Accession Nos. ML23104A423 and ML23110A788, respectively. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 32807 • 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 a.m. and 4 p.m. eastern time (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–2023–0100 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 approving the transfer of control of the NRC licenses for Comanche Peak, Beaver Valley, Davis-Besse, and Perry and their associated general ISFSI licenses. Specifically, according to the application, under the proposed transaction, VistraOps would become an indirect owner and the licensed operator of Beaver Valley, Davis-Besse, and Perry. Comanche Peak Power Company LLC would remain the licensed owner of Comanche Peak and VistraOps would remain the licensed operator of Comanche Peak; however, for business and tax purposes, the transaction would also create new indirect subsidiaries of VistraOps, resulting in an indirect transfer of control of the Comanche Peak licenses. The NRC is also considering amending E:\FR\FM\22MYN1.SGM 22MYN1 32808 Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices the licenses for administrative purposes to reflect the proposed transfer. No physical changes to the facilities or operational changes are being proposed in the application. The NRC’s regulations at 10 CFR 50.80 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 direct transfer of a license if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. 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 that does no more than conform the license to reflect the transfer action involves no significant hazards consideration. 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. ddrumheller on DSK120RN23PROD with NOTICES1 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. VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 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 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 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/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 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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 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. E:\FR\FM\22MYN1.SGM 22MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices 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., 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 presiding officer. If you do not have an NRCissued 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 VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 Register and served on the parties to the hearing. For further details with respect to this application, see the application dated April 14, 2023 (ADAMS Accession No. ML23104A423), as supplemented by letter dated April 20, 2023 (ADAMS Accession No. ML23110A788). 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 applicants by telephoning Jack Hicks, (254) 897–6725, and Phil Lashley, (330) 696–7208, 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: May 17, 2023. For the Nuclear Regulatory Commission. Robert F. Kuntz, Senior Project Manager, Plant Licensing Branch III, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2023–10875 Filed 5–19–23; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–97513; File No. SR– CboeBZX–2023–033] Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule May 16, 2023. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 1, 2023, Cboe BZX Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 2 17 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00089 Fmt 4703 Sfmt 4703 32809 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change Cboe BZX Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BZX’’) proposes to amend its Fee Schedule. The text of the proposed rule change is provided in Exhibit 5. The text of the proposed rule change is also available on the Exchange’s website (https://markets.cboe.com/us/ equities/regulation/rule_filings/bzx/), at the Exchange’s Office of the Secretary, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend its Fee Schedule applicable to its equities trading platform (‘‘BZX Equities’’) by: (1) introducing a new Add Volume Tier; (2) introducing a new Non-Displayed Add Volume Tier; (3) eliminating StepUp Tiers 1 and 4 and the Non-Displayed Step Up Tier; and (4) reducing the enhanced rebates associated with certain fee codes. The Exchange proposes to implement these changes effective May 1, 2023.3 The Exchange first notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. More specifically, the Exchange is only one of 16 registered equities exchanges, as well as a number of alternative trading systems and other off-exchange venues that do not have similar self-regulatory responsibilities under the Securities Exchange Act of 1934 (the ‘‘Act’’), to 3 The Exchange initially filed the proposed fee changes on May 1, 2023 (SR–CboeBZX–2023–032). On May 1, 2023, the Exchange withdrew that filing and submitted this proposal. E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32807-32809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10875]



[[Page 32807]]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-445, 50-446, 72-74, 50-334, 50-412, 72-1043, 50-346, 
72-14, 50-440, and 72-69; NRC-2023-0100]


Vistra Operations Company LLC and Energy Harbor Nuclear Corp.; 
Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Beaver Valley 
Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, 
Unit No. 1; Perry Nuclear Power Plant, Unit No. 1; 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 direct and 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 Vistra 
Operations Company LLC (VistraOps) and Energy Harbor Nuclear Corp. 
(collectively, the applicants) on April 14, 2023, as supplemented by 
letter dated April 20, 2023. The application seeks NRC approval of the 
indirect transfer of control of Facility Operating License Nos. NFP-87 
and NFP-89 for Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 
(Comanche Peak), respectively, and its generally licensed independent 
spent fuel storage installation (ISFSI); the indirect transfer of 
control of Renewed Facility Operating License Nos. DPR-66, NPF-73, and 
NPF-3 for Beaver Valley Power Station, Unit Nos. 1 and 2 (Beaver 
Valley), and Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-
Besse), respectively, and Facility Operating License No. NPF-58 for the 
Perry Nuclear Power Plant, Unit No. 1 (Perry), and their associated 
generally licensed ISFSIs (collectively, the EH Facilities); and the 
direct transfer of the operating authority for the EH Facilities to 
VistraOps. 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: Submit comments by June 21, 2023. A request for a hearing must 
be filed by June 12, 2023. 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-2023-0100. 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.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing 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: Robert Kuntz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3733; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0100 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-2023-0100.
     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 application 
dated April 14, 2023, and supplemental letter dated April 20, 2023, are 
available in ADAMS under Accession Nos. ML23104A423 and ML23110A788, 
respectively.
     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 
a.m. and 4 p.m. eastern time (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-2023-0100 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 
approving the transfer of control of the NRC licenses for Comanche 
Peak, Beaver Valley, Davis-Besse, and Perry and their associated 
general ISFSI licenses. Specifically, according to the application, 
under the proposed transaction, VistraOps would become an indirect 
owner and the licensed operator of Beaver Valley, Davis-Besse, and 
Perry. Comanche Peak Power Company LLC would remain the licensed owner 
of Comanche Peak and VistraOps would remain the licensed operator of 
Comanche Peak; however, for business and tax purposes, the transaction 
would also create new indirect subsidiaries of VistraOps, resulting in 
an indirect transfer of control of the Comanche Peak licenses. The NRC 
is also considering amending

[[Page 32808]]

the licenses for administrative purposes to reflect the proposed 
transfer.
    No physical changes to the facilities or operational changes are 
being proposed in the application.
    The NRC's regulations at 10 CFR 50.80 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 
direct transfer of a license if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission. 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 
that does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. 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 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 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 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.

[[Page 32809]]

    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., 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 
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 April 14, 2023 (ADAMS Accession No. ML23104A423), as 
supplemented by letter dated April 20, 2023 (ADAMS Accession No. 
ML23110A788).

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 applicants by telephoning Jack Hicks, (254) 897-
6725, and Phil Lashley, (330) 696-7208, 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: May 17, 2023.

    For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Senior Project Manager, Plant Licensing Branch III, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-10875 Filed 5-19-23; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.