General Electric Company, GE-Hitachi Nuclear Energy Americas, LLC, and Global Nuclear Fuel-Americas, LLC; Consideration of Approval of Indirect Transfer of Licenses, 46197-46200 [2023-15210]

Download as PDF Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices diverted without the knowledge of the carrier or Kewaunee Solutions and that, therefore, there is no potential health or safety concern presented by the requested exemption. Furthermore, by extending the time for receipt acknowledgment to 45 days before requiring investigations, tracing, and reporting, a reasonable upper limit on shipment duration is maintained in the event that a breakdown of normal tracking systems was to occur. Based on the above, the NRC staff finds that the requested exemption would not result in undue hazard to life or property. ddrumheller on DSK120RN23PROD with NOTICES1 C. Environmental Considerations With respect to compliance with section 102(2) of the National Environmental Policy Act, as amended, 42 U.S.C. 4332(2) (NEPA), the NRC staff has determined that the proposed action, the approval of the Kewaunee Solutions exemption request, is within the scope of the categorical exclusion listed at 10 CFR 51.22(c)(25). The proposed granting of the exemption from certain requirements of the NRC’s regulations at 10 CFR part 20, appendix G, section III.E would: (i) present no significant hazards considerations; (ii) would not result in a significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) not result in a significant increase in individual or cumulative public or occupational radiation exposure; (iv) have no significant construction impact; (v) does not present a significant increase in the potential for or consequences from radiological accidents. Additionally, the requirements from which an exemption is sought involves reporting requirements under 10 CFR 51.22(c)(25)(vi)(B) as well as inspection or surveillance requirements under 10 CFR 51.22(c)(25)(vi)(C). Given the applicability of relevant categorical exclusions, no further analysis is required under NEPA. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption is authorized by law and will not result in undue hazard to life or property. Therefore, effective immediately, the Commission hereby grants Kewaunee Solutions an exemption from 10 CFR part 20, appendix G, section III.E to extend the receipt of notification period from 20 days to 45 days after transfer for rail or mixed-mode shipments of low-level radioactive waste from KPS to a licensed land disposal or processing facility. VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 Dated: July 5, 2023. For the Nuclear Regulatory Commission. /RA/ Jane E. Marshall, Director, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2023–15328 Filed 7–18–23; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–18, 50–70, 50–73, 50–183, 70–754, 70–1113, 70–1220, 72–1, 11001075, 11001076, 11005081, 11005086,11005186, 11005555, and 11006278; NRC–2023–0119] General Electric Company, GE-Hitachi Nuclear Energy Americas, LLC, and Global Nuclear Fuel-Americas, LLC; Consideration of Approval of Indirect Transfer of Licenses Nuclear Regulatory Commission. ACTION: Application for indirect transfer of licenses; opportunity to comment, request a hearing, and petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering approval of an application filed by General Electric Company (GE), GE-Hitachi Nuclear Energy Americas, LLC (GEHA), and Global Nuclear Fuel-Americas, LLC (GNF–A) (together, the Applicants) on May 30, 2023, as supplemented by letters dated June 20 and June 26, 2023. The application seeks NRC approval of the indirect transfer of Facility Operating License No. R–33 for the Nuclear Test Reactor at the Vallecitos Nuclear Center (VNC) in Sunol, California; Possession Only License No. DPR–1 for the Vallecitos Boiling Water Reactor at the VNC; Possession Only License No. DR–10 for the Empire State Atomic Development Associates Vallecitos Experimental Superheat Reactor at the VNC; Possession Only License No. TR–1 for the GE Test Reactor at the VNC; Special Nuclear Material License Nos. SNM–960 and SNM–1270 for the VNC; Special Nuclear Material License No. SNM–1097 for the Wilmington Fuel Manufacturing Facility in Wilmington, North Carolina; Special Nuclear Material License No. SNM– 2500 for the Morris Operation Independent Spent Fuel Storage Facility in Grundy County, Illinois, near Morris, Illinois; and Export License Nos. XR135, XSNM1662, XSNM03135, XSNM3398, XCOM1124, XSNM3785, and XSNM3066 from GE, the parent SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 46197 company of the license holders, GEHA and GNF–A, to a recently created wholly-owned subsidiary of GE named GE Vernova, LLC that will then be spunoff and will no longer be part of GE. The application contains sensitive unclassified non-safeguards information (SUNSI). Submit comments by August 18, 2023. A request for a hearing or petition for leave to intervene must be filed by August 8, 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 follow the instructions in Section VI of the SUPPLEMENTARY INFORMATION section of this notice. DATES: 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–2023–0119. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Hearing.Docket@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time (ET) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Osiris Siurano-Pe´rez, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–7827; email: Osiris.SiuranoPerez@nrc.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\19JYN1.SGM 19JYN1 46198 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices I. Obtaining Information and Submitting Comments ddrumheller on DSK120RN23PROD with NOTICES1 A. Obtaining Information Please refer to Docket ID NRC–2023– 0119 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–2023–0119. • 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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. 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. 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–2023–0119 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 VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 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, ‘‘Transfer of licenses,’’ 10 CFR 70.36, ‘‘Inalienability of licenses,’’ 10 CFR 72.50, ‘‘Transfer of license,’’ and 10 CFR 110.50, ‘‘Terms,’’ approving the indirect transfer of control of the NRC licenses held by GEHA and GNF–A. According to the application dated May 30, 2023, as supplemented by letters dated June 20 and June 26, 2023, the application and request for NRC approval are necessitated by a proposed transaction implementing the publicly announced separation of GE into three separate companies. The application involves the second phase of this transaction in which GE will transfer its various energy-related businesses, including its ownership interests in GEHA and GNF–A, into a recently created wholly-owned subsidiary named GE Vernova, LLC. GE Vernova, LLC will later convert to a corporation (GE Vernova Corp.), will then be spunoff to GE shareholders as a publicly traded corporation, and will no longer be part of GE. With respect to the licenses held by GEHA and GNF–A, the proposed transaction will occur in two steps. First, GE Vernova, LLC will become an intermediate holding company and an indirect corporate parent of both GEHA and GNF–A. Second, after GE Vernova, LLC has been converted to a corporation, GE will distribute the shares of GE Vernova Corp. to its shareholders, as a result of which GE Vernova Corp. will become the new ultimate parent company for both GEHA and GNF–A, which, in turn, will continue to operate the facilities and hold the NRC licenses. No physical changes or operational changes associated with the licensed activities are being proposed in the application. Section 184, ‘‘Inalienability of Licenses,’’ of the Atomic Energy Act of 1954, as amended, states that ‘‘[n]o license granted hereunder and no right to utilize or produce special nuclear material granted hereby shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the provisions of this Act, and shall give its consent in writing.’’ The NRC’s regulations at 10 CFR 50.80, 70.36, and 72.50 provide PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 that no license, or any right thereunder, shall be transferred, assigned, or in any manner disposed of, 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. The NRC’s regulation at 10 CFR 110.50(d) states that a specific export license may be transferred only with the approval of the Commission by license amendment. The Commission will approve an application for the indirect transfer of a license if the Commission determines that the proposed transfer of control 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. 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 and 10 CFR 110.81. 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 E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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?Accession Number=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 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 VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 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 timestamps 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 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) through (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). PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 46199 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 Register and served on the parties to the hearing. For further details with respect to this application, see the application dated May 30, 2023, as supplement by letters dated June 20 and June 26, 2023 (ML23152A116, ML23171A976, and ML23177A089, respectively). 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 emailing Michelle P. Catts, Senior Vice President of Regulatory Affairs, GE, at Michelle.Catts@GE.com for the purpose of negotiating a confidentiality agreement or a proposed protective order with the Applicants. 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: July 13, 2023. E:\FR\FM\19JYN1.SGM 19JYN1 46200 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices For the Nuclear Regulatory Commission. Shana R. Helton, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2023–15210 Filed 7–18–23; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–320; NRC–2023–0117] TMI–2 Solutions, LLC; Three Mile Island Nuclear Station, Unit 2 Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated May 17, 2023, from TMI–2 Solutions, LLC (TMI–2S), for the Three Mile Island Nuclear Station, Unit 2 (TMI–2), that permits TMI–2S to investigate, trace, and report to the NRC any low-level radioactive waste shipment or part of a shipment for which acknowledgement of receipt is not received by TMI–2S within 45 days after transfer, rather than the 20 day requirement that is currently delineated in the NRC’s regulations. DATES: The exemption was issued on July 5, 2023. ADDRESSES: Please refer to Docket ID NRC–2023–0117 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0117. 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. • 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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 is provided the first time that it is mentioned in this document. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. 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. FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–6822, email: Amy.Snyder@ nrc.gov. SUPPLEMENTARY INFORMATION: The text of the exemption is attached. Dated: July 14, 2023. For the Nuclear Regulatory Commission. Shaun M. Anderson, Chief, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. Attachment—Exemption. NUCLEAR REGULATORY COMMISSION Docket No. 50–320 TMI–2Solutions, LLC Three Mile Island Station, Unit 2 Exemption From Certain Low-Level Waste Shipment Tracking Requirements I. Background The U.S. Nuclear Regulatory Commission (NRC, the Commission) license for Three Mile Island Station, Unit 2 (TMI–2) is Possession Only License No. DPR–73. TMl– 2Solutions, LLC (TMI–2S) is the holder of Possession Only License (POL) No. DPR–73 for Three Mile Island Nuclear Station, Unit No. 2 (TMI–2). The POL provides, among other things, that the facility is subject to all rules, regulations, and orders of the NRC now or hereafter in effect. TMI–2 is located in Dauphin County, Pennsylvania. TMI–2S is currently decommissioning the TMI–2 facility. Inherent to the decommissioning process, large volumes of low-level radioactive waste are generated. This low-level radioactive waste requires processing and disposal or disposal without processing, as appropriate. To this end, TMI– 2S will transport, by truck or by mixed mode shipments like a combination of truck and rail, low-level radioactive waste from TMI–2 to locations such as waste disposal facilities owned by EnergySolutions in Clive, Utah, and Waste Control Specialists in Andrews, TX. II. Request/Action By letter dated May 17, 2023, TMI–2 Solutions, LLC (TMI–2S) submitted an exemption request (Agencywide Document Access and Management System (ADAMS) PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Accession No. ML23137A282). TMI–2S requests an exemption from certain requirements of 10 CFR 20, appendix G, section III.E, ‘‘Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests.’’ Specifically, TMI–2S requests an exemption from the requirement to investigate and report to the Nuclear Regulatory Commission (NRC) when notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste is not received within 20 days after transfer. TMI–2S is requesting that the time to receive acknowledgement that a shipment has been received by the intended recipient be extended from 20 days to 45 days for lowlevel radioactive waste shipments from the TMI–2 facility. Further, TMI–2S states that the requested exemption would be applicable to shipments from TMI–2 by rail or by mixed transportation modes, such as a combination of truck/rail shipments. III. Discussion The NRC’s regulations at 10 CFR 20.2301, ‘‘Applications for exemptions,’’ allow the Commission to grant exemptions from the requirements of the regulations in 10 CFR part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. A. The Exemption is Authorized by Law The requested exemption from 10 CFR part 20, appendix G, section III.E would extend the receipt acknowledgment period from 20 days to 45 days before TMI–2S would have to investigate, trace, and report on the status of a low-level radioactive waste shipment being transported from TMI–2 to a licensed low-level radioactive waste processing or land disposal facility. As stated above, 10 CFR 20.2301 allows the NRC to grant exemptions from the requirements of 10 CFR part 20 when, in part, the exemptions are authorized by law. The NRC determined that the requested exemption is permissible under the Atomic Energy Act of 1954, as amended, and other regulatory requirements. Therefore, the NRC finds that the requested exemption is authorized by law. B. The Exemption Would Not Result in Undue Hazard to Life or Property As stated in Enclosure 1 to SECY–18–0055, ‘‘Proposed Rule: Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning’’ (ADAMS Package Accession No. ML18012A019), the underlying purpose of 10 CFR part 20, appendix G, section III.E is to require licensees to investigate, trace, and report on low-level radioactive waste shipments that have not reached their destination, as scheduled, for unknown reasons. In its exemption request, TMI–2S stated that for rail shipments from TMI–2, a tracking system will be utilized that allows daily monitoring of a shipment’s progress to its destination. Shipping procedures prescribe the expectations for tracking and communications during transit. As a result of these controls that will remain in place during the extended time, granting an exemption to TMI–2S for shipments of lowlevel radioactive waste to disposal facilities E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46197-46200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15210]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-18, 50-70, 50-73, 50-183, 70-754, 70-1113, 70-1220, 72-
1, 11001075, 11001076, 11005081, 11005086,11005186, 11005555, and 
11006278; NRC-2023-0119]


General Electric Company, GE-Hitachi Nuclear Energy Americas, 
LLC, and Global Nuclear Fuel-Americas, LLC; Consideration of Approval 
of Indirect Transfer of Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for indirect transfer of licenses; opportunity to 
comment, request a hearing, and petition for leave to intervene.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
received and is considering approval of an application filed by General 
Electric Company (GE), GE-Hitachi Nuclear Energy Americas, LLC (GEHA), 
and Global Nuclear Fuel-Americas, LLC (GNF-A) (together, the 
Applicants) on May 30, 2023, as supplemented by letters dated June 20 
and June 26, 2023. The application seeks NRC approval of the indirect 
transfer of Facility Operating License No. R-33 for the Nuclear Test 
Reactor at the Vallecitos Nuclear Center (VNC) in Sunol, California; 
Possession Only License No. DPR-1 for the Vallecitos Boiling Water 
Reactor at the VNC; Possession Only License No. DR-10 for the Empire 
State Atomic Development Associates Vallecitos Experimental Superheat 
Reactor at the VNC; Possession Only License No. TR-1 for the GE Test 
Reactor at the VNC; Special Nuclear Material License Nos. SNM-960 and 
SNM-1270 for the VNC; Special Nuclear Material License No. SNM-1097 for 
the Wilmington Fuel Manufacturing Facility in Wilmington, North 
Carolina; Special Nuclear Material License No. SNM-2500 for the Morris 
Operation Independent Spent Fuel Storage Facility in Grundy County, 
Illinois, near Morris, Illinois; and Export License Nos. XR135, 
XSNM1662, XSNM03135, XSNM3398, XCOM1124, XSNM3785, and XSNM3066 from 
GE, the parent company of the license holders, GEHA and GNF-A, to a 
recently created wholly-owned subsidiary of GE named GE Vernova, LLC 
that will then be spun-off and will no longer be part of GE. The 
application contains sensitive unclassified non-safeguards information 
(SUNSI).

DATES: Submit comments by August 18, 2023. A request for a hearing or 
petition for leave to intervene must be filed by August 8, 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-2023-0119. 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) 
Federal workdays; telephone: 301-415-1677.
    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: Osiris Siurano-P[eacute]rez, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-7827; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 46198]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0119 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-2023-0119.
     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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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. 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-2023-0119 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, 
``Transfer of licenses,'' 10 CFR 70.36, ``Inalienability of licenses,'' 
10 CFR 72.50, ``Transfer of license,'' and 10 CFR 110.50, ``Terms,'' 
approving the indirect transfer of control of the NRC licenses held by 
GEHA and GNF-A.
    According to the application dated May 30, 2023, as supplemented by 
letters dated June 20 and June 26, 2023, the application and request 
for NRC approval are necessitated by a proposed transaction 
implementing the publicly announced separation of GE into three 
separate companies. The application involves the second phase of this 
transaction in which GE will transfer its various energy-related 
businesses, including its ownership interests in GEHA and GNF-A, into a 
recently created wholly-owned subsidiary named GE Vernova, LLC. GE 
Vernova, LLC will later convert to a corporation (GE Vernova Corp.), 
will then be spun-off to GE shareholders as a publicly traded 
corporation, and will no longer be part of GE. With respect to the 
licenses held by GEHA and GNF-A, the proposed transaction will occur in 
two steps. First, GE Vernova, LLC will become an intermediate holding 
company and an indirect corporate parent of both GEHA and GNF-A. 
Second, after GE Vernova, LLC has been converted to a corporation, GE 
will distribute the shares of GE Vernova Corp. to its shareholders, as 
a result of which GE Vernova Corp. will become the new ultimate parent 
company for both GEHA and GNF-A, which, in turn, will continue to 
operate the facilities and hold the NRC licenses.
    No physical changes or operational changes associated with the 
licensed activities are being proposed in the application.
    Section 184, ``Inalienability of Licenses,'' of the Atomic Energy 
Act of 1954, as amended, states that ``[n]o license granted hereunder 
and no right to utilize or produce special nuclear material granted 
hereby shall be transferred, assigned or in any manner disposed of, 
either voluntarily or involuntarily, directly or indirectly, through 
transfer of control of any license to any person, unless the Commission 
shall, after securing full information, find that the transfer is in 
accordance with the provisions of this Act, and shall give its consent 
in writing.'' The NRC's regulations at 10 CFR 50.80, 70.36, and 72.50 
provide that no license, or any right thereunder, shall be transferred, 
assigned, or in any manner disposed of, 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. The NRC's regulation at 10 CFR 110.50(d) states that a 
specific export license may be transferred only with the approval of 
the Commission by license amendment. The Commission will approve an 
application for the indirect transfer of a license if the Commission 
determines that the proposed transfer of control 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.

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 and 10 CFR 110.81. 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

[[Page 46199]]

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 
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 timestamps 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 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) through (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 May 30, 2023, as supplement by letters dated June 20 
and June 26, 2023 (ML23152A116, ML23171A976, and ML23177A089, 
respectively).

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 emailing Michelle P. Catts, Senior 
Vice President of Regulatory Affairs, GE, at [email protected] for 
the purpose of negotiating a confidentiality agreement or a proposed 
protective order with the Applicants. 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: July 13, 2023.


[[Page 46200]]


    For the Nuclear Regulatory Commission.
Shana R. Helton,
Director, Division of Fuel Management, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 2023-15210 Filed 7-18-23; 8:45 am]
BILLING CODE 7590-01-P
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