STP Nuclear Operating Company; South Texas Project, Units 1 and 2, and the Associated Independent Spent Fuel Storage Installation; Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments, 46192-46195 [2023-15327]

Download as PDF 46192 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices 4. Report on the Fiscal Year 2024 Appropriations Process and Supplemental Appropriations 5. Consider and Act on Resolution #2023–XXX: Fiscal Year 2024 Temporary Operating Authority 6. Public Comment 7. Consider and Act on Other Business 8. Consider and Act on Motion to Adjourn the Open Session Meeting and Proceed to a Closed Session Closed Session 8. Briefing on Insurance 9. Consider and Act on Motion to Adjourn the Meeting Audit Committee Open Session 1. Approval of Agenda 2. Approval of Minutes of Audit Committee’s Open Session Meeting on March 26, 2023 3. Approval of the Minutes of Combined Audit and Finance Committee’s Open Session Meeting on March 27, 2023 4. Briefing by the Office of Inspector General 5. Management Update Regarding Risk Management 6. Briefing on Management/Office of Inspector General Relations 7. Briefing About Follow-Up by the Office of Compliance and Enforcement on Referrals by the Office of Inspector General Regarding Audit Reports and Annual Financial Statement Audits of Grantees 8. Public Comment 9. Consider and Act on Other Business 10. Consider and Act on Motion to Adjourn the Open Session Meeting and Proceed to a Closed Session ddrumheller on DSK120RN23PROD with NOTICES1 Closed Session 11. Approval of Minutes of Audit Committee’s Closed Session Meeting on March 26, 2023 12. Approval of the Minutes of Combined Audit and Finance Committee’s Closed Session Meeting on March 27, 2023 13. Briefing by Office Compliance and Enforcement on Active Enforcement Matter(s) and Follow-Up on Open Investigation Referrals from the Office of Inspector General 14. Briefing Pursuant to Section VIII(C)(1) of the Committee Charter, Regarding LSC’s Systems of Internal Controls that Are Designed to Minimize the Risk of Fraud, Theft, Corruption, or Misuse of Funds 15. Consider and Act on Motion to Adjourn the Meeting VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 Thursday, July 27, 2023 Start Time: 8:45 a.m. EDT Board of Directors Open Session 1. Pledge of Allegiance 2. Approval of Agenda 3. Approval of Minutes of the Board’s Open Session Meeting on May 19, 2023 4. Consider and Act on Resolution #2023–XXX: Approving the Minnesota Charitable Organization Annual Report Form 5. Consider and Act on Resolution #2023–XXX: In Recognition and Appreciation of Distinguished Service by Members of the LSC Housing Task Force 6. Chairman’s Report 7. Members’ Reports 8. President’s Report 9. Presentation on 50th Anniversary Communications and Messaging 10. Inspector General’s Report 11. Consider and Act on the Report of the Governance and Performance Review Committee 12. Consider and Act on the Report of the Operations and Regulations Committee 13. Consider and Act on the Report of the Institutional Advancement Committee 14. Consider and Act on the Report of the Delivery of Legal Services Committee 15. Consider and Act on the Report of the Finance Committee 16. Consider and Act on the Report of the Audit Committee 17. Public Comment 18. Consider and Act on Other Business 19. Consider and Act on Whether to Authorize a Closed Session of the Board to Address Items Listed Below Closed Session 20. Approval of Minutes of the Board’s Closed Session Meeting on March 28, 2023 21. Management’s Briefing 22. Update on 50th Anniversary Planning 23. Inspector General’s Briefing 24. General Counsel’s Report on Outside Counsel Expenditures 25. Consider and Act on Potential and Pending Litigation Involving Legal Services Corporation 26. Consider and Act on List of Prospective Leaders Council and Emerging Council Invitees 27. Consider and Act on Motion to Adjourn the Meeting CONTACT PERSON FOR MORE INFORMATION: Jessica Wechter, Special Assistant to the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 President, (202) 295–1626. Questions may also be sent by email to wechterj@ lsc.gov. Non-Confidential Meeting Materials: Please refer to the LSC website (https:// www.lsc.gov/events/board-directorsquarterly-meeting-july-25-27-2023-newyork-ny) for the final meeting agendas and materials in electronic format. Nonconfidential meeting materials will be made available in electronic format at least 24 hours in advance of the meeting on the LSC website. (Authority: 5 U.S.C. 552b.) Dated: July 15, 2023. Mark Freedman, Senior Associate General Counsel, Legal Services Corporation. [FR Doc. 2023–15370 Filed 7–17–23; 11:15 am] BILLING CODE 7050–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–498, 50–499, and 72–1041; NRC–2023–0128] STP Nuclear Operating Company; South Texas Project, Units 1 and 2, and the 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; 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 STP Nuclear Operating Company (STPNOC, the current licensee), acting on behalf of Constellation Energy Generation, LLC (CEG) and NRG South Texas LP (NRG South Texas) and its parent companies, on June 12, 2023. The application seeks NRC approval of the indirect transfer of possession-only non-operating interests in Renewed Facility Operating License Nos. NPF–76 and NPF–80 for South Texas Project (STP), Units 1 and 2, respectively, and its generally licensed independent spent fuel storage installation (ISFSI) from NRG South Texas to CEG and conforming amendments. NRG South Texas currently owns a 44 percent share of STP and holds possession-only rights in the NRC licenses. The application contains sensitive unclassified nonsafeguards information (SUNSI). SUMMARY: E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices Submit comments by August 18, 2023. A request for a hearing 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. 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–2023–0128. 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. FOR FURTHER INFORMATION CONTACT: Dennis Galvin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–6256; email: Dennis.Galvin@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: ddrumheller on DSK120RN23PROD with NOTICES1 I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2023– 0128 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–2023–0128. VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 • 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. • 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–2023–0128 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 10 CFR 72.50 approving the indirect transfer of Renewed Facility Operating License Nos. NPF–76 and NPF–80 for STP, Units 1 and 2, respectively, and its generally licensed ISFSI. The NRC is also considering amending the renewed facility operating licenses for administrative purposes to reflect the proposed transfer. Specifically, according to the application for PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 46193 approval filed by STPNOC, CEG will acquire the NRG South Texas 44 percent ownership of STP, Units 1 and 2. STPNOC will continue to have exclusive responsibility for the control over the physical construction, operation, and maintenance of STP, Units 1 and 2. No physical changes to STP, Units 1 and 2 or operational changes are being proposed in the application. The NRC’s regulations at 10 CFR 50.80 and 10 CFR 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 transaction 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, 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, which 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 E:\FR\FM\19JYN1.SGM 19JYN1 46194 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 (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?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 located in the ‘‘Guidance for Electronic Submissions to the NRC’’ (ADAMS Accession No. ML13031A056) VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 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. 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:// PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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 Register and served on the parties to the hearing. For further details with respect to this application, see the application dated June 12, 2023 (ADAMS Accession No. ML23163A176). E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices 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 emailing Drew Richards at amrichards@stpeqs.com and David Helker at david.helker@ constellation.com 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: July 14, 2023. For the Nuclear Regulatory Commission. Dennis J. Galvin, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2023–15327 Filed 7–18–23; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–305; NRC–2023–0116] Kewaunee Solutions, Inc.; Kewaunee Power Station Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a request dated March 29, 2023, from Kewaunee Solutions, Inc. (Kewaunee Solutions), for the Kewaunee Power Station (KPS) facility, that permits Kewaunee Solutions 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 EnergySolutions, LLC within 45 days of 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–2023–0116 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–2023–0116. Address ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 00:36 Jul 19, 2023 Jkt 259001 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) 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: Karl J. Sturzebecher, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–8534, email: Karl.Sturzebecher@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. 50–305 Kewaunee Solutions, Inc., Kewaunee Power Station Exemption From Certain Low-Level Waste Shipment Tracking Requirements I. Background The U.S. Nuclear Regulatory Commission (NRC, the Commission) license for Kewaunee Power Station (KPS) facility is Renewed Facility Operating License (RFOL) No. DPR–43. EnergySolutions, LLC (EnergySolutions) PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 46195 is the licensed holder of No. DPR–43 and operator for decommissioning, while its subsidiary Kewaunee Solutions, Inc. (Kewaunee Solutions) would continue to hold title to and ownership of any real estate encompassing the KPS site, any improvements to the site, and title to and ownership of spent nuclear fuel. The RFOL provides, among other things, that the facility is subject to all rules, regulations, and orders of the NRC now or hereafter in effect. The KPS facility is located about 90 miles North-East of the city of Milwaukee, Wisconsin. Kewaunee Solutions is currently decommissioning the KPS facility, which consists of a permanently shutdown and defueled pressurized water reactor design and a dry cask Independent Spent Fuel Storage Installation. Inherent to the plans for this decommissioning process, large volumes of low-level radioactive waste are generated. This low-level radioactive waste requires processing and disposal or only disposal. KPS will transport, by truck or by mixed mode shipments (for example, by a combination of truck and rail), low-level radioactive waste from the facility to locations such as the waste disposal facility owned and operated by EnergySolutions in Clive, Utah. II. Request/Action By letter dated March 29, 2023 (Agencywide Document Access and Management System Accession No. ML23088A275), Kewaunee Solutions requested an exemption from certain requirements of title 10 of the Code of Federal Regulations (10 CFR), part 20, appendix G, section III.E, ‘‘Requirements for Transfers of LowLevel Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests.’’ Specifically, Kewaunee Solutions requests an exemption from the requirement to investigate and report to the 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. Kewaunee Solutions 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 low-level radioactive waste shipments from the KPS facility. Further, Kewaunee Solutions states that the requested exemption would be applicable to shipments from KPS by rail or by mixed transportation modes, such as a combination of truck/rail shipments. E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46192-46195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15327]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498, 50-499, and 72-1041; NRC-2023-0128]


STP Nuclear Operating Company; South Texas Project, Units 1 and 
2, and the 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; 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 STP 
Nuclear Operating Company (STPNOC, the current licensee), acting on 
behalf of Constellation Energy Generation, LLC (CEG) and NRG South 
Texas LP (NRG South Texas) and its parent companies, on June 12, 2023. 
The application seeks NRC approval of the indirect transfer of 
possession-only non-operating interests in Renewed Facility Operating 
License Nos. NPF-76 and NPF-80 for South Texas Project (STP), Units 1 
and 2, respectively, and its generally licensed independent spent fuel 
storage installation (ISFSI) from NRG South Texas to CEG and conforming 
amendments. NRG South Texas currently owns a 44 percent share of STP 
and holds possession-only rights in the NRC licenses. The application 
contains sensitive unclassified non-safeguards information (SUNSI).

[[Page 46193]]


DATES: Submit comments by August 18, 2023. A request for a hearing 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-2023-0128. 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: Dennis Galvin, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-6256; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0128 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-2023-0128.
     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].
     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-2023-0128 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 10 CFR 72.50 approving the indirect transfer of Renewed Facility 
Operating License Nos. NPF-76 and NPF-80 for STP, Units 1 and 2, 
respectively, and its generally licensed ISFSI. The NRC is also 
considering amending the renewed facility operating licenses for 
administrative purposes to reflect the proposed transfer. Specifically, 
according to the application for approval filed by STPNOC, CEG will 
acquire the NRG South Texas 44 percent ownership of STP, Units 1 and 2. 
STPNOC will continue to have exclusive responsibility for the control 
over the physical construction, operation, and maintenance of STP, 
Units 1 and 2.
    No physical changes to STP, Units 1 and 2 or operational changes 
are being proposed in the application.
    The NRC's regulations at 10 CFR 50.80 and 10 CFR 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 transaction 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, 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, 
which 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

[[Page 46194]]

(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.
    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 June 12, 2023 (ADAMS Accession No. ML23163A176).

[[Page 46195]]

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 emailing Drew Richards at 
[email protected] and David Helker at 
[email protected] 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: July 14, 2023.

    For the Nuclear Regulatory Commission.
Dennis J. Galvin,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-15327 Filed 7-18-23; 8:45 am]
BILLING CODE 7590-01-P
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