Holtec Decommissioning International, LLC, Holtec Palisades, LLC, and Palisades Energy, LLC; Palisades Nuclear Plant and the Palisades Independent Spent Fuel Storage Installation; Consideration of Approval of Transfer of Licenses and Conforming Amendment, 64493-64496 [2024-17332]

Download as PDF Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices 64493 ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued Day Event/activity 190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity for hearing), the petitioner may file its SUNSI and/or SGI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 205 .................... A ....................... A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. [FR Doc. 2024–17359 Filed 8–6–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–255 and 72–007; NRC– 2024–0128] Holtec Decommissioning International, LLC, Holtec Palisades, LLC, and Palisades Energy, LLC; Palisades Nuclear Plant and the Palisades Independent Spent Fuel Storage Installation; Consideration of Approval of Transfer of Licenses and Conforming Amendment Nuclear Regulatory Commission. ACTION: Application for direct transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed on December 6, 2023, by Holtec Decommissioning International, LLC (HDI), on behalf of itself, Holtec Palisades, LLC, and Palisades Energy, LLC (collectively, the Applicants), regarding the proposed transfer of control of Renewed Facility Operating License (RFOL) No. DPR–20 for the Palisades Nuclear Plant (PNP) and the general license for the Palisades Independent Spent Fuel Storage Installation (ISFSI). HDI and Holtec Palisades, LLC, are the current license holders. The application seeks NRC approval of the direct transfer of control of PNP RFOL No. DPR–20 and the Palisades ISFSI general license from khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 HDI to Palisades Energy, LLC (the proposed new licensed operator). The NRC is also considering amending the RFOL for administrative purposes to reflect the proposed transfer. The application contains sensitive unclassified non-safeguards information (SUNSI). DATES: Submit comments by September 6, 2024. A request for a hearing must be filed by August 27, 2024. Any person who has requested, or who may intend to request, a hearing or petition to intervene in this proceeding, 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–2024–0128. 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, PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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: Marlayna Doell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3178; email: Marlayna.Doell@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2024– 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–2024–0128. • 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) E:\FR\FM\07AUN1.SGM 07AUN1 64494 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices reference staff at 1–800–397–4209, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The license transfer application dated December 6, 2023, and supplemental letter dated May 23, 2024, are available in ADAMS under Accession Nos. ML23340A161 and ML24144A106, respectively. • 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. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2024–0128 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 khammond on DSKJM1Z7X2PROD with NOTICES A. Background PNP consists of a single pressurizedwater reactor located in Covert Township, Michigan, along the shoreline of Lake Michigan. Originally licensed for operation on March 24, 1971, the NRC issued a renewed operating license for PNP on January 17, 2007, with the renewed operating license term expiring on March 24, 2031. On June 13, 2022, Entergy Operations, Inc., the licensee who operated the facility prior to transfer of control of the PNP license to HDI and Holtec Palisades, LLC, submitted certifications VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 that it had permanently ceased operations of PNP and permanently removed fuel from the reactor vessel in accordance with paragraph 50.82(a)(1) of title 10 of the Code of Federal Regulations (10 CFR). When the NRC docketed the certifications, the PNP RFOL No. DPR–20 no longer authorized operation of the reactor, or emplacement or retention of fuel into the reactor vessel, as provided by 10 CFR 50.82(a)(2). HDI is seeking to return PNP to power operations and has submitted several requests for NRC approval to support allowing the resumption of power operations through March 24, 2031, the end of the renewed facility operating license term under PNP RFOL No. DPR– 20. These requests include the license transfer application, which is the subject of this notice, and four license amendment requests. The hearing opportunity for the four license amendment requests is being addressed by a separate notice published in today’s issue of the Federal Register. B. Transfer Request The NRC is considering the issuance of an order under 10 CFR 50.80 approving the direct transfer of control of RFOL No. DPR–20 for PNP and the general license for the Palisades ISFSI, from HDI to Palisades Energy, LLC, which would be the new licensed operator. The application states that this proposed transfer of operating authority would be conditioned on HDI’s receipt of the NRC approvals necessary to resume full-power operation of PNP. Thus, implementation of the proposed direct transfer of control of the license, would make Palisades Energy, LLC, responsible for the operation and maintenance of PNP as licensed for fullpower reactor operation. The proposed transfer would also involve the issuance of a conforming license amendment. According to the application, HDI is requesting NRC approval to transfer operational authority to Palisades Energy, LLC, and to vest in Palisades Energy, LLC, exclusive control of operation and maintenance of PNP. Palisades Energy, LLC, is an indirect, wholly owned subsidiary of Holtec International, formed, staffed, and resourced by Holtec International specifically for power operations of PNP. As described in the application, Palisades Energy, LLC, will be resourced with the appropriate operational experience and the programmatic expertise to conduct licensed power operations activities at PNP. Holtec Palisades, LLC, will remain the licensed owner, the beneficiary of the PNP decommissioning trust fund, and the PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 party to the Standard Contract for Disposal of Spent Nuclear Fuel. No changes are being made to the Big Rock Point license, which will remain owned by Holtec Palisades, LLC, and operated by HDI. No physical changes to the Palisades Nuclear Plant or Palisades ISFSI are being proposed in the transfer application. The scope of this notice is limited to comments, requests for a hearing, and petitions for leave to intervene related to the proposed direct transfer of control of the PNP RFOL No. DPR–20 and the Palisades ISFSI general license from HDI to Palisades Energy, LLC. The four license amendment requests associated with potential reauthorization of power operations at PNP are available for comment, as well as the opportunity to request a hearing and petition for leave to intervene, in a separate notice published in today’s issue of the Federal Register. The NRC staff also notes that, although the transfer application states that a categorical exclusion applies to the proposed transfer, the NRC staff is not relying on a categorical exclusion for this action but is instead preparing an environmental assessment (EA) to evaluate the environmental impacts from the proposed Federal actions related to reauthorizing power operations at PNP, which include the proposed license transfer. The NRC’s decision to prepare an EA and additional detail about the environmental review are discussed in the NRC’s notice of intent to prepare an EA and conduct scoping, published on June 27, 2024 (89 FR 53659). The NRC’s regulations at 10 CFR 50.80 state that no license for a production or utilization facility, 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 transfer of a license if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. Before issuance of the proposed conforming license amendment, 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, or to the E:\FR\FM\07AUN1.SGM 07AUN1 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices license of an ISFSI, which does no more than conform the license to reflect the transfer action involves no significant hazards consideration and no genuine issue as to whether the health and safety of the public will be significantly affected. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91. khammond on DSKJM1Z7X2PROD with NOTICES III. Opportunity to Comment Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted as described in the ADDRESSES section of this document. IV. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 20 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission’s ‘‘Agency Rules of Practice and Procedure’’ in 10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued. Petitions must be filed no later than 20 days from the date of publication of this notice in accordance with the filing instructions in the ‘‘Electronic Submissions (E-Filing)’’ section of this document. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h) no later than 20 days from the date of publication of this notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 thereof may participate as a non-party under 10 CFR 2.315(c). For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053 (https:// adamswebsearch2.nrc.gov/webSearch2/ main.jsp?AccessionNumber= ML20340A053) and on the NRC’s public website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/ hearing.html#participate. V. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including documents filed by an interested State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof that requests to participate under 10 CFR 2.315(c), must be filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases, to mail copies on electronic storage media, unless an exemption permitting an alternative filing method, as further discussed, is granted. Detailed guidance on electronic submissions in adjudicatory proceedings is located in the ‘‘Electronic Information Exchange System Adjudicatory User’s Guide’’ (ADAMS Accession No. ML23150A083) 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 64495 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/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 NRC- E:\FR\FM\07AUN1.SGM 07AUN1 64496 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices 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 docket 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 December 6, 2023 (ADAMS Accession No. ML23340A161), as supplemented on May 23, 2024 (ADAMS Accession No. ML24144A106). VI. Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation khammond on DSKJM1Z7X2PROD with NOTICES Any person who desires access to proprietary, confidential commercial information that has been redacted from the application should contact the applicant by telephoning Jason Day, HDI General Counsel, at 856–797–0900, extension 3688, or J.Day@holtec.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: August 1, 2024. For the Nuclear Regulatory Commission. Jeffrey A. Whited, Chief, Plant Licensing Branch 3, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2024–17332 Filed 8–6–24; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 NUCLEAR WASTE TECHNICAL REVIEW BOARD Board Meeting The U.S. Nuclear Waste Technical Review Board will hold a hybrid (inperson/virtual) public meeting on August 29, 2024. Board meeting: August 29, 2024—The U.S. Nuclear Waste Technical Review Board will hold a hybrid (in-person/ virtual) meeting in North Augusta, South Carolina, on Thursday, August 29, 2024, to review information on the U.S. Department of Energy’s (DOE) management and plans for disposal of DOE spent nuclear fuel (SNF) and to receive program updates from DOE’s Office of Nuclear Energy (DOE–NE). Pursuant to its authority under section 5051 of Public Law 100–203, Nuclear Waste Policy Amendments Act (NWPAA) of 1987, the U.S. Nuclear Waste Technical Review Board will hold a hybrid (in-person/virtual) meeting in North Augusta, South Carolina, on Thursday, August 29, 2024, to review information on the U.S. Department of Energy’s (DOE) management and plans for disposal of DOE spent nuclear fuel (SNF). The meeting will begin with a program update from DOE’s Office of Nuclear Energy (DOE–NE) on its reprioritization of storage, transportation, and disposal research and development (R&D) activities. One speaker will also provide an update on DOE–NE’s federal consolidated interim storage facility for commercial SNF and consent-based siting efforts. The hybrid (in-person/virtual) meeting will be held at the Crowne Plaza North Augusta at 1060 Center Street in North Augusta, South Carolina. The hotel telephone number is 803– 349–8400. The hotel website is https:// www.ihg.com/crowneplaza/hotels/us/ en/north-augusta/aikna/hoteldetail. On Thursday, August 29, the meeting will begin at 8:00 a.m. Eastern Daylight Time (EDT) and is scheduled to adjourn at approximately 5:00 p.m. EDT. DOE speakers will provide an overview of DOE SNF storage, transportation, and plans for disposal. Other speakers will describe DOE’s Office of Environmental Management (DOE–EM) SNF technology development activities. Additional speakers will report on SNF management activities at the Savannah River Site including current SNF storage, the accelerated basin deinventory project, and management alternatives for stored SNF after completion of the de-inventory project. Speakers will describe SNF management activities at the Idaho PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 National Laboratory, including the Idaho Road-Ready SNF Demonstration. A detailed meeting agenda will be available on the Board’s website at www.nwtrb.gov approximately one week before the meeting. The meeting will be open to the public, and there will be an opportunity for public comment at the end of the meeting. Those attending the meeting in person and wishing to provide oral comments are encouraged to sign-in using the Public Comment Register at the check-in table near the entrance to the meeting room. Oral commenters will be taken in the order in which they signed in. Public comments may also be submitted during the meeting via the online meeting viewing platform, using the ‘‘Comment for the Record’’ form. Comments submitted online during the day of the meeting may be read into the record by Board staff during the public comment period if time allows. Depending on the number of speakers and online comments, a time limit on individual remarks may be set. Written comments of any length may be submitted to the Board staff by mail or electronic mail. Comments received in writing will be included in the meeting record, which will be posted on the Board’s website. An archived recording of the meeting will be available on the Board’s website following the meeting, and a transcript of the meeting will be available on the website by November 1, 2024. The Board is an independent federal agency in the Executive Branch. It was established in the Nuclear Waste Policy Amendments Act of 1987 (Pub. L. 100– 203) to perform ongoing evaluation of the technical and scientific validity of U.S. Department of Energy activities related to developing and implementing a program for the management and disposal of spent nuclear fuel and highlevel radioactive waste, in accordance with the terms of the Nuclear Waste Policy Act of 1982. Board members serve part-time and are appointed by the President from a list of nominees submitted by the National Academy of Sciences. The Board reports its findings, conclusions, and recommendations to Congress and the Secretary of Energy. Board reports, correspondence, congressional testimony, meeting transcripts, and related materials are posted on the Board’s website. For information regarding the meeting, contact Mr. Christopher Burk at burk@nwtrb.gov, or by phone at 703– 235–4486, or Dr. Bret Leslie at leslie@ nwtrb.gov, or by phone at 703–235– 9132. For information on meeting logistics, contact Ms. Davonya Barnes at barnes@nwtrb.gov, or by phone at 703– E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64493-64496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17332]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-255 and 72-007; NRC-2024-0128]


Holtec Decommissioning International, LLC, Holtec Palisades, LLC, 
and Palisades Energy, LLC; Palisades Nuclear Plant and the Palisades 
Independent Spent Fuel Storage Installation; Consideration of Approval 
of Transfer of Licenses and Conforming Amendment

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed on December 6, 2023, by 
Holtec Decommissioning International, LLC (HDI), on behalf of itself, 
Holtec Palisades, LLC, and Palisades Energy, LLC (collectively, the 
Applicants), regarding the proposed transfer of control of Renewed 
Facility Operating License (RFOL) No. DPR-20 for the Palisades Nuclear 
Plant (PNP) and the general license for the Palisades Independent Spent 
Fuel Storage Installation (ISFSI). HDI and Holtec Palisades, LLC, are 
the current license holders. The application seeks NRC approval of the 
direct transfer of control of PNP RFOL No. DPR-20 and the Palisades 
ISFSI general license from HDI to Palisades Energy, LLC (the proposed 
new licensed operator). The NRC is also considering amending the RFOL 
for administrative purposes to reflect the proposed transfer. The 
application contains sensitive unclassified non-safeguards information 
(SUNSI).

DATES: Submit comments by September 6, 2024. A request for a hearing 
must be filed by August 27, 2024. Any person who has requested, or who 
may intend to request, a hearing or petition to intervene in this 
proceeding, 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-2024-0128. 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: Marlayna Doell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3178; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0128 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-2024-0128.
     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)

[[Page 64494]]

reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
[email protected]. The license transfer application dated December 
6, 2023, and supplemental letter dated May 23, 2024, are available in 
ADAMS under Accession Nos. ML23340A161 and ML24144A106, respectively.
     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. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2024-0128 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

A. Background

    PNP consists of a single pressurized-water reactor located in 
Covert Township, Michigan, along the shoreline of Lake Michigan. 
Originally licensed for operation on March 24, 1971, the NRC issued a 
renewed operating license for PNP on January 17, 2007, with the renewed 
operating license term expiring on March 24, 2031.
    On June 13, 2022, Entergy Operations, Inc., the licensee who 
operated the facility prior to transfer of control of the PNP license 
to HDI and Holtec Palisades, LLC, submitted certifications that it had 
permanently ceased operations of PNP and permanently removed fuel from 
the reactor vessel in accordance with paragraph 50.82(a)(1) of title 10 
of the Code of Federal Regulations (10 CFR). When the NRC docketed the 
certifications, the PNP RFOL No. DPR-20 no longer authorized operation 
of the reactor, or emplacement or retention of fuel into the reactor 
vessel, as provided by 10 CFR 50.82(a)(2).
    HDI is seeking to return PNP to power operations and has submitted 
several requests for NRC approval to support allowing the resumption of 
power operations through March 24, 2031, the end of the renewed 
facility operating license term under PNP RFOL No. DPR-20. These 
requests include the license transfer application, which is the subject 
of this notice, and four license amendment requests. The hearing 
opportunity for the four license amendment requests is being addressed 
by a separate notice published in today's issue of the Federal 
Register.

B. Transfer Request

    The NRC is considering the issuance of an order under 10 CFR 50.80 
approving the direct transfer of control of RFOL No. DPR-20 for PNP and 
the general license for the Palisades ISFSI, from HDI to Palisades 
Energy, LLC, which would be the new licensed operator. The application 
states that this proposed transfer of operating authority would be 
conditioned on HDI's receipt of the NRC approvals necessary to resume 
full-power operation of PNP. Thus, implementation of the proposed 
direct transfer of control of the license, would make Palisades Energy, 
LLC, responsible for the operation and maintenance of PNP as licensed 
for full-power reactor operation. The proposed transfer would also 
involve the issuance of a conforming license amendment.
    According to the application, HDI is requesting NRC approval to 
transfer operational authority to Palisades Energy, LLC, and to vest in 
Palisades Energy, LLC, exclusive control of operation and maintenance 
of PNP. Palisades Energy, LLC, is an indirect, wholly owned subsidiary 
of Holtec International, formed, staffed, and resourced by Holtec 
International specifically for power operations of PNP. As described in 
the application, Palisades Energy, LLC, will be resourced with the 
appropriate operational experience and the programmatic expertise to 
conduct licensed power operations activities at PNP. Holtec Palisades, 
LLC, will remain the licensed owner, the beneficiary of the PNP 
decommissioning trust fund, and the party to the Standard Contract for 
Disposal of Spent Nuclear Fuel. No changes are being made to the Big 
Rock Point license, which will remain owned by Holtec Palisades, LLC, 
and operated by HDI. No physical changes to the Palisades Nuclear Plant 
or Palisades ISFSI are being proposed in the transfer application.
    The scope of this notice is limited to comments, requests for a 
hearing, and petitions for leave to intervene related to the proposed 
direct transfer of control of the PNP RFOL No. DPR-20 and the Palisades 
ISFSI general license from HDI to Palisades Energy, LLC. The four 
license amendment requests associated with potential reauthorization of 
power operations at PNP are available for comment, as well as the 
opportunity to request a hearing and petition for leave to intervene, 
in a separate notice published in today's issue of the Federal 
Register.
    The NRC staff also notes that, although the transfer application 
states that a categorical exclusion applies to the proposed transfer, 
the NRC staff is not relying on a categorical exclusion for this action 
but is instead preparing an environmental assessment (EA) to evaluate 
the environmental impacts from the proposed Federal actions related to 
reauthorizing power operations at PNP, which include the proposed 
license transfer. The NRC's decision to prepare an EA and additional 
detail about the environmental review are discussed in the NRC's notice 
of intent to prepare an EA and conduct scoping, published on June 27, 
2024 (89 FR 53659).
    The NRC's regulations at 10 CFR 50.80 state that no license for a 
production or utilization facility, 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 transfer of a license if 
the Commission determines that the proposed transferee is qualified to 
hold the license, and that the transfer is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission.
    Before issuance of the proposed conforming license amendment, 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, 
or to the

[[Page 64495]]

license of an ISFSI, which does no more than conform the license to 
reflect the transfer action involves no significant hazards 
consideration and no genuine issue as to whether the health and safety 
of the public will be significantly affected. No contrary determination 
has been made with respect to this specific license amendment 
application. In light of the generic determination reflected in 10 CFR 
2.1315, no public comments with respect to significant hazards 
considerations are being solicited, notwithstanding the general comment 
procedures contained in 10 CFR 50.91.

III. Opportunity to Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 20 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the 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 in 
adjudicatory proceedings is located in the ``Electronic Information 
Exchange System Adjudicatory User's Guide'' (ADAMS Accession No. 
ML23150A083) 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-

[[Page 64496]]

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 docket 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 December 6, 2023 (ADAMS Accession No. ML23340A161), 
as supplemented on May 23, 2024 (ADAMS Accession No. ML24144A106).

VI. Access to Sensitive Unclassified Non-Safeguards Information for 
Contention Preparation

    Any person who desires access to proprietary, confidential 
commercial information that has been redacted from the application 
should contact the applicant by telephoning Jason Day, HDI General 
Counsel, at 856-797-0900, extension 3688, or [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: August 1, 2024.

    For the Nuclear Regulatory Commission.
Jeffrey A. Whited,
Chief, Plant Licensing Branch 3, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-17332 Filed 8-6-24; 8:45 am]
BILLING CODE 7590-01-P
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