[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Notices]
[Pages 13373-13374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6991]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-293; 030-34378; and License Nos. DPR-35; 20-07626-04]


In the Matter of Entergy Nuclear Generation Company (Pilgrim 
Nuclear Power Station); Order Approving Transfer of Operating Authority 
and Conforming Amendments

I

    Entergy Nuclear Generation Company (ENGC or the licensee) is the 
holder of Facility Operating License No. DPR-35, which authorizes ENGC 
to possess, use, and operate the Pilgrim Nuclear Power Station (Pilgrim 
Station or the facility). ENGC is also the holder of Materials License 
No. 20-07626-04, which authorizes ENGC to possess, use, and transport 
certain materials in the form of contamination on reactor components. 
The facility is located in Plymouth County, Massachusetts.

II

    By application dated August 24, 2001, the Commission was informed 
that ENGC proposes to enter into an Operating Agreement with Entergy 
Nuclear Operations, Incorporated (ENO), and transfer operating 
authority to ENO. The application was supplemented by submittals dated 
December 20, 2001, and February 15, 2002. ENO is a direct wholly owned 
subsidiary of Entergy Nuclear Holding Company #2 and an indirect wholly 
owned subsidiary of Entergy Corporation. Under the proposed 
transaction, ENO will be designated as a new facility licensee 
exclusively authorized to operate and maintain Pilgrim Station in 
accordance with the terms and conditions of the facility operating 
license. The transaction involves no change in ENGC's ownership of the 
facility. The licensee requested approval of the proposed transfer of 
operating authority under the Pilgrim Station facility operating 
license and transfer of the materials license to ENO. The licensee also 
requested conforming amendments to reflect the transfer. The proposed 
amendments would essentially add ENO to the licenses and make other 
administrative changes to reflect that ENO is authorized to operate 
Pilgrim Station.
    No physical changes to Pilgrim Station were proposed in the 
application. In addition, ENGC's entitlement to capacity and energy 
from Pilgrim Station will not be affected by the transfer of operating 
authority.
    Approval of the transfer of operating authority under the operating 
license and the conforming license amendments was requested by ENGC 
pursuant to 10 CFR 50.80 and 10 CFR 50.90. The applicable provisions of 
the regulations governing the transfer and amendment of the materials 
license are 10 CFR 30.34, 30.38, 40.41, 40.44, 70.32, and 70.34. Notice 
of the application for approval and an opportunity for a hearing was 
published in the Federal Register on October 4, 2001 (66 FR 50694). No 
hearing requests or written comments were received.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. Under 10 CFR 30.34, 40.41, and 70.32, no byproduct, source, or 
special nuclear material license shall be transferred in violation of 
the provisions of the Atomic Energy Act of 1954, as amended, which 
require, inter alia, Commission consent. After reviewing the 
information in the application by ENGC and other information before the 
Commission, and relying upon the representations and agreements 
contained in the application, the NRC staff has determined that ENO is 
qualified to hold the operating authority under the facility operating 
license and to hold the materials license, and that the transfer of the 
operating authority under the facility operating license and the 
transfer of the materials license to ENO is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission, subject to the conditions set forth below. The NRC staff 
has further found that the application for the proposed license 
amendments complies with the standards and requirements of the Atomic 
Energy Act of 1954 (the Act), as amended, and the Commission's rules 
and regulations set forth in 10 CFR chapter 1; the facility will 
operate in conformity with the application, the provisions of the Act, 
and the rules and regulations of the Commission; there is reasonable 
assurance that the activities

[[Page 13374]]

authorized by the proposed license amendments can be conducted without 
endangering the health and safety of the public and that such 
activities will be conducted in compliance with the Commission's 
regulations; the issuance of the proposed license amendments will not 
be inimical to the common defense and security or the health and safety 
of the public; and the issuance of the proposed amendments will be in 
accordance with 10 CFR part 51 of the Commission's regulations and all 
applicable requirements have been satisfied. The foregoing findings are 
supported by a safety evaluation dated March 15, 2002.

III

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 2234, 
and 10 CFR 30.34, 40.41, 50.80, and 70.32, It is hereby ordered that 
the transfer of the licenses, as described herein, to ENO is approved, 
subject to the following conditions:
    (1) ENO shall, prior to completion of the transfer of operating 
authority for Pilgrim Station, provide the Director of the Office of 
Nuclear Reactor Regulation satisfactory documentary evidence that ENO 
has obtained the appropriate amount of insurance required of licensees 
under 10 CFR Part 140 of the Commission's regulations.
    (2) After receipt of all required regulatory approvals of the 
transfer of operating authority to ENO, ENGC and ENO shall inform the 
Director of the Office of Nuclear Reactor Regulation in writing of such 
receipt within 5 business days and of the date of the closing of the 
transfer no later than 7 business days prior to the date of closing. If 
the transfer is not completed by March 30, 2003, this Order shall 
become null and void, provided, however, upon written application and 
for good cause shown, such date may in writing be extended.
    It is further ordered that, consistent with 10 CFR 2.1315(b), 
license amendments that make changes, as indicated in Enclosure 2 to 
the cover letter forwarding this Order, to conform the licenses to 
reflect the subject transfers are approved. The amendments shall be 
issued and made effective at the time the proposed transfers are 
completed.
    This Order is effective upon issuance.
    For further details with respect to this action, see the initial 
application dated August 24, 2001, supplements dated December 20, 2001, 
and February 15, 2002, and the safety evaluation dated March 15, 2002, 
which are available for public inspection at the Commission's Public 
Document Room, at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Publicly available records will be 
accessible from the Agencywide Documents Access and Management Systems 
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web 
site http://www.nrc.gov/reading-rm/adams.html.

    Dated at Rockville, Maryland, this 15th day of March 2002.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 02-6991 Filed 3-21-02; 8:45 am]
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