[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Notices]
[Pages 60374-60375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5688]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-382]
Entergy Operations, Inc., Waterford Steam Electric Station, Unit
3; Notice of Consideration of Approval of Transfer of Facility
Operating License and Materials License and Conforming Amendment and
Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an order under section 50.80 of Title 10 of the
Code of Federal Regulations (10 CFR), approving the transfer of control
of Facility Operating License and Materials License No. NPF-38 for
Waterford Steam Electric Station, Unit 3 (Waterford 3). The transfer is
associated with the restructuring of Entergy Louisiana, Inc. (ELI),
from a Louisiana corporation to a Texas limited liability company,
Entergy Louisiana, LLC (ELL). Entergy Operations Inc. (EOI), the
current operators of Waterford 3, will continue to operate the plant.
The Commission is further considering amending the license for
administrative purposes to reflect the proposed transfer, including
removing references to ELI in the license.
ELI is the owner of Waterford 3, which is operated by EOI. Both ELI
and EOI are direct subsidiaries of Entergy Corporation. ELI is
currently a Louisiana corporation. Under the proposed restructuring,
ELI will become a Texas corporation (``Holdings'') and will form ELL,
which will be a Texas limited liability company. Holdings will remain a
subsidiary of Entergy Corporation which will own all the common
membership interests in ELL. All of the common stock and preferred
stock of ELI will continue to be outstanding and to be owned by the
same stockholders with the same ownership rights and interests as those
stockholders had immediately before the restructuring.
ELL will assume all of the regulated utility obligations of ELI,
along with the property and other assets of ELI that are used to
provide retail and wholesale electric service to ELI's customers. ELL's
retail utility operations will be subject to the jurisdiction of the
Louisiana Public Service Commission (LPSC) to the same extent that the
LPSC currently possesses jurisdiction over ELI's retail utility
operations. ELL will succeed to and assume all of ELI's jurisdictional
tariffs, rate schedules, and service agreements, and provide electric
service to ELI's customers without interruption.
EOI operates Waterford 3 pursuant to an Operating Agreement with
ELI. EOI will continue to operate Waterford 3 and the current Operating
Agreement will be amended to reflect the new owner of the plant. EOI
will not be affected by the restructuring.
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. 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 pursuant thereto.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility
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.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person whose interest may be affected by the Commission's action on the
application may request a hearing and, if not the applicant, may
petition for leave to intervene in a hearing proceeding on the
Commission's action. Requests for a hearing and petitions for leave to
intervene should be filed in accordance with the Commission's rules of
practice set forth in Subpart C ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of Documents,
Selection of Specific Hearing Procedures, Presiding Officer Powers, and
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR
part 2. In particular, such requests and petitions must comply with the
requirements set forth in 10 CFR 2.309. Untimely requests and petitions
may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for
failure to file on time is established. In addition, an untimely
request or petition should address the factors that the Commission will
also consider, in reviewing untimely requests or petitions, set forth
in 10 CFR 2.309(c)(1)(I)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon David A. Repka, Esq., Winston & Stawn, LLP, 1700 K
Street, NW., Washington, DC 20006-3817; the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001
([email protected]); and the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302
and 2.305.
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.
As an alternative to requests for hearing and petitions to
intervene, 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 to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated July 20, 2005, available for public inspection at the
Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the Agencywide Documents Access and Management
System's (ADAMS) Public Electronic Reading Room on the Internet at the
NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do
not have access to
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ADAMS or who encounter problems in accessing the documents located in
ADAMS, should contact the NRC PDR Reference staff by telephone at 1-
800-397-4209, 301-415-4737 or by e-mail to [email protected].
Dated at Rockville, Maryland this 6th day of October, 2005.
For the Nuclear Regulatory Commission.
Nageswaran Kalyanam,
Project Manager, Section 1, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-5688 Filed 10-14-05; 8:45 am]
BILLING CODE 7590-01-P