[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Pages 60374-60375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5688]

[[Page 60374]]



[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]