[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Pages 73800-73801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7271]



[Docket No. 50-382; License No. NPF-38]

Entergy Louisiana, Inc., Entergy Operations, Inc., (Waterford 
Steam Electric Station, Unit 3); Order Approving Transfer of License 
and Conforming Amendment


    Entergy Louisiana, Inc. (ELI) is the owner of Waterford Steam 
Electric Station, Unit 3 (Waterford 3), located in St. Charles Parish, 
Louisiana. Entergy Operations, Inc. (EOI), is the licensed operator of 
Waterford 3. They are the holders of Facility Operating License No. 
NPF-38, which authorizes operation of Waterford 3, issued by the 
Nuclear Regulatory Commission (NRC or the Commission). The license 
authorizes ELI to possess, and EOI to use and operate, Waterford 3.


    By application dated July 20, 2005, as supplemented September 14, 
2005, EOI, acting on behalf of itself and ELI, requested approval by 
the NRC of the transfer of Facility Operating License No. NPF-38 for 
Waterford 3 from ELI to Entergy Louisiana, LLC (ELL). The initial 
application and the supplement are hereinafter referred to as ``the 
application'' unless otherwise indicated. EOI also requested approval 
of a conforming license amendment to reflect the transfer. The 
conforming license amendment would replace references to ELI with ELL. 
The application requested approval of the transfer of Facility 
Operating License and Materials License No. NPF-38 for Waterford 3, 
held by ELI and EOI, and approval of a conforming amendment, pursuant 
to Title 10 of the Code of Federal Regulations, Sections 50.80 and 
50.90. The transfer is associated with the restructuring of ELI from a 
Louisiana corporation to a Texas limited liability company, ELL. EOI 
will continue to operate Waterford 3, and the proposed restructuring 
will not affect the technical or financial qualifications of ELL or 
    Notice of consideration of approval and an opportunity for a 
hearing was published in the Federal Register on October 17, 2005 (70 
FR 60374). No hearing requests or written comments were received. The 
supplemental letter dated September 14, 2005, provided additional 
information that clarified the application, did not expand the scope of 
the application as originally noticed, and did not affect the 
applicability of the generic no significant hazards consideration 
    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. After reviewing the information in EOI's application and other 
information before the Commission, and relying upon the representations 
and agreements contained in the application, the NRC staff has 
determined that ELL is qualified to hold the license for Waterford 3 
and that the transfer of the license to ELL, as previously described 
herein, 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 amendment complies with the 
standards and requirements of the Atomic Energy Act of 1954, 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 
authorized by the proposed license amendment 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; and the issuance of the proposed license amendment will 
not be inimical to the common defense and security or the health and 
safety of the public. The NRC staff finds the issuance of the proposed 
amendment 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 December 
2, 2005.


    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 50.80, it is hereby ordered that the transfer of the license 
as described herein to Entergy Louisiana, LLC, is approved, subject to 
the following conditions:
    (1) After receipt of all required regulatory approvals of the 
license transfer to Entergy Louisiana, LLC, Entergy Louisiana, Inc. 
shall inform the Director, 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 before the date 
of closing. If the transfer is not completed by January 1, 2006, this 
Order shall become null and void, with the provision that, upon written 
application and for good cause shown, such date may be extended.
    (2) At the time of the closing of the transfer of ownership of 
Waterford 3 and license from Entergy Louisiana, Inc. to Entergy 
Louisiana, LLC, the Waterford 3 decommissioning trust agreement(s) 
shall be amended to reflect Entergy Louisiana, LLC as the owner of all 
the decommissioning trust funds accumulated as of the date of the 
    (3) Prior to completion of the transfer of the Waterford 3 
operating license,

[[Page 73801]]

Entergy Louisiana, LLC shall provide the Director, Office of Nuclear 
Reactor Regulation, satisfactory documentary evidence that it has 
obtained the appropriate amount of insurance required of licensees 
under 10 CFR part 140, ``Financial Protection Requirements and 
Indemnity Agreements,'' of the Commission's regulations.
    It is further ordered that consistent with 10 CFR 2.1315(b), a 
license amendment that makes changes, as indicated in Enclosure 2 to 
the cover letter forwarding this Order, to conform the license to 
reflect the subject license transfer is approved. The amendment shall 
be issued and made effective at the time the proposed transfer is 
    This Order is effective upon issuance.
    For further details with respect to this action, see the initial 
application dated July 20, 2005, the supplemental letter dated 
September 14, 2005, and the safety evaluation dated December 2, 2005, 
which are available for public inspection at the Commission's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, and accessible electronically 
through the Agencywide Documents Access and Management System (ADAMS) 
Public Electronic Reading Room on the Internet on the NRC's Web site 
http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the document 
located in ADAMS, should contact the NRR 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 2nd day of December, 2005.

    For the Nuclear Regulatory Commission.
R. William Borchardt,
Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-7271 Filed 12-12-05; 8:45 am]