[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73800-73801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7271]
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NUCLEAR REGULATORY COMMISSION
[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
I.
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.
II.
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
EOI.
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
determination.
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.
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 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
closing.
(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
completed.
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]
BILLING CODE 7590-01-P