[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38476-38477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18435]
[[Page 38476]]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0336; Docket No. 50-293; License No. DPR-35; Docket Nos. 50-
003, 50-247; License Nos. DPR-5, DPR-26; Docket No. 50-286; License No.
DPR-64; Docket Nos. 50-333 and 72-12; License No. DPR-59; Docket Nos.
50-271 and 72-59; License No. DPR-28; Docket Nos. 50-155 and 72-43;
License No. DPR-6]
In the Matter of: Entergy Nuclear Operations, Inc.; Entergy
Nuclear Generation Co. (Pilgrim Nuclear Power Station); Entergy Nuclear
Indian Point 2, LLC (Indian Point Nuclear Generating Unit Nos. 1 and 2)
and 72-51 Entergy Nuclear Indian Point 3, LLC (Indian Point Nuclear
Generating Unit No. 3), Entergy Nuclear FitzPatrick, LLC (James A.
FitzPatrick Nuclear Power Plant), Entergy Nuclear Vermont Yankee, LLC;
(Vermont Yankee Nuclear Power Station), Entergy Nuclear Palisades, LLC
(Palisades Nuclear Plant) (Big Rock Point); Order Extending the
Effectiveness of the Approval of the Indirect Transfer of Facility
Operating Licenses
I
Entergy Nuclear Operations, Inc. (ENO) and Entergy Nuclear
Generation Company (Entergy Nuclear) are co-holders of the Facility
Operating License, No. DPR-35, which authorizes the possession, use,
and operation of the Pilgrim Nuclear Power Station (Pilgrim). Pilgrim
is a boiling water nuclear reactor that is owned by Entergy Nuclear and
operated by ENO. The facility is located on the western shore of Cape
Cod in the town of Plymouth on the Entergy Nuclear site in Plymouth
County, Massachusetts.
ENO and Entergy Nuclear Indian Point 2, LLC (ENIP2) are co-holders
of the Facility Operating License, No. DPR-5, which authorizes the
possession of the Indian Point Nuclear Generating Unit No. 1 (IP1). IP1
is a pressurized water nuclear reactor that is owned by ENIP2 and
maintained by ENO. IP1 was permanently shut down in 1974 and placed in
a safe storage condition pending decommissioning. The facility is
located in Westchester County, New York.
ENO and ENIP2 are co-holders of the Facility Operating License, No.
DPR-26, which authorizes the possession, use, and operation of the
Indian Point Nuclear Generating Unit No. 2 (IP2). ENO and Entergy
Nuclear Indian Point 3, LLC (ENIP3) are co-holders of the Facility
Operating License, No. DPR-64, which authorizes the possession, use,
and operation of the Indian Point Nuclear Generating Unit No. 3 (IP3).
IP2 and IP3 are both pressurized water nuclear reactors that are owned
by ENIP2 and ENIP3, respectively, and operated by ENO. The facilities
are located in Westchester County, New York.
ENO and Entergy Nuclear FitzPatrick, LLC (EN-FitzPatrick) are co-
holders of the Facility Operating License, No. DPR-59, which authorizes
the possession, use, and operation of the James A. FitzPatrick Nuclear
Power Plant (FitzPatrick). FitzPatrick is a boiling water nuclear
reactor that is owned by EN-FitzPatrick and operated by ENO. The
facility is located in Scriba, Oswego County, New York.
ENO and Entergy Nuclear Vermont Yankee, LLC (EN-Vermont Yankee) are
co-holders of the Facility Operating License, No. DPR-28, which
authorizes the possession, use, and operation of the Vermont Yankee
Nuclear Power Station (Vermont Yankee). Vermont Yankee is a boiling
water nuclear reactor that is owned by EN-Vermont Yankee and operated
by ENO. The facility is located in the town of Vernon, Windham County,
Vermont.
ENO and Entergy Nuclear Palisades, LLC (EN-Palisades) are co-
holders of the Renewed Facility Operating License, No. DPR-20, which
authorizes the possession, use, and operation of the Palisades Nuclear
Plant (Palisades). Palisades is a pressurized water nuclear reactor
that is owned by EN-Palisades and operated by ENO. The facility is
located in Van Buren County, Michigan.
ENO and EN-Palisades are co-holders of the Facility Operating
License, No. DPR-06, which authorizes the possession of Big Rock Point.
Big Rock Point is an independent spent fuel storage installation
(ISFSI) that is owned by EN-Palisades and operated by ENO. The facility
is located in Charlevoix County, Michigan.
II
The NRC's Orders dated July 28, 2008, consented to the indirect
transfer of control of the licenses of the above facilities pursuant to
Section 50.80 of Title 10 of the Code of Federal Regulations in
connection with a proposed corporate restructuring and establishment of
Enexus Energy Corporation. By its terms, the Orders of July 28, 2008,
become null and void if the license transfers are not completed by July
28, 2009, unless upon application and for good cause shown, such date
is extended by the Commission.
III
By letter dated May 15, 2009, as supplemented by letter dated May
29, 2009, ENO, acting on behalf of itself, Entergy Nuclear, ENIP2,
ENIP3, EN-FitzPatrick, EN-Vermont Yankee, and EN-Palisades, submitted a
request for an extension of the effectiveness of the Orders of July 28,
2008, such that they would remain effective until January 28, 2010.
According to the submittal, diligent efforts have been made to obtain
the required State and Federal regulatory approvals, and many of the
required approvals have been obtained. However, proceedings are ongoing
before the New York State Public Service Commission and the State of
Vermont Public Service Board and these two State agencies may not
complete their regulatory approval processes in time to complete the
restructuring and establishment of Enexus Energy Corporation prior to
July 28, 2009, as required by the NRC Orders consenting to the proposed
restructuring and associated indirect license transfers.
In addition, according to the submittal, considerable progress has
been made in securing financing to support the proposed transactions.
However, uncertainties in the current financial markets and the need to
obtain required State regulatory approvals have slowed the process of
obtaining all of the requisite financing necessary to complete the
transactions, making it difficult for the licensees to conclude that
all of the necessary arrangements will be complete in time to support a
closing of the transactions by July 28, 2009.
Finally, the licensee has concluded that there has been no material
change in the technical and financial qualifications presented in the
original application and relied upon by the NRC staff under which the
NRC issued the Orders. According to the submittal, the technical
qualifications of the new organization and other bases for approving
the transfers remain intact, and the various inter-company contractual
arrangements and the financial support arrangements, as described in
the original application and supplemental information, remain valid and
fully support the NRC staff's findings.
On June 3, 2009, Mr. Sherwood Martinelli submitted a request for
hearing regarding the extension, which is currently pending before the
Commission.
The NRC staff has considered the submittal of May 15, 2009, as
supplemented by letter dated May 29, 2009, and has determined that good
cause has been shown to extend the effectiveness of the Orders of July
28, 2008, as requested.
[[Page 38477]]
IV
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the
effectiveness of the Orders of July 28, 2008, described herein, are
extended such that if the proposed corporate restructuring and
establishment of Enexus Energy Corporation is not consummated by
January 28, 2010, the Orders of July 28, 2008, shall become null and
void, unless upon application and for good cause shown, such date is
further extended by Order.
This Order is effective upon issuance.
For further details with respect to this Order, see the submittal
dated May 15, 2009 (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML091420271), as supplemented by letter dated May
29, 2009 (ADAMS Accession No. ML091600059), which may be examined, and/
or copied for a fee, at the NRC's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville, MD,
and accessible electronically through the ADAMS Public Electronic
Reading Room link at the NRC Web site: http://www.nrc.gov.
Dated at Rockville, Maryland, this 24th day of July 2009.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E9-18435 Filed 7-31-09; 8:45 am]
BILLING CODE 7590-01-P