[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2451-2453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00479]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-009; NRC-2013-0003]
Grand Gulf ESP Site; Consideration of Approval of Application
Regarding Proposed Creation of a Holding Company and Transfer of Early
Site Permit and Conforming Amendment and Opportunity for a Hearing
ACTION: Request for Early Site Permit transfer; opportunity to comment;
opportunity to request a hearing and petition for leave to intervene.
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DATES: Comments must be filed by February 11, 2013. A request for a
hearing must be filed by January 31, 2013.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and is publicly available, by
searching on http://www.regulations.gov under Docket ID NRC-2013-0003.
You may submit comments by any of the following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0003. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Alan Wang, Project Manager, Plant
Licensing Branch IV, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: 301-415-1445; fax number: 301-415-
2102; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0003 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and are publicly available, by any of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0003.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The application dated
September 27, 2012, is available electronically under ADAMS Accession
No. ML12275A013.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2013-0003 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in you
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Introduction
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 50.80 and 10 CFR
52.28 approving the direct transfer of Early Site Permit (ESP) ESP-002,
for the
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Grand Gulf ESP Site, currently held by System Energy Resources, Inc.
(SERI). The direct transfer of the Grand Gulf ESP would be to a new
limited liability company, System Energy Resource, LLC (SERL).
According to an application for approval filed by Entergy Operations,
Inc., on behalf of SERI, SERL would become the holder of the ESP
previously held by SERI following approval of the proposed ESP
transfer. The Commission is also considering amending the ESP for
administrative purposes to reflect the proposed direct transfer. The
proposed amendment would replace references to SERI in the ESP with
references to System Energy Resource, LLC, to reflect the proposed
transfer.
In addition, the Commission is also considering approving the
associated indirect ESP transfer to the extent such would be effected
by a formation of a new intermediary holding company. According to an
application for approval filed by Entergy Operations, Inc., on behalf
of SERI, Entergy Corporation will remain as the ultimate parent
company, but a new, intermediate company, Entergy Utilities Holdings,
LLC, a Delaware limited liability company, would be created, which
would be the direct parent company of SERL. SERL will hold the ESP.
Pursuant to 10 CFR 50.80 and 10 CFR 52.28, no ESP, or any right
thereunder, shall be transferred, directly or indirectly, through
transfer of control of the ESP, unless the Commission shall give its
consent in writing. The Commission will approve an application for the
direct transfer of an ESP, if the Commission determines that the
proposed transferee is qualified to hold the ESP, and that the transfer
is otherwise consistent with applicable provisions of law, regulations,
and orders issued by the Commission pursuant thereto. The Commission
will approve an application for the indirect transfer of an ESP, if the
Commission determines that the proposed establishment of a new holding
company will not affect the qualifications of the licensee to hold the
ESP, 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 ESP 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 ESP of a utilization facility
which does no more than conform the ESP to reflect the transfer action
involves no significant hazards consideration. No contrary
determination has been made with respect to this specific ESP 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.
III. Opportunity To Request a Hearing; Petition for Leave To Intervene
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC's E-filing system. 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 Title 10 of the Code of Federal Regulations
(10 CFR), Part 2. In particular, such requests and petitions must
comply with the requirements set forth in 10 CFR 2.309, which is
available at the NRC's PDR, located at O1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852. The NRC regulations are
accessible electronically from the NRC Library on the NRC's public Web
site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1) and (2). The petition
should state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
January 31, 2013. The petition must be filed in accordance with the
filing instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that under 2.309(h)(2) a State, local governmental
body, or Federally-recognized Indian tribe does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may also have the
opportunity to participate under 10 CFR 2.315(c).
Requests for hearing, petitions for leave to intervene, and motions
for leave to file new or amended contentions that are filed after the
20-day deadline will not be entertained absent a determination by the
presiding officer that the filing demonstrates good cause by satisfying
the following three factors in 10 CFR 2.309(c)(1): (i) The information
upon which the filing is based was not previously available; (ii) the
information upon which the filing is based is materially different from
information previously available; and (iii) the filing has been
submitted in a timely fashion based on the availability of the
subsequent information.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
IV. Electronic Submissions (E-Filing)
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the
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hearing in this proceeding if the Secretary has not already established
an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
public Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call to 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
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.
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 application, see the
application dated September 27, 2012.
Dated at Rockville, Maryland, this 2nd day of January 2013.
For the Nuclear Regulatory Commission.
Alan B. Wang,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-00479 Filed 1-10-13; 8:45 am]
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