[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11904-11907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03859]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304; NRC-2013-0034]


Zion Nuclear Power Station, Units 1 and 2; ZionSolutions, LLC; 
Consideration of Indirect Transfer

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for license transfer; opportunity to comment; 
opportunity to request a hearing and petition for leave to intervene; 
order.

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DATES: Comments must be filed by March 22, 2013. A request for a 
hearing must be filed by March 12, 2013.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publicly available, 
by searching on http://www.regulations.gov under Docket ID NRC-2013-
0034. You may submit comments by any of the following methods (unless 
this document describes a different method for submitting comments on a 
specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0034. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; email 
[email protected].
     Mail comments to: 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.

[[Page 11905]]


FOR FURTHER INFORMATION CONTACT: John B. Hickman, Project Manager, 
Office of Federal and State Materials and Environmental Management 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3017; or email at: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0034 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-2013-0034.
     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 ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The application dated January 10, 2013, is under ADAMS 
Accession No. ML13014A007.
     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-2013-0034 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 your 
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. Further Information

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of an Order under section 50.80 of Title 10 of the Code of 
Federal Regulations (10 CFR), approving the indirect transfer of 
Facility Operating License Nos. DPR-39 and DPR-48 for Zion Nuclear 
Power Station Units 1 and 2 (Zion), including the General License for 
the Zion Independent Spent Fuel Storage Installation (``Zion ISFSI''), 
currently held by ZionSolutions, LLC (ZS).

III. Introduction

    By Order dated May 4, 2009, the NRC approved the transfer of 
control of Zion from Exelon Generation Company, LLC (``Exelon'') to ZS, 
and on September 1, 2010, the NRC issued license amendments to reflect 
the transfer of the Zion licenses from Exelon to ZS on that date. The 
decommissioning of Zion is actively underway, and pursuant to 10 CFR 
50.82(a)(2), the operation of the Zion Units is no longer authorized 
under the 10 CFR Part 50 licenses.
    ZS, a wholly owned subsidiary of EnergySolutions LLC (ES), was 
established solely for the purpose of acquiring the Zion Units and 
causing the Zion site (except for the Zion ISFSI where the spent fuel 
and Greater than Class C radioactive waste will be stored) to be 
decommissioned and released for unrestricted use, while maintaining the 
spent nuclear fuel and Greater than Class C radioactive waste safely 
stored in the ZNPS ISFSI. ES LLC and ES guaranteed the performance of 
ZS's decommissioning obligations and obtained a $200 million letter of 
credit, payable to a back-up nuclear decommissioning trust (``Back-Up 
NDT''). In addition, ES LLC has granted an irrevocable easement to 
disposal capacity at its Clive, Utah facility for the disposal of Class 
A low level waste from the Zion site, and this disposal capacity asset, 
together with related contractual rights, are held by the Back-Up NDT.
    According to an application for approval dated January 10, 2013 
(ADAMS Accession No. ML13014A007), ZS is requesting that the NRC 
consent to the indirect transfer of control of Facility Operating 
License Nos. DPR-39 and DPR-48 for Zion held by ZS, including the 
General License for the Zion ISFSI, to the extent required. The 
indirect transfer of control would result from a proposed transaction 
whereby the ultimate parent holding company of ZS, ES, would be 
acquired by Rockwell Holdco, Inc., a Delaware corporation that was 
formed for the purpose of acquiring ES and is held by certain 
investment fund entities organized by controlled affiliates of Energy 
Capital Partners II, LLC.
    While the proposed transaction will result in an indirect transfer 
of control of ZS and the Zion Licenses held by ZS, no changes to the 
current technical qualifications, financial assurances, or operations, 
of ZS as the NRC's licensee for Zion are being proposed in the 
application. Further, the closing of the transaction and the indirect 
upstream change of control resulting therefrom will not result in any 
change in personnel responsible for conducting licensed activities.
    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 indirect 
transfer of a license, if the Commission determines that the indirect 
transfer will not affect the qualifications of the licensee 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 order, the Commission will have 
made findings required by the Atomic Energy Act of 1954, as amended 
(The Act), and the Commission's regulations.
    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

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to 
intervene, requirements for standing, and contentions.'' Interested 
persons should consult 10 CFR 2.309, which is available at the NRC's 
PDR, located at O1-F21,

[[Page 11906]]

One White Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or 
call the PDR at 800-397-4209 or 301-415-4737). The NRC's regulations 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    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 and who wishes to participate as a party in the 
proceeding must file a written request for hearing and petition for 
leave to intervene via electronic submission through the NRC's E-Filing 
system. As required by the Commission's rules of practice at 10 CFR 
2.309, a petition for leave to intervene shall set forth with 
particularity the interest of the petitioner in the proceeding and how 
that interest may be affected by the results of the proceeding. The 
petition must provide the name, address, and telephone number of the 
petitioner and specifically explain the reasons why intervention should 
be permitted with particular reference to the following factors: (1) 
The nature of the petitioner's right under the Act to be made a party 
to the proceeding; (2) the nature and extent of the petitioner's 
property, financial, or other interest in the proceeding; and (3) the 
possible effect of any order that may be entered in the proceeding on 
the petitioner's interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide a specific 
statement of the issue of law or fact to be raised or controverted, as 
well as a brief explanation of the basis for the contention. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of the 
transfer of control of the license in response to the application. The 
petition must also include a concise statement of the alleged facts or 
expert opinions which support the position of the petitioner and on 
which the petitioner intends to rely at hearing, together with 
references to the specific sources and documents on which the 
petitioner intends to rely. Finally, the petition must provide 
sufficient information to show that a genuine dispute exists with the 
applicant on a material issue of law or fact, including references to 
specific portions of the application for amendment that the petitioner 
disputes and the supporting reasons for each dispute, or, if the 
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the identification 
of each failure and the supporting reasons for the petitioner's belief. 
Each contention must be one that, if proven, would entitle the 
petitioner to relief.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with the NRC regulations, policies, and procedures. The 
Licensing Board will set the time and place for any pre-hearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    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.
    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 March 
12, 2013. The petition must be filed in accordance with the filing 
instructions in section III 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).
    If a hearing is granted, any person who does not wish to become a 
party to the proceeding may, in the discretion of the presiding 
officer, be permitted to make a limited appearance under 10 CFR 
2.315(a), by making an oral or written statement of his or her position 
on the issues at any session of the hearing or at any pre-hearing 
conference, within the limits and conditions fixed by the presiding 
officer. However, that person may not otherwise participate in the 
proceeding.

IV. Electronic Submissions (E-Filing)

    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 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.
    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 (1) request 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 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-

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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 
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 the 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 the 
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.
    Attorney for applicant: John E. Matthews, Morgan, Lewis & Bockius 
LLP, 1111 Pennsylvania Avenue NW., Washington, DC 20004, 202.739.5524, 
[email protected].

    Dated at Rockville, Maryland this 11th day of February 2013.
    For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2013-03859 Filed 2-19-13; 8:45 am]
BILLING CODE 7590-01-P