[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29158-29159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11833]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0096; Docket Nos. 50-295 and 50-304; License Nos. DPR-39 and
DPR-48]
In the Matter of Zion Solutions, LLC; Zion Nuclear Power Station,
Units 1 and 2; Order Approving Indirect Transfer of Control of Facility
Operating Licenses
I.
ZionSolutions, LLC (ZS) is the licensee and owner of the Zion
Nuclear Power Station, Units 1 and 2 (ZNPS) in Zion, Illinois.
II.
By letter dated January 10, 2013, ZS submitted an application
requesting that the U.S. Nuclear Regulatory Commission (NRC) consent to
the indirect transfer of control of Facility Operating License Nos.
DPR-39 and DPR-48 for the Zion Nuclear Power Station, Units 1 and 2
held by ZS, including the General License for the Zion Independent
Spent Fuel Storage Installation (ISFSI).
The transfer will occur as a result of a proposed transaction
whereby the current ultimate parent holding company of ZS,
EnergySolutions, Inc. (ES, Inc.), would be directly acquired by
Rockwell Holdco, Inc. (Rockwell), a Delaware corporation that was
formed for the purpose of acquiring ES, Inc. and is held by certain
investment fund entities organized by controlled affiliates of Energy
Capital Partners II, LLC (ECP II). No physical changes to the ZNPS are
being proposed.
Approval of the indirect transfer of the licenses was requested
pursuant to Section 184 of the Atomic Energy Act of 1954, as amended
(AEA) (42 U.S.C. 2234) and Section 50.80 of Title 10 of the Code of
Federal Regulations (10 CFR). A notice of the request for approval and
opportunity for a hearing or to submit written comments was published
in the Federal Register on February 20, 2013 (78 FR 11904). No requests
for a hearing were received in response to this notice. Two comments
were received in response to this notice.
Pursuant to Section 184 of the AEA, no license granted under the
AEA, and pursuant to 10 CFR 50.80, no license granted under 10 CFR Part
50, shall be transferred, assigned, or in any manner disposed of,
directly or indirectly, through transfer of control of any license to
any person unless the Commission, finds that the proposed transferee is
qualified to be the holder of the license and that the transfer is in
accordance with the provisions of law, regulations, and orders issued
by the Commission, and gives its consent in writing.
Upon review of the information received from ZS, and other
information before the Commission, and relying upon the representations
and agreements contained in the Transfer Application, the NRC staff
finds that: (1) the qualifications of ZS regarding the proposed
indirect transfer of control of ZNPS are not changed, and (2) the
proposed indirect transfer of the licenses due to the purchase of the
current ultimate parent holding company of ZS, EnergySolutions, Inc.,
which would be directly acquired by Rockwell Holdco, Inc. is otherwise
consistent with applicable provisions of laws, regulations and orders
issued by the Commission pursuant thereto.
The findings set forth above are supported by a Safety Evaluation
(SE) dated May 8, 2013.
The commenters opined that the transfer would disadvantage
financial stakeholders. As stated in the supporting SE., the staff
reviewed the proposed transfer and found no financial issues with the
proposal. In addition, the proposed transfer in no way affects the
current financial reporting requirements or the NRC annual review of
those reports. Based on the review the staff finds no
[[Page 29159]]
disadvantage to financial stakeholder by the proposed transfer.
III.
Accordingly, pursuant to Section 184 of the AEA Act of 1954, as
amended and Section 50.80 of 10 CFR, it is hereby ordered that the
indirect transfer of control of ZNPS, as described herein, is approved.
It is further ordered that after receipt of all required regulatory
approvals of the proposed indirect transfer, ZS shall inform the
Director of the Office of Federal and State Materials and Environmental
Management Programs, in writing, of such receipt no later than one (1)
business day prior to the closing of the proposed indirect transfer.
Should the proposed indirect transfer not be completed within 60 days
from the date of issuance of this Order, the Order shall become null
and void; however, on written application and for good cause shown,
such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the application
dated January 10, 2013 (which can be found at Agencywide Documents
Access and Management System [ADAMS] Accession Number ML13014A007).
Publicly-Available records will be accessible electronically from the
ADAMS Public Electronic Reading Room on the Internet at the NRC 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 documents
located in ADAMS should contact the NRC PDR Reference staff by
telephone at 1-800-397-4209, or 301-415-4737 or by email to
[email protected].
Dated at Rockville, Maryland, this 8th day of May 2013.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Director, Office of Federal and State Materials, and Environmental
Management Programs.
[FR Doc. 2013-11833 Filed 5-16-13; 8:45 am]
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