[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Notices]
[Pages 14898-14901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05957]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-409; NRC-2015-0279]
La Crosse Boiling Water Reactor, Dairyland Power Cooperative,
Consideration of Approval of Transfer of License and Conforming
Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for direct transfer of facility operating license
and conforming amendment; opportunity to comment, request a hearing,
and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by the Dairyland Power
Cooperative (DPC) on October 8, 2015. The application seeks NRC
approval of the direct transfer of Facility Operating License No. DPR-
45 for the La Crosse Boiling Water Reactor (LACBWR), from the current
holder, DPC, to LaCrosseSolutions, LLC (LS) a wholly owned subsidiary
of EnergySolutions (ES). The NRC is also considering amending the
facility operating license for administrative purposes to reflect the
proposed transfer.
DATES: Comments must be filed by April 18, 2016. A request for a
hearing must be filed by April 7, 2016.
ADDRESSES: 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-2015-0279. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email [email protected]. For technical questions, contact
the individual in the FOR FURTHER INFORMATION CONTACT section of this
document.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
[[Page 14899]]
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Marlayna Vaaler, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3178, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0279 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0279.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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 (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMNTARY INFORMATION section.
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-2015-0279 in your comment submission.
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. Introduction
The NRC is considering the issuance of an Order under Sec. 50.80
of title 10 of the Code of Federal Regulations (10 CFR) approving the
direct transfer of control of Facility Operating License No. DPR-45 for
the LACBWR, currently held by DPC. The transfer would be to LS, a
wholly owned subsidiary of ES. The NRC is also considering amending the
facility operating license for administrative purposes to reflect the
proposed transfer. The application now being considered is dated
October 8, 2015, and was jointly filed by DPC and LS (ADAMS Accession
No. ML15307A310).
Following approval of the proposed direct transfer of control of
the license, DPC would retain ownership of the facility; however, DPC's
licensed possession of nuclear materials, other than the spent fuel,
maintenance, and decommissioning authorities would be transferred to LS
to complete decommissioning activities at the LACBWR site. LS would
lease the aboveground structures other than the independent spent fuel
installation (ISFSI) at the site from DCP. LS would be responsible for
decommissioning and maintenance of the LACBWR, while DCP will retain
authority for the operation of the ISFSI.
The application now being considered is dated October 8, 2015, and
was filed by DPC, LS, and ES. LS was established solely for the purpose
of decommissioning the LACBWR site and releasing all but the ISFSI site
for unrestricted use. After the transfer, LS would complete the
decommissioning of the LACBWR facility. The application for transfer
does not propose any physical or operational changes to the LACBWR
facility beyond those encompassed in the Post Shutdown Decommissioning
Activities Report.
Upon issuance of a license amendment providing for termination of
the facility operating license, except for the ISFSI site, and upon
receipt of a future NRC license transfer approval, LS would transfer
responsibility for the LACBWR license back to DPC. Thereafter, DPC
would maintain the ISFSI, and the ultimate disposition of the spent
nuclear fuel will be provided for under the terms of DPC's Standard
Contract for Disposal of Spent Nuclear Fuel and/or High Level Waste
with the U.S. Department of Energy. DPC will also continue to maintain
its nuclear decommissioning trust, a grantor trust in which funds are
segregated from its assets and outside its administrative control, in
accordance with the requirements of 10 CFR 50.75(e)(1).
The NRC's regulations at 10 CFR 50.80 state that 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 direct transfer of a license if the Commission determines that the
proposed transferee is qualified to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission.
Before making a decision on the transfer, the Commission will
evaluate the request against the requirements of 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 license of a utilization facility
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration. No contrary
determination has been made with respect to this specific license
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. An Environmental
Assessment will not be performed because, pursuant to 10 CFR
51.22(c)(21), license transfer approvals and the associated license
amendments are categorically excluded from the requirements to perform
an Environmental Assessment.
III. Opportunity To Comment
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
[[Page 14900]]
should be submitted as described in the ADDRESSES section of this
document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 20 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a request for a hearing or 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 should
specifically explain the reasons why intervention should be permitted
with particular reference to the following general requirements: (1)
The name, address, and telephone number of the requestor or petitioner;
(2) the nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (4) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The petition must also set forth the specific contentions
which the requestor/petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
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 NRC regulations, policies and procedures.
Petitions for leave to intervene must be filed no later than 20
days from the date of publication of this notice. 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 three factors in 10
CFR 2.309(c)(1)(i)-(iii).
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
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). 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 April
7, 2016. The petition must be filed in accordance with the filing
instructions in the ``Electronic Submissions (E-Filing)'' section of
this document, and should meet the requirements for petitions for leave
to intervene set forth in this section, except that under Sec.
2.309(h)(2) a State, local governmental body, or Federally-recognized
Indian Tribe, or agency thereof 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, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
April 7, 2016.
V. 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
[[Page 14901]]
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-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 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.
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.
For further details with respect to this application, see the
application dated October 8, 2015.
Dated at Rockville, Maryland, this 8th day of March 2016.
For the Nuclear Regulatory Commission.
Michael A. Norato,
Acting Director, Division of Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-05957 Filed 3-17-16; 8:45 am]
BILLING CODE 7590-01-P