[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Pages 25448-25450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09984]



[Docket No. 50-440; License No. NPF-58; NRC-2015-0212]

In the Matter of FirstEnergy Nuclear Operating Company, 
FirstEnergy Nuclear Generation, LLC, and Ohio Edison Company; Perry 
Nuclear Power Plant, Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the direct transfer of the leased interests in Facility 
Operating License NPF-58 for Perry Nuclear Power Plant, Unit 1, from 
the current holder, Ohio Edison Company (OE), to FirstEnergy Nuclear 
Generation, LLC (FENGen). As a result of the transaction, FENGen will 
become the sole owner of the Perry Nuclear Power Plant, Unit 1. The NRC 
is also issuing a conforming amendment to the facility operating 
license for administrative purposes to reflect the proposed license 
transfer. No physical changes to the facility or operational changes 
were proposed in the application. The Order is effective upon issuance.

DATES: The Order was issued on April 15, 2016, and is effective for one 

ADDRESSES: Please refer to Docket ID NRC-2015-0212 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0212. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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 this 
     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.

FOR FURTHER INFORMATION CONTACT: Kimberly Green, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1627; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 20th of April 2016.

[[Page 25449]]

    For the Nuclear Regulatory Commission.
Kimberly J. Green,
Senior Project Manager, Plant Licensing Branch III-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Order Approving Direct Transfer of License and Approving 
Conforming Amendment



In the Matter of: FirstEnergy Nuclear Operating Company; FirstEnergy 
Nuclear Generation, LLC; Ohio Edison Company; Perry Nuclear Power 
Plant, Unit 1, Docket No. 50-440, License No. NPF-58.

Order Approving Direct Transfer of License and Approving Conforming 


    FirstEnergy Nuclear Operating Company (FENOC), FirstEnergy Nuclear 
Generation, LLC (FENGen), and the Ohio Edison Company (OE) are the 
licensees of Perry Nuclear Power Plant, Unit 1 (PNPP). FENOC acts as 
agent for itself and the other licensees and has exclusive 
responsibility for and control over the physical construction, 
operation, and maintenance of PNPP, Unit 1, as reflected in Facility 
Operating License NPF-58. The facility is located on the shore of Lake 
Erie in Lake County, Ohio.


    By application dated June 30, 2015 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML15181A366), as supplemented 
by letter dated January 18, 2016 (ADAMS Accession No. ML16018A003), 
FENOC, acting as agent for and on behalf of FENGen and OE, pursuant to 
Title 10 of the Code of Federal Regulations (10 CFR), 50.80, ``Transfer 
of licenses,'' requested that the U.S. Nuclear Regulatory Commission 
(NRC) consent to the direct transfer of leased interests in Facility 
Operating License No. NPF-58 from OE to FENGen. The application is in 
connection with the expiration of OE's lease of 12.58-percent interest 
in PNPP, which expires at midnight on May 30, 2016, and the related 
transfer of the leased interests to FENGen.
    Supplemental information was provided by letter dated January 18, 
2016 (hereinafter, the June 30, 2015, application and the January 18, 
2016, supplemental information will be referred to collectively as the 
``application''). FENOC also requested approval of a conforming license 
amendment that would delete references to OE in the license to reflect 
the transfer of the leased interest. No physical changes to the 
facilities or operational changes were proposed in the application. 
After completion of the proposed transfer, FENGen and FENOC will be the 
owner and operator, respectively, of the facility.
    Approval of the transfer of the facility operating license and 
conforming license amendment was requested by the applicant pursuant to 
10 CFR 50.80 and 10 CFR 50.90, ``Application for amendment of license, 
construction permit, or early site permit.'' A notice entitled, 
``Consideration of Approval of Transfer of License and Conforming 
Amendment,'' was published in the Federal Register on September 16, 
2015 (80 FR 55656), as corrected on September 29, 2015 (80 FR 58508). 
No comments or hearing requests were received.
    Under 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 NRC shall give its consent in writing. Upon review 
of the information in the licensee's application, and other information 
before the Commission, the NRC staff has determined that FENGen is 
qualified to hold the ownership interests in the facility previously 
held by OE, and FENOC is qualified to hold the operating authority 
under the license, and that the transfer of ownership interests in the 
facility to FENGen, as described in the application, is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the NRC, pursuant thereto, subject to the condition set forth 
below. The NRC staff has further found that the application for the 
proposed license amendment complies with the standards and requirements 
of the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's rules and regulations set forth in 10 CFR Chapter I; the 
facility will operate in conformity with the application, the 
provisions of the Act, and the rules and regulations of the Commission; 
there is reasonable assurance that the activities authorized by the 
proposed license amendment can be conducted without endangering the 
health and safety of the public and that such activities will be 
conducted in compliance with the Commission's regulations; the issuance 
of the proposed license amendment will not be inimical to the common 
defense and security or to the health and safety of the public; and the 
issuance of the proposed amendment will be in accordance with 10 CFR 
part 51 of the Commission's regulations and all applicable requirements 
have been satisfied. The findings set forth above are supported by an 
NRC safety evaluation dated April 15, 2016.


    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Act; 42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 
50.80, it is hereby ordered that the application regarding the proposed 
direct transfer of the license is approved, subject to the following 
    FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear 
Generation, LLC, shall provide satisfactory documentary evidence to the 
Director of the Office of Nuclear Reactor Regulation, that as of the 
date of license transfer, the licensees reflected in the amended 
license have obtained the appropriate amount of insurance required by 
10 CFR part 140 and 10 CFR 50.54(w).
    It is further ordered that, consistent with 10 CFR 2.1315(b), the 
license amendment that makes changes, as indicated in Enclosure 3 to 
the cover letter forwarding this order, to reflect the subject direct 
license transfer is approved. The amendment shall be issued and made 
effective at the time the proposed direct license transfer action is 
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed direct transfer action, FENOC shall inform 
the Director of the Office of Nuclear Reactor Regulation in writing of 
such receipt no later than 1 business day prior to the date of the 
closing of the direct transfer. Should the proposed transfer of the 
license not be completed within 1 year of this order's date of issue, 
this order shall become null and void, provided, however, upon written 
application and 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 initial 
application dated June 30, 2015, as supplemented by letter dated 
January 18, 2016, and the safety evaluation dated the same date as this 
order (ADAMS Accession No. ML16078A092), which are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike, Room O-1 F21 (first 
floor), Rockville, Maryland. Publicly available documents created or 
received at the NRC are accessible electronically through ADAMS in the 
NRC Library at

[[Page 25450]]

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, 301-415-4737, or by email at 
[email protected].

    Dated at Rockville, Maryland this 15th day of April 2016.

    For The Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2016-09984 Filed 4-27-16; 8:45 am]