[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Pages 35383-35385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13013]



[Docket Nos. 50-409 and 72-046; NRC-2015-0279]

In the Matter of LaCrosse Solutions, LLC; Dairyland Power 
Cooperative, La Crosse Boiling Water Reactor

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 Possession Only License No. DPR-
45 for the La Crosse Boiling Water Reactor (LACBWR) from the current 
holder, Dairyland Power Cooperative (DPC), to LaCrosseSolutions, LLC 
(LS) a wholly-owned subsidiary of EnergySolutions, LLC (ES). The NRC is 
also amending the facility operating license for administrative 
purposes to reflect the license transfer from DPC to LS. The NRC 
confirmed that LS met the regulatory, legal, technical, and financial 
obligations necessary to qualify them as a transferee, and determined 
that the transferee is qualified to be the holder of the license; and 
the transfer of the license is otherwise consistent with the applicable 
provisions of law, regulations, and orders issued by the Commission. 
The order approving the transfer of the LACBWR license to ES became 
effective on May 20, 2016.

DATES: The Order was issued on May 20, 2016, and is effective for one 

ADDRESSES: Please refer to Docket ID NRC-2015-0279 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-2015-0279. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; or via 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 via email to: [email protected]. 
The license transfer Order, the NRC safety evaluation supporting the 
staff's findings, and the conforming license amendment are available in 
ADAMS under Accession Nos. ML16123A073, ML16123A074, and ML16123A057, 
     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: Marlayna G. 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: The text of the Order is attached.

    Dated at Rockville, Maryland, this 26th day of May 2016.

[[Page 35384]]

    For the U.S. Nuclear Regulatory Commission.
Andrea L. Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.

Attachment--Order Approving the Transfer of License and Conforming 

United States of America

In the Matter of Dairyland Power Cooperative; La Crosse Boiling Water 
Reactor Docket Nos. 50-409 and 72-046
License No. DPR-45 Order Approving the Transfer of License and 
Conforming Amendment


    Dairyland Power Cooperative (DPC) is the holder of Possession Only 
License No. DPR-45, which authorizes the possession and maintenance of 
the La Crosse Boiling Water Reactor (LACBWR). LACBWR permanently ceased 
operations on April 30, 1987, and reactor defueling was completed on 
June 11, 1987. In a letter dated August 4, 1987, the U.S. Nuclear 
Regulatory Commission (NRC) terminated DPC's authority to operate 
LACBWR under Provisional Operating License No. DPR-45, and a possess 
but not operate status was granted. By letter dated August 18, 1988, 
the NRC amended DPC's Provisional Operating License No. DPR-45 to 
Possession Only License No. DPR-45 to reflect the permanently defueled 
configuration at LACBWR. The NRC issued an Order to authorize 
decommissioning of LACBWR and approve the proposed Decommissioning Plan 
on August 7, 1991. Therefore, pursuant to the provisions of Section 
50.82(a)(1)(iii) and Section 50.82(a)(2) of Title 10 of the Code of 
Federal Regulations (10 CFR), operations at LACBWR are no longer 
authorized under the 10 CFR part 50 license, and DPC is licensed to 
possess, but not use or operate, LACBWR under Possession Only License 
No. DPR-45, subject to the conditions specified therein. The facility 
is located on the east bank of the Mississippi River in Vernon County, 


    By letter dated October 8, 2015 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML15307A310), as supplemented 
by letter dated December 15, 2015 (ADAMS Accession No. ML16004A147), 
DPC submitted an application, pursuant to Section 184 of the Atomic 
Energy Act of 1954, as amended (AEA), and 10 CFR 50.80, ``Transfer of 
Licenses,'' requesting NRC approval for the direct transfer of DPC's 
Possession Only License No. DPR-45 for LACBWR to LaCrosseSolutions, LLC 
    DPC intends to transfer its licensed possession, maintenance, and 
decommissioning authorities to LS in order to implement expedited 
decommissioning at LACBWR. DPC will remain the licensed owner of LACBWR 
and hold title to and ownership of the real estate and lease hold 
interests, title to and ownership of the spent nuclear fuel, and title 
to and ownership of all improvements at the LACBWR site. LS will lease 
the above-ground LACBWR structures (other than the LACBWR independent 
spent fuel storage installation (ISFSI)) and will assume responsibility 
for all licensed activities at LACBWR, including responsibilities for 
decommissioning. LS will assume responsibility for the maintenance and 
security of the ISFSI site, while DPC will provide for operation, 
maintenance, and security of the ISFSI site under a Company Services 
Agreement with LS. DPC will retain financial responsibility for 
operation, maintenance, and security of the ISFSI and other related 
costs. LS was expressly created for the purpose of decommissioning 
LACBWR and releasing the site for unrestricted use, except for the 
ISFSI. After the transfer, LS will complete the decommissioning of the 
LACBWR facility.
    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 will transfer 
responsibility for the LACBWR license back to DPC. Thereafter, DPC will 
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 application also requested approval of a conforming amendment 
to the license pursuant to 10 CFR 50.80 and 10 CFR 50.90. No physical 
or operational changes to the facility were requested beyond those 
encompassed in the LACBWR Post Shutdown Decommissioning Activities 
    Notice of the application was published in the Federal Register 
(FR) on March 18, 2016 (81 FR 14898). The December 15, 2015, letter 
contained clarifying information, did not expand the application beyond 
the scope of the original notice, and did not affect the applicability 
of the NRC's generic no significant hazards consideration 
determination. No requests for hearing or comments were received.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, either voluntarily or involuntarily, directly or 
indirectly, through transfer of control of the license to any person, 
unless the Commission gives its consent in writing. Upon review of the 
information in the application and other information before the 
Commission, and relying upon the representations and agreements 
contained in the application, the NRC staff has determined that LS is 
qualified to be the holder of the license, and that the transfer of the 
license to LS, as described in the application, is otherwise consistent 
with applicable provisions of law, regulations, and orders issued by 
the Commission pursuant thereto, subject to the condition set forth 
    Upon review of the application for a conforming amendment to the 
LACBWR license to reflect the transfer to LS, the NRC staff determined 
the following:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) The issuance of the proposed license amendment is 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 May 20, 2016, which is available at ADAMS Accession 
No. ML16123A074.

[[Page 35385]]


    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act, 
42 U.S.C. Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, it is 
hereby ordered that the transfer of the license, as described herein, 
to LS is approved, subject to the following condition:

    Prior to the closing of the license transfer from DPC to LS, LS 
shall provide the Directors of NRC's Office of Nuclear Material 
Safety and Safeguards (NMSS) and Office of Nuclear Reactor 
Regulation (NRR) satisfactory documentary evidence that it has 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR 140.12 and 10 CFR 50.54(w) of the Commission's 
regulations, consistent with the exemptions issued to LACBWR on June 
26, 1986.

    It is further ordered that, consistent with 10 CFR 2.1315(b), the 
license amendment that makes changes, as indicated in Enclosure 2 to 
the cover letter forwarding this Order, to conform the license 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 is completed.
    It is further ordered that LS shall inform the Directors of NMSS 
and NRR in writing of the date of closing of the transfer of the DPC 
interests in LACBWR, at least 1 business day prior to closing. Should 
the transfer of the license not be completed within 1 year of this 
Order's date of issuance, this Order shall become null and void; 
provided, however, that upon 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 initial 
application dated October 8, 2015, as supplemented by letter dated 
December 15, 2015, and the associated NRC safety evaluation dated May 
20, 2016, which are available for public inspection at the Commission's 
Public Document Room (PDR), located at One White Flint North, Public 
File Area 01-F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available documents are accessible electronically 
through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who encounter problems with ADAMS should contact 
the NRC's 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 20th day of May 2016.

    For the Nuclear Regulatory Commission.
Scott Moore,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-13013 Filed 6-1-16; 8:45 am]