[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9077-9079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02214]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-286 and 50-333; License Nos. DPR-64 and DPR-59; NRC-
2017-0015]
In the Matter of Entergy Nuclear Operations, Inc., Entergy
Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No.
3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear
Power Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving the transfer of the Master Decommissioning Trust for
Indian Point Nuclear Generating Unit No. 3 and James A FitzPatrick
Nuclear Power
[[Page 9078]]
Plant from the Power Authority of the State of New York to Entergy
Nuclear Operations, Inc., amendments to the Master Decommissioning
Trust Agreement dated July 25, 1990, as amended, governing the Master
Trust to facilitate the transfer, and license amendments to the
operating licenses of Indian Point and FitzPatrick to modify the
existing trust-related license conditions to reflect the proposed
transfer of the Master Trust and to delete other license conditions in
order to apply the requirements of 10 CFR 50.75(h)(1).
DATES: The Order was issued on January 27, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0015 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-2017-0015. 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
document.
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: Dr. Diane Render, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3629; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 27th day of January 2017.
For the Nuclear Regulatory Commission.
Diane L. Render,
Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--ORDER APPROVING TRANSFER OF CONTROL OF MASTER
DECOMMISSIONING TRUST, AMENDMENTS TO MASTER DECOMMISSIONING TRUST
AGREEMENT, AND LICENSE AMENDMENTS TO MODIFY AND DELETE DECOMMISSIONING
TRUST LICENSE CONDITIONS
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-286 and 50-333; License Nos. DPR-64 and DPR-59; NRC-
2017-0015] In the Matter of Entergy Nuclear Operations, Inc., Entergy
Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Unit No.
3; and Entergy Nuclear FitzPatrick, LLC; James A. FitzPatrick Nuclear
Power Plant
ORDER APPROVING TRANSFER OF CONTROL OF MASTER DECOMMISSIONING TRUST,
AMENDMENTS TO MASTER DECOMMISSIONING TRUST AGREEMENT, AND LICENSE
AMENDMENTS TO MODIFY AND DELETE DECOMMISSIONING TRUST LICENSE
CONDITIONS
I
Entergy Nuclear Indian Point 3, LLC (ENIP3) and Entergy Nuclear
Operations, Inc. (ENO) are the owner and operator, respectively, of
Facility Operating License No. DPR-64 for Indian Point Nuclear
Generating Unit No. 3 (Indian Point Unit 3 or IP3). IP3 is a
Westinghouse pressurized-water reactor located in Westchester
County, New York. Entergy Nuclear FitzPatrick, LLC (ENF) and ENO are
the owner and operator, respectively, of Renewed Facility Operating
License No. DPR-59 for the James A. FitzPatrick Nuclear Power Plant
(FitzPatrick). FitzPatrick is a General Electric boiling-water
reactor located in Oswego County, New York.
II
By the application dated August 16, 2016 (Agencywide Documents
Access and Management System (ADAMS) Accession No. ML16230A308), ENO
requested, on behalf of itself, ENIP3, ENF, and the Power Authority
of the State of New York (PASNY, which now does business as the New
York Power Authority), pursuant to Title 10 of the Code of Federal
Regulations (10 CFR) Section 50.90, ``Application for amendment of
license, construction permit, or early site permit,'' that the U.S.
Nuclear Regulatory Commission (NRC or the Commission) issue an Order
consenting to (1) the transfer to ENO of the beneficial interest in
the Master Decommissioning Trust (Master Trust), including all
rights and obligations thereunder, held by PASNY for IP3 and
FitzPatrick; (2) amendments to the Master Decommissioning Trust
Agreement dated July 25, 1990 (ADAMS Accession No. ML100500726), as
amended (Master Trust Agreement), governing the Master Trust in
order to facilitate the transfer of control of the Master Trust; (3)
amendments to the operating licenses for IP3 and FitzPatrick in
order to modify the existing trust-related license conditions to
reflect the proposed transfer of control of the Master Trust; and
(4) amendments to delete certain existing trust-related license
conditions in order to apply to IP3 and FitzPatrick the generic
requirements of 10 CFR 50.75(h). The NRC's approval of this
application is a precondition to completing the pending application
submitted jointly by Exelon Generation Company, LLC (Exelon) and
ENO, dated August 18, 2016 (ADAMS Accession No. ML16235A081),
requesting that the NRC issue an Order and conforming amendment
consenting to the direct license transfer of Renewed Facility
Operating License No. DPR-59 for FitzPatrick from ENO to Exelon.
By Orders dated November 9, 2000 (ADAMS Accession Nos.
ML003767953 and ML003768011), the NRC consented to the direct
license transfers of IP3 and FitzPatrick from PASNY to their current
owners and operator. As described in these Orders, however, PASNY
remained the custodial holder of the decommissioning trust funds for
IP3 and FitzPatrick in the Master Trust, which includes the Indian
Point Unit 3 Decommissioning Trust Fund (IP3 Fund) and the
FitzPatrick Decommissioning Trust Fund (FitzPatrick Fund). The
Decommissioning Agreement for IP3 dated November 21, 2000, among
PASNY, Entergy Nuclear, Inc. (ENI), and ENIP3, and the
Decommissioning Agreement for FitzPatrick dated November 21, 2000,
among PASNY, ENI, and ENF (the Decommissioning Agreements),
contemplate the transfer of the decommissioning trust funds for IP3
and FitzPatrick to ENIP3 and ENF at the end of the initial terms of
the IP3 and FitzPatrick operating licenses, respectively.
ENO and PASNY propose a transaction that will facilitate the
transfer of control of the Master Trust to ENO, the current operator
of IP3 and FitzPatrick. In addition to paying PASNY consideration
for the acquisition of the Master Trust, the proposed transfer would
require that ENO assume PASNY's responsibilities and obligations
pursuant to the Decommissioning Agreements upon transfer of control
of the Master Trust to ENO from PASNY. An Order directing the
transfer of control of the Master Trust and consenting to the Master
Trust Agreement amendments is required, because the terms of the
Master Trust Agreement must be amended before the transfer. Under
the license conditions of the operating licenses for IP3 and
FitzPatrick, and the terms of the Master Trust Agreement itself, any
such amendment requires the prior written consent of the Director of
the Office of Nuclear Reactor Regulation. In addition, the existing
license conditions do not contemplate the transfer of control of the
Master Trust to ENO. Under the terms of Section 10.05 of the Master
Trust Agreement, as amended, the terms of the agreement may be
amended to comply with an Order issued by the NRC.
Thus, in accordance with these requirements, ENO, on behalf of
ENIP3, ENF, and PASNY, requests that the NRC issue an Order
directing the transfer of control of the Master Trust, consenting to
an amendment to the Master Trust Agreement authorizing the
[[Page 9079]]
transfer of control of the Master Trust to ENO, and approving
license amendments that modify and delete trust-related license
conditions in the IP3 and FitzPatrick operating licenses. A notice
of this application was published in the Federal Register on
September 27, 2016 (81 FR 66305). On November 1, 2016 (ADAMS
Accession No. ML16306A258), a request for a hearing on the
application was filed by Ms. Susan H. Shapiro, on behalf of Indian
Point Safe Energy Coalition, Hudson River Sloop Clearwater, Council
on Intelligent Energy & Conservation Policy, Sierra Club Hudson
Valley, Nuclear Information and Resource Service, Alliance for Green
Economy, and Radiation and Public Health Project. On December 13,
2016 (ADAMS Accession No. ML16348A495), an Atomic Safety and
Licensing Board denied the hearing request for failure to
demonstrate standing.
Based on its review of the information in the application, and
other information before the Commission, the NRC staff approves the
proposed transfer of control of the Master Trust to ENO, along with
the proposed amendments to the Master Trust Agreement, as amended.
In addition, the NRC staff finds that the application for the
proposed license amendments 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, ``Nuclear Regulatory Commission''; the facilities 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
amendments can be conducted without endangering the public health
and safety and that such activities will be conducted in compliance
with the Commission's regulations; the issuance of the amendments
will not be inimical to the common defense and security or to the
public health and safety; and the issuance of the amendments will be
in accordance with 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory
Functions,'' of the Commission's regulations and all applicable
requirements have been satisfied. The findings set forth above are
supported by a safety evaluation dated January 27, 2017.
III
Accordingly, pursuant to Section 161i(4) of the Atomic Energy
Act of 1954, as amended, and 10 CFR 50.75, It is hereby ordered that
the application to transfer control of the Master Trust for IP3 and
Fitzpatrick to ENO and the amendments to the Master Trust Agreement
are approved.
It is further ordered that the license amendments to the
operating licenses of IP3 and FitzPatrick that modify existing
trust-related license conditions to reflect the transfer of control
of the Master Trust to ENO and delete other existing trust-related
license conditions in order to apply the generic requirements of 10
CFR 50.75(h) to IP3 and FitzPatrick, are approved. The amendments
shall be issued and made effective at the time that the transfer of
control of the Master Trust is completed.
This Order is effective upon issuance.
For further details with respect to this Order, see the
application dated August 16, 2016, and the NRC staff safety
evaluation dated January 27, 2017 (ADAMS Accession No. ML16336A492),
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, MD.
Publicly available documents created or received at the NRC are also
accessible electronically through ADAMS in the NRC Library at 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, MD, this 27th day of January 2017.
For the Nuclear Regulatory Commission.
William M. Dean, Director,
Office of Nuclear Reactor Regulation.
[FR Doc. 2017-02214 Filed 2-1-17; 8:45 am]
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