[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13018-13019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04537]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2016-0195]


In the Matter of Entergy Nuclear FitzPatrick, LLC, Entergy 
Nuclear Operations, Inc., and Exelon Generation Company, LLC; James A. 
FitzPatrick Nuclear Power Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct transfer of license; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the transfer of the James A. FitzPatrick Nuclear Power 
Plant Renewed Facility Operating License No. DPR-59, and the transfer 
of the generally licensed FitzPatrick Independent Spent Fuel Storage 
Installation from Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear 
Operations, Inc. to Exelon Generation Company, LLC.

DATES: The Order was issued on March 1, 2017, and is effective for one 
year.

ADDRESSES: Please refer to Docket ID NRC-2016-0195 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-2016-0195. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; e-mail: [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 e-mail to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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 L. Render, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3629; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 1st day of March 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 Direct Transfer of License and Approving 
Conforming Amendment

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

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2016-0195]

In the Matter of Entergy Nuclear FitzPatrick, LLC, Entergy Nuclear 
Operations, Inc., and Exelon Generation Company, LLC; James A. 
FitzPatrick Nuclear Power Plant

ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING 
AMENDMENT

I.

    Entergy Nuclear FitzPatrick, LLC (ENF) and Entergy Nuclear 
Operations, Inc. (ENO) (collectively, Entergy) are the owner and 
operator, respectively, of the James A. FitzPatrick Nuclear Power Plant 
(FitzPatrick) and are the co-holders of Renewed Facility Operating 
License No. DPR-59 and the general license for the FitzPatrick 
Independent Spent Fuel Storage Installation (ISFSI). FitzPatrick is a 
General Electric boiling-water reactor located in Oswego County, New 
York.

II.

    By application dated August 18, 2016, as supplemented by letter 
dated November 29, 2016, Entergy and Exelon Generation Company, LLC 
(Exelon) jointly requested, pursuant to Title 10 of the Code of Federal 
Regulations (10 CFR), section 50.80 (10 CFR 50.80), that the U.S. 
Nuclear Regulatory Commission (NRC) consent to the direct transfer of 
the FitzPatrick renewed facility operating license and the FitzPatrick 
ISFSI general license from Entergy to Exelon. Future references to 
FitzPatrick include the general license for the FitzPatrick ISFSI.
    In response to the request by Entergy and Exelon for consent to the 
direct transfer of the FitzPatrick renewed facility operating license 
and the FitzPatrick ISFSI general license, the NRC published a notice 
entitled, ``James A. FitzPatrick Nuclear Power Plant; Consideration of 
Approval of Transfer of License and Conforming Amendment,''

[[Page 13019]]

in the Federal Register on September 15, 2016 (81 FR 63500). The NRC 
received 22 comments and no hearing requests. All comments were in 
support of the proposed action.
    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 application, and other information before the 
NRC, and relying upon the representations and agreements contained in 
the application, the NRC staff has determined that Exelon is qualified 
to hold the FitzPatrick renewed facility operating license and the 
FitzPatrick ISFSI general license. The NRC staff has also determined 
that the transfer of these licenses is otherwise consistent with the 
applicable provisions of law, regulations, and orders issued by the 
NRC, pursuant thereto, subject to the condition set forth below.
    Upon review of the application for a conforming license amendment 
to reflect this transfer, the NRC staff has determined that the 
application for the conforming 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 this 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 this amendment will not be inimical to the common defense and 
security or to the health and safety of the public; and the issuance of 
this amendment will be in accordance with 10 CFR part 51 of the 
Commission's regulations and all applicable requirements will have been 
satisfied.
    The findings set forth above are supported by an NRC safety 
evaluation dated March 1, 2017, and available under Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML17041A196.

III.

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended (the Act), 42 USC Sec. Sec.  2201(b), 
2201(i), and 2234; and 10 CFR 50.80, it is hereby ordered that the 
application regarding the proposed direct license transfer is approved, 
subject to the following condition:

Prior to the completion of the license transfer, Exelon Generation 
Company, LLC shall provide satisfactory documentary evidence to the 
Director of the Office of Nuclear Reactor Regulation that it has 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR part 140 and 10 CFR part 50.

    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, after receipt of all required 
regulatory approvals of the proposed direct license transfer, Exelon 
shall inform the Director of the Office of Nuclear Reactor Regulation 
in writing of such receipt, and of the date of closing of the transfer, 
no later than 2 business days prior to the date of the closing of the 
direct license transfer. Should the proposed direct license transfer 
not be completed within 1 year of this Order's date of issuance, this 
Order shall become null and void, provided, however, 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 application 
dated August 18, 2016 (ADAMS Accession No. ML16235A081), as 
supplemented by letter dated November 29, 2016 (ADAMS Accession No. 
ML16335A104), and the NRC's nonproprietary Safety Evaluation dated 
March 1, 2017 (ADAMS Accession No. ML17041A196), which are available 
for public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
documents created or received at the NRC are 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, Maryland, this 1st day of March 2017.

    For the Nuclear Regulatory Commission.

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2017-04537 Filed 3-7-17; 8:45 am]
 BILLING CODE 7590-01-P