[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23845-23849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10655]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271; NRC-2017-0125]


Vermont Yankee Nuclear Power Station; Entergy Nuclear Operations, 
Inc.; 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 Entergy Nuclear 
Operations, Inc. (ENO) on February 9, 2017. The application seeks NRC 
approval of the direct transfer of Renewed Facility Operating License 
No. DPR-28 for the Vermont Yankee Nuclear Power Station (VYNPS), as 
well as the general license for the VYNPS Independent Spent Fuel 
Storage Installation, from ENO, the current licensed operator of VYNPS, 
to NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC), a 
wholly-owned subsidiary of NorthStar Group Services, Inc. (NorthStar). 
The request is also for the indirect transfer of control of Entergy 
Nuclear Vermont Yankee, LLC (ENVY), the licensed owner of the VYNPS, 
from ENVY's Entergy parent companies to NorthStar Decommissioning 
Holdings, LLC and its parents NorthStar, LVI Parent Corp., and 
NorthStar Group Holdings, LLC. The NRC is also considering amending the 
facility operating license for administrative purposes to reflect the 
proposed transfer. The application contains sensitive unclassified non-
safeguards information (SUNSI).

DATES: Comments must be filed by June 23, 2017. A request for a hearing 
must be filed by June 13, 2017. Any potential party as defined in Sec.  
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SUNSI is necessary to respond to this notice must 
follow the instructions in Section VI of the SUPPLEMENTARY INFORMATION 
section of this notice.

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-2017-0125. 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,

[[Page 23846]]

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.
    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: Jack Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6634, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0125 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-2017-0125.
     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 
SUPPLEMENTARY 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-2017-0125 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 a request for approval of an application for 
transfer of a license, under 10 CFR 50.80 and 72.50, approving the 
direct transfer of control of Facility Operating License No. DPR-28, 
for the VYNPS, as well as the general license for the VYNPS Independent 
Spent Fuel Storage Installation (ISFSI), currently held by ENO, to 
NorthStar NDC. The request is also for the indirect transfer of control 
of ENVY from ENVY's Entergy parent companies to NorthStar 
Decommissioning Holdings, LLC, and its parents NorthStar, LVI Parent 
Corp. and NorthStar Group Holdings, LLC. The NRC is also considering 
the request for amending the facility operating license for 
administrative purposes to reflect the proposed transfer.
    The application now being considered is dated February 9, 2017 
(ADAMS Accession No. ML17045A140), and was jointly filed by ENO, ENVY 
and NorthStar NDC (together, applicants). The applicants requested that 
the NRC consent to the transfers of the licensed possession, 
maintenance, and decommissioning authorities by December 31, 2017, to 
implement expedited decommissioning of the VYNPS.
    Following approval of the proposed direct transfer of control of 
the license, NorthStar NDC would assume licensed responsibility for 
VYNPS through the direct transfer of ENO's responsibility for licensed 
activities at VYNPS to NorthStar NDC. NorthStar VY would also enter 
into an operating agreement with NorthStar NDC, which provides for 
NorthStar NDC to act as NorthStar VY's agent and for NorthStar VY to 
pay NorthStar NDC's costs of operation, including all decommissioning 
costs. If the proposed indirect transfer of control is approved, ENVY 
would change its name to NorthStar VY, but the same legal entity would 
continue to exist before and after the proposed transfer. NorthStar VY 
would own the VYNPS facility as well as its associated assets and real 
estate, including its nuclear decommissioning trust fund, title to 
spent nuclear fuel, and rights pursuant to the terms of its Standard 
Contract for Disposal of Spent Nuclear Fuel and/or High-Level 
Radioactive Waste with the U.S. Department of Energy. Certain off-site 
assets and real estate of ENVY are excluded, such as administrative 
offices, off-site training facilities, etc.
    Upon the proposed license transfer, NorthStar NDC would assume 
responsibility for compliance with the current licensing basis, 
including regulatory commitments that exist at closing, and would 
implement any changes under applicable regulatory requirements and 
practices.
    As discussed in ENVY's 2014 Post Shutdown Decommissioning 
Activities Report (2014 PSDAR, ADAMS Accession No. ML14357A110), under 
the December 23, 2013, settlement agreement with State of Vermont 
agencies (Attachment 2 to the 2014 PSDAR), ENVY committed to initiate 
radiological decommissioning when it had made a reasonable 
determination that it had sufficient funds to complete decommissioning 
and remaining spent fuel management obligations. Under the assumptions 
and circumstances described in the 2014 PSDAR, ENVY could commence 
radiological decommissioning under the agreement with the State of 
Vermont agencies in approximately 2053 and complete such activities in 
approximately 2060. However, ENVY's current decommissioning plans, as 
described in the 2014 PSDAR, assume that the completion of radiological 
decommissioning will be by the maximum allowed (under 10 CFR 50.82) 
date of 2073, with site restoration by 2075. In contrast, if the 
transfer to dry storage of the spent fuel proceeds as described in the 
ENO notification of schedule change for dry fuel loading dated April 
12, 2017 (ADAMS accession number ML17104A050), transfer of the 
remaining spent fuel in the spent fuel pool would commence in 2017 and 
be complete in late 2018. Upon the proposed license transfer date at 
the end of 2018, NorthStar NDC would become responsible for an ISFSI 
that contains all of the VY spent fuel. NorthStar NDC then would begin 
VYNPS decommissioning activities promptly and would plan to complete 
radiological decommissioning and restoration of the non-ISFSI portions 
of the VYNPS site by the end of 2030 (and potentially as early as 
2026). NorthStar VY and NorthStar NDC would then restore the site in

[[Page 23847]]

accordance with standards approved by the Vermont Public Service Board 
(PSB). Under Vermont state law, the PSB must also approve the 
transaction and issue an amended Certificate of Public Good. In 
parallel with NRC's review of the application, NorthStar NDC submitted 
an updated proposed PSDAR, dated April 6, 2017 (ADAMS Accession No. 
ML17096A394), to become effective after license transfer, which would 
reflect NorthStar NDC's plans for accelerated decommissioning following 
the proposed transfers of the license.
    Before making a decision on the transfer, and before issuance of 
the proposed conforming license amendment, 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. The NRC's 
regulations at Sec.  50.80 and Sec.  72.50 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.
    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 
or to the license of an Independent Spent Fuel Storage Installation 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration and no genuine 
issue as to whether the health and safety of the public will be 
significantly affected. 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. Public Meeting and 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 should be 
submitted as described in the ADDRESSES section of this document.
    In addition, the NRC staff will be participating in a public 
meeting of the Vermont Nuclear Decommissioning Citizens Advisory Panel 
(NDCAP) on May 25, 2017, in Brattleboro, VT. The time, location, and 
agenda for the meeting will be posted on the NDCAP Web site at: http://publicservice.vermont.gov/electric/ndcap. The NRC personnel will give a 
presentation on the license transfer application review process at the 
NDCAP meeting and will take any public oral or written comments on the 
application for the proposed license transfer and the associated 
proposed updated PSDAR. The meeting will be transcribed and will 
include: (1) A presentation by NorthStar and Entergy on the proposed 
license transfer; (2) a presentation by NRC on the review of the 
application for the proposed license transfer; and, (3) a discussion 
with the public on the proposed license transfer and the proposed 
updated PSDAR. To be considered, comments must be provided either at 
the transcribed public meeting or submitted by the comment deadline 
identified in the DATES section of this document. For additional 
information regarding the meeting, see the NRC's Public Meeting 
Schedule Web site at http://meetings.nrc.gov/pmns/mtg. The agenda will 
be posted no later than 10 days prior to the meeting.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 20 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. 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/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in 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 petitioner must 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 petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 20 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the

[[Page 23848]]

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) through (iii). The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document.
    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 June 
13, 2017. 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. Alternatively, a State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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 that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562, August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing 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 at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 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 
stating why there is good cause for not filing electronically and 
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, 11555 
Rockville Pike,

[[Page 23849]]

Rockville, Maryland 20852, Attention: Rulemaking and Adjudications 
Staff. Participants filing adjudicatory documents 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 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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 February 9, 2017 (ADAMS Accession No. ML17045A140).

VI. Access to Sensitive Unclassified Non-Safeguards Information for 
Contention Preparation

    Any person who desires access to proprietary, confidential 
commercial information that has been redacted from the application 
should contact the applicant by telephoning Gregory G. DiCarlo, Vice 
President & General Counsel, NorthStar Group Services, Inc., at 203-
222-0584 x3051, for the purpose of negotiating a confidentiality 
agreement or a proposed protective order with the applicant. If no 
agreement can be reached, persons who desire access to this information 
may file a motion with the Secretary and addressed to the Commission 
that requests the issuance of a protective order.

    Dated at Rockville, Maryland, this 19th day of May, 2017.

    For the Nuclear Regulatory Commission.
Gregory F. Suber,
Acting Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-10655 Filed 5-23-17; 8:45 am]
 BILLING CODE 7590-01-P