[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52945-52946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24697]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2017-0177]


License Transfer From Exelon Generation Company, LLC to 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 Exelon Generation Company, LLC to Exelon FitzPatrick, 
LLC.

DATES: The Order was issued on November 7, 2017, and is effective for 1 
year.

ADDRESSES: Please refer to Docket ID NRC-2017-0177 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-2017-0177. 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 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: Booma Venkataraman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2934; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 9th day of November 2017.


[[Page 52946]]


    For the Nuclear Regulatory Commission.
Booma Venkataraman,
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

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-333 and 72-012; License No. DPR-59

In the Matter of Exelon Generation Company, LLC James A. FitzPatrick 
Nuclear Power Plant

ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING 
AMENDMENT

I.

    Exelon Generation Company, LLC (Exelon Generation) is the owner 
and operator of the James A. FitzPatrick Nuclear Power Plant 
(FitzPatrick) and the holder 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 July 24, 2017 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML17206A395), Exelon 
Generation, and its wholly owned subsidiary, Exelon FitzPatrick, LLC 
(Exelon FitzPatrick), jointly requested, pursuant to Title 10 of the 
Code of Federal Regulations (10 CFR), Section 50.80, ``Transfer of 
licenses,'' 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 
Exelon Generation to Exelon FitzPatrick. Future references to 
FitzPatrick include the general license for the FitzPatrick ISFSI. 
In response to the request by Exelon Generation and Exelon 
FitzPatrick 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,'' in the Federal Register on 
August 17, 2017 (82 FR 39139). The NRC received no comments and no 
hearing requests.
    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 gives 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 FitzPatrick is qualified to hold the FitzPatrick renewed 
facility operating license and the FitzPatrick ISFSI general 
license. Following completion of the license transfer, Exelon 
FitzPatrick would acquire ownership of FitzPatrick. Exelon 
Generation would continue to be responsible for the operation and 
maintenance of FitzPatrick. 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 November 7, 2017 (ADAMS Accession No. ML17240A069).

III.

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of 
the Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 
2201(b), 2201(i), 2201(o), 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 
FitzPatrick, 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 50.54(w).

    It is further ordered that, consistent with 10 CFR 2.1315(b), 
the license be changed, as indicated in Enclosure 2 to the cover 
letter forwarding this Order, to conform the license to reflect that 
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 
FitzPatrick 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 July 24, 2017, and the NRC's nonproprietary Safety 
Evaluation dated November 7, 2017 (ADAMS Accession No. ML17240A069), 
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 7th day of November 2017.
    For the Nuclear Regulatory Commission.
Michele G. Evans,
Deputy Director for Reactor Safety Programs and Mission Support, Office 
of Nuclear Reactor Regulation.
[FR Doc. 2017-24697 Filed 11-14-17; 8:45 am]
 BILLING CODE 7590-01-P