[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39789-39790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17168]
[[Page 39789]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313, 50-368, and 72-13; NRC-2017-0239]
In the Matter of Entergy Arkansas, Inc. and Entergy Operations,
Inc. Arkansas Nuclear One, Units 1 and 2, and Independent Spent Fuel
Storage Installation Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct and indirect transfer of license; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order to permit the direct transfer of Renewed Facility Operating
License Nos. DPR-51 and NPF-6 for Arkansas Nuclear One, Units 1 and 2,
and the general license for the independent spent fuel storage
installation facility, to a new limited liability company named Entergy
Arkansas, LLC. In addition, the order permits an associated indirect
license transfer of membership interest of Entergy Arkansas, LLC to an
intermediate company, Entergy Utility Holding Company, LLC. Entergy
Corporation will remain as the ultimate parent company, but the
intermediate company, Entergy Utility Holding Company, LLC, will be the
direct parent company of the newly formed Entergy Arkansas, LLC. The
NRC will issue conforming amendments to the renewed facility operating
licenses for administrative purposes to reflect the change in the owner
licensee.
DATES: The order was issued on August 1, 2018, and is effective for one
year.
ADDRESSES: Please refer to Docket ID NRC-2017-0239 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0239. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 ``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: Margaret W. O'Banion, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-415-1233; email:
Margaret.O'[email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated at Rockville, Maryland, this 7th day of August, 2018.
For the Nuclear Regulatory Commission.
Margaret W. O'Banion,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Order Approving Direct and Indirect Transfers of Control of
Licenses and Conforming Amendments
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313, 50-368, and 72-13; License Nos. DPR-51 and NPF-6]
In the Matter of Entergy Arkansas, Inc. and Entergy Operations, Inc.
Arkansas Nuclear One, Units 1 and 2
ORDER APPROVING DIRECT AND INDIRECT TRANSFERS OF CONTROL OF LICENSES
AND CONFORMING AMENDMENTS
I.
Entergy Arkansas, Inc. (EAI) and Entergy Operations, Inc. (EOI)
(together, the licensees) are co-holders of Renewed Facility
Operating License (RFOL) Nos. DPR-51 and NPF-6 for Arkansas Nuclear
One (ANO), Units 1 and 2, and the general license for the
independent spent fuel storage installation (ISFSI). EAI is the
owner and EOI is authorized to possess, use, and operate ANO, Units
1 and 2, and the ISFSI, which are located in Pope County, Arkansas.
II.
By application dated September 21, 2017, EOI requested on behalf
of itself, EAI, and their parent companies (together, the
applicants), 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 RFOL Nos. DPR-51 and NPF-6 for ANO, Units 1 and 2, and the
general license for the ISFSI, from the current owner, EAI, to a new
limited liability company, Entergy Arkansas, LLC (EAL). The
applicants also requested approval of conforming license amendments
that would replace references to EAI in the RFOLs with references to
EAL to reflect the transfer of ownership. In addition, the
applicants requested the NRC's consent to the indirect transfer of
membership interest of EAL to an intermediate company, Entergy
Utility Holding Company, LLC (EUHC). Entergy Corporation will remain
as the ultimate parent company, but EUHC will be the direct parent
company of EAL. Ultimately, EAL will acquire ownership of the
facilities and EOI will remain responsible for the operation and
maintenance of ANO, Units 1 and 2. The license transfers are
necessary to support a corporate restructuring.
The application proposes no physical or operational changes to
the facilities. The interconnections that provide offsite power to
ANO, Units 1 and 2, do not change as a result of the proposed direct
and indirect license transfers.
The applicants requested NRC approval of the transfers of the
facility operating and ISFSI general licenses and conforming license
amendments in accordance with 10 CFR 50.80 and 10 CFR 50.90,
``Application for amendment of license, construction permit, or
early site permit.'' The NRC published a notice, ``Arkansas Nuclear
One, Units 1 and 2; Grand Gulf Nuclear Station, Unit 1; River Bend
Station, Unit 1; and Waterford Steam Electric Station, Unit 3
Consideration of Approval of Transfer of Licenses and Conforming
Amendments,'' in the Federal Register on December 29, 2017 (82 FR
61800). No comments or hearing requests were received.
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 Commission, the NRC staff has determined that EAL is
qualified to hold the license to the extent proposed to permit the
transfer of ownership from EAI to EAL and the indirect transfer of
membership interest of EAL to an intermediate company, EUHC, as
described in the application. The NRC staff has also determined that
the proposed license transfers are otherwise consistent with the
applicable provisions of law, regulations, and orders issued by the
NRC pursuant thereto, subject to the condition set forth below. The
NRC staff has further found 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 proposed license
amendments can be conducted without endangering the health and
safety of the public and that such activities will be
[[Page 39790]]
conducted in compliance with the Commission's regulations; the
issuance of the proposed license amendments will not be inimical to
the common defense and security or to the health and safety of the
public; and the issuance of the proposed 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 an NRC safety evaluation dated August 1, 2018.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the
Act; Title 42 of the United States Code Sections 2201(b), 2201(i),
and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the
application regarding the proposed license transfers is approved,
subject to the following condition:
1. Before completion of the proposed transaction, EOI shall
provide the Director of the Office of Nuclear Reactor Regulation
satisfactory documentary evidence that EAL has obtained the
appropriate amount of insurance required of the licensees under 10
CFR part 140 and 10 CFR part 50.
IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b),
the license amendments for ANO, Units 1 and 2, that make changes, as
indicated in Enclosures 2 and 3 to the cover letter forwarding this
order, to conform the licenses to reflect the subject transfers, are
approved. The amendments shall be issued and made effective at the
time the proposed transfer actions are completed.
IT IS FURTHER ORDERED that, after receipt of all required
regulatory approvals of the proposed transfer actions, EOI shall
inform the Director of the Office of Nuclear Reactor Regulation in
writing of such receipt, and of the date of closing of the
transfers, no later than 5 business days before the date of the
closing of the transfers. Should the proposed transfers not be
completed within 1 year of this order's date of issuance, this order
shall become null and void; 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 September 21, 2017 (Agencywide Documents Access
and Management System (ADAMS) Accession No. ML17268A213) and the
NRC's safety evaluation dated August 1, 2018 (ADAMS Accession No.
ML18177A236), which are available for public inspection at the NRC's
Public Document Room located at One White Flint North, Public File
Area 01-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 accessing the documents
in ADAMS, should contact the NRC Public Document Room 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 August, 2018.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-17168 Filed 8-9-18; 8:45 am]
BILLING CODE 7590-01-P