[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45176-45178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18506]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-293 and 72-1044; NRC-2018-0279]
In the Matter of Entergy Nuclear Generation Company, Entergy
Nuclear Operations, Inc., Holtec Pilgrim, LLC, Holtec Decommissioning
International, LLC, and Pilgrim Nuclear Power Station
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 approving the direct transfer of Renewed Facility Operating
License No. DPR-35 for the Pilgrim Nuclear Power Station (Pilgrim), and
its general license for the Pilgrim Independent Spent Fuel Storage
Installation, from the currently licensed operator, Entergy Nuclear
Operations, Inc. (ENOI), to Holtec Decommissioning International, LLC
(HDI). This Order also approves the indirect transfer of control of
Entergy Nuclear Generation Company's (ENGC) ownership interests in the
facility to Holtec International (Holtec). The NRC is also issuing a
conforming amendment for the facility operating license for
administrative purposes to reflect the direct transfer of the license
from ENOI to HDI and the planned name change for ENGC, from ENGC to
Holtec Pilgrim, LLC (Holtec Pilgrim).
DATES: The Order was issued on August 22, 2019, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2018-0279 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 https://www.regulations.gov and search for Docket ID NRC-2018-0279. Address
questions about NRC docket IDs in Regulations.gov 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 https://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 license transfer Order, the NRC
safety evaluation supporting the staff's findings, and the conforming
license amendment are available in ADAMS Package Accession No.
ML19170A147.
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: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 22nd day of August, 2019.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operator Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--
Order Approving the Direct and Indirect Transfer of Licenses.
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-293 and 72-1044; NRC-2018-0279]
In the Matter of Entergy Nuclear Generation Company and Entergy Nuclear
Operations, Inc. Pilgrim Nuclear Power Station
ORDER APPROVING DIRECT AND INDIRECT TRANSFER OF LICENSE AND CONFORMING
AMENDMENT
I.
Entergy Nuclear Operations, Inc. (ENOI) and Entergy Nuclear
Generation Company (ENGC) are the holders of Renewed Facility Operating
License No. DPR[dash]35, for the Pilgrim Nuclear Power Station
(Pilgrim), and the general license for the Pilgrim Independent Spent
Fuel Storage Installation (ISFSI). Pilgrim permanently ceased
operations on May 31, 2019. Pursuant to Sections 50.82(a)(1)(i) and
(a)(1)(ii) of Title 10 of the Code of Federal Regulations (10 CFR), by
letter dated June 10, 2019 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML19161A033), ENOI certified to the U.S.
Nuclear Regulatory Commission (NRC) that it had permanently ceased
operations at Pilgrim and that all fuel had been permanently removed
from the reactor. Therefore, pursuant to 10 CFR 50.82(a)(2), operations
at Pilgrim are no longer authorized under the license issued under 10
CFR part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' and ENOI and ENGC are licensed to possess, but not use or
operate, Pilgrim under Renewed Facility Operating License No. DPR-35,
subject to the conditions specified therein. The Pilgrim site is
located in the town of Plymouth, Massachusetts, in Plymouth County on
Cape Cod Bay.
II.
By letter dated November 16, 2018 (ADAMS Accession No.
ML18320A031), and as supplemented by letters dated November 16, 2018,
April 17, 2019, and July 29, 2019 (ADAMS Accession Nos. ML18320A040,
ML19109A177, and ML19210E470, respectively), ENOI, on behalf of itself
and ENGC (to be known as Holtec Pilgrim, LLC), Holtec International
(Holtec), and Holtec Decommissioning International, LLC (HDI)
(together, the Applicants), requested that the NRC consent to the
proposed direct and indirect transfer of the Pilgrim Renewed Facility
Operating License No. DPR-35 and the general license for the Pilgrim
ISFSI (collectively referred to as the facility). Specifically, the
Applicants requested
[[Page 45177]]
that the NRC consent to the direct transfer of ENOI's currently
licensed authority (licensed operator for decommissioning) to HDI. In
addition, the Applicants requested the indirect transfer of control of
ENGC's ownership interests in the facility licenses to Holtec. The
Applicants also requested that the NRC approve a conforming
administrative amendment to the facility licenses to reflect the
proposed direct transfer of the license from ENOI to HDI, as well as a
planned name change from ENGC to Holtec Pilgrim. The Applicants
submitted these direct and indirect transfer requests to the NRC for
approval under Section 184, ``Inalienability of Licenses,'' of the
Atomic Energy Act of 1954, as amended (AEA); 10 CFR 50.80, ``Transfer
of Licenses''; 10 CFR 72.50, ``Transfer of Licenses''; and 10 CFR
50.90, ``Application for Amendment of License, Construction Permit, or
Early Site Permit.''
ENOI and ENGC intend to transfer the licensed possession,
maintenance, and decommissioning authorities to HDI to implement
expedited decommissioning at Pilgrim. Following approval and
implementation of the proposed direct transfer of control of the
license, HDI would assume licensed responsibility for Pilgrim through
the direct transfer of ENOI's responsibility for licensed activities at
Pilgrim to HDI. If the proposed indirect transfer of control is
approved, ENGC would change its name to Holtec Pilgrim, LLC (Holtec
Pilgrim), but the same legal entity would continue to exist before and
after the proposed transfer. Holtec Pilgrim would also enter into an
operating agreement with HDI, which provides for HDI to act as Holtec
Pilgrim's agent and for HDI to pay Holtec Pilgrim's costs of operation,
including all decommissioning costs. Holtec Pilgrim would own the
Pilgrim 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. Upon the proposed license transfer,
HDI would assume responsibility for compliance with the current
licensing basis, including regulatory commitments that exist at the
closing of the transaction between the Applicants, and would implement
any changes under applicable regulatory requirements and practices.
HDI's licensed activities will involve possessing and disposing of
radioactive material, maintaining the facility in a safe condition
(including handling, storing, controlling, and protecting the spent
fuel), decommissioning and decontaminating the facility, and
maintaining the ISFSI until it can be decommissioned, each in
accordance with the license and NRC regulations.
The NRC published the notice of NRC consideration of the license
transfer application in the Federal Register (FR) on January 31, 2019
(84 FR 816), and included an opportunity to comment, request a hearing,
and petition for leave to intervene. On February 20, 2019 (ADAMS
Accession No. ML19051A114), the Commonwealth of Massachusetts filed a
request for a hearing and petition for leave to intervene, submitting
two contentions challenging the proposed license transfer. On February
20, 2019 (ADAMS Accession No. ML19051A019), Pilgrim Watch also filed a
request for a hearing and petition for leave to intervene with two
contentions challenging the proposed license transfer. On April 24,
2019 (ADAMS Accession No. ML19114A519), the Commonwealth of
Massachusetts filed a motion to supplement its motion to intervene and
request for hearing with new information. On April 26, 2019 (ADAMS
Accession No. ML19116A162) and May 9, 2019 (ADAMS Accession No.
ML19129A473), Pilgrim Watch filed motions to supplement its motion to
intervene and request for hearing with new information. On July 16,
2019 (ADAMS Accession No. ML19197A330), Pilgrim Watch submitted a
motion to file a new contention. On August 1, 2019 (ADAMS Accession No.
ML19213A313), the Commonwealth of Massachusetts filed a motion to stay
the license transfer proceeding for 90 days to permit the completion of
settlement negotiations. These requests are currently pending before
the Commission. The NRC also received public comments on this
application for license transfer, which are summarized in the safety
evaluation for this license transfer request.
The NRC staff notes, in Enclosure 2 of the application dated
November 16, 2018, in support of the license transfer request, that the
Applicants submitted a request for an exemption to 10 CFR
50.82(a)(8)(i)(A) to allow Holtec Pilgrim and HDI to make withdrawals
from the Pilgrim decommissioning trust fund for spent fuel management
and site restoration activities. The staff approved the exemption
request on August 22, 2019 (ADAMS Accession No. ML19192A083). The NRC
is issuing the exemption to Holtec Pilgrim and HDI simultaneously with
this Order.
Pursuant to 10 CFR 50.80, no license for a production or
utilization facility, or any right thereunder, shall be transferred,
either voluntarily or involuntarily, directly or indirectly, through
transfer of control of the license to any person, unless the Commission
gives its consent in writing. Upon review of the information in the
application and other information before the Commission, and relying
upon the representations and agreements contained in the application,
the NRC staff has determined that Holtec Pilgrim and HDI are qualified
to be the holders of the licenses, and that the direct and indirect
transfer of the licenses, as described in the application, is otherwise
consistent with the applicable provisions of law, regulations, and
orders issued by the Commission pursuant thereto, subject to the
condition set forth below.
Upon review of the application for a conforming amendment to the
Pilgrim license to reflect the direct and indirect transfer of the
Pilgrim licenses, the NRC staff determined the following:
(1) The application for the proposed license amendment complies
with the standards and requirements of the Atomic Energy Act of 1954,
as amended, and the Commission's rules and regulations set forth in 10
CFR Chapter I, ``Nuclear Regulatory Commission.''
(2) There is reasonable assurance that the activities authorized by
the proposed license amendment can be conducted without endangering
public health and safety and that such activities will be conducted in
compliance with the Commission's regulations.
(3) The issuance of the proposed license amendment will not be
inimical to the common defense and security or to public health and
safety.
(4) The issuance of the proposed license amendment is 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 22, 2019, which is available at ADAMS Accession
No. ML19170A250.
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended; 42 U.S.C. Sections 2201(b),
2201(i), 2201(o), and 2234; and 10 CFR 50.80, 10 CFR 72.50, and 10 CFR
50.90, IT IS HEREBY ORDERED that the application for the direct and
indirect transfer of the licenses, as described herein, is
[[Page 45178]]
approved for Pilgrim and the ISFSI, subject to the following
conditions:
(1) Prior to the closing of the license transfer, Holtec Pilgrim
and HDI shall provide the Directors of NRC's Office of Nuclear Material
Safety and Safeguards (NMSS) and Office of Nuclear Reactor Regulation
(NRR) satisfactory documentary evidence that they have obtained the
appropriate amount of insurance required of a licensee under 10 CFR
140.11(a)(4) and 10 CFR 50.54(w) of the Commission's regulations.
(2) The NRC staff's approval of this license transfer is subject to
the Commission's authority to rescind, modify, or condition the
approved transfer based on the outcome of any post-effectiveness
hearing on the license transfer application. For example, if the
Commission overturns the NRC staff's approval of this license transfer,
this Order and any conforming amendments reflecting this transfer, will
be rescinded, and the Applicants must return the plant ownership to the
status quo ante and revert to the conditions existing before the
transfer.
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 and indirect license transfer, is approved.
The amendment shall be issued and made effective within 30 days of the
date when the proposed direct and indirect license transfer action is
completed.
IT IS FURTHER ORDERED that Holtec Pilgrim and HDI shall, at least 2
business days prior to closing, inform the Directors of NMSS and NRR in
writing of the date of closing of the license transfer for Pilgrim and
the ISFSI. Should the transfer of the license not be completed within 1
year of this Order's date of issuance, this Order shall become null and
void; provided, however, that 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 initial
application dated November 16, 2018, as supplemented by letters dated
November 16, 2018, April 17, and July 29, 2019, and the associated NRC
safety evaluation dated August 22, 2019, which are available for public
inspection at the Commission's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available documents are accessible electronically
through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who encounter problems with ADAMS should contact
the NRC's Public Document Room reference staff by telephone at
1[dash]800[dash]397[dash]4209 or 301[dash]415[dash]4737 or by
e[dash]mail to [email protected].
Dated at Rockville, Maryland this 22nd day of August, 2019.
FOR THE NUCLEAR REGULATORY COMMISSION
Ho K. Nieh,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-18506 Filed 8-27-19; 8:45 am]
BILLING CODE 7590-01-P