[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 3947-3950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00824]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-003, 50-247, 50-286, and 72-051; NRC-2020-0021]
Indian Point Nuclear Generating Unit Nos. 1, 2, and 3;
Consideration of Approval of Transfer of Control of Licenses and
Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for direct and indirect transfers of licenses;
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 Entergy Nuclear
Operations, Inc. (ENOI), on behalf of itself, Entergy Nuclear Indian
Point 2, LLC (ENIP2), Entergy Nuclear Indian Point 3, LLC (ENIP3),
Holtec International (Holtec), and Holtec Decommissioning
International, LLC (HDI) (collectively,
[[Page 3948]]
the applicants), on November 21, 2019. The application seeks NRC
approval of the transfer of control of Provisional Operating License
No. DPR-5 and Renewed Facility Operating License Nos. DPR-26 and DPR-64
for Indian Point Nuclear Generating, Unit Nos. 1, 2, and 3,
respectively (referred to individually as IP1, IP2, or IP3, and
collectively as the Indian Point Energy Center or IPEC), as well as the
general license for the IPEC Independent Spent Fuel Storage
Installation (ISFSI) (collectively, the licenses). Specifically, the
application requests that the NRC consent to (1) the transfer of
control of the licenses to Holtec subsidiaries to be known as Holtec
Indian Point 2, LLC (Holtec IP2) and Holtec Indian Point 3, LLC (Holtec
IP3) and (2) the transfer of ENOI's operating authority to HDI. The NRC
is also considering amending the licenses for administrative purposes
to reflect the proposed transfer. The application contains sensitive
unclassified non-safeguards information (SUNSI).
DATES: Comments must be filed by February 24, 2020. A request for a
hearing must be filed by February 12, 2020. 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:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0021. 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.
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, 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: Richard V. Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1030; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0021 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0021.
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 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.
B. Submitting Comments
Please include Docket ID NRC-2020-0021 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
https://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 into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under 10 CFR 50.80
and 72.50 approving the direct and indirect transfers of control of
Provisional Operating License No. DPR-5 and Renewed Facility Operating
License Nos. DPR-26 and DPR-64 for IP1, IP2, and IP3, respectively, as
well as the general license for the IPEC ISFSI. Specifically, the
application, dated November 21, 2019 (ADAMS Accession No. ML19326B953),
requests that the NRC consent to (1) the transfer of control of the
licenses from ENIP2 and ENIP3 to Holtec subsidiaries Holtec IP2 and
Holtec IP3, respectively, and (2) the transfer of ENOI's operating
authority (i.e., its authority to conduct licensed activities under the
licenses) to HDI. In addition, HDI submitted a ``Post Shutdown
Decommissioning Activities Report [PSDAR] including Site-Specific
Decommissioning Cost Estimate for Indian Point Nuclear Generating Units
1, 2, and 3,'' dated December 19, 2019 (ADAMS Accession No.
ML19354A698), which the NRC is considering as a supplement to the
license transfer application. The NRC is also considering amending the
licenses for administrative purposes to reflect the proposed transfer.
Following approval of the proposed direct and indirect transfers of
control of the licenses, Holtec IP2 and Holtec IP3 would be the
licensed owners for the licenses and HDI would be the licensed operator
for the licenses. HDI will contract with Comprehensive Decommissioning
International, LLC to decommission IP1, 2, and 3.
No physical changes to the IPEC and the IPEC ISFSI or operational
changes are being proposed in the application.
The NRC's regulations at 10 CFR 50.80 state that no license, or any
right thereunder, shall be transferred, directly or indirectly, through
transfer of control of the license, unless the Commission gives its
consent in writing. The Commission will approve an application for the
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.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings
[[Page 3949]]
required by the Atomic Energy Act of 1954, as amended (the Act), and
the Commission's regulations. 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 ISFSI, 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.
III. 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.
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 website at https://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 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 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.
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 no later
than 20 days from the date of publication of this notice. 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 set forth in this section,
except that under 10 CFR 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 website at https:/
/www.nrc.gov/site-
[[Page 3950]]
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 website at https://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 website at https://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 website at https://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, 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 November 21, 2019, and the HDI PSDAR and Site-
Specific Decommissioning Cost Estimate dated December 19, 2019.
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 Susan H. Raimo, Entergy
Services, LLC, at 202-530-7330 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 15th day of January 2020.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Sr. Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-00824 Filed 1-22-20; 8:45 am]
BILLING CODE 7590-01-P