[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76626-76628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26278]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003, 50-247, 50-286, and 72-051; NRC-2020-0021]


In the Matter of Entergy Nuclear Operations, Inc.; Entergy 
Nuclear Indian Point 2, LLC; Entergy Nuclear Indian Point 3, LLC; 
Holtec International and Holtec Decommissioning International, LLC; 
Indian Point Nuclear Generating Unit Nos 1, 2, and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Transfer of licenses; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order approving the transfer of Provisional Operating License No. DPR-5 
for Indian Point Nuclear Generating Station, Unit No. 1 (IP1); Renewed 
Facility Operating License Nos. DPR-26 and DPR-64 for Indian Point 
Nuclear Generating Unit Nos. 2 and 3, respectively, (collectively, with 
IP1, the Indian Point Energy Center (IPEC)); and the general license 
for the IPEC independent spent fuel storage installation to Holtec 
International (Holtec) subsidiaries. The Holtec subsidiaries would be 
known as Holtec Indian Point 2, LLC (Holtec IP2) and Holtec Indian 
Point 3, LLC (Holtec IP3). The Order also approves the transfer of 
operating authority from the currently licensed operator, Entergy 
Nuclear Operations, Inc. (ENOI), to Holtec Decommissioning 
International, LLC (HDI). The NRC is also issuing conforming amendments 
for the facility operating licenses for administrative purposes to 
reflect the transfer of the licenses from ENOI to HDI and the planned 
name change for Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear 
Indian Point 3, LLC to Holtec IP2 and Holtec IP3, respectively.

DATES: The Order was issued on November 23, 2020, and is effective for 
1 year.

ADDRESSES: Please refer to Docket ID NRC-2020-0021 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document by 
using 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 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 amendments are available in ADAMS Package Accession No. 
ML19170A147.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

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: The text of the Order is attached.

    Dated: November 23, 2020.

    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Order Approving Transfer of Licenses and Approving 
Conforming Amendments

United States of America

Nuclear Regulatory Commission

    In the Matter of: Entergy Nuclear Operations, Inc., Entergy Nuclear 
Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC; Indian Point 
Nuclear Generating Station, Unit Nos. 1, 2, and 3 and ISFSI, EA-20-142

Docket Nos. 50-003, 50-247, 50-286, and 72-051
License Nos. DPR-5, DPR-26, and DPR-64

[[Page 76627]]

Order Approving Transfer of Licenses and Draft Conforming 
Administrative License Amendments

I.

    Entergy Nuclear Operations, Inc. (ENOI); Entergy Nuclear Indian 
Point 2, LLC; and Entergy Nuclear Indian Point 3, LLC are the holders 
of the U.S. Nuclear Regulatory Commission (NRC, the Commission) 
Provisional Operating License No. DPR-5 for Indian Point Nuclear 
Generating Station, Unit No. 1 (IP1); Renewed Facility Operating 
License Nos. DPR-26 and DPR-64 for Indian Point Nuclear Generating 
Station, Unit Nos. 2 and 3, respectively (IP2 and IP3) (collectively, 
with IP1, the Indian Point Energy Center (IPEC)); and the general 
license for the IPEC independent spent fuel storage installation 
(ISFSI) (collectively, the IPEC licenses). IP1 permanently ceased 
operations on October 31, 1974; IP2 permanently ceased operations on 
April 30, 2020; and ENOI has certified to the NRC its decision to 
permanently cease operations at IP3 by April 30, 2021. The IPEC is 
located in Buchanan, New York, in Westchester County, on the east bank 
of the Hudson River.

II.

    By application dated November 21, 2019 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML19326B953), as 
supplemented by information provided in letters from Holtec 
Decommissioning International, LLC (HDI) dated December 19, 2019; 
January 17, 2020; February 12, 2020; and August 7, 2020 (ADAMS 
Accession Nos. ML19354A698, ML20017A290, ML20043C539, and ML20220A666, 
respectively), ENOI, on behalf of itself; Entergy Nuclear Indian Point 
2, LLC; Entergy Nuclear Indian Point 3, LLC; Holtec International 
(Holtec); and HDI (collectively, the Applicants), requested, pursuant 
to Section 184, ``Inalienability of Licenses,'' of the Atomic Energy 
Act of 1954, as amended (AEA), and Sections 50.80, ``Transfer of 
licenses,'' and 72.50, ``Transfer of license,'' of Title 10 of the Code 
of Federal Regulations (10 CFR), that the NRC consent to the transfer 
of control of the IPEC licenses to Holtec subsidiaries. The Holtec 
subsidiaries would be known as Holtec Indian Point 2, LLC (Holtec IP2) 
and Holtec Indian Point 3, LLC (Holtec IP3). The Applicants also 
requested that the NRC consent to the transfer of ENOI's operating 
authority (i.e., its authority to conduct licensed activities at the 
IPEC) to HDI. Finally, the Applicants requested that the NRC approve 
conforming administrative amendments to the IPEC licenses to reflect 
the proposed license transfer and to delete certain license conditions 
to reflect the satisfaction and termination of certain obligations 
after the license transfer pursuant to 10 CFR 50.90, ``Application for 
amendment of license, construction permit, or early site permit.''
    Upon an NRC approval of the license transfer application and the 
consummation of the proposed transfer transaction, Holtec IP2 would be 
the licensed owner for IP1 and IP2 and Holtec IP3 would be the licensed 
owner for IP3. Holtec IP2 and Holtec IP3 would also respectively own 
each unit's associated assets and real estate, including each unit's 
decommissioning trust fund, title to spent nuclear fuel, and rights 
pursuant to the terms of the Standard Contract for Disposal of Spent 
Nuclear Fuel and/or High-Level Radioactive Waste with the U.S. 
Department of Energy. A wholly-owned subsidiary of Holtec, Nuclear 
Asset Management Company, LLC, would acquire all equity interests in 
the parent companies owning the three units and would emerge as the 
direct parent company owner of both Holtec IP2 and Holtec IP3.
    Holtec IP2 and Holtec IP3 would enter into an operating agreement 
for decommissioning services with HDI, which would act as their agent, 
and Holtec IP2 and Holtec IP3 would pay for HDI's decommissioning, 
spent fuel management, and site restoration costs incurred at the IPEC; 
HDI would be the licensed operator for the IPEC. HDI would assume 
responsibility for compliance with NRC regulations and the current 
licensing basis, including regulatory commitments that exist at the 
consummation of the proposed transfer transaction, and would implement 
any changes under applicable regulatory requirements and practices. 
Comprehensive Decommissioning International, LLC, a general contractor 
to HDI, would perform day-to-day activities at the IPEC, including 
decommissioning activities, pursuant to a general contractor agreement 
between it and HDI, subject to HDI's direct oversight and control as 
the licensed operator.
    Nuclear Asset Management Company, LLC and HDI would be direct, 
wholly-owned subsidiaries of Holtec Power, Inc., which is a direct, 
wholly-owned subsidiary of Holtec.
    The NRC published the notice of consideration of approval of the 
license transfer application and of consideration of amending the 
licenses to reflect the proposed transfer in the Federal Register on 
January 23, 2020 (85 FR 3947). This notice provided an opportunity to 
request a hearing within 20 days and an opportunity to comment within 
30 days. The comment period was extended on February 19, 2020 (85 FR 
9486), for an additional 30 days.
    In response, on February 11, 2020, the Safe Energy Rights Group, 
Inc. (ADAMS Accession No. ML20042C984) and, on February 12, 2020, the 
State of New York (ADAMS Accession No. ML20043E118); the Town of 
Cortlandt, Village of Buchanan, and Hendrick Hudson School District 
(ADAMS Accession No. ML20043F054); and Riverkeeper, Inc. (ADAMS 
Accession No. ML20043F530) each filed separate hearing requests. These 
hearing requests are pending before the Commission. The NRC also 
received over 400 comment submissions, which the NRC staff listed and 
summarized in its safety evaluation related to the license transfer 
application. The staff reviewed the hearing requests and comment 
submissions and considered them as part of its evaluation of the 
application.
    The letter from HDI dated February 12, 2020, requested, in support 
of the license transfer application, an exemption from 10 CFR 
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) to allow the use of funds 
from the IP1, IP2, and IP3 decommissioning trust funds for spent fuel 
management and site restoration activities at the IPEC and to allow 
disbursements from the IP1, IP2, and IP3 decommissioning trust funds 
for these activities to be made without prior notice, similar to 
withdrawals in accordance with 10 CFR 50.82(a)(8). Separate from this 
Order, the NRC staff reviewed and approved the exemption request (ADAMS 
Accession No. ML20309A788). The staff is issuing its approval of the 
exemption request concurrent with its approval of the license transfer 
application; the exemption is effective immediately, but will only 
apply to Holtec IP2, Holtec IP3, and HDI if and when the proposed 
transfer transaction is consummated.
    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 
license transfer application, as supplemented, and other information 
before the Commission, and relying upon the representations and 
agreements contained in the application, the NRC staff has determined 
that Holtec IP2, Holtec IP3, and HDI are qualified to be the holders of 
the IPEC licenses and that the transfer of the IPEC licenses, as

[[Page 76628]]

described in the application, is otherwise consistent with applicable 
provisions of law, regulations, and orders issued by the Commission 
pursuant thereto, subject to the conditions set forth below.
    Upon review of the application, as supplemented, for conforming 
administrative amendments to the IPEC licenses to reflect the transfer, 
the NRC staff has determined that:
    (1) The application for amendments complies with the standards and 
requirements of the AEA and the Commission's rules and regulations set 
forth in 10 CFR chapter I.
    (2) The facility will operate in conformity with the application, 
the provisions of the AEA, and the rules and regulations of the 
Commission.
    (3) There is reasonable assurance that the activities authorized by 
the amendments 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.
    (4) The issuance of the amendments will not be inimical to the 
common defense and security or to the health and safety of the public.
    (5) The issuance of the amendments is in accordance with 10 CFR 
part 51 of the Commission's regulations and all applicable requirements 
have been satisfied. The findings set forth above are supported by an 
NRC staff safety evaluation dated November 23, 2020, which is available 
at ADAMS Accession No. ML20297A333.

III.

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the AEA, 
42 U.S.C. Sections 2201(b), 2201(i), and 2234; and 10 CFR 50.80, 10 CFR 
72.50, and 10 CFR 50.90, it is hereby ordered that the license transfer 
application, as described herein, is approved, subject to the following 
conditions:
    (1) At least 2 business days before the planned closing date of the 
purchase and sale transaction, Holtec shall provide the Directors of 
the NRC's Office of Nuclear Material Safety and Safeguards (NMSS) and 
Office of Nuclear Reactor Regulation (NRR) with pre-notification that 
Holtec IP2 and Holtec IP3 and HDI will enter into a decommissioning 
operator services agreement that provides for HDI to act as agent for 
Holtec IP2 and Holtec IP3 and for Holtec IP2 and Holtec IP3 to pay 
HDI's costs of post-shutdown operations, including decommissioning and 
spent fuel management costs.
    (2) Before the closing of the license transfer, Holtec IP2, Holtec 
IP3, and HDI shall provide the Directors of NMSS and 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).
    (3) 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.
    It is further ordered that consistent with 10 CFR 2.1315(b), the 
license amendments that make changes, as indicated in Enclosure 2 to 
the letter transmitting this Order, to reflect the subject license 
transfer are approved. The amendments shall be issued and made 
effective at the time the proposed transfer actions are completed.
    It is further ordered that at least 2 business days before the 
planned closing date of the purchase and sale transaction, ENOI shall 
provide the Directors of NMSS and NRR with pre-notification of the 
planned transaction. Should the proposed transfer not be completed 
within 1 year of the date of this Order, 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 application 
dated November 21, 2019, as supplemented by letters dated December 19, 
2019; January 17, 2020; February 12, 2020; and August 7, 2020, and the 
associated NRC staff safety evaluation dated November 23, 2020, which 
are available for public inspection electronically through ADAMS in the 
NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons who 
do not have access to ADAMS or who encounter problems accessing the 
documents located 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: November 23, 2020.

    For the Nuclear Regulatory Commission.

John W. Lubinski,

Director, Office of Nuclear Material Safety and Safeguards.

Ho K. Nieh,

Director, Office of Nuclear Reactor Regulation.

[FR Doc. 2020-26278 Filed 11-27-20; 8:45 am]
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