[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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