[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Notices]
[Pages 56731-56734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22093]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0305; NRC-2021-0185]
Kewaunee Power Station and Independent Spent Fuel Storage
Installation; Consideration of Approval of Transfer of License and
Conforming Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
received and is considering approval of an application filed by
Dominion Energy Kewaunee, Inc. (the licensee) and EnergySolutions, LLC
(EnergySolutions) on May 10, 2021, as supplemented by letter dated May
13, 2021. The application seeks NRC approval of the indirect transfer
of control of Renewed Facility Operating License No. DPR-43 for
Kewaunee Power Station (Kewaunee) and the general license for the
Kewaunee independent spent fuel storage installation (ISFSI) from
Dominion Nuclear Projects, Inc. (Dominion), the parent entity of the
licensee, to
[[Page 56732]]
EnergySolutions. As part of the proposed transfer, the name of the
licensee would be changed to Kewaunee Solutions, Inc. (Kewaunee
Solutions). The NRC is also considering amending the renewed facility
operating license for administrative purposes to reflect the proposed
transfer. The application contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Comments must be filed November 12, 2021. Requests for a hearing
or petitions for leave to intervene must be filed by November 1, 2021.
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;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking Website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0185. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Karl J. Sturzebecher, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-8534, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2021-0185 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-2021-0185.
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 ``Dominion Energy Kewaunee, Inc.
Kewaunee Power Station Application for Order Approving Transfer of
Control of [Kewaunee] License and Conforming License Amendments,''
dated May 10, 2021, is available in ADAMS under Accession No.
ML21131A141 and the ``Notification of Amended Post-Shutdown
Decommissioning Activities Report (Revision 2) for Kewaunee Power
Station,'' dated May 13, 2021, is available in ADAMS under Accession
No. ML21145A083.
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 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through
Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking Website (https://www.regulations.gov). Please
include Docket ID NRC-2021-0185 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 indirect transfer of control of Renewed
Facility Operating License No. DPR-43 for Kewaunee and the general
license for the Kewaunee ISFSI from Dominion, the parent entity of the
licensee, to EnergySolutions. As part of the proposed transfer, the
name of the licensee would be changed to Kewaunee Solutions. The NRC is
also considering amending the renewed facility operating license for
administrative purposes to reflect the proposed transfer.
According to the application, EnergySolutions would acquire 100
percent ownership of the licensee, the same legal entity would remain
the Kewaunee licensee, but its name would change to Kewaunee Solutions,
and Kewaunee Solutions would operate under new management and be
directly and wholly owned by EnergySolutions.
No physical changes to Kewaunee are being proposed in the
application.
The NRC's regulations at 10 CFR 50.80 and 72.50 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 indirect transfer of a license, if the Commission
determines that the proposed transfer will not affect the
qualifications of the licensee 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 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
[[Page 56733]]
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
person (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 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/. If a petition is filed, the 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 that 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 that 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 that, 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 in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
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
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for Electronic Submissions to the NRC (ADAMS
Accession No. ML13031A056) and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html.
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 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/
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getting-started.html. After a digital ID certificate is obtained and a
docket created, the participant must submit adjudicatory documents in
Portable Document Format. Guidance on 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 timestamps the document, and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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 9:00
a.m. and 6:00 p.m., Eastern Time, Monday through Friday, excluding
government holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate previously described, 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. 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
should not 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 May 10, 2021 (ADAMS Accession No. ML21131A141), as
supplemented on May 13, 2021 (ADAMS Accession No. ML21145A083).
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 Craig Sly at 804-273-2784
or 804-241-2473 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: October 5, 2021.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2021-22093 Filed 10-8-21; 8:45 am]
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