[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66345-66348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25406]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-456, STN 50-457, 72-73, STN 50-454, STN 50-455, 72-
68, 50-317, 50-318, 72-8, 50-461, 72-1046, 50-10, 50-237, 50-249, 72-
37, 50-333, 72-12, 50-373, 50-374, 72-70, 50-352, 50-353, 72-65, 50-
220, 50-410, 72-1036, 50-171, 50-277, 50-278, 72-29, 50-254, 50-265, 
72-53, 50-244, 72-67, 50-272, 50-311, 72-48, 50-289, 72-77, 50-295, 50-
304, and 72-1037; NRC-2021-0099]


In the Matter of Exelon Generation Company, LLC; Exelon 
Corporation; Exelon FitzPatrick, LLC; Nine Mile Point Nuclear Station, 
LLC; R.E. Ginna Nuclear Power Plant, LLC; Calvert Cliffs Nuclear Power 
Plant, LLC; Braidwood Station, Units 1 and 2; Byron Station, Unit Nos. 
1 and 2; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Clinton 
Power Station, Unit No. 1; Dresden Nuclear Power Station, Units 1, 2, 
and 3; James A. FitzPatrick Nuclear Power Plant; LaSalle County 
Station, Units 1 and 2; Limerick Generating Station, Units 1 and 2; 
Nine Mile Point Nuclear Station, Units 1 and 2; Peach Bottom Atomic 
Power Station, Units 1, 2, and 3; Quad Cities Nuclear Power Station, 
Units 1 and 2; R.E. Ginna Nuclear Power Plant; Salem Nuclear Generating 
Station, Unit Nos. 1 and 2; Three Mile Island Nuclear Station, Unit 1; 
Zion Nuclear Power Station, Units 1 and 2; and the Associated 
Independent Spent Fuel Storage Installations

AGENCY: Nuclear Regulatory Commission.

ACTION: Indirect transfer of licenses; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the application filed by Exelon Generation Company, LLC 
(EGC), on behalf of itself and Exelon Corporation; Exelon FitzPatrick, 
LLC; Nine Mile Point Nuclear Station, LLC; R. E. Ginna Nuclear Power 
Plant, LLC; and Calvert Cliffs Nuclear Power Plant, LLC (collectively, 
the Applicants), on February 25, 2021, as supplemented. Specifically, 
the order approves the indirect transfer of the facility operating 
licenses, materials license, and general licenses held by the 
Applicants, conforming amendments to the licenses,

[[Page 66346]]

and other actions related to the reorganization of EGC.

DATES: The order was issued on November 16, 2021, and is effective for 
1 year.

ADDRESSES: Please refer to Docket ID NRC-2021-0099 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-2021-0099. 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.
     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 order, the NRC staff safety 
evaluation, and the draft conforming amendments are available in ADAMS 
under Package Accession No. ML21277A245.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[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.

FOR FURTHER INFORMATION CONTACT: Blake A. Purnell, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1380, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: November 17, 2021.

    For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Order Approving Indirect Transfer of Licenses and Draft 
Conforming License Amendments

United States of America

Nuclear Regulatory Commission

    In the Matter of: EXELON GENERATION COMPANY, LLC; EXELON 
CORPORATION; EXELON FITZPATRICK, LLC; NINE MILE POINT NUCLEAR 
STATION, LLC; R. E. GINNA NUCLEAR POWER PLANT, LLC; AND CALVERT 
CLIFFS NUCLEAR POWER PLANT, LLC. (Braidwood Station, Units 1 and 2; 
Byron Station, Unit Nos. 1 and 2; Calvert Cliffs Nuclear Power 
Plant, Units 1 and 2; Clinton Power Station, Unit No. 1; Dresden 
Nuclear Power Station, Units 1, 2, and 3; James A. FitzPatrick 
Nuclear Power Plant; LaSalle County Station, Units 1 and 2; Limerick 
Generating Station, Units 1 and 2; Nine Mile Point Nuclear Station, 
Units 1 and 2; Peach Bottom Atomic Power Station, Units 1, 2, and 3; 
Quad Cities Nuclear Power Station, Units 1 and 2; R. E. Ginna 
Nuclear Power Plant; Salem Nuclear Generating Station, Unit Nos. 1 
and 2; Three Mile Island Nuclear Station, Unit 1; Zion Nuclear Power 
Station, Units 1 and 2; and the Associated Independent Spent Fuel 
Storage Installations)

Docket Nos. STN 50-456, STN 50-457, 72-73, STN 50-454, STN 50-455, 
72-68, 50-317, 50-318, 72-8, 50-461, 72-1046, 50-10, 50-237, 50-249, 
72-37, 50-333, 72-12, 50-373, 50-374, 72-70, 50-352, 50-353, 72-65, 
50-220, 50-410, 72-1036, 50-171, 50-277, 50-278, 72-29, 50-254, 50-
265, 72-53, 50-244, 72-67, 50-272, 50-311, 72-48, 50-289, 72-77, 50-
295, 50-304, and 72-1037
License Nos. NPF-72, NPF-77, NPF-37, NPF-66, DPR-53, DPR-69, NPF-62, 
DPR-2, DPR-19, DPR-25, DPR-59, NPF-11, NPF-18, NPF-39, NPF-85, DPR-
63, NPF-69, DRP-12, DPR-44, DPR-56, DPR-29, DPR-30, DPR-18, DPR-70, 
DPR-75, DPR-50, DPR-39, DPR-48, and SNM-2505

Order Approving Indirect Transfer of Licenses and Draft Conforming 
License Amendments

I

    This order pertains to the following licenses (collectively, the 
Licenses):
     Renewed Facility Operating License Nos. NPF-72 and NPF-
77 for Braidwood Station (Braidwood), Units 1 and 2, respectively, 
and the general license for the associated independent spent fuel 
storage installation (ISFSI). Braidwood is located in Will County, 
Illinois, and it is owned and operated by Exelon Generation Company, 
LLC (EGC). EGC holds the licenses.
     Renewed Facility Operating License Nos. NPF-37 and NPF-
66 for Byron Station (Byron), Unit Nos. 1 and 2, respectively, and 
the general license for the associated ISFSI. Byron is located in 
Ogle County, Illinois, and it is owned and operated by EGC. EGC 
holds the licenses.
     Renewed Facility Operating License Nos. DPR-53 and DPR-
69 for Calvert Cliffs Nuclear Power Plant (Calvert Cliffs), Units 1 
and 2, respectively, and Renewed Materials License No. SNM-2505 for 
the associated ISFSI. Calvert Cliffs is located in Calvert County, 
Maryland, and it is owned by Calvert Cliffs Nuclear Power Plant, LLC 
(Calvert LLC) and operated by EGC. Calvert LLC and EGC hold the 
licenses.
     Facility Operating License No. NPF-62 for Clinton Power 
Station (Clinton), Unit No. 1, and the general license for the 
associated ISFSI. Clinton is located in DeWitt County, Illinois, and 
it is owned and operated by EGC. EGC holds the licenses.
     Facility Operating License No. DPR-2 and Renewed 
Facility Operating License Nos. DPR-19 and DPR-25 for Dresden 
Nuclear Power Station (Dresden), Units 1, 2, and 3, respectively, 
and the general license for the associated ISFSI. Dresden is located 
in Grundy County, Illinois, and it is owned by EGC. Dresden, Unit 1, 
has permanently ceased operation and is no longer authorized to 
operate, and EGC is only authorized to perform certain activities 
(e.g., decommissioning) at the facility. EGC operates Dresden, Units 
2 and 3. EGC holds the licenses.
     Renewed Facility Operating License No. DPR-59 for James 
A. FitzPatrick Nuclear Power Plant (FitzPatrick), and the general 
license for the associated ISFSI. FitzPatrick is located in Oswego 
County, New York, and it is owned by Exelon FitzPatrick, LLC and 
operated by EGC. Exelon FitzPatrick, LLC and EGC hold the licenses.
     Renewed Facility Operating License Nos. NPF-11 and NPF-
18 for LaSalle County Station (LaSalle), Units 1 and 2, 
respectively, and the general license for the associated ISFSI. 
LaSalle is located in LaSalle County, Illinois, and it is owned and 
operated by EGC. EGC holds the licenses.
     Renewed Facility Operating License Nos. NPF-39 and NPF-
85 for Limerick Generating Station (Limerick), Units 1 and 2, 
respectively, and the general license for the associated ISFSI. 
Limerick is located in Montgomery County, Pennsylvania, and it is 
owned and operated by EGC. EGC holds the licenses.
     Renewed Facility Operating License Nos. DPR-63 and NPF-
69 for Nine Mile Point Nuclear Station (NMP), Units 1 and 2, 
respectively, and the general license for the associated ISFSI. NMP 
is located in Oswego County, New York, and it is operated by EGC. 
Nine Mile Point Nuclear Station, LLC (NMP LLC) owns NMP, Unit 1, and 
holds the license with EGC. NMP LLC and Long Island Lighting Company 
own NMP, Unit 2, and hold the license with EGC.
     Facility Operating License No. DPR-12 and Subsequent 
Renewed Facility Operating License Nos. DPR-44 and DPR-56 for Peach 
Bottom Atomic Power Station (Peach Bottom), Units 1, 2, and 3, 
respectively, and the general license for the associated ISFSI. 
Peach Bottom is located in York and Lancaster Counties, 
Pennsylvania. Peach Bottom, Unit 1, has permanently ceased operation 
and is no longer authorized to

[[Page 66347]]

operate, and EGC is only authorized to perform certain activities 
(e.g., decommissioning) at the facility. EGC owns and holds the 
license for Peach Bottom, Unit 1. Peach Bottom, Units 2 and 3, are 
owned by PSEG Nuclear, LLC (PSEG) and EGC and operated by EGC. PSEG 
and EGC hold the licenses for Peach Bottom, Units 2 and 3.
     Renewed Facility Operating License Nos. DPR-29 and DPR-
30 for Quad Cities Nuclear Power Station (Quad Cities), Units 1 and 
2, respectively, and the associated general license for the ISFSI. 
Quad Cities is located in Rock Island County, Illinois, and it is 
owned by EGC and MidAmerican Energy Company and operated by EGC. EGC 
and MidAmerican Energy Company hold the licenses.
     Renewed Facility Operating License No. DPR-18 for R. E. 
Ginna Nuclear Power Plant (Ginna), and the general license for the 
associated ISFSI. Ginna is located in Wayne County, New York, and it 
is owned by R. E. Ginna Nuclear Power Plant, LLC (Ginna LLC) and 
operated by EGC. Ginna LLC and EGC hold the license.
     Renewed Facility Operating License Nos. DPR-70 and DPR-
75 for Salem Nuclear Generating Station (Salem), Unit Nos. 1 and 2, 
respectively, and the general license for the associated ISFSI. 
Salem is located in Salem County, New Jersey, and it is owned by 
PSEG and EGC and operated by PSEG. PSEG and EGC hold the licenses.
     Renewed Facility License No. DPR-50 for Three Mile 
Island Nuclear Station (TMI), Unit 1, and the general license for 
the associated ISFSI. TMI is located in Dauphin County, 
Pennsylvania. TMI, Unit 1, has permanently ceased operation and is 
no longer authorized to operate, and EGC is only authorized to 
perform certain activities (e.g., decommissioning) at the facility. 
EGC owns and holds the license for TMI, Unit 1.
     Facility Operating License Nos. DPR-39 and DPR-48 for 
Zion Nuclear Power Station (Zion), Units 1 and 2, respectively, and 
the general license for the associated ISFSI. Zion is located in 
Lake County, Illinois, and it is owned by EGC. Radiological 
decommissioning of the Zion units has been completed such that the 
only licensed activities that EGC may perform at the site are 
associated with the ISFSI operation and maintenance. EGC holds the 
licenses.

II

    By application dated February 25, 2021 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML21057A273), as 
supplemented by letters dated March 25, June 11, September 16, and 
September 29, 2021 (ADAMS Accession Nos. ML21084A165, ML21162A292, 
ML21259A040, and ML21272A276 (package), respectively), EGC, on 
behalf of itself and Exelon Corporation; Exelon FitzPatrick, LLC; 
NMP LLC; Ginna LLC; and Calvert LLC (collectively, the Applicants) 
requested, pursuant to Section 184 of the Atomic Energy Act of 1954, 
as amended (the Act), and Title 10 of the Code of Federal 
Regulations (10 CFR) Sections 50.80, ``Transfer of licenses,'' and 
72.50, ``Transfer of license,'' that the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) consent to the indirect transfer of 
control of the Licenses.
    Specifically, the Applicants requested that the NRC consent to 
the indirect transfer of control of the Licenses to support a 
proposed transaction (referred to as the spin transaction) in which 
Exelon Corporation will transfer its 100 percent ownership of EGC to 
a newly-created subsidiary that will then be spun off to Exelon 
Corporation shareholders, becoming EGC's new ultimate parent 
company. Once the spin transaction is completed, the new ultimate 
parent company, EGC, and its subsidiaries will no longer be 
affiliated with Exelon Corporation. EGC will remain the same 
Pennsylvania limited liability company as before the spin 
transaction and will continue to own and/or operate the 
aforementioned reactor units and associated ISFSIs (collectively, 
the facilities), as applicable, and hold the Licenses, but it will 
be reorganized and renamed. The name for the new ultimate parent 
company and the new name for EGC have not yet been determined; 
therefore, they are identified herein as HoldCo and SpinCo, 
respectively.
    The Applicants further requested that the NRC consent to the 
indirect transfer of control of the licenses for the FitzPatrick, 
NMP, and Ginna facilities to support the reorganization of EGC. As 
part of the reorganization, Exelon FitzPatrick, LLC; NMP LLC; Ginna 
LLC; and, as applicable, their parent entities, will become 
subsidiaries of a newly-created, wholly-owned subsidiary of SpinCo. 
In addition, Exelon FitzPatrick, LLC will be renamed. The name for 
this new subsidiary of SpinCo and the new name for Exelon 
FitzPatrick, LLC have not yet been determined; therefore, they are 
identified herein as New York HoldCo and New FitzPatrick, LLC, 
respectively.
    The Applicants also requested NRC approval to replace existing 
nuclear operating services agreements and financial support 
agreements associated with the ownership and operation of the 
Calvert Cliffs, NMP, Ginna, and FitzPatrick facilities. The 
Applicants requested NRC approval to transfer the qualified and non-
qualified trusts for FitzPatrick from Exelon Generation 
Consolidation, LLC (a subsidiary of EGC) to New FitzPatrick, LLC.
    Pursuant to 10 CFR 50.90, ``Application for amendment of 
license, construction permit, or early site permit,'' and 72.56, 
``Application for amendment of license,'' the Applicants requested 
conforming amendments to the Licenses to reflect the proposed 
transfer. In addition, the Applicants requested that the conforming 
amendments to the licenses for Calvert Cliffs, Units 1 and 2; NMP, 
Units 1 and 2; and Ginna delete conditions referencing the 
Constellation Energy Nuclear Group, LLC (a subsidiary of EGC) Board 
and its operating agreement to reflect the internal reorganization 
of EGC described in the application.
    On May 3, 2021, the NRC published a notice of consideration of 
approval of the proposed license transfer and conforming license 
amendments in the Federal Register (86 FR 23437). This notice 
provided an opportunity to comment, request a hearing, and petition 
for leave to intervene on the application. On June 2, 2021 (86 FR 
29599), the comment period was extended to June 23, 2021.
    Separate requests for a hearing on the application were filed by 
Eric Epstein, on behalf of himself and Three Mile Island Alert, 
Inc., on June 14, 2021 (ADAMS Accession No. ML21165A196); EDF Inc. 
on June 14, 2021 (ADAMS Accession No. ML21165A295); the 
Environmental Law and Policy Center on June 23, 2021 (ADAMS 
Accession No. ML21174A320); and the State of Illinois on July 12, 
2021 (ADAMS Accession No. ML21193A326). EDF Inc. withdrew its 
request for a hearing on August 9, 2021 (ADAMS Accession No. 
ML21221A153). The remaining hearing requests are pending before the 
Commission. The NRC also received written comments regarding the 
application. The comments within the scope of the NRC staff's review 
of the application are addressed in the NRC staff's safety 
evaluation of the application.
    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. Pursuant to 10 CFR 72.50, 
no license or any part included in a license issued under 10 CFR 
part 72 for an ISFSI 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, as supplemented, and other information before the 
Commission, the NRC staff has determined that SpinCo; Calvert LLC, 
New FitzPatrick, LLC; NMP LLC; and Ginna LLC are qualified to hold 
the Licenses to the extent proposed in the application, as 
supplemented, to permit the spin transaction and reorganization of 
EGC, and that transfer of the Licenses 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 
license amendments to reflect the transfer, the NRC staff has 
determined that:
    (1) The application, as supplemented, complies with the 
standards and requirements of the Act and the Commission's rules and 
regulations set forth in 10 CFR Chapter I.
    (2) The facilities will operate in conformity with the 
application, as supplemented, the provisions of the Act, 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 will be in accordance with 10 
CFR part 51 of the Commission's regulations and all applicable

[[Page 66348]]

requirements have been satisfied. The findings set forth above are 
supported by an NRC staff safety evaluation dated the same date as 
this order, which is available at ADAMS Accession No. ML21277A248 
(non-proprietary).

III

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the 
Act, 42 U.S.C. 2201(b), 2201(i), and 2234, and 10 CFR 50.80, 10 CFR 
72.50, 10 CFR 50.90, and 10 CFR 72.56, IT IS HEREBY ORDERED that the 
license transfer application, as described herein, is approved, 
subject to the following conditions:
    1. SpinCo and New FitzPatrick, LLC shall provide satisfactory 
documentary evidence to the Director of the Office of Nuclear 
Reactor Regulation that, as of the date of the indirect license 
transfer, the licensees reflected in the amended licenses have 
obtained the appropriate amount of insurance required of a licensee 
under 10 CFR part 140 and 10 CFR 50.54(w).
    2. If EGC does not hold Facility Operating License Nos. DPR-39 
and DPR-48 for Zion, Units 1 and 2, respectively, and the general 
license for the Zion ISFSI at the time of the closing of the spin 
transaction, then these licenses shall not be transferred to SpinCo 
as part the spin transaction.
    3. At least 5 business days before the closing of the spin 
transaction, the Applicants shall submit, signed under oath or 
affirmation, the following information to the NRC in accordance with 
10 CFR parts 50 and 72: (1) The final legal entity names of HoldCo, 
SpinCo, New York HoldCo, and New FitzPatrick, LLC; (2) the state of 
incorporation and address for HoldCo; (3) the address for New York 
HoldCo; and (4) the names, addresses, and citizenship of the 
directors and principal officers of HoldCo and New York HoldCo.
    4. The NRC staff's approval of the 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 after receipt of all required 
regulatory approvals of the proposed indirect license transfer, the 
Applicants shall inform the Directors of the Office of Nuclear 
Reactor Regulation and the Office of Nuclear Material Safety and 
Safeguards in writing of such receipt no later than 5 business days 
prior to the date of the closing of the transfer. Should the 
proposed license 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. The conditions of this order may 
be amended upon application by the Applicants and approval by the 
NRC.
    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 forwarding 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.
    This order is effective upon issuance.
    For further details with respect to this order, see the 
application dated February 25, 2021, as supplemented by letters 
dated March 25, June 11, September 16, and September 29, 2021, and 
the associated NRC staff safety evaluation dated the same date as 
this order. Publicly available documents created or received at the 
NRC are accessible 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 16, 2021.

    For the Nuclear Regulatory Commission.

    /RA/

Bo M. Pham, Director,

Division of Operating Reactor Licensing, Office of Nuclear Reactor 
Regulation.

    /RA/

Jane E. Marshall, Director,
Division of Decommissioning, Uranium Recovery, and Waste Programs, 
Office of Nuclear Material Safety and Safeguards.

    /RA/

Shana R. Helton, Director,

Division of Fuel Management, Office of Nuclear Material Safety and 
Safeguards.

[FR Doc. 2021-25406 Filed 11-19-21; 8:45 am]
BILLING CODE 7590-01-P