[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3372-3375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01175]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295, 50-304, 72-1037, 50-320, 50-409, 72-046, 030-
39013, 11005620, and 11005897; NRC-2021-0232]
Zion Nuclear Power Station, Units 1 and 2; Three Mile Island
Nuclear Station, Unit 2; La Crosse Boiling Water Reactor;
EnergySolutions, LLC Radioactive Materials License; EnergySolutions,
LLC Export Licenses; Consideration of Approval of Indirect Transfer of
Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of licenses; opportunity to
comment, request a hearing, and petition for leave to intervene.
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[[Page 3373]]
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of a license transfer application filed by
EnergySolutions, LLC (EnergySolutions) on December 7, 2021. The
application seeks NRC approval of the indirect transfer of 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
Zion independent spent fuel storage installation (ISFSI); Possession
Only License No. DPR-73 for Three Mile Island Nuclear Station, Unit 2
(TMI-2); Possession Only License No. DPR-45 for La Crosse Boiling Water
Reactor (La Crosse) and the general license for the La Crosse ISFSI;
Radioactive Materials License No. 39-35044-01; and Export Licenses
XW010/04 and XW018/01 from the current principal shareholders of the
EnergySolutions parent company Rockwell Holdco, Inc. (Rockwell) and
other investors to a majority ownership by TriArtisan ES Partners, LLC
(TriArtisan). The application contains sensitive unclassified non-
safeguards information (SUNSI).
DATES: Submit Comments by February 22, 2022. A request for a hearing
must be filed by February 10, 2022. 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: Please refer to Docket ID NRC-2021-0232 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-2021-0232. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual(s) 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 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, 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: Jack D. Parrott, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6634, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2021-0232 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-2021-0232.
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, 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.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2021-0232 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
30.34(b), 50.80, 72.50, and 110.50(d) approving the indirect transfer
of control of Facility Operating License Nos. DPR-39 and DPR-48 for
Zion, Units 1 and 2, respectively, and the general license for the Zion
ISFSI; Possession Only License No. DPR-73 for TMI-2; Possession Only
License No. DPR-45 for La Crosse and the general license for the La
Crosse ISFSI; Radioactive Materials License No. 39-35044-01; and Export
Licenses XW010/04 and XW018/01 from the current principal shareholders
of the EnergySolutions parent company Rockwell and other investors to a
majority ownership by TriArtisan. Rockwell is currently approximately
58 percent owned and controlled by passive investment funds affiliated
with Energy Capital Partners GP II, LP and approximately 40 percent
owned by passive investment funds affiliated with TriArtisan. As
described in the application, through the proposed transaction, passive
investment funds affiliated with TriArtisan would acquire majority
ownership of Rockwell and governance control.
According to the application for approval filed by, EnergySolutions
and its wholly owned subsidiaries that hold the referenced NRC
licenses, EnergySolutions will maintain
[[Page 3374]]
responsibility for all licensed activities at the facilities, including
the responsibility to complete decommissioning and carry out spent
nuclear fuel management in accordance with NRC regulations, and the
proposed transaction would not affect their organizations or
operations, nor would it have any material impact on their existing
technical and financial qualifications.
The NRC's regulations at 10 CFR 30.34(b), 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 NRC's
regulations at 10 CFR 110.50(d) state that a specific export license
may be transferred only with the approval of the Commission. 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.
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/. Alternatively, a copy of the regulations are
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 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 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.
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 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 discussed below, 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
[[Page 3375]]
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/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 a.m.
and 6 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 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. 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 December 7, 2021 (ADAMS Package Accession No.
ML21344A114).
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 Gerard P. Van Noordennen,
Senior Vice President Regulatory Affairs, EnergySolutions, LLC, 121
West Trade Street, Charlotte, North Carolina 28202, at 860-462-9707 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: January 18, 2022.
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. 2022-01175 Filed 1-20-22; 8:45 am]
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