[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]
BILLING CODE 7590-01-P