[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Notices]
[Pages 28038-28040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09971]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295, 50-304, 72-1037, 50-320, 50-409, 72-046, 50-305,
72-64, 030-39013, 11005620, and 11005897; NRC-2021-0232 and NRC-2022-
0092]
In the Matter of EnergySolutions, LLC; Zion Nuclear Power
Station, Units 1 and 2; Three Mile Island Nuclear Station, Unit 2; La
Crosse Boiling Water Reactor; Kewaunee Power Station; EnergySolutions,
LLC Radioactive Materials License; EnergySolutions, LLC Export Licenses
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 to EnergySolutions, LLC (EnergySolutions) approving the indirect
transfer of control of Facility Operating License Nos. DPR-39 and DPR-
48 for Zion Nuclear Power Station, 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; Possession Only License No. DPR-45 for
La Crosse Boiling Water Reactor and the general license for the La
Crosse ISFSI; Renewed Facility Operating License No. DPR-43 for
Kewaunee Power Station and the general license for the Kewaunee ISFSI;
Radioactive Materials License No. 39-35044-01; Export License XW010/04;
and Export License XW018/01, to the extent that these licenses may be
held by EnergySolutions or its wholly-owned subsidiaries at the time of
the consummation of the indirect transfer. The indirect transfer of
control of these licenses would result from the consummation of a stock
purchase agreement dated November 16, 2021, involving the current
principal shareholders of the corporate parent company of
EnergySolutions and other investors.
DATES: The order was issued on May 3, 2022, and is effective for 1
year.
ADDRESSES: Please refer to Docket ID NRC-2021-0232 and NRC-2022-0092
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-2021-0232 and NRC-
2022-0092. Address questions about Docket IDs in Regulations.gov to
Stacy Schumann; telephone: 301-287-0624; 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 indirect license transfer order
and the NRC staff safety evaluation supporting the order are available
in ADAMS under Package Accession No. ML22076A008.
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: 301-415-3178; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: May 4, 2022.
For the Nuclear Regulatory Commission.
Jack D. Parrott,
Senior Project Manager, Reactor Decommissioning Branch, Division of
Decommissioning, Uranium Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
Attachment--Order Approving Indirect Transfer of Licenses
United States of America Nuclear Regulatory Commission
In the Matter of ENERGYSOLUTIONS, LLC Zion Nuclear Power
Station, Units 1 and 2, and the Associated Independent Spent Fuel
Storage Installation; Three Mile Island Nuclear Station, Unit 2; La
Crosse Boiling Water Reactor, and the Associated Independent Spent
Fuel Storage Installation; Kewaunee Power Station, and the
Associated Independent Spent Fuel Storage Installation; Radioactive
Materials License; and Export Licenses EA-22-024
[[Page 28039]]
Docket Nos. 50-295, 50-304, 72-1037, 50-320, 50-409, 72-046, 50-305,
72-64, 030-39013, 11005620, and 11005897
License Nos. DPR-39, DPR-48, DPR-73, DPR-45, DPR-43, 39-35044-01,
W010/04, and XW018/01
Order Approving Indirect Transfer of Licenses
I.
This order pertains to the following licenses held, or
potentially held during the effectiveness of this order, by
EnergySolutions, LLC (EnergySolutions, the Applicant) or its wholly-
owned subsidiaries (collectively, the Licenses):
Facility Operating License Nos. DPR-39 and DPR-48 for
Zion Nuclear Power Station (ZNPS), Units 1 and 2, respectively, and
the general license for the ZNPS independent spent fuel storage
installation (ISFSI) located in Zion, Illinois. The ZNPS licenses
are currently held by the Applicant's licensed subsidiary,
ZionSolutions, LLC, a wholly-owned special purpose subsidiary under
the Applicant, for the purpose of decommissioning the site. However,
there is a pending U.S. Nuclear Regulatory Commission (NRC, the
Commission) order approving the transfer of the ZNPS licenses from
ZionSolutions, LLC to Exelon Generation Company, LLC (Agencywide
Documents Access and Management System (ADAMS) Accession No.
ML21229A027).
Possession Only License No. DPR-73 for Three Mile
Island Nuclear Station, Unit 2 (TMI-2) located near Middletown,
Pennsylvania. The TMI-2 facility and site are owned and operated by
the Applicant's licensed subsidiary, TMI-2 Solutions, LLC, a wholly-
owned special purpose subsidiary under the Applicant, for the
purpose of decommissioning the site.
Possession Only License No. DPR-45 for La Crosse
Boiling Water Reactor (LACBWR), located on the east bank of the
Mississippi River in Vernon County, Wisconsin, and the general
license for the LACBWR ISFSI. The LACBWR licenses are currently held
by LaCrosseSolutions, LLC, a wholly-owned special purpose subsidiary
under the Applicant, for the purpose of decommissioning the site.
However, there is a pending NRC order approving the transfer of the
LACBWR licenses from LaCrosseSolutions, LLC to Dairyland Power
Cooperative (ADAMS Accession No. ML21228A107).
Renewed Facility Operating License No. DPR-43 for
Kewaunee Power Station (KPS), located in the Town of Carlton along
the coast of Lake Michigan in Kewaunee County, Wisconsin, and the
general license for the KPS ISFSI. The KPS licenses are currently
indirectly held by Dominion Nuclear Projects, Inc.; however, there
is a pending NRC order approving the transfer of the KPS licenses
from Dominion Nuclear Projects, Inc. to EnergySolutions (ADAMS
Accession No. ML22014A387).
Radioactive Materials License No. 39-35044-01 for use
at temporary job sites to support a variety of possible work scope
activities at those sites.
Export License XW010/04 for return of radioactive waste
to Canada.
Export License XW018/01 for return of radioactive waste
to Germany.
II.
By application dated December 7, 2021, as supplemented by
letters dated March 30, 2022, and April 18, 2022 (ADAMS Accession
Nos. ML21344A114, ML22091A275, and ML22110A030, respectively), the
Applicant, on behalf of itself and its wholly-owned subsidiaries,
requested that the NRC consent to the indirect transfer of control
of the Licenses, to the extent that the Licenses may be held by the
Applicant or its wholly owned subsidiaries at the time of the
indirect transfer, 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 30.34(b), 50.80, 72.50, and 110.50(d).
Specifically, the Applicant requested that the NRC consent to
the indirect transfer of control of the Licenses to support a
proposed stock purchase transaction involving the current principal
shareholders of the corporate parent company of the Applicant and
other investors. The Applicant is a wholly-owned subsidiary of
EnergySolutions Finance Holdings, LLC, which is a privately held
company whose shares are directly owned by EnergySolutions, Inc.,
which in turn is a privately held company whose shares are directly
owned by Rockwell Holdco, Inc. (Rockwell).
Rockwell is approximately 58 percent owned primarily by a number
of affiliated passive investment funds controlled by Energy Capital
Partners GP II, LP (collectively, the ECP II Partnerships). The ECP
II Partnerships are each controlled by Energy Capital Partners GP
II, LP as general partner. The general partner in turn is controlled
by Energy Capital Partners II, LLC. Collectively, these entities are
referred to as ``ECP.'' Rockwell is also approximately 40 percent
owned by passive investment funds controlled by TriArtisan ES
Partners, LLC. TriArtisan ES Partners, LLC is in turn controlled by
TriArtisan ES MM LLC, which is in turn managed by TriArtisan Capital
Advisors LLC. Collectively, these entities are referred to as the
``TriArtisan Entities.''
The indirect transfer arises from a Stock Purchase Agreement
(SPA) dated November 16, 2021. Pursuant to the SPA, a passive
investment fund established by the TriArtisan Entities, known as
TriArtisan ES Partners II LP, will acquire most of the existing
majority shareholder interest held by ECP, as well as most of the
current TriArtisan Entities' shares. As a result, TriArtisan ES
Partners II LP and the TriArtisan Entities (collectively,
TriArtisan) would own a majority shareholder interest of
approximately 88 percent and would have governance control over
Rockwell.
On January 21, 2022, the NRC published a notice of consideration
of approval of the application in the Federal Register (87 FR 3372).
The supplemental letter dated March 30, 2022, provided additional
information that expanded the scope of the application as originally
noticed and, therefore, the NRC published a notice of consideration
of approval of the application, as supplemented, in the Federal
Register on April 8, 2022 (87 FR 20889). The supplemental letter
dated April 18, 2022, provided additional information that clarified
the application and did not expand the scope of the application as
noticed. The notices provided an opportunity to comment, request a
hearing, and petition for leave to intervene on the application. One
request for a hearing on the application was filed by Eric Epstein,
on behalf of himself, on February 10, 2022 (ADAMS Accession No.
ML22041A773). This hearing request is pending before the Commission.
The NRC received no comment submissions on the license transfer
application.
In accordance with 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. In accordance with 10 CFR
72.50, no license or any part included in a license 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. In
accordance with 10 CFR 30.34, no license issued or granted pursuant
to 10 CFR part 30 nor any right under a license shall be
transferred, either voluntarily or involuntarily, directly or
indirectly, through transfer of control of any license to any
person, unless the Commission shall, after securing full
information, find that the transfer is in accordance with the
provision of the Act and shall give its consent in writing. In
accordance with 10 CFR 110.50, a specific license may be transferred
to another person only with the approval of the Commission.
Upon review of the information in the application, as
supplemented, and other information before the NRC, and relying upon
the representations and agreements contained in the application, the
NRC staff has determined that EnergySolutions is qualified to hold
the Licenses, to the extent described in the application, 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. The NRC
staff has also determined that: (1) There is reasonable assurance
that the health and safety of the public will not be endangered by
operation in the proposed manner, (2) there is reasonable assurance
that such activities will be conducted in compliance with the
Commission's regulations, and (3) the transfer will not be inimical
to the common defense and security or to the health and safety of
the public. The findings set forth above are supported by an NRC
staff safety evaluation dated May 3, 2022.
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 30.34(b),
50.80, 72.50, and 110.50(d), it is hereby ordered that the
application regarding the proposed indirect license transfer is
approved, subject to the following conditions:
[[Page 28040]]
(1) 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.
(2) If EnergySolutions does not indirectly hold Facility
Operating License Nos. DPR-39 and DPR-48 for ZNPS, Units 1 and 2,
respectively, and the general license for the ZNPS ISFSI, at the
time of the closing of the proposed indirect license transfer, then
the ZNPS licenses shall not be transferred as part of the indirect
license transfer.
(3) If EnergySolutions does not indirectly hold Possession Only
License No. DPR-45 for LACBWR, and the general license for the
LACBWR ISFSI, at the time of the closing of the proposed indirect
license transfer, then the LACBWR licenses shall not be transferred
as part of the indirect license transfer.
(4) If EnergySolutions does not indirectly hold Renewed Facility
Operating License No. DPR-43 for KPS, and the general license for
the KPS ISFSI, at the time of the closing of the proposed indirect
license transfer, then the KPS licenses shall not be transferred as
part of the indirect license transfer.
Should the proposed indirect license transfer not be completed
within one 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
Applicant and approval by the NRC.
This order is effective upon issuance.
For further details with respect to this order, see the
application dated December 7, 2021, as supplemented by letters dated
March 30, 2022, and April 18, 2022, and the associated NRC staff
safety evaluation dated May 3, 2022. 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: May 3, 2022.
For the Nuclear Regulatory Commission.
/RA/
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-09971 Filed 5-9-22; 8:45 am]
BILLING CODE 7590-01-P