[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67511-67513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24368]
[[Page 67511]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387, 50-388, and 72-028; NRC-2022-0185]
Susquehanna Steam Electric Station, Units 1 and 2 and Associated
Independent Spent Fuel Storage Installation; Consideration of Approval
of Indirect Transfer of Licenses and Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of licenses and conforming
amendments; opportunity to comment, request a hearing, and petition for
leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
received and is considering approval of an application filed by
Susquehanna Nuclear, LLC (Susquehanna Nuclear) on September 29, 2022,
as supplemented by letter dated October 28, 2022. The application seeks
NRC approval of the indirect transfer of Renewed Facility Operating
License Nos. NPF-14 and NPF-22 for Susquehanna Steam Electric Station
(Susquehanna), Units 1 and 2, respectively, and the general license for
the Susquehanna independent spent fuel storage installation (ISFSI) as
a result of the restructuring of Talen Energy Corporation, an indirect
parent of Susquehanna Nuclear, as a reorganized company yet to be named
(referred to as ``Reorganized Talen''). The NRC is also considering
amending the renewed facility operating licenses for administrative
purposes to reflect the proposed transfer. The application and
supplement contain sensitive unclassified non-safeguards information
(SUNSI).
DATES: Submit comments by December 8, 2022. A request for a hearing or
petitions for leave to intervene must be filed by November 28, 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: 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-2022-0185. 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.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. Eastern Time (ET),
Monday through Friday, except Federal holidays.
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: Audrey Klett, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0489; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0185 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-2022-0185.
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 application dated September 29,
2022, is available in ADAMS under Accession No. ML22272A604. The
supplement dated October 28, 2022, is available in ADAMS under
Accession No. ML22301A205.
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-2022-0185 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 Renewed Facility Operating
License Nos. NPF-14 and NPF-22 for Susquehanna, Units 1 and 2,
respectively, and the general license for the Susquehanna ISFSI as a
result of the restructuring of Talen Energy Corporation as Reorganized
Talen. The NRC is also considering amending the renewed facility
operating licenses for administrative purposes to reflect the proposed
transfer.
According to the application filed by Susquehanna Nuclear,
Susquehanna Nuclear is a direct, wholly owned subsidiary of Talen
Energy Supply, which is a direct, wholly owned subsidiary of Talen
Energy Corporation, the stock of which is held by affiliates of
Riverstone Holdings, LLC (Riverstone). Talen Energy Supply and
[[Page 67512]]
certain of its subsidiaries (collectively, the Debtors) each filed a
voluntary case under chapter 11 of title 11 of the United States Code
in the United States Bankruptcy Court for the Southern District of
Texas and executed a restructuring support agreement. The Debtors filed
a joint plan of reorganization. Under the terms of this plan, the
Debtors and Talen Energy Corporation intend to pursue a comprehensive
restructuring. The expectation is that, at the conclusion of the
proposed transactions, Susquehanna Nuclear will continue to be directly
owned by Talen Energy Supply, which will, in turn, either be, or be
directly owned by, Reorganized Talen, and no other changes to the
ownership or control of Susquehanna Nuclear will occur in the
restructuring. NRC consent to the indirect transfer of control of the
Susquehanna licenses will be required prior to consummating the
transactions contemplated by the reorganization plan.
According to the application, the proposed transactions do not
involve any change to Susquehanna Nuclear's continued operation or its
ownership of Susquehanna and do not involve any physical changes in
Susquehanna or any changes to the conduct of operations at Susquehanna.
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 amendments, 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 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 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. If a petition is filed, the Commission or a presiding officer
will rule on the petition and, if appropriate, a notice of a hearing
will be issued.
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 designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 20 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or designated agency thereof, may participate as a non-
party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
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's public 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/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
[[Page 67513]]
the E-Filing system no later than 11:59 p.m. ET on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps 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., ET, Monday through Friday, except Federal 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
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as 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 September 29, 2022, and its supplement dated October
28, 2022.
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 Ms. Melisa Krick, Manager--
Nuclear Regulatory Affairs, at (570) 542-1818 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: November 3, 2022.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing Branch 1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2022-24368 Filed 11-7-22; 8:45 am]
BILLING CODE 7590-01-P