[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35862-35864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09487]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-18, 50-70, 50-73, 50-183, and 70-754; NRC-2023-0191]


In the Matter of GE-Hitachi Nuclear Energy Americas, LLC and 
NorthStar Vallecitos, LLC; Vallecitos Nuclear Center; Direct Transfer 
of Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order approving the license transfer application filed by GE-Hitachi 
Nuclear Energy Americas, LLC (GEHA) and NorthStar Vallecitos, LLC 
(NorthStar Vallecitos), dated September 1, 2023, as supplemented by 
letters dated September 5, 2023, October 19, 2023, November 1, 2023, 
January 22, 2024, and March 15, 2024. Specifically, the order approves 
the direct transfer of control of Possession Only License Nos. DPR-1 
for the Vallecitos Boiling Water Reactor, TR-1 for the General Electric 
Test Reactor, R-33 for the Nuclear Test Reactor, and DR-10 for the 
Empire State Atomic Development Associates Experimental Vallecitos 
Superheat Reactor and Special Nuclear Material (SNM) License No. SNM-
960 from GEHA to NorthStar Vallecitos and the issuance of conforming 
amendments to the licenses, including license conditions.

DATES: The order was issued on April 25, 2024, and is effective for 1 
year.

ADDRESSES: Please refer to Docket ID NRC-2023-0191 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-2023-0191. 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, at 301-415-4737, 
or by email to [email protected]. The order, the NRC staff safety 
evaluation supporting the order, and the draft conforming license 
amendments are available in ADAMS under Package Accession No. 
ML24039A011.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chris Allen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-6877; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: April 26, 2024.


[[Page 35863]]


    For the Nuclear Regulatory Commission.
William Allen,
Project Manager, Reactor Decommissioning Branch, Division of 
Decommissioning, Uranium Recovery, and Waste Programs, Office of 
Nuclear Material Safety and Safeguards.

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

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of: GE-Hitachi Nuclear Energy Americas, LLC, Vallecitos 
Nuclear Center 50-183, EA-24-040 DR-10, Docket Nos.: 50-18, 50-70, 50-
73, and 70-754, License Nos.: DPR-1, TR-1, R-33, and SNM-960.

Order Approving Transfer of Licenses and Conforming License Amendments

I.

    GE-Hitachi Nuclear Energy Americas, LLC (GEHA) is the holder of 
Possession Only License No. DPR-1 for the Vallecitos Boiling Water 
Reactor, Possession Only License No. TR-1 for the General Electric Test 
Reactor, Possession Only License No. R-33 for the Nuclear Test Reactor, 
and Possession Only License No. DR-10 for the Empire State Atomic 
Development Associates Experimental Vallecitos Superheat Reactor. These 
licenses authorize GEHA to possess the nuclear material associated with 
each reactor license subject to the conditions specified therein. They 
do not authorize GEHA either to use or to operate the reactors 
associated with the licenses. These reactor facilities are located at 
the Vallecitos Nuclear Center (VNC) in Sunol, California. GEHA is also 
the holder of Special Nuclear Material (SNM) License No. SNM-960, which 
authorizes the storage of SNM at the VNC.

II.

    By application dated September 1, 2023 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML23244A247), as 
supplemented by letters dated September 5, 2023 (ML23248A232); October 
19, 2023 (ML23292A336); November 1, 2023 (ML23305A052); January 22, 
2024 (ML24022A323); and March 15, 2024 (ML24075A277), GEHA and 
NorthStar Vallecitos, LLC (NorthStar Vallecitos) (collectively, the 
Applicants) requested that the U.S. Nuclear Regulatory Commission (NRC) 
consent to the direct transfer of control of Possession Only License 
No. DPR-1 for the Vallecitos Boiling Water Reactor, Possession Only 
License No. TR-1 for the General Electric Test Reactor, Possession Only 
License No. R-33 for the Nuclear Test Reactor, Possession Only License 
No. DR-10 for the Empire State Atomic Development Associates 
Experimental Vallecitos Superheat Reactor, and SNM License No. SNM-960 
(collectively, the licenses) located at the VNC in Sunol, California. 
Specifically, the Applicants requested that the NRC consent to the 
direct transfer of GEHA's currently licensed authority to possess 
nuclear material, to maintain the VNC in a safe condition (including 
storage, control, and maintenance of all nuclear material), and to 
decommission the VNC to NorthStar Vallecitos. This license transfer 
application was submitted to the NRC for approval under Section 184, 
``Inalienability of Licenses,'' of the Atomic Energy Act of 1954, as 
amended (AEA), and Title 10 of the Code of Federal Regulations (10 CFR) 
50.80, ``Transfer of licenses''; 10 CFR 50.90, ``Application for 
amendment of license, construction permit, or early site permit''; 10 
CFR 70.34, ``Amendment of licenses''; and 10 CFR 70.36, 
``Inalienability of licenses.'' Notice of the receipt of the license 
transfer application and opportunity to comment, request a hearing, and 
petition for leave to intervene was published in the Federal Register 
on November 8, 2023 (88 FR 77113). The supplemental letters, listed 
above, contained clarifying information and did not expand the license 
transfer application beyond the scope of the original notice.
    GEHA intends to transfer its licensed possession, maintenance, and 
decommissioning authorities to NorthStar Vallecitos to expedite the 
decommissioning at the VNC. Following approval and completion of the 
proposed direct transfer of control of the licenses, NorthStar 
Vallecitos would assume licensed responsibility for the VNC through the 
transfer of GEHA's responsibility for licensed activities at the VNC to 
NorthStar Vallecitos. NorthStar Vallecitos would own the VNC facility 
as well as its associated assets and real estate, including its 
decommissioning trust fund, title to spent nuclear fuel, and rights 
under the terms of its Standard Contract for Disposal of Spent Nuclear 
Fuel and/or High-Level Radioactive Waste with the U.S. Department of 
Energy. Upon the proposed license transfer, NorthStar Vallecitos would 
assume responsibility for compliance with the current licensing basis, 
including regulatory commitments that exist at the closing of the 
transfer transaction between the Applicants, and would implement any 
changes under applicable regulatory requirements and practices. The 
Applicants also requested that the NRC impose license conditions 
relating to the management of the decommissioning trust fund, 
established for the purpose of providing decommissioning financial 
assurance for the licenses, and approve conforming administrative 
amendments to the licenses to reflect the direct transfer of the 
licenses from GEHA to NorthStar Vallecitos.
    The NRC received one public comment on the license transfer 
application. It is summarized in the NRC staff's safety evaluation of 
the license transfer application. The NRC staff reviewed the comment 
submission and considered it, as appropriate, as part of its evaluation 
of the application.
    Under 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. Under 10 CFR 70.36, no license to possess or 
use special nuclear material, 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. Upon review of the 
information in the license transfer application, as supplemented, and 
other information before the Commission, and relying upon the 
representations and agreements contained in the application, the NRC 
staff has determined that NorthStar Vallecitos is qualified to be the 
holder of the licenses, and that the direct transfer of the licenses, 
as described in the application, is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission pursuant thereto, subject to the condition set forth below.
    Upon review of the request in the license transfer application, as 
supplemented, for conforming administrative amendments to the licenses 
to reflect the direct transfer of the licenses, the NRC staff has 
determined the following:
    (1) The application for amendments complies with the standards and 
requirements of the AEA and the Commission's rules and regulations set 
forth in 10 CFR Chapter I.
    (2) 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

[[Page 35864]]

conducted in compliance with the Commission's regulations.
    (3) The issuance of the amendments will not be inimical to the 
common defense and security or to the health and safety of the public.
    (4) The issuance of the amendments is in accordance with 10 CFR 
part 51, ``Environmental Protection Regulations for Domestic Licensing 
and Related Regulatory Functions,'' of the Commission's regulations, 
and all applicable requirements have been satisfied.
    The findings set forth above are supported by an NRC staff safety 
evaluation dated April 25 2024, which is available at ML24039A011.

III.

    Accordingly, under Sections 161b, 161i, 161o, and 184 of the AEA; 
42 U.S.C. 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, 10 CFR 
50.90, 10 CFR 70.34, and 10 CFR 70.36, IT IS HEREBY ORDERED that the 
application for the direct transfer of the licenses from GEHA to 
NorthStar Vallecitos, as described herein, is approved subject to the 
following condition:

Prior to the closing of the license transfer transaction, NorthStar 
Vallecitos, LLC shall provide the Director of the NRC's Office of 
Nuclear Material Safety and Safeguards (NMSS) satisfactory documentary 
evidence that it has obtained, or will have obtained upon the closing 
of the transaction, the appropriate amount of insurance under 10 CFR 
part 140 and 10 CFR 50.54(w), as applicable.

    It is further ordered that, consistent with 10 CFR 2.1315(b), the 
license amendments that make changes, as indicated in Enclosures 2 
through 7 to the letter transmitting this Order, to reflect the subject 
direct license transfer are approved. The amendments shall be issued 
and made effective at the time the license transfer transaction is 
completed.
    It is further ordered that NorthStar Vallecitos shall, at least 2 
business days before the planned closing of the license transfer 
transaction, inform the Director of NMSS in writing of the planned 
closing date. Should the proposed transfer not be completed within 1 
year of this Order's date of issuance, 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 condition of this 
Order may be amended upon application by the Applicants and approval by 
the NRC.
    This Order is effective upon issuance.
    For further details with respect to this Order, see the license 
transfer application dated September 1, 2023, as supplemented on 
September 5, 2023; October 19, 2023; November 1, 2023; January 22, 
2024; and March 15, 2024, and the associated NRC staff safety 
evaluation dated April 25 2024, which are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike, Rockville, Maryland. 
Publicly available documents are accessible electronically through 
ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. 
Persons who encounter problems with ADAMS should contact the NRC's PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].

    Dated: April 25, 2024.

    For The Nuclear Regulatory Commission.

/RA/
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John W. Lubinski, Director,

Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2024-09487 Filed 5-1-24; 8:45 am]
BILLING CODE 7590-01-P