[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64493-64496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17332]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-255 and 72-007; NRC-2024-0128]


Holtec Decommissioning International, LLC, Holtec Palisades, LLC, 
and Palisades Energy, LLC; Palisades Nuclear Plant and the Palisades 
Independent Spent Fuel Storage Installation; Consideration of Approval 
of Transfer of Licenses and Conforming Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for direct transfer of license; opportunity to 
comment, request a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed on December 6, 2023, by 
Holtec Decommissioning International, LLC (HDI), on behalf of itself, 
Holtec Palisades, LLC, and Palisades Energy, LLC (collectively, the 
Applicants), regarding the proposed transfer of control of Renewed 
Facility Operating License (RFOL) No. DPR-20 for the Palisades Nuclear 
Plant (PNP) and the general license for the Palisades Independent Spent 
Fuel Storage Installation (ISFSI). HDI and Holtec Palisades, LLC, are 
the current license holders. The application seeks NRC approval of the 
direct transfer of control of PNP RFOL No. DPR-20 and the Palisades 
ISFSI general license from HDI to Palisades Energy, LLC (the proposed 
new licensed operator). The NRC is also considering amending the RFOL 
for administrative purposes to reflect the proposed transfer. The 
application contains sensitive unclassified non-safeguards information 
(SUNSI).

DATES: Submit comments by September 6, 2024. A request for a hearing 
must be filed by August 27, 2024. Any person who has requested, or who 
may intend to request, a hearing or petition to intervene in this 
proceeding, 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-2024-0128. 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) 
Federal workdays; telephone: 301-415-1677.
    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: Marlayna Doell, 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:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0128 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-2024-0128.
     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)

[[Page 64494]]

reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
[email protected]. The license transfer application dated December 
6, 2023, and supplemental letter dated May 23, 2024, are available in 
ADAMS under Accession Nos. ML23340A161 and ML24144A106, respectively.
     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.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2024-0128 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

A. Background

    PNP consists of a single pressurized-water reactor located in 
Covert Township, Michigan, along the shoreline of Lake Michigan. 
Originally licensed for operation on March 24, 1971, the NRC issued a 
renewed operating license for PNP on January 17, 2007, with the renewed 
operating license term expiring on March 24, 2031.
    On June 13, 2022, Entergy Operations, Inc., the licensee who 
operated the facility prior to transfer of control of the PNP license 
to HDI and Holtec Palisades, LLC, submitted certifications that it had 
permanently ceased operations of PNP and permanently removed fuel from 
the reactor vessel in accordance with paragraph 50.82(a)(1) of title 10 
of the Code of Federal Regulations (10 CFR). When the NRC docketed the 
certifications, the PNP RFOL No. DPR-20 no longer authorized operation 
of the reactor, or emplacement or retention of fuel into the reactor 
vessel, as provided by 10 CFR 50.82(a)(2).
    HDI is seeking to return PNP to power operations and has submitted 
several requests for NRC approval to support allowing the resumption of 
power operations through March 24, 2031, the end of the renewed 
facility operating license term under PNP RFOL No. DPR-20. These 
requests include the license transfer application, which is the subject 
of this notice, and four license amendment requests. The hearing 
opportunity for the four license amendment requests is being addressed 
by a separate notice published in today's issue of the Federal 
Register.

B. Transfer Request

    The NRC is considering the issuance of an order under 10 CFR 50.80 
approving the direct transfer of control of RFOL No. DPR-20 for PNP and 
the general license for the Palisades ISFSI, from HDI to Palisades 
Energy, LLC, which would be the new licensed operator. The application 
states that this proposed transfer of operating authority would be 
conditioned on HDI's receipt of the NRC approvals necessary to resume 
full-power operation of PNP. Thus, implementation of the proposed 
direct transfer of control of the license, would make Palisades Energy, 
LLC, responsible for the operation and maintenance of PNP as licensed 
for full-power reactor operation. The proposed transfer would also 
involve the issuance of a conforming license amendment.
    According to the application, HDI is requesting NRC approval to 
transfer operational authority to Palisades Energy, LLC, and to vest in 
Palisades Energy, LLC, exclusive control of operation and maintenance 
of PNP. Palisades Energy, LLC, is an indirect, wholly owned subsidiary 
of Holtec International, formed, staffed, and resourced by Holtec 
International specifically for power operations of PNP. As described in 
the application, Palisades Energy, LLC, will be resourced with the 
appropriate operational experience and the programmatic expertise to 
conduct licensed power operations activities at PNP. Holtec Palisades, 
LLC, will remain the licensed owner, the beneficiary of the PNP 
decommissioning trust fund, and the party to the Standard Contract for 
Disposal of Spent Nuclear Fuel. No changes are being made to the Big 
Rock Point license, which will remain owned by Holtec Palisades, LLC, 
and operated by HDI. No physical changes to the Palisades Nuclear Plant 
or Palisades ISFSI are being proposed in the transfer application.
    The scope of this notice is limited to comments, requests for a 
hearing, and petitions for leave to intervene related to the proposed 
direct transfer of control of the PNP RFOL No. DPR-20 and the Palisades 
ISFSI general license from HDI to Palisades Energy, LLC. The four 
license amendment requests associated with potential reauthorization of 
power operations at PNP are available for comment, as well as the 
opportunity to request a hearing and petition for leave to intervene, 
in a separate notice published in today's issue of the Federal 
Register.
    The NRC staff also notes that, although the transfer application 
states that a categorical exclusion applies to the proposed transfer, 
the NRC staff is not relying on a categorical exclusion for this action 
but is instead preparing an environmental assessment (EA) to evaluate 
the environmental impacts from the proposed Federal actions related to 
reauthorizing power operations at PNP, which include the proposed 
license transfer. The NRC's decision to prepare an EA and additional 
detail about the environmental review are discussed in the NRC's notice 
of intent to prepare an EA and conduct scoping, published on June 27, 
2024 (89 FR 53659).
    The NRC's regulations at 10 CFR 50.80 state that no license for a 
production or utilization facility, 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 transfer of a license if 
the Commission determines that the proposed transferee is qualified 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 amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended, 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 to the

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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 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 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 in 
adjudicatory proceedings is located in the ``Electronic Information 
Exchange System Adjudicatory User's Guide'' (ADAMS Accession No. 
ML23150A083) 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 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 a.m. 
and 6 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 
presiding officer. If you do not have an NRC-

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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 docket 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 6, 2023 (ADAMS Accession No. ML23340A161), 
as supplemented on May 23, 2024 (ADAMS Accession No. ML24144A106).

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 Jason Day, HDI General 
Counsel, at 856-797-0900, extension 3688, or [email protected] 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: August 1, 2024.

    For the Nuclear Regulatory Commission.
Jeffrey A. Whited,
Chief, Plant Licensing Branch 3, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-17332 Filed 8-6-24; 8:45 am]
BILLING CODE 7590-01-P