[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51326-51328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20869]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-382; License No. NPF-38; NRC-2014-0258]
In the Matter of Entergy Louisiana, LLC; Waterford Steam Electric
Station, Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct and indirect transfer of license; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order to permit the direct transfer of Facility Operating License No.
NPF-38 for Waterford Steam Electric Station, Unit 3 (Waterford), to a
newly formed limited liability company named Entergy Louisiana, LLC.
The new owner licensee has the same name as the previous owner
licensee. In addition, the applicants requested the NRC's consent to
approve an associated indirect license transfer of Waterford to the
extent that such indirect transfer would be affected by a new
intermediary holding company. Entergy Corporation will remain as the
ultimate parent company, but a new intermediate company, Entergy
Utility Holding Company, LLC, a Texas limited liability company, will
be the direct parent company of the newly formed Entergy Louisiana,
LLC.
DATES: The Order was issued on August 14, 2015, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2014-0258 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0258. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then
[[Page 51327]]
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 that document
is available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Alan B. Wang, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1445; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland this 14 day of August, 2015.
For the Nuclear Regulatory Commission.
A. Louise Lund,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
Attachment--Order Approving Direct and Indirect Transfers of License
United States of America Nuclear Regulatory CommissionIn the Matter of
Entergy Louisiana, LLC; Waterford Steam Electric Station, Unit 3 Docket
No. 50-382, License No. NPF-38Order Approving Direct and Indirect
Transfers of License
I
Entergy Louisiana, LLC (ELL) and Entergy Operations, Inc. (EOI)
(the licensees), are co-holders of Facility Operating License (FOL) No.
NPF-38 for the Waterford Steam Electric Station, Unit 3 (Waterford).
ELL is the licensed owner, and EOI is licensed operator and is
authorized to possess, use, and operate Waterford, which is located in
St. Charles Parish, Louisiana.
Entergy Gulf States Louisiana, L.L.C. (EGSL) and EOI (the
licensees), are co-holders of FOL No. NPF-47 for the River Bend
Station, Unit No. 1 (RBS). EGSL is the licensed owner, and EOI is the
licensed operator and is authorized to possess, use, and operate RBS
which is located in West Feliciana Parish, Louisiana.
II
By application dated June 10, 2014, as supplemented by letters
dated October 9, 2014, December 31, 2014, and January 30, 2015, EOI
requested on behalf of itself, ELL, EGSL, and their parent companies
(together, the Applicants), under Section 50.80, ``Transfer of
licenses,'' of Title 10 of the Code of Federal Regulations (10 CFR),
that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct
transfers of the operating licenses for Waterford and RBS to a new
limited liability company named Entergy Louisiana, LLC. The newly
formed company has maintained the same name as the current owner of
Waterford; Entergy Louisiana, LLC. (To distinguish between the two
companies, ``ELL'' will only be used when referencing the current owner
of Waterford.) In addition, the Applicants requested the NRC's consent
to the associated indirect license transfers of RBS and Waterford due
to the creation of a new intermediary holding company. The license
transfers are necessary to support the corporate reorganization to
permit the combination of the assets and liabilities of two utility
operating companies, which are subsidiaries of Entergy Corporation
(Entergy). Entergy will remain as the ultimate parent company, but a
new intermediate company, Entergy Utility Holding Company, LLC, a Texas
limited liability company, will become the direct parent company of the
newly formed Entergy Louisiana, LLC. When the transactions are
completed, the newly formed Entergy Louisiana, LLC will acquire 100
percent ownership of RBS and Waterford. EOI will remain responsible for
the operation and maintenance of RBS and Waterford. The transaction
will also result in the transfer of the general license for the
Waterford independent spent fuel storage installation held by the
Applicants under 10 CFR Part 50.
No physical changes to the Waterford facility or operational
changes are being proposed in the application.
Approval of the direct and indirect license transfers of the FOLs
was requested by EOI, acting on behalf of ELL, as well as their parent
companies and itself. A notice entitled, ``River Bend Station, Unit 1,
and Waterford Steam Electric Station, Unit 3; Consideration of Approval
of Transfer of License and Conforming Amendment,'' was published in the
Federal Register on December 3, 2014 (79 FR 71803). The NRC has
received two comments from the public. No hearing requests or petitions
to intervene were received.
Under 10 CFR 50.80, 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. Upon
review of the information in the licensees' application, and other
information before the Commission, relying upon the representations and
agreements contained in the application, the NRC staff has determined
that the newly formed Entergy Louisiana, LLC, is qualified to acquire
and directly hold the ownership interest under FOL No. NPF-38 for
Waterford as described in the application, and has further determined
that both the direct and indirect transfers of control of the subject
license, as described in the application, are otherwise consistent with
the applicable provisions of law, regulations, and orders issued by the
NRC, pursuant thereto, subject to the conditions set forth below.
The findings set forth above are supported by a safety evaluation
dated August 14, 2015.
III
Accordingly, under Sections 161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. Sections 2201(b), 2201(i),
2201(o), and 2234; and 10 CFR 50.80, it is hereby ordered that the
application for the direct and indirect license transfers related to
the proposed corporate restructuring, in connection with the merger of
EGSL and ELL is approved, subject to the following condition:
1. Before completion of the proposed transaction, Entergy
Operations, Inc. shall provide the Director of the Office of Nuclear
Reactor Regulation satisfactory documentary evidence that the newly
formed Entergy Louisiana, LLC has obtained the appropriate amount of
insurance required of the licensees under 10 CFR Part 140, ``Financial
Protection Requirements and Indemnity Agreements,'' of the Commission's
regulations.
It is further ordered that after receipt of all required regulatory
approvals of the proposed direct transfer action, EOI shall inform the
Director of the Office of Nuclear Reactor Regulation in writing of such
receipt, and of the date of closing, no later than 1 business day
before the closing of the direct transfer. Should the proposed direct
transfer not be completed within 1 year of this Order's date of
issuance, this Order shall become null and void. However, upon written
application and good cause shown, such date may be extended by Order.
This Order is effective upon issuance.
For further details with respect to this Order, see the initial
application dated June 10, 2014 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML14161A698), as supplemented
by letters dated October 9, 2014, December 31, 2014, and January 30,
2015 (ADAMS
[[Page 51328]]
Accession Nos. ML15154B588, ML14365A404, and ML15030A495,
respectively), and the safety evaluation dated the same date as this
Order (ADAMS Accession No. ML15138A440), which are available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852. Publicly available documents
created or received at the NRC are accessible electronically through
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC PDR
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by
email to [email protected].
Dated at Rockville, Maryland this 14 day of August 2015.
For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-20869 Filed 8-21-15; 8:45 am]
BILLING CODE 7590-01-P