[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20889-20892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07506]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295, 50-304, 72-1037, 50-320, 50-409, 72-046, 50-305,
72-064, 030-39013, 11005620, and 11005897; NRC-2022-0092]
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; Consideration of Approval of
Indirect Transfer of Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of licenses; 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 a license transfer application
filed by EnergySolutions, LLC (EnergySolutions) on December 7, 2021, as
supplemented by letter dated March 30, 2022. The application seeks NRC
approval of the indirect transfer of Facility Operating License Nos.
DPR-39 and DPR-48 for Zion Nuclear Power Station (Zion), 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 (TMI-2); Possession Only
License No. DPR-45 for La Crosse Boiling Water Reactor (La Crosse) and
the general license for the La Crosse ISFSI; Renewed Facility Operating
License No. DPR-43 for Kewaunee Power Station (KPS) and the general
license for the KPS ISFSI; Radioactive Materials License No. 39-35044-
01; and Export Licenses XW010/04 and XW018/01, to the extent that these
licenses may be held by EnergySolutions or its wholly owned
subsidiaries at the time of the indirect transfer, from the current
principal shareholders of the EnergySolutions parent company Rockwell
Holdco, Inc. (Rockwell) and other investors to a majority ownership by
TriArtisan ES Partners II LP, established by TriArtisan ES Partners,
LLC, TriArtisan ES MM LLC, and TriArtisan Capital Advisors LLC
(collectively, TriArtisan). The application contains sensitive
unclassified non-safeguards information (SUNSI).
DATES: Comments must be filed by May 9, 2022. A request for a hearing
must be filed by April 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-2022-0092. 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.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Jack D. Parrott, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6634, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0092 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-2022-0092.
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, as supplemented, is
available in
[[Page 20890]]
ADAMS under Package Accession No. ML21344A114 and Accession No.
ML22091A275, respectively.
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-2022-0092 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
30.34(b), 50.80, 72.50, and 110.50(d) approving the indirect transfer
of control of Facility Operating License Nos. DPR-39 and DPR-48 for
Zion, Units 1 and 2, respectively, and the general license for the Zion
ISFSI; Possession Only License No. DPR-73 for TMI-2; Possession Only
License No. DPR-45 for La Crosse and the general license for the La
Crosse ISFSI; Renewed Facility Operating License No. DPR-43 for KPS and
the general license for the KPS ISFSI; Radioactive Materials License
No. 39-35044-01; and Export Licenses XW010/04 and XW018/01, to the
extent that these licenses may be held by EnergySolutions or its wholly
owned subsidiaries at the time of the indirect transfer, from the
current principal shareholders of the EnergySolutions parent company
Rockwell and other investors to a majority ownership by TriArtisan.
Rockwell is currently approximately 58 percent owned and controlled by
passive investment funds affiliated with Energy Capital Partners GP II,
LP and approximately 40 percent owned by passive investment funds
affiliated with TriArtisan. As described in the application, as
supplemented, through the proposed transaction, passive investment
funds affiliated with TriArtisan would acquire majority ownership of
Rockwell and governance control.
According to the application, as supplemented, EnergySolutions and
its wholly owned subsidiaries that hold or may potentially hold the
referenced NRC licenses will maintain responsibility for all licensed
activities at the facilities, including the responsibility to complete
decommissioning and carry out spent nuclear fuel management in
accordance with NRC regulations, and the proposed transaction would not
affect their organizations or operations, nor would it have any
material impact on their existing technical and financial
qualifications.
The NRC's regulations at 10 CFR 30.34(b), 50.80, and 72.50 provide
that no license, or any right under the license, shall be transferred,
either voluntarily or involuntarily, directly or indirectly, through
transfer of control of the license, unless the Commission gives its
consent in writing. The NRC's regulations at 10 CFR 110.50(d) state
that a specific export license may be transferred only with the
approval of the Commission. 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.
There is a pending NRC order approving the transfer of the Zion
licenses from the EnergySolutions subsidiary, ZionSolutions, LLC, to
Exelon Generation Company, LLC. There is also a pending NRC order
approving the transfer of the KPS licenses from the indirect holder of
those licenses, Dominion Nuclear Projects, Inc., to EnergySolutions.
Therefore, by letter dated March 30, 2022, EnergySolutions clarified
that any order approving the proposed indirect license transfer should
include approval of the transfer of control of the KPS licenses even
though they may not be held by EnergySolutions' subsidiary Kewaunee
Solutions, Inc. at the time of the indirect transfer. Similarly,
EnergySolutions clarified that any order approving the proposed
indirect license transfer should include approval of the transfer of
control of the Zion licenses even though they may not be held by
EnergySolutions' subsidiary ZionSolutions, LLC at the time of the
indirect transfer. To account for the fact that these licenses may not
be indirectly held by EnergySolutions at the time of the proposed
indirect license transfer, EnergySolutions proposed that any order
approving the indirect license transfer be subject to conditions to
address these circumstances.
On January 21, 2022, the NRC published a notice of consideration of
approval of the application in the Federal Register (87 FR 3372). One
request for a hearing on the application was filed and is pending
before the Commission; no comments were filed. The supplemental letter
dated March 30, 2022, provided additional information that expanded the
scope of the application as originally noticed and, therefore, the NRC
is publishing a notice of consideration of approval of the application,
as supplemented.
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
[[Page 20891]]
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 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
discussed below, 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 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. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system timestamps 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., Eastern Time, Monday through Friday, excluding government
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-issued digital ID
certificate as described above, 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 December 7, 2021 (ADAMS Package Accession No.
ML21344A114), as supplemented by letter dated March 30, 2022 (ADAMS
Accession No. ML22091A275).
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 Gerard P. van Noordennen,
Senior Vice President Regulatory Affairs, EnergySolutions, LLC, 121
West Trade Street, Charlotte, North Carolina 28202, at 860-462-9707 for
the purpose of negotiating a
[[Page 20892]]
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: April 5, 2022.
For the Nuclear Regulatory Commission.
Zahira L. Cruz Perez,
Acting Chief, Reactor Decommissioning Branch, Division of
Decommissioning Uranium Recovery and Waste Programs, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2022-07506 Filed 4-7-22; 8:45 am]
BILLING CODE 7590-01-P