76626 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 

available to those affected licensees and 

stakeholders who have an established 

need-to-know for access to the RG. The 

NRC did not announce the availability 

of the draft RG for public comment 

because the guide contains SGI and 

Official Use Only-Security Related 

information. Nonetheless, the NRC is 

issuing this notice to inform the public 

of the issuance of this revision to the 

RG. 

On September 17, 2020, the NRC 

issued a memorandum (ADAMS 

Accession No. ML20258A250) 

transmitting the draft regulatory guide 

for comment to stakeholders who have 

an established need-to-know for access 

to the document. The stakeholders’ 

comment period closed on October 23, 

2020. The NRC received 13 comments 

from stakeholders. The comments and 

the associated agency responses are 

available to the public in ADAMS under 

Accession No. ML20325A209. 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Backfitting, Forward Fitting, and 

Issue Finality 

Revision 1 of RG 5.76 provides 

applicants or licensees with guidance to 

meet the requirements set forth in 10 

CFR 73.55. Licensees are not required to 

comply with the positions set forth in 

this regulatory guide. Therefore, 

issuance of this RG does not constitute 

backfitting as defined in 10 CFR 50.109, 

‘‘Backfitting,’’ and as described in 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests;’’ constitute forward fitting as 

that term is defined and described in 

MD 8.4; or affect issue finality of any 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certificates, and Approvals 

for Nuclear Power Plants.’’ As explained 

in Section D., ‘‘Implementation,’’ of the 

regulatory guide, the NRC staff does not 

intend to use the guidance in this 

regulatory guide to support NRC staff 

actions in a manner that would 

constitute backfitting or forward fitting. 

If, in the future, the NRC seeks to 

impose a position in this regulatory 

guide in a manner that constitutes 

backfitting or forward fitting or affects 

the issue finality for a 10 CFR part 52 

approval, then the NRC will address the 

backfitting provision in 10 CFR 50.109, 

the forward fitting provision of MD 8.4, 

or the applicable issue finality provision 

in 10 CFR part 52 respectively. 

Dated: November 23, 2020. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2020–26273 Filed 11–27–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–003, 50–247, 50–286, and 

72–051; NRC–2020–0021] 

In the Matter of Entergy Nuclear 

Operations, Inc.; Entergy Nuclear 

Indian Point 2, LLC; Entergy Nuclear 

Indian Point 3, LLC; Holtec 

International and Holtec 

Decommissioning International, LLC; 

Indian Point Nuclear Generating Unit 

Nos 1, 2, and 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Transfer of licenses; order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an Order 

approving the transfer of Provisional 

Operating License No. DPR–5 for Indian 

Point Nuclear Generating Station, Unit 

No. 1 (IP1); Renewed Facility Operating 

License Nos. DPR–26 and DPR–64 for 

Indian Point Nuclear Generating Unit 

Nos. 2 and 3, respectively, (collectively, 

with IP1, the Indian Point Energy Center 

(IPEC)); and the general license for the 

IPEC independent spent fuel storage 

installation to Holtec International 

(Holtec) subsidiaries. The Holtec 

subsidiaries would be known as Holtec 

Indian Point 2, LLC (Holtec IP2) and 

Holtec Indian Point 3, LLC (Holtec IP3). 

The Order also approves the transfer of 

operating authority from the currently 

licensed operator, Entergy Nuclear 

Operations, Inc. (ENOI), to Holtec 

Decommissioning International, LLC 

(HDI). The NRC is also issuing 

conforming amendments for the facility 

operating licenses for administrative 

purposes to reflect the transfer of the 

licenses from ENOI to HDI and the 

planned name change for Entergy 

Nuclear Indian Point 2, LLC and Entergy 

Nuclear Indian Point 3, LLC to Holtec 

IP2 and Holtec IP3, respectively. 

DATES: The Order was issued on 

November 23, 2020, and is effective for 

1 year. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0021 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document by 

using any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0021. Address 

questions about Docket IDs in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. 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, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The license transfer Order, the 

NRC safety evaluation supporting the 

staff’s findings, and the conforming 

license amendments are available in 

ADAMS Package Accession No. 

ML19170A147. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard V. Guzman, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1030, email: Richard.Guzman@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: November 23, 2020. 

For the Nuclear Regulatory Commission. 

Richard V. Guzman, 

Senior Project Manager, Plant Licensing 

Branch I, Division of Operator Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

Attachment—Order Approving 

Transfer of Licenses and Approving 

Conforming Amendments 

United States of America 

Nuclear Regulatory Commission 

In the Matter of: Entergy Nuclear 

Operations, Inc., Entergy Nuclear Indian 

Point 2, LLC, Entergy Nuclear Indian 

Point 3, LLC; Indian Point Nuclear 

Generating Station, Unit Nos. 1, 2, and 

3 and ISFSI, EA–20–142 

Docket Nos. 50–003, 50–247, 50–286, 

and 72–051 

License Nos. DPR–5, DPR–26, and DPR– 

64 


TKELLEY on DSKBCP9HB2PROD with NOTICES
Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 76627 

Order Approving Transfer of Licenses 

and Draft Conforming Administrative 

License Amendments 

I. 

Entergy Nuclear Operations, Inc. 

(ENOI); Entergy Nuclear Indian Point 2, 

LLC; and Entergy Nuclear Indian Point 

3, LLC are the holders of the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission) Provisional Operating 

License No. DPR–5 for Indian Point 

Nuclear Generating Station, Unit No. 1 

(IP1); Renewed Facility Operating 

License Nos. DPR–26 and DPR–64 for 

Indian Point Nuclear Generating 

Station, Unit Nos. 2 and 3, respectively 

(IP2 and IP3) (collectively, with IP1, the 

Indian Point Energy Center (IPEC)); and 

the general license for the IPEC 

independent spent fuel storage 

installation (ISFSI) (collectively, the 

IPEC licenses). IP1 permanently ceased 

operations on October 31, 1974; IP2 

permanently ceased operations on April 

30, 2020; and ENOI has certified to the 

NRC its decision to permanently cease 

operations at IP3 by April 30, 2021. The 

IPEC is located in Buchanan, New York, 

in Westchester County, on the east bank 

of the Hudson River. 

II. 

By application dated November 21, 

2019 (Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML19326B953), as 

supplemented by information provided 

in letters from Holtec Decommissioning 

International, LLC (HDI) dated 

December 19, 2019; January 17, 2020; 

February 12, 2020; and August 7, 2020 

(ADAMS Accession Nos. 

ML19354A698, ML20017A290, 

ML20043C539, and ML20220A666, 

respectively), ENOI, on behalf of itself; 

Entergy Nuclear Indian Point 2, LLC; 

Entergy Nuclear Indian Point 3, LLC; 

Holtec International (Holtec); and HDI 

(collectively, the Applicants), requested, 

pursuant to Section 184, ‘‘Inalienability 

of Licenses,’’ of the Atomic Energy Act 

of 1954, as amended (AEA), and 

Sections 50.80, ‘‘Transfer of licenses,’’ 

and 72.50, ‘‘Transfer of license,’’ of Title 

10 of the Code of Federal Regulations 

(10 CFR), that the NRC consent to the 

transfer of control of the IPEC licenses 

to Holtec subsidiaries. The Holtec 

subsidiaries would be known as Holtec 

Indian Point 2, LLC (Holtec IP2) and 

Holtec Indian Point 3, LLC (Holtec IP3). 

The Applicants also requested that the 

NRC consent to the transfer of ENOI’s 

operating authority (i.e., its authority to 

conduct licensed activities at the IPEC) 

to HDI. Finally, the Applicants 

requested that the NRC approve 

conforming administrative amendments 

to the IPEC licenses to reflect the 

proposed license transfer and to delete 

certain license conditions to reflect the 

satisfaction and termination of certain 

obligations after the license transfer 

pursuant to 10 CFR 50.90, ‘‘Application 

for amendment of license, construction 

permit, or early site permit.’’ 

Upon an NRC approval of the license 

transfer application and the 

consummation of the proposed transfer 

transaction, Holtec IP2 would be the 

licensed owner for IP1 and IP2 and 

Holtec IP3 would be the licensed owner 

for IP3. Holtec IP2 and Holtec IP3 would 

also respectively own each unit’s 

associated assets and real estate, 

including each unit’s decommissioning 

trust fund, title to spent nuclear fuel, 

and rights pursuant to the terms of the 

Standard Contract for Disposal of Spent 

Nuclear Fuel and/or High-Level 

Radioactive Waste with the U.S. 

Department of Energy. A wholly-owned 

subsidiary of Holtec, Nuclear Asset 

Management Company, LLC, would 

acquire all equity interests in the parent 

companies owning the three units and 

would emerge as the direct parent 

company owner of both Holtec IP2 and 

Holtec IP3. 

Holtec IP2 and Holtec IP3 would enter 

into an operating agreement for 

decommissioning services with HDI, 

which would act as their agent, and 

Holtec IP2 and Holtec IP3 would pay for 

HDI’s decommissioning, spent fuel 

management, and site restoration costs 

incurred at the IPEC; HDI would be the 

licensed operator for the IPEC. HDI 

would assume responsibility for 

compliance with NRC regulations and 

the current licensing basis, including 

regulatory commitments that exist at the 

consummation of the proposed transfer 

transaction, and would implement any 

changes under applicable regulatory 

requirements and practices. 

Comprehensive Decommissioning 

International, LLC, a general contractor 

to HDI, would perform day-to-day 

activities at the IPEC, including 

decommissioning activities, pursuant to 

a general contractor agreement between 

it and HDI, subject to HDI’s direct 

oversight and control as the licensed 

operator. 

Nuclear Asset Management Company, 

LLC and HDI would be direct, whollyowned subsidiaries of Holtec Power, 

Inc., which is a direct, wholly-owned 

subsidiary of Holtec. 

The NRC published the notice of 

consideration of approval of the license 

transfer application and of 

consideration of amending the licenses 

to reflect the proposed transfer in the 

Federal Register on January 23, 2020 

(85 FR 3947). This notice provided an 

opportunity to request a hearing within 

20 days and an opportunity to comment 

within 30 days. The comment period 

was extended on February 19, 2020 (85 

FR 9486), for an additional 30 days. 

In response, on February 11, 2020, the 

Safe Energy Rights Group, Inc. (ADAMS 

Accession No. ML20042C984) and, on 

February 12, 2020, the State of New 

York (ADAMS Accession No. 

ML20043E118); the Town of Cortlandt, 

Village of Buchanan, and Hendrick 

Hudson School District (ADAMS 

Accession No. ML20043F054); and 

Riverkeeper, Inc. (ADAMS Accession 

No. ML20043F530) each filed separate 

hearing requests. These hearing requests 

are pending before the Commission. The 

NRC also received over 400 comment 

submissions, which the NRC staff listed 

and summarized in its safety evaluation 

related to the license transfer 

application. The staff reviewed the 

hearing requests and comment 

submissions and considered them as 

part of its evaluation of the application. 

The letter from HDI dated February 

12, 2020, requested, in support of the 

license transfer application, an 

exemption from 10 CFR 50.82(a)(8)(i)(A) 

and 10 CFR 50.75(h)(1)(iv) to allow the 

use of funds from the IP1, IP2, and IP3 

decommissioning trust funds for spent 

fuel management and site restoration 

activities at the IPEC and to allow 

disbursements from the IP1, IP2, and 

IP3 decommissioning trust funds for 

these activities to be made without prior 

notice, similar to withdrawals in 

accordance with 10 CFR 50.82(a)(8). 

Separate from this Order, the NRC staff 

reviewed and approved the exemption 

request (ADAMS Accession No. 

ML20309A788). The staff is issuing its 

approval of the exemption request 

concurrent with its approval of the 

license transfer application; the 

exemption is effective immediately, but 

will only apply to Holtec IP2, Holtec 

IP3, and HDI if and when the proposed 

transfer transaction is consummated. 

Pursuant to 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. 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 Holtec IP2, 

Holtec IP3, and HDI are qualified to be 

the holders of the IPEC licenses and that 

the transfer of the IPEC licenses, as 


TKELLEY on DSKBCP9HB2PROD with NOTICES
76628 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 

described in the application, is 

otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission 

pursuant thereto, subject to the 

conditions set forth below. 

Upon review of the application, as 

supplemented, for conforming 

administrative amendments to the IPEC 

licenses to reflect the transfer, the NRC 

staff has determined that: 

(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) The facility will operate in 

conformity with the application, the 

provisions of the AEA, and the rules 

and regulations of the Commission. 

(3) 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 

conducted in compliance with the 

Commission’s regulations. 

(4) The issuance of the amendments 

will not be inimical to the common 

defense and security or to the health 

and safety of the public. 

(5) The issuance of the amendments is 

in accordance with 10 CFR part 51 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 November 23, 2020, 

which is available at ADAMS Accession 

No. ML20297A333. 

III. 

Accordingly, pursuant to Sections 

161b, 161i, and 184 of the AEA, 42 

U.S.C. Sections 2201(b), 2201(i), and 

2234; and 10 CFR 50.80, 10 CFR 72.50, 

and 10 CFR 50.90, it is hereby ordered 

that the license transfer application, as 

described herein, is approved, subject to 

the following conditions: 

(1) At least 2 business days before the 

planned closing date of the purchase 

and sale transaction, Holtec shall 

provide the Directors of the NRC’s 

Office of Nuclear Material Safety and 

Safeguards (NMSS) and Office of 

Nuclear Reactor Regulation (NRR) with 

pre-notification that Holtec IP2 and 

Holtec IP3 and HDI will enter into a 

decommissioning operator services 

agreement that provides for HDI to act 

as agent for Holtec IP2 and Holtec IP3 

and for Holtec IP2 and Holtec IP3 to pay 

HDI’s costs of post-shutdown 

operations, including decommissioning 

and spent fuel management costs. 

(2) Before the closing of the license 

transfer, Holtec IP2, Holtec IP3, and HDI 

shall provide the Directors of NMSS and 

NRR satisfactory documentary evidence 

that they have obtained the appropriate 

amount of insurance required of a 

licensee under 10 CFR 140.11(a)(4) and 

10 CFR 50.54(w). 

(3) The NRC staff’s approval of this 

license transfer is subject to the 

Commission’s authority to rescind, 

modify, or condition the approved 

transfer based on the outcome of any 

post-effectiveness hearing on the license 

transfer application. 

It is further ordered that consistent 

with 10 CFR 2.1315(b), the license 

amendments that make changes, as 

indicated in Enclosure 2 to the letter 

transmitting this Order, to reflect the 

subject license transfer are approved. 

The amendments shall be issued and 

made effective at the time the proposed 

transfer actions are completed. 

It is further ordered that at least 2 

business days before the planned 

closing date of the purchase and sale 

transaction, ENOI shall provide the 

Directors of NMSS and NRR with prenotification of the planned transaction. 

Should the proposed transfer not be 

completed within 1 year of the date of 

this Order, 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. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the application dated 

November 21, 2019, as supplemented by 

letters dated December 19, 2019; 

January 17, 2020; February 12, 2020; 

and August 7, 2020, and the associated 

NRC staff safety evaluation dated 

November 23, 2020, which are available 

for public inspection electronically 

through ADAMS in the NRC Library at 

https://www.nrc.gov/reading-rm/ 

adams.html. Persons who do not have 

access to ADAMS or who encounter 

problems accessing the documents 

located in ADAMS should contact the 

NRC Public Document Room reference 

staff by telephone at 1–800–397–4209 or 

301–415–4737 or by email to 

pdr.resource@nrc.gov. 

Dated: November 23, 2020. 

For the Nuclear Regulatory Commission. 

John W. Lubinski, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Ho K. Nieh, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2020–26278 Filed 11–27–20; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: Renewal of an 

Existing Information Collection, 

USAJOBS®, [OMB Control No. 3206– 

0219] 

AGENCY: Office of Personnel 

Management. 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: The Office of Personnel 

Management (OPM) offers the general 

public and other Federal agencies the 

opportunity to comment on a revised 

information collection request (ICR) 

3206–0219, USAJOBS. 

DATES: Comments are encouraged and 

will be accepted until January 29, 2021. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESS: Interested persons are invited 

to submit written comments on the 

proposed information collection to the 

Office of Personnel Management, 

Human Resources Solutions, Federal 

Staffing Center, USAJOBS, 1900 E Street 

NW, Washington, DC 20415, Attention: 

John Still or send them via electronic 

mail to john.still@opm.gov. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting the Office of 

Personnel Management, Human 

Resources Solutions, Federal Staffing 

Center, USAJOBS, 1900 E. Street NW, 

Washington, DC 20415, Attention: John 

Still, or by sending a request via 

electronic mail to john.still@opm.gov. 

SUPPLEMENTARY INFORMATION: As 

required by the Paperwork Reduction 

Act of 1995, (Pub. L. 104–13, 44 U.S.C. 

chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is 

soliciting comments for this collection. 

USAJOBS is the Federal Government’s 

centralized source for most Federal jobs 

and employment information, including 

both positions that are required by law 

to be posted at that location, see 5 

U.S.C. 3327, 3330, and positions that 

can be posted there at an agency’s 

discretion. The Applicant Profile and 

Resume Builder are two components of 

the USAJOBS application system. 

USAJOBS reflects the minimal critical 

elements collected across the Federal 

Government to begin an application for 

Federal jobs under the authority of 

sections 1104, 1302, 3301, 3304, 3320, 

3361, 3393, and 3394 of title 5, United 

States Code, and Civil Service Rule II, 

codified at 5 CFR part 2. OPM proposes 

to renew a currently approved 

collection. Therefore, we invite 

comments that: 


TKELLEY on DSKBCP9HB2PROD with NOTICES