[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]


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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.

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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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#b6e5c2d7d5cf98e5d5dec3dbd7d8d8f6d8c4d598d1d9c0"><span class="__cf_email__" data-cfemail="66351207051f4835050e130b0708082608140548010910">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#0842696b632658697a7a677c7c48667a6b266f677e"><span class="__cf_email__" data-cfemail="afe5ceccc481ffceddddc0dbdbefc1ddcc81c8c0d9">[email protected]</span></a>.

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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0092.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#5b0b1f0975093e28342e29383e1b352938753c342d"><span class="__cf_email__" data-cfemail="f6a6b2a4d8a493859983849593b6988495d8919980">[email protected]</span></a>. The application, as supplemented, is 
available in

[[Page 20890]]

ADAMS under Package Accession No. ML21344A114 and Accession No. 
ML22091A275, respectively.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#217165730f7344524e54534244614f53420f464e57"><span class="__cf_email__" data-cfemail="411105136f1324322e34332224012f33226f262e37">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#d098b5b1a2b9beb7fe94bfb3bbb5a490bea2b3feb7bfa6"><span class="__cf_email__" data-cfemail="48002d293a21262f660c272b232d3c08263a2b662f273e">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#307d6378741e6255435f45425355705e42531e575f46"><span class="__cf_email__" data-cfemail="ca8799828ee498afb9a5bfb8a9af8aa4b8a9e4ada5bc">[email protected]</span></a>, 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


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