[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71803-71806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28422]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-458 and 50-382; NRC-2014-0258]


River Bend Station, Unit 1, and Waterford Steam Electric Station, 
Unit 3; Consideration of Approval of Transfer of License and Conforming 
Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for direct and indirect 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 by Entergy Gulf States 
Louisiana, L.L.C. (ESGL) and Entergy Louisiana, LLC (ELL) on June 10, 
2014, as supplemented by letter dated October 9, 2014. The application 
seeks NRC approval of the direct transfers of Facility Operating 
License No. NPF-47 for River Bend Station, Unit 1 (River Bend), from 
the current holder, ESGL, and Facility Operating License No. NPF-38 for 
Waterford Steam Electric Station, Unit 3 (Waterford), from current 
holder ELL to new company Entergy Louisiana Power, LLC (ELP). In 
connection with these actions, ELP would change its name to new company 
Entergy Louisianan, LLC.

DATES: Comments must be filed by January 2, 2015. A request for a 
hearing must be filed by December 23, 2014.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> 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: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#da99bba8b5b6f49dbbb6b6bbbdb2bfa89ab4a8b9f4bdb5ac"><span class="__cf_email__" data-cfemail="d89bb9aab7b4f69fb9b4b4b9bfb0bdaa98b6aabbf6bfb7ae">[email protected]</span></a>. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.

[[Page 71804]]

    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#9ad2fffbe8f3f4fdfef5f9f1ffeedaf4e8f9b4fdf5ec"><span class="__cf_email__" data-cfemail="652d0004170c0b02010a060e0011250b17064b020a13">[email protected]</span></a>. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) 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: Alan Wang, Office of Nuclear Reactor 
Regulation, telephone: 301-415-1445, email: <a href="/cdn-cgi/l/email-protection#b1f0ddd0df9fe6d0dfd6f1dfc3d29fd6dec7"><span class="__cf_email__" data-cfemail="e7a68b8689c9b0868980a7899584c9808891">[email protected]</span></a> or 
Michael Orenak, Office of Nuclear Reactor Regulation, telephone: 301-
415-3229, email: <a href="/cdn-cgi/l/email-protection#99d4f0faf1f8fcf5b7d6ebfcf7f8f2d9f7ebfab7fef6ef"><span class="__cf_email__" data-cfemail="da97b3b9b2bbbfb6f495a8bfb4bbb19ab4a8b9f4bdb5ac">[email protected]</span></a>, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0258 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 Web site: Go to http://www.regulations.gov and search for Docket ID: NRC-2014-0258.
    <bullet> 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 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#661602144814031509131405032608140548010910"><span class="__cf_email__" data-cfemail="8dfde9ffa3ffe8fee2f8ffeee8cde3ffeea3eae2fb">[email protected]</span></a>. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
    <bullet> 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.

B. Submitting Comments

    Please include Docket ID NRC-2014-0258 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. The NRC will post all comment 
submissions at http://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and 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 Sec.  50.80 
of Title 10 of the Code of Federal Regulations (10 CFR) approving the 
direct and indirect transfers of control of Waterford NPF-38, currently 
held by ELL, and River Bend, NPF-47, currently held by ESGL. In a 
series of related transactions, Waterford would be directly transferred 
to Entergy Louisiana, LLC from ELL pursuant to a merger under the Texas 
Business Organizations Code (TXBOC), and indirectly transferred in 
connection with the contribution of ELP's membership interests to 
Louisiana Power & Light Company, LLC (``LP&L''), resulting in ELP 
becoming a subsidiary of LP&L. River Bend would be (1) directly 
transferred to Entergy Louisiana, LLC pursuant to a merger under the 
TXBOC, (2) indirectly transferred in connection with the contribution 
of EGSP's membership interests to LP&L, resulting in EGSP becoming a 
subsidiary of LP&L, and (3) directly transferred to ELP pursuant to a 
merger under the TXBOC. As noted above, ELP would change its company 
name to a new company Entergy Louisianan, LLC. In addition, the general 
license for the ISFSI held by ELL for Waterford and ESGL for River Bend 
under 10 CFR part 72 will transfer with the 10 CFR part 50 license.
    Following approval of the proposed direct and indirect transfers of 
control of the licenses, Entergy Louisiana, LLC would acquire ownership 
of Waterford and River Bend. The proposed transfers will not result in 
any change in the role of Entergy Operations, Inc. as the licensed 
operator of Waterford and River Bend and will not result in any changes 
to its technical qualifications.
    No physical or operational changes are being proposed in the 
application.
    The NRC's regulations at 10 CFR 50.80 state that 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. The Commission will approve an application for the 
direct 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. In addition, the 
Commission will approve an application for the indirect transfer of a 
license, if the Commission determines that the proposed merger and 
establishment of a new holding company 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.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), 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 license of an Independent Spent Fuel Storage Installation, 
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.

[[Page 71805]]

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 from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application may request a hearing and intervention via electronic 
submission through the NRC's E-filing system. Requests for a hearing 
and petitions for leave to intervene should be filed in accordance with 
the Commission's rules of practice set forth in Subpart C ``Rules of 
General Applicability: Hearing Requests, Petitions to Intervene, 
Availability of Documents, Selection of Specific Hearing Procedures, 
Presiding Officer Powers, and General Hearing Management for NRC 
Adjudicatory Hearings,'' of 10 CFR part 2. In particular, such requests 
and petitions must comply with the requirements set forth in 10 CFR 
2.309, which is available at the NRC's PDR, located at O1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC 
regulations are accessible electronically from the NRC Library on the 
NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must set forth with particularity the interest of 
the petitioner in the proceeding and how that interest may be affected 
by the results of the proceeding. The hearing request or petition must 
specifically explain the reasons why intervention should be permitted, 
with particular reference to the following general requirements: (1) 
The name, address, and telephone number of the requestor or petitioner; 
(2) the nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any decision or order which 
may be entered in the proceeding on the requestor's/petitioner's 
interest. The hearing request or petition must also include the 
specific contentions that the requestor/petitioner seeks to have 
litigated at the proceeding.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or petition must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact, including references to specific 
portions of the application for amendment that the petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for 
the requestor's/petitioner's belief. Each contention must be one which, 
if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who does not satisfy these requirements for at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Requests for hearing, petitions for leave to intervene, and motions 
for leave to file contentions after the deadline in 10 CFR 2.309(b) 
will not be entertained absent a determination by the presiding officer 
that the new or amended filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1).
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
December 23, 2014. The petition must be filed in accordance with the 
filing instructions in Section IV of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that under Sec.  2.309(h)(2) a State, local 
governmental body, or Federally-recognized Indian tribe, or agency 
thereof does not need to address the standing requirements in 10 CFR 
2.309(d) if the facility is located within its boundaries. A State, 
local governmental body, Federally-recognized Indian Tribe, or agency 
thereof may also have the opportunity to participate under 10 CFR 
2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
February 2, 2015.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). 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. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.

[[Page 71806]]

    To comply with the procedural requirements of E-Filing, at least 
ten 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#7c14191d0e15121b5218131f1719083c120e1f521b130a"><span class="__cf_email__" data-cfemail="573f3236253e3930793338343c32231739253479303821">[email protected]</span></a>, 
or by telephone at 301-415-1677, to request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (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 hearing in this 
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 Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are 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 time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
<a href="/cdn-cgi/l/email-protection#703d2338345e2215031f05021315301e02135e171f06"><span class="__cf_email__" data-cfemail="5518061d117b0730263a20273630153b27367b323a23">[email protected]</span></a>, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as Social Security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. 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 are requested 
not to 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 June 10, 2014 (ADAMS Accession No. ML14161A698), as 
supplemented by letter dated October 9, 2014 (ADAMS Accession No. 
ML14294A487).

    Dated at Rockville, Maryland, this 13th day of November 2014.

    For the Nuclear Regulatory Commission.
Alan Wang,
Project Manager, Plant Licensing IV-2 and Decommissioning Transition 
Branch, Division of Operating Reactor Licensing, Office Nuclear Reactor 
Regulation.
[FR Doc. 2014-28422 Filed 12-2-14; 8:45 am]
BILLING CODE 7590-01-P


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