Letter Sequence Draft Other |
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Results
Other: CP-201600814, and ISFSI - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89)), CP-201600932, & ISFSI - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments, CP-201600933, and Independent Spent Fuel Storage Installation, Submittal of Additional Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments, CP-201600934, Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89)), CP-201600936, Independent Spent Fuel Storage Installation, Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments, CP-201601011, Submittal of Amendment No. 13 to Indemnity Agreement No. B-96, CP-201700082, Independent Spent Fuel Storage Installation (Isfsi), - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments, ML15351A050, ML15351A053, ML16032A349, ML16076A163
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MONTHYEARCP-201500264, Decommissioning Report2015-03-31031 March 2015 Decommissioning Report Project stage: Request CP-201501062, ISFSI - Application for Order Approving Transfer of Licenses and Conforming License Amendments2015-11-12012 November 2015 ISFSI - Application for Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Request CP-201501130, ISFSI - Transmittal of Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments2015-12-0909 December 2015 ISFSI - Transmittal of Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Request ML15348A0182015-12-14014 December 2015 NRR E-mail Capture - Acceptance Review - Application for Order Approving Transfer of Licenses and Conforming License Amendments - CACs MF7075 and MF7076 Project stage: Acceptance Review ML15351A0572016-01-19019 January 2016 Request for Withholding Information from Public Disclosure, Affidavit Dated 12/9/15 Executed by T. Mccool, Luminant Generation Company LLC Balance Sheets (CAC MF7075-MF7076) Project stage: Withholding Request Acceptance ML15351A0502016-01-27027 January 2016 Independent Spent Fuel Storage Installation - Letter, Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendment, and Opportunity for a Hearing Project stage: Other ML15351A0532016-01-27027 January 2016 Independent Spent Fuel Storage Installation - FRN, Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendment, and Opportunity for a Hearing Project stage: Other ML16032A3492016-02-0202 February 2016 Independent Spent Fuel Storage Installation - Correction Letter, Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing (CAC MF7075-MF7076) Project stage: Other ML16034A1962016-02-0808 February 2016 Independent Spent Fuel Storage Installation - Request for Additional Information, Application for Order Approving Transfer of Facility Operating Licenses and Conforming Amendment Project stage: RAI CP-201600136, and Independent Spent Fuel Storage Installation (Isfsi), Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments2016-03-14014 March 2016 and Independent Spent Fuel Storage Installation (Isfsi), Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Request ML16076A1632016-03-14014 March 2016 Balance Sheets Project stage: Other CP-201600328, Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89))2016-03-29029 March 2016 Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89)) Project stage: Request ML16085A1482016-04-0606 April 2016 Request for Withholding Information from Public Disclosure - 3/14/16 Affidavit Executed by T. Mccool, Luminant Generation Company LLC Balance Sheets (Proprietary) Project stage: Withholding Request Acceptance CP-201600411, and Independent Spent Fuel Storage Installation - Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments2016-04-20020 April 2016 and Independent Spent Fuel Storage Installation - Additional Information Regarding Application for Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Request ML16130A6492016-05-0606 May 2016 ISFSI - FRN, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments Project stage: Draft Other ML16096A2552016-05-0606 May 2016 Order Approving Transfer of Licenses and Approving Conforming Amendments Project stage: Request ML16096A2642016-05-0606 May 2016 Draft Conforming Amendments, Application for Order Approving Direct and Indirect Transfer of Licenses and Conforming License Amendments Project stage: Draft Other ML16096A2662016-05-0606 May 2016 Redacted Letter, Order, Safety Evaluation, and Draft Conforming Amendments, Application for Order Approving Direct and Indirect Transfer of Licenses and Conforming License Amendments Project stage: Draft Approval NRC-2016-0020, ISFSI - FRN, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments (CAC Nos. MF7075 and MF7076)2016-05-0606 May 2016 ISFSI - FRN, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments (CAC Nos. MF7075 and MF7076) Project stage: Draft Other CP-201600814, and ISFSI - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89))2016-08-16016 August 2016 and ISFSI - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89)) Project stage: Other CP-201600932, & ISFSI - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments2016-09-16016 September 2016 & ISFSI - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Other CP-201600933, and Independent Spent Fuel Storage Installation, Submittal of Additional Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments2016-09-21021 September 2016 and Independent Spent Fuel Storage Installation, Submittal of Additional Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Other CP-201600934, Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89))2016-09-29029 September 2016 Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments (CPNPP Unit 1 Operating License (NPF-87) and CPNPP Unit 2 Operating License (NPF-89)) Project stage: Other CP-201600936, Independent Spent Fuel Storage Installation, Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments2016-10-13013 October 2016 Independent Spent Fuel Storage Installation, Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Other CP-201601011, Submittal of Amendment No. 13 to Indemnity Agreement No. B-962016-10-19019 October 2016 Submittal of Amendment No. 13 to Indemnity Agreement No. B-96 Project stage: Other CP-201700082, Independent Spent Fuel Storage Installation (Isfsi), - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments2017-01-30030 January 2017 Independent Spent Fuel Storage Installation (Isfsi), - Information Regarding NRC Order Approving Transfer of Licenses and Conforming License Amendments Project stage: Other 2016-02-08
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Category:Federal Register Notice
MONTHYEARML23312A0292023-11-0808 November 2023 Federal Register Notice: Comanche Peak Draft Supplemental Environmental Impact Statement Comment Period Correction ML23237B4412023-09-29029 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Federal Register Notice, Direct and Indirect License Transfer Issuance Order ML23124A0772023-05-17017 May 2023 Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (FRN) ML23039A0532023-02-16016 February 2023 FRN - Comanche Peak Second Notice of Intent to Prepare EIS and to Conduct EIS Scoping ML22299A1792022-12-0808 December 2022 FRN - Comanche Peak Notice of Intent to Prepare EIS and to Conduct EIS Scoping ML22297A0062022-11-28028 November 2022 Notice of Acceptance and Opportunity for Federal Register Notice ML22285A0742022-10-26026 October 2022 LRA - Receipt and Availability FRN ML21147A5192021-06-24024 June 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in May 2021 ML21060A5962021-03-0909 March 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding 10 CFR Part 26 for February 2021 ML20255A1002020-10-0707 October 2020 Proposed Alternative to the Requirements of the ASME OM Code to Extend the Inservice Test Program Interval for Certain Check and Relief Valves (EPID L-2020-LLR-0061 and EPID L-2020-LLR-0062 (COVID-19)) ML20101P5592020-04-13013 April 2020 Public Notice of Application for Amendment to Facility Operating License ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML20015A0542020-02-14014 February 2020 Federal Register Notice - Individual Notice of Consideration of Issuance of Amendments to Adopt TSTF-513, Revision 3 ML20015A3962020-02-14014 February 2020 Letter - Individual Notice of Consideration of Issuance of Amendments to Adopt TSTF-513, Revision 3 ML19122A1572019-05-15015 May 2019 Federal Register Notice: Comanche Peak Independent Spent Fuel Storage Installation - Environmental Assessment and Finding of No Significant Impact; Issues NRC-2018-0287, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/20192019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 ML18351A0022019-01-0202 January 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 01/02/2019 ML18295A7442018-10-25025 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/06/18 NRC-2018-0205, FRN - Renotice Individual 14-day Exigent Notice of Consideration of Issuance of Amendment, Revise TS 3.8.4, DC Sources - Operating, to Modify TS Actions for One Inoperable Battery2018-10-0404 October 2018 FRN - Renotice Individual 14-day Exigent Notice of Consideration of Issuance of Amendment, Revise TS 3.8.4, DC Sources - Operating, to Modify TS Actions for One Inoperable Battery ML18276A0262018-10-0404 October 2018 Letter - Renotice Individual 14-day Exigent Notice of Consideration of Issuance of Amendment, Revise TS 3.8.4, DC Sources - Operating, to Modify TS Actions for One Inoperable Battery ML18276A0292018-10-0404 October 2018 FRN - Renotice Individual 14-day Exigent Notice of Consideration of Issuance of Amendment, Revise TS 3.8.4, DC Sources - Operating, to Modify TS Actions for One Inoperable Battery ML18254A0162018-09-13013 September 2018 FRN, Individual 14-day Exigent Notice of Consideration of Issuance of Amendment, Revise Technical Specification (TS) 3.8.4, DC Sources - Operating, to Modify TS Actions for One Inoperable Battery ML18173A1792018-08-0707 August 2018 OEDO-17-00070 - Notice of Issuance of Director'S Decision, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Japan C ML17198A3292017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement Letter, Paul Gunter, Beyond Nuclear, Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Jap ML17200A0652017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement FRN, Paul Gunter, Beyond Nuclear, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and ML16300A1772016-10-27027 October 2016 Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Consideration; Correction to Notice Published October 25, 2016 NRC-2016-0214, Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Consideration; Correction to Notice Published October 25, 20162016-10-27027 October 2016 Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Consideration; Correction to Notice Published October 25, 2016 NRC-2016-0020, ISFSI - FRN, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments (CAC Nos. MF7075 and MF7076)2016-05-0606 May 2016 ISFSI - FRN, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments (CAC Nos. MF7075 and MF7076) ML16130A6492016-05-0606 May 2016 ISFSI - FRN, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming License Amendments ML16032A3492016-02-0202 February 2016 Independent Spent Fuel Storage Installation - Correction Letter, Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing (CAC MF7075-MF7076) ML15351A0532016-01-27027 January 2016 Independent Spent Fuel Storage Installation - FRN, Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendment, and Opportunity for a Hearing ML15351A0502016-01-27027 January 2016 Independent Spent Fuel Storage Installation - Letter, Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendment, and Opportunity for a Hearing ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML14043A2032014-02-19019 February 2014 Federal Register Notice Regarding the 612th ACRS Meeting, March 6-8, 2014 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13210A2782013-08-0606 August 2013 FRN, Withdrawal of Amendment Request, Revise Technical Specification (TS) 3.3.1, Reactor Trip System (RTS) Instrumentation, and TS 3.3.2, Engineered Safety Feature Actuation System (ESFAS) Instrumentation ML13210A2772013-08-0606 August 2013 Letter, Withdrawal of Amendment Request, Revise Technical Specification (TS) 3.3.1, Reactor Trip System (RTS) Instrumentation, and TS 3.3.2, Engineered Safety Feature Actuation System (ESFAS) Instrumentation ML13064A4302013-03-12012 March 2013 Correction FRN, Correct Date of Safety Evaluation in One Column; Order Approving the Proposed Internal Restructuring and Indirect Transfer of License NRC-2012-0310, FRN, Order Approving Indirect License Transfer Regarding the Proposed Energy Future Holdings Corporate Internal Restructuring (TAC Nos. ME9767 and ME9768)2013-02-22022 February 2013 FRN, Order Approving Indirect License Transfer Regarding the Proposed Energy Future Holdings Corporate Internal Restructuring (TAC Nos. ME9767 and ME9768) ML13022A3342013-02-22022 February 2013 FRN, Order Approving Indirect License Transfer Regarding the Proposed Energy Future Holdings Corporate Internal Restructuring ML12292A2022013-01-0202 January 2013 ISFSI - Notice of Consideration of Approval of Application Containing SUNSI, Opportunity for a Hearing; Indirect License Transfer, Proposed Energy Future Holdings Corporation Internal Transaction NRC-2012-0301, ISFSI - FRN, Notice of Consideration of Approval of Application Containing SUNSI, Opportunity for a Hearing - Indirect License Transfer, Proposed Energy Future Holdings Corporation Internal Transaction2012-12-26026 December 2012 ISFSI - FRN, Notice of Consideration of Approval of Application Containing SUNSI, Opportunity for a Hearing - Indirect License Transfer, Proposed Energy Future Holdings Corporation Internal Transaction ML12292A2092012-12-26026 December 2012 ISFSI - FRN, Notice of Consideration of Approval of Application Containing SUNSI, Opportunity for a Hearing - Indirect License Transfer, Proposed Energy Future Holdings Corporation Internal Transaction ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status ML1126504892011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations NRC-2011-0230, FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations2011-09-22022 September 2011 FRN: General Notice. Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations ML1126306232011-09-20020 September 2011 Commission Meetings - FRN ML1021403872010-07-30030 July 2010 Nuclear Regulatory Commission Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations - Publication Date of August 10, 2010 NRC-2009-0510, Environment Assessment and Finding of No Significant Impact (TAC Nos. ME0643 and ME0644)2009-11-17017 November 2009 Environment Assessment and Finding of No Significant Impact (TAC Nos. ME0643 and ME0644) 2023-09-29
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-445, 50-446, and 72-74; License Nos. NPF-87 and NPF-89; NRC-2016-0020]
In the Matter of Luminant Generation Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2, and Independent Spent Fuel Storage Installation Facility AGENCY: Nuclear Regulatory Commission.
ACTION: Direct and indirect transfer of license; order.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the direct transfer of ownership and indirect transfer of control of Facility Operating License (FOL)
Nos. NPF-87 and NPF-89 and the general license for the independent spent fuel storage installation facility from the current holder, Luminant Generation Company LLC, to as-yet unnamed companies, herein identified as Comanche Peak LLC, as owner, and Operating Company LLC, as operator. The NRC will issue conforming amendments to the FOLs for administrative purposes to reflect the proposed license transfer. No physical changes to the facility or operational changes were proposed in the application. The Order is effective upon issuance.
DATES: The Order was issued on May 6, 2016, and is effective for 1 year.
ADDRESSES: Please refer to Docket ID NRC-2016-0020 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-2016-0020. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The Order was issued to the licensee in a letter dated May 6, 2016 (ADAMS Accession No. ML16096A266).
- NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Margaret Watford, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone:
301-415-1233, e-mail: Margaret.Watford@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 16th day of May 2016.
For the Nuclear Regulatory Commission.
Margaret M. Watford, Project Manager, Plant Licensing Branch IV-1, Division of Operating 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 Luminant Generation Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 Dockets Nos. 50-445 and 50-446 License Nos. NPF-87 and NPF-89 Order Approving the Transfer of Licenses and Approving Conforming Amendments I.
Luminant Generation Company LLC (Luminant Power, the licensee) is the holder of the Facility Operating License (FOL) Nos. NPF-87 and NPF-89 of the Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 (CPNPP), and the holder of the general license for the independent spent fuel storage installation (ISFSI) facility. CPNPP is located in Somervell County, Texas.
II.
Pursuant to Section 184 of the Atomic Energy Act of 1954, as amended (the Act), and Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80, Transfer of licenses, Luminant Generation Company LLC (Luminant Power) requested that the U.S. Nuclear Regulatory Commission (NRC) consent to the transfer of the FOL Nos. NPF-87 and NPF-89 for CPNPP, and the general license for the ISFSI facility (Docket No. 72-74) from the current holder, Luminant Power, to as-yet unnamed companies, herein identified as Comanche Peak LLC (CP LLC), as owner, and Operating Company LLC (OpCo LLC), as operator (together these entities are referred to as the licensees). Luminant Power submitted the request by application dated November 12, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15320A093), as supplemented by letters dated December 9, 2015, and March 14, March 29, April 7, and April 20, 2016 (ADAMS Accession Nos.
ML15345A048, ML16076A162, ML16091A121, ML16099A291, and ML16112A396, respectively).
Luminant Power is acting on behalf of itself and the future to-be-formed companies.
These future to-be-formed companies include the ultimate parent of CP LLC and OpCo LLC, Reorganized Texas Competitive Electric Holdings Corporation (Reorganized TCEH), and the intermediate parents, Intermediate Holding Company LLC, Asset Company LLC, and Preferred Stock Company Corporation (together with Luminant Power these entities are referred to as the Applicants). Entity names in the licensees application and supplements are placeholders.
On April 29, 2014, Luminant Power notified the NRC of its filing of a bankruptcy (ADAMS Accession No. ML14120A212). Luminant Power is owned by Energy Future Competitive Holdings Company LLC (EFCH), through its wholly owned subsidiaries. The EFCH is a direct wholly owned subsidiary of Energy Future Holdings Corporation (EFH). The current and intended ownership structure of the facility is depicted in the simplified organizational charts provided in Exhibits A and B of Enclosure 1 in the submittal dated November 12, 2015. As a result of the proposed transactions and consistent with Exhibit B, EFH and EFCH will no longer ultimately own CPNPP. The licenses will be transferred from Luminant Power to CP LLC, responsible for ownership of the facility, and OpCo LLC, responsible for the operation and maintenance of CPNPP. At the emergence from bankruptcy, Reorganized TCEH, the ultimate parent company of CP LLC, will be owned by a numerous and diverse set of independent and unaffiliated stockholders. No single entity is expected to own a majority of, or exercise control over Reorganized TCEH or its Board of Directors. Current Luminant Power nuclear management and technical personnel will be employed by OpCo LLC. Accordingly, there will be no change in management or technical qualification, and OpCo LLC will continue to be technically qualified to operate the facility. No physical changes to the CPNPP and ISFSI facility or operational changes are proposed in the application.
The transfer of the licenses includes elements of both a direct and indirect transfer. The transfer of ownership is a direct transfer because ownership is changing from one entity to another new and different entity. Ownership is being transferred from Luminant Power to a new company, CP LLC. The transfer of operations is an indirect transfer because the operator is not changing; it is being absorbed into another entity (OpCo LLC), and the operators parent companies are changing. Luminant Powers parent companies are currently Luminant Holding Company LLC and its parent, Texas Competitive Electric Holdings Company LLC. These companies will cease to exist and in their place, new companies - Intermediate Holding Company LLC and its parent, Reorganized TCEH - will be created. The operator will change to the extent that its name will change from Luminant Power to OpCo LLC; however, the management and technical personnel of the facility will not change. The change of the parent company of a licensed entity is considered an indirect transfer of control of the operating licenses.
Approval of the transfer of the facility operating licenses and conforming license amendments was requested by the Applicants pursuant to 10 CFR 50.80 and 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit. A notice entitled, Comanche Peak Nuclear Power Plant, Units 1 and 2, and Independent Spent Fuel Storage Installation; Consideration of Approval of Transfer of Licenses and Conforming Amendments, was published in the Federal Register on February 8, 2016 (81 FR 6545). The NRC received no comments or hearing requests.
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 NRC shall give its consent in writing. Upon review of the information in the licensees application, and other information before the Commission, the NRC staff has determined that the Applicants are qualified to hold the licenses to the extent proposed to permit the transfer of Luminant Power as possessor, owner, and operator. It also concludes that the transfer of the licenses 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 NRC staff has further found that the application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commissions rules and regulations set forth in 10 CFR Chapter I; the facilities will operate in conformity with the application, the provisions of the Act and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commissions regulations; the issuance of the proposed license amendments will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendments will be in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied. The findings set forth above are supported by a safety evaluation dated May 6, 2016 (ADAMS Accession No. ML16096A266).
III.
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the Atomic Energy Act of 1954, as amended, 42 USC § 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the application regarding the direct transfer of ownership and the indirect transfer of control of the licenses is approved, subject to the following conditions:
- 1. The licensees must notify the NRC of the names of the directors and principal officers of Reorganized TCEH and any other changes to these positions that occur before emergence from bankruptcy as soon as they have been identified, but no later than 7 days before implementation of the transfer. Additional changes to these positions may occur post-emergence. The Applicants will notify the NRC no later than 120 days after the transfer of any changes in these personnel made during the first 90 days following emergence from bankruptcy.
- 2. Following the subject transfer of control of the licenses, all of the directors of CP LLC and OpCo LLC who can vote on activities governed by the CPNPP licenses and all of the officers of CP LLC and OpCo LLC with direct responsibility for activities governed by the CPNPP licenses shall (1) be U.S. citizens and not appointed by a foreign entity and (2) have exclusive authority to ensure and shall ensure that the business and activities of OpCo LLC and CP LLC with respect to the CPNPP licenses is at all times conducted in a manner consistent with the public health and safety and common defense and security of the United States.
- 3. The Reorganized TCEH Board of Directors shall adopt resolutions that any non-U.S. citizens or foreign-appointed U.S. citizens serving as either directors or executive officers of Reorganized TCEH, the ultimate parent, and intermediate parents of CP LLC and OpCo LLC shall not seek access to any classified information or to special nuclear material in the custody of the CPNPP licensees and shall not participate in or seek to influence operational decisions by the licensees regarding nuclear safety or security matters.
- 4. CP LLC and OpCo LLC shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that, as of the date of the license transfer, the licensees reflected in the amended licenses have obtained the appropriate amount of insurance required of a licensee under 10 CFR Part 140 and 10C FR 50.54(w).
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed transfer action, Luminant Power shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt within 5 business days, and of the date of the closing of the direct transfer no later than 7 business days before the date of the closing.
Should the proposed transfer not be completed within 1 year from the date of this order, this order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by order. The conditions of this order may be amended upon application by the licensee and approval by the Director of the Office of Nuclear Reactor Regulation.
IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), license amendments that make changes, as indicated in Enclosure 2 to the cover letter forwarding this order, to conform the licenses to reflect the subject transfer are approved. The amendments will be revised only to reflect the final company names (yet to be decided), and shall be issued and made effective at the time the proposed license transfer is completed.
This order is effective upon issuance.
For further details with respect to this order, see the initial application dated November 12, 2015, as supplemented by letters dated December 9, 2015, and March 14, March 29, April 7, and April 20, 2016, and the safety evaluation dated the same date as this order, 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. 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 e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 6th day of May 2016.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Michele G. Evans, Acting Director, Office of Nuclear Reactor Regulation.