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MONTHYEARL-19-059, Stations - Irradiated Fuel Management Plans2019-03-15015 March 2019 Stations - Irradiated Fuel Management Plans Project stage: Request ML19121A4792019-05-21021 May 2019 FENOC-Beaver Valley Power Station, Units 1 and 2; Davis-Besse Nuclear Power Station Unit 1,and Perry Nuclear Power Plant Unit 1, Request for Withholding Information from Public Disclosure Regarding Application for Order Consenting Project stage: Withholding Request Acceptance L-19-154, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI - Supplemental Information Needed for Acceptance of Requested Licensing Action Application for Order Consenting to Transfer of Licenses and Conforming License..2019-05-31031 May 2019 ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI - Supplemental Information Needed for Acceptance of Requested Licensing Action Application for Order Consenting to Transfer of Licenses and Conforming License.. Project stage: Supplement ML19151A3702019-06-11011 June 2019 FENOC Fleet - Beaver Valley, Unit Nos 1 and 2; Davis-Besse, Unit No. 1; and Perry; Unit No. 1 - Acceptance of Requested Licensing Action Subsequent to Submission of Supplemental Information Application for Order Conforming License Amendment Project stage: Acceptance Review ML19151A4742019-06-24024 June 2019 Letter to FENOC - Individual FRN Regarding Application for Order Consenting to Transfer of Licenses and Conforming Amendments. Notice of Consideration of Approval of Transfers and Conforming Amendments and Opportunity for Comments and a Hea Project stage: Other ML19151A4792019-06-24024 June 2019 Fenoc Fleet - Notice of Consideration of Approval of Transfer of Respective Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing Application for Order Consenting to Transfer of Licenses and Conforming License Project stage: Request ML19192A2222019-07-18018 July 2019 Request for Additional Information Regarding Application for Order Consenting to Transfer of Licenses and Conforming License Amendments Project stage: RAI L-19-182, Response to RAI Regarding an Application for Order Consenting to Transfer of License2019-08-0202 August 2019 Response to RAI Regarding an Application for Order Consenting to Transfer of License Project stage: Response to RAI L-19-200, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI - Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2019-08-29029 August 2019 ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI - Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments Project stage: Supplement ML19246A1432019-09-0606 September 2019 FENOC-Beaver Valley Power Station, Davis-Besse Nuclear Power Station,Perry Nuclear Power Plant, Request for Withholding Information from Public Disclosure Regarding Application for Order Consenting, Project stage: Withholding Request Acceptance L-19-217, ISFSI - Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2019-09-25025 September 2019 ISFSI - Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments Project stage: Supplement ML19303A0092019-11-21021 November 2019 Notification of Significant Licensing Action - Proposed Issuance of Order Approving the Direct and Indirect Transfer of Licenses Regarding Which a Hearing Has Been Requested - Beaver Valley, Units 1 and 2, Davis-Besse, Unit 1, and Perry, Un Project stage: Approval ML19326A7592019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Non-Proprietary, Letter & Encl 2-5, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 Project stage: Draft Other ML19305B1312019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Enclosure 6, Non-Proprietary Safety Evaluation, Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 Project stage: Draft Approval ML19303C9532019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Enclosure 1, Order, Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 Project stage: Draft Other ML19303A0672019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Federal Register Notice, Order Approving Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 Project stage: Draft Other ML19273A0542019-12-0909 December 2019 Fenoc Fleet - Beaver Valley Power Station, Units 1 & 2; Davis Besse Nuclear Power Station, Unit 1; and Perry Nuclear Power Plant, Unit 1 - Request for Withholding Information from Public Disclosure Project stage: Withholding Request Acceptance 2019-06-11
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Category:Order
MONTHYEARML23237B4412023-09-29029 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Federal Register Notice, Direct and Indirect License Transfer Issuance Order ML23237B4282023-09-28028 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Enclosure 2, Draft Conforming License Amendments ML23237B4302023-09-28028 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Enclosure 4, Safety Evaluation for Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0000) (Public) ML21292A1462021-12-13013 December 2021 and ISFSI and Big Rock Point and ISFSI - Order Approving Direct and Indirect Transfers of Licenses and Draft Conforming Administrative License Amendments (EPID L-2020-LLM-0003) (Enclosure 1) ML19303C9532019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Enclosure 1, Order, Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 NRC-2016-0277, Federal Register Notice with Order Approving Direct Transfer of License and Approving Conforming Amendment2017-04-14014 April 2017 Federal Register Notice with Order Approving Direct Transfer of License and Approving Conforming Amendment ML17079A4322017-04-14014 April 2017 Federal Register Notice with Order Approving Direct Transfer of License and Approving Conforming Amendment ML16083A5122016-04-15015 April 2016 Order Approving Application Regarding the Direct Transfer of License Resulting from Transfer of Ownership Interests from the Ohio Edison Company to Firstenergy Nuclear Generation, LLC L-15-012, Completion of Required Action by NRC Order EA-12-051, Reliable Spent Fuel Pool Instrumentation2015-06-0202 June 2015 Completion of Required Action by NRC Order EA-12-051, Reliable Spent Fuel Pool Instrumentation ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML0936208072010-01-22022 January 2010 Cover Letter, (Non-Proprietary) Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses for Big Rock Point, Fitzpatrick, Indian Point, Palisades, Pilgrim, and Vermont Yankee Nuclear Power St ML0920503782009-07-24024 July 2009 Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses ML0915201542009-07-24024 July 2009 Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses for Big Rock Point, James A. FitzPatrick Nuclear Power Plant, Indian Point, Palisades, Pilgrim, and Vermont Yankee NRC-2009-0336, Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses2009-07-24024 July 2009 Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses ML0809405282008-07-28028 July 2008 Order Approving Indirect Transfer of Facility Operating License L-08-205, Revision of the National Pollutant Discharge Elimination System Permit2008-06-0505 June 2008 Revision of the National Pollutant Discharge Elimination System Permit ML0725303642007-12-10010 December 2007 R. Fenech Letter Transmitting Revised Order and Safety Evaluation Supporting the License Transfer for Big Rock Point ML0722605352007-08-15015 August 2007 Confirmatory Order (Effective Immediately) Firstenergy Nuclear Operating Company ML0713403332007-05-14014 May 2007 First Energy Nuclear Operating Company (FENOC) (Davis-Besse Nuclear Power Plant; Perry Nuclear Power Plant; Beaver Valley Nuclear Plant, Units 1 and 2) - Demand for Information ML0619905242006-12-28028 December 2006 Order Approving Application Regarding Proposed Corporate Restructuring ML0619905932006-12-28028 December 2006 Order Approving Application Regarding Proposed Corporate Restructuring ML0619902522006-12-28028 December 2006 Order Approving Application Regarding Proposed Corporate Restructuring ML0535601192006-01-0404 January 2006 IA-05-055, Order (Effective Immediately) Prohibiting Involvement in NRC-Licensed Activities (NRC Special Inspection Report No. 50-346/2002-08(DRS)) (NRC Investigation Report No. 3-2002-006) ML0534601822005-12-16016 December 2005 Corrected Order Approving Transfer of Licensees and Conforming Amendments Related to Beaver Valley, Units 1 and 2, Davis-Besse, Unit 1 and Perry Unit 1 ML0519603542005-07-15015 July 2005 EA-04-224, Commitments to Be Confirmed by Order Modifying License (Effective Immediately) ML0510905372005-04-21021 April 2005 Order Prohibiting Involvement in NRC-Licensed Activities (NRC Special Inspection Report No. 05000346-02-008(DRS)) ML0505900112005-02-25025 February 2005 Order Prohibiting Involvement in NRC-Licensed Activities (OI Report Nos. 3-2000-025 and 3-2000-025S) ML0502100852005-02-14014 February 2005 Order Approving Application for the Proposed Sale of Portland General Electric Company to Oregon Electric Utility Company, and the Associated Indirect Transfer of Pge'S Licenses to Oeuc ML0309106252003-04-29029 April 2003 EA-03-039, Addressee List, (Order Issued by Program Office or OE for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Per ML0309401982003-04-29029 April 2003 Issuance of Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel ML0224202312002-08-29029 August 2002 Draft Memo from Samuel Collins Re Issuance of Order Re Responses to Bulletin 2001-01 ML0224202352002-08-29029 August 2002 Draft Ltr from Samuel Collins Re Davis-Besse Nuclear Power Station, Unit 1 - Issuance of Order for Responses to Bulletin 2001-01 ML0224202422002-08-29029 August 2002 Draft Memo from Samuel Collins Re Davis-Besse Nuclear Power Station, Unit 1 - Issuance of Order for Responses to Bulletin 2001-01 ML0214202882002-05-23023 May 2002 Order Modifying Licenses for Interim Safeguards and Security Compensatory Measures 2023-09-29
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
FIRSTENERGY NUCLEAR OPERATING )
COMPANY )
FIRSTENERGY NUCLEAR GENERATION, )
LLC )
)
Beaver Valley Power Station, Unit Nos. 1 ) Docket Nos. 50-334, 50-412, and 72-1043 and 2 and its generally licensed ISFSI ) License Nos. DPR-66 and NPF-73
)
Davis-Besse Nuclear Power Station, ) Docket Nos. 50-346 and 72-14 Unit No. 1 and its generally licensed ISFSI ) License No. NPF-3
)
Perry Nuclear Power PIant, Unit No. 1 ) Docket Nos. 50-440 and 72-69 and its generally licensed ISFSI ) License No. NPF-58 ORDER APPROVING DIRECT AND INDIRECT TRANSFERS OF CONTROL OF LICENSES AND DRAFT CONFORMING LICENSE AMENDMENTS I.
FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation, LLC (FENGen) (together, the Applicants) operate and own, respectively, Beaver Valley Power Station (BVPS), Unit Nos. 1 and 2, and its generally licensed independent spent fuel storage installation (ISFSI); Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS) and its generally licensed ISFSI; and Perry Nuclear Power PIant, Unit No. 1 (PNPP) and its generally licensed ISFSI (together, the Facilities). Specifically, they are co-holders of:
(1) Renewed Facility Operating License Nos. DPR-66 and NPF-73 for BVPS, Units 1 and 2, respectively, located in Beaver County, Pennsylvania; (2) Renewed Facility Operating License No. NPF-3 for DBNPS, located in Ottawa County, Ohio; and
(3) Facility Operating License No. NPF-58 for PNPP, located in Lake County, Ohio.
II.
By application dated April 26, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19116A087), as supplemented by letters dated May 31, 2019; August 2, 2019; August 29, 2019; September 25, 2019 (two submissions); and October 17, 2019 (ADAMS Accession Nos. ML19151A531, ML19214A100, ML19241A462, ML19268A053, ML19268B133, and ML19290D432, respectively), the Applicants requested, pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, and Section 50.80, Transfer of licenses, of Title 10 of the Code of Federal Regulations (10 CFR), that the U.S. Nuclear Regulatory Commission (NRC, the Commission) consent to the transfer of licenses. Specifically, the Applicants requested a direct transfer of operating authority for the Facilities from FENOC to an as-yet unnamed company, herein identified as OpCo; a direct transfer of ownership of the Facilities from FENGen to an as-yet unnamed company, herein identified as OwnerCo; and an indirect transfer of ownership of the Facilities to an as-yet unnamed parent company, herein identified as New HoldCo (FirstEnergy Corp. is currently the ultimate parent company). The Applicants also requested the NRCs prior written consent and issuance of conforming amendments to the licenses pursuant to 10 CFR 50.80 and 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit.
On March 31, 2018, FirstEnergy Solutions Corp. (FES), together with FENOC, FENGen, and FESs other subsidiaries, filed voluntary petitions for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division (Bankruptcy Court). By letter dated April 2, 2018 (ADAMS Accession No. ML18094A661), in accordance with 10 CFR 50.54(cc)(1), FENOC notified the NRC of the bankruptcy filing. The proposed direct and indirect license transfers would support the emergence from bankruptcy of the Applicants, along with FES and other 2
affiliated companies that are currently debtors in the bankruptcy process, pursuant to the Eighth Amended Joint Plan of Reorganization (the Bankruptcy Reorganization Plan) filed with the Bankruptcy Court on October 11, 2019, and the Revised Eighth Amended Plan filed with the Bankruptcy Court on October 14, 2019, and confirmed by the Bankruptcy Court on October 16, 2019, as noted in the Applicants supplemental letter dated October 17, 2019.
Under the Bankruptcy Reorganization Plan, at emergence from bankruptcy, a new privately-held holding company, New HoldCo, will be formed with shares initially held by certain current creditors of one or more of FES, FENOC, FENGen, or FirstEnergy Generation, LLC (FG) (a sister company of FENGen holding fossil fuel generation assets) and management of the new holding company. Both OpCo and OwnerCo will become wholly-owned subsidiaries of New HoldCo. New HoldCo will also have ultimate ownership of FESs existing non-nuclear generating assets as well as the retail and wholesale load-serving business.
A notice of the application and opportunity to request a hearing and to comment on the application was published in the Federal Register (FR) on June 27, 2019 (84 FR 30775). In response, on July 17, 2019, the Environmental Law & Policy Center filed a hearing request.
The hearing request is currently pending before the Commission. The NRC did not receive any comments on the application.
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 application for license transfer, as supplemented, and other information before the Commission, the NRC staff has determined that OpCo and OwnerCo are qualified to hold the licenses to the extent proposed to permit the transfer of the licenses from FENOC and FENGen to OpCo and OwnerCo, respectively, and that the transfers of the licenses, as described in the application, are otherwise consistent with applicable 3
provisions of law, regulations, and orders issued by the NRC pursuant thereto, subject to the conditions set forth below.
Upon review of the information in the application for conforming amendments, as supplemented, the NRC staff has determined that:
(1) The application for conforming license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I.
(2) The Facilities will operate in conformity with the application, the provisions of the Act, 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 Commissions 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 Commissions regulations and all applicable requirements have been satisfied.
The findings set forth above are supported by an NRC staff safety evaluation dated the same date as this Order, which is available at ADAMS Accession No. ML19305B131 (non-proprietary).
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended, 42 USC §§ 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 application for license transfers, as described herein, is approved for BVPS, Unit 1, BVPS, Unit 2, DBNPS, and PNPP, and the respective ISFSIs, subject to the following conditions.
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- 1. OwnerCo and OpCo shall provide satisfactory documentary evidence to the Director of the NRC 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 10 CFR 50.54(w).
- 2. On or by the closing date of the license transfer transaction, the Applicants shall take all necessary steps to ensure that the provisional trust agreement submitted on September 25, 2019, to address the shortfall identified for BVPS, Unit 1 is implemented and maintained consistent with the safety evaluation supporting this Order.
- 3. The NRC staffs approval of these license transfers is subject to the Commissions authority to rescind, modify, or condition the approved transfers based on the outcome of any post-effectiveness hearing on the license transfer application.
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed transfer actions, the Applicants shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt no later than 5 business days prior to the date of the closing of the transfer. 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 for good cause shown, such date may be extended by order. The conditions of this Order may be amended upon application by the Applicants and approval by the Director of the Office of Nuclear Reactor Regulation.
IT IS FURTHER ORDERED that consistent with 10 CFR 2.1315(b), the license amendments that make changes, as indicated in Enclosures 2 through 5 to the letter transmitting this Order, to reflect the subject transfers, are approved. The amendments shall be issued and made effective within 30 days of the date when the proposed transfer actions are completed.
This Order is effective upon issuance.
For further details with respect to this Order, see the application dated April 26, 2019, as supplemented by letters dated May 31, 2019; August 2, 2019; August 29, 2019; September 25, 2019 (two submissions); and October 17, 2019, and the NRC safety evaluation dated the same 5
date as this Order, which are available for public inspection at the NRCs 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 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 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 2nd day of December, 2019.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Eric J. Benner, Deputy Director, Office of Nuclear Reactor Regulation.
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