ML21159A043
| ML21159A043 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee, Crystal River File:NorthStar Vermont Yankee icon.png |
| Issue date: | 06/28/2021 |
| From: | John Lubinski Reactor Decommissioning Branch |
| To: | State S Accelerated Decommissioning Partners |
| Doell M | |
| Shared Package | |
| ML21159A033 | List: |
| References | |
| EA-21-090 | |
| Download: ML21159A043 (6) | |
Text
[7590-01-P]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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NorthStar Nuclear Decommissioning
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Company, LLC
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Vermont Yankee Nuclear Power Station
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Docket Nos.
50-271 and 72-59 and Independent Spent Fuel Storage
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License No.
DPR-28 Installation
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Crystal River Unit 3 Nuclear Generating
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Docket Nos.
50-302 and 72-1035 Plant and Independent Spent Fuel
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License No.
DPR-72 Storage Installation
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ORDER APPROVING INDIRECT TRANSFER OF LICENSES (EA-21-090)
I.
NorthStar Nuclear Decommissioning Company, LLC (NNDC) is the licensed operator and NorthStar Vermont Yankee, LLC (NVY) is the licensed owner of Renewed Facility Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station (Vermont Yankee), as well as the general license for the Vermont Yankee Independent Spent Fuel Storage Installation (ISFSI), to possess, maintain, and decommission Vermont Yankee and the Vermont Yankee ISFSI. Vermont Yankee is located in Windham County, Vermont.
ADP CR3, LLC (ADP CR3) is the licensed operator of Facility Operating License No. DPR-72 for the Crystal River Unit 3 Nuclear Generating Plant (CR3), as well as the general license for the CR3 ISFSI, to possess, maintain, and decommission CR3 and the CR3 ISFSI.
Duke Energy Florida, LLC (DEF) is the licensed owner of CR3. CR3 is located in Citrus County, Florida.
II.
By application dated November 19, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20324A058), as supplemented by letter dated April 13, 2021 (ADAMS Accession No. ML21103A415), NNDC and ADP CR3, on behalf of themselves, NVY, and their corporate parents related to NorthStar Group Services, Inc.
(NorthStar) (collectively, the Applicants), requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Sections 50.80 and 72.50, that the U.S. Nuclear Regulatory Commission (NRC, the Commission) consent to (1) the indirect transfer of control of NNDCs licensed authority under, and NVYs licensed ownership of, Renewed Facility Operating License No. DPR-28 for Vermont Yankee and the general license for the Vermont Yankee ISFSI; and (2) the indirect transfer of control of ADP CR3s licensed authority under Facility Operating License No. DPR-72 for CR3 and the general license for the CR3 ISFSI. DEF will remain the licensed owner of CR3, and the application does not involve any direct or indirect transfer of DEFs license or responsibilities. No physical changes to the Vermont Yankee or CR3 facilities or operational changes are proposed. The Applicants requested NRC consent to these indirect transfers in order to complete an internal reorganization with new intermediary holding companies that would acquire control of NorthStar. The current intermediary holding company structure and the proposed intermediary holding company structure are described in Figures 1 and 2, respectively.
Notices entitled Vermont Yankee Nuclear Power Station; Consideration of Approval of Transfer of License and Crystal River Unit 3 Nuclear Generating Plant; Consideration of Approval of Transfer of License, were published in the Federal Register (FR) on April 2, 2021 (86 FR 17415 and 86 FR 17412, respectively). The NRC did not receive any comments or hearing requests related to these notices.
Under 10 CFR 50.80 and 10 CFR 72.50, no license for a production or utilization facility or ISFSI, 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, and other information before the Commission, the NRC staff has determined that the Applicants can indirectly transfer their licenses via the intermediary holding company structure proposed in the application. The proposed transferees are qualified to have indirect control over the holders of the licenses and the indirect transfer of the licenses is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto.
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. ML21159A042.
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 and 10 CFR 72.50, IT IS HEREBY ORDERED that the application regarding the proposed indirect license transfers is approved for Vermont Yankee, CR3, and their respective ISFSIs.
IT IS FURTHER ORDERED that after receipt of all required regulatory approvals of the proposed indirect transfer action, the Applicants shall inform the Director of the NRC Office of Nuclear Material Safety and Safeguards in writing of such receipt, and of the date of the closing of the transfer, no later than two business days prior to the date of the closing of the transfer.
Should the proposed indirect transfer not be completed within 1 year of 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.
This Order is effective upon issuance.
For further details with respect to this Order, see the indirect license transfer application dated November 19, 2020, the supplemental information dated April 13, 2021, and the NRC staff safety evaluation dated the same date as this Order, which are publicly available electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons who encounter problems with ADAMS should contact the NRCs Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.
Dated this 28th day of June, 2021.
FOR THE NUCLEAR REGULATORY COMMISSION John W. Lubinski, Director, Office of Nuclear Material, Safety, and Safeguards.
Signed by Lubinski, John on 06/28/21