ML22299A112

Notice of Consideration of Approval of Indirect Transfer of Licenses & Conforming Amendments & Opportunity to Request Hearing - Susquehanna Steam Station, Units 1 & 2 & Associated Independent Spent Fuel Storage Installation (EPID L-2022-LLM

ML22299A112
Person / Time
Site:	Susquehanna
Issue date:	11/03/2022
From:	Audrey Klett Plant Licensing Branch 1
To:	Cimorelli K Susquehanna
Klett A
References
EPID L-2022-LLM-0003
Download: ML22299A112 (1)

Text

November 3, 2022 Mr. Kevin Cimorelli Site Vice President Susquehanna Nuclear, LLC 769 Salem Boulevard NUCSB3 Berwick, PA 18603-0467

SUBJECT:

NOTICE OF CONSIDERATION OF APPROVAL OF INDIRECT TRANSFER OF LICENSES AND CONFORMING AMENDMENTS AND OPPORTUNITY TO REQUEST A HEARING - SUSQUEHANNA STEAM ELECTRIC STATION, UNITS 1 AND 2 AND THE ASSOCIATED INDEPENDENT SPENT FUEL STORAGE INSTALLATION (EPID L-2022-LLM-0003)

Dear Mr. Cimorelli:

Enclosed is a copy of a notice of consideration of approval of indirect transfer of licenses and conforming amendments and opportunity to request a hearing related to the application dated September 29, 2022 (PLA-8015), filed by Susquehanna Nuclear, LLC pursuant to Title 10 of the Code of Federal Regulations sections 50.80, 50.90, and 72.50, as supplemented by letter PLA-8032 dated October 28, 2022. The application seeks U.S. Nuclear Regulatory Commission (NRC) approval of the indirect transfer of Renewed Facility Operating License Nos. NPF-14 and NPF-22 for Susquehanna Steam Electric Station (Susquehanna), Units 1 and 2, respectively, and the general license for the Susquehanna independent spent fuel storage installation. The application also seeks the issuance of conforming amendments to the renewed facility operating licenses for administrative purposes to reflect the proposed transfer. The NRC forwarded this notice to the Office of the Federal Register for publication.

Sincerely,

/RA/

Audrey Klett, Senior Project Manager Plant Licensing Branch 1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-387, 50-388,72-028

Enclosure:

Federal Register Notice cc: Listserv

ENCLOSURE FEDERAL REGISTER NOTICE

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-387, 50-388, and 72-028; NRC-2022-0185]

Susquehanna Steam Electric Station, Units 1 and 2 and Associated Independent Spent Fuel Storage Installation; Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments AGENCY: Nuclear Regulatory Commission.

ACTION: Application for indirect transfer of licenses and conforming amendments; opportunity to comment, request a hearing, and petition for leave to intervene.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering approval of an application filed by Susquehanna Nuclear, LLC (Susquehanna Nuclear) on September 29, 2022, as supplemented by letter dated October 28, 2022. The application seeks NRC approval of the indirect transfer of Renewed Facility Operating License Nos. NPF-14 and NPF-22 for Susquehanna Steam Electric Station (Susquehanna), Units 1 and 2, respectively, and the general license for the Susquehanna independent spent fuel storage installation (ISFSI) as a result of the restructuring of Talen Energy Corporation, an indirect parent of Susquehanna Nuclear, as a reorganized company yet to be named (referred to as Reorganized Talen). The NRC is also considering amending the renewed facility operating licenses for administrative purposes to reflect the proposed transfer. The application and supplement contain sensitive unclassified non-safeguards information (SUNSI).

DATES: Submit comments by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. A request for a hearing or petitions for leave to intervene must be filed by [INSERT DATE 20 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER]. Any potential party as defined in § 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:

Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0185. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.

Email comments to: Hearing.Docket@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.

Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays.

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: Audrey Klett, Office of Nuclear Reactor 2

Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-0489; email: Audrey.Klett@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2022-0185 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:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0185.

NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to PDR.Resource@nrc.gov. The application dated September 29, 2022, is available in ADAMS under Accession No. ML22272A604. The supplement dated October 28, 2022, is available in ADAMS under Accession No. ML22301A205.

NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs 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 PDR.Resource@nrc.gov 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.

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B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2022-0185 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 50.80 and 72.50 approving the indirect transfer of Renewed Facility Operating License Nos. NPF-14 and NPF-22 for Susquehanna, Units 1 and 2, respectively, and the general license for the Susquehanna ISFSI as a result of the restructuring of Talen Energy Corporation as Reorganized Talen. The NRC is also considering amending the renewed facility operating licenses for administrative purposes to reflect the proposed transfer.

According to the application filed by Susquehanna Nuclear, Susquehanna Nuclear is a direct, wholly owned subsidiary of Talen Energy Supply, which is a direct, wholly owned subsidiary of Talen Energy Corporation, the stock of which is held by 4

affiliates of Riverstone Holdings, LLC (Riverstone). Talen Energy Supply and certain of its subsidiaries (collectively, the Debtors) each filed a voluntary case under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of Texas and executed a restructuring support agreement. The Debtors filed a joint plan of reorganization. Under the terms of this plan, the Debtors and Talen Energy Corporation intend to pursue a comprehensive restructuring. The expectation is that, at the conclusion of the proposed transactions, Susquehanna Nuclear will continue to be directly owned by Talen Energy Supply, which will, in turn, either be, or be directly owned by, Reorganized Talen, and no other changes to the ownership or control of Susquehanna Nuclear will occur in the restructuring. NRC consent to the indirect transfer of control of the Susquehanna licenses will be required prior to consummating the transactions contemplated by the reorganization plan.

According to the application, the proposed transactions do not involve any change to Susquehanna Nuclears continued operation or its ownership of Susquehanna and do not involve any physical changes in Susquehanna or any changes to the conduct of operations at Susquehanna.

The NRCs regulations at 10 CFR 50.80 and 72.50 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 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.

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Before issuance of the proposed conforming license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissions 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 the license of an ISFSI, 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.

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 Commissions Agency Rules of Practice and Procedure in 6

10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the Commission or a 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 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 designated 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 NRCs public 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 7

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 further discussed, 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 NRCs public 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 Hearing.Docket@nrc.gov, 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 NRCs 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 NRCs 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 NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a 8

transmission, the E-Filing system time-stamps 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 NRCs 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 NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9:00 a.m.

and 6:00 p.m., ET, Monday through Friday, except Federal 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 NRCs electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, 9

unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as previously described, click cancel when the link requests certificates and you will be automatically directed to the NRCs 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 September 29, 2022, and its supplement dated October 28, 2022.

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 Ms. Melisa Krick, Manager - Nuclear Regulatory Affairs, at (570) 542-1818 for the purpose of negotiating a confidentiality agreement or a proposed protective order with the applicant. If no agreement can be reached, persons who desire access to this 10

information may file a motion with the Secretary and addressed to the Commission that requests the issuance of a protective order.

Dated: November 3, 2022.

For the Nuclear Regulatory Commission.

/RA/

Audrey L. Klett, Senior Project Manager, Plant Licensing Branch 1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

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PKG, ML22299A121; LTR, ML22299A112; FRN, ML22299A113 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA OGC (NLO)

NAME AKlett KZeleznock JWachutka DATE 10/26/2022 10/27/2022 10/25/2022 OFFICE NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME HGonzalez AKlett DATE 11/02/2022 11/03/2022