PLA-8057, Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments- Supplemental Information, PLA-8057
| ML23074A337 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 03/15/2023 |
| From: | Berryman B Susquehanna, Talen Energy |
| To: | Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk |
| Shared Package | |
| ML23074A336 | List: |
| References | |
| PLA-8057 | |
| Download: ML23074A337 (1) | |
Text
Addendum to Enclosure 1 Contains Proprietary Information -
Withhold in Accordance with 10 CFR 2.390 Brad Berryman Susquehanna Nuclear, LLC President and Chief Nuclear Officer 769 Salem Boulevard Berwick, PA 18603 TALEN~
ENERGY Tel. 570.542.2904 Fax 570.542.1504 Brad.Berryman@TalenEnergy.com March 15, 2023 Attn: Document Control Desk 10 CPR 50.80 U.S. Nuclear Regulatory Commission 10 CPR 50.90 Washington, DC 20555-0001 10 CPR 72.50 SUSQUEHANNA STEAM ELECTRIC STATION APPLICATION FOR ORDER APPROVING INDIRECT TRANSFER OF CONTROL OF LICENSES AND APPROVING CONFORMING LICENSE AMENDMENTS- SUPPLEMENTAL Docl{et No. 50-387 INFORMATION 50-388 PLA-8057 and 72-28
References:
- 1) Susquehanna letter to NRC: "Application for Order Approving Indirect Transfer of Control ofLicenses and Approving Conforming License Amendments (PLA-8015)," dated September 29, 2022 (ADAMS Accession No. ML22272A604)
- 2) Susquehanna letter to NRC: "Application for Order Approving Indirect Transfer of Control ofLicenses and Approving Conforming License Amendments
-Supplemental Information (PLA-8032), "dated October 28, 2022 (ADAMS Accession No. ML22301A205)
- 3) Susquehanna letter to NRC: "Application for Order Approving Indirect Transfer of Control ofLicenses and Approving Conforming License Amendments
-Supplemental Information (PLA-8039), "dated December 22, 2022 (ADAMS Accession No. ML22356A307)
In Reference 1, Susquehanna Nuclear, LLC ("Susquehanna Nuclear"), acting on behalf of itself and certain Unsecured Creditors (as defined in Reference 1) ofTalen Energy Supply, LLC
("Talen Energy Supply") (collectively, the "Applicants"), submitted a request pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, 10 CPR 50.80, and 10 CPR 72.50 for NRC consent to the indirect transfer of control of Susquehanna Nuclear's interests in Facility Operating License Nos. NPF-14 and NPF-22 for the Susquehanna Steam Electric Station
("SSES") Units 1 and 2, as well as the general license for the SSES Independent Spent Fuel
Document Control Desk PLA-8057 Storage Installation (ISFSI) (the Application).1 In addition, Applicants requested conforming administrative license amendments to reflect a change in the entity responsible for providing a financial support agreement to Susquehanna Nuclear.
As detailed in Reference 1, commencing on May 9, 2022, Talen Energy Supply and certain of its subsidiaries each filed a voluntary case under Chapter 11 of Title 11 of United States Code in the United States Bankruptcy Court for the Southern District of Texas (Chapter 11 Cases).
The need for NRC consent is based upon the comprehensive restructuring of Talen Energy as a result of the Chapter 11 Cases. The Applicants committed in Reference 1 to update or supplement the Application as necessary.
Applicants have previously submitted two supplements (References 2 and 3). Applicants are submitting the enclosed third Supplement to the Application (Third Supplement) to provide the NRC with updated information regarding the planned transaction and the Application.2 The Addendum to Enclosure 1 of the Third Supplement contains confidential commercial information. Susquehanna Nuclear and Talen Energy Supply request that this information be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4).
A publicly available version of the Addendum to Enclosure 1 (redacted) suitable for public disclosure is provided within Enclosure 1.
There are no new or revised regulatory commitments contained in this submittal.
Should you have any questions regarding this submittal, please contact Ms. Melisa Krick, Manager - Nuclear Regulatory Affairs, at (570) 542-1818.
1 As noted in the Application, Allegheny Electric Cooperative owns a 10% share of SSES. There are no proposed changes to Allegheny Electric Cooperatives ownership share of SSES in this request.
2 In the Application, Applicants informed the NRC that in the event that developments in the Chapter 11 Cases require Applicants to update or supplement the facts described in the Application, the Applicants agree to promptly supplement the Application as necessary as the Chapter 11 Cases proceed.
Document Control Desk PLA-8057 I declare under penalty of perjury that the information in this Application pertaining to Susquehanna Nuclear and Reorganized Talen Energy Corporation is true and correct to the best of my knowledge and belief. A separate affirmation by Michael Nachmani supporting the truth and correctness of the information in this Third Supplement is provided as an Attachment to this letter.
Executed on March 15, 2023.
B. Berryman
Enclosure:
- 1. Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments - Supplemental Information (Non-Proprietary Version)
Attachments:
- 1. Affirmation
- 2. Declaration Addendum:
- 1. Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments - Supplemental Information (Proprietary Information - Withhold in Accordance with 10 CFR 2.390)
Copy: Director, Office of Nuclear Reactor Regulation NRC Region I Mr. C. Highley, NRC Senior Resident Inspector (Non-Proprietary)
Ms. A. Klett, NRC Project Manager Mr. M. Shields, PA DEP/BRP (Non-Proprietary)
Document Control Desk PLA-8057 Electronic copy:
B. Berryman (Proprietary)
M. Krick (Proprietary)
D. Obie (Proprietary)
A. Siple (NSRB, Non-Proprietary)
T. Williams (Non-Proprietary)
Enclosure 1 to PLA-8057 Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments - Supplemental Information (Non-Proprietary Version)
Enclosure 1 to PLA-8057 Page i List of Exhibits Affirmation of Michael Nachmani Declaration of Andrew Wright Addendum Proprietary Version of Enclosure 1
Enclosure 1 to PLA-8057 Page 1 of 2 Application for Order Approving Indirect Transfer of Licenses and Approving Conforming License Amendments Supplemental Information In Reference 1, Susquehanna Nuclear, LLC (Susquehanna Nuclear), acting on behalf of itself and certain Unsecured Creditors (as defined in Reference 1) of Talen Energy Supply, LLC (Talen Energy Supply) (collectively, the Applicants), submitted a request pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, 10 CFR 50.80, and 10 CFR 72.50 for NRC consent to the indirect transfer of control of Susquehanna Nuclears interests in Facility Operating License Nos. NPF-14 and NPF-22 for the Susquehanna Steam Electric Station (SSES) Units 1 and 2, as well as the general license for the SSES Independent Spent Fuel Storage Installation (ISFSI) (the Application).1 In addition, Applicants requested conforming administrative license amendments to reflect a change in the entity responsible for providing a financial support agreement to Susquehanna Nuclear.
As detailed in Reference 1, commencing on May 9, 2022, Talen Energy Supply and certain of its subsidiaries each filed a voluntary case under Chapter 11 of Title 11 of United States Code in the United States Bankruptcy Court for the Southern District of Texas (Chapter 11 Cases).
The need for NRC consent is based upon the comprehensive restructuring of Talen Energy as a result of the Chapter 11 Cases. The Applicants committed in Reference 1 to update or supplement the Application as necessary based on developments in the Chapter 11 Cases.2 Applicants have previously submitted two supplements (References 2 and 3). Applicants are submitting this third Supplement to the Application (Third Supplement) to provide the NRC with updated information regarding the planned transaction and the Application. Applicants hereby notify the NRC that {
1 As noted in the Application, Allegheny Electric Cooperative owns a 10% share of SSES. There are no proposed changes to Allegheny Electric Cooperatives ownership share of SSES in this request.
2 In the Application, Applicants informed the NRC that in the event that developments in the Chapter 11 Cases require Applicants to update or supplement the facts described in the Application, the Applicants agree to promptly supplement the Application as necessary as the Chapter 11 Cases proceed.
Enclosure 1 to PLA-8057 Page 2 of 2
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Applicants are identifying this potential change to avoid any inconsistency with the information provided to the NRC in the course of this proceeding.
The Addendum to Enclosure 1 of the Third Supplement contains confidential commercial information. Susquehanna Nuclear and Talen Energy Supply request that this information be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4).
Reference
- 1. Susquehanna letter to NRC: Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments (PLA-8015),
dated September 29, 2022 (ADAMS Accession No. ML22272A604)
- 2. Susquehanna letter to NRC: Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments - Supplemental Information (PLA-8032), dated October 28, 2022 (ADAMS Accession No. ML22301A205)
- 3. Susquehanna letter to NRC: Application for Order Approving Indirect Transfer of Control of Licenses and Approving Conforming License Amendments - Supplemental Information (PLA-8039), dated December 22, 2022 (ADAMS Accession No. ML22356A307) to PLA-8057 Affirmation
Attachment 1 to PLA-8057 Page 1 of 1 Afftnnation I declare under penalty of perjury that the infotmation in this Supplement pertaining to the planned transaction involving Susquehanna Nuclear, Reorganized Talen Energy Corporation, and the Unsecured Creditors is true and correct to the best of my knowledge and belief.
Executed on March J 5 , 2023 Michael ~achmani Authorized Signatory Rubric Capital Management LP As Manager or Sub-Manager on behalf of its funds and accounts 081/ 135976827 to PLA-8057 Declaration
Attachment 2 to PLA-8057 Page 1 of 2 DECLARATION SUPPORTING TALEN ENERGY APPLICATION TO WITHHOLD CERTAIN DOCUMENTS FROM PUBLIC DISCLOSURE I, Andrew Wright, General Counsel and Secretary for Susquehanna Nuclear, LLC, declare the following under penalty of perjury:
- 1. I am authorized to execute this declaration on behalf of Susquehanna Nuclear LLC, acting on behalf of itself and on behalf of Talen Energy Supply, LLC (collectively, Talen).
- 2. Talen is providing information to the U.S. Nuclear Regulatory Commission (NRC) in support of the Application for Order Approving Indirect Transfer of Licenses and Approving Conforming License Amendments - Supplemental Information dates March 15, 2023 (Third Supplement) The proprietary version of the Third Supplement is being provided separately as an addendum. The information contained in the Third Supplement contains proprietary information about the planned operation of Talen Energy upon emergence from bankruptcy, including information constituting proprietary commercial information that should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4) because:
- a. It contains information that is currently held in confidence by Talen and its affiliates.
- b. This information is of a type that is customarily held in confidence by Talen and its affiliates until such time it is otherwise publicly known and there is a rational basis for doing so because the information contains sensitive competitive information.
- c. This information is being transmitted to the NRC in confidence.
- d. This information is not available in public sources and could not be gathered readily from publicly available information.
- e. Public disclosure of this information would create substantial harm to the competitive position of Talen and its affiliates by disclosing confidential commercial information of Talen.
- 3. Accordingly, Talen requests that the proprietary version of Enclosure 1 being provided separately as an addendum to the Third Supplement be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4) and 9.17(a)(4).
Attachment 2 to PLA-8057 Page 2 of2 I declare under penalty of perjury that the foregoing is true and correct.
Executed on March lS: 2023.
Susquehanna Nuclear, LLC Andrew Wright General Counsel and Secretary Susquehanna Nuclear, LLC DBl/ 135976827
Addendum Contains Proprietary Information - Withhold under 10 CFR 2.390 Addendum to Enclosure 1 to PLA-8057 Application for Order Approving Indirect Transfer of Licenses and Approving Conforming License Amendments - Supplemental Information (Proprietary Version)