[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29158-29159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11833]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0096; Docket Nos. 50-295 and 50-304; License Nos. DPR-39 and 
DPR-48]


In the Matter of Zion Solutions, LLC; Zion Nuclear Power Station, 
Units 1 and 2; Order Approving Indirect Transfer of Control of Facility 
Operating Licenses

I.

    ZionSolutions, LLC (ZS) is the licensee and owner of the Zion 
Nuclear Power Station, Units 1 and 2 (ZNPS) in Zion, Illinois.

II.

    By letter dated January 10, 2013, ZS submitted an application 
requesting that the U.S. Nuclear Regulatory Commission (NRC) consent to 
the indirect transfer of control of Facility Operating License Nos. 
DPR-39 and DPR-48 for the Zion Nuclear Power Station, Units 1 and 2 
held by ZS, including the General License for the Zion Independent 
Spent Fuel Storage Installation (ISFSI).
    The transfer will occur as a result of a proposed transaction 
whereby the current ultimate parent holding company of ZS, 
EnergySolutions, Inc. (ES, Inc.), would be directly acquired by 
Rockwell Holdco, Inc. (Rockwell), a Delaware corporation that was 
formed for the purpose of acquiring ES, Inc. and is held by certain 
investment fund entities organized by controlled affiliates of Energy 
Capital Partners II, LLC (ECP II). No physical changes to the ZNPS are 
being proposed.
    Approval of the indirect transfer of the licenses was requested 
pursuant to Section 184 of the Atomic Energy Act of 1954, as amended 
(AEA) (42 U.S.C. 2234) and Section 50.80 of Title 10 of the Code of 
Federal Regulations (10 CFR). A notice of the request for approval and 
opportunity for a hearing or to submit written comments was published 
in the Federal Register on February 20, 2013 (78 FR 11904). No requests 
for a hearing were received in response to this notice. Two comments 
were received in response to this notice.
    Pursuant to Section 184 of the AEA, no license granted under the 
AEA, and pursuant to 10 CFR 50.80, no license granted under 10 CFR Part 
50, shall be transferred, assigned, or in any manner disposed of, 
directly or indirectly, through transfer of control of any license to 
any person unless the Commission, finds that the proposed transferee is 
qualified to be the holder of the license and that the transfer is in 
accordance with the provisions of law, regulations, and orders issued 
by the Commission, and gives its consent in writing.
    Upon review of the information received from ZS, and other 
information before the Commission, and relying upon the representations 
and agreements contained in the Transfer Application, the NRC staff 
finds that: (1) the qualifications of ZS regarding the proposed 
indirect transfer of control of ZNPS are not changed, and (2) the 
proposed indirect transfer of the licenses due to the purchase of the 
current ultimate parent holding company of ZS, EnergySolutions, Inc., 
which would be directly acquired by Rockwell Holdco, Inc. is otherwise 
consistent with applicable provisions of laws, regulations and orders 
issued by the Commission pursuant thereto.
    The findings set forth above are supported by a Safety Evaluation 
(SE) dated May 8, 2013.
    The commenters opined that the transfer would disadvantage 
financial stakeholders. As stated in the supporting SE., the staff 
reviewed the proposed transfer and found no financial issues with the 
proposal. In addition, the proposed transfer in no way affects the 
current financial reporting requirements or the NRC annual review of 
those reports. Based on the review the staff finds no

[[Page 29159]]

disadvantage to financial stakeholder by the proposed transfer.

III.

    Accordingly, pursuant to Section 184 of the AEA Act of 1954, as 
amended and Section 50.80 of 10 CFR, it is hereby ordered that the 
indirect transfer of control of ZNPS, as described herein, is approved.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed indirect transfer, ZS shall inform the 
Director of the Office of Federal and State Materials and Environmental 
Management Programs, in writing, of such receipt no later than one (1) 
business day prior to the closing of the proposed indirect transfer. 
Should the proposed indirect transfer not be completed within 60 days 
from the date of issuance of this Order, the Order shall become null 
and void; however, on 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 application 
dated January 10, 2013 (which can be found at Agencywide Documents 
Access and Management System [ADAMS] Accession Number ML13014A007). 
Publicly-Available records will be accessible electronically from the 
ADAMS Public Electronic Reading Room on the Internet at the NRC Web 
site 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 email to 
pdr@nrc.gov.

    Dated at Rockville, Maryland, this 8th day of May 2013.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Director, Office of Federal and State Materials, and Environmental 
Management Programs.
[FR Doc. 2013-11833 Filed 5-16-13; 8:45 am]
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