[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Pages 28005-28006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11249]



[NRC-2013-0003; Docket Nos. 52-009; Permit No. ESP-002]

System Energy Resources, Inc.; Grand Gulf Nuclear Station; Order 
Approving Direct and Indirect Transfers of Early Site Permit and 
Approving Conforming Amendment


    System Energy Resources, Inc. (SERI), is the permit holder of Grand 
Gulf Early Site Permit (ESP) No. ESP-002. The ESP-002 is for a site 
adjacent to Grand Gulf Nuclear Station (GGNS). The GGNS is located in 
Claiborne County, Mississippi.


    By application dated September 27, 2012, as supplemented by letters 
dated January 29 and April 16, 2013, Entergy Operations, Inc. (EOI), 
requested on behalf of itself, SERI, and their parent companies 
(together, the applicants), pursuant to Sec.  50.80 and Sec.  52.28 of 
Title 10 of the Code of Federal Regulations (10 CFR), that the U.S. 
Nuclear Regulatory Commission (NRC) consent to certain license 
transfers to permit the direct transfer of Grand Gulf ESP Site, to a 
new limited liability company, System Energy Resource, LLC (SERL). The 
applicants also requested approval of conforming ESP amendment that 
would replace references to SERI in the ESP with references to SERL to 
reflect the transfer of ownership. In addition, the applicants 
requested the NRC consent to approve associated indirect license 
transfers to the extent such would be affected by the formation of a 
new intermediary holding company. Entergy Corporation (Entergy) will 
remain as the ultimate parent company, but a new intermediate company, 
Entergy Utilities Holdings, LLC, a Delaware limited liability company, 
will be created, which will be the direct parent company of SERL. 
Ultimately, SERL will hold the ESP. The license transfers are necessary 
to support a proposed transaction whereby the transmission assets of 
Entergy in Arkansas, Louisiana, Mississippi, Missouri, and Texas will 
become owned by ITC Holdings Corp. and operated by Midwest Independent 
Transmission System Operator, Inc.
    Approval of the direct and indirect transfers of the ESP was 
requested by EOI, acting on behalf of SERI, as well as their parent 
companies and itself. A notice entitled, ``Consideration of Approval of 
Application Regarding Proposed Creation of a Holding Company and 
Transfer of Early Site Permit and Conforming Amendment and Opportunity 
for a Hearing,'' was published in the Federal Register on January 11, 
2013 (78 FR 2451). No hearing requests or petitions to intervene were 
received. The NRC received comments from a member of the public in 
Webster, Texas, on February 8, 2013 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML13044A011). The comments did 
not provide any information in addition to that in the application, nor 
did they provide any information contradictory to that provided in the 
    Under 10 CFR 50.80 and 52.28, no license or permit, or any right 
thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the ESP, unless the NRC shall give 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 proposed indirect transfer of control of the subject ESP held 
by SERI to the extent such will result from the proposed formation of 
the intermediary holding company in conjunction with the planned direct 
transfer of SERI to SERL to the extent affected in order to support 
transfer of the Entergy transmission assets as described in the 
application, is otherwise consistent with the applicable provisions of 
law, regulations, and orders issued by the NRC, pursuant thereto, 
subject to the conditions set forth below. The NRC staff has further 
found that the application for the proposed ESP amendment complies with 
the standards and requirements of the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's rules and regulations set forth 
in 10 CFR Chapter I; the facilities will operate in conformity with the 
application, the provisions of the Act and the rules and regulations of 
the Commission; there is reasonable assurance that the activities 
authorized by the proposed ESP amendment can be conducted without 
endangering the health and safety of the public and that such 
activities will be conducted in compliance with the Commission's 
regulations; the issuance of the proposed ESP amendment will not be 
inimical to the common defense and security or to the health and safety 
of the public; and the issuance of the proposed amendment will be in 
accordance with 10 CFR Part 51 of the Commission's regulations and all 
applicable requirements have been satisfied. The findings set forth 
above are supported by a safety evaluation dated the same day as this 


    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), 
2201(o), and 2234; and 10 CFR 50.80 and 10 CFR 52.28, it is hereby 
ordered that the application regarding the indirect and direct ESP 
transfers related to the proposed corporate restructuring in connection 
with the separation of the Entergy transmission system is approved.
    It is further ordered that consistent with 10 CFR 2.1315(b), the 
ESP amendment that makes a change, as indicated in Enclosure 7 to the 
cover letter forwarding this Order (ADAMS Accession No. ML13077A237), 
to reflect the subject direct transfer, is approved. The amendment 
shall be issued and made effective at the time the proposed direct 
transfer action is completed.
    It is further ordered that after receipt of all required regulatory 
approvals of the proposed direct transfer action, EOI shall inform the 
Director of the Office of Nuclear Reactor Regulation and the Director 
of the Office of New Reactors in writing of such receipt, and of the 
date of closing, no later than 1 business day before the closing of the 
direct transfer. Should the proposed direct transfer not be completed 
within 1 year of this Order's date of issuance, this Order shall become 
null and void, provided, however, upon written application and 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 initial 
application dated September 27, 2012 (ADAMS Accession No. ML12275A013), 
as supplemented by letters dated January 29 and April 16, 2013 (ADAMS 
Accession Nos. ML13030A204 and ML13107A010, respectively), and the 
safety evaluation dated the same date as this Order (ADAMS Accession 
No. ML13077A237), which are available for public inspection at the 
Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area 01 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20852. Publicly available documents created or 

[[Page 28006]]

at the NRC are accessible electronically through ADAMS in the NRC 
Library at 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 
[email protected].

    Dated at Rockville, Maryland, this 3rd day of May 2013.

    For the Nuclear Regulatory Commission.
Glenn M. Tracy,
Director, Office of New Reactors.
[FR Doc. 2013-11249 Filed 5-10-13; 8:45 am]