ML23237B422
| ML23237B422 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry, Comanche Peak, 07201043, 07200069 |
| Issue date: | 09/28/2023 |
| From: | Robert Kuntz Plant Licensing Branch III |
| To: | Hamilton D, Peters K Energy Harbor Nuclear Corp, Vistra Operations Company |
| Kuntz, RF | |
| Shared Package | |
| ML23237B448 | List: |
| References | |
| EPID L-2023-LLM-0000 | |
| Download: ML23237B422 (1) | |
Text
OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION September 28, 2023 Mr. Ken J. Peters Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Vistra Operations Company LLC Comanche Peak Nuclear Power Plant 6322 N FM 56 P.O. Box 1002 Glen Rose, TX 76043 Mr. David B. Hamilton President and Chief Nuclear Officer Energy Harbor Nuclear Corp.
168 E. Market Street Akron, OH 44308-2014
SUBJECT:
COMANCHE PEAK NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2; BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; PERRY NUCLEAR POWER PLANT, UNIT NO. 1; AND THE ASSOCIATED INDEPENDENT SPENT FUEL STORAGE INSTALLATIONS - ORDER APPROVING TRANSFER OF LICENSES AND DRAFT CONFORMING LICENSE AMENDMENTS (EPID L-2023-LLM-0000)
Dear Mr. Peters and Mr. Hamilton:
By application dated April 14, 2023 (Agencywide Documents Access and Management System Accession No. ML23104A423), as supplemented by letters dated April 20, 2023 (ML23110A788), August 7, 2023 (ML23219A106), and September 12, 2023 (ML23255A061),
Vistra Operations Company LLC (VistraOps), on behalf of itself, Comanche Peak Power Company LLC (CPPC) and certain other affiliates, and Energy Harbor Nuclear Corp. (EHNC),
acting on behalf of itself and Energy Harbor Nuclear Generation LLC (EHNG) (collectively, the Applicants), requested, pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, and Title 10 of the Code of Federal Regulations (10 CFR) Sections 50.80, Transfer of licenses, and 72.50, Transfer of license, that the U.S. Nuclear Regulatory Commission (NRC) consent to the indirect transfer of control of Facility Operating License Nos. NPF-87 and NPF-89 for Comanche Peak Nuclear Power Plant (Comanche Peak), Unit Nos. 1 and 2, respectively, and its generally licensed independent spent fuel storage installation (ISFSI), and the direct and to this letter contains proprietary information. Upon separation from, this letter is decontrolled.
OFFICIAL USE ONLY - PROPRIETARY INFORMATION K. Peters and OFFICIAL USE ONLY - PROPRIETARY INFORMATION indirect transfer of control of the following licenses and their respective generally licensed ISFSIs (collectively, the Licenses):
Renewed Facility Operating License Nos. DPR-66 and NPF-73 for Beaver Valley Power Station (Beaver Valley), Unit Nos. 1 and 2, respectively; Renewed Facility Operating License No. NPF-3 for Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-Besse); and Facility Operating License No. NPF-58 for Perry Nuclear Power Plant, Unit No. 1 (Perry).
Specifically, the application requests that the NRC consent to the license transfers resulting from a proposed transaction, as further described in a Transaction Agreement, pursuant to which VistraOps will indirectly acquire Energy Harbor Corp. (EHC) and its subsidiaries and will restructure the upstream ownership of Comanche Peak. As part of the proposed transaction, EHNCs and EHNGs parent, EHC, will become an indirect subsidiary of VistraOps via merger (such indirect subsidiary that will survive the merger is referred to herein as VOC Sub).
Following such merger, VOC Subs indirect parent company, tentatively referred to as Special Purpose Entity 2 LLC (Vistra Vision), will be indirectly owned and controlled by VistraOps, which will have an 85 percent ownership interest in Vistra Vision, and the remaining 15 percent ownership interest will be held by certain former shareholders of EHC, accounts managed by Avenue Capital Management II, L.P. and Nuveen Asset Management, LLC, and potentially certain other investors. As a result of the proposed transaction, EHNC and EHNG will become indirect subsidiaries of VistraOps. For business and tax purposes, the proposed transaction will also create three new indirect subsidiaries of VistraOps between VistraOps and CPPC, resulting in an indirect transfer of control of the Comanche Peak licenses.
Pursuant to 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit, the application also requests conforming amendments to the Licenses to reflect the proposed transfer.
The NRC staff has completed its review of the application. Enclosure 1 is the order that consents to the license transfer, subject to the conditions described therein. The order also approves the draft conforming license amendments in Enclosure 2. These amendments will be issued and made effective at the time of the completion of the license transfer. Enclosure 3 is the proprietary version of the NRC staffs safety evaluation related to the application. Enclosure 4 is the non-proprietary version of the NRC staffs safety evaluation, which is publicly available.
The order will be forwarded to the Office of the Federal Register for publication.
OFFICIAL USE ONLY - PROPRIETARY INFORMATION K. Peters and OFFICIAL USE ONLY - PROPRIETARY INFORMATION If you have any questions, please contact me at 301-415-3733 or via email at Robert.Kuntz@nrc.gov.
Sincerely,
/RA/
Robert F. Kuntz, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445, 50-446, 72-74, 50-334, 50-412, 72-1043, 50-346, 72-14, 50-440, and 72-69
Enclosures:
- 1. Order
- 2. Draft Conforming License Amendments
- 3. Safety Evaluation (Proprietary)
- 4. Safety Evaluation (Non-Proprietary) cc w/o Enclosure 3: Listserv
OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION ENCLOSURE 1 ORDER APPROVING DIRECT AND INDIRECT TRANSFER OF LICENSES COMANCHE PEAK NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2; BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; PERRY NUCLEAR POWER PLANT, UNIT NO. 1; AND THE ASSOCIATED INDEPENDENT SPENT FUEL STORAGE INSTALLATIONS
OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION ENCLOSURE 2 DRAFT CONFORMING LICENSE AMENDMENTS
OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION ENCLOSURE 3 SAFETY EVALUATION (PROPRIETARY)
OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION ENCLOSURE 4 SAFETY EVALUATION (NON-PROPRIETARY)
Package: ML23237B448 Letter: ML23237B422 Order, Enclosure 1: ML23237B427 Draft Amendments, Enclosure 2: ML23237B428 Safety Evaluation (Proprietary), Enclosure 3: ML23237B429 Safety Evaluation (Non-Proprietary), Enclosure 4: ML23237B430 FRN: ML23237B441 (not included in package)
OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NMSS/REFS/FAB/BC NRR/DRO/IOLB/BC NAME RKuntz SRohrer FMiller KMiller DATE 8/25/23 8/28/23 8/2/23 8/24/23 OFFICE OGC - NLO NRR/DORL/LPL3/BC NRR/DORL/D NMSS/D NAME JWachuka JWhited BPham JLubinski (RLewis for)
DATE 9/11/23 9/13/23 9/17/23 9/28/23 OFFICE NRR/D NRR/DORL/LPL3/PM NAME AVeil (MKing for)
RKuntz DATE 9/28/23 9/28/23