L-17-159, Administrative License Amendment Request to Reflect a Change in the Entity Providing a $400 Million Support Agreement

Administrative License Amendment Request to Reflect a Change in the Entity Providing a $400 Million Support Agreement

ML17138A381
Person / Time
Site:	Beaver Valley, Davis Besse
Issue date:	05/18/2017
From:	Belcher S FirstEnergy Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L-17-159
Download: ML17138A381 (23)

Text

FENOC Frslnsgrf inr,as 4gdirlg Ciltpnf 341 White Pond Drive Alvon, Ohio 44320 Samuel L, Belcher 3i0-436-t 393 President & Chief Nuclear Officer May 18,2017 L-17-159 10 cFR 50.90 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

Beaver Valley Power Station, Unit No. 1 Docket No. 50-334, License No. DPR-66 Davis-Besse Nuclear Power Station, Unit No. 1 Docket No. 50-346, License No. NPF-3 Administrative License Amendment Reouest to Reflect a Chanqe in the Entitv Providinq a $400 Million Support Aoreement Pursuant to 10 CFR 50.90, FirstEnergy Nuclear Operating Company (FENOC) is requesting an administrative amendment to both the Beaver Valley Power Station, Unit No. 1 (BVPS-1) and the Davis-Besse Nuclear PowerStation, Unit No. 1 (DBNPS)

Renewed Operating Licenses (ROLs). The proposed amendment would conform the BVPS-1 and DBNPS ROLs to reflect that FirstEnergy Solutions Corp. (FES) is providing the $400 million support agreement instead of FirstEnergy Corp. (FE).

By Nuclear Regulatory Commission (NRC) Order dated April 15, 2016 (Accession No. ML16078A092), which approved the transfer of certain sale-leaseback ownership of the Perry Nuclear Power Plant to FirstEnergy Nuclear Generation, LLC (FENGen or FENGenCo), the NRC accepted the change from FE to FES providing the $400 million support agreement. The NRC reaffirmed FES as the provider of the financial support agreement in the recently approved transfer of ownership for Beaver Valley Power Station, Unit No.2 dated April 14,2017 (Accession No. ML17081A433, Nonproprietary Safety Evaluation).

An evaluation of the proposed amendment is enclosed. FENOC is requesting NRC staff approval by May 31 , 2018. lmplementation of the amendment by FENOC is planned within 90 days of its approval.

There are no regulatory commitments contained in this submittal. !f there are any questions or if additional information is required, please contact Mr. Thomas A. Lentz, Manager - Fleet Licensing, at (330) 315-6810.

Beaver Valley Power Station, Unit No. 1 Davis-Besse Nuclear Power Station, Unit No. 1 L-1 7-1 59 Page 2 of perjury that the foresoing is true and correct. Executed on ti?r1il11-rT-nalty Sincere m uel L. Belcher

Enclosure:

Evaluation of a Request for Licensing Action CC NRC Region I Administrator NRC Region lll Administrator NRC BVPS Resident lnspector NRC DBNPS Resident lnspector NRC FENOC Project Manager Director, BRP/DEP Site Representative, BRP/DEP Executive Director, Ohio Emergency Management Agency, State of Ohio (NRC Liaison)

Utility Radiological Safety Board (Ohio)

Evaluation of a Request for Licensing Action Page 1 of 7

Subject:

Request for licensing action to revise the Beaver Valley Power Station, Unit No. 1, and Davis-Besse Nuclear Power Station, Unit No. 1 Renewed Operating Licenses (ROLs) to reflect that FirstEnergy Solutions Corp. is providing the $400 million support agreement. Additionally, the request will revise the DBNPS ROL to indicate that there is only one support agreement.

1.0

SUMMARY

DESCR:PTION 2.0 DETAILED DESCRIPTION

4.0 REGULATORY EVALUATION

4.1 Significant Hazards Consideration 4.2 Applicable Regulatory Requirements/Criteria 4.3 Conclusion 5.0 ENVIRONMENTAL EVALUATION Attachments:

1. Beaver Valley Power Station, Unit No. 1, Proposed Renewed Operating License Changes (Mark-up)

2. Beaver Valley Power Station, Unit No. 1, Proposed Renewed Operating License Changes (Re-typed - For lnformation Only)

3. Davis-Besse Nuclear Power Station, Unit 1, Proposed Renewed Operating License Changes (Mark-up)

4. Davis-Besse Nuclear Power Station, Unit 1, Proposed Renewed Operating License Changes (Re-typed - For lnformation Only)

Enclosure Page 2 otT 1.0

SUMMARY

DESCRIPTION This evaluation supports a request to amend Renewed Operating License (ROL)

No. DPR-66for BeaverValley PowerStation, Unit No. 1 (BVPS-1), and ROL NPF-3for Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS).

The proposed amendment would revise the BVPS-1 and the DBNPS ROLs to reflect that FirstEnergy Solutions Corp. (FES) is providing the $400 million support agreement for the facilities. Additionally, the proposed amendment will clarify the DBNPS ROL to indicate that there is only one support agreement.

By Nuclear Regulatory Commission (NRC) Order dated Apri! 15, 2016 (Accession No. ML16078A092), which approved the transfer of certain sale-leaseback ownership of the Perry Nuclear Power Plant to FirstEnergy Nuclear Generation, LLC (FENGen or FENGenCo), the NRC accepted the change from FirstEnergy Corp. (FE) to FES providing the $400 million support agreement. FirstEnergy Nuclear Operating Company (FENOC) considers the changes proposed in this request as administrative activities.

The change to FES providing the $400 million support agreement is not required for Beaver Valley Power Station, Unit No. 2, since a license transfer request for this facility, submitted on June 24,2416 (Accession No. ML161824155), included the change. This transferwas approved by the NRC on April 14,2017 (Accession No. 170584039, Package).

2.0 DETAILED DESCRIPTION The following revision is proposed for the BVPS-1 ROL.

ln ROL, Appendix C, "Additional Conditions Operating License No. DPR-66," the following condition will be added:

Based on the Commission's approval dated [date of submittal], 2018 regarding the change in the parent issuing a $400 million Support Agreement to FENGenCo, FENOC and FENGenCo shal! comply with the following conditions noted below.

The Support Agreement in the amount of $400 million from FirstEnergy Solutions Corp. (FES) described in the application dated May 18,2017 is effective. FENGenCo shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff.

FENGenCo shall inform the Director of the Office of Nuclear Reactor Regulation, in writlng, no laterthan 10 working days after anyfunds are provided to FENGenCo by FES under the terms of the Support Agreement.

This condition supersedes the condition associated with Amendment 269 described in Appendix C.

Enclosure Page 3 of 7 The following revision is proposed for the DBNPS ROL.

In ROL, ltem 3.8 the following changes will be made:

The Support Agreement described in the application dated June 1, 2005 (up to

$400 million), shall be effective consistent with the representations contained in the application. FENGenCo* shall take no action to cause eirs*Cnery FirstEnerqv Solutions Corp., or its successors and assigns, to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff, FENGenCo* shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no Iater than ten days after any funds are provided to FENGenCo* by Fi+stEnergy FirstFnerqy Solutions Corp. under ei+he# the Support Agreement.

A copy of BVPS ROL, Appendix C marked up with the proposed change is provided as . An information only copy of BVPS-1 ROL, Appendix C, retyped with the proposed change incorporated, is provided as Attachment 2. A copy of DBNPS ROL, Item 3.B marked up with the proposed changes is provided as Attachment 3. An information only copy of DBNPS ROL, Item 3.8, re-typed with the proposed changes incorporated, is provided as Attachment 4.

3.0 TECHNICAL EVALUATION

On May 18, 2005, FENOC acting on behalf of FirstEnergy Nuclear Generation Corp.

(FENGen) and Pennsylvania Power Company (Penn Power), submitted an application (Accession No. ML051450431) to the NRC requesting an Order consenting to the transfer of Penn Power's ownership interests in Beaver Valley Power Station, Units No. 1 and 2, and Perry Nuclear Power Plant, Unit No. 1 to FENGen. As described in the application, FE provided FENGen an $gO million support agreement that assured FENGen had access to funds sufficient to pay its share of the fixed operating and maintenance in the event of an unanticipated plant shutdown.

On June 1, 2005, FENOC acting on behalf of FENGen, Ohio Edison Company (Ohio Edison), OES Nuclear, lnc. (OES Nuclear), The Cleveland Electric llluminating Company (Cleveland Electric), and The Toledo Edison Company (Toledo Edison),

submitted an application (Accession No. ML051570371) to the NRC requesting an Order consenting to the transfer of Ohio Edison's, OES Nuclear's, Cleveland Electric's, and Toledo Edison's ownership interests in Beaver Valley Power Station, Units No. 1 and 2, Perry Nuclear Power Plant, Unit No. 1, and Davis-Besse Nuclear Power Station, Unit No. 1 to FENGen. As described in the application, FE provided FENGen a $400 million support agreement (which superseded the aforementioned $80 million agreement) to assure FENGen had access to funds sufficient to pay its share of the fixed operating and maintenance in the event of an unanticipated plant shutdown.

Enclosure Page 4 of 7 The NRC approved the aforementioned ownership transfers to FENGen on December 16, 2005 (Accession No. ML053460182).

On June 30,2015, FENOC on behalf of FENGen and Ohio Edison Company, submitted an application requesting the transfer of the Ohio Edison Company leased interests in the Perry Nuclear Power Plant to FENGen (Accession No. ML15181A366). The application stated that the $400 million support agreement would be revised to indicate that FES instead of FirstEnergy Corp. would provide the financial support. NRC Order dated April 15, 2016 (Accession No. ML160784092), approved the transfer of ownership to FENGen. As stated in the NRC safety evaluation, the FES to FENGen support agreement supported the NRC's conclusion that FENGen was financially qualified. The support agreement is applicable to Beaver Valley Power Station, Units No. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1.

An additional change will be made to the DBNPS ROL. The ROL will be clarified to indicate that there is only one support agreement. As stated above, there were two requests that were submitted to the NRC to transfer the aforementioned power plants to FENGen. The NRC approved the two requests by Order dated December 16, 2005 (Accession No. ML053460182). The Order contained a license condition which stated:

The Support Agreements described in the applications dated May 18, 2005 (up to $80 million), and June 1, 2005 (up to $400 million), shall be effective consistent with the representations contained in the applications. FENGenCo shall take no action to cause FirstEnergy, or its successors and assigns, to void, cancel, or modify the Support Agreements without the prior written consent of the NRC staff, except, however, the $80 million Support Agreement in connection with the transfer of the Penn Power interests may be revoked or rescinded if and when the $400 million support agreement described in the June 1, 2005 application becomes effective. FENGenCo shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no laterthan 10 days after any funds are provided to FENGenCo by FirstEnergy under either Support Agreement.

By letter dated February 22,2006 (Accession No. ML060620521), FENOC provided a copy of the executed $400 million support agreement. As a result, the $80 million support agreement has been rescinded and replaced with the $400 million support agreement. Therefore, the wording in the DBNPS ROL requires clarification to indicate that the $400 million support agreement is the only agreement in effect.

This amendment request amends the ROLs to reflect that the company providing the

$400 million support agreement is no longer FE but is FES for BVPS-1 and DBNPS.

Additionally, the amendment request provides a clarification indicating that one agreement is in place for DBNPS.

Enclosure Page 5 of 7 The request to change the company providing the support agreement is considered an administrative activity. As stated in the safety evaluation forthe April 15, 2016 Order (ML160784092) that approved the transfer of ownership of the Perry Nuclear Power Plant:

[A] $40O-million financial support agreement, provided by FENGen's direct parent, FES, which provides available funding to FENGen to meet its obligations relating to interests in the nuclear units that FENGen owns [.]

As a result, the FES $400 million support agreement has been acknowledged by the NRC as supporting the FENGen nuclear units, which include BVPS-1 and DBNPS.

The clarification of the DBNPS ROL regarding one support agreement is also considered an administrative change since the 2005 Order acknowledged that the $400 million support agreement, once executed, would supersede the $80 million agreement.

4.0 REGULATORY EVALUATION

FirstEnergy Nuclear Operating Company (FENOC) proposes to amend Renewed Operating License (ROL) No. DPR-66 for Beaver Valley Power Station, Unit No. 1 (BVPS-1), and ROL NPF-3 for Davis-Besse Nuclear Power Station, Unit No. 1 (DBNPS).

The proposed amendment would reflect that FirstEnergy Solutions Corp. (FES) is providing tne $400 million support agreement for the facilities instead of FirstEnergy Corp.

Additionally, the amendment request provides a clarification for the DBNPS ROL to indicate that there is only one support agreement in place.

4.1 Significant Hazards Consideration FENOC has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set fofth in 10 CFR 50.92, "lssuance of amendment," as discussed below.

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The proposed changes revise license conditions in the BVPS-1 and DBNPS ROLs by changing the company that provides a financial support agreement for FirstEnergy Nuclear Generation, LLC (FENGen), The NRC has stated that FENGen has adequate financial qualifications for operating Beaver Valley Power Station, Units No. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, The proposed change also revises the DBNPS renewed operating license condition to indicate that there is only one support agreement. The proposed

Enclosure Page 6 of 7 changes do not affect the requirements of the license conditions. The proposed ROL changes do not alter the design or operation of either BVPS-1 or DBNPS. As a result, accident analyses at either facility has not been affected.

Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The proposed changes revise license conditions in the BVPS-1 and DBNPS ROLs by changing the company that provides a financial support agreement for FENGen. The proposed change also revises the DBNPS renewed operating license condition to indicate that there is only one support agreement. The NRC has stated that FENGen has adequate financial qualifications. The proposed changes do not affect the requirements of the license conditions. The proposed ROL changes do not alter the design or operation of either BVPS-1 or DBNPS. No new equipment has been incorporated into the plant design or operation.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

3. Does the proposed amendment involve a significant reduction in a margin of safety?

Response: No.

The proposed changes revise license conditions in the BVPS-1 and DBNPS ROLs by changing the company that provides a financial support agreement for FENGen. The proposed change also revises the DBNPS renewed operating license condition to indicate there is only one support agreement. The NRC has stated that FENGen has adequate financial qualifications. The proposed changes do not affect the requirements of the license conditions. The proposed ROL changes do not alter the design or operation of either BVPS-1 or DBNPS. No new equipment has been incorporated into the plant design or operation.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, FENOC concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of "no significant hazards consideration" is justified.

Enclosure Page 7 of 7 4.2 Applicable Regulatory Requirements/Criteria 10 CFR 50.33(f) provides the regulatory requirements for the financial qualification of a company that operates a nuclear power plant.

ln NRC Orderdated April 15,2016 (Accession No. ML16078A092), the NRC stated that FENGen is financially qualified. The proposed changes to the BVPS-1 and DBPS ROL license conditions do not alter the financial qualifications of FENGen. The proposed ROL changes do not impact the license conditions. Therefore, the aforementioned regulatory requirements are satisfied.

4.3 Conclusions ln conclusion, based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

5.0 ENVIRONMENTAL EVALUATION The proposed amendment is confined to (i) changes to surety, insurance, and/or indemnity requirements, or (ii) changes to recordkeeping, repoiling, or administrative procedures or requirements. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(cX10). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

Attachment 1 Beaver Valley Power Station, Unit No. 1, Proposed Renewed Operating License Changes (Mark-up)

(Three pages follow)

(3) FENOC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) FENOC, pursuant to theAct and 10 CFR Parts 30,40 and 70, to receive, possess and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; (5) FENOC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

c This renewed operating Iicense shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter 1.

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50,59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below.

(1) Maximum Power Level FENOC is authorized to operate the facility at a steady state reactor core power level of 2900 megawatts thermal.

(2) Technical SpecificalionF The Technical Specifications contained in Appendix A, as revised through Amendment No. 2S7, are hereby incorporated in the license. The Iicensee shall operate the facility in accordance with the Technical Specifications.

(3) Auxiliarv River Water Svstem (Deleted by Amendment No. 8)

Amendment No. 2#

Beaver Valley Unit 1 Renewed Operating License DPR-66

-b-(10) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 2gO, are hereby incorporated into this license. FENOC shall operate the facility in accordance with the Additional Conditions.

(1 1) Mitigation Strateoy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel (b) Operations to mitigate fuel damage considering the following:

1 . Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. ldentification of readily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders Amendment No. 29O Beaver Valley Unit 1 Renewed Operating License DPR-66

APPENDIX C ADDITIONAL CONDlTIONS OPERATING LICENSE NO. DPR.66 FirstEnerov Nuclear Ooeratino Comoanv and FirstEnerov Nuclear Generation. LLC shall complv with the followino conditions on the schedules noted below:

Amendment Additional Condition Implementation Number Date Based on the Commission's approva! dated , 201 I The regarding the chanqe in the parent issuing a $400 million amendment Support Aqreement to FENGenCo, FENOC and FENGenCo shall be shall complv with the following conditions noted below. implemented within 90 davs A. The Support Aqreement in the amount of $400 million from FirstEnersv Solutions Corp. (FES) described in the application 201 I dated May 18, 2017 is effective. FENGenCo shall take no action to void, cancel, or modifu the Support Agreement without the prior written consent of the NRC staff. FENGenCo shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no laterthan 10 working davs after anv funds are provided to FENGenCo bv FES under the terms of the Support Agreement.

rV 1 c-6 m

Attachment 2 Beaver Valley Power Station, Unit No. 1, Proposed Renewed Operating License Changes (Retyped - For Information Only)

(Three pages follow)

(3) FENOC, pursuantto theAct and 10 CFR Parts 30,40 and 70, to receive, possess and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) FENOC, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; (s) FENOC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter 1:

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additiona! conditions specified or incorporated below:

(1) Maximum Power Level FENOC is authorized to operate the facility at a steady state reactor core power level of 2900 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Auxiliarv River Water Svstem (Deleted by Amendment No. 8)

Amendment No.

Beaver Valley Unit 1 Renewed Operating License DPR-66

(10) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. , are hereby incorporated into this license. FENOC shall operate the facility in accordance with the Additional Conditions.

(1 1) Mitigation Strateoy License Condition The licensee shall develop and maintain strategies for addressing Iarge fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel (b) Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. ldentification ofreadily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders Amendment No.

Beaver Valley Unit 1 Renewed Operating License DPR-66

APPENDIX C ADDITIONAL CONDITIONS OPERATING LICENSE NO. DPR.66 FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear Generction, LLC shall comply with the following conditions on the schedules noted below:

Amendment Additional Condition lmplementation Number Date Based on the Commission's approval dated , 2018 The regarding the change in the parent issuing a $400 million amendment Support Agreement to FENGenCo, FENOC and FENGenCo shall be shal! comply with the following conditions noted below. implemented within 90 days A. The Support Agreement in the amount of $400 million from from ,

FirstEnergy Solutions Gorp. (FES) described in the application 2018 dated May 18, 2017 is effective. FENGenCo shall take no action to void, cancel, or modifo the Support Agreement without the prior written consent of the NRC staff. FENGenCo shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no laterthan 10 working days after any funds are provided to FENGenCo by FES under the terms of the Support Agreement.

Beaver Valley Unit 1 c-6 Amendment No.

Attachment 3 Davis-Besse Nuclear Power Station, Unit 1, Proposed Renewed Operating License Changes (Mark-up)

(Two pages follow)

2.C. This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter l: Part 20, Section 30,34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subjectto all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level FENOC is authorized to operate the facility at steady state reactor core power levels not in excess of 2817 megawatts (thermal). Prior to attaining the power Ievel, Toledo Edison Company shall comply with the conditions identified in Paragraph (3) (o) below and complete the preoperational tests, startup tests and other items identified in Attachment 2 to this license in the sequence specified. Attachment 2 is an integral part of this renewed Iicense.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. W, are hereby incorporated in the renewed license.

FENOC shall operate the facility in accordance with the Technica!

Specifications.

(3) Additional Gonditions The matters specified in the following conditions shall be completed to the satisfaction of the Commission within the stated time periods following the issuance of the renewed license or within the operational restrictions indicated. The removal of these conditions shall be made by an amendment to the renewed license supported by a favorable evaluation by the Commission:

(a) FENOC shall not operate the reactor in operational Modes 1 and 2 with Iess than three reactor coolant pumps in operation.

(b) Deleted per Amendment 6 (c) Deleted per Amendment 5 L-5 Renewed License No. NPF-3 Amendment No. 292

B. The Support Agreement described in the application dated June 1, 2005 (up to $400 million), shall be effective consistent with the representations contained in the application. FENGenCo* shall take no action to cause

, or its successors and assigns, to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. FENGenCo* shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than ten days after any funds are provided to FENGenGo* by irstEnerqv Solutions Corp.

under ffi Support Agreement.

FOR THE NUCLEAR REGUI.ATORY COMMISSION Original Signed by William M. Dean

\Mlliam M. Dean, Director Office of Nuclear Reactor Regulation Attachments:

1. AppendixA-Technical Specifications

2. Preoperational Tests, Startup Tests and Other ltems Wtrich Must Be Completed Prior to Proceeding to Succeeding Operational Modes Date of lssuance: December 8, 2015

{. FirstEnergy Nuclear Generation Corp. (FENGenCo) has been renamed FirstEnergy Nuclear Generation, LLC.

L-19 Renewed License No. NPF-3

Attachment 4 Davis-Besse Nuclear Power Station, Unit 1, Proposed Renewed Operating License Changes (Retyped - For lnformation Only)

(Two pages follow)

2.C. This renewed Iicense shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter l: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level FENOC is authorized to operate the facility at steady state reactor core power Ievels not in excess of 2817 megawatts (thermal). Prior to attaining the power level, Toledo Edison Company shall comply with the conditions identified in Paragraph (3) (o) below and complete the preoperational tests, startup tests and other items identified in Attachment 2 to this license in the sequence specified. Attachment 2 is an integral part of this renewed license.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. , are hereby incorporated in the renewed license.

FENOC shall operate the facility in accordance with the Technical Specifications.

(3) Additional Conditions The matters specified in the following conditions shall be completed to the satisfaction of the Commission within the stated time periods following the issuance of the renewed license or within the operational restrictions indicated. The removal of these conditions shall be made by an amendment to the renewed license supported by a favorable evaluation by the Commission:

(a) FENOC shall not operate the reactor in operational Modes 1 and 2 with less than three reactor coolant pumps in operation.

(b) Deleted per Amendment 6 (c) Deleted per Amendment 5 L-5 Renewed License No. NPF-3 Amendment No.

B. The Support Agreement described in the application dated June 1, 2005 (up to $400 million), shall be effective consistent with the representations contained in the application, FENGenCo* shall take no action to cause FirstEnergy Solutions Corp., or its successors and assigns, to void, cancel, or modiff the Support Agreement without the prior written consent of the NRC staff. FENGenCo* shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no Iater than ten days after any funds are provided to FENGenCo* by FirstEnergy Solutions Corp. under the Support Agreement.

FOR THE NUCLEAR REGUI.ATORY COMMISSION Original Signed by William M. Dean

\Mlliam M. Dean, Director Office of Nuclear Reactor Regulation Attachments:

1. AppendixA-Technical Specifications

2. Preoperational Tests, Startup Tests and Other ltems \Mtich Must Be Completed Prior to Proceeding to Succeeding Operational Modes Date of lssuance: December 8, 2015

• FirstEnergy Nuclear Generation Corp. (FENGenGo) has been renamed FirstEnergy Nuclear Generation, LLC.

L-1 I Renewed License No. NPF-3