ML003727966

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Order Approving the Transfer of Renewed Facility Operating Licenses for Calvert Cliffs Nuclear Power Plant and the Materials License for Independent Spent Fuel Storage Installation from Baltimore Gas and Electric Company, and Conforming Ame
ML003727966
Person / Time
Site: Calvert Cliffs  Constellation icon.png
Issue date: 06/30/2000
From: Dromerick A
NRC/NRR/DLPM
To: Denton R
Baltimore Gas & Electric Co (BGE)
References
-RFPFR, L23060, TAC MA8343, TAC MA8344
Download: ML003727966 (28)


Text

June 30, 2000 Mr. Robert E. Denton Executive Vice President - Generation Baltimore Gas and Electric Company Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657

SUBJECT:

ORDER APPROVING THE TRANSFER OF RENEWED FACILITY OPERATING LICENSES FOR CALVERT CLIFFS NUCLEAR POWER PLANT AND THE MATERIALS LICENSE FOR CALVERT CLIFFS INDEPENDENT SPENT FUEL STORAGE INSTALLATION FROM BALTIMORE GAS AND ELECTRIC COMPANY TO CALVERT CLIFFS NUCLEAR POWER PLANT, INC. AND CONFORMING AMENDMENTS (TAC NOS. MA8343, MA8344 AND L23060)

Dear Mr. Denton:

The NRC staff has completed its review of your application dated February 29, 2000, as supplemented April 7, April 27, May 2, May 19, and June 20, 2000, requesting approval of the transfer of Renewed Facility Operating Licenses Nos. DPR-53 and DPR-69 for the Calvert Cliffs Nuclear Power Plant, Units 1 and 2, and Materials License No. SNM-2505 for the Calvert Cliffs Independent Spent Fuel Storage Installation held by Baltimore Gas and Electric Company to Calvert Cliffs Nuclear Power Plant, Inc., and approval of conforming amendments, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80, 10 CFR 50.90, 10 CFR 72.50 and 10 CFR 72.56. The enclosed Order approves the proposed transfer, subject to conditions described therein. The Order also approves conforming license amendments, which will be made effective at the time the transfer is completed.

Enclosures 3 and 4 contain the proprietary and nonproprietary versions, respectively, of the staffs safety evaluation related to the preceding action. The nonproprietary version of the safety evaluation will be placed in the NRC public document room and added to the Agency-wide Documents Access and Management Systems Publicly Available Records System

R.E. Denton (ADAMS PARS) Library. The Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Alexander W. Dromerick, Sr. Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-317, 50-318, 72-8

Enclosures:

1. Order
2. Conforming Amendments to DPR-53, DPR-69 and SNM-2505
3. Safety Evaluation (Proprietary)
4. Safety Evaluation (Non-Proprietary) cc w/encls: See next page NOTE: THIS DOCUMENT BECOMES NONPROPRIETARY UPON REMOVAL OF ENCLOSURE 3

R.E. Denton (ADAMS PARS) Library. The Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Alexander W. Dromerick, Sr. Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-317, 50-318, 72-8

Enclosures:

1. Order
2. Conforming Amendments to DPR-53, DPR-69 and SNM-2505
3. Safety Evaluation (Proprietary)
4. Safety Evaluation (Non-Proprietary) cc w/encls: See next page Distribution: See next page DOCUMENT NAME: C:\ORDA8343&44.wpd *See previous concurrence OFFICE PM:PDI-1 LA:PDI-1 IOLB* RGEB* NMSS* SC:PDI-1(A)

NAME ADromerick:cn SLittle GTracy CCarpenter WBrach MGamberoni DATE 6/28/00 6/28/00 6/26/00 6/26/00 6/27/00 6/28/00 OFFICE D:PDI OGC D:DLPM D:NRR D:NMSS D:NRR NAME MGamberoni SHom SBlack for JZwolinski for WKane RZimmerman for for EAdensam JZwolinski BSheron SCollins DATE 6/28/00 6/29/00 6/28/00 6/29/00 6/29/00 6/29/00 OFFICIAL RECORD COPY NOTE: THIS DOCUMENT BECOMES NONPROPRIETARY UPON REMOVAL OF ENCLOSURE 3

ORDER APPROVING TRANSFER OF FACILITY OPERATING LICENSES FOR CALVERT CLIFFS, UNITS 1 AND 2 DISTRIBUTION PUBLIC PDI-2 Reading SCollins/RZimmerman EAdensam MGamberoni VDricks SLittle ADromerick OGC ACRS GHill (4)

SECY MOprendek, RI SOConnor, NMSS PM VTharpe, NMSS LA

Calvert Cliffs Nuclear Power Plant Unit Nos. 1 and 2 President Mr. Joseph H. Walter, Chief Engineer Calvert County Board of Public Service Commission of Commissioners Maryland 175 Main Street Engineering Division Prince Frederick, MD 20678 6 St. Paul Centre Baltimore, MD 21202-6806 James P. Bennett, Esquire Counsel Kristen A. Burger, Esquire Baltimore Gas and Electric Company Maryland People's Counsel P.O. Box 1475 6 St. Paul Centre Baltimore, MD 21203 Suite 2102 Baltimore, MD 21202-1631 Jay E. Silberg, Esquire Shaw, Pittman, Potts, and Trowbridge Patricia T. Birnie, Esquire 2300 N Street, NW Co-Director Washington, DC 20037 Maryland Safe Energy Coalition P.O. Box 33111 Mr. Bruce S. Montgomery, Director Baltimore, MD 21218 NRM Calvert Cliffs Nuclear Power Plant Mr. Loren F. Donatell 1650 Calvert Cliffs Parkway NRC Technical Training Center Lusby, MD 20657-4702 5700 Brainerd Road Chattanooga, TN 37411-4017 Resident Inspector U.S. Nuclear Regulatory Mr. Charles H. Cruse Commission Vice President, Nuclear Energy P.O. Box 287 Baltimore Gas & Electric Company St. Leonard, MD 20685 Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Mr. Richard I. McLean, Manager Lusby, MD 20657 Nuclear Programs Power Plant Research Program Maryland Dept. of Natural Resources Tawes State Office Building, B3 Annapolis, MD 21401 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406

PROPRIETARY CC LIST Jay E. Silberg, Esquire Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW Washington, DC 20037

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket Nos. 50-317, 50-318, 72-8

)

BALTIMORE GAS AND ELECTRIC COMPANY ) Renewed License No. DPR-53

) Renewed License No. DPR-69 (Calvert Cliffs Nuclear Power Plant, ) License No. SNM-2505 Units 1 and 2, and )

Calvert Cliffs Independent Spent Fuel )

Storage Installation) )

ORDER APPROVING TRANSFER OF LICENSES AND CONFORMING AMENDMENTS I.

Baltimore Gas and Electric Company (BGE or the licensee) is the holder of Renewed Facility Operating Licenses Nos. DPR-53 and DPR-69, which authorize operation of Calvert Cliffs Nuclear Power Plant, Units 1 and 2 (CCNPP or Calvert Cliffs), and Materials License No.

SNM-2505, which authorizes operation of the Calvert Cliffs Independent Spent Fuel Storage Installation (Calvert Cliffs ISFSI). The facilities are located at the licensees site in Calvert County, Maryland. The operating licenses authorize BGE to possess, use, and operate Calvert Cliffs. The materials license authorizes BGE to receive, possess, transfer and store power reactor spent fuel at the Calvert Cliffs ISFSI.

II.

By application dated February 29, 2000, as supplemented April 7, April 27, May 2, May 19, and June 20, 2000 (collectively, the application), BGE requested that the Commission consent to certain proposed license transfers that would be necessary in

connection with the corporate restructuring of BGE in accordance with Marylands Electric Customer Choice and Competition Act of 1999. Under this restructuring, Constellation Energy Group, Inc. (Constellation Energy), the parent of BGE, has formed a wholly owned subsidiary, Constellation Nuclear Group, LLC (CN). BGE proposes to transfer ownership of and the licenses for CCNPP and the ISFSI to a subsidiary of BGE, Calvert Cliffs Nuclear Power Plant, Inc. (Company). BGE will then transfer the ownership of Company to Constellation Energy, which in turn will transfer the ownership of Company to CN. The result will be that CN, as owned by Constellation Energy will own Company, which will be the owner and licensee of CCNPP and the ISFSI. No physical changes to the facilities or operational changes were proposed in the application.

Approval of the transfer of the facility operating licenses and conforming license amendments was requested by BGE pursuant to 10 CFR 50.80 and 50.90, and approval of the transfer of the materials license and conforming amendment was requested by BGE pursuant to 10 CFR 72.50 and 72.56. Notice of the request for approval and an opportunity for a hearing was published in the Federal Register on May 4, 2000 (65 FR 25963). No hearing requests or written comments were received.

Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. In addition, pursuant to 10 CFR 72.50, no license shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. After reviewing the information in the application from BGE and other information before the Commission and relying upon the representations and agreements contained in the application, the NRC staff has determined that Company is qualified to be the holder of the licenses and that the transfer of the licenses to Company is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission, subject to

the conditions set forth below. The NRC staff has further found that (1) the application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commissions rules and regulations set forth in 10 CFR Chapter 1; (2) the facilities will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; (3) there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commissions regulations; (4) the issuance of the proposed license amendments will not be inimical to the common defense and security or the health and safety of the public; and (5) the issuance of the proposed amendments will be in accordance with 10 CFR Part 51 of the Commissions regulations, and all applicable requirements have been satisfied. The foregoing findings are supported by a safety evaluation dated June 30, 2000.

III.

Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2201(b), 2201(i), and 2234, and 10 CFR 50.80 and 10 CFR 72.50, IT IS HEREBY ORDERED that the transfer of the licenses, as described herein, to Company is approved, subject to the following conditions:

(1) Company shall, prior to completion of the subject transfers, provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that Company has obtained the appropriate amount of insurance required of licensees under 10 CFR Part 140 of the Commissions regulations.

(2) If the transfer of the licenses is not completed by July 1, 2001, this Order shall become null and void, provided, however, upon written application and for good cause shown, such date may in writing be extended.

(3) The decommissioning trust agreement for Calvert Cliffs and the ISFSI, at the time the license transfers are effected and thereafter, is subject to the following:

(a) The decommissioning trust agreement must be in a form acceptable to the NRC.

(b) With respect to the decommissioning trust funds, investments in the securities or other obligations of Constellation Energy or its affiliates, successors, or assigns shall be prohibited. Except for investments tied to market indexes or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear power plants are prohibited.

(c) The decommissioning trust agreement must provide that no disbursements or payments from the trusts shall be made by the trustee unless the trustee has first given the NRC 30-days prior written notice of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trusts shall be made if the trustee receives prior written notice of objection from the Director, Office of Nuclear Reactor Regulation.

(d) The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30-days prior written notification to the Director, Office of Nuclear Reactor Regulation.

(e) The appropriate section of the decommissioning trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trusts shall adhere to a prudent investor standard, as specified in 18 CFR 35.32(a)(3) of the Federal Energy Regulatory Commissions regulations.

(4) Company shall provide decommissioning funding assurance, to be held in decommissioning trusts for Calvert Cliffs upon the transfer of the licenses to Company, in an amount equal to or greater than the balance in the Calvert Cliffs decommissioning trusts immediately prior to the transfer. In addition, Company shall ensure that all contractual arrangements referred to in the application to obtain necessary decommissioning funds for Calvert Cliffs through a non-bypassable charge are executed and will be maintained until the decommissioning trusts are fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commissions regulations are maintained.

(5) Company shall take all necessary steps to ensure that the decommissioning trusts are maintained in accordance with the application, the requirements of this Order, and the related safety evaluation.

IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), license amendments that make changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the licenses to reflect the subject license transfers are approved. The amendments shall be issued with this Order and shall be made effective at the time the proposed license transfers are completed.

This Order is effective upon issuance.

For further details with respect to this action, see the initial application dated February 29, 2000, supplements dated April 7, April 27, May 2, May 19, and June 20, 2000, and the safety evaluation dated June 30, 2000, which are available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW.,

Washington, DC, and accessible electronically through the ADAMS Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

Dated at Rockville, Maryland, this 30th day of June, 2000.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Roy P. Zimmerman, Acting Director Office of Nuclear Reactor Regulation

/RA/

William F. Kane, Director Office of Nuclear Material Safety and Safeguards

BALTIMORE GAS AND ELECTRIC COMPANY DOCKET NO. 50-317 CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 237 Renewed License No. DPR-53

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Baltimore Gas and Electric Company (the licensee) dated February 29, 2000, as supplemented April 7, April 27, May 2, May 19, and June 20, 2000, 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; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended as indicated in the attachment to this license amendment.
3. This license amendment is effective as of the date of the closing of the transfer of the license to Calvert Cliffs Nuclear Power Plant, Inc., and shall be implemented within 45 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA by Roy P. Zimmerman for/

Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the License Date of Issuance: June 30, 2000

ATTACHMENT TO LICENSE AMENDMENT NO. 237 RENEWED FACILITY OPERATING LICENSE NO. DPR-53 DOCKET NO. 50-317 Replace the following pages of the License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

REMOVE INSERT 1 1 2 2 3 3

RENEWED FACILITY OPERATING LICENSE CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 1 CALVERT CLIFFS NUCLEAR POWER PLANT, INC.

DOCKET NO. 50-317 Renewed License No. DPR-53

1. The U.S. Nuclear Regulatory Commission (Commission), having previously made the findings set forth in License No. DPR-53 issued on July 31, 1974, has now found that:

A. The application to Renewed License No. DPR-53 filed by Baltimore Gas and Electric Company* complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1), and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the Calvert Cliffs Nuclear Power Plant, Unit 1 (facility), and that any changes made to the plants current licensing basis in order to comply with 10 CFR 54.29(a) are in accord with the Act and the Commissions regulations; C. There is reasonable assurance: (i) that the activities authorized by this renewed license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the applicable regulations set forth in 10 CFR Chapter I, except as exempted from compliance; D. The Calvert Cliffs Nuclear Power Plant, Inc. (the licensee), has satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements; E. The renewal of this license will not be inimical to the common defense and security or the health and safety of the public; and

  • By Order dated June 30, 2000, the transfer of this license to Calvert Cliffs Nuclear Power Plant, Inc., was approved.

Amendment No. 237

F. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs, and considering available alternatives, the renewal of this license is in accordance with 10 CFR Part 51 and all applicable requirements have been satisfied.

2. On the basis of the foregoing findings regarding this facility, Facility Operating License No. DPR-53, issued on July 31, 1974, is superseded by Renewed Facility Operating License No. DPR-53, which is hereby issued to Calvert Cliffs Nuclear Power Plant, Inc.

to read as follows:

A. This license applies to the Calvert Cliffs Nuclear Power Plant, Unit 1, a pressurized water reactor and associated equipment (the facility), owned by Calvert Cliffs Nuclear Power Plant, Inc. The facility is located in Calvert County, Maryland, and is described in the licensees Final Safety Analysis Report (FSAR), as supplemented and amended, and the licensees Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Calvert Cliffs Nuclear Power Plant, Inc.:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, to possess, use, and operate the facility at the designated location in Calvert County, Maryland, in accordance with the procedures and limitations set forth in this license; (2) Pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (3) 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) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use, in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30 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 license is deemed to contain and is subject to the conditions set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act, and the Amendment No. 237

rules, regulations, and orders of the Commission, now or hereafter applicable; and is subject to the additional conditions specified and incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at steady-state reactor core power levels not in excess of 2700 megawatts-thermal in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 237, are hereby incorporated into this license. The licensee shall operate the facility in accordance with the Technical Specifications.

(a) For Surveillance Requirements (SRs) that are new, in Amendment 227 to Facility Operating License No. DPR-53, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 227. For SRs that existed prior to Amendment 227, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment 227.

(3) Additional Conditions The Additional Conditions contained in Appendix C as revised through Amendment No. 237 are hereby incorporated into this license. Calvert Cliffs Nuclear Power Plant, Inc. shall operate the facility in accordance with the Additional Conditions.

(4) Secondary Water Chemistry Monitoring Program The Calvert Cliffs Nuclear Power Plant, Inc., shall implement a secondary water chemistry monitoring program to inhibit steam generator tube degradation. This program shall include:

a. Identification of a sampling schedule for the critical parameters and control points for these parameters;
b. Identification of the procedures used to quantify parameters that are critical to control points; Amendment No. 237

BALTIMORE GAS AND ELECTRIC COMPANY DOCKET NO. 50-318 CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 211 Renewed License No. DPR-69

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Baltimore Gas and Electric Company (the licensee) dated February 29, 2000, as supplemented April 7, April 27, May 2, May 19, and June 20, 2000, 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; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended as indicated in the attachment to this license amendment.
3. This license amendment is effective as of the date of the closing of the transfer of the license to Calvert Cliffs Nuclear Power Plant, Inc., and shall be implemented within 45 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA by Roy P. Zimmerman for/

Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the License Date of Issuance: June 30, 2000

ATTACHMENT TO LICENSE AMENDMENT NO. 211 RENEWED FACILITY OPERATING LICENSE NO. DPR-69 DOCKET NO. 50-318 Replace the following pages of the License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

REMOVE INSERT 1 1 2 2 4 4

RENEWED FACILITY OPERATING LICENSE CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT 2 CALVERT CLIFFS NUCLEAR POWER PLANT, INC.

DOCKET NO. 50-318 Renewed License No. DPR-69

1. The U.S. Nuclear Regulatory Commission (Commission), having previously made the findings set forth in License No. DPR-69 issued on November 30, 1976, has now found that:

A. The application to Renewed License No. DPR-69 filed by Baltimore Gas and Electric Company* complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1), and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the Calvert Cliffs Nuclear Power Plant, Unit 2 (facility), and that any changes made to the plants current licensing basis in order to comply with 10 CFR 54.29(a) are in accord with the Act and the Commissions regulations; C. There is reasonable assurance: (i) that the activities authorized by this renewed license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the applicable regulations set forth in 10 CFR Chapter I, except as exempted from compliance; D. The Calvert Cliffs Nuclear Power Plant, Inc. (the licensee), has satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements; E. The renewal of this license will not be inimical to the common defense and security or the health and safety of the public; and

  • By Order dated June 30, 2000, the transfer of this license to Calvert Cliffs Nuclear Power Plant, Inc., was approved.

Amendment No. 211

F. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs, and considering available alternatives, the renewal of this license is in accordance with 10 CFR Part 51 and all applicable requirements have been satisfied.

2. On the basis of the foregoing findings regarding this facility, Facility Operating License No. DPR-69, issued on November 30, 1976, is superseded by Renewed Facility Operating License No. DPR-69, which is hereby issued to Calvert Cliffs Nuclear Power Plant, Inc. to read as follows:

A. This license applies to the Calvert Cliffs Nuclear Power Plant, Unit 2, a pressurized water reactor and associated equipment (the facility), owned by Calvert Cliffs Nuclear Power Plant, Inc. The facility is located in Calvert County, Maryland, and is described in the licensees Final Safety Analysis Report (FSAR), as supplemented and amended, and the licensees Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Calvert Cliffs Nuclear Power Plant, Inc.:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, to possess, use, and operate the facility at the designated location in Calvert County, Maryland, in accordance with the procedures and limitations set forth in this license; (2) Pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (3) 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) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use, in amounts as required, any byproduct, source, and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30 and 70 to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

Amendment No. 211

(5) Additional Conditions The Additional Conditions contained in Appendix C as revised through Amendment No. 211 are hereby incorporated into this license. Calvert Cliffs Nuclear Power Plant, Inc. shall operate the facility in accordance with the Additional Conditions.

(6) Secondary Water Chemistry Monitoring Program The Calvert Cliffs Nuclear Power Plant, Inc., shall implement a secondary water chemistry monitoring program to inhibit steam generator tube degradation. This program shall include:

a. Identification of a sampling schedule for the critical parameters and control points for these parameters;
b. Identification of the procedures used to quantify parameters that are critical to control points;
c. Identification of process sampling points;
d. Procedure for recording and management of data;
e. Procedures defining corrective actions for off control point chemistry conditions; and
f. A procedure identifying the authority responsible for the interpretation of the data and the sequence and timing of administrative events required to initiate corrective action.

D. The Calvert Cliffs Nuclear Power Plant, Inc., shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency plans, including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled, respectively:

Calvert Cliffs Nuclear Power Plant Physical Security Plan, with revisions submitted through February 17, 1988; Calvert Cliffs Nuclear Power Plant Guard Training and Qualification Plan, with revisions submitted through November 1, 1985; and Calvert Cliffs Nuclear Power Plant Safeguards Contingency Plan, with revisions submitted February 9, 1988. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.

E. The Calvert Cliffs Nuclear Power Plant, Inc., is required to implement and maintain the administrative controls identified in Section 6 of the NRCs Fire Protection Safety Evaluation on the facility dated September 14, 1979.

Amendment No. 211

Appendix C Additional Conditions Facility Operating License No. DPR-53 Calvert Cliffs Nuclear Power Plant, Inc. (the licensee or Company) shall comply with the following conditions on the schedule noted below:

Amendment Number Additional Condition Implementation Date 227 Baltimore Gas and Electric Company This amendment is (BGE) is authorized to relocate effective immediately certain Technical Specification and shall be requirements to licensee-controlled implemented by documents. Implementation of this August 31, 1998.

Amendment shall include the relocation of these requirements to the appropriate documents as described in the licensees application dated December 4, 1996, as supplemented by letters dated March 27, June 9, June 18, July 21, August 14, August 19, September 10, October 6, October 20, October 23, November 5, 1997 and January 12, January 28, and March 16, 1998, evaluated in the NRC staffs Safety Evaluation enclosed with this amendment.

228 BGE is authorized to incorporate The updated UFSAR in the UFSAR certain changes regarding shall be implemented Main Steam Line Break, Steam within 6 months after Generator Tube Rupture, Seized Rotor, restart from the and Boron Dilution Analyses. spring 1998 refueling outage.

237 The decommissioning trust agreement To be implemented for Calvert Cliffs, Unit 1 at the at time the license time the license transfer to the transfer to the licensee licensee from BGE is effected, from BGE is effected.

is subject to the following:

(a) The decommissioning trust agreement must be in a form acceptable to the NRC.

Amendment No. 237

Appendix C (Contd.)

Additional Conditions Facility Operating License No. DPR-53 Amendment Number Additional Condition Implementation Date (b) With respect to the decommissioning trust funds, investments in the securities or other obligations of Constellation Energy Group, Inc. or its affiliates, successors, or assigns shall be prohibited.

Except for investments tied to market indexes or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear power plants are prohibited.

(c) The decommissioning trust agreement must provide that no disbursements or payments from the trust shall be made by the trustee until the trustee has first given the NRC 30-days prior written notice of payment.

The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the Director, Office of Nuclear Reactor Regulation.

(d) The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30-days prior written notification to the Director, Office of Nuclear Reactor Regulation.

Amendment No. 237

Appendix C (Contd.)

Additional Conditions Facility Operating License No. DPR-53 Amendment Number Additional Condition Implementation Date (e) The appropriate section of the decommissioning trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a prudent investor standard, as specified in 18 CFR 35.32(a)(3) of the Federal Energy Regulatory Commissions regulations.

237 Company shall provide decommissioning funding assurance, to be held in decommissioning trusts for Calvert Cliffs Unit 1 upon the transfer of the license to Company, in an amount equal to or greater than the balance in the Calvert Cliffs Unit 1 decommissioning trusts immediately prior to the transfer. In addition, Company shall ensure that all contractual arrangements referred to in the application for approval of the transfer of this license to Company to obtain necessary decommissioning funds for Calvert Cliffs Unit 1 through a non-bypassable charge are executed and will be maintained until the decommissioning trust is fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commissions regulations are maintained.

Company shall take all necessary steps to ensure that the decommissioning trusts are maintained in accordance with the application for approval of the transfer of this license to Company, the requirements of the Order dated June 30, 2000 approving the transfer, and the related safety evaluation.

Amendment No. 237

Appendix C Additional Conditions Facility Operating License No. DPR-69 Calvert Cliffs Nuclear Power Plant, Inc. (the licensee or Company) shall comply with the following conditions on the schedule noted below:

Amendment Number Additional Condition Implementation Date 201 Baltimore Gas and Electric Company This amendment is (BGE) is authorized to relocate certain effective immediately Technical Specification requirements and shall be to licensee-controlled documents. implemented by Implementation of this amendment shall August 31, 1998.

include the relocation of these requirements to the appropriate documents as described in the licensees application dated December 4, 1996, as supplemented by letters dated March 27, June 9, June 18, July 21, August 14, August 19, September 10, October 6, October 20, October 23, November 5, 1997, and January 12, January 28, and March 16, 1998, evaluated in the NRC staffs Safety Evaluation enclosed with this amendment.

202 BGE is authorized to incorporate The updated UFSAR certain changes in the UFSAR regarding shall be implemented Main Steam Line Break, Steam within 6 months after Generator Tube Rupture, Seized Rotor, restart from the and Boron Dilution Analyses. spring 1999 refueling outage.

211 The decommissioning trust agreement To be implemented for Calvert Cliffs, Unit 2 at the time at time the license the license transfer to the licensee transfer to the licensee from BGE is effected, is subject from BGE is effected.

to the following:

(a) The decommissioning trust agreement must be in a form acceptable to the NRC.

Amendment No. 211

Appendix C (Contd.)

Additional Conditions Facility Operating License No. DPR-69 Amendment Number Additional Condition Implementation Date (b) With respect to the decommissioning trust funds, investments in the securities or other obligations of Constellation Energy Group, Inc. or its affiliates, successors, or assigns shall be prohibited.

Except for investments tied to market indexes or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear power plants are prohibited.

(c) The decommissioning trust agreement must provide that no disbursements or payments from the trust shall be made by the trustee until the trustee has first given the NRC 30-days prior written notice of payment.

The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the Director, Office of Nuclear Reactor Regulation.

(d) The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30-days prior written notification to the Director, Office of Nuclear Reactor Regulation.

Amendment No. 211

Appendix C (Contd.)

Additional Conditions Facility Operating License No. DPR-69 Amendment Number Additional Condition Implementation Date (e) The appropriate section of the decommissioning trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a prudent investor standard, as specified in 18 CFR 35.32(a)(3) of the Federal Energy Regulatory Commissions regulations.

211 Company shall provide decommissioning funding assurance, to be held in decommissioning trusts for Calvert Cliffs Unit 2 upon the transfer of the license to Company, in an amount equal to or greater than the balance in the Calvert Cliffs Unit 2 decommissioning trusts immediately prior to the transfer. In addition, Company shall ensure that all contractual arrangements referred to in the application for approval of the transfer of this license to Company to obtain necessary decommissioning funds for Calvert Cliffs Unit 2 through a non-bypassable charge are executed and will be maintained until the decommissioning trust is fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commissions regulations are maintained.

Company shall take all necessary steps to ensure that the decommissioning trusts are maintained in accordance with the application for approval of the transfer of this license to Company, the requirements of the Order dated June 30, 2000 approving the transfer, and the related safety evaluation.

Amendment No. 211