ML022840434
| ML022840434 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/01/2002 |
| From: | Starkey R NRC/NRR/DLPM/LPD1 |
| To: | Feigenbaum T North Atlantic Energy Service Corp |
| Starkey, D, NRR/DLPM, 415-1122 | |
| References | |
| TAC MB6497 | |
| Download: ML022840434 (20) | |
Text
November 1, 2002 Mr. Ted C. Feigenbaum Executive Vice President and Chief Nuclear Officer North Atlantic Energy Service Corporation c/o Mr. James M. Peschel P.O. Box 300 Seabrook, NH 03874
SUBJECT:
ISSUANCE OF CONFORMING AMENDMENT - SEABROOK STATION, UNIT NO. 1 (TAC NO. MB6497)
Dear Mr. Feigenbaum:
By Order dated October 25, 2002, the U.S. Nuclear Regulatory Commission (NRC) approved the transfer of the license for Seabrook Station, Unit No. 1 (Seabrook Station), to the extent held by North Atlantic Energy Service Corporation (NAESCO), as the licensed operator of the facility, and certain co-owners of the facility, on whose behalf NAESCO was also acting, to FPL Energy Seabrook, LLC (FPLE Seabrook). The NRC also approved a conforming amendment.
These actions were taken pursuant to Sections 50.80 and 50.90 of Title 10 of the Code of Federal Regulations.
In a letter dated October 28, 2002, NAESCO informed the NRC that the closing for the sale of the relevant Seabrook Station ownership interests is scheduled to occur on November 1, 2002, and that all proposed selling owners will transfer their respective interests in Seabrook Station to FPLE Seabrook on that date. In a letter dated October 22, 2002, NAESCO notified the NRC that it was in receipt of all regulatory approvals other than the NRCs required for the license transfer. In a letter dated July 25, 2002, American Nuclear Insurers documented that FPLE Seabrook had obtained the appropriate amount of insurance required of licensees under 10 CFR Part 140 of the Commissions regulations.
Accordingly, the Commission has issued the enclosed Amendment No. 86 to Facility Operating License No. NPF-86 for Seabrook Station. The safety evaluation supporting the conforming amendment was enclosed with the Order issued on October 25, 2002.
T. Feigenbaum Enclosure 2 contains 13 copies of Indemnity Agreement No. B-106, Amendment No. 4, for Seabrook Station, which are required in connection with the transfer of the license. Please ensure that each of the 12 signatories receives an original copy of the Indemnity Agreement signed by all signatories and return the other original signed copy to the NRC.
Sincerely,
/RA/
Robert D. Starkey, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443
Enclosures:
- 1. Amendment No. 86 to NPF-86
- 2. Indemnity Agreements cc w/encls: See next page
T. Feigenbaum Enclosure 2 contains 13 copies of Indemnity Agreement No. B-106, Amendment No. 4, for Seabrook Station, which are required in connection with the transfer of the license. Please ensure that each of the 12 signatories receives an original copy of the Indemnity Agreement signed by all signatories and return the other original signed copy to the NRC.
Sincerely,
/RA/
Robert D. Starkey, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443
Enclosures:
- 1. Amendment No. 86 to NPF-86
- 2. Indemnity Agreements cc w/encls: See next page DISTRIBUTION:
PUBLIC PDI-2 Rdg.
SRichards JAndersen DStarkey SLittle OGC OPA BMcDermott, RGN-I ACRS GHill (4)
ADAMS Accession Number: ML022840434 *see previous concurrence OFFICE PDI-2/PM PDI-2/LA OGC* PDI-2/(A)SC NAME DStarkey SLittle SHom JAndersen DATE 10/30/02 10/30/02 10/30/02 11/1/02 OFFICIAL RECORD COPY
Seabrook Station, Unit No. 1 cc:
William J. Quinlan, Esq. Mr. Stephen McGrail, Director Assistant General Counsel ATTN: James Muckerheide Northeast Utilities Service Company Massachusetts Emergency Management P.O. Box 270 Agency Hartford, CT 06141-0270 400 Worcester Road Framingham, MA 01702-5399 Mr. Peter Brann Assistant Attorney General Philip T. McLaughlin, Attorney General State House, Station #6 Steven M. Houran, Deputy Attorney Augusta, ME 04333 General 33 Capitol Street Resident Inspector Concord, NH 03301 U.S. Nuclear Regulatory Commission Seabrook Nuclear Power Station Mr. Donald Bliss, Director P.O. Box 1149 New Hampshire Office of Emergency Seabrook, NH 03874 Management State Office Park South Town of Exeter 107 Pleasant Street 10 Front Street Concord, NH 03301 Exeter, NH 03823 Mr. Daniel G. Roy Regional Administrator, Region I Nuclear Training Manager U.S. Nuclear Regulatory Commission Seabrook Station 475 Allendale Road North Atlantic Energy Service Corp.
King of Prussia, PA 19406 P.O. Box 300 Seabrook, NH 03874 Office of the Attorney General One Ashburton Place Mr. James M. Peschel 20th Floor Manager - Regulatory Programs Boston, MA 02108 Seabrook Station North Atlantic Energy Service Corp.
Board of Selectmen P.O. Box 300 Town of Amesbury Seabrook, NH 03874 Town Hall Amesbury, MA 01913 Mr. Gene F. St. Pierre Station Director Mr. Dan McElhinney Seabrook Station Federal Emergency Management Agency North Atlantic Energy Service Corporation Region I P.O. Box 300 J.W. McCormack P.O. & Seabrook, NH 03874 Courthouse Building, Room 401 Boston, MA 02109 Mr. Frank W. Getman, Jr.
President and Chief Executive Officer BayCorp Holdings, LTD 20 International Drive, Suite 301 Portsmouth, NH 03801-6809
Seabrook Station, Unit No. 1 cc:
Mr. Bruce D. Kenyon President and Chief Executive Officer Northeast Utilities Service Company P.O. Box 270 Hartford, CT 06141-0270 Mr. Steve Allen Polestar Applied Technology, Inc.
77 Franklin Street, Suite 507 Boston, MA 02110
NORTH ATLANTIC ENERGY SERVICE CORPORATION, ET AL.
DOCKET NO. 50-443 SEABROOK STATION, UNIT NO. 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 86 License No. NPF-86
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for amendment filed by the North Atlantic Energy Service Corporation (the licensee) dated May 17, 2002, as supplemented by letters dated June 28, July 1, July 24, August 29, and October 11, 2002, 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; 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 Commissions 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 Commissions regulations and all applicable requirements have been satisfied.
- 2. Accordingly, Facility Operating License No. NPF-86 is hereby amended as indicated in the attachment to this license amendment.
- 3. This license amendment is effective as of its date of issuance and shall be implemented within 60 days.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Attachment:
Changes to the Operating License Date of Issuance: November 1, 2002
ATTACHMENT TO LICENSE AMENDMENT NO. 86 FACILITY OPERATING LICENSE NO. NPF-86 DOCKET NO. 50-443 Replace the following pages of the Facility Operating 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 Facility Operating License pages 1 through 6 Facility Operating License pages 1 through 7 Cover page for Appendix B Cover page for Appendix B Page 1 of Appendix C Page 1 of Appendix C
FPL ENERGY SEABROOK, LLC, ET AL.* _
DOCKET NO. 50-443 SEABROOK STATION, UNIT NO. 1 FACILITY OPERATING LICENSE License No. NPF-86
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for a license complies with the standards and requirements of _
the Atomic Energy Act of 1954, as amended (the Act), and the Commissions _
regulations set forth in 10 CFR Chapter I; and all required notifications to other _
agencies or bodies have been duly made; _
B. Construction of the Seabrook Station, Unit No. 1 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-135 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below);
D. There is reasonable assurance: (i) that the activities authorized by this operating 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 Commissions regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D below);
E. FPL Energy Seabrook, LLC, is technically qualified to engage in the activities _
authorized by this license in accordance with the Commissions regulations set forth in 10 CFR Chapter I; F. The licensees have satisfied the applicable provisions of 10 CFR 140, "Financial Protection Requirements and Indemnity Agreements," of the Commissions regulations;
- FPL Energy Seabrook, LLC, is authorized to act as agent for the: Hudson Light & Power _
Department, Massachusetts Municipal Wholesale Electric Company, and Taunton _
Municipal Light Plant and has exclusive responsibility and control over the physical _
construction, operation and maintenance of the facility. _
AMENDMENT NO. 86
G. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. After weighing the environmental, economical, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. NPF-86 subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR 51 of the Commissions regulations and all applicable requirements have been satisfied; and I. The receipt, possession and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commissions regulations in 10 CFR 30, 40, and 70.
- 2. Based on the foregoing findings and the Commissions Memorandum and Order, CL1-90-03 (March 1, 1990), Facility Operating License No. NPF-67 is superseded by Facility Operating License No. NPF-86, which is hereby amended to read as follows: _
A. This license applies to the Seabrook Station, Unit 1, a pressurized water nuclear reactor and associated equipment (the facility), owned by the licensees. The facility is located in Seabrook Township, Rockingham County, on the southeast coast of the State of New Hampshire, and is described in the licensees "Final Safety Analysis Report," as supplemented and amended, and in the licensees Environmental Report, as supplemented and amended.
B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:
(1) FPL Energy Seabrook, LLC, pursuant to Section 103 of the Act and _
10 CFR 50, to possess, use and operate the facility at the designated location in Rockingham County, New Hampshire, in accordance with the procedures and limitations set forth in this license; (2) Hudson Light and Power Department, Massachusetts Municipal _
Wholesale Electric Company, and Taunton Municipal Light Plant to _
possess the facility at the designated location in Rockingham County, New Hampshire, in accordance with the procedures and limitations set forth in this license; (3) FPL Energy Seabrook, LLC, pursuant to the Act and 10 CFR 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, as described in the Final Safety Analysis Report, as supplemented and amended; AMENDMENT NO. 86
(4) FPL Energy Seabrook, LLC, pursuant to the Act and 10 CFR 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; (5) FPL Energy Seabrook, LLC, pursuant to the Act and 10 CFR 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; (6) FPL Energy Seabrook, LLC, pursuant to the Act and 10 CFR 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 authorized herein; and (7) DELETED _
C. This license shall be deemed to contain and is subject to the conditions specified in the Commissions regulations set forth in 10 CFR Chapter I 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 FPL Energy Seabrook, LLC, is authorized to operate the facility at _
reactor core power levels not in excess of 3411 megawatts thermal (100% of rated power).
(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.
- and the Environmental Protection Plan contained in Appendix B are incorporated into Facility License No.
NPF-86. FPL Energy Seabrook, LLC, shall operate the facility in _
accordance with the Technical Specifications and the Environmental Protection Plan.
(3) License Transfer to FPL Energy Seabrook, LLC _
- a. On the closing date(s) of the transfer of any ownership interests in _
Seabrook Station covered by the Order approving the transfer, _
FPL Energy Seabrook, LLC, shall obtain from each respective _
transferring owner all of the accumulated decommissioning trust _
funds for the facility, and ensure the deposit of such funds and _
additional funds, if necessary, into a decommissioning trust or _
trusts for Seabrook Station established by FPL Energy Seabrook, _
LLC, such that the amount of such funds deposited meets or _
exceeds the amount required under 10 CFR 50.75 with respect to _
the interest in Seabrook Station FPL Energy Seabrook, LLC, _
acquires on such dates(s). _
- Implemented AMENDMENT NO. 86 _
- b. With respect to the decommissioning trust(s) established by FPL _
Energy Seabrook, LLC, _
(i) The decommissioning trust agreement must be in a form _
acceptable to the NRC. _
(ii) Investments in the securities or other obligations of FPL _
Group Inc. or its affiliates, successors, or assigns shall be _
prohibited. In addition, 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 shall be prohibited. _
(iii) The decommissioning trust agreement must provide that _
no disbursements or payments from the trust(s), other _
than for ordinary administrative expenses, 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 provide that _
no disbursements or payments from the trust(s) shall be _
made if the trustee receives prior written notice of _
objection from the Director of the Office of Nuclear _
Reactor Regulation. _
(iv) 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 of _
the Office of Nuclear Reactor Regulation. _
(v) The appropriate section of the decommissioning trust _
agreement shall provide that the trustee, investment _
advisor, or anyone else directing the investments made in _
the trust(s) shall adhere to a prudent investor standard, _
as specified in 18 CFR 35.32(a)(3) of the Federal Energy _
Regulatory Commissions regulations. _
ensure that the decommissioning trust(s) are maintained in _
accordance with the license transfer application and the _
requirements of the Order approving the transfer, and consistent _
with the safety evaluation supporting the Order. _
Group Capital, Inc. or its parent companies to void, cancel, or _
modify the Support Agreement to provide funding of up to $110 _
million for FPL Energy Seabrook, LLC, as represented in the _
license transfer application without prior written consent of the _
Director of the Office of Nuclear Reactor Regulation. _
AMENDMENT NO. 86
D. Exemptions FPL Energy Seabrook, LLC, is exempted from the Section III.D.2(b)(ii) _
containment airlock testing requirements of Appendix J to 10 CFR 50, because of the special circumstances described in Section 6.2.6 of SER Supplement 5 and authorized by 10 CFR 50.12(a)(2)(ii) and (iii) (51 FR 37684 October 23, 1986).
NRC Materials License No. SNM-1963, issued December 19, 1985, granted an exemption pursuant to 10 CFR 70.24 with respect to requirements for criticality alarms. FPL Energy Seabrook, LLC, is hereby exempted from _
provisions of 10 CFR 70.24 insofar as this section applies to the storage and handling of new fuel assemblies in the new fuel storage vault, spent fuel pool (when dry), and shipping containers.
These exemptions, authorized by law, will not present an undue risk to the public health and safety and are consistent with the common defense and security.
These exemptions are hereby granted pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.
E. Physical Security FPL Energy Seabrook, LLC, shall fully implement and maintain in effect all _
provisions of the physical security, guard training and qualification, and safeguards contingency plans, previously approved by the Commission and all amendments and revisions to such plans made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p) including amendments and revisions made pursuant to provisions of the Miscellaneous Amendments and Search Requirements of 10 CFR 73.55. The plans which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Seabrook Station Physical Security Plan," with revisions submitted through June 9, 1988; "Seabrook Station Security Training and Qualification Plan," with revisions submitted through November 4, 1987; and "Seabrook Station Safeguards Contingency Plan," with revisions submitted through May 19, 1987. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.
AMENDMENT NO. 86
F. Fire Protection FPL Energy Seabrook, LLC, shall implement and maintain in effect all _
provisions of the approved fire protection program as described in the Final Safety Analysis Report, the Fire Protection Program Report, and the Fire Protection of Safe Shutdown Capability Report for the facility, as supplemented and amended, and as approved in the Safety Evaluation Report, dated March 1983; Supplement 4, dated May 1986; Supplement 5, dated July 1986; Supplement 6, dated October 1986; Supplement 7, dated October 1987; and Supplement 8, dated May 1989 subject to the following provisions: FPL _
Energy Seabrook, LLC, may make changes to the approved fire protection _
program without prior approval of the Commission, only if those changes would not adversely affect the ability to achieve and maintain shutdown in the event of a fire.
G. Reporting to the Commission Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, FPL Energy Seabrook, LLC, shall report any violations of the _
requirements contained in Sections 2.C.(1) and 2.C.(2) of this license in the following manner: Initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System, with written follow-up within 30 days in accordance with the procedures described in 10 CFR Part 50.73(b), (c), and (e).
H. Financial Protection The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.
I. DELETED _
AMENDMENT NO. 86
J. Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 50, are hereby incorporated into this license. FPL Energy _
Seabrook, LLC, shall operate the facility in accordance with the Additional _
Conditions.
- 3. This license is effective as of the date of issuance and shall expire at midnight on October 17, 2026.
FOR THE NUCLEAR REGULATORY COMMISSION (Original signed by:
Thomas E. Murley)
Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments/Appendices:
- 1. Appendix A - Technical Specifications (NUREG-1386)
- 2. Appendix B - Environmental Protection Plan
- 3. Appendix C - Additional Conditions Date of Issuance: March 15, 1990 AMENDMENT NO. 86
APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-86 SEABROOK STATION, UNIT 1 FPL ENERGY SEABROOK, LLC _
DOCKET NO. 50-443 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL AMENDMENT NO. 86
APPENDIX C ADDITIONAL CONDITIONS OPERATING LICENSE NO. NPF-86 FPL Energy Seabrook, LLC, shall comply with the following conditions on the schedules noted _
below:
Amendment Additional Condition Implementation Number Date 50 NAESCO is authorized to relocate certain The amendment technical specification requirements to licensee- shall be controlled documents. Implementation of this implemented amendment shall include the relocation of these within 60 days technical specification requirements to the from March 12, appropriate documents, as described in the 1997 licensees application dated October 17, 1996, and evaluated in the staffs Safety Evaluation attached to this amendment.
1 AMENDMENT NO. 86
November 1, 2002 Docket No. 50-443 AMENDMENT TO INDEMNITY AGREEMENT NO. B-106 AMENDMENT NO. 4 Effective November 1, 2002, Indemnity Agreement No. B-106, between North Atlantic Energy Corporation, The United Illuminating Company, Great Bay Power Corporation, New England Power Company, The Connecticut Light and Power Company, Canal Electric Company , Little Bay Power Corporation, New Hampshire Electric Cooperative, Inc., Massachusetts Municipal Wholesale Electric Company, Taunton Municipal Lighting Plant, Hudson Light and Power Department, and the Nuclear Regulatory Commission, dated December 18, 1985, as amended, is hereby further amended as follows:
The following are the named licensees for the Seabrook Station:
FPL Energy Seabrook, LLC Massachusetts Municipal Wholesale Electric Company Taunton Municipal Lighting Plant Hudson Light and Power Department FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
/RA/
Christopher I. Grimes, Program Director Policy and Rulemaking Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Accepted , 2002 Accepted , 2002 By By North Atlantic Energy Corporation The United Illuminating Company Accepted , 2002 Accepted , 2002 By By Great Bay Power Corporation New England Power Company
Docket No. 50-331 Accepted , 2002 Accepted , 2002 By By The Connecticut Light and Power Company Canal Electric Company Accepted , 2002 Accepted , 2002 By By Little Bay Power Corporation New Hampshire Electric Cooperative, Inc.
Accepted , 2002 Accepted , 2002 By By Massachusetts Municipal Wholesale Taunton Municipal Lighting Plant Electric Company Accepted , 2002 Accepted , 2002 By By Hudson Light and Power Department FPL Energy Seabrook, LLC