ML041600248

R. E. Ginna, Amendment, Issuance of Conforming Amendment Re Transfer of License

ML041600248
Person / Time
Site:	Ginna
Issue date:	06/10/2004
From:	Clark R NRC/NRR/DLPM/LPD1
To:	Mecredy R, Wallace M Constellation Generation Group, Rochester Gas & Electric Corp
Shared Package
ML041600257	List: ML041600248
References
TAC MC1567
Download: ML041600248 (13)

Text

June 10, 2004 Dr. Robert C. Mecredy Mr. Michael J. Wallace Vice President, Nuclear Operations President, Constellation Generation Group Rochester Gas and Electric Corporation 1997 Annapolis Exchange Parkway 89 East Avenue Suite 500 Rochester, NY 14649 Annapolis, MD 21401

SUBJECT:

R. E. GINNA NUCLEAR POWER PLANT - ISSUANCE OF CONFORMING AMENDMENT (TAC NO. MC1567)

Dear Messrs. Mecredy and Wallace:

By Order dated May 28, 2004, and amended June 4, 2004, the Nuclear Regulatory Commission (NRC) approved the transfer of the license for R. E. Ginna Nuclear Power Plant (Ginna) held by Rochester Gas and Electric Corporation (RG&E) to R. E. Ginna Nuclear Power Plant, LLC, (Ginna LLC), as the proposed owner and operator of Ginna. The NRC also approved the conforming amendments pursuant to Sections 50.80 and 50.90 of Title 10 of the Code of Federal Regulations.

In a letter dated May 12, 2004, the American Nuclear Insurers notified the NRC of their commitment to provide Ginna LLC, at the time of the transfer, the appropriate amount of insurance required of the licensee under 10 CFR Part 140 of the Commissions regulations. In a letter dated May 24, 2004, Constellation Generation Group, LLC (CGG) and RG&E notified the NRC that it was in receipt of all regulatory approvals required for license transfer. In a letter dated June 2, 2004, CGG and RG&E informed the NRC that the closing of the license transfer is scheduled to occur on June 10, 2004.

Accordingly, the Commission has issued the enclosed Amendment No. 84 to Renewed Facility Operating License No. DPR-18 for Ginna. The safety evaluation supporting the conforming amendments was enclosed with the Order issued on May 28, 2004.

R. Mecredy and M. Wallace Enclosed are 3 copies of Amendment No. 12 to Indemnity Agreement No. B-38. Please execute all of the copies and return one signed copy to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001.

Sincerely,

/RA/

Robert Clark, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244

Enclosures:

1. Amendment No. 84 to License No. DPR-18

2. Indemnity Agreement cc w/encls: See next page

R. Mecredy and M. Wallace Enclosed are 3 copies of Amendment No. 12 to Indemnity Agreement No. B-38. Please execute all of the copies and return one signed copy to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001.

Sincerely,

/RA/

Robert Clark, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244

Enclosures:

1. Amendment No. 84 to License No. DPR-18

2. Indemnity Agreement cc w/encls: See next page Distribution:

PUBLIC R. Clark OGC PDI-1 Reading File S. Little A. Young, ASLB C. Holden CBixler, RGN-I OPA R. Laufer ACRS G. Hill (4)

BThomas SUttal Package No.: ML041600257 Indemnity Agreement: ML ADAMS ACCESSION No. ML041600248 OFFICE PDI-1/PM PDI-1/LA OGC PDI-1/SC NAME RClark SLittle SUttal TColburn for RLaufer DATE 6/7/04 6/7/04 6/7/04 6/7/04 OFFICIAL RECORD COPY

R.E. Ginna Nuclear Power Plant cc:

Kenneth Kolaczyk, Sr. Resident Inspector Mr. Paul Eddy R.E. Ginna Plant New York State Department of U.S. Nuclear Regulatory Commission Public Service 1503 Lake Road 3 Empire State Plaza, 10th Floor Ontario, NY 14519 Albany, NY 12223 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Daniel F. Stenger Ballard Spahr Andrews & Ingersoll, LLP 601 13th Street, N.W., Suite 1000 South Washington, DC 20005 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl Administrator, Monroe County Office of Emergency Preparedness 1190 Scottsville Road, Suite 200 Rochester, NY 14624

ROCHESTER GAS AND ELECTRIC CORPORATION DOCKET NO. 50-244 R. E. GINNA NUCLEAR POWER PLANT AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 84 License No. DPR-18

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

A. The application for amendment filed by Rochester Gas and Electric Corporation (the licensee) dated December 16, 2003, as supplemented by letters from the licensee dated March 26, and April 30, 2004, and from Constellation Generation Group, LLC dated February 27, April 30, and June 3, 2004, 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, Renewed Facility Operating License No. DPR-18 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 30 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License Date of Issuance: June 10, 2004

ATTACHMENT TO LICENSE AMENDMENT NO. 84 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-18 DOCKET NO. 50-244 Replace the following pages of the Renewed 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 Pages Insert Pages 1 through 5 1 through 6

R. E. GINNA NUCLEAR POWER PLANT, LLC DOCKET NO. 50-244 R. E. GINNA NUCLEAR POWER PLANT RENEWED FACILITY OPERATING LICENSE NO. DPR-18

1. The U.S. Nuclear Regulatory Commission (the Commission) having previously made the findings set forth in License No. DPR-18 issued December 10, 1984, has now found that:

A. The application to renew License No. DPR-18 filed by Rochester Gas and Electric Corporation (RG&E) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the rules and regulations of the Commission set forth in Title 10 of the Code of Federal Regulations (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 this renewed license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for R. E. Ginna Nuclear Power Plant (the 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. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; D. There is reasonable assurance (i) that the facility can be operated at power levels up to 1520 megawatts (thermal) without endangering the health and safety of the public; and (ii) that such activities will be conducted in compliance with the regulations of the Commission (except as exempted from compliance in Section 2.D below);

E. R. E. Ginna Nuclear Power Plant, LLC (Ginna LLC) is technically and financially qualified to engage in the activities authorized by this renewed operating license in accordance with the rules and regulations of the Commission; Amendment No. 84

F. Ginna LLC has furnished proof of financial protection that satisfies the requirements of 10 CFR Part 140; G. The issuance of this renewed license will not be inimical to the common defense and security or to the health and safety of the public; and H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental costs and considering available alternatives, the Commission concludes that the issuance of Renewed Operating License No.

DPR-18 is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

2. On the basis of the foregoing findings regarding this facility, Facility Operating License No. DPR-18, is superseded by Renewed Facility Operating License No. DPR-18, hereby issued to RG&E and subsequently transferred to Ginna LLC to read as follows:

A. This renewed license applies to the R. E. Ginna Nuclear Power Plant, a closed cycle, pressurized, light-water-moderated and cooled reactor, and electric generating equipment which is owned by Ginna LLC (licensee). The facility is located on the licensees site on the south shore of Lake Ontario, Wayne County, New York, about 16 miles east of the City of Rochester and is described in the licensees Updated Final Safety Analysis Report (UFSAR), as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Ginna LLC:

(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 Wayne County, New York, in accordance with the procedures and limitations set forth in this renewed license; (2) Pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time special nuclear material or reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation as described in the Final Safety Analysis Report, as amended, and Commission Safety Evaluations dated November 15, 1976, October 5, 1984, November 14, 1984, and August 30, 1995.

(a) Pursuant to the Act and 10 CFR Part 70, to receive and store four (4) mixed oxide fuel assemblies in accordance with the RG&Es application dated December 14, 1979 (transmitted by letter dated December 20, 1979);

Amendment No. 84

(b) Pursuant to the Act and 10 CFR Part 70, to possess and use four (4) mixed oxide fuel assemblies in accordance with the RG&Es application dated December 14, 1979 (transmitted by letter dated December 20, 1979), as supplemented February 20, 1980 and March 5, 1980; (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, or 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 renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR 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 rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified below:

(1) Maximum Power Level Ginna LLC is authorized to operate the facility at steady-state power levels up to a maximum of 1520 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 84, are hereby incorporated in the renewed license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection (a) The licensee shall implement and maintain in effect all fire protection features described in the licensees submittals referenced in and as approved or modified by the NRCs Fire Protection Safety Evaluation (SE) dated February 14, 1979 and Amendment No. 84

SE supplements dated December 17, 1980, February 6, 1981, June 22, 1981, February 27, 1985 and March 21, 1985 or configurations subsequently approved by the NRC, subject to provision (b) below.

(b) The licensee 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 safe shutdown in the event of a fire.

(c) Deleted (4) Deleted (5) Deleted (6) Deleted (7) License Transfer (a) On the closing date of the transfer of the facility, Ginna LLC shall obtain from RG&E the greater of (1) $200,791,928 or (2) the amount necessary to meet the minimum formula amount under 10 CFR 50.75 calculated as of the date of closing for decommissioning funding assurance for the facility, and ensure the deposit of such funds into a decommissioning trust for the facility established by Ginna LLC.

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

(c) The licensee shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application and the requirements of the Order approving license transfer, and shall be consistent with the Safety Evaluation supporting that Order.

D. The facility requires an exemption from certain requirements of 10 CFR 50.46(a)(1). This includes an exemption from 50.46(a)(1), that emergency core cooling system (ECCS) performance be calculated in accordance with an acceptable calculational model which conforms to the provisions in Appendix K (SER dated April 18, 1978). The exemption will expire upon receipt and approval of revised ECCS calculations. The aforementioned exemption is authorized by law and will not endanger life property or the common Amendment No. 84

defense and security and is otherwise in the public interest. Therefore, the exemption is hereby granted pursuant to 10 CFR 50.12.

E. The licensee 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 27827 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: Robert Emmet Ginna Nuclear Plant Physical Security Plan, with revisions submitted through August 18, 1987; Robert Emmet Ginna Nuclear Plant Guard Training and Qualification Plan with revisions submitted through July 30, 1981; and Robert Emmet Ginna Nuclear Plant Safeguards Contingency Plan with revisions submitted through April 14, 1981. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.

F. The Updated Final Safety Analysis Report supplement, submitted pursuant to 10 CFR 54.21(d), describes certain future activities to be completed prior to the period of extended operation. Ginna LLC shall complete these activities no later than September 18, 2009, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection.

The Updated Final Safety Analysis Report supplement, as revised, shall be included in the next scheduled update to the Updated Final Safety Analysis Report required by 10 CFR 50.71(e)(4) following issuance of this renewed license. Until that update is complete, Ginna LLC may make changes to the programs and activities described in the supplement without prior Commission approval, provided that Ginna LLC evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

G. All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of ASTM E 185-82 to the extent practicable for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation. Any capsules placed in storage must be maintained for future insertion, unless approved by the NRC.

Amendment No. 84

H. This renewed license is effective as of the date of issuance and shall expire at midnight on September 18, 2029.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by J. E. Dyer, Director Office of Nuclear Reactor Regulation

Attachment:

Appendix A - Technical Specifications Date of Issuance: May 19, 2004 Amendment No. 84