ML051290344

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Order Extending the Effectiveness of the Approval of the Transfer of the Facility Operating License from Nuclear Management Company, LLC, Wisconsin Public Service Corporation, and Wisconsin Power and Light Company to ..
ML051290344
Person / Time
Site: Kewaunee Dominion icon.png
Issue date: 06/01/2005
From: Lyon C
NRC/NRR/DLPM/LPD3
To: Christian D, Gaffney M
Dominion Energy Kewaunee, Nuclear Management Co
Lyon CF, NRR/DLPM, 415-2296
References
TAC MC6914
Download: ML051290344 (7)


Text

June 1, 2005 Mr. Michael G. Gaffney Mr. David A. Christian Site Vice President Senior Vice President - Nuclear Operations Kewaunee Nuclear Power Plant and Chief Nuclear Officer Nuclear Management Company, LLC Dominion Energy Kewaunee, Inc.

N490 Highway 42 Innsbrook Technical Center Kewaunee, WI 54216-9511 5000 Dominion Boulevard Glen Allen, VA 23060

SUBJECT:

KEWAUNEE NUCLEAR POWER PLANT - ORDER EXTENDING THE EFFECTIVENESS OF THE APPROVAL OF THE TRANSFER OF THE FACILITY OPERATING LICENSE FROM NUCLEAR MANAGEMENT COMPANY, LLC, WISCONSIN PUBLIC SERVICE CORPORATION, AND WISCONSIN POWER AND LIGHT COMPANY TO DOMINION ENERGY KEWAUNEE, INC. (TAC NO. MC6914)

Dear Mr. Gaffney and Mr. Christian:

The enclosed order is being issued in response to your request dated May 4, 2005, on behalf of Nuclear Management Company, LLC, and Dominion Energy Kewaunee, Inc., for an extension of the effectiveness of the U.S. Nuclear Regulatory Commission's (NRC's) order of June 10, 2004. The June 10, 2004, order approved the transfer of Facility Operating License No. DPR-43, held by Wisconsin Public Service Corporation, Wisconsin Power and Light Company, and Nuclear Management Company, LLC, for the Kewaunee Nuclear Power Plant, to Dominion Energy Kewaunee, Inc., and approved a conforming amendment, pursuant to Title 10 of the Code of Federal Regulations, Sections 50.80 and 50.90.

The NRC staff has considered the information presented in your May 4, 2005, request and has determined that you have shown good cause for extending the effectiveness of the order of June 10, 2004, to December 31, 2005. The enclosed order approves the extension. The conforming license amendment will be issued and made effective when the transfer is completed.

The safety evaluation enclosed with the June 10, 2004, order remains valid. This order is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-305

Enclosure:

Order cc w/encl: See next page

ML051290344 NRR-106 OFFICE PDIII-1/PM PDIII-1/LA TechEditor IROB/SC EPD/SC RPRP/SC NAME FLyon THarris PKleene DTrimble EWeiss EMcKenna DATE 5/27/05 5/10/05 5/12/05 5/13/05 5/16/05 5/16/05 OFFICE OGC PDIII-1/SC PDIII/D DLPM/D NRR/D NAME SUttal LRaghavan AMohseni LMarsh JDyer NLO w/chg (JStang for)

DATE 5/25/05 5/27/05 5/27/05 05/31/05 06/01/05

SUBJECT:

KEWAUNEE NUCLEAR POWER PLANT - ORDER EXTENDING THE EFFECTIVENESS OF THE APPROVAL OF THE TRANSFER OF THE FACILITY OPERATING LICENSE FROM NUCLEAR MANAGEMENT COMPANY, LLC, WISCONSIN PUBLIC SERVICE CORPORATION, AND WISCONSIN POWER AND LIGHT COMPANY TO DOMINION ENERGY KEWAUNEE, INC.

DISTRIBUTION:

PUBLIC SECY PDIII-1 R/F TKozak JDyer DlpmDpr AMohseni DWeaver (OEDO)

LRaghavan BRichter RPelton SBurnell, OPA THarris DTrimble ACRS AMcKeigney OGC RMoody FLyon

Kewaunee Nuclear Power Plant cc:

John Paul Cowan David Zellner Executive Vice President & Chairman - Town of Carlton Chief Nuclear Officer N2164 County B Nuclear Management Company, LLC Kewaunee, WI 54216 700 First Street Hudson, WI 54016 Mr. Jeffery Kitsembel Electric Division Plant Manager Public Service Commission of Wisconsin Kewaunee Nuclear Power Plant PO Box 7854 N490 Highway 42 Madison, WI 53707-7854 Kewaunee, WI 54216-9511 Lillian M. Cuoco, Esq., Senior Counsel Manager, Regulatory Affairs Dominion Resources Services, Inc.

Kewaunee Nuclear Power Plant Rope Ferry Road N490 Highway 42 Waterford, CT 06385 Kewaunee, WI 54216-9511 John E. Matthews, Esq.

David Molzahn Morgan, Lewis & Brockius LLP Nuclear Asset Manager 1111 Pennsylvania Ave, N.W.,

Wisconsin Public Service Corporation Washington, D.C. 20004 600 N. Adams Street Green Bay, WI 54307-9002 Mr. Leon Swerin Office of General Counsel Resident Inspectors Office Public Service Commission of Wisconsin U. S. Nuclear Regulatory Commission PO Box 7854 N490 Hwy 42 Madison, WI 53707-7854 Kewaunee, WI 54216-9511 William D. Harvey, President Regional Administrator, Region III Wisconsin Power & Light (Alliant)

U. S. Nuclear Regulatory Commission 222 West Washington Ave 2443 Warrenville Road, Suite 210 PO Box 192 Lisle, IL 60532-4352 Madison, WI 53701-0192 Jonathan Rogoff Allen W. Williams, Jr., Esq.

Vice President, Counsel & Secretary Foley & Lardner Nuclear Management Company, LLC 777 East Wisconsin Ave 700 First Street Milwaukee, WI 53202 Hudson, WI 54016 Larry L. Weyers Chairman, President and CEO Wisconsin Public Service Corporation 600 North Adams Street Green Bay, WI 54307-9002

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of ) Docket No. 50-305

)

WISCONSIN PUBLIC SERVICE CORPORATION, ) License No. DPR-43 WISCONSIN POWER AND LIGHT COMPANY, AND )

NUCLEAR MANAGEMENT COMPANY, LLC )

)

(Kewaunee Nuclear Power Plant, Unit No. 1) )

ORDER EXTENDING THE EFFECTIVENESS OF THE APPROVAL OF THE TRANSFER OF LICENSE AND CONFORMING AMENDMENT I.

Wisconsin Public Service Corporation (WPSC), Wisconsin Power and Light Company (WPL), and Nuclear Management Company, LLC (NMC) (the licensees) are the holders of Facility Operating License No. DPR-43, which authorizes operation of Kewaunee Nuclear Power Plant, Unit No. 1 (Kewaunee or the facility). The facility is located at the licensees site in Kewaunee County, Wisconsin. The license authorizes WPSC and WPL to possess, and NMC to use and operate, Kewaunee.

II.

By order dated June 10, 2004, the Commission approved the transfer of the license for Kewaunee to Dominion Energy Kewaunee, Inc. (Dominion Energy Kewaunee). By its terms, the order of June 10, 2004, becomes null and void if the license transfer is not completed by June 30, 2005, unless upon application and for good cause shown, the Commission extends the effectiveness of the approval.

III.

By letter dated May 4, 2005, NMC, on behalf of itself, WPSC, and WPL, submitted a request to extend the effectiveness of the order of June 10, 2004, until December 31, 2005.

According to the letter, Kewaunee is currently in an extended unit shutdown to address certain recently identified design issues. Based on the current asset sales agreement between the owners and Dominion Energy Kewaunee, the license transfer will not occur until the unit has been returned to full power operation. The licensee's present schedule for addressing the plant design issues, returning the unit to full power operation, and completing the license transfer shows that all of these items will be done before June 30, 2005. However, Dominion Energy Kewaunee and NMC consider it prudent to request an extension of the order approving the license transfer if unforeseen circumstances make an extension necessary. Therefore, NMC requests an extension of the order until December 31, 2005, to permit completion of the Kewaunee license transfer. In its May 4, 2005, letter, NMC also stated that no conditions under which the NRC order was granted have been significantly changed or detrimentally affected since the order was issued.

The NRC staff has considered the licensee's May 4, 2005, request and has determined that the licensee has shown good cause for extending the effectiveness of the order of June 10, 2004, as requested.

IV.

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, IT IS HEREBY ORDERED that the effectiveness of the herein described order of June 10, 2004, is extended such that if the subject license transfer from NMC, WPSC, and WPL to Dominion Energy Kewaunee referenced above is not completed by December 31, 2005, the order of June 10, 2004, shall become null and void, unless upon application and for good cause shown,

the Commission further extends the effectiveness of the order.

This Order is effective upon issuance.

For further details with respect to this action, see the submittal dated May 4, 2005, which is available for public inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and is accessible electronically through the ADAMS Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

Dated at Rockville, Maryland, this 1st day of June 2005.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

J. Dyer, Director Office of Nuclear Reactor Regulation