ML053560204

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3 - Conforming License Amd. Associated with the Transfer of the Facility Operating License No. NPF-38 from Entergy Louisiana Inc. to Entergy Louisiana, Llc. (Tac. MC7974)
ML053560204
Person / Time
Site: Waterford Entergy icon.png
Issue date: 12/23/2005
From: Borchardt R
Plant Licensing Branch III-2
To: Gabe Taylor
Entergy Operations
Fields M B ,NRR/DORL,415-3062
References
TAC MC7974
Download: ML053560204 (3)


Text

December 23, 2005 Mr. Gary Taylor Chief Executive Officer Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - CONFORMING LICENSE AMENDMENT ASSOCIATED WITH THE TRANSFER OF THE FACILITY OPERATING LICENSE NO. NPF-38 FROM ENTERGY LOUISIANA, INC. TO ENTERGY LOUISIANA, LLC (TAC NO. MC7974)

Dear Mr. Taylor:

On December 2, 2005, the U.S. Nuclear Regulatory Commission (NRC) issued an Order approving the transfer of Facility Operating License No. NPF-38 for the Waterford Steam Electric Station, Unit 3 (Waterford 3), held by Entergy Louisiana, Inc. (ELI) and Entergy Operations, Inc. (EOI), and a conforming amendment, pursuant to Title 10 of the Code of Federal Regulations, Sections 50.80 and 50.90.

The December 2, 2005, Order provides that the conforming license amendment shall be issued and made effective at the time the proposed transfer is completed. On its face, therefore, issuance of the amendment concurrent with the Order was inconsistent with the explicit language of the Order which noted that the amendment would be issued concurrent with the transfer. Thus, the amendment was issued in error and, accordingly, is null and void ab initio.

In accordance with the Order, the conforming amendment will be issued and made effective when the transfer closes. Condition 1 of the Order requires that you notify the NRC in advance of the date of the closing of the transfer. Once it is confirmed that the closing has in fact occurred on such date, the conforming license amendment as approved by the Order will be issued and made effective on that date. We apologize for any inconvenience.

Sincerely,

/RA/

R. William Borchardt, Deputy Director Office of Nuclear Reactor Regulation Docket No. 50-382 cc See next page

December 23, 2005 Mr. Gary Taylor Chief Executive Officer Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - CONFORMING LICENSE AMENDMENT ASSOCIATED WITH THE TRANSFER OF THE FACILITY OPERATING LICENSE NO. NPF-38 FROM ENTERGY LOUISIANA, INC. TO ENTERGY LOUISIANA, LLC (TAC NO. MC7974)

Dear Mr. Taylor:

On December 2, 2005, the U.S. Nuclear Regulatory Commission (NRC) issued an Order approving the transfer of Facility Operating License No. NPF-38 for the Waterford Steam Electric Station, Unit 3 (Waterford 3), held by Entergy Louisiana, Inc. (ELI) and Entergy Operations, Inc. (EOI), and a conforming amendment, pursuant to Title 10 of the Code of Federal Regulations, Sections 50.80 and 50.90.

The December 2, 2005, Order provides that the conforming license amendment shall be issued and made effective at the time the proposed transfer is completed. On its face, therefore, issuance of the amendment concurrent with the Order was inconsistent with the explicit language of the Order which noted that the amendment would be issued concurrent with the transfer. Thus, the amendment was issued in error and, accordingly, is null and void ab initio.

In accordance with the Order, the conforming amendment will be issued and made effective when the transfer closes. Condition 1 of the Order requires that you notify the NRC in advance of the date of the closing of the transfer. Once it is confirmed that the closing has in fact occurred on such date, the conforming license amendment as approved by the Order will be issued and made effective on that date. We apologize for any inconvenience.

Sincerely,

/RA/

R. William Borchardt, Deputy Director Office of Nuclear Reactor Regulation Docket No. 50-382 cc: See next page DISTRIBUTION PUBLIC RidsOpaMail(SBurnell)

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ADAMS Accession No.: ML053560204 NRR-043 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/LPL4/B C

NRR/DORL NAME MFields DJohnson DTerao CHaney DATE 12/22/05 12/22/05 12/22/05 12/22/05 OFFICE OGC NRR/ADRO/AD NRR/DD

NAME SUttal BBoger RWBorchardt DATE 12/22/05 12/22/05 12/23/05 OFFICIAL RECORD COPY

May 2005 Waterford Steam Electric Station, Unit 3 cc:

Mr. Michael E. Henry, State Liaison Officer Department of Environmental Quality Permits Division P.O. Box 4313 Baton Rouge, Louisiana 70821-4313 Vice President Operations Support Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995 Director Nuclear Safety Assurance Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751 Wise, Carter, Child & Caraway P. O. Box 651 Jackson, MS 39205 General Manager Plant Operations Waterford 3 SES Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751 Licensing Manager Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751 Winston & Strawn 1700 K Street, N.W.

Washington, DC 20006-3817 Resident Inspector/Waterford NPS P. O. Box 822 Killona, LA 70066-0751 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Parish President Council St. Charles Parish P. O. Box 302 Hahnville, LA 70057 Executive Vice President

& Chief Operating Officer Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995 Chairman Louisiana Public Services Commission P. O. Box 91154 Baton Rouge, LA 70825-1697