ML062130121

Withdrawal of Request for Amendment

ML062130121
Person / Time
Site:	South Texas
Issue date:	07/27/2006
From:	Thadani M NRC/NRR/ADRO/DORL/LPLIV
To:	Sheppard J South Texas
Thadani M, NRR/DLPM, 415-1476
References
TAC MC5721, TAC MC5720
Download: ML062130121 (7)

Text

July 27, 2006 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2, RE: WITHDRAWAL OF REQUEST FOR AMENDMENTS (TAC NOS. MC5720 AND MC5721)

Dear Mr. Sheppard:

By letter dated January 20, 2005, STP Nuclear Operating Company (STPNOC) applied for amendments to South Texas Project, Units 1 and 2, Operating Licenses NPF-76 and NPF-80, respectively. The proposed change was to modify the facility technical specifications (TSs) 3/4.8.2 pertaining to Battery Parameters. Subsequently, by letter dated February 28, 2006, STPNOC submitted a revised application, pursuant to Section 50.90 of Title 10 of the Code of Federal Regulations, for proposed changes to TSs 3/4.8.2. In a telephone conversation between Mr. Phillip Walker of your staff and me, it was agreed that the February 28, 2006, application would supercede the January 20, 2005, application and the January 20, 2005, application would be withdrawn.

By letter dated May 25, 2006, we informed you that the U.S. Nuclear Regulatory Commission would consider the proposed application for amendments to be withdrawn unless you notified us by June 9, 2006, that our understanding was incorrect. Since the allotted time has passed and you have not responded, we consider the amendment request withdrawn.

The Commission has filed the enclosed Notice of Withdrawal of Application for Amendments to Facility Operating License with the Office of the Federal Register for publication.

Sincerely,

/RA/

Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

Enclosure:

Notice of Withdrawal cc w/encl: See next page

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION STP NUCLEAR OPERATING COMPANY DOCKET NOS. 50-498 AND 50-499 NOTICE OF WITHDRAWAL OF APPLICATION FOR AMENDMENTS TO FACILITY OPERATING LICENSES The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of STP Nuclear Operating Company (the licensee) to withdraw its application for the proposed amendments to Facility Operating License No. NPF-76, to be issued to the licensee for operation of the South Texas Project, Unit 1; and Facility Operating License No. NPF-80, to be issued to South Texas Project, Unit 2; located in Matagorda County, Texas.

The purpose of the licensee's request for amendments was to revise the Technical Specifications (TSs) to change TSs 3/4.8.2.1, DC Sources - Operating, and TS 3/4.8.2.2, DC Sources - Shutdown, with the addition of a new TS 3/4.8.2.3, Battery Parameters, to incorporate actions for responding to out-of-limit conditions, and surveillance for verification of battery parameters. The proposed changes would have revised allowed outage times for battery chargers, as well as battery charger testing criteria. Also, the proposed changes would have relocated a number of battery surveillance requirements to a licensee-controlled Battery Monitoring and Maintenance Program.

The Commission had previously issued a Notice of Consideration of Issuance of amendments published in the FEDERAL REGISTER on March 1, 2005 (70 FR 9997).

However, by letter dated May 25, 2006, the NRC informed the licensee that the NRC would consider the proposed application for amendments to be withdrawn unless the licensee notified

the NRC by June 9, 2006, that our understanding was incorrect. Thus, the January 20, 2005, application for amendments is considered to be withdrawn by the licensee.

For further details with respect to this action, see (1) the application for amendments dated January 20, 2005, and (2) the NRC staff's letter dated May 25, 2006. Documents may be examined, and/or copied for a fee, at the NRCs Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, http://www.nrc.gov/reading-rm.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by email to pdr@nrc.gov.

Dated at Rockville, Maryland, this 27th day of July 2006.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

ML062130121 OFFICE NRR/LPLIV/PM NRR/LPLIV/LA NRR/LPLIV/BC NAME MThadani LFeizollahi DTerao DATE 07/26/06 07/26/06 07/27/06 C:\ADAMS\Cache\ML0621301210.wpd South Texas Project, Units 1 & 2 South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector E. D. Halpin U.S. Nuclear Regulatory Commission Site Vice President/

P. O. Box 910 Plant General Manager Bay City, TX 77414 STP Nuclear Operating Company P.O. Box 289 C. Kirksey/C. M. Canady Wadsworth, TX 77483 City of Austin Electric Utility Department S. M. Head, Manager, Licensing 721 Barton Springs Road STP Nuclear Operating Company Austin, TX 78704 P. O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Mr. J. J. Nesrsta Mr. R. K. Temple Environmental and Natural Resources City Public Service Board Policy Director P. O. Box 1771 P. O. Box 12428 San Antonio, TX 78296 Austin, TX 78711-3189 INPO Jon C. Wood Records Center Cox, Smith, & Matthews 700 Galleria Parkway 112 East Pecan, Suite 1800 Atlanta, GA 30339-3064 San Antonio, TX 78205 Regional Administrator, Region IV Director U.S. Nuclear Regulatory Commission Division of Compliance & Inspection 611 Ryan Plaza Drive, Suite 400 Bureau of Radiation Control Arlington, TX 76011 Texas Department of State Health Services 1100 West 49th Street Steve Winn Austin, TX 78756 Texas Genco, LP 12301 Kurland Drive Brian Almon Houston, TX 77034 Public Utility Commission William B. Travis Building Judge, Matagorda County P. O. Box 13326 Matagorda County Courthouse 1701 North Congress Avenue 1700 Seventh Street Austin, TX 78701-3326 Bay City, TX 77414 Susan M. Jablonski A. H. Gutterman, Esq. Office of Permitting, Remediation Morgan, Lewis & Bockius and Registration 1111 Pennsylvania Avenue, NW Texas Commission on Washington, DC 20004 Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector

South Texas Project, Units 1 & 2 Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109