ML071560037

Issuance of Conforming Amendments Transfer of the Facility Operating License and Operating Authority

ML071560037
Person / Time
Site:	Point Beach
Issue date:	09/28/2007
From:	Jack Cushing NRC/NRR/ADRO/DORL/LPLIII-1
To:	Koehl D, Kuester F, Rajiv Kundalkar Florida Power & Light Energy Point Beach, Nuclear Management Co, Wisconsin Electric Power Co
Cushing J, NRR/DLPM, 415-1424
Shared Package
ML071560066	List: ML071560037 ML072620302 ML072680193
References
TAC MD4112, TAC MD4113
Download: ML071560037 (9)

Text

September 28, 2007 Mr. Dennis L. Koehl Mr. F. D. Kuester Site Vice President President and Point Beach Nuclear Plant Chief Executive Officer Nuclear Management Company, LLC WE Generation 6610 Nuclear Road 231 West Michigan Street Two Rivers, WI 54241-9516 Milwaukee, WI 53201 and Mr. Rajiv Kundalkar Vice President FPL Energy Point Beach, LLC 700 Universe Boulevard Juno Beach, FL 33408

SUBJECT:

POINT BEACH NUCLEAR PLANT- LICENSE TRANSFER- ISSUANCE OF CONFORMING AMENDMENTS RE: TRANSFER OF OWNERSHIP AND OPERATING AUTHORITY (TAC NO. MD4112 AND 4113)

Dear Mr. Kundalkar:

By Order dated July 31, 2007, the Nuclear Regulatory Commission (NRC) approved the transfer of Renewed Facility Operating Licenses Nos. DPR-24 and 27 to the extent held by Wisconsin Electric Power Company (WEPCO) as owner, and Nuclear Management Company, LLC, (NMC) as licensed operator of Point Beach Nuclear Plant, Units 1 and 2 (Point Beach) to FPL Energy Point Beach, LLC (FPLE Point Beach), and approved conforming amendments, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 and 10 CFR 50.90. The Order was published in the Federal Register on August 6, 2007, (72 FR 43669). By letter dated September 21, 2007, FPLE Point Beach notified the NRC that the sale of Point Beach to FPLE Point Beach would take place on September 28, 2007.

Proof that the required insurance had been obtained was received by letter dated August 16, 2007. The American Nuclear Insurers letter of February 27, 2007, and the FPLE Point Beach letter of August 16, 2007, satisfied required insurance condition of the Order.

Accordingly, the Commission has issued the enclosed Amendment No. 228 and Amendment No. 233 to Facility Operating Licenses Nos. DPR-24 and 27, respectively, for Point Beach Nuclear Plant (Enclosure 1). The safety evaluation supporting the conforming amendments was enclosed with the above mentioned Order, issued on July 31, 2007. contains three signed originals of Amendment No. 14 to Indemnity Agreement No.

B-41, which is required in connection with the transfer of the licenses. Please sign all three and keep two of these originals for your records. Return one original to the NRC for proof of acceptance.

D. Koehl, et al. The Notice of Issuance will be included in the Commissions biweekly Federal Register notice.

Sincerely,

/RA Patrick D. Milano for/

Jack Cushing, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301

Enclosures:

1. Amendment No. 228 to DPR-24

2. Amendment No. 233 to DPR-27

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

D. Koehl, et al. The Notice of Issuance will be included in the Commissions biweekly Federal Register notice.

Sincerely,

/RA Patrick D. Milano for/

Jack Cushing, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301

Enclosures:

1. Amendment No. 228 to DPR-24

2. Amendment No. 233 to DPR-27

3. Indemnity Agreement cc w/encls: See next page DISTRIBUTION PUBLIC RidsOgcRp LPL3-1 R/F RidsAcrsAcnwMailCenter RidsNrrDorlDpr RidsNrrDorlLpl3-1 GHill (4) RidsNrrDirsItsb RidsNrrLATHarris RidsRgn3MailCenter RidsNrrPMJCushing DOCUMENT NAME: C:\FileNet\ML071560037.wpd Package Accession Number: ML071560066 Amendment Accession Number: ML071560037 License Pages No.: Ownership and Operating authority ML072680193 Indemnity Agreement Accession Number: ML072620302 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA OGC NRR/LPL3-1/(A)BC OD/NRR NAME JCushing THarris SUttal TTate JDyer DATE 09/25/07 09/25/07 09/ 25/07 09/26/07 09/28/07 OFFICIAL RECORD COPY

cc:

Jonathan Rogoff, Esquire Mr. Jeffery Kitsembel Vice President, Counsel & Secretary Electric Division Nuclear Management Company, LLC Public Service Commission of Wisconsin 700 First Street P.O. Box 7854 Hudson, WI 54016 Madison, WI 53707-7854 Mr. F. D. Kuester Nuclear Asset Manager President & Chief Executive Officer Wisconsin Electric Power Company WE Generation 231 West Michigan Street 231 West Michigan Street Milwaukee, WI 53201 Milwaukee, WI 53201 Michael B. Sellman Regulatory Affairs Manager President and Chief Executive Officer Point Beach Nuclear Plant Nuclear Management Company, LLC Nuclear Management Company, LLC 700 First Street 6610 Nuclear Road Hudson, MI 54016 Two Rivers, WI 54241 Douglas E. Cooper Mr. Ken Duveneck Senior Vice President & Chief Nuclear Town Chairman Officer Town of Two Creeks Nuclear Management Company, LLC 13017 State Highway 42 700 First Street Mishicot, WI 54228 Hudson, WI 54016 Chairman Site Director of Operations Public Service Commission Nuclear Management Company, LLC of Wisconsin 6610 Nuclear Road P.O. Box 7854 Two Rivers, WI 54241 Madison, WI 53707-7854 Mitchell S. Ross Regional Administrator, Region III Associate General Counsel U.S. Nuclear Regulatory Commission FPL Energy Point Beach, LLC Suite 210 700 Universe Blvd.

2443 Warrenville Road Juno Beach, Florida 33408 Lisle, IL 60532-4351 Arthur H. Domby Resident Inspector's Office Troutman Sanders LLP U.S. Nuclear Regulatory Commission 600 Peachtree Street 6612 Nuclear Road Atlanta, Georgia 30308 Two Rivers, WI 54241

WISCONSIN ELECTRIC POWER COMPANY NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-266 POINT BEACH NUCLEAR PLANT, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 228 Renewed License No. DPR-24

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

A. The application for amendment by Nuclear Management Company, LLC and the Wisconsin Electric Power Company (the licensees), dated January 26, 2007, as supplemented by letter dated July 11, 2007, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 Commission's 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 Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended as indicated in the attachment to this license amendment.

3. This license amendment is effective as of the date of issuance and shall be implemented within 30 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

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

Attachment:

Changes to the Renewed Facility Operating License DPR-24 Date of issuance: September 28, 2007

WISCONSIN ELECTRIC POWER COMPANY NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-301 POINT BEACH NUCLEAR PLANT, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 233 Renewed License No. DPR-27

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

A. The application for amendment by Nuclear Management Company, LLC and the Wisconsin Electric Power Company (the licensees), dated January 26, 2007, as supplemented by letter dated July 11, 2007, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 Commission's 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 Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended as indicated in the attachment to this license amendment.

3. This license amendment is effective as of the date of issuance and shall be implemented within 30 days of the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

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

Attachment:

Changes to the Renewed Facility Operating License DPR-27 Date of issuance: September 28, 2007

ATTACHMENT TO LICENSE AMENDMENT NO. 228 FOR TRANSFER OF OWNERSHIP AND OPERATING AUTHORITY TO RENEWED FACILITY OPERATING LICENSE NO. DPR-24 AND LICENSE AMENDMENT NO. 233 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-27 DOCKET NOS. 50-266 AND 50-301 Replace the following pages of the Facility Operating Licenses and Appendices A, B and C Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

REMOVE INSERT Unit 1 License Pages 1-6 Unit 1 License Pages 1-6 Unit 2 License Pages 1-6 Unit 2 License Pages 1-6 Page 4.0-1 Page 4.0-1 Appendix A cover page Appendix A cover page Appendix B cover page Appendix B cover page Page 16.1-1 Page 16.1-1 Unit 1 Appendix C page C-1 Unit 1 Appendix C page C-1 Unit 2 Appendix C page C-1 Unit 2 Appendix C page C-1

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Unit 1 Appendix C page C-2

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Unit 2 Appendix C page C-2