ML072080002

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Request for Additional Information Proposed License Transfer and Conforming License Amendment Request
ML072080002
Person / Time
Site: River Bend Entergy icon.png
Issue date: 07/31/2007
From: Bhalchandra Vaidya
NRC/NRR/ADRO/DORL/LPLIV
To: Kansler M
Entergy Operations
Vaidya B, NRR/DORL/LP4, 415-3308
References
TAC MD5671
Download: ML072080002 (6)


Text

July 31, 2007 Mr. Michael R. Kansler President and Chief Executive Officer, Nuclear Operations / Chief Nuclear Officer Entergy Operations, Inc.

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

SUBJECT:

RIVER BEND STATION, UNIT 1 - REQUEST FOR ADDITIONAL INFORMATION RE: PROPOSED LICENSE TRANSFER AND CONFORMING LICENSE AMENDMENT REQUEST (TAC NO. MD5671)

Dear Mr. Kansler:

By letter dated May 29, 2007, Entergy Operations, Inc., requested U.S. Nuclear Regulatory Commission (NRC) approval for Proposed License Transfer and Conforming License Amendment to Facility Operating License NPF-47, for the River Bend Station, Unit 1 (RBS).

The application, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80, seeks approval of the proposed direct transfer of the RBS Facility Operating License and NRC Materials License No. NPF-47 to Entergy Gulf States Louisiana, LLC from the current holder of the license, Entergy Gulf States, Inc. Pursuant to 10 CFR 50.90, the application also seeks the issuance of a conforming amendment to the license to reflect the transfer.

The NRC staff has reviewed the information provided in the May 29, 2007, application. In order to complete its evaluation, the NRC staff requires a response to the enclosed Request for Additional Information (RAI).

The contents of the RAI have been discussed with Mr. Jerry Burford, Mr. David Lorfing, and Mr. Doug Levanway of your staff, and a response time frame of 30 days was agreed to. If for any reason this date becomes unreasonable, please contact me at your earliest opportunity.

Sincerely, Bhalchandra Vaidya, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-458

Enclosure:

Request for Additional Information

cc: See next page

ML072080002 (**) See prior concurrence (*) No changes from RAI Memo from NRR/PFPB OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/PFPB/BC (*)

NRR/IOLB/BC(**)

NRR/LPL4/BC NAME BVaidya JBurkhardt RCarlson NSalgado MThadani for THiltz DATE 7/31/07 7/31/07 7/20/07 7/30/07 7/31/07

November 2006 River Bend Station cc:

Manager, Licensing Entergy Operations, Inc.

River Bend Station 5485 US Highway 61N St. Francisville, LA 70775 Director, Nuclear Safety & Licensing Entergy Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213-8298 Louisiana Department of Environmental Quality Radiological Emergency Planning and Response Division P.O. Box 4312 Baton Rouge, LA 70821-4312 Louisiana Department of Environmental Quality Office of Environmental Compliance P.O. Box 4312 Baton Rouge, LA 70821-4312 Senior Resident Inspector P.O. Box 1050 St. Francisville, LA 70775 President of West Feliciana Police Jury P.O. Box 1921 St. Francisville, LA 70775 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Ms. H. Anne Plettinger 3456 Villa Rose Drive Baton Rouge, LA 70806 Executive Vice President and Chief Operating Officer Entergy Operations, Inc.

P.O. Box 31995 Jackson, MS 39286-1995 General Manager Plant Operations Entergy Operations, Inc.

River Bend Station 5485 US Highway 61N St. Francisville, LA 70775 Director, Nuclear Safety Assurance Entergy Operations, Inc.

River Bend Station 5485 US Highway 61N St. Francisville, LA 70775 Vice President, Operations Support Entergy Operations, Inc.

P.O. Box 31995 Jackson, MS 39286-1995 Mr. Jim Calloway Public Utility Commission of Texas 1701 N. Congress Avenue Austin, TX 78711-3326 Attorney General State of Louisiana P.O. Box 94095 Baton Rouge, LA 70804-9095 Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, Texas 78701-3326 Richard Penrod, Senior Environmental Scientist/State Liaison Officer Office of Environmental Services Northwestern State University Russell Hall, Room 201 Natchitoches, LA 71497 Mr. Joseph E. Venable Vice President of Operations Entergy Operations, Inc.

River Bend Station 5485 US Highway 61N St. Francisville, LA 70775

November 2006

REQUESTS FOR ADDITIONAL INFORMATION REGARDING DIRECT LICENSE TRANSFER FROM ENTERGY GULF STATES, INC. TO ENTERGY GULF STATES LOUISIANA, LLC RIVER BEND STATION, UNIT 1 FACILITY OPERATING LICENSE NO. NPP-47 DOCKET NO. 50-458 NOTE: RAI #1 THROUGH #5 ARE FROM THE FINANCIAL POLICY AND RULEMAKING BRANCH AND RAI #6 IS FROM THE OPERATOR LICENSING AND HUMAN PERFORMANCE BRANCH.

1.

The application provides narrative, but not graphic, depictions of the Entergy organizations involved in the restructuring. Graphic information is necessary for the Nuclear Regulatory Commission (NRC) staff to clarify its understanding of the overall aspects of the proposed restructuring. Therefore, please provide corporate structure charts showing both the existing (before restructuring) structure and the proposed new (after restructuring) structure, including at a minimum the following entities: Entergy Corporation, Entergy Gulf States, Inc. (EGS), EGS Holdings, Inc. (EGS Holdings),

Entergy Gulf States Louisiana, LLC (EGS-LA), Entergy Texas, Inc., and Entergy Operations, Inc. (EOI) 2.

The staff understands that the antitrust license conditions in the existing license to EGS will transfer to the proposed new NRC licensee, EGS-LA. In order for the staff to determine whether the existing River Bend antitrust license conditions will be able to be fully implemented by EGS-LA, please confirm whether all of EGSs physical assets, including transmission lines and other assets that are necessary to enable EGS-LA to comply with and meet the original intent of the antitrust license conditions, will be transferred to the proposed new NRC licensee of River Bend, EGS-LA.

3.

The application states that 30 percent of the capacity and energy of River Bend is unregulated (that is, not rate regulated by the Louisiana Public Service Commission).

In order for the staff to determine the financial qualifications of EGS-LA for the capacity and energy associated with the unregulated 30 percent portion of River Bend, please explain the basis for the representation that the annual operating costs for that 30 percent portion of River Bends output will be fully covered by revenues from the Power Purchase Agreements (PPAs) identified in the application or any other source of revenues. For example, do the PPAs guarantee the payment of all costs of operating the facility associated with the 30 percent portion whether or not such costs fluctuate? If so, please provide copies of the PPAs and identify the relevant portions. If not, please provide estimates of annual operating costs associated with the 30 percent portion and estimates of expected revenues from the PPAs to cover such costs for each of the 5 years following the date of the proposed license transfer.

ENCLOSURE 4.

The application is not complete pursuant to the general information requirements in 10 CFR 50.33(d)(2) or (3)(i). Therefore, please provide the principal locations where EGS Holdings and EGS-LA will do business.

5.

The application for the license transfer does not contain information demonstrating that the proposed licensee will have a valid standard contract with the U.S. Department of Energy (DOE) for disposal of high-level radioactive waste and spent nuclear fuel that may result from the use of the license. Therefore, please confirm that EGS-LA will have entered into such a standard contract with DOE on or before the transfer date.

6.

Please provide the organization charts(*) for EOI, EGS, and EGS-LA prior to the license transfer and the organizational charts(*) for the corporate structure of these three entities after the transfer is complete.

(*)

organization information about the relationship between different organizations involved (EGS, EOI, EGS Holdings, EGS-LA, etc.), not the detailed internal organization charts.