ML072420498

Order Approving the Direct Transfer of Facility Operating License License No. NPF-47 from Entergy Gulf States, Inc., to Entergy Gulf States Louisiana, LLC and Conforming Amendment

ML072420498
Person / Time
Site:	River Bend
Issue date:	10/26/2007
From:	Bhalchandra Vaidya NRC/NRR/ADRO/DORL/LPLIV
To:	Kansler M Entergy Operations
Vaidya B, NRR/DORL/LP4, 415-3308
Shared Package
ML072430536	List: ML072420498
References
TAC MD5671
Download: ML072420498 (10)

Text

October 26, 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 - ORDER APPROVING TRANSFER OF FACILITY OPERATING LICENSE NO. NPF-47 AND CONFORMING AMENDMENT (TAC NO. MD5671)

Dear Mr. Kansler:

The U.S. Nuclear Regulatory Commission (NRC) staff has completed its review of your application dated May 29, 2007, as supplemented by letters dated August 30 and September 19, 2007. Your application requested approval of the transfer of Facility Operating License No. NPF-47 for the River Bend Station, Unit 1 (RBS), to the extent currently held by Entergy Gulf States, Inc. (EGS) as owner of RBS, to a new Louisiana limited liability company, Entergy Gulf States Louisiana, LLC (EGS-LA), and approval of a conforming amendment, pursuant to Title 10 of the Code of Federal Regulations, Section 50.80, Transfer of Licenses, and 10 CFR 50.90, Application for Amendment of License, Construction Permit, or Early Site Permit. The transfer is associated with the planned restructuring of EGS. Entergy Operations, Inc., currently the licensed operator of RBS, will continue to operate RBS and hold the operating authority under the license.

The enclosed Order (Enclosure 1) approves the proposed transfer, subject to the conditions described therein. The Order also approves a conforming license amendment (Enclosure 2),

which will be issued and made effective at the time the transfer is completed, with the changes indicated in the conforming amendment.

M. R. Kansler Enclosure 3 is the NRCs safety evaluation related to the preceding action, which will be placed in the NRC Public Document Room and added to the Agencywide Documents Access and Management Systems (ADAMS) Publicly Available Records System library. This Order is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

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

Enclosures:

1. Order

2. Conforming Amendment

3. Safety Evaluation cc w/encls: See next page

Pkg ML072420536, Letter and Order ML072420498, Conforming Amendment/SE ML072710588, License/Appendix C ML072740029

• No significant changes to SE **See previous concurrence ***No Legal Objection ADM-012 NRR-043 OFFICE NRR/LPL4/PM NRR/LPL4/LA TechEditor DPR/PFPB/BC DIRS/IOLB/BC NAME BVaidya:sp JBurkhardt Lisa-Ann Culp RCarlson NSalgado DATE 10/5/07 10/5/07 10/3/07 10/12/07 10/9/07 OFFICE NRR/LPL4/BC NRR/DORL/D NRR/ADRO/AD OGC NRR/D NAME THiltz CHaney BBoger SUttal*** JDyer DATE 10/15/07 10/18/07 10/19/07 10/25/07 10/26/07 River Bend Station cc:

Senior Vice President Louisiana Department of Environmental Entergy Nuclear Operations Quality P.O. Box 31995 Radiological Emergency Planning and Jackson, MS 39286-1995 Response Division P.O. Box 4312 Senior Vice President and COO Baton Rouge, LA 70821-4312 Entergy Operations, Inc.

P.O. Box 31995 Louisiana Department of Environmental Jackson, MS 39286-1995 Quality Office of Environmental Compliance Vice President, Operations Support P.O. Box 4312 Entergy Operations, Inc. Baton Rouge, LA 70821-4312 P.O. Box 31995 Jackson, MS 39286-1995 Attorney General State of Louisiana General Manager, Plant Operations P.O. Box 94095 Entergy Operations, Inc. Baton Rouge, LA 70804-9095 River Bend Station 5485 U.S. Highway 61N President of West Feliciana St. Francisville, LA 70775 Police Jury P.O. Box 1921 Director, Nuclear Safety & Licensing St. Francisville, LA 70775 Entergy Services, Inc.

440 Hamilton Avenue Mr. Brian Almon White Plains, NY 10601 Public Utility Commission William B. Travis Building Director, Nuclear Safety Assurance P.O. Box 13326 Entergy Operations, Inc. 1701 North Congress Avenue River Bend Station Austin, Texas 78701-3326 5485 U.S. Highway 61N St. Francisville, LA 70775 Mr. Jim Calloway Public Utility Senior Manager, Nuclear Safety & Commission of Texas Licensing 1701 N. Congress Avenue Entergy Services, Inc. Austin, TX 78711-3326 P.O. Box 31995 Jackson, MS 39286-1995 Ms. H. Anne Plettinger 3456 Villa Rose Drive Manager, Licensing Baton Rouge, LA 70806 Entergy Operations, Inc.

River Bend Station Mr. Richard Penrod, Senior Environmental 5485 U.S. Highway 61N Scientist/State Liaison Officer St. Francisville, LA 70775 Office of Environmental Services Northwestern State University Russell Hall, Room 201 Natchitoches, LA 71497 September 2007

River Bend Station cc:

Senior Resident Inspector P.O. Box 1050 St. Francisville, LA 70775 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Mr. Joseph E. Venable Site Vice President Entergy Operations, Inc.

River Bend Station 5485 U.S. Highway 61N St. Francisville, LA 70775 September 2007

ENCLOSURE 1 ORDER APPROVING TRANSFER OF LICENSE AND CONFORMING AMENDMENT

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY GULF STATES, INC. ) Docket No. 50-458

) License No. NPF-47 ENTERGY OPERATIONS, INC. )

)

(River Bend Station, Unit 1) )

ORDER APPROVING TRANSFER OF FACILITY OPERATING LICENSE AND CONFORMING AMENDMENT I.

Entergy Gulf States, Inc. (EGS) and Entergy Operations, Inc. (EOI) are the holders of Facility Operating License NPF-47, issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Domestic Licensing of Production and Utilization Facilities. The license authorizes the operation of River Bend Station, Unit 1 (RBS or facility), in accordance with terms and conditions specified therein. The facility is located in St. Francisville, West Feliciana Parish, Louisiana. The license authorizes EGS to possess the facility with respect to EGSs ownership of RBS, and EOI to use and operate the facility.

II.

By letter dated May 29, 2007, as supplemented by letters dated August 30 and September 19, 2007, EOI, acting on behalf of EGS and itself, submitted an application to the NRC requesting, pursuant to 10 CFR 50.80, approval of the direct transfer of the license for RBS from EGS to Entergy Gulf States Louisiana, LLC (EGS-LA). EOI also requested, pursuant

to 10 CFR 50.90, approval of a conforming license amendment to the RBS, Unit 1, Operating License (NPF-47) to reflect the transfer. The transfer is associated with the planned restructuring of EGS under which ownership of RBS will be transferred from EGS, a Texas corporation, to EGS-LA, Louisiana limited liability company. EOI will continue to operate RBS, and thus there is no transfer of operating authority under the license proposed in the application.

Notice of the requests for approval and an opportunity for a hearing was published in the Federal Register on July 9, 2007 (72 FR 37266). No comments or hearing requests were received.

Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements contained in the application, the NRC staff has determined that EGS-LA is qualified to hold the license for RBS to the extent now held by EGS, and that the transfer of the license to EGS-LA described in the application is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto, subject to the conditions set forth below. The NRC staff has further found that the application for the proposed license amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commissions regulations; the

issuance of the proposed license amendment will not be inimical to the common defense and security or the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

The findings set forth above are supported by a safety evaluation dated October 26, 2007.

III.

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 transfer of the license to EGS-LA, as described herein is approved, subject to the following conditions:

(1) At the time of the closing of the transfer of ownership of and the license for RBS from EGS to EGS-LA, the RBS decommissioning trust agreement(s) shall be amended to reflect EGS-LA as the owner of all the decommissioning trust funds accumulated as of the date of the closing.

(2) Prior to completion of the transfer of ownership of and the transfer for RBS, EGS-LA shall provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that it has obtained the appropriate amount of insurance required of licensees under 10 CFR Part 140 of the Commissions regulations.

IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), a license amendment that makes changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the license to reflect the subject license transfer, is approved. The amendment shall be issued and made effective at the time the proposed license transfer is completed.

IT IS FURTHER ORDERED that EOI shall inform the Director of the Office of Nuclear Reactor Regulation in writing of the date of closing of the transfer no later than 5 business days prior to such action. Should the transfer of the license not be completed byOctober 25, 2008, this Order shall become null and void, provided, however, that upon written application and for good cause shown, such date may be extended by order.

This Order is effective upon issuance.

For further details with respect to this action, see the application dated May 29, 2007, the supplemental letters dated August 30 and September 19, 2007, and the safety evaluation dated October 26, 2007, which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor),

Rockville, Maryland, and accessible electronically through the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet on the NRCs Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the document located in ADAMS, should contact the NRC PDR Reference Staff by telephone at 1-800-397-4209, 301-415-4737, or by email to pdr@nrc.gov.

Dated at Rockville, Maryland, this 26th day of October , 2007.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

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