ML082750192

Draft Amendment to Facility Operating License

ML082750192
Person / Time
Site:	Clinton
Issue date:	12/23/2008
From:	Leeds E Office of Nuclear Reactor Regulation
To:	AmerGen Energy Co
Gratton C, NRR, DORL, 415-1055
Shared Package
ML082760728	List: ML082750176 ML082750192 ML083640237
References
TAC MD9012
Download: ML082750192 (14)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-461 CLINTON POWER STATION, UNIT NO.1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.

License No. NPF-62

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

A. The application for amendment by AmerGen Energy Company, LLC (the licensee), dated June 20, 2008, as supplemented by letter dated JUly 17, 2008, 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.

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

FOR THE NUCLEAR REGULATORY COMMISSION Eric J. Leeds, Director Office of Nuclear Reactor Regulation

Attachment:

Changes to the Environmental Protection Plan and Facility Operating License Date of Issuance:

ATTACHMENT TO LICENSE AMENDMENT NO.

FACILITY OPERATING LICENSE NO. NPF-62 DOCKET NO. 50-461 Replace the following pages of the Facility Operating License with the attached revised pages.

The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

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-9 Attachment 2 Attachment 2 Replace the following pages of the Appendix B, Environmental Protection Plan, with the attached revised pages as indicated. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

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EXELON GENERATION COMPANY, LLC DOCKET NO 50-461 CLINTON POWER STATION, UNIT NO.1 FACILITY OPERATING LICENSE License No. NPF-62

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

A. The application for license filed by the applicant complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Clinton Power Station, Unit No.1 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-137 and the application, as amended, the provisions of the Act and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.0. below);

O. There is reasonable assurance: (i) that the activities authorized by this operating license 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 set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.0 below);

E. Exelon Generation Company, LLC (Exelon Generation Company) is technically qualified to engage in the activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; F. Exelon Generation Company has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; Amendment No.

-2 G. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. NPF-62, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regUlations and all applicable requirements have been satisfied; and I. The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commission's regUlations in 10 CFR Parts 30, 40, and 70.

2. Based on the foregoing findings regarding this facility, and pursuant to approval by the Nuclear RegUlatory Commission at a meeting on April 10, 1987, Facility Operating License No. NPF-62, which supersedes the license for fuel loading and low power testing, License No. NPF-55, issued on September 29, 1986, is hereby issued to Exelon Generation Company to read as follows:

A. This license applies to tIle Clinton Power Station, Unit No.1, a boiling water nuclear reactor and associated equipment (the facility), owned by Exelon Generation Company. The facility is located in Harp Township, DeWitt County, approximately six miles east of the city of Clinton in east-central Illinois and is described in the licensee's Final Safety Analysis Report, as supplemented and amended, and in the licensee's Environmental Report Operating License Stage, as supplemented and amended.

B. Subject to the condition and requirements incorporated herein, the Commission hereby licenses:

(1) Exelon Generation Company, pursuant to section 103 of the Act and 10 CFR Part 50, to possess, use and operate the facility at the designated location in Harp Township, DeWitt County, Illinois, in accordance with the procedures and limitations set forth in this license; (2) Deleted (3) Exelon Generation Company, pursuant to the Act and 10 CFR Part 70, to receive, possess and to use at any time special nuclear material as rea::tor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; Amendment No.

-3 (4) Exelon Generation Company, pursuant to the Act and to 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material as sealed neutron sources for and reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) Exelon Generation Company, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) Exelon Generation Company, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Comm ission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or heareafter in effect; and is sUbject to the additional conditions specified or incorporated below:

(1) Maximum Power Level Exelon Generation Company is authorized to operate the facility at reactor core power levels not in excess of 3473 megawatts thermal (100 percent rated power) in accordance with the conditions specified herein.

(2) Technical Spe9ifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. are hereby incorporated into this license.

Exelon Generation Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

Amendment No.

-4 (3) Antitrust Conditions Deleted (4) Control System Failures (Section 7.7.3.1, SER and SSER 6)"

Deleted (5) New Fuel Storage (Section 9.1.1, SER, SSER 6 and SSER 7)

Exelon Generation Company shall store new fuel assemblies in accordance with the requirements specified in Attachment 2.

Attachment 2 is hereby incorporated into this license.

(6) Plant Operation Experience (Section 13.1.2.1, SSER 5)

Deleted (7) Emergency Planning (Section 13.3, SSER 6)

Deleted (8) Post-Fuel Loading Initial Test Program (Section 14, SER, SSER 5 and SSER 6)

Deleted (9) Emergency Response Capabilities (Generic Letter 82-33, Supplement 1 to NUREG-0737, Section 7.5.3.1, SSER 5 and SSER 8, and Section 18, SER, SSER 5 and Safety Evaluation Dated April 17, 1987) a, Deleted

b. Deleted "The parenthetical notation follOWing the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.

Amendment No.

-5 License Transfm Conditions (10) Deleted.

(11) Deleted.

(12) Deleted.

(13) Deleted.

(14) Deleted (15) The decommissioning trust agreement for OPS must be in a form acceptable to the NRC.

(16) With respect to the decomm issioning trust fund, investments in the securities or other obligations of Exelon Corporation, Exelon Generation Company or I affiliates thereof, or their successors or assigns shall be prohibited. Except for investments tied to market indexes or other nonnuclear sector mutual funds, investments in any entity owning one or more nuclear power plants are prohibited.

(17) The decomm issioning trust agreement for CPS must provide that no disbursements or payments from the trust shall be made by the trustee until the trustee has first given the NRC 30 days prior written notice of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the Director, Office of Nucle~;lr Reactor Regulation.

(18) The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without the prior written consent of the Director, Office of Nuclear Reactor Regulation.

(19) The appropriate section of the decommissioning trust agreement shall reflect that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard, as specified in 18 CFR 35.32(a) (3) of the Federal Energy Regulatory Commission's regulations.

Amendment No.

Correction letter of 6-14-2004 Revised by letter dated july 26, 2007

-6 (20) Exelon Generation Company, LLC shall take all necessary steps to ensure I that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Clinton license to it and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

(21) Deleted Amendment No.

Correction letter of 6-14-2004 Revised by letter dated July 26, 2007

- 7a (d) The first performance of the periodic measurement of CRE pressure, Specification 5.5.15.d, shall be within 24 months, pius the 6 months allowed by SR 3.0.2, as measured from the date of the most recent successful pressure measurement test, or within 6 months if not performed previously.

(24) At the time of the closing of the transfer of CPS and the respective license from AmerGen Energy Company, LLC (AmerGen) to Exelon Generation Company, AmerGen shall transfer to Exelon Generation Company ownership and control of AmerGen Clinton NQF, LLC; and AmerGen Consolidation, LLC shall be merged into Exelon Generation Consolidation, LLC. Also at the time of the closing, decommissioning funding assurance provided by Exelon Generation Company, using an additional method allowed under 10 CFR 50.75 if necessary, must be equal to or greater than the minimum amount calculated on that date pursuant to, and required by 10 CFR 50.75 for CPS. Furthermore, funds dedicated for CPS prior to closing shall remain dedicated to CPS following the closing.

The name of AmerGen Clinton NQF, LLC shall be changed to Exelon Generation Clinton NQF, LLC at the time of the closing.

D. The facility requires exemptions from certain requirements of 10 CFR Part 50 and 10 CFR Part 70. These include: (a) an exemption from the requirements of 10 CFR 70.24 for the criticality alarm monitors around the fuel storage area; (b) an exemption from the requirement of 10 CFR Part 50, Appendix J - Option B, paragraph III.B, exempting the measured leakage rates from the main steam isolation valves from inclusion in the combined leak rate for local leak rate tests (Section 6.2.6 of SSER 6); and (c) an exemption from the requirements of paragraph 111. B of Option B of 10 CFR Part 50, Appendix J, exempting leakage from the valve packing and the body-to-bonnet seal of valve 1E51-F374 associated with containment penetration 1MC-44 from inclusion in the combined leakage rate for penetrations and valves SUbject to Type Band C tests (SER supporting Amendment 62 to Facility Operating License No. NPF-62). The special circumstances regarding each exemption, except for item (a) above, are identified in the referenced section of the safety evaluation report and the supplements thereto.

Amendment No.

-8 An exemption was previously granted pursuant to 10 CFR 70.24. The exemption was granted with NRC Material License No. SNM-1886, issued November 27,1985, and relieved the licensee from the requirement of having a criticality alarm system. Exelon Generation Company is hereby exempted from the criticality alarm system provision of 10 CFR 70.24 so far as this section applies to the storage of fuel assemblies held under this license.

These exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. The exemptions in items (b) and (c) above are granted pursuant to 10 CFR 50.12. With these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

E. Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and the 1

authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans ,

which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Clinton Power Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 2," submitted by letter dated May 17, 2006.

F. Exelon Generation Company shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report as amended, for the Clinton Power Station, Unit No.1, and as approved in the Safety Evaluation Report (NUREG-0853) dated February 1982 and Supplement Nos. 1 thru 8 thereto subject to the following provision:

Exelon Generation Company may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

G. Deleted.

Amendment No.

Revised by letter dated JUly 26, 2007

'The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

-9 H. Exelon Generation Company shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I. This license is effective as of the date of issuance and shall expire at midnight on September 29, 2026.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by:

Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosures:

1. Attachments 1 (Deleted) and 2

2. Appendix A - Technical Specifications (NUREG-1235)

3. Appendix B - Environmental Protection Plan

4. Appendix C - Deleted Date of Issuance: April 17, 1987 Amendment No.

ATTACHMENT 2 TO NPF*62 NEW FUEL STORAGE Exelon Generation Company shall store new fuel assemblies in accordance with the following requirements.

a. No more than three fuel assemblies shall be outside their shipping containers, storage racks, or the reactor vessel at anyone time.

b. The minimum edge-to-edge distance between the group of three fuel assemblies and all other fuel assem bles shall be 12 inches.

c. Fuel assemblies. when stored in the New Fuel Storage Vault, shall be stored such that: no more than 12 rows of fuel assembles shall remain uncovered during the loading or unloading of fuel assemblies; metal covers shall cover all other rows containing fuels assemblies during loading and unloading of fuel assemblies; and when loading or unloading of fuel assemblies is not in progress, metal covers shall cover all rows of fuel assemblies.

d. Fuel assemblies shall be stored in such a manner that water would drain freely from the assemblies in the event of flooding and subsequent draining of the fuel storage area.

e. Fuel assemblies shall be stored in the containment fuel storage pool only under water.

f. No fuel assemblies shall be stored in the control rod racks.

g. All fire hoses servicing the New Fuel Storage Vault shall be equipped with solid stream nozzles.

Amendment No.

APPENDIX B TO FACILITY LICENSE NO. NPF-62 CLINTON POWER STATION UNIT NO.1 EXELON GENERATION COMPANY, LLC DOCKET NO. 50-461 ENVIRONMENTAL PROTECTION PLAN (NON-RADIOLOGICAL)

April 17, 1987 Clinton Power Station EPP Amendment No.