ML082770568

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Unit 1, Issuance of Conforming Amendments Direct Transfer of Facility Operating License to Exelon Generation Co., LLC
ML082770568
Person / Time
Site: Oyster Creek, Three Mile Island, Clinton
Issue date: 01/08/2009
From: Gratton C
Plant Licensing Branch III
To: Pardee C
Exelon Generation Co
Gratton C, NRR, DORL, 415-1055
References
TAC MD9012, TAC MD9013, TAC MD9014
Download: ML082770568 (53)
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Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 8, 2009 1\t1r. Charles G. Pardee Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

CLINTON POWER STATION, UNIT NO.1; OYSTER CREEK NUCLEAR GENERATING STATION; AND THREE MILE ISLAND NUCLEAR STATION, UNIT 1 -ISSUANCE OF CONFORMING AMENDMEI\ITS RE: DIRECT TRANSFER OF FACILITY OPERATING LICENSE TO EXELON GENERATION COMPANY, LLC (TAC NOS. MD9012, MD9013, AND MD9014)

Dear Mr. Pardee:

The Commission has issued the enclosed Amendment No. 183 to Facility Operating License No. NPF-62, for Clinton Power Station, Unit NO.1 (CPS), Amendment No. 271 to Facility Operating License 1\10. DPR-16, for Oyster Creek Nuclear Generating Station (Oyster Creek),

and Amendment No. 267 to Facility Operating License Nos. DPR-50, for Three Mile Island Nuclear Station, Unit 1 (TMI-1), in response to your application dated June 20, 2008, as supplemented by letter dated July 17, 2008.

The amendments conform the operating licenses at each unit to reflect the new licensee due to the merger of Amergen Energy Company, LLC (AmerGen) into its parent, Exelon Generation Company, LLC (EGG). Following the merger, AmerGen ceases to exist. The amendments also delete license conditions related to a previous transfer.

A publicly-available version of the Nuclear Regulatory Commission's (NRC's) staff safety evaluation can be found at Accession No. I\t1L082750072 in the NRC's Agencywide Document Access and Management System.

The Notice of Issuance will be included in the Commission's biweekly Federal Register notice.

C. Pardee -2 contains three copies of each of the following Indemnity Agreement amendments for your records: No. B-91 for CPS, No. B-37 for Oyster Creek, and No. B-64 for TMI-1. The agreement amendments are required in connection with the transfer of the operating licenses.

Sincerely,

~

Christopher Gratton, Senior Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-461, 50-219 and 72-15, and 50-289

Enclosures:

1. Amendment No. 183 to NPF-62
2. Amendment No. 271 to DPR-16
3. Amendment No. 267 to DPR-50
4. Indemnity Agreement Amendments cc w/encls: Distribution via ListServ

Enclosure 1 License Amendment NPF-62

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. 183 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

~L~

Office of Nuclear Reactor Regulation

Attachment:

Changes to the Environmental Protection Plan and Facility Operating License Date of Issuance: January 8, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 183 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.

Remove Cover page Cover page

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-9 -9 Attachment 2 Attachment 2 Replace the following pages of the Appendix 8, 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.

Remove Cover page Cover page

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 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);

D. 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. 183

-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 the 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 reactor 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. 183

-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 Commission'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 Specifications 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.183are 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. 183

-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 (B) 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 l\Jo. 183

-5 License Transfer 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 decommissioning trust fund, investments in the securities or other obligations of Exelon Corporation, Exelon Generation Company or affiliates thereof, or their successors or assigns shall be prohibited. Except for I

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 decommissioning 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 Nuclear 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. 183 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. 183 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, plus 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 8, paragraph 111.8, 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 III. 8 of Option 8 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 8 and 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. 1 83

-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 atarm 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 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 (I\lUREG-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. 183 Revised by letter dated July 26, 2007

'The Training and Qualification Plan and Saf'3guards 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 - Tec/mical Specifications (NUREG-1235)
3. Appendix B - Environmental Protection Plan
4. Appendix C - Deleted Date of Issuance: April 17, '1987 Amendment No. 183

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 assembles 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 Gover 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. 183

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. 183

Enclosure 2 License Amendment DPR-16

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-219 OYSTER CREEK NUCLEAR GENERATING STATION AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 271 License No. DPR-16

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

A. The application for amendment by AmerGen Energy Company, LLC, et aI., (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.

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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 issuance.

FOR THE NUCLEAR REGULATORY COMMISSION rJ~

Eric Leds, 'Director Office of Nuclear Reactor Regulation Attachments: Changes to the License, Operating License Technical Specifications and Environmental Technical Specifications Date of Issuance: Jan ua ry 8, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 271 FACILITY OPERATING LICENSE NO. DPR-16 DOCKET NO. 50-219 Remove the following pages of the Facility Operating License and replace with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert Cover page Cover page

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-7 -7 Replace the following pages of the Appendix A, Operating License Technical Specifications, with the attached revised pages as indicated. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert 1.0-6 1.0-6 1.0-7 1.0-7 Replace the following pages of the Appendix B, Environmental Technical Specifications, with the attached revised pages as indicated. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert Cover page Cover page 3-1 3-1 3-2 3-2

EXELON GENERATION COMPANY, LLC DOCKET NO. 50-219 OYSTER CREEK NUCLEAR GENERATING STATION FACILITY OPERATING LICENSE License No. DPR-16

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

A. The application for a 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 rules and regulations set forth in 10 CFR Chapter 1, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Oyster Creek Nuclear Generating Station (the facility) has been completed in conformity with Provisional Construction Permit No. CPPR-15; the application, as amended; the provisions of the Act; and the rules and regulations of the Commission, and has been operating under a provisional license since April 9, 1969; C. The facility will operate in conformity with the application, as amended; the provisions of the Act; and the rules and regulations of the Commission (except as exempted from compliance in Section 2.0. below);

D. 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 rules and regulations set forth in 10 CFR Chapter 1 (except as exempted from compliance in Section 2.0. below);

Amendment 194, 210, 213,271

-2.

E. Exelon Generation Company, LLC (Exelon Generation Company) is technically qualified to engage in the activities authorized by this license in accordance with the rules and regulations of the Commission; 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; 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. The receipt, possession and use of source, byproduct, and special nuclear materials as authorized by this license wi!1 be in accordance with the Commission's regulations in 10 CFR Parts 30, 40, and 70; and I. The issuance of this license is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Provisional Operating License No. DPR-16, dated April 9, 1969, as amended, is superseded in its entirety by Facility Operating License No. DPR-16, hereby issued to Exelon Generation Company, to read as follows:

A. This license applies to the Oyster Creek Nuclear Generating Station, a boiling-water reactor and associated equipment (the facility). The facility is located in Ocean County, New Jersey, and is described in the licensee's Updated Final Safety Analysis Report, as supplemented and amended, and in the licensee's Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Exelon Generation Company:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50, to possess, use, and operate Oyster Creek Nuclear Generation Station at the designated location on the Oyster Creek site in Ocean County, New Jersey, in accordance with the procedures and limitations set forth in this license; (2) Pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Updated Final Safety Analysis Report, as supplemented and amended; Amendment No. 194,210,213, 271

-3 (3) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source, or special nuclear materials as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) 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 materials without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate such byproduct, source, or 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 Commission'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 hereafter 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 steady-state power levels not in excess of 1930 megawatts (thermal) (100 percent rated power) in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 271 , are hereby incorporated in the license. Exelon Generation Company shall operate the facility in accordance with the Technical Specifications.

(3) Fire Protection Exelon Generation Company shall implement and maintain in effect all provisions of the approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in the Safety Evaluation Report dated March 3, 1978, and supplements thereto, subject to the following provision:

AMENDMENT NO. 271

-4 The licensee 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.

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

submitted by letter dated May 17, 2006, is entitled: "Oyster Creek Nuclear Generating Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 5." The set contains Safeguards Information protected under 10 CFR 73.21.

(5) Inspections of core spray spargers, piping and associated components will be performed in accordance with BWRVIP-18, "BWR Core Spray Internals Inspection and Flaw Evaluation Guidelines," as approved by NRC staff's Final Safety Evaluation Report dated December 2, 1999.

(6) Long Range Planning Program* Deleted (7) Reactor Vessel Integrated Surveillance Program Exelon Generation Company is authorized to revise the Updated Final Safety Analysis Report (UFSAR) to allow implementation of the Boiling Water Reactor Vessel and Internals Project reactor pressure vessel Integrated Surveillance Program as the basis for demonstrating compliance with the requirements of Appendix H to Title 10 of the Code of Federal Regulations Part 50, "Reactor Vessel Material Surveillance Program Requirements," as set forth in the licensee's application dated December 20, 2002, and as supplemented on May 30, September 10, and November 3, 2003.

(8) Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance
2. Assessment of mutual aid fire fighting assets
3. Designated staging areas for equipment and materials
4. Command and control
5. Training of response personnel 1The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 173,217,242,244, 271 Revised by letter dated Qoteber 28, 2004 Correotod by letter dated 11/19/04 Revised by letter dated February 6, 2007 Revised by letter dated August 9, 2007

-6 The facility has also been granted certain exemptions from the requirements of Section III.J of Appendix R to 10 CFR Part 50, "Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979." This section relates to emergency lighting that shall be provided in all ~reas needed for operation of safe shutdown equipment and in access and egress routes thereto. This exemption was granted and sent to the licensee in a letter dated February 12, 1990.

In addition, the facility has been granted certain exemptions from Section 55.45(b)(2)(iii) and (iv) of 10 CFR Part 55, "Operators' Licenses." These sections contain requirements related to site-specific simulator certification and require that operating tests will not be administered on other than a certified or an approved simulation facility after May 26, 1991. These exemptions were granted and sent to the licensee in a letter dated March 25, 1991.

These exemptions granted pursuant to 10 CFR 50.12 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. 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. Deleted F. The licensee 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.

3. Sale and License Transfer Conditions:

A. Deleted.

B. Deleted.

C. Deleted.

D. Deleted E. Deleted F. The decommissioning trust agreement for Oyster Creek must be in a form acceptable to the NRC.

Amendment No. 213, 243, 265, 271

-7 G. With respect to the decommissioning trust fund, investments in the securities or other obligations of Exelon Corporation, Exelon Generation Company, or their affiliates, 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.

H. The decommissioning trust agreement for Oyster Creek must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the NRC 3D-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 Nuclear Reactor Regulation.

I. The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 3D-days prior written notification to the Director, Office of Nuclear Reactor Regulation.

J. The appropriate section of the decommissioning trust agreement shall state 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.

K. Exelon Generation Company shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Oyster Creek license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting such Order.

L. DELETED M. At the time of the closing of the transfer of Oyster Creek, 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 Oyster Creek 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 50.7~ for Oyster Creek. Furthermore, funds dedicated for Oyster Creek prior to closing shall remain dedicated to Oyster Creek following the closing. The name of AmerGen Oyster Creek NQF, LLC shall be changed to Exelon Generation Oyster Creek I'JQF, LLC at the time of the closing.

4. This license is effective as of the date of issuance and shall expire at midnight on April 9, 2009.

FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Attachment:

Appendices A and B Technical Specifications Date of Issuance: July 2, 1991 Amendment No. 213, 243, 266, 271

1.28 FRACTION OF RATED POWER (FRP)

The FRACTION OF RATED POWER is the ratio of core THERMAL POWER to RATED THERMAL POWER.

1.29 TOP OF ACTIVE FUEL (TAF) - 353.3 inches above vessel zero.

1.30 REPORTABLE EVENT A REPORTABLE EVENT shall be any of those conditions specified in Section 50.73 to 10 CFR Part 50.

1.31 IDENTIFIED LEAKAGE IDENTIFIED LEAKAGE is that leakage which is collected in the primary containment equipment drain tank and eventually transferred to radwaste for processing.

1.32 UNIDENTIFIED LEAKAGE UNIDENTIFIED LEAKAGE is all measured leakage that is other than identified leakage.

1.33 PROCESS CONTROL PLAN The PROCESS CONTROL PLAN shall contain the current formulas, sampling, analyses, test, and determinations to be made to ensure that processing and packaging of solid radioactive wastes based on demonstrated processing of actual or simulated wet solid wastes will be accomplished in such a way as to assure compliance with 10 CFR Parts 20, 61 and 71, State regulations, burial ground requirements, and other requirements governing the disposal of solid radioactive waste.

1.34 AUGMENTED OFFGAS SYSTEM CAOG)

The AUGMENTED OFFGAS SYSTEM is a system designed and installed to holdup and/or process radioactive gases from the main condenser offgas system for the purpose of reducing the radioactive material content of the gases before release to the environs.

1.35 MEMBER OF THE PUBLIC A MEMBER OF THE PUBLIC is a person who is not occupationally associated with Exelon Generation Company, LLC and who does not normally frequent the Oyster Creek Nuclear Generating Station site. The category does not include contractors, contractor employees, vendors, or persons who enter the site to make deliveries, to service equipment, work on the site, or for other purposes associated with plant functions.

1.36 OFFSLTE DOSE CALCULATION MANUAL (ODCM)

The OFFSLTE DOSE CALCULATION MANUAL shall contain the methodology and OYSTER CREEK 1.0-6 Amendment No.: 14,28,29,75,84,108,138, 271 166,191,210,213, 266, Correction 10IIOn8

parameters used in the calculation of offsite doses resulting from radioactive gaseous and liquid effluent, in the calculation of gaseous and liquid effluent monitoring Alarm/trip Setpoints, and in the conduct of the Environmental Radiological Monitoring Program.

The ODCM shall also contain (1) the Radioactive Effluent Controls and Radiological Environmental Monitoring Programs required by Section 6.8.4; and (2) descriptions of the information that should be included in the Annual Radioactive Effluent Release Report AND Annual Radiological Environmental Operating Report required by Specifications 6.9.1.d and 6.9.1.e, respectively.

1.37 PURGE PURGE OR PURGING is the controlled process of discharging air or gas from a confinement and replacing it with air or gas.

1.38 SITE BOUNDARY The SITE BOUNDARY is the perimeter line around the OCI\lGS beyond which the land is neither owned, leased nor other.'Vise subject to control by Exelon Generation Company, I LLC (ref. ODCM). The area outside the SITE BOUNDARY is termed OFFSITE or UNRESTRICTED AREA.

1.39 REACTOR VESSEL PRESSURE TESTING System pressure testing required by ASME Code Section XI, Article IWA-5000, including system leakage and hydrostatic test, with reactor vessel completely water solid, core not critical and section 3.2.A satisfied.

1.40 SUBSTANTIVE CHANGES SUBSTANTIVE CHANGES are those which affect the activities associated with a document or the document's meaning or intent. Example of non-substantive changes are: (1) correcting spelling, (2) adding (but not deleting) sign-off spaces, (3) blocking in notes, cautions, etc, (4) changes in corporate and personnel titles which do not reassign responsibilities and which are not referenced in the Appendix A Technical Specifications, and (5) changes in nomenclature or editorial changes which clearly do not change function, meaning or intent.

1.41 DOSE EQUIVALENT 1-131 DOSE EQUIVALENT 1-131 shall be that concentration of 1-131 microcuries per gram which alone would produce the same thyroid dose as the quantity and isotopic mixture of 1131, 1-132, 1-133, 1-134, and 1-135 actually present. The thyroid dose conversion factors used for this calculation shall be those listed in Table E-7 or Regulatory Guide 1.109, "Calculation of Annual Doses to Man from Routine Releases of Reactor Effluences for the Purpose of Eva.luating Compliance with 10 CFR Par 40 AppendiX I."

OYSTER CREEK 1.0-7 Amendment 108,120,126,126, 138,147:,1-9+; 206,210,213,233, 271

NUREG-0488

. APPENDIX B TO OPERATING LICENSE NO. DPR- 16 ENVIRONMENTAL TECHNICAL SPECIFICATIONS FOR OYSTER CREEK NUCLEAR GENERATING STATION DOCKET NO. 50-219 OCEAN COUNTY, NEW JERSEY EXELON GENERATION COMPANY, LLC NOVEMBER 1978*

  • Issued to the ASLB on this date; issued by License Amendment No. 37, June 6, 1979.

Amendment No. 69, 66,107,194,207,210,213, 271

3.0 ADMINISTRATIVE CONTROL This section describes administrative and management controls established by the Applicant to provide continuing protection to the environment and to implement the environmental technical specifications.

3.1 Responsibility Corporate responsibility for implementation of the Oyster Creek Environmental Technical Specifications and for assuring that plant operations are controlled in such a manner as to provide continuing protection of the environment has been assigned by the Chief Nuclear Officer to the Vice President - Oyster Creek.

The responsibility for conducting the studies as set forth in Section 1.1 (Non Radiological Monitoring) and all of Section 2.0 (Special Monitoring and Study Activities) rests with the management position responsible for environmental affairs, who reports to the Vice President - Oyster Creek.

Administrative measures are defined in Section 3.3 which provide that the individual or group responsible for auditing or otherwise verifying that an activity has been correctly performed is independent of the individual or group responsible for performing the activity.

3.2 Organization Lines of authority, responsibility and communication shall be established and defined from the highest management levels through intermediate levels to and including operating organization positions. Organizational charts will be documented in the Updated FSAR and updated in accordance with 10 CFR 50.71 e.

3.3 Review and Audit Independent audit and review functions for environmental matters are the responsibility of the management position responsible for environmental affairs. This department is independent of line responsibility for the operation of the plant. The independent reviews and audits of the OCETS will be carried out by personnel from environmental affairs or by other Exelon Generation Company, LLC personnel, outside contractors or consultants at the request of the environmental affairs Personnel.

3-1 Amendment No: i0, iQ, ee, 107, 207, 210, 213, 2i7, 271

When individuals in the environmental affairs department of Exelon Generation Company, LLC perform any function relating to the OCETS other than independent audit and review, the Vice President* Oyster Creek will ensure that an independent review and audit of that work is performed by another individual in the environmental affairs department or some other who is not directly responsible for the specific activity being, reviewed and audited.

The audits and reviews will be performed as reqUired by the Quality Assurance Topical Report (QATR).

Independent audits and reviews will encompass:

A. Coordination of the OCETS with the safety technical specifications to avoid conflicts and maintain consistency.

B. Compliance of station activities and operations with the OCETS.

C. Adequacy of the programs and station procedures which are involved in ensuring the plant is operated in accordance with the OCETS.

D. The proper functioning in accordance with the responsibilities listed in Section 3.1 of the OCETS.

E. Proposed changes to the OCETS and the evaluation of the impacts resulting from the changes.

F. Proposed written procedures, as described in Section 3.4.1 and proposed changes thereto which affect the environmental impact of the plant.

G. Proposed changes or modifications to plant systems or equipment and a determination of the environmental impact resulting from the changes.

H. Adequacy of investigations of violations of the OCETS and adequacy of and implementation of the recommendations to prevent recurrence of the violations.

3.4 Procedures 3.4.1 Detailed written procedures, including applicable check lists and instructions, will be prepared and adhered to for all activities involved in carrying out OCETS.

3-2 Amendment No: 60, 69, 66, 107, 207, 21-0, 213, 267, 271

Enclosure 3 License Amendment DPR-50

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-289 THREE MILE ISL,AJ\ID NUCLEAR STATION, UNIT NO.1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 267 License No. DPR-50

1. The Nuclear Regulatory Commission (the Commission or NRC) 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. Tile 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 regulatiol~s; 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

2. Accordingly, the license is amended as indicated in the attachment to this license amendment.
3. This license amendment is effective as of its date of issuance and shall be implemented within 30 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

~/0-Eric J. Leeds, Director Office of l\Iuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License Date of Issuance: January 8, 2009

ATTACHMENT TO LICENSE AMENDMENT NO. 267 FACILITY OPERATING LICENSE NO. DPR-50 DOCKET NO. 50-289 Replace the following pages of the Facility Operating License with the revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Insert Page 1 Page 1 Page 2 Page 2 Page 3 Page 3 Page 4 Page 4 Page 8 Page 8 Page 9 Page 9

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 EXELON GENERATION COMPANY, LLC (Three Mile Island Nuclear Station, Unit 1)

DOCKET NO. 50-289 FACILITY OPERATING LICENSE

1. The Atomic Energy Commission (the Commission) having 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 rules and regulations set forth in 10 CFR Chapter 1 and all required notifications to other agencies or bodies have been duly made;
b. Construction of the Three Mile Island Nuclear Station, Unit 1 (the facility) has been substantially completed in conformity with Construction Permit No: CPPR-40, the application, as amended, the provisions of the Act and the rules and regulations of the Commission;
c. The facility will operate in conformity with the application, as amended, the provisions of the Act and the rules and regulations of the Commission;
d. There is a reasonable assurance: (1) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (2) that such activities will be conducted in compliance with the rules and regulations of the Commission;
e. Exelon Generation Company, LLC (Exelon Generation Company) is technically and financially qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Commission; Amendment No. 207, 218, 267

-2

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;
g. The issuance of this operating 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 costs and considering available alternatives, the issuance of Facility Operating License No. DPR-50 is in accordance with 10 CFR Part 50, Appendix D, of the Commission's regulations and all applicable requirements of said Appendix D 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, including 10 CFR Section 30.33, 40.32, 70.23 and 70.31.
2. Facility Operating License.No. DPR-50 is hereby issued to Exelon Generation Company to read as follows:
a. This license applies to the Three Mile Island Nuclear Station, Unit 1, a pressurized water reactor and associated equipment (the facility), owned and operated by Exelon Generation Company. The facility is located in Dauphin County, Pennsylvania, and is described in the "Updated Final Safety Analysis Report" as supplemented and amended and the Environmental Report as supplemented and amended.
b. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:

(1) Exelon Generation Company, pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use, and operate the facility in accordance with the procedures and limitations set forth in this license; Amendment No. 207, 218 222, 267

-3 (2) Exelon Generation Company, pursuant to the Act and 10 CFR Parts 30,40 and 70 to receive, possess and use at any time any byproduct, source and special nuclear material as reactor fuel, sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required for reactor operation; (3) Exelon Generation Company, pursuant to the Act and 10 CFR Parts 30, 40 and 70 to receive, possess at either TMI-1 or TMI-2, and use in amounts as required for TMI-1 any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis, testing, instrument calibration, or associated with radioactive apparatus or components. Other than radioactive apparatus and components to be used at TMI Unit 2 in accordance with the TMI*2 License, the radioactive apparatus and components that may be moved from TMI Unit 1 to TMI Unit 2 under this provision shall be limited to: (1) outage-related items (such as contaminated scaffolding, tools, protective clothing, portable shielding and decontamination equipment); and (2) other equipment belonging to TMI Unit 1 when storage of such equipment at TMI-2 is deemed necessary for load handling or contamination control considerations; (4) Exelon Generation Company, pursuant to the Act and 10 CFR Parts 30 and 70, to possess at the TMI Unit 1 or Unit 2 site, but not separate, such byproduct and special nuclear materials as may be produced by the operation of either unit. Radioactive waste may be moved from TMI Unit 2 to TMI Unit 1 under this provision for collection, processing (including decontamination), packaging, and temporary storage prior to disposal. Radioactive waste that may be moved from TMI Unit 1 to TMI Unit 2 under this provision shall be limited to: (1) dry active waste (DAW) temporarily moved to TMI Unit 2 during waste collection activities, and (2) contaminated liquid contained in shared system piping and tanks. Radioactive waste that may be moved from TMI Unit 1 to TMI Unit 2 under this provision shall not include spent fuel, spent resins, filter sludge, evaporator bottoms, contaminated oil, or contaminated liquid filters.

The storage of radioactive materials or radwaste generated at TMI Unit 2 and stored at TMI Unit 1 shall not result in a source term that, if released, would exceed that previously analyzed in the UFSAR in terms of off-site dose consequences.

The storage of radioactive materials or radwaste generated at TMI Unit 1 and stored at TMI Unit 2 shall not result in a source term that, if released, would exceed that previously analyzed in the PDMS SAR for TMI Unit 2 in terms of off-site dose consequences.

c. This license shall be deemed to contain and is SUbject to the conditions specified in the following Commission regulations 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40,Section 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter 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 steady state reactor core power levels not in excess of 2568 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 267are hereby incorporated in the license. The Exelon Generation Company shall operate the facility in accordance with the Technical Specifications.

Amendment No. 267

-4 (3) Physical Protection 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 authority of 10 CFR 50.90 and 10 CFR50.54(p).

1 The combined set of plans ,submitted by letter dated May 17, 2006, is entitled: Three Mile Island Nuclear Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 3." The set contains Safeguards Information protected under 10 CFR 73.21.

(4) Fire Protection Exelon Generation Company shall implement and maintain in effect all provisions of the Fire Protection Program as described in the Updated FSAR for TMI-1.

Changes may be made to the Fire Protection Program without prior approval by the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire. Temporary changes to specific fire protection features which may be necessary to accomplish maintenance or modifications are acceptable provided that interim compensate measures are implemented.

(5) The licensee shall implement a secondary water chemistry monitoring program to inhibit steam generator tube degradation.

This program shall include:

a. Identification of a sampling schedule for the critical parameters and control points for these parameters;
b. Identification of the procedures used to measure the values of the critical parameters; 1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 207, 218, 222, 267 Revised by letter dated January 18, 2007

-8 (14) DELETED (15) Exelon Generation Company shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application, the requirements of the Order Approving Transfer of License and Conforming Amendment, dated January 8, 2009 and the related Safety Evaluation dated December 23, 2008.

(16) DELETED (17) Mitigation Strategy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance
2. Assessment of mutual aid fire fighting assets
3. Designated staging areas for equipment and materials
4. Command and control
5. Training of respor;lse personnel (b) Operations to mitigate fuel damage considering the following:
1. Protection and use of personnel assets
2. Communications
3. Minimizing fire spread
4. Procedures for implementing integrated fire response strategy
5. Identification of readily-available pre-staged equipment
6. Training on integrated fire response strategy
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to on site responders Amendment No. +92, 207,218,228,249, 267 Revised by letter dated July 18, 2007

-9 (18) Upon implementation of Amendment No. 264 adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air in leakage as required by Specification 4.12.1.5, in accordance with TS 6.20.c.(i), the assessment of CRE habitability as required by Specification 6.20.c.(ii), and the measurement of CRE pressure as required by Specification 6.20.d, shall be considered met. Following implementation:

(a) The first performance of Specification 4.12.1.5, in accordance with Specification 6.20.c.(i), shall be within the specified Frequency of 6 years, plus the 18-month allowance of Specification 1.25, as measured from August 21, 2000, the date of the most recent successful tracer gas test, as stated in the December 9,2003, letter response to Generic Letter 2003-01, or within the next t8 months if the time period since the most recent successful tracer gas test is greater than 6 years.

(b) The first performance of the periodic assessment of CRE habitability, Specification 6.20.c.(ii), shall be within 3 years, pius the 9-month allowance of Specification 1.25, as measured from August 21,2000, the date of the most recent successful tracer gas test, as stated in the December 9, 2003, letter response to Generic Letter 2003-01, or within the next 9 months if the time period since the most recent successful tracer gas test is greater than 3 years.

(c) The first performance of the periodic measurement of CRE pressure, Specification 6.20.d, shall be within 24 months, plus the 180 days allowed by Specification 1.25, as measured from December 9,2006, the date of the most recent successful pressure measurement test, or within 180 days if not performed previously.

(19) At the time of the closing of the transfer of TMI-1, 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 TMI 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 TMI-1. Furthermore, funds dedicated for TMI-1 prior to closing shall remain dedicated to TMI-1 following the closing. The name of AmerGen TMI NQF, LLC shall be changed to Exelon Generation TMI NQF, LLC at the time of the closing.

6. This license is effective as of the date of issuance and shall expire at midnight, April 19, 2014.

FOR THE ATOMIC ENERGY COMMISSION IRA!

Original Signed by A. Giambusso A. Giambusso, Deputy Director for Reactor Projects Director of Licensing

Attachment:

Appendix A Technical Specifications Date of Issuance: April 19, 1974 Amendment No. 264, 267 Revised by letter dated July 18, 2007

Enclosure 4 Indemnity Agreements

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-461 AMENDMENT TO INDEMNITY AGREEMENT NO. B-91 AMENDMENT NO.5 Effective January 8 ,2009, Indemnity Agreement No. B-91, between AmerGen Energy Company, LLC and the Nuclear Regulatory Commission, dated August 7, 1985, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the the name Exelon Generation Company, LLC Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 Docket No. 50-461 AMENDMENT TO INDEMNITY AGREEMENT NO. B-91 AMENDMENT NO.5 Effective January 8 ,2009, Indemnity Agreement No. B-91, between AmerGen Energy Company, LLC and the Nuclear Regulatory Commission, dated August 7, 1985, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the the name Exelon Generation Company, LLC "Z 8~T~~UC~EAXEGULATORY COMMISSION Robert D. Carlson, Chief a;,

Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-461 AMENDMENT TO INDEMNITY AGREEMENT NO. B-91 AMENDMENT NO.5 Effective January 8 ,2009, Indemnity Agreement No. B-91, between AmerGen Energy Company, LLC and the Nuclear Regulatory Commission, dated August 7, 1985, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the the name Exelon Generation Company, LLC

~~~~r REGULATORY COMMISSION Robert D. Carlson, Chief Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-219 AMENDMENT TO INDEMNITY AGREEMENT I\JO. B-37 AMENDMENT NO.15 Effective January 8 ,2009, Indemnity Agreement No. B-37, between AmerGen Energy Company, LLC and the Atomic Energy Commission, dated October 3, 1967, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the name Exelon Generation Company, LLC FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Robert D. Carlson, Chief Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-219 AMENDMENT TO INDEMNITY AGREEMENT NO. B-37 AMENDMENT NO.15 Effective January 8 ,2009, Indemnity Agreement No. B-37, between AmerGen Energy Company, LLC and the Atomic Energy Commission, dated October 3, 1967, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the name Exelon Generation Company, LLC FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Robert D. Carlson, Chief Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-219 AMENDMENT TO INDEMNITY AGREEMENT NO. B-37 AMENDMENT NO.15 Effective January 8 ,2009, Indemnity Agreement No. B-37, between AmerGen Energy Company, LLC and the Atomic Energy Commission, dated October 3, 1967, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the name Exelon Generation Company, LLC FOR THE UNITED STATES NUCLEAR REGULATORY COIV1MISSIOI\J Robert D. Carlson, Chief Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-289 50-320 AMENDMEt\IT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 14 Effective January 8 ,2009, Indemnity Agreement No. B-64, between AmerGen Energy Company, LLC and the Atomic Energy Commission, dated December 11, 1973, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the name Exelon Generation Company, LLC FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION 7if!IB~44' t1J1 Robert D. Carlson, Chief Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket l\lo. 50-289 50-320 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 14 Effective January 8 ,2009, Indemnity Agreement No. B-64, between AmerGen Energy Company, LLC and the Atomic Energy Commission, dated December 11, 1973, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the name Exelon Generation Company, LLC FOR THE UI\JITED STATES NUCLEAR REGULATORY COMMISSION

!:::~~c~*Ii j Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of l\Juclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-289 50-320 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 14 Effective January 8 , 2009, Indemnity Agreement No. B-64, between AmerGen Energy Company, LLC and the Atomic Energy Commission, dated December 11, 1973, as amended, is hereby further amended as follows:

Delete the name AmerGen Energy Company, LLC and substitute the name Exelon Generation Company, LLC FOR THE UI\JITED STATES NUCLEAR REGULATORY COMMISSION Robert D. Carlson, Chief Financial, Policy and Rulemaking Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

C. Pardee -2 contains three copies of each of the following Indemnity Agreement amendments for your records: No. B-91 for CPS, No. B-37 for Oyster Creek, and No. B-64 for TMI-1. The agreement amendments are required in connection with the transfer of the operating licenses.

Sincerely, IRA!

Christopher Gratton, Senior Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-461, 50-219 and 72-15, and 50-289

Enclosures:

1. Amendment 1\10. 183 to NPF-62
2. Amendment No. 271 to DPR-16
3. Amendment No. 267 to DPR-50
4. Indemnity Agreement Amendments cc w/encls: Distribution via ListServ DISTRIBUTION:

PUBLIC RidsRgn3MailCenter Resource RidsOgcRp Resource LPL3-2 R/F RidsNrrDorlLp1-2 Resource RidsNrrDorlLpl3-2 Resource LPL1-2 R/F RidsNrrPMPBamford Resource RidsNrrPMClinton Resource I\JMSS_DSFT_LB RidsNrrDorlDpr Resource RidsNrrLAABaxter Resource RidsNrrLAEWhitt Resource RidsRgn1 MailCenter Resource RidsNrrPMEMiller Resource CGratton, NRR RidsAcrsAcnw_MailCTR Resource Letter: ML082770568 OFFICE LPL3-2/PM LPL3-2/LA LPL1-2/LA OGC LPL3-2/BC NAME CGratton EWhitt ABaxter BMizuno RGibbs by JWiebe for By BTuily for DATE 12/22/08 12/22/08 11/4/08 1/5/09 1/8/09 Official Record Copy

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