ML082830135

Request for License Amendment for Licensee Name Changes

ML082830135
Person / Time
Site:	Pilgrim
Issue date:	09/30/2008
From:	Bronson K Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML082830135 (12)

Text

Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360 September 30, 2008 Kevin H. Bronson Site Vice President U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001

SUBJECT:

Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station Docket No. 50-293 License No. DPR-35 Request for License Amendment for Licensee Name Changes

REFERENCES:

1. Entergy Letter, ENOC-08-00027 dated May 2, 2008; Supplemental Information #6 Relating to Application for Order Approving Indirect Transfer of Control of Licenses

2. USNRC Letter, "Pilgrim Nuclear Power Station - Order Approving Indirect Transfer of Facility Operating License (TAC NO. MD6184),"

Letter 1.08.045, dated July 28, 2008 LETTER NUMBER: 2.08.032

Dear Sir or Madam:

Pursuant to 10 CFR 50.90, Entergy Nuclear Operations, Inc. (ENO) proposes to amend Pilgrim Nuclear Power Station's Facility Operating License (FOL), DPR-35, and Technical Specifications (TS) by incorporating the attached proposed change. The proposed change revises the FOL and TS Section 4.0 by changing the names of the licensees to Enexus Nuclear Pilgrim LLC and EquaGen Nuclear LLC. The proposed changes result from restructuring transactions involving the ownership structure for various corporate entities as discussed in the referenced order (Reference 2). The renewed FOL pages and TS page marked with the proposed name changes are attached.

Prior to the name change the company will undergo a conversion from a corporation to a limited liability company, which will occur by operation of the laws of the Commonwealth of Massachusetts upon our making an appropriate filing with the Secretary of State. The corporate entity is the same both before and after the conversion, and as such, there is no direct or indirect transfer of control of the Pilgrim license that would require approval under 10 CFR 50.80. The name of the existing company, Entergy Nuclear Generation Company will change to "Enexus Nuclear Pilgrim, LLC," after the conversion is effected, and thereafter, it will be a limited liability company under Massachusetts law, instead of a corporation.

P,)o 6

Entergy Nuclear Operations, Inc. Letter Number: 2.08.032 Pilgrim Nuclear Power Station Page 2 ENO has evaluated the proposed changes for significant hazards considerations in accordance with the determination criteria set forth in 10 CFR 50.92. The proposed amendment would only change the names of the licensees and reflect the referenced NRC Order requirements.

Principal management and operational staffing for the restructured organization remain largely unchanged. The proposed changes do not: a) involve a significant increase in the probability or consequences of an accident previously evaluated; b) create the possibility of a new or different find of accident from any accident previously evaluated; or c) involve a significant reduction in a, margin of safety. Therefore, ENO concludes that the proposed changes do not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92, and a finding of "no significant hazards considerations" is justified ENO has also determined that the proposed changes satisfy the criteria for a categorical exclusion in accordance with 10 CFR 51.22(c)(21) and do not require an environmental review.

Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared for these changes.

ENO requests approval of the proposed License Amendment by April 2, 2009. Once approved, the amendment should be implemented within 180 days of its effective date, provided that the proposed restructuring transactions have been completed.

This submittal contains no new regulatory commitments.

In accordance with 10 CFR 50.91 (b), a copy of this application, with the associated attachment, is being provided to the designated Massachusetts official.

If you have any questions or require additional information concerning this submittal, please contact Joseph R. Lynch at (508) 830-8403.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on the 30 - day of September, 2008.

Sincerel, Kevin H. Bronson Site Vice President RMB/dal

Attachment:

1) Mark-up of FOL and TS Pages (8 pages.)

Entergy Nuclear Operations, Inc. Letter Number: 2.08.032 Pilgrim Nuclear Power Station Page 3 cc: Mr. James S. Kim, Project Manager Mr. Robert Walker, Director Plant Licensing Branch I-1 Massachusetts Department of Public Health Division of Operator Reactor Licensing Schrafft Center Suite 1 M2A Office of Nuclear Reactor Regulation Radiation Control Program U.S. Nuclear Regulatory Commission 529 Main Street One White Flint North O-8C2 Charlestown, MA 02129 11555 Rockville Pike Rockville, MD 20852 Regional Administrator, Region 1 Mr. John Giarrusso Jr.

U.S. Nuclear Regulator Commission Nuclear Preparedness Manager, 475 Allendale Road Mass. Emergency Management Agency King of Prussia, PA 19406 400 Worcester Road Framingham, MA 01702 Senior Resident Inspector Pilgrim Nuclear Power Station

Attachment 1 to Pilgrim Letter 2.08.032 Mark-up of Facility Operating License (FOL) and Technical Specification (TS) Pa-qes Affected Pages FOL DPR-35 (pages 1-5)

FOL DPR-35 Appendix A Cover Sheet (1 page)

FOL DPR-35 Appendix B (1 page)

TS Section 4.1 (1 page)

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, DC 20545

-ENTERGx-Y NUCLEAR 8ENERATI3N' C3MPA'NY* ?kLG(*\ LLc-

--And T¶ER"Y NUCLEAR GPER*-TIP-, &. LLc (PILGRIM NUCLEAR POWER STATION)

DOCKET NO. 50-293 FACILITY OPERATING LICENSE License No. DPR-35 The Atomic Energy Commission (the Commission) having found that:

a. Except as stated in condition 5, construction of the Pilgrim Nuclear Power Station (the facility) has been substantially completed in conformity with the application, as amended, the Provisional Construction Permit No. CPPR-49, the provisions of the Atomic Energy Act of 1954, as amended (the Act), and the.rules and regulations of the Commission as set forth in Title 10, Chapter 1, CFR; and

b. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; and

c. There is reasonable assurance (i) that the activities authorized by the 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 rules and regulations of the Commission; and

d. F-T-h Nuclea -. .. . .

73z

) is financially qualified and

-E.rk w Nuclear,.p ........, ,ne. (*EN) is technically and financially qualified to engage in the activities authorized by this operating license, in accordance with the rules and I

regulations of the Commission; and

e. no-rgyF4uc*ar and ENO have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements" of the Commission's regulations; and

f. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; and

g. In accordance with the requirements of Appendix D to 10 CFR Part 50, the operating license should be issued subject to conditions for protection of the environment set forth herein.

Facility Operating License No. DPR-35, dated June 8, 1972, issued to the Boston Edison Company (Boston Edison) is hereby amended in its entirety, pursuant to an Initial Decision dated September 13, 1972, by the Atomic Safety and Licensing Board, to read as follows:

• 'The Nuclear Regulatory commission approved the transfer of the license from Boston Edison Company to Entergy Nuclear '*

(, Generation Company on April29, 1999. .. 2 Revision 472 22 Amendment 4, 84, 4-93.) .-

. 1. This license applies to the Pilgrim Nuclear ower Station, a single cycle, forced circulation, boiling water nuclear reactor a d associated electric generating equipment (the facility), owned by and operated by ENO. The facility is located on the western shore of Cape Cod Bay in the town of Plymouth on ENI' -heIte Near site in Plymouth County, Massachusetts, and is described in the "Final Safety Analysis Report," as supplemented and amended.

2. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses,& Efey.cr I A. Pursuant to the Section 104b of the Atomic Energy Act of 1954, as amended (the Act) and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," a) i4-K Entergy-Nuelew to possess and use and b) ENdto possess, use, and operate the facility as a utilization facility at the designated location on the Pilgrim site; B. EN(I pursuant to the Act and 10 CFR 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 Final Safety Analysis Report, as supplemented and amended; C. EN4( 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 material 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; D. EN!, 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 mat' Jal without restriction to chemical or ohysical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and E. ENl, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

3. This license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations; 10 CFR Part 20, Section 30.34 of 10 CFR Part 30, Section 40.41 of 10 CFR Part 40, Sections 50.54 and 50.59 of 10 CFR Part 50 and Section 70.32 of 10 CFR Part 70; 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 below:

A. Maximum Power Level EN is authorized to operate the facility at steady state power levels not to exceed j, I 2028 megawatts thermal.

Amendment 0, 36,44, 41-93,-29e+-

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment Now re hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

C. Records ENý(shall keep facility operating records in accordance with the requirements of the Technical Specifications.

D. Equalizer Valve Restriction - DELETED E. Recirculation Loop Inoperable - DELETED F. Fire Protection EN* shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated December 21, 1978 as supplemented subject to the following provision:

EN maymake changes to the approved fire protection program without prior apl5roval 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. Physical Protection The licensee 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 FR27817 and 27822) and to 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: "Pilgrim Nuclear Power Station Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0" submitted by letter dated October 13, 2004, as supplemented by letter dated May 15, 2006.

Amendment 225, 226, 227, 228, 229,-2-j

Post-Accident Sampling System, NUREG-0737, Item ll.B.3, and Containment Atmospheric Monitoring System, NUREG-0737, Item II.F.1(6)

The licensee shall complete the installation of a post-accident sampling system and a containment atmospheric monitoring system as soon as practicable, but no later than June 30, 1985.

J. Additional Conditions The Additional Conditions contained in Appendix B, as.rqvised through Amendment -

K ..... No. 177, are hereby incorporated into this license. EN~shall operate the facility in / t accordance with the Additional Conditions.

K. Conditions Related to the Sale and Transfer (1) For purposes of ensuring public health and safety, -Et jelear ER?

shall provide decommissioning funding assurance of no less than $396 million, after payment of any taxes, in the decommissioning trust fund for Pilgrim upon the transfer of the Pilgrim licenses to -Etergy-Ntcfear. F-M.

(2) .-EMegy-Nttelear shall maintain the decommissioning trust funds in accordance with the Order, the related Safety Evaluation dated April 29, 1999, and the related application for approval of the transfer.

(3) .&ite*gy-Ntelew shall provide a Provisional Trust fund in the amount of

$70 million, after payment of any taxes, in the Provisional Trust for Pilgrim upon the transfer of the Pilgrim licenses to Entergy-Nuce. The Provisional Trust shall be established and maintained in conformancewith the representations made in the application for approval of the transfer.

.R e v ision=-7-7 r2-N*%*922, C

Amendment 7-, 86, 443, 4:77, 4-84, 4433, +93

[

Seven 1ctj (4) E*tergy-Nuelea hall have access to a contingency fund of not less than *ffty.

million dollars ($5 m) for payment, if needed, of Pilgrim operating and maintenance expenses, the cost to transition to decommissioning status in the event of a decision to permanently shut down the unit, and decommissioning osts.

• aV -EAtergy-Nuelear will take all necessary steps to ensure that access to these funds will remain available until the full amount has been exhausted for the purposes described above.-- Eriirg N r shall inform the Director, Office of Nuclear Regulation, in writing, at such time that it utilizes any of these contingency funds.

This provision does not affect the NRC's authority to assure that adequate funds will remain available in the plant's separate decommissioning fund(s), which 0 ,.-E-i~togy-N.iee shall maintain in accordance with NRC regulations. Once the plant has been placed in a safe-shutdown condition following a decision to _ '1 -We 4O004r O-rto

-decomnmission, tEtegy-Nuelear will use any remainder of/4e $50m ntingency fund that has not been used to safely operate and maintjih the plant to support the safe and prompt decommissioning of the plant, to-the extent such funds are needed for safe and prompt decommissioning. Q, -+Q (5) The Decommissioning Trust agreement(s) shall be in a form which is acceptable to the NRC and shall provide, in addition to any other clauses, that:

or\ N' EN) a) Investments in the securities or other obligations of Entergy Nu't6dr; o'ý ~tE'wvs -E-tegy Corporation, their affiliates, subsidiaries or associates, or their successors or assigns shall be prohibited. In addition, except for investments tied to market indexes or other non-nuclear sector mutual funds, investments in any entity owning one or more nuclear power plants is prohibited.

b) The Director, Off ice of Nuclear Reactor Regulation, shall be given 30 days prior written notice of any material amendment to the trust agreement(s).

L. Mitigation Strateay 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 Amendment No. 194, 177, 1--

Revised by letter dated August 23, 2007

o APPENDIX A TO FACILITY OPERATING LICENSE DPR-35 TECHNICAL SPECIFICATION AND BASES FOR PILGRIM NUCLEAR POWER STATION PLYMOUTH, MASSACHUSETTS fI-REYAI15 tA\)C-Uf;-Ai Vk\'-\LcA\ALJLW . c Q\naG twcuFAf LWc Amendment No. 484.,-

APPENDIX B ADDITIONAL CONDITIONS

( OPERATING LICENSE NO. DPR-35 y Nuclear F~aleme*. shall comply with the following conditions on the schedules noted below:

Amendment Implementation Number Additional Conditions Date 177 The licensee is authorized to relocate The amendment shall be certain Technical Specifications implemented within 30 requirements to licensee-controlled days from July 31, 1998, documents. Implementation of this except that the licensee amendment shall include relocation of shall have until the next various sections of the technical scheduled Updated Final specifications to the appropriate Safety Analysis Report documents as described in the licensee's (UFSAR) update to application dated September 19, 1997, incorporate the UFSAR and in the staffs safety evaluation relocations.

attached to this amendment.

Amendment No. 1-77, 4-4,49--1'j

//

Design Features

(,

40 4.0 DESIGN FEATURES 4.1 Site Location y-e"c r LLCi-Pilgrim Nuclear Power Station is locat d on the western shore of Cape Cod Bay in the Town of Plymouth, Plymouth Co nty, Massachusetts and contains approximately 517 acres owned b cle as shown on FSAR Figures 2.2-1 and 2.2-2. The site boundary is posted and a perimeter security fence provides a distinct security boundary for the protected area of the station.

The reactor (center line) is located approximately 1800 feet from the nearest property boundary.

4.2 Reactor Core The reactor vessel core design shall be as described in the CORE OPERATING LIMITS REPORT and shall be limited to those fuel assemblies which have been analyzed with NRC approved codes and methods and approved by the NRC in its acceptance of Amendment 22 of GESTAR I1.

4.3 Fuel Storage 4.3.1 Criticality 4.3.1.1 The spent fuel storage racks are designed and shall be maintained withý

a. Fuel assemblies having a maximum k-infinity of 1.32 for standard core geometry, calculated at the burnup of maximum bundle reactivity, and an average U-235 enrichment of 4.6 % averaged over the axial planar zone of highest average enrichment; and

b. Koff

• 0.95 if fully flooded with unborated water, which includes an aliowance for uncertainties as described in Section 10.3.5 of the FSAR.

( *...

(continued) ci~

4.0G-1 Amendment No,--1-7-7,-R-