NG-09-0242, License Amendment Request (TSCR-1 16): Facility Operating License Change to Reflect Corporation Name Change

License Amendment Request (TSCR-1 16): Facility Operating License Change to Reflect Corporation Name Change

ML091180401
Person / Time
Site:	Duane Arnold
Issue date:	04/17/2009
From:	Richard Anderson NextEra Energy Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NG-09-0242
Download: ML091180401 (16)

Text

NExTera T ENERGY, > D)U AN E ARNOLD April 17, 2009 NG-09-0242 10 CRF 50.90 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Duane Arnold Energy Center Docket No. 50-331 License No. DPR-49 License Amendment Request (TSCR-1 16): Facility Operating License Change to Reflect Corporation Name Change On April 16, 2009, the name "FPL Energy Duane Arnold, LLC" was legally changed to "NextEra Energy Duane Arnold, LLC."

Pursuant to 10 CFR 50.90, NextEra Energy Duane Arnold, LLC (NextEra Energy Duane Arnold) hereby requests revision to the operating license for the Duane Arnold Energy Center (DAEC). The proposed Amendment revises Operating License No. DPR-49 by changing "FPL Energy Duane Arnold, LLC" to "NextEra Energy Duane Arnold, LLC,"

where appropriate, to reflect the renaming of FPL Energy Duane Arnold, LLC to NextEra Energy Duane Arnold, LLC.

The proposed Amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c).

NextEra Energy Duane Arnold requests that the amendment be effective as of the date of issuance.

This application has been reviewed by the DAEC Onsite Review Group. A copy of this submittal, along with the 10 CFR 50.92 evaluation of "No Significant Hazards Consideration," is being forwarded to our appointed state official pursuant to 10 CFR 50. 91.

This letter makes no new commitments or changes to any existing commitments.

If you have any questions or require additional information, please contact Steve Catron at 319-851-7234. M4 ,

NextEra Energy Duane Arnold, LLC, 3277 DAEC Road, Palo, IA 52324

Document Control Desk NG-09-0242 Page 2 I declare under penalty of perjury that the foregoing is true and correct.

Executed on April 17, 2009 RihrdL n°der Vice President, Duane Arnold Energy Center NextEra Energy Duane Arnold, LLC Exhibits: A) EVALUATION OF PROPOSED CHANGE B) PROPOSED OPERATING LICENSE CHANGES (MARK-UP)

C) PROPOSED ADDITIONAL CONDITIONS CHANGES (MARK-UP) cc: Administrator, Region III, USNRC Project Manager, DAEC, USNRC Resident Inspector, DAEC, USNRC D. McGhee (State of Iowa)

EXHIBIT A EVALUATION OF PROPOSED CHANGE

Subject:

License Amendment Request (TSCR-1 16): Facility Operating License Change to Reflect Corporation Name Change

1.

SUMMARY

DESCRIPTION

2. DETAILED DESCRIPTION

3. TECHNICAL EVALUATION

4. REGULATORY EVALUATION 4.1. Applicable Regulatory Requirements/Criteria 4.2. Significant Hazards Consideration 4.3. Conclusion

5. ENVIRONMENTAL CONSIDERATION

NG-09-0242 Exhibit A Page 1 of 3

1.

SUMMARY

DESCRIPTION It is proposed that the Facility Operation License DPR-49 for Duane Arnold Energy Center (DAEC) be amended to reflect a change in the legal name of the Licensee from "FPL Energy Duane Arnold, LLC" to "NextEra Energy Duane Arnold, LLC."

On January 7, 2009, FPL Energy, LLC was renamed NextEra Energy Resources, LLC, in order to better reflect its clean energy mission and market focus and also to avoid confusion with its affiliate, Florida Power & Light Company, an electric utility. NextEra Energy Resources, LLC, remains an FPL Group, Inc., company. The NextEra Energy name is now being applied to various operating company subsidiaries of NextEra Energy Resources, LLC. On April 16, 2009, "FPL Energy Duane Arnold, LLC" was renamed "NextEra Energy Duane Arnold, LLC."

2. DETAILED DESCRIPTION References to FPL Energy Duane Arnold, LLC or to FPL Energy Duane Arnold in Part 1 of the Facility Operating License and in the Additional Conditions contained in Appendix B of the License, which are written in the past tense, have been marked with an asterisk. A footnote, associated with the asterisk, informs the reader that on April 16, 2009, the name "FPL Energy Duane Arnold, LLC" or "FPL Energy Duane Arnold" was changed to "NextEra Energy Duane Arnold, LLC." Past tense references to "FPL Energy Duane Arnold, LLC" or "FPL Energy Duane Arnold" contained in the Facility Operating License, including Appendix B, remain unchanged.

Other references to FPL Energy Duane Arnold, LLC or to FPL Energy Duane Arnold in the Facility Operating License, including Appendix B, have been changed to the new name "NextEra Energy Duane Arnold."

Exhibit B provides the existing Facility Operating License pages marked up to show the proposed changes.

Exhibit C provides the existing Additional Conditions (Appendix B) pages marked up to show the proposed changes.

3. TECHNICAL EVALUATION The proposed changes are administrative and involve only a name change. The corporate existence continues uninterrupted and all legal characteristics remain the same. Thus, there is no change in the ownership, state of incorporation, registered agent, registered office, directors, officers, rights or liabilities of the Corporation, nor is there a change in the function of the Corporation or the way in which it does business.

The Corporation's financial responsibility for the Duane Arnold Energy Center and its

NG-09-0242 Exhibit A Page 2 of 3 sources of funds to support the facility will remain the same. Further, this name change does not impact the Corporation's ability to comply with any of its obligations or responsibilities under the license. The change of the corporation name from "FPL Energy Duane Arnold, LLC" to "NextEra Energy Duane Arnold, LLC" is an administrative change. It does not require a technical, financial qualification, or an antitrust review. Therefore, this change does not reduce the level of safety imposed by the current Facility Operating License or Technical Specifications.

4. REGULATORY EVALUATION 4.1 Applicable Regulatory Requirements/Criteria The proposed license changes are administrative in nature. These changes reflect the change in the legal name of the Licensee from "FPL Energy Duane Arnold, LLC" to "NextEra Energy Duane Arnold, LLC." These changes are considered administrative since the proposed changes reflect no change to the company structure or governance.

No physical changes will be made and there will be no change in the day-to-day operations of the facility. Therefore, the proposed license amendment does not adversely affect nuclear safety or safe plant operations.

4.2 Significant Hazards Consideration NextEra Energy Duane Arnold, LLC, has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

This request is for administrative changes only. No actual facility equipment or accident analyses will be affected by the proposed changes. Therefore, this request will have no impact on the probability or consequences of an accident previously evaluated.

2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

This request is for administrative changes only. No actual facility equipment or accident analyses will be affected by the proposed changes and no failure modes not bounded by previously evaluated accidents will be created.

Therefore, this request will not create the possibility of a new or different kind of accident from any accident previously evaluated.

NG-09-0242 Exhibit A Page 3 of 3

3. Does the proposed amendment involve a significant reduction in a margin of safety?

Response: No.

Margin of safety is associated with confidence in the ability of the fission product barriers (i.e., fuel cladding, Reactor Coolant System pressure boundary, and containment structure) to limit the level of radiation dose to the public. This request is for administrative changes only. No actual plant equipment or accident analyses will be affected by the proposed changes.

Additionally, the proposed changes will not relax any criteria used to establish safety limits, will not relax any safety system settings, and will not relax the bases for any limiting conditions of operation. Therefore, these proposed changes will not involve a significant reduction in a margin of safety.

Based on the above, NextEra Energy Duane Arnold, LLC, concludes that the proposed amendment does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of "no significant hazards consideration" is justified.

4.3 Conclusion In conclusion, based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

5. ENVIRONMENTAL CONSIDERATION The function of this administrative change is merely to facilitate the orderly conduct of the licensee's business and to ensure that the information needed by the Commission to perform its regulatory functions is readily available.

The proposed amendment is confined to (i) changes to surety, insurance, and/or indemnity requirements, or (ii) changes to recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(1 0), as explained in the Federal Register on March 12, 1984 (49 FR 9373), when the categorical exclusion rule was published. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

EXHIBIT B PROPOSED OPERATING LICENSE (MARK-UP)

NextEra RP- NERGY DUANE ARNOLD. LLC CE RAL IOWA POWER COOPERATIVE CORN BELT POWER COOPERATIVE DOCKET 50-331 DUANE ARNOLD ENERGY CENTER FACILITY OPERATING LICENSE License No. DPR-49

1. The Atomic Energy Commission (the Commission) having found that:

A. The application for license filed by FPL Energy Duane Arnold, LLC, Central Iowa Power Cooperative and Corn Belt Power Cooperative (the licensees) 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 and all required notifications to other agencies or bodies have been duly made; B. Construction of the Duane Arnold Energy Center (facility) has been substantially completed in conformity with Construction Permit No. DPPR-70; 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 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 rules and regulations of the Commission; NextEra NextEra E. F-RL nergy Duane Arnold, LLC is technically qualified an F-Ph Energy Duane Arnold, LLC, Central Iowa Power Cooperative and Corn Belt Power Cooperative are financially qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Commission; F. The licensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements', of the Commission's regulations;

/*_' On April 16, 2009, the name "FPL Energy Duane Arnold, LLC" was changed to "NextEra Energy Duane Arnold, LLC."

Amendment Not

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-49 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; I- The receipt, possession, and use of source, by-product and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Part 30 and 70, including 10 CFR Section 30.33, 70.23 and 70.31 NextEra

2. Facility Operating License No. DPR-49 is hereby issued t Energy Duane Arnold, LLC, Central Iowa Power Cooperative (CIP and Corn Belt Power Cooperative (Corn Belt) to read as follows: N NE A. This license applies to the Duane Arnold Energy Cent a boiling water rea or associated equipment (the facility), owned by nergy Duane Arn d,d, LLC, C Power Cooperative and Corn Be t Power Cooperati operated b nergy Duane Arnold, LLC. The facility is located o Energy Duane Arnold, LLC's, Central Iowa Power Cooperative's and Corn Belt Power Cooperative's site near Palo in Linn County, Iowa. This site consists of approximately 500 acres adjacent to the Cedar River and is described in the "Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 14) and the Environmental Report as supplemented and amended (Supplements 1 through 5).

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

(1) nergy Duane Arnold, LLC, pursuant to Section 104b o-e Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, use and operate the facility; and CIPCO and Corn Belt to possess the facility at the designated location in Linn County, Iowa, in accordance with the procedures and limitations set forth in this license; Amendment N2&

NextEra3-2.B3(2)ýF nergy Duane Arnold, LLC, 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 NextEra operation, as descroea, in tne upaatea -inal Safety Analysis Report, as supplemented and amended as of June 1992 and as supplemented by letters dated March 26, 1993, and November 17, 2000.

2.B.(3) F _L nergy Duane Arnold, LLC, pursuant to the Act and 10 CFR Parts 30, 40 annd0, to receive, possess and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment NextEra calibration, and as fission detectors in amounts as required; 2.B.(4) nergy Duane Arnold, LLC, pursuant to the Act and 10 CFR Parts 30, 40 an 0, 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 radioactive apparatus LLxtl\ components; 2.B.(5) Foo nergy Duane Arnold, LLC, pursuant to the Act and 10 CFR Parts 30 and o possess, but not to 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 following Commission regulations in 10 CFR Chapter I; Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 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:

iNextEra Maximum -- -- Power

%

• Level 2.C.(1)T nergy Duane Arnold, LLC is authorized to operate the Duane Arnold Energy Center at steady state reactor core power levels not in excess of 1912 megawatts (thermal).

(2) Technical Specifications NextEra The Technical Specifications contained in Appendix A, as rev c' rough Amendment No. 272, are hereby incorporated in the license. . nergy Duane Arnold, LLC shall operate the facility in accordance with the Tecinical Specifications.

Amendment No4

(a) For Surveillance Requirements (SRs) whose acceptance criteria are modified, either directly or indirectly, by the increase in authorized maximum power level in 2.C.(1) above, in accordance with Amendment No. 243 to Facility Operating License DPR-49, those SRs are not required to be performed until their next scheduled performance, which is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment No. 243.

(b) Deleted.

(3) Fire Protection nergy Duane Arnold, LLC shall implement and maintain in effect all provisions FNext*-ra 1ýr,

• oe approved fire protection program as described in the Final Safety Analysis Report for the Duane Arnold Energy Center and as approved in the SER dated June 1, 1978, and Supplement dated February 10, 1981, subject to the following provision:

Pnergy Duane Arnold, LLC may make changes to the approved fire

' '?6oction 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) The licensee is authorized to operate the Duane Arnold Energy Center following installation of modified safe-ends on the eight primary recirculation system inlet lines which are described in the licensee letter dated July 31, 1978, and supplemented by letter dated December 8, 1978.

(5) Physical Protection P nergy Duane Arnold, LLC shall fully implement and maintain in effect all pr isions 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 27817and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans; which contains Safeguards Information protected under 10 CFR 73.21. is entitled: "Duane Arnold Energy Center Physical Security Plan,"

submitted by letter dated May 16, 2006.

Amendment No2

2.C.(6) Deleted 2.C.(7) Additional Conditions The Additional Conditions contained in Appendix B, as revised txr Amendment No. 260, are hereby incorporated into this license.-FP L'nergy Duane Arnold, LLC shall operate the facility in accordance with t e5Additional Conditions.

2.C.(8) The licensee is authorized to revise the Updated Final Safety Analysis Report by deleting the footnote for Section 9.1.4.4.5 which states: "*The NRC has not endorsed the reactor building crane as single-failure proof (Reference 9),' and by deleting Reference 9 of the references for Section 9.1.

2.C.(9) 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 (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 onsite responders 2.C.(10) The licensee shall implement and maintain all Actions required by Attachment 2 to NRC Order EA-06-137, issued June 20, 2006, except the last action that requires incorporation of the strategies into the site security plan, contingency plan, emergency plan and/or guard training and qualification plan, as appropriate.

D. This license is effective as of the date of issuance and shall expire at midnight February 21, 2014.

FOR THE ATOMIC ENERGY COMMISSION

. Originalsigned by Roger Boyd for A- Giambuso, Deputy Director for Reactor Projects Directorate of Licensing

Enclosures:

Appendix A Technical Specifications Appendix B Additional Conditions Date of Issuance: February 22, 1974 Revised by letter dated August 9, 2007

EXHIBIT C PROPOSED APPENDIX B TO OPERATING LICENSE DPR-49 ADDITIONAL CONDITIONS CHANGES (MARK-UP)

APPENDIX B ADDITIONAL CONDITIONS

=Ne-xtEra OPERATING LICENSE NO- DPR-49 Netr F nergy Duane Arnold, LLC (the term licensee in Appendix B refers to& nergy Duane old, LLtshall comply with the following conditions on the schedule noted below:

__foor prior license holders Amendment Number Additional Conditions Implementation Date NextEra 223 SnergyDuane Arnold, LLC is This amendment is authorized to relocate certain effective immediately requirements included in Appendix and shall be implemented A to licensee-controlled documents. within 180 days of the date Implementation of this amendment of this amendment-shall include the relocation of these requirements to the appropriate documents, as described in the licensee's application dated October 30, 1996, as supplemented and consolidated in its March 31, 1998, submittal. These relocations were evaluated in the NRC staff s Safety Evaluation enclosed with this amendment.

(11) At the time of the closing of the transfer This amendm ent is of the license from Interstate Power and effective imm ediately Light ompany (IPL) to FPLE Duane and shall be implemented D' uAno A . IPL shall transfer to FPLE Duane within 30 day*s of the date LJ rArnrd IPL's decommissioning funds of this amend ment.

accumulated as of such time, with a aggregate minimum value of at least $186 million, and FPLE Duane Arnold *1,,

deposit such funds in an ext NextEra Energy decommissioning trust f estab is by FPLE Duane Arnold or DAEC.

Duane Arnold shall take all necessary"s eps to ensure that this external trust fund is maintained in accordance with the requirements of the order approving the license transfer, NRC regulations, and consistent with the safety evaluation supporting the order. The trust agreement shall be in a form acceptable to the NRC.

. On April 16, 2009, the name TFPL Energy Duane Arnold, LLc" was changed to Amendment NoF2-

"NextEra Energy Duane Arnold, LLC."

Amendment Number Additional Conditions IrnDlementation Date (2) By the date of closing of the transfer This amendment is of the 70 percent ownership interest in P e ffective immediately DAEC from IPL to FPLE Duane Arnold, 1 - r aind shall be implemented FPLE Duane Arnold %fhallobtain a parent L_ w ithin 30 days of the date company guarantee from FPL Group o [this amendment.

Capital in an initial amount of at least

$75 million (in 2005 dollars) to provide additional decommissioning funding assurance regarding such ownership interest, which guarantee must be in accordance with NRC regulations regarding such documents.

NextEr Required funding levels shall be ylated annually and, as necessary, uane Arnold shall either obtain appropriate adjustments to the parent guarantee or otherwise provide any additional decommission NextEra assurance necessary fol uaneL-Energye Arnold to meet NRC requirements under 10 CFR 50.75.

JNextEra Energy (3) F uane Arnold shall take no aii to cause FPL Group Capital, or its successors and assigns, to void, cancel, or modify its $50 mi .NextEra contingency commitment t Duane Arnold, as represented--

in the license transfer application, or cause it to fail or perform or impair its performance under the t ent, NextEra or remove or interfere witDuanener Arnold's ability to draw upon e commitment, without the prior written consent from the NRC. An executed copy of the Support Agreement shall be submitted to the NRC no later than 30 days of the license transfer. Also ane rnoEnergy shall inform the NRC in wri ing any time that it draws upon the $50 million commitment.

S* On April 16, 2009, the name "FPL Energy Duane Arnold, LLC" was changed to "NextEra Energy Duane Arnold, LLC."

Amendment No.Q