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MONTHYEARENOC-09-00015, Request for Extension of Orders Approving Transfer of Control of Licenses2009-05-15015 May 2009 Request for Extension of Orders Approving Transfer of Control of Licenses Project stage: Request ENOC-09-00021, Units 1, 2 & 3; James A. FitzPatrick; Vermont Yankee; Palisades; and Big Rock Point - Request for Extension of Orders Approving Transfer of Control of Licenses2009-05-29029 May 2009 Units 1, 2 & 3; James A. FitzPatrick; Vermont Yankee; Palisades; and Big Rock Point - Request for Extension of Orders Approving Transfer of Control of Licenses Project stage: Request ENOC-09-00025, Entergy Nuclear Operations, Inc., Update Regarding Status and Request for Threshold Determination Under 10 CFR 50.802009-08-18018 August 2009 Entergy Nuclear Operations, Inc., Update Regarding Status and Request for Threshold Determination Under 10 CFR 50.80 Project stage: Request ML0931703722009-11-13013 November 2009 Acceptance Review of Entergy'S Request to Extend Orders (TAC ME1515 - ME2522) Project stage: Acceptance Review ML0931403802009-11-18018 November 2009 Federal Register Notice Request for Further Extension of Orders Approving Transfer of Control of Licenses Project stage: Other ENOC-09-00038, Entergy Nuclear Operations, Inc. - Supplemental Information in Support of Request for Further Extension of Orders Approving Transfer of Control of Licenses and for Review of Trust Agreement Amendments2009-12-10010 December 2009 Entergy Nuclear Operations, Inc. - Supplemental Information in Support of Request for Further Extension of Orders Approving Transfer of Control of Licenses and for Review of Trust Agreement Amendments Project stage: Request ML0936208952010-01-22022 January 2010 Safety Evaluation,(Non-Proprietary) Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses for Big Rock Point, Fitzpatrick, Indian Point,Palisades,Pilgrim, and Vermont Yankee Nuclear Power Project stage: Approval ML0936208072010-01-22022 January 2010 Cover Letter, (Non-Proprietary) Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses for Big Rock Point, Fitzpatrick, Indian Point, Palisades, Pilgrim, and Vermont Yankee Nuclear Power St Project stage: Other ML1001908342010-01-22022 January 2010 Entergy Nuclear Operations, Inc. - Request for Withholding Information from Public Disclosure for Extension of Orders Approving Indirect Transfer of Control of Licenses (TAC Nos. ME2515 Through ME2522) Project stage: Withholding Request Acceptance ENOC-10-00035, Entergy - Request for Withdrawal of Administrative License Amendments Relating to Application for Order Approving Indirect Transfer of Control of Licenses2010-10-14014 October 2010 Entergy - Request for Withdrawal of Administrative License Amendments Relating to Application for Order Approving Indirect Transfer of Control of Licenses Project stage: Withdrawal ML1029205232010-10-25025 October 2010 Withdrawal Fr for Name Change Amendment Request for Name Change for Facility Operating Licenses for Big Rock Point, James A. Fitzpatrick, Indian Point, Units 1, 2, & 3, Palisades, Pilgrim, and Vermont Yankee Project stage: Other 2009-05-29
[Table View] |
Safety Evaluation,(Non-Proprietary) Order Extending the Effectiveness of the Approval of the Indirect Transfer of Facility Operating Licenses for Big Rock Point, Fitzpatrick, Indian Point,Palisades,Pilgrim, and Vermont Yankee Nuclear PowerML093620895 |
Person / Time |
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Site: |
Palisades, Indian Point, Pilgrim, Vermont Yankee, Big Rock Point, FitzPatrick ![Entergy icon.png](/w/images/7/79/Entergy_icon.png) |
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Issue date: |
01/22/2010 |
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From: |
Dusaniwskyj M Division of Policy and Rulemaking |
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To: |
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Pickett , NRR/DLPM, 415-1364 |
Shared Package |
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ML093620752 |
List: |
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References |
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TAC ME2513, TAC ME2517, TAC ME2518, FOIA/PA-2013-0151 |
Download: ML093620895 (4) |
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Category:Safety Evaluation
MONTHYEARML23263A9772023-12-22022 December 2023 Exemption from Certain Emergency Planning Requirements and Related Safety Evaluation ML23326A1322023-12-0505 December 2023 Issuance of Amendment No. 67, 300 & 276 to Implement the Independent Spent Fuel Storage Installation Only Emergency Plan ML23339A0442023-12-0505 December 2023 Issuance of Amendment No. 68, 301 and 277 Regarding Changes to Implement the Independent Spent Fuel Storage Installation Physical Security Plan ML23243A8452023-11-30030 November 2023 Enclosure 3: Issuance - IP LAR for SE Renewed Facility Licenses and PDTS to Reflect Permanent Removal of Spent Fuel from SFPs ML23100A1172023-11-17017 November 2023 NRC Response - Indian Point Energy Center Generating Units 1, 2, and 3 Letter with Enclosures Regarding Changes to Remove the Cyber Security Plan License Condition ML23050A0022023-11-17017 November 2023 Enclosure 2 - Safety Evaluation for Indian Point Unit 2 License Amendment Request to Modify Technical Specifications for Staffing Requirements Following Spent Fuel Transfer to Dry Storage ML23064A0002023-11-13013 November 2023 NRC Issuance for Approval-Indian Point EC Units 1, 2 and 3 Emergency Plan and Emergency Action Level Scheme Amendments ML23067A0822023-11-0101 November 2023 Enclosure 2 - Issuance Indian Point Energy Center Generating Units 1, 2, and 3 Safety Exemption Evaluation for Certain Emergency Planning Requirements of 10 CFR 50.47 and Part 50 ML23117A2172023-05-0101 May 2023 Safety Evaluation for Quality Assurance Program Manual Reduction in Commitment ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI ML22223A1412022-09-0101 September 2022 Issuance of Amendment No. 353 Adoption of TSTF - 505, Revision 2, Provide Risk-Informed Extended Completion Times - RITSTF Initiative 4B ML22196A0612022-08-23023 August 2022 Issuance of Amendment No. 352 Adoption of 10 CFR 50.69 Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors ML22166A4302022-07-15015 July 2022 Issuance of Amendment No. 351 Removal of Selected Response Time Testing for Reactor Protection System and Primary Containment Isolation Instrumentation ML22126A1962022-05-27027 May 2022 Issuance of Amendment No. 350 Adoption of TSTF-264, Revision 0 ML22039A1982022-05-13013 May 2022 Issuance of Amendment No. 272 Permanently Defueled Technical Specifications ML22090A0862022-04-29029 April 2022 Amendments to Adopt TSTF-541,Rev.2,Add Exceptions to Surveillance Requirements for Valves,Dampers Locked in Actuated Position ML22094A0012022-04-15015 April 2022 Constellation Energy Generation, LLC - Proposed Alternative for Repair of Water Level Instrumentation Partial Penetration Nozzles (Epids L-2021-LLR-0057 and L-2021-LLR-0058) ML21364A0432022-02-28028 February 2022 Issuance of Amendment No. 348 Revising Surveillance Requirement 3.5.1.6 Involving Recirculation Pump Discharge Valves ML21091A3052022-02-28028 February 2022 Issuance of Amendment No. 272 Revision to Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device (EPID L-2020-LLA-0051) (Non-Proprietary) ML21347A0382022-01-13013 January 2022 Issuance of Amendments to Revise Reactor Coolant Leakage Requirements ML21292A1482021-12-13013 December 2021 Safety Evaluation Related to Request for Direct and Indirect Transfers of Control of Facility Operating License DPR-6 for Big Rock Point and Renewed Facility Operating License DPR-20 for Palisades Nuclear Plant and ISFSI (EPID L-2020-LLM-00 ML21292A1472021-12-13013 December 2021 Draft Conforming License Amendments - Palisades Nuclear Plant Renewed Facility Operating License DPR-20 and ISFSI and Big Rock Point Facility Operating License DPR-6 and ISFSI (EPID L-2020-LLM-0003) (Enclosure 2) ML21300A3552021-11-16016 November 2021 Issuance of Amendment No. 345 Adoption of TSTF-582 ML21277A2482021-11-16016 November 2021 Letter with Enclosure 4, Safety Evaluation for Transfer of Licenses and Draft Conforming License Amendments (Public Version) ML21230A2062021-09-0303 September 2021 Proposed Alternative to Use ASME OM Code Case OMN-28 ML21131A1272021-08-0909 August 2021 Issuance of Amendment No. 343 Modifications to Technical Specification 3.6.1.3, Primary Containment Isolation Valves (Pcivs) ML21217A1752021-08-0505 August 2021 Amendment No 255 Pilgrim Independent Spent Fuel Storage Installation (ISFSI) Only Physical Security Plan - Public Version ML21216A2202021-08-0505 August 2021 Proposed Alternative to Eliminate Certain Documentation Requirements for Pressure Retaining Bolting ML21159A0422021-06-28028 June 2021 VY and CR Indirect License Transfer Package ML21166A1682021-06-25025 June 2021 ML21162A0422021-06-14014 June 2021 Issuance of Amendment No. 342, One Time Extension of Completion Times to Support Residual Heat Removal Pump Motor Replacement (Emergency Circumstances) ML21049A3552021-04-28028 April 2021 Issuance of Amendment No. 341 Adoption of TSTF-478, Revision 2, BWR Technical Specification Changes That Implement the Revised Rule for Combustible Gas Control ML21074A0002021-04-22022 April 2021 Issuance of Amendment No. 270 Permanently Defueled Technical Specifications ML21083A0002021-04-14014 April 2021 Issuance of Amendment No. 63 Permanently Defueled Technical Specifications ML21033A5302021-04-0101 April 2021 Issuance of Amendments to Adopt Technical Specifications Task Force TSTF-566, Revise Actions for Inoperable RHR Shutdown Cooling Subsystems ML21054A3302021-02-24024 February 2021 Approval of Alternative IP3-ISI-RR-16 to American Society of Mechanical Engineers Code Case N-513-4 Inspection Requirement ML21028A6732021-02-0303 February 2021 Request to Use a Provision of Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI (EPID L-2020-LLR-011 ML20365A0012021-01-19019 January 2021 Relief Request 5-8 Related to ASME Code Case N-729-4 Supplemental Examination Requirements of Reactor Vessel Closure Head Penetration Nozzles ML20328A2972020-12-0101 December 2020 Amendment No. 253 - Non-Safeguards Version ML20297A3332020-11-23023 November 2020 Enclosure 3, Safety Evaluation for Transfer of Renewed Facility Operating Licenses to Holtec International, Owner, and Holtec Decommissioning International, LLC, Operator ML20287A1302020-11-0505 November 2020 Review of Quality Assurance Program Changes ML20269A2002020-09-30030 September 2020 Request to Use a Provision of Later Edition of the ASME Boiler and Pressure Vessel Code, Section XI (EPID L2020-LLR-0117 ML20169A5102020-08-20020 August 2020 Issuance of Amendment No. 339 Changes to Technical Specifications Related to Primary Containment Hydrodynamic Loads ML20226A2722020-08-18018 August 2020 Request to Use a Provision of a Later Edition of the ASME BPV Code, Section XI ML20140A0702020-07-21021 July 2020 Issuance of Amendment No. 338 Application of Alternative Source Term for Calculating Loss-of-Coolant Accident Dose Consequences ML20141L6362020-07-10010 July 2020 Issuance of Amendments Based on TSTF-427,Allowance for Nontechnical Specification Barrier Degradation on Supported System Operability,Rev 2 ML20134H9402020-07-0808 July 2020 Issuance of Amendments Revising the High Radiation Area Administrative Controls NL-20-050, Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline2020-06-24024 June 2020 Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline ML20094G9032020-06-0202 June 2020 Issuance of Amendment No. 335 Adoption of TSTF-372, Addition of LCO 3.0.8, 'Inoperability of Snubbers' ML20100H9922020-06-0202 June 2020 Issuance of Amendment No. 269 Proposed Technical Specification Changes to City Water Surveillance Requirement and Condensate Storage Tank Required Action A.1 2023-05-01
[Table view] |
Text
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR SECOND EXTENSION OF ORDERS FOR INDIRECT TRANSFER OF FACILITY OPERATING LICENSES DUE TO ENTERGY CORPORATION RESTRUCTURING PILGRIM NUCLEAR POWER STATION; DOCKET NO. 50-293 INDIAN POINT NUCLEAR GENERATING UNIT NO.1; DOCKET NO.50-003 INDIAN POINT NUCLEAR GENERATING UNIT NO. 2; DOCKET NOS. 50-247 AND 72-51 INDIAN POINT NUCLEAR GENERATING UNIT NO. 3; DOCKET NO. 50-286 JAMES A. FITZPATRICK NUCLEAR POWER PLANT; DOCKET NOS. 50-333 AND 72-12 VERMONT YANKEE NUCLEAR POWER STATION; DOCKET NOS. 50-271 AND 72-59 PALISADES NUCLEAR PLANT; DOCKET NOS. 50-255 AND 72-7 BIG ROCK POINT; DOCKET NOS. 50-155 AND 72-43
1.0 INTRODUCTION
By letter dated November 3, 2009,1 as supplemented on December 10, 2009,2 Entergy Nuclear Operations, Inc. (ENO) acting on behalf of itself and Entergy Nuclear Generation Company, Entergy Nuclear FitzPatrick, LLC, Entergy Nuclear Vermont Yankee, LLC, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, and EN-Palisades, LLC, (together, the Applicants), requested an extension of seven orders, issued by the NRC on July 28, 2008 (Transfer Orders),3 consenting to an indirect transfer of control of the operating licenses held by the Applicants, which would be effected due to a corporate restructuring of Entergy Corporation and creation of a new holding company, Enexus Energy Corporation (Enexus) and several intermediate companies. Enexus would become the ultimate parent company of the NRC license holders. The Transfer Orders contained a clause stating:
1 Agencywide Document Access and Management System (ADAMS) Accession No. ML093100496 2
ADAMS Accession No. ML093630884 3
ADAMS Accession Nos. ML080990282, ML080940360, ML080940400, ML080940564, ML080940536, ML080940379, ML080940591 Enclosure 2
Should the proposed corporate restructuring and establishment of Enexus not be completed within one year from the date of this Order, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by Order The November 3, 2009, letter is the second request to extend the Transfer Orders. ENO requested the first extension by letters dated May 15, 20094, and May 29, 20095. By Order dated July 24, 20096, the NRC determined that good cause had been shown to extend the effectiveness of the Transfer Orders, allowing for completion of the proposed indirect transfer on or before January 28, 2010.
Section IV of the July 24, 2009 Order, provides that if the proposed corporate restructuring and establishment of Enexus Energy Corporation is not consummated by January 28, 2010, the Orders of July 28, 2008, shall become null and void, unless upon application and for good cause shown, such date is further extended by Order.
By letter dated November 3, 2009, as supplemented by letter dated December 10, 2009, (together, Second Extension Request), ENO submitted a request that the Orders dated July 24, 2009, be extended through August 1, 2010, in order to allow ample time for completion of the proposed restructuring.
2.0 BASIS FOR THE EXTENSION REQUEST According to the Second Extension Request, diligent efforts have been made to obtain the required State and Federal regulatory approvals, and many of the required approvals have been obtained. As discussed in ENOs letter dated August 18, 2009, Update Regarding Status and Request for Threshold Determination Under 10 CFR 50.807, ENO states that it remains confident that it will receive all of the required approvals for the transaction. However, proceedings are ongoing before the New York State Public Service Commission (PSC) and the State of Vermont Public Service Board (PSB), and the New York PSC may not complete its regulatory approval process in time for completion of the restructuring and establishment of Enexus before January 28, 2010, as required by the July 24, 2009, extension Order. An amended petition has been submitted to the New York PSC that includes several enhancements to the transaction. In Vermont, Entergy Nuclear Vermont Yankee, LLC (ENVY),
ENO, and Enexus have entered into a Memorandum of Understanding (MOU) with the Vermont Department of Public Service. The MOU must be approved by the Vermont PSB and this approval is expected to be issued in the near future.
The Applicants state that they are optimistic that they may be able to close the Enexus transaction by the end of January 2010 but remain concerned that the transaction may not be completed by January 28, 2010, as required by the current Orders. Moreover, beginning in early 2010, there are certain blackout periods imposed by Federal regulations in connection with efforts to finalize the audited 2009 annual financial results for Entergy Corporation. Once 4
ADAMS Accession No. ML091420271 5
ADAMS Accession No. ML091600059 6
ADAMS Accession No. ML091520154 7
ADAMS Accession No. ML092370203
such blackout periods begin, limitations on access to the financial markets would likely delay completion of the transaction until the June or July 2010 time frame.
2.1 Conclusion as to Good Cause The NRC staff concludes that the Applicants have demonstrated that the reasons for the delay (i.e., the need to obtain State approvals and the possibility of limited access to financial markets) establish good cause for the extension of the Transfer Orders.
3.0 FINANCIAL QUALIFICATIONS The Second Extension Request contained new information with respect to the indirect transfers of the licenses. In an indirect license transfer, the NRC staff determines whether the proposed shift in ultimate corporate control will affect the licensees existing financial and technical qualifications.
In the Second Extension Request, the applicant provided 5-year projected income statements for the period from FY 2010 to FY 2014 for each of the 7 licenses involved in the indirect transfers. The previous projections had been for the period from FY 2007 to FY 2012. The updated projections show that revenues will exceed operating and maintenance expenses for each of the licensees. Based upon the revenues and expenses submitted in the Second Extension Request, the NRC staff finds that there are no material changes to the financial qualifications of the licensees. Therefore, the finding made in the Transfer Orders, that the indirect transfers of control of the licenses will not affect financial qualifications of the licensees is still valid.
3.1 Decommissioning Funding Assurance On October 29, 2009,8 in response to an NRC staff request for additional information related to the biennial decommissioning fund status report submitted pursuant to Title 10 of the Code of Federal Regulations Section 50.75(f), Entergy submitted its plan to address a projected shortfall in decommissioning funding for ENVY. The plan included the addition of a parent company guarantee from Entergy, which will terminate 3 days after the indirect transfer of the ENVY license to Enexus. ENVY committed to replace the parent guarantee from Entergy with another financial instrument, if necessary, within 2 days after the indirect transfer to Enexus is completed. The staff determined that the amount of the parent guarantee provided adequate decommissioning funding assurance.
Based upon the decommissioning funding assurance statements submitted in the Second Request for Extension, the NRC staff finds the proposed restructuring and indirect license transfers will not affect the adequacy of decommissioning funding assurance.
4.0 CONCLUSION
The conditions under which the NRC issued the July 28, 2008, Transfer Orders have not changed significantly. The technical qualifications of the new organization and other bases for approving the transfers remain intact and the various inter-company contractual arrangements 8
ADAMS Accession No. ML092870647
and financial support described in the application and supplemental information submitted to support the NRC staffs review and issuance of its Safety Evaluation, remain valid and fully support the staffs findings. As such, the current conditions continue to support the staffs findings regarding the technical and financial qualifications of the affected licensees.
Principal Contributor: M. A. Dusaniwskyj, NRR Date: January 22, 2010