ML11319A051
| ML11319A051 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 11/03/2011 |
| From: | Langdon K Constellation Energy Group, EDF Group, Nine Mile Point |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML11319A051 (6) | |
Text
Ken Langdon P.O. Box 63 Vice President-Nine Mile Point Lycoming, New York 13093 315.349.5200 315.349.1321 Fax CENG.
a joint venture of Constellation "-19.eDF Energy10 NINE MILE POINT NUCLEAR STATION November 3, 2011 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTENTION: Document Control Desk
SUBJECT:
Nine Mile Point Nuclear Station Unit Nos. 1 and 2; Docket Nos. 50-220 and 50-410 License Amendment Requests Pursuant to 10 CFR 50.90: Revisions to the Technical Specifications Design Features Sections to Reflect the Transfer of a Portion of the Nine Mile Point Nuclear Station Site Real Property - Supplemental Information
REFERENCE:
(a) Letter from S. Belcher (NMPNS) to Document Control Desk (NRC), dated July 20, 2011, License Amendment Requests Pursuant to 10 CFR 50.90: Revisions to the Technical Specifications Design Features Sections to Reflect the Transfer of a Portion of the Nine Mile Point Nuclear Station Site Real Property In Reference (a), Nine Mile Point Nuclear Station, LLC (NMPNS) submitted license amendment requests to revise the site descriptions contained in the Design Features sections of the Nine Mile Point Unit 1 (NMP1) and Nine Mile Point Unit 2 (NMP2) Technical Specifications to reflect the transfer of a portion of the NMPNS site real property located outside the NMPNS Protected Area, but within the current NMPNS Owner Controlled Area, as well as specified easements over the remainder of the NMPNS site, to Nine Mile Point 3 Nuclear Project, LLC (NMP3), a subsidiary of UniStar Nuclear Energy, LLC.
During a telephone conference on September 9, 2011, the NRC Project Manager requested additional information regarding the planned schedule for transferring the land. The attached supplemental information responds to this request for further information on the schedule and provides other additional information to support the proposed amendments. Based on the additional information provided, NMPNS is revising the requested NRC approval date for the proposed license amendments to March 30, 2012.
Pursuant to 10 CFR 50.91(b)(1), NMPNS has provided a copy of this supplemental information to the appropriate state representative.
Document Control Desk November 3, 2011 Page 2 Should you have any questions regarding the information in this submittal, please contact John J. Dosa, Director Licensing, at (315) 349-5219.
Very truly yours, STATE OF NEW YORK
- TO WIT:
COUNTY OF OSWEGO I, Ken Langdon, being duly sworn, state that I am Vice President-Nine Mile Point, and that I am duly authorized to execute and file this supplemental information on behalf of Nine Mile Point Nuclear Station, LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Nine Mile Point employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it to be reliable.
Subscribed and sworn befpre me, a Notary Public in and for the State of New York and County of (IbV/C C4U ,this* dayof evN/)6 ,2011.
WITNESS my Hand and Notarial Seal:
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Attachment:
Supplemental Information Regarding the License Amendment Request for Transfer of a Portion of the Nine Mile Point Nuclear Station Site Real Property cc: Regional Administrator, Region I, NRC Project Manager, NRC Resident Inspector, NRC A. L. Peterson, NYSERDA
ATTACHMENT SUPPLEMENTAL INFORMATION REGARDING THE LICENSE AMENDMENT REQUEST FOR TRANSFER OF A PORTION OF THE NINE MILE POINT NUCLEAR STATION SITE REAL PROPERTY Nine Mile Point Nuclear Station, LLC November 3, 2011
ATTACHMENT SUPPLEMENTAL INFORMATION REGARDING THE LICENSE AMENDMENT REQUEST FOR TRANSFER OF A PORTION OF THE NINE MILE POINT NUCLEAR STATION SITE REAL PROPERTY By letter dated July 20, 2011, Nine Mile Point Nuclear Station, LLC (NMPNS) submitted license amendment requests for Nine Mile Point Unit I (NMP 1) and Nine Mile Point Unit 2 (NMP2) regarding the transfer of a portion of the NMPNS site real property located outside the NMPNS Protected Area, but within the current NMPNS Owner Controlled Area, as well as specified easements over the remainder of the NMPNS site, to Nine Mile Point 3 Nuclear Project, LLC (NMP3), a subsidiary of UniStar Nuclear Energy, LLC. The following supplemental information addresses the planned schedule for transferring the land, as requested by the NRC Project Manager during a telephone conference on September 9, 2011, and provides other additional information to support the proposed amendments.
Schedule for the Land Transfer As stated in the original license amendment request submitted by NMPNS letter dated July 20, 2011, and reiterated in the telephone conference on September 9, 2011, NMPNS originally hoped to complete the land transfer by the end of 2011. Based on current schedules, NMPNS is revising the requested NRC approval date to March 30, 2012. The land transfer is the subject of a Purchase and Sale Agreement (PSA) entered into on November 3, 2010 by the NMPNS corporate parent, Constellation Energy Nuclear Group, LLC (CENG), and UniStar Nuclear Energy, LLC, among other parties. The PSA contains contractual provisions regarding the schedule for transferring the land. In general, the PSA obligates CENG to use commercially reasonable efforts to transfer the real property rights for the land and obtain necessary regulatory approvals as soon as reasonably possible after execution of the PSA. Pursuant to the terms of the PSA, Constellation Energy Group, Inc., one of two parent companies of CENG (which is the parent company of NMPNS), must certify that it has obtained all real property rights to the transferred site within 18 months from the date of the PSA (approximately May 1, 2012), and that the land transfer must occur at the latest within 2 years of the date of the PSA. Accordingly, by transferring the land shortly following the end of the first quarter of 2012, NMPNS will be able to ensure that the contractually obligated dates are met.
No activities are currently planned to occur on the portion of the site property to be conveyed to NMP3 immediately following the transfer. If and when any activities are planned for the transferred land, they will be subject to a number of restrictions as described in the NMPNS letter dated July 20, 2011. The transfer of the real property to NMP3 is a preliminary action needed to provide NMP3 the opportunity to pursue the NMP3 Combined License (COL) and to build a new nuclear power plant at the Nine Mile Point site, as set forth in the NMP3 COL application discussed in the NMPNS letter dated July 20, 2011.
Additional Background Information A COL application for the new plant, to be known as Nine Mile Point 3 Nuclear Power Plant (NMP3NPP), was submitted to the NRC by NMP3 and UniStar Nuclear Operating Services, LLC on September 30, 2008 (Docket No.52-038). The proposed new unit would be located southwest of the existing NMP1 and NMP2 on the site, and would be outside the NMPNS Protected Area but within the current NMPNS Owner Controlled Area. The Nine Mile Point site occupies an area of 921 acres of land.
There are no residential, agricultural, or industrial developments on the site other than NMP1 and NMP2 operated by NMPNS. The surrounding area is primarily rural with large areas of forested land and farmland. NMPNS would transfer approximately 377 acres to NMP3 for use in construction and operation of NMP3NPP. (The land to be conveyed to NMP3 is referred to as the "NMP3 Site".) The site boundaries are shown in Figure 2.1-1 of the NMP3NPP COL (ML090970445) and the proposed new plant layout is shown in Figure 3.1-1 of the Environmental Report submitted as part of the NMP3NPP COL application (ML090970488).
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ATTACHMENT SUPPLEMENTAL INFORMATION REGARDING THE LICENSE AMENDMENT REQUEST FOR TRANSFER OF A PORTION OF THE NINE MILE POINT NUCLEAR STATION SITE REAL PROPERTY The NMP3NPP COL application did not include a request for a Limited Work Authorization (LWA).
Thus, no construction activities under an LWA pursuant to 10 CFR 50.10(d) are currently planned for the NMP3 Site. Furthermore, on December 1, 2009, NMP3 and UniStar Nuclear Operating Services requested that the NRC temporarily suspend the NMP3NPP COL application review. Accordingly, at this time, there are no pre-construction or site preparation activities planned for the NMP3 site.
In the event any activities are later planned on the NMP3 Site, NMP3 would notify NMPNS and the activities would be evaluated by NMPNS under 10 CFR 50.59 to identify any changes that could create potential hazards for the existing operating units. The activities would also be evaluated under 10 CFR 50.54(p) to identify any changes that could decrease the effectiveness of the NMPNS security plans and 10 CFR 50.54(q) to identify any changes that could decrease the effectiveness of the NMPNS emergency plans. Prior NRC approval would be sought if the evaluations under 10 CFR 50.59, 10 CFR 50.54(p), or 10 CFR 50.54(q) indicate that NRC approval is warranted for the proposed change or activity.
Importantly, the NMP3 Site lies entirely within the existing NMPNS Exclusion Area Boundary (EAB).
The EAB encompasses the entire site, including the site for the adjacent James A. FitzPatrick Nuclear Power Plant (FitzPatrick), owned and operated by Entergy Nuclear FitzPatrick, LLC. Thus, at all times, NMPNS will retain its authority as an existing licensee to monitor all activities on the transferred land, including exclusion or removal of personnel and property, in accordance with the requirements of 10 CFR 100.3. Once NMP3 becomes a licensed entity, the NMP3 will intersect that of the current and common EAB for NMP Units 1 and 2 and FitzPatrick.
The transfer of the NMP3 Site will be subject to a number of important restrictions. In particular, the transfer will be subject to a reciprocal easement agreement (REA) between NMPNS and NMP3.L The REA will include easements granted to NMPNS providing NMPNS the ability to access and use the NMP3 Site to perform security, emergency preparedness, and site monitoring activities, and will require the NMP3NPP COL applicants to notify NMPNS of major activities before initial construction or pre-construction activities associated with the NMP3NPP project.
As noted in the NMPNS letter dated July 20, 2011, the proposed action involves a transfer of real property (the NMP3 Site) and associated easements from NMPNS to NMP3 and will not cause any changes in operation of the existing NMP1 and NMP2 units or otherwise cause an adverse impact on the environment. NMPNS will continue to operate NMP1 and NMP2 in accordance with the NRC licenses and environmental permits. No safety related construction activity associated with NMP3NPP can take place on the site until the NRC issues a COL, which follows completion of the necessary NMP3 Environmental Impact Statement.
As specified in the NMP3 COL application, NMP3 will be responsible for decommissioning funding assurance requirements for radiological decommissioning and other environmental cleanup of the NMP3 Site. NMPNS intends to reserve an easement for the investigation and remediation of radiological and non-radiological contamination migrating from the existing site to the transferred parcel.
I The Long Island Power Authority (LIPA) holds an 18% ownership interest in NMP2, and also owns as tenants-in-common with NMPNS certain parcels that would be transferred for the NMP3 Site. Therefore, LIPA may also be a party to the new REA.
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ATTACHMENT SUPPLEMENTAL INFORMATION REGARDING THE LICENSE AMENDMENT REQUEST FOR TRANSFER OF A PORTION OF THE NINE MILE POINT NUCLEAR STATION SITE REAL PROPERTY The transfer of the NMP3 Site is for use in the construction and operation of the new NMP3NPP. In the event the NMP3 Site is not used for the construction of NMP3NPP, the NMP3 Site will remain subject to the restrictions under the REA and NMPNS's authority over the existing Exclusion Area, pursuant to 10 CFR 100.3. NMPNS and NMP3 would then notify the NRC of any planned change in use of the NMP3 Site (e.g., for a non-nuclear electric generation facility) and any required NRC approval would be sought at that time.
Conclusion NMPNS requests NRC approval of the requested license amendments on a schedule that will permit the parties to complete the land transfer as specified in the NMPNS letter dated July 20, 2011. For the reasons described above and in the license amendment request, the proposed amendments will not have any adverse impact on the operation of NMP1 and NMP2 or on public health and safety and the common defense and security, and the facilities will continue to operate in compliance with the rules and regulations of the NRC 3 of 3