ML14148A114

Correction Letter - Correction to the Title Page of the Renewed Facility Operating License No. NPF-69 and Change in the Title Page of the Current License No. NPF-69

ML14148A114
Person / Time
Site:	Nine Mile Point
Issue date:	07/16/2014
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Costanzo C Nine Mile Point
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC MC3273, TAC MF2587
Download: ML14148A114 (7)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 16, 2014 Mr. Christopher Costanzo Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO.2- CORRECTION LETTER-CORRECTION TO THE TITLE PAGE OF THE RENEWED FACILITY OPERATING LICENSE NO. NPF-69 AND CHANGE IN THE TITLE PAGE OF THE CURRENT LICENSE NO. NPF-69 (TAC NOS. MC3273 AND MF2588)

Dear Mr. Costanzo:

By letter dated October 31, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML062830273), the U.S. Nuclear Regulatory Commission (NRC) issued Renewed Facility Operating License (Renewed FOL) Nos. DPR-63 and NPF-69, for Nine Mile Point Nuclear Station (NMPNS), Units 1 and 2 (NMP1 and NMP2). The NRC issued the Renewed FOLs based on the NRC staff review of the application from Nine Mile Point LLC (the licensee) dated May 26, 2004, (ADAMS Package Accession No. 041490211 ), as well as the amended application dated July 14, 2005 (ADAMS Accession No. ML052000175), as supplemented by letters submitted to the NRC through April 21, 2006.

Prior to the submission of the applications for License Renewal, the FOL for NMP2 stated that Long Island Lighting Company (LILCO) owns 18 percent of NMP2 and the licensee is the authorized agent for LILCO. In the application dated May 26, 2004 (Enclosure 2, Technical Information, Section 1.1.3), as well as the amended application dated July 14, 2005 (Technical Information, Section 1.1.3) for the renewal of the FOL, the licensee has stated under oath or affirmation, that Long Island Power Authority (LIPA), owns 18 percent of NMP2. The applications do not provide any details about the status and/or the nature of authority from LIP A to the licensee for NMP2. Further, the applications did not propose to delete the LILCO name from the license, or to replace the LILCO name with LIPA; either in its application as amended and supplemented, or via mark-up pages of the FOL and/or the technical specifications (TSs) in its submissions.

The NRC has not received any request from the licensee regarding changes in the status and/or the nature of the authorization for Nine Mile Point LLC to act as the agent for LILCO (or for LIPA), as stated in the original FOL or Renewed FOL.

The NRC staff, on its part, has not reviewed or approved the deletion of the LILCO name from the NMP2 FOL or Renewed FOL and/or replaced the LILCO name with LIPA in the NMP2 FOL or Renewed FOL.

Additionally, when LIP A took over LILCO, the Direct License Transfer Order dated December 29, 1997 (ADAMS Accession No. 9801140014), issued by the NRC stated that "LILCO thereby would become a subsidiary of LIP A. After this restructuring, LILCO would continue to exist as an "electric utility" as defined in 10 CFR 50.2, providing the same electric

C. A. Costanzo utility services it did immediately preceding the restructuring. LILCO would continue to be a licensee of NMP2, and no direct transfer of the operating license or interests in the station would result from the proposed restructuring." Also, the conforming Amendment issued with the Supplemental Order on October 30, 2001 (ADAMS Accession No. ML012920556), reflected the LILCO name on the Title Page of the FOL for NMP2.

In view of the above, the Title Page of the Renewed FOL should have reflected LILCO as a co-owner of NMP 2. However, due to an inadvertent error, the Page 1 of the Renewed FOL for NMP2 did not reflect LILCO as a co-owner of NMP2.

Subsequent to the issuance of the renewal of the FOL for NMP2 by letter dated October 31, 2006, the NRC has issued Amendment Nos. 117 through 145 to the Renewed FOL for NMP2.

Instead of issuing the correction to the affected Page 1 for every amendment that issued revised Page 1, the purpose of this letter is to issue the correction only for the latest amendment that revised Page 1 of the license, which was Amendment No. 144. By letter dated April 1, 2014 (ADAMS Accession No. ML14091A323), the NRC issued the conforming amendment No. 144 to Renewed FOL No. NPF-69 for NMP 2. The amendment consisted of changes to reflect the direct transfer of operating authority from Nine Mile Point Nuclear Station, LLC to Exelon Generation Company, LLC, as approved by Order dated March 25, 2014 (ADAMS Accession No. ML14063A184). However, the Page 1 issued with the amendment did not reflect LILCO as a co-owner of NMP2.

To correct this error, the replacement Pages 1 and 2 of the Renewed FOL for NMP2, are provided in the Enclosure to this letter.

There are no other changes to the Renewed FOLs, DPR-63 and NPF-69 issued by the NRC letter dated October 31, 2006, as well as the Direct Transfer Order and the conforming License Amendments issued by the NRC letter dated April 1, 2014, for NMPNS Units 1 and 2.

C. A Costanzo We apologize for the inconvenience this error may have caused.

Sincerely, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-41 0

Enclosures:

Revised License Pages 1 and 2 issued with Amendment No. 144 for NMP2.

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ENCLOSURE TO CORRECTION LETTER RE: RENEWED FACILITY OPERATING LICENSE NPF-69 REVISED LICENSE PAGES 1 AND 2 TO THE CONFORMING AMENDMENT TO REFLECT THE DIRECT LICENSE TRANSFER TO EXELON GENERATION COMPANY. LLC

NINE MILE POINT NUCLEAR STATION, LLC LONG ISLAND LIGHTING COMPANY EXELON GENERATION COMPANY. LLC DOCKET NO. 50-410 NINE MILE POINT NUCLEAR STATION. UNIT 2 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-69

1. The Nuclear Regulatory Commission (NRC or the Commission) having previously made The findings set forth in License No. NPF-69 issued on July 2, 1987, has now found that:

A. The application for license filed by Nine Mile Point Nuclear Station, LLC* (NMP LLC) 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 Nine Mile Point Nuclear Station, Unit 2 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-112 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under 10 CFR 54.21 (a)(1 ); and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21 (c), such that there is reasonable assurance that the activities authorized by the renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3, for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D. 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);

• By Order dated October 9, 2009, as superseded by Order dated October 30, 2009, the transfer of this license to Nine Mile Point Nuclear Station, LLC, was approved. By Order dated March 25, 2014, the transfer of the operating authority under this license to Exelon Generation Company, LLC was approved.

Renewed License No. NPF-69 Correction Letter Dated July 16, 2014 Amendment No. 144

E. 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);

F. Exelon Generation and Nine Mile Point Nuclear Station, LLC are technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; G. Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company, as owners of the facility, and Exelon Generation, as operator of the facility, have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; H. The issuance of this full-term renewed operating license will not be inimical to the common defense and security or to the health and safety of the public; I. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the adverse environmental impacts of license renewal are not so great that preserving the option of license renewal would be unreasonable and the issuance of Renewed Facility Operating License No. NPF-69, 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 J. 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. Renewed Facility Operating License No. NPF-69 is hereby issued to Exelon Generation, the Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company (the licensees**) to read as follows:

A. This renewed operating license applies to the Nine Mile Point Nuclear Station, Unit 2, a boiling water nuclear reactor, and associated equipment (the facility) owned by Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company. The facility is located on the licensees' site on the southeast shore of Lake Ontario in the town of Scriba, Oswego County, New York and is described in the Nine Mile Point Nuclear Station - Unit 2 "Final Safety Analysis Report," as supplemented and amended, and in the "Environmental Report," as supplemented and amended.

• • Exelon Generation is authorized to act as agent for Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company and has exclusive responsibility and control over the physical possession, operation, and maintenance of the facility.

Renewed License No. NPF-69 Correction Letter Dated July 16, 2014 Amendment No. 144

ML14148A114 OFFICE LPL 1-1/PM LPL1-1/LA OGC LPL1-1/BC LPL 1-1/PM NAME BVaidya KGoldstein BBeasley BVaidya DATE 7/02/14 07/02/14 7/03/14 7/16/14 7/16/14