ML15272A307

License Renewal

ML15272A307
Person / Time
Site:	Byron
Issue date:	11/19/2015
From:	Bill Dean Office of Nuclear Reactor Regulation
To:
Daily J, NRR/DLR,415-3873
Shared Package
ML15267A789	List: ML15272A307
References
DLR-15-0445
Download: ML15272A307 (9)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 EXELON GENERATION COMPANY, LLC DOCKET NO. STN 50-454 BYRON STATION, UNIT NO. 1 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-37

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for a renewed license filed by the applicant* complies with the standards and requirements of the Atomic Energy Act of 1954, as amend (the Act), and the Commissions 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 Byron Station, Unit No. 1 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-130 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below);

D. There is reasonable assurance: (i) that the activities authorized by this renewed 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 Commissions regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D below);

E. Exelon Generation Company, LLC is technically qualified to engage in the activities authorized by this renewed license in accordance with the Commissions regulations set forth in 10 CFR Chapter I; F. Exelon Generation Company, LLC has satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations;

________________

• The Nuclear Regulatory Commission approved the transfer of the license from Commonwealth Edison Company to Exelon Generation Company, LLC on August 3, 2000.

Renewed License No. NPF-37

G. The issuance of this renewed 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 and other costs and considering available alternatives, the issuance of Renewed Facility Operating License No. NPF-37, 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 Commissions regulations and all applicable requirements have been satisfied; and I. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this renewed license will be in accordance with the Commissions regulations in 10 CFR Parts 30, 40 and 70.

J. 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 this renewed 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 facilitys current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commissions regulations.

2. Facility Operating License No. NPF-37, dated February 14, 1985, as amended, is hereby superseded by Renewed Facility Operating License No. NPF-37, issued to Exelon Generation Company, LLC (the licensee) to read as follows:

A. This renewed license applies to the Byron Station, Unit No. 1, a pressurized water nuclear reactor, and associated equipment (the facility), owned by Exelon Generation Company, LLC. The facility is located in north central Illinois within Rockvale Township, Ogle County, Illinois and is described in the licensees Updated Final Safety Analysis Report, as supplemented and amended, and in the licensees Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Exelon Generation Company, LLC:

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50 to possess, use and operate the facility at the designated location in accordance with the procedures and limitations set forth in this renewed license; Renewed License No. NPF-37

(2) 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 operation, as described in the Updated Final Safety Analysis Report, as supplemented and amended; (3) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, 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 calibration, and as fission detectors in amounts as required; (4) 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 material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. The renewed license shall be deemed to contain and is subject to the conditions specified in the Commissions regulations set forth in 10 CFR Chapter I 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 or incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at reactor core power levels not in excess of 3645 megawatts thermal (100 percent power) in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications contained in Appendix A as revised through Amendment No. 192 and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, are hereby incorporated into this renewed license. The licensee shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Deleted.

(4) Deleted.

Renewed License No. NPF-37

(5) Deleted.

(6) The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the licensees Fire Protection Report, and as approved in the SER dated February 1987 through Supplement No. 8, subject to the following provision:

The licensee may make changes to the approved fire protection 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.

(7) Deleted (8) Deleted.

(9) Deleted.

(10) Deleted.

(11) Deleted.

(12) Deleted.

(13) Deleted.

(14) Deleted.

(15) Deleted.

(16) Deleted.

(17) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 151, are hereby incorporated into this renewed license.

The licensee shall operate the facility in accordance with the Additional Conditions.

Renewed License No. NPF-37

(18) Exelon Generation Company, LLC shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company, LLC to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company, LLCs consolidated net utility plant, as recorded on Exelon Generation Company, LLCs books of account.

(19) Exelon Generation Company, LLC, shall have decommissioning trust funds for Byron, Unit 1, in the following minimum amount, when Byron, Unit 1, is transferred to Exelon Generation Company, LLC:

Byron Unit 1 $169,659,917 (20) The decommissioning trust agreement for Byron, Unit 1, at the time the transfer of the unit to Exelon Generation Company, LLC is effected and thereafter, is subject to the following:

(a) The decommissioning trust agreement must be in a form acceptable to the NRC.

(b) With respect to the decommissioning trust fund, investments in the securities or other obligations of Exelon Corporation or affiliates thereof, or their successors or assigns are prohibited. 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 are prohibited.

(c) The decommissioning trust agreement for Byron, Unit 1 must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Director of the Office of Nuclear Reactor Regulation 30 days prior written notice of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the NRC.

(d) The decommissioning trust agreement must provide that the agreement can not be amended in any material respect without 30 days prior written notification to the Director of the Office of Nuclear Reactor Regulation.

Renewed License No. NPF-37

(e) The appropriate section of the decommissioning trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a prudent investor standard, as specified in 18 CFR 35.32(a)(3) of the Federal Energy Regulatory Commissions regulations.

(21) Exelon Generation Company, LLC shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Byron, Unit 1, license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

(22) 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 Renewed License No. NPF-37

(23) License Renewal License Conditions (a) The information in the UFSAR supplement, submitted pursuant to 10 CFR 54.21(d), as revised during the license renewal application review process, and as supplemented by the Commitments applicable to Byron Unit 1 in Appendix A of the Safety Evaluation Report Related to the License Renewal of Byron Station, Units 1 and 2, and Braidwood Station, Units 1 and 2 (SER) dated July 2015, is collectively the License Renewal UFSAR Supplement. This Supplement is henceforth part of the UFSAR which will be updated in accordance with 10 CFR 50.71(e). As such, the licensee may make changes to the programs and activities applicable to Byron Unit 1 described in this Supplement provided the licensee evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

(b) This License Renewal UFSAR Supplement, as revised per License Condition 23(a) above, describes certain programs to be implemented and activities to be completed prior to the period of extended operation.

1. The licensee shall implement those new programs and enhancements to existing programs no later than April 30, 2024.

2. The licensee shall complete those activities as noted in the Commitments applicable to Byron Unit 1 in this Supplement no later than April 30, 2024 or the end of the last refueling outage prior to the period of extended operation, whichever occurs later.

3. The licensee shall notify the NRC in writing within 30 days after having accomplished item (b)1 above and include the status of those activities that have been or remain to be completed in item (b)2 above.

Renewed License No. NPF-37

D. The facility requires no exemptions from the requirements of 10 CFR Part 50.

E. Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualifications, 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 27817 and 27822), and the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

Byron Nuclear Power Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 3, submitted by letter dated May 17, 2006.

Exelon Generation Company shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The Exelon Generation Company CSP was approved by License Amendment No.175 and modified by License Amendment No. 191.

__________________

1 The training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan Renewed License No. NPF-37

F. Deleted G. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

H. This renewed license is effective as of the date of issuance and shall expire at midnight on October 31, 2044.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

William M. Dean, Director Office of Nuclear Reactor Regulation Appendices:

1. Appendix A - Technical Specifications (NUREG-1113)

2. Appendix B - Environmental Protection Plan

3. Appendix C - Additional Conditions Date of Issuance: November 19, 2015 Renewed License No. NPF-37