ML17012A280

Withdrawal of Certification of Permanent Cessation of Power Operations

ML17012A280
Person / Time
Site:	FitzPatrick
Issue date:	01/04/2017
From:	Ventosa J Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
CNR0-17-00001
Download: ML17012A280 (2)

Text

~Entergy Entergy Nuclear Operations Inc.

440 Hamilton Avenue White Plains, NY 10601 Tel: 914- 272-3421 jventos@entergy.com John A. Ventosa Chief Operating Officer - North 10 CFR 50.82(a)(1 )(i)

CNR0-17-00001 January 4, 2017 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

SUBJECT:

Withdrawal of Certification of Permanent Cessation of Power Operations James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059

REFERENCES:

1. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Notification of Permanent Cessation of Power Operations,"

JAFP-15-0133, dated November 18, 2015 (ADAMS Accession

• I 1

No. ML15322A273)

2. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Certification of Permanent Cessation of Power Operations,"

JAFP-16-0045, dated March 16, 2016 (ADAMS Accession No. ML16076A391)

3. Letter, Entergy Nuclear Operations, Inc. and Exelon Generation Company, LLC to USNRC, "Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment," dated August 18, 2016 (ADAMS Accession No. ML16235A081)

Dear Sir or Madam:

On November 18, 2015, Entergy Nuclear Operations, Inc. (Entergy) notified the NRC that it intended to permanently cease power operations of James A. FitzPatrick Nuclear Power Plant (JAF) in late 2016 or early 2017 (Reference 1). In Reference 2, pursuant to 10 CFR 50.82(a)(1 )(i), Entergy certified that it planned to permanently cease power operations at JAF on January 27, 2017. The planned permanent closure of JAF was due to the economic conditions for operating a nuclear power plant in upstate New York.

Subsequent to certification of planned permanent cessation of power operations, an option to keep JAF operating in the form of a planned sale and proposed transfer of the operating license to Exelon Generation Company, LLC (Exelon Generation) (the "Transaction") was announced {see Reference 3). In accordance with the terms of the Transaction, JAF will temporarily shut down in January 2017 for a planned refueling outage and resume power operations upon startup from the refueling outage. Following

CNR0-17-00001 I Page 2 of 2 the start up from the outage and subject to a number of conditions, including the receipt of all required regulatory approvals, Entergy will transfer ownership of JAF and the license to operate JAF will transfer to Exelon Generation. The application to transfer the operating license was submitted in Reference 3.

Although the application to transfer the operating license is still under NRC review, the New York Public Service Commission and the Federal Energy Regulatory Commission have approved the transfer of ownership of JAF to Exelon Generation.

In the application to transfer the operating license (Reference 3), Exelon Generation requested that Entergy's notice of intent to permanently cease power operations (References 1 and 2) be deemed withdrawn if the NRC approved the license transfer.

However, in light of the approvals from the New York Public Service Commission and the Federal Energy Regulatory Commission of the transfer of ownership of JAF to Exelon Generation and Entergy's decision to continue operations of JAF and p*ursue transfer of the operating license, by this letter, Entergy formally withdraws its certification of permanent cessation of power operations. Entergy requests that the NRC acknowledge this withdrawal within 30 days of receipt of this letter.

Should you have any questions regarding this submittal, please contact Mr. Bryan Ford at 601-368-5516.

This letter contains no new regulatory commitments.

I declare under penalty of perjury that the foregoing is true and correct; executed on January 4, 2017.

Sincerely, JV I pie cc: Mr. Daniel H. Dorman Region 1 Administrator U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd, Suite 100 King of Prussia, PA 19406-2713 Mr. James S. Kim, Project Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 08015 Washington, DC 20555 NRC Senior Resident Inspector - James A. FitzPatrick Nuclear Power Plant NYSPSC NYSERDA