ML17018A025

and Independent Spent Fuel Storage Installation - Supplemental Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment

ML17018A025
Person / Time
Site:	FitzPatrick
Issue date:	01/17/2017
From:	Fewell J Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
Download: ML17018A025 (5)

Text

Exelon Generation . *~ Entergy 10 CFR 50.80 10 CFR 50.90 10 CFR 72.50 January 17, 2017 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 James A. FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DPR-59 Docket No. 50-333 James A. FitzPatrick Nuclear Power Plant Independent Spent Fuel Storage Installation General License SFGL-12 Docket No.72-012

References:

1. Entergy Nuclear Operations, Inc. and Exelon Generation Company, LLC Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment, dated August 18, 2016

2. Letter from Patrick Simpson, Manager Licensing, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission Document Control Desk, "Notice of Merger of Subsidiary 'Non-Qualified Nuclear Decommissioning Trust' Entities into their Parent Company," dated December 22, 2016

3. Entergy Nuclear Operations, Inc. and Exelon Generation Company, LLC letter to U.S. Nuclear Regulatory Commission Document Control Desk, "Response to Request For Additional Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment,"

dated November 29, 2016

Subject:

Supplemental Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment In accordance with Section 184 of the Atomic Energy Act of 1954, as amended (the "Act"), 10 CFR 50.80, 10 CFR 72.50, and 10 CFR 50.90, Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc. (collectively referred to as "Entergy") and Exelon Generation Company, LLC ("Exelon Generation") requested written consent approving the transfer of the James A. FitzPatrick Nuclear

U.S. Nuclear Regulatory Commission Supplemental Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment Docket Nos. 50-333 and 72-012 January 17, 2017 Page2 Power Plant Renewed Facility Operating License No. DPR-59 and the transfer of the generally licensed FitzPatrick Independent Spent Fuel Storage Installation, from Entergy to Exelon Generation (Reference 1).

In the Reference 2 letter, Exelon Generation provided 30 days prior notification of changes to the corporate structure of its subsidiary companies through which the non-qualified nuclear decommissioning trust fund for each reactor owned and/or operated by Exelon Generation is managed and controlled. In Reference 2, Exelon Generation explained that it intends to eliminate the subsidiary companies created for each reactor non-qualified fund and merge those companies into the direct parent company, Exelon Generation Consolidation, LLC. After this internal merger, Exelon Generation Consolidation, LLC will be the sole surviving entity and will manage and control the non-qualified nuclear decommissioning trust fund for each of the reactors.

The purpose of this supplemental information is to update previously submitted information provided in Reference 3. In the November 29, 2016, RAI response (at page 2) Exelon Generation explained that it would take certain actions to facilitate the transfer of the assets of the FitzPatrick nuclear decommissioning trust fund at closing, including "to add a non-qualified fund and non-gualified fund limited liability company for FitzPatrick . ... "(Emphasis added). In light of the restructuring noted in Reference 2, and assuming there are no NRC concerns with Reference 2, Exelon Generation no longer plans to add a non-qualified fund limited liability company for FitzPatrick. Instead, the funds for the FitzPatrick non-qualified decommissioning trust fund will be managed and controlled by the existing entity, Exelon Generation Consolidation, LLC. In summary, nothing will change with respect to Exelon Generation's plans for the FitzPatrick qualified unit and non-qualified unit funds, as described in Reference 3, other than a separate non-qualified fund limited liability company for the FitzPatrick reactor will not be created or required.

There are no regulatory commitments contained in this response.

Please contact David P. Helker (Exelon Generation) at 610-765-5525 (David.Helker@exeloncorp.com) or Bryan Ford (Entergy) at 601-368-5516 (bford@entergy.com) if you have any questions or require any additional information regarding this response.

U.S. Nuclear Regulatory Commission Supplemental Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment Docket Nos. 50-333 and 72-012 Page 3

~!fully,

,v-:ftlley F well Senior Vice President Regulatory Affairs and General Counsel Exelon Generation Company, LLC To wit:

I, J. Bradley Fewell, state that I am the Senior Vice President Regulatory Affairs and General Counsel of Exelon Generation Company, LLC and that I am duly authorized to execute and file this supplemental information on behalf of Exelon Generation Company, LLC. To the best of my knowledge and belief, the statements contained in this document with respect to these companies are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by employees and/or consultants of the companies. Such information has been reviewed in accordance with company practice, and I believe it to be reliable.

Subscrib~9 and sworp before me, a Notary Public in this I 7n..._ day of .J.-tt.'Yl tAtrv1 , 2017.

WITNESS my Hand and Notarial Seal:

U.S. Nuclear Regulatory Commission Supplemental Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment Docket Nos. 50-333 and 72-012 Page4 Respectfully,

(

rian Sullivan Vice President - FitzPatrick Entergy Nuclear Operations, Inc.

STATE OF NEW YORK To wit:

COUNTY OF OSWEGO I, Brian Sullivan, state that I am Vice President - FitzPatrick of Entergy Nuclear Operations, Inc. and that I am duly authorized to execute and file this supplemental information on behalf of Entergy Nuclear Operations, Inc. To the best of my knowledge and belief, the statements contained in this document with respect to these companies are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by employees and/or consultants of the companies. Such information has been reviewed in accordance with company practice, and I believe it to be reliable.

Oswego this / } day of 'j"qtl_v<< 7, Subscribed and sworn before me, a Notary Public in and for the State of New York and County of 2017.

WITNESS my Hand and Notarial Seal:

~-*eaa1~d otary Public My Commission Expires: J~ -ILe Date

U.S. Nuclear Regulatory Commission Supplemental Information Regarding Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment Docket Nos. 50-333 and 72-012 January 17, 2017 Page 5 cc:

Regional Administrator - NRC Region I NRC Senior Resident Inspector-FitzPatrick Nuclear Power Plant NRC Project Manager, NRR - FitzPatrick Nuclear Power Plant A. L. Peterson, NYSERDA