ML17019A198
| ML17019A198 | |
| Person / Time | |
|---|---|
| Site: | Indian Point, FitzPatrick  |
| Issue date: | 01/19/2017 |
| From: | Jeremy Wachutka NRC/OGC |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| ASLBP 16-950-01-LA-BD01, RAS 51561 | |
| Download: ML17019A198 (6) | |
Text
January 19, 2017 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-286 and 50-333
)
(Indian Point Nuclear Generating Unit No. 3; )
James A. FitzPatrick Nuclear Power Plant) )
NOTIFICATION The U.S. Nuclear Regulatory Commission (NRC) staff (Staff) is filing this notification to inform all participants that the Staff has provided the Commission with a Notification of Significant Licensing Action (NSLA) stating that, on or about January 26, 2017, the Staff will issue an order directing the transfer of control of the decommissioning trusts (Master Trust) for Indian Point Nuclear Generating Unit No. 3 (IP3) and the James A. FitzPatrick Nuclear Power Plant (FitzPatrick) from the Power Authority of the State of New York (PASNY) to Entergy Nuclear Operations, Inc. (ENO); will consent to an amendment to the agreement governing the Master Trust, which would authorize the transfer of the Master Trust to ENO; and will approve license amendments to license conditions in the IP3 and FitzPatrick operating licenses that would modify those that refer to PASNY as the holder of the Master Trust, such that they refer to ENO instead, and would delete those that impose facility-specific requirements on decommissioning trust agreements, such that IP3 and FitzPatrick would be subject to the Commissions generic regulations governing decommissioning trust agreements at 10 C.F.R.
§ 50.75(h)(1)-(3) instead. The NSLA is attached.
Respectfully submitted,
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O14-A44 Washington, DC 20555-0001 Telephone: (301) 287-9188 E-mail: Jeremy.Wachutka@nrc.gov Dated at Rockville, Maryland this 19th day of January, 2017
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-286 and 50-333
)
(Indian Point Nuclear Generating Unit No. 3; )
James A. FitzPatrick Nuclear Power Plant) )
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the foregoing notification, dated January 19, 2017, have been filed through the Electronic Information Exchange, the NRCs E-Filing System, in the above-captioned proceeding, this 19th day of January, 2017.
/Signed (electronically) by/
Jeremy L. Wachutka Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Mail Stop O14-A44 Washington, DC 20555-0001 Telephone: (301) 287-9188 E-mail: Jeremy.Wachutka@nrc.gov Dated at Rockville, Maryland this 19th day of January, 2017
January 18, 2017 OFFICE OF NUCLEAR REACTOR REGULATION NOTIFICATION OF SIGNIFICANT LICENSING ACTION LICENSEE: Entergy Nuclear Operations, Inc.
Indian Point Nuclear Generating Unit No. 3 James A. FitzPatrick Nuclear Power Plant Docket Nos. 50-286 and 50-333
SUBJECT:
PROPOSED ISSUANCE OF ORDER APPROVING TRANSFER OF CONTROL OF MASTER DECOMMISSIONING TRUST FOR INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 AND JAMES A. FITZPATRICK NUCLEAR POWER PLANT FROM THE POWER AUTHORITY OF THE STATE OF NEW YORK TO ENTERGY NUCLEAR OPERATIONS, INC. REGARDING WHICH A HEARING HAS BEEN REQUESTED This is to inform the Commission that an order, final no significant hazards consideration determination, and license amendments, will be issued on or about January 26, 2017, to Entergy Nuclear Operations, Inc. (ENO). This action is being taken in response to an application dated August 16, 2016, in which ENO, on behalf of itself, Entergy Nuclear Indian Point 3, LLC (ENIP3), Entergy Nuclear FitzPatrick, LLC (ENF), and the Power Authority of the State of New York (PASNY), requested that the NRC (1) issue an order directing the transfer of control of the decommissioning trusts (Master Trust) for Indian Point Nuclear Generating Unit No. 3 (IP3) and the James A. FitzPatrick Nuclear Power Plant (FitzPatrick) from PASNY to ENO; (2) consent to an amendment to the agreement governing the Master Trust (Master Trust Agreement), which would authorize the transfer of the Master Trust to ENO; and (3) approve license amendments to license conditions in the IP3 and FitzPatrick operating licenses that would modify those that refer to PASNY as the holder of the Master Trust, such that they refer to ENO instead, and would delete those that impose facility-specific requirements on decommissioning trust agreements, such that IP3 and FitzPatrick CONTACT: Diane Render, Ph.D., NRR 415-3629 NOTE: Information to be added after the order is issued.
Date Issuance of Order: MM/DD/YY Date of receipt of Order: MM/DD/YY Date [name of each petitioner] was notified: MM/DD/YY
would be subject to the Commissions generic regulations governing decommissioning trust agreements at Title 10 of the Code of Federal Regulations Section 50.75(h)(1)-(3) instead. 1 On November 1, 2016, a request for a hearing on the application was filed by Ms. Susan H.
Shapiro, on behalf of Indian Point Safe Energy Coalition, Hudson River Sloop Clearwater, Council on Intelligent Energy & Conservation Policy, Sierra Club Hudson Valley, Nuclear Information and Resource Service, Alliance for Green Economy, and Radiation and Public Health Project (collectively, Petitioners). 2 On November 15, 2016, the Office of the Secretary referred this hearing request to the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel 3 who, in turn, established an Atomic Safety and Licensing Board (Board) to address the matter. 4 On November 28, 2016, the NRC staff 5 and ENO 6 filed answers to the hearing request. On December 13, 2016, the Board denied the hearing request for failure to demonstrate standing. 7 The Petitioners may appeal this decision to the Commission within 25 days of the decision.
The State of New York will be notified of the issuance.
1 Application for Order to Transfer Master Decommissioning Trust from PASNY to ENO, Consenting to Amendments to Trust Agreement, and Approving Proposed License Amendments to Modify and Delete Decommissioning Trust License Conditions Upon the Transfer of Trust Funds (August 16, 2016)
(Agencywide Documents Access and Management System (ADAMS) Accession No. ML16230A308).
2 Letter from Susan H. Shapiro to NRC, Request for Public Hearing on Indian Point 2 License Amendment: Docket ID NRC-2015-0038 [sic] (dated September 15, 2016; filed November 1, 2016)
(ADAMS Accession No. ML16306A258).
3 Memorandum from Annette Vietti-Cook, Secretary, NRC, to E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel, Indian Point Nuclear Generating Unit No. 3 and James A. FitzPatrick Nuclear Power Plant, Request for Hearing Regarding Entergy Nuclear Operations, Inc.s Amendment Request (Docket Nos. 50-286 and 50-333) (November 15, 2016) (ADAMS Accession No. ML16320A205).
4 Order (Establishment of Atomic Safety and Licensing Board) (November 18, 2016) (unpublished)
(ADAMS Accession No. ML16323A322).
5 NRC Staff Answer to Hearing Request (November 28, 2016) (ADAMS Accession No. ML16333A399).
6 Entergys Answer Opposing Request for Hearing (November 28, 2016) (ADAMS Accession No. ML16333A415).
7 Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Unit No. 3 and James A. Fitzpatrick Nuclear Power Plant), LBP-16-14, 84 NRC __ (December 13, 2016) (slip op.) (ADAMS Accession No. ML16348A495).
ML16336A499 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DORL/LPL1/BC(A) DORL/D NAME DPickett for DRender LRonewicz SKoenick ABoland DATE 12/ 14 /2016 12/13/2016 01 / 05 /2017 01 /06/2017 OFFICE OGC NRR/D EDO NAME JWachutka WDean VMcCree DATE 12 / 22 /2016 01 / 16 /2017 01 / 18 /2017 DISTRIBUTION:
NON-PUBLIC [draft]
PUBLIC [after EDO concurs]
LPLI R/F Chairman Burns Commissioner Svinicki Commissioner Baran RidsACRS_MailCTR Resource RidsEdoMailCenter Resource RidsNrrOd Resource RidsNrrDorl Resource RidsNrrDorlLpl1 Resource RidsNrrLALRonewicz Resource RidsNrrPMFitzPatrick Resource RidsNrrPMIndianPoint Resource RidsOcaMailCenter Resource RidsOeMailCenter Resource RidsOgcMailCenter Resource RidsOigMailCenter Resource RidsOpaMailCenter Resource RidsRgn1MailCenter Resource RidsSecyMailCenter Resource JBowen, OEDO BMizuno, OGC