ML17240A232
| ML17240A232 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 10/04/2017 |
| From: | Siva Lingam Special Projects and Process Branch |
| To: | Entergy Operations |
| Lingam S, 301-415-1564 | |
| References | |
| CAC MF9588 | |
| Download: ML17240A232 (15) | |
Text
Vice President, Operations Entergy Operations, Inc.
Grand Gulf Nuclear Station P.O. Box 756 Port Gibson, MS 39150 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O.C. 20555-0001 October 4, 2017
SUBJECT:
GRANO GULF NUCLEAR STATION, UNIT 1 - ISSUANCE OF AMENDMENT FOR ADMINISTRATIVE NAME CHANGE TO LICENSEE SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION (CAC NO. MF9588)
Dear Sir or Madam:
The U.S. Nuclear Regulatory Commission (NRG) has issued the enclosed Amendment No. 213 to Renewed Facility Operating License No. NPF-29 for the Grand Gulf Nuclear Station (GGNS),
Unit 1. The amendment would make an administrative change to the name of South Mississippi Electric Power Association, one of the licensees for GGNS and its independent spent fuel storage installation. The amendment consists of changes to the operating license in response to your application dated March 29, 2017.
Effective November 10, 2016, South Mississippi Electric Power Association changed its company name from "South Mississippi Electric Power Association" to "Cooperative Energy, a Mississippi electric cooperative." The corporate name was changed for commercial reasons and is purely administrative in nature. The changes proposed herein to the GGNS operating license solely reflects the changed licensee name. This request does not involve a transfer of control or of an interest in the license. contains five signed originals of Amendment 6 to Indemnity Agreement No. 8-72, which is required in connection with the license amendment. Please sign one original and return it to the NRC's Document Control Desk as proof of acceptance. Please sign the other four originals and keep them for your records.
A copy of our related Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.
Docket No. 50-416
Enclosures:
- 1. Amendment No. 213 to NPF-29
- 2. Safety Evaluation Sincerely, Siva P. Lingam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
- 3. Amendment No. 6 to Indemnity Agreement No. 8-72 cc w/encls: Distribution via Listserv
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 ENTERGY OPERATIONS INC.
SYSTEM ENERGY RESOURCES, INC.
SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION ENTERGY MISSISSIPPI, INC.
DOCKET NO. 50-416 GRAND GULF NUCLEAR STATION UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 213 Renewed License No. NPF-29
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Entergy Operations, Inc. (the licensee), dated March 29, 2017, 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; B.
The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonable assurance (i) that the activities authorized by this amendment 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; D.
The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
- 2.
Accordingly, the license is amended by changes to Renewed Facility Operating License No. NPF-29 as indicated in the attachment to this license amendment.
- 3.
This license amendment is effective as of its date of issuance and shall be implemented within 90 days from the date of issuance.
Attachment:
Changes to the Renewed Facility Operating License No. NPF-29 FOR THE NUCLEAR REGULATORY COMMISSION Robert J. Pascarelli, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: October 4, 2o1 7
ATIACHMENT TO LICENSE AMENDMENT NO. 213 RENEWED FACILITY OPERATING LICENSE NO. NPF-29 GRAND GULF NUCLEAR STATION UNIT 1 DOCKET NO. 50-416 Replace the following pages of the Renewed Facility Operating License No. NPF-29 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Renewed Facility Operating License Remove 1
2 3
Insert 1
2 3
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 ENTERGY OPERATIONS, INC.
SYSTEM ENERGY RESOURCES INC.
COOPERATIVE ENERGY A MISSISSIPPI ELECTRIC COOPERATIVE ENTERGY MISSISSIPPI, INC.
DOCKET NO. 50-416 GRAND GULF NUCLEAR STATION UNIT 1 RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-29
- 1.
The Nuclear Regulatory Commission (the Commission or the NRG) has found that:
A.
The application for renewed license filed by Mississippi Power & Light Company (MP&L), (now renamed Entergy Mississippi, Inc.), for itself and Middle South Energy, Inc., (now renamed System Energy Resources, Inc. (SERI), and South Mississippi Electric Power Association (SMEPA), (now renamed Cooperative Energy, A Mississippi electric cooperative (Cooperative Energy)), as amended, (hereinafter referred to as the licensees) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 Grand Gulf Nuclear Station, Unit 1 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-118 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 2.0. below);
- 0.
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 Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.0. below);
Amendment No. 213
E.
Entergy Operations, Inc. (EOI), is technically qualified to engage in the activities authorized by this renewed operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; F.
The licensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; 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-29, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 1 O CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; I.
The receipt, possession, and use of source, by-product and special nuclear material as authorized by this renewed license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40, and 70; and 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 1 O 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 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.
- 2.
Based on the foregoing findings regarding this facility and pursuant to Commission Order CLl-84-19, dated October 25, 1984, License NPF-13, as amended, is superseded by this Renewed Facility Operating License NPF-29 which is hereby issued to Entergy Operations, Inc., Entergy Mississippi, Inc., System Energy Resources, Inc., and Cooperative Energy to read as follows:
A.
This renewed license applies to the Grand Gulf Nuclear Station (GGNS), Unit 1, a boiling water nuclear reactor and associated equipment (the facility), owned by System Energy Resources, Inc., and Cooperative Energy and operated by Entergy Operations, Inc. The facility is located in Claiborne County, Mississippi, and is described in the licensees' "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:
2 Amendment No. 213
(1)
Entergy Operations, Inc. (EOI) pursuant to Section 103 of the Act and 1 O CFR Part 50, to possess, use, and operate the facility at the designated location in Claiborne County, Mississippi, in accordance with the procedures and limitations set forth in this renewed license; (2)
System Energy Resources, Inc., and Cooperative Energy to possess, but not operate, the facility at the designated location in Claiborne County, Mississippi, in accordance with the procedures and limitations set forth in this renewed license; (3)
EOI, pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time at the facility site and as designated solely for the facility special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4)
EOI, 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; (5)
EOI, 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 (6)
EOI, 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.
(7)
(a)
SERI is authorized to transfer up to 15 percent of its 90.0 percent ownership share in Grand Gulf Nuclear Station, Unit 1 (GGNS Unit 1 ), to certain equity investors identified in the submissions of October 31, 1988 and November 11, 1988, and at the same time to lease back from such purchasers such interest sold in the facility.
The term of the lease is for approximately 26 years subject to a right of renewal. Such sale and lease back transactions are subject to the condition that lessors and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over (i) GGNS Unit 1, (ii) power or energy produced by GGNS Unit 1, or (iii) the l.icensees of GGNS Unit 1. Further, any rights acquired under this authorization may be exercised only in compliance with and subject to the requirements and restrictions of this renewed operating license, the Atomic Energy Act of 1954, as amended, and the Commission's regulations. For purposes of this condition, the limitations of 10 CFR 50.81, as now in effect and as they may be subsequently 3
Amendment No. 213
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 213 TO RENEWED FACILITY OPERATING LICENSE NO. NPF-29
1.0 INTRODUCTION
ENTERGY OPERATIONS INC. ET AL.
GRAND GULF NUCLEAR STATION, UNIT 1 DOCKET NO. 50-416 By application dated March 29, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17093A729), Entergy Operations, Inc. (the licensee),
requested changes to the Renewed Facility Operating License No. NPF-29 for Grand Gulf Nuclear Station, Unit 1 (GGNS).
The amendment would make an administrative change to the name of South Mississippi Electric Power Association, one of the licensees for GGNS and the independent spent fuel storage installation (ISFSI). Effective November 1 O, 2016, South Mississippi Electric Power Association changed its company name from "South Mississippi Electric Power Association" to "Cooperative Energy, a Mississippi electric cooperative." The corporate name was changed for commercial reasons. The changes proposed herein to the GGNS renewed operating license solely reflects the changed licensee name. This name change is purely administrative in nature. This request does not involve a transfer of control or of an interest in the license.
2.0 REGULATORY EVALUATION
Title 10 of the Code of Federal Regulations (10 CFR) 50.80, "Transfer of licenses," states, in part:
(a) No license for a production or utilization facility (including, but not limited to, permits under this part and part 52 of this chapter, and licenses under parts 50 and 52 of this chapter), or any right thereunder, shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission gives its consent in writing.
NUREG-1577, Revision 1, "Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance" (ADAMS Accession No. ML013330264), states, in part:
The reviewer should treat applications involving changes of ownership, mergers, formation of holding companies, and other restructuring proposals that go beyond corporate name changes or internal reorganizations as potential transfers of licenses, directly or indirectly, through transfer of control of the license, as subject to section 50.80 review, and not merely subject to a section 50.90 license amendment review.... (A name change of a licensee that does not involve license transfer considerations under section 50.80 will be effected by a license amendment issued administratively under section 50.90.)
Section 140.20, "Indemnity agreements and liens," states that the Commission will execute and issue agreements of indemnity pursuant to the regulations in 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," or such other regulations as may be issued by the Commission.
3.0 TECHNICAL EVALUATION
On November 10, 2016, South Mississippi Electric Power Association changed its company name from "South Mississippi Electric Power Association" to "Cooperative Energy, a Mississippi electric cooperative." The licensee submitted the formal license amendment request (LAR) on March 29, 2017.
The U.S. Nuclear Regulatory Commission (NRC) relies on the state's authority in which a business entity is chartered to determine it a business' name change requires the dissolution of the original entity, or if the change in name is simply administrative in nature. Review of Title 77, Chapter 5, Article 5 "Electric Power Associations" of the Mississippi Code, specifically MS Code §77-5-215 (2016), "Amendment of certificate of incorporation," confirmed that the State of Mississippi requires neither a dissolution nor the creation of a new entity for a name change. Evidence of the certificate of amendment for the name change filed with the office of the Mississippi Secretary of State was provided as an attachment to the LAR. In support of the requested license amendment, the licensee stated, in part, in its LAR that: "The proposed amendments are purely administrative in nature. No physical changes will be made as a result of this name change, and there will be no changes to the operations of Grand Gulf. There will be no change to the technical capabilities, financial qualifications, rights or obligations of EOI
[Entergy Operations, Inc.], System Energy Resources, Inc., or Cooperative Energy, a Mississippi cooperative (formerly known as South Mississippi Electric Power Association) as a result of the name change. EOI will continue as the licensed operator of Grand Gulf, and au of the licensees' financial responsibilities for Grand Gulf, and their sources of funds to support the plant, will remain the same. Any necessary changes to Grand Gulf site documents will be administrative in nature." Therefore, this name change is administrative in nature and does not require an NRC license transfer review under 1 O CFR 50.80. Under 1 O CFR 50.80, no license or control of a license for a utilization facility may be transferred, directly or indirectly, to any entity unless the NRC consents in writing. However, licensee name changes do not, by themselves, constitute license transfers. The proposed change in licensee name does not involve the transfer of any control over the ownership of GGNS. As stated by the licensee:
"The corporate status of none of the Grand Gulf licenses [sic] has changed." The NRC staff has determined that there is no transfer of a license or of an interest in a license within the meaning of 10 CFR 50.80.
The name change does not impact the company's ability or responsibility to comply with any of its obligations under the Renewed Facility Operating License. The proposed changes do not alter any technical content of the license or involve any change in the qualifications of the licensee. The licensee confirmed that the name change will have no impact on the design, function, or operation of any plant structures, systems, or components nor the technical specifications. The current design basis and licensing basis will remain the same.
This conclusion is consistent with prior precedence where the NRC staff determined that a change in name, where there has not been a dissolution of the corporation or a transfer of ownership under state law, is allowable and does not require a license transfer review (ADAMS Accession Nos. ML15176A270 and ML092870647).
As part of the requested license amendment request, and pursuant to the requirements of The Price-Anderson Act {Section 170 of the Atomic Energy Act of 1954, as amended) and the NRC's implementing regulations at 10 CFR Part 140, the indemnity agreement for GGNS will need to be amended to account for the name change of Southern Mississippi Electric Power Association. The indemnity agreement amendment is provided hereto as additional enclosure.
In summary, the NRG staff finds that the proposed action is administrative in nature and that no substantive changes to the licensee's arrangements or ability to own, operate, or decommission GGNS will result from the name change. Additionally, since name changes are subject to the laws of the State of incorporation (in this instance, Mississippi), and the State of Mississippi does not require dissolution of the current corporation or the creation of a new business entity, the staff concludes that the name change did not involve any direct or indirect transfer of control of any license, which would warrant NRG approval pursuant to 1 O CFR 50.80. Therefore, the NRG staff further concludes that the change in licensee name from "South Mississippi Electric Power Association" to "Cooperative Energy, a Mississippi electric cooperative" is acceptable and that an indemnity agreement amendment will need to be executed to reflect this change.
4.0 STATE CONSULTATION
In accordance with the Commission's regulations, the State of Mississippi official was notified of the proposed issuance of the amendment on August 23, 2017. The State official had no comments.
5.0 ENVIRONMENTAL CONSIDERATION
The amendment relates to changes in recordkeeping, reporting, or administrative procedures or requirements, or changes in the licensee's permit holder's name, phone number, business ore-mail address, or changes in the format of the license or permit or otherwise make editorial corrective, or other minor revisions. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.
6.0 CONCLUSION
The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities wlll be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.
Principal Contributor: R. Murray, NRR Date: October 4, 2017
ENCLOSURE 3 AMENDMENT NO. 6 TO INDEMNITY AGREEMENT NO. B-72
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No. 50-416 AMENDMENT TO INDEMNITY AGREEMENT NO. B-72 AMENDMENT NO. 6 Effective October 4
, 2017, Indemnity Agreement No. 8~72, between Entergy Operations, Inc., System Energy Resources, Inc., South Mississippi Electric Power Association, and Entergy Mississippi, Inc. and the United States Nuclear Regulatory Commission, dated July 15, 1981, as amended, is hereby further amended as follows:
The name "South Mississippi Electric Power Association" is deleted wherever it appears in the agreement and is replaced by "Cooperative Energy, a Mississippi electric cooperative." (ADAMS Accession No. ML17093A729)
In light of the above, Indemnity Agreement No. B-72 is between "Entergy Operations, Inc.,"
"System Energy Resources, Inc.," "Cooperative Energy, a Mississippi electric cooperative," and Entergy Mississippi, Inc.," and the United States Nuclear Regulatory Commission.
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Anthony R. Bowers, Chief Financial Analysis and International Projects Branch Division of Inspection and Regional Support Office of Nuclear Reactor Regulation Accepted _________, 2017 By ____________ _
Entergy Operations, Inc.
By _____________ _
System Energy Resources, Inc.
By~---~--~~-,--,-~
Cooperative Energy, a Mississippi electric cooperative By ____________ _
Entergy Mississippi, Inc.
SUBJECT:
GRAND GULF NUCLEAR STATION, UNIT 1 - ISSUANCE OF AMENDMENT FOR ADMINISTRATIVE NAME CHANGE TO LICENSEE SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION (CAC NO. MF9588)
DATED OCTOBER 4, 2017 DISTRIBUTION:
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NAME SLingam PBlechman ABowers DATE 09/06/17 09/06/17 08/09/17 OFFICE NRR/DIRS/IOLB/BC OGC (NLO)
NRR/DORL/LPL4/BC NAME NSalgado JGillespie RPascarelli DATE 10/04/17 09/21/17 10/04/17 OFFICE NRR/DORL/LPL4/PM NAME Sling am DATE 10/04/17 OFFICIAL RECORD COPY