ML19164A157

Conforming Amendment Cover Letter

ML19164A157
Person / Time
Site:	Oyster Creek
Issue date:	07/01/2019
From:	Amy Snyder Division of Decommissioning, Uranium Recovery and Waste Programs
To:	Cowan P, Oneid P Holtec Decommissioning International, Holtec
Snyder A
Shared Package
ML19164A155	List: ML19164A156 ML19164A157
References
EA-19-070, EPID: L-2018-LLM-0002
Download: ML19164A157 (17)

Text

July 1, 2019 Pierre Paul Oneid Senior Vice President and Chief Nuclear Officer Holtec International Krishna P. Singh Technology Campus 1 Holtec Blvd.

Camden NJ 08104 Pamela B. Cowan Senior Vice President and Chief Operating Officer Holtec Decommissioning International, LLC Krishna P. Singh Technology Campus 1 Holtec Blvd.

Camden NJ 08104

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT RE: APPLICATION FOR ORDER APPROVING DIRECT TRANSFER OF RENEWED FACILITY OPERATING LICENSE AND INDEPENDENT SPENT FUEL STORAGE INSTALLATION GENERAL LICENSE AND CONFORMING AMENDMENT (EPID# L-2018-LLM-0002)

Dear Mr. Oneid and Ms. Cowan:

By order (Order) dated June 20, 2019 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML19095A458), the U.S. Nuclear Regulatory Commission, (NRC) approved the direct transfer of the Oyster Creek Nuclear Generating Station (Oyster Creek) Renewed Facility Operating License No. DPR-16, and the general license for the Oyster Creek Independent Spent Fuel Storage Installation (ISFSI) from Exelon Generation Company, LLC (Exelon) to Oyster Creek Environmental Protection, LLC (OCEP) as the licensed owner and to Holtec Decommissioning International, LLC (HDI) as the licensed decommissioning operator.

In the application dated August 31, 2018 (ADAMS Accession No. ML18243A489), Exelon, OCEP, and HDI requested that the NRC approve a conforming administrative amendment to the facility license to reflect the proposed direct transfer of the license from Exelon to OCEP as the licensed owner and to HDI as the licensed decommissioning operator.

On June 25, 2019, HDI provided satisfactory documentary evidence (ADAMS Accession No. ML19176A276) to the Directors of NRCs Office of Nuclear Material Safety and Safeguards (NMSS) and the Office of Nuclear Reactor Regulation (NRR) that OCEP and HDI have obtained the appropriate amount of insurance required of a licensee under Tilte 10 of the Code of Federal Regulations (10 CFR) Section 140.11(a)(4) and 10 CFR 50.54(w) of the Commissions

P. Oneid and P. Cowan 2 regulations, consistent with the exemptions (ADAMS Accession Nos. ML19129A366 and ML19129A102, respectively) issued to Oyster Creek on June 12, 2019.

In addition, on June 25, 2019, HDI informed the Directors of NMSS and NRR in writing (ADAMS Accession No. ML19176A276) of the expected date of closing (July 1, 2019) of the license transfer for Oyster Creek and the ISFSI. On July 1, 2019, Exelon informed the NRC that the transaction closed on July 1, 2019 (ADAMS ML19182A342).

Accordingly, the Commission has issued Amendment No. 297 to Renewed Facility Operating License No. DPR-16 for Oyster Creek (Enclosure 1). A copy of the related Safety Evaluation (ADAMS Accession No. ML19095A457) is enclosed with the letter dated June 20, 2019 (ADAMS Accession No. ML19095A463), approving the License Transfer and the conforming amendment. Notice of Issuance of the conforming amendment will be included in the Commissions biweekly Federal Register notice. to this letter contains four signed original copies of Amendment No. 19 to Indemnity Agreement No B-37 for OCEPs, HDIs, and Exelons signatures. We request you ensure that all parties sign the four originals and then return one of the signed originals to the NRCs Document Control Desk as proof of acceptance. Please keep the other signed original copies for each partys records.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

P. Oneid and P Cowan 3 If you have any questions regarding this letter or the enclosures, please contact Ms. Amy Snyder at (301) 415-6822 or by e-mail to amy.snyder@nrc.gov.

Sincerely,

/RA/

Amy M. Snyder, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos. 50-219 and 72-15

Enclosures:

1. Amendment No. 297 to DPR-16 (ML19164A156)

2. Four Signed Original Copies of Amendment No. 19 to Indemnity Amendment B-37 cc/without enclosures:

B.Hanson, Exelon D.Helker, Exelon L.Holden, Exelon Oyster Creek Listserv

P. Oneid and P Cowan 4

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT RE: APPLICATION FOR ORDER APPROVING DIRECT TRANSFER OF RENEWED FACILITY OPERATING LICENSE AND INDEPENDENT SPENT FUEL STORAGE INSTALLATION GENERAL LICENSE AND CONFORMING AMENDMENT (EPID# L-2018-LLM-0002)

DATE: July 1, 2019 DISTRIBUTION:

RidsRgn1MailCenter RidsOpaMailCenter RidsOcaMailCenter ABowers, NRR JLamb, NRR ZCruz, NMSS ADAMS Package Accession No.: ML19164A155 Pkg; Ltr ML19164A157; Amendment ML19164A156 EA-19-070 *via e-mail OFFICE DUWP/RDB/PM DUWP/LA DUWP/RDB/BC OGC NLO DUWP/DD NAME ASnyder SAchten BWatson A.Ghosh-Naber* JTappert DATE 6/14/19 6/14/19 6/16/19 06/28/19 7/1/19 OFFICE DUWP/RDB/PM NAME ASnyder DATE 07/01/19 OFFICIAL RECORD COPY

ENCLOSURE 1: Amendment No. 297 To DPR-16 (ADAMS Accession No. use ML19164156 signed amendment)

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC OYSTER CREEK ENVIRONMENTAL PROTECTION, LLC DOCKET NO. 50-219 OYSTER CREEK NUCLEAR GENERATING STATION AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 297 License No. DPR-16

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

A. The application for a license amendment filed by Exelon Generation Company, LLC, Oyster Creek Environmental Protection, LLC and Holtec Decommissioning International, LLC, dated August 31, 2018, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and applicable portions of the Commissions regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR) Chapter I, and all required notifications to other agencies or bodies have been duly made; B. The facility will operate in conformity with the application, as supplemented, 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 Commissions 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, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

2. Accordingly, Renewed Facility Operating License No. DPR-16 is amended as indicated in the attachment to this license amendment.

3. This license amendment is effective at the time the proposed direct license transfer is completed and shall be implemented within 30 days from that date.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

John R. Tappert, Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Changes to Renewed Facility Operating License No. DPR-16 Date of Issuance: July 1, 2019

ATTACHMENT TO LICENSE AMENDMENT NO. 297 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-16 DOCKET NO. 50-219 Replace the following pages of Renewed Facility Operating License No. DPR-16 and Appendix A, Technical Specifications, 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 No DPR-16 REMOVE INSERT first page revised first page Technical Specifications REMOVE INSERT title page revised title page NUREG-0488 REMOVE INSERT title page revised title page

OYSTER CREEK ENVIRONMENTAL PROTECTION, LLC AND HOLTEC DECOMMISSIONING INTERNATIONAL, LLC DOCKET NO. 50-219 OYSTER CREEK NUCLEAR GENERATING STATION RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-16

1. The Nuclear Regulatory Commission (the Commission) having previously made the findings set forth in License No. DPR-16, has now found that:

A. The application for a Renewed Facility Operating License No. DPR-16 filed by the applicant complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in 10 CFR Chapter I and all required notifications to other agencies or bodies have been duly made; B. DELETED C. Actions have been identified and have been or will be taken with respect to (1) managing the effects of aging during the term of this Renewed Facility Operating License No. DPR-16 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 the renewed operating 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; D. The facility will be maintained in conformity with the application, as amended; the provisions of the Act; and the rules and regulations of the Commission; E. There is reasonable assurance (i) that the activities authorized by this 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 rules and regulations set forth in 10 CFR Chapter I; F. Oyster Creek Environmental Protection, LLC (Oyster Creek Environmental Protection) is financially qualified and Holtec Decommissioning International, LLC (Holtec Decommissioning International) is financially and technically qualified to engage in the activities authorized by this license in accordance with the rules and regulations of the Commission; Renewed License No. DPR-16 Amendment No. 297

G. Oyster Creek Environmental Protection and Holtec Decommissioning International have satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations; H. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; I. The receipt, possession and use of source, byproduct, and special nuclear materials as authorized by this license will be in accordance with the Commissions regulations in 10 CFR Parts 30, 40, and 70; and J. The issuance of this license is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

2. Facility Operating License No. DPR-16, dated July 2, 1991, as amended, is superseded in its entirety by Renewed Facility Operating License No. DPR-16, hereby issued to Oyster Creek Environmental Protection and Holtec Decommissioning International, to read as follows:

A. This renewed license applies to the Oyster Creek Nuclear Generating Station, a boiling-water reactor and associated equipment (the facility), owned by Oyster Creek Environmental Protection and maintained and operated for decommissioning by Holtec Decommissioning International. The facility is located in Ocean County, New Jersey, 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:

(1) Holtec Decommissioning International pursuant to Section 104b of the Act and 10 CFR Part 50, to possess, maintain, and decommission Oyster Creek Nuclear Generating Station at the designated location on the Oyster Creek site in Ocean County, New Jersey, in accordance with the procedures and limitations set forth in this renewed license; (2) Oyster Creek Environmental Protection pursuant to Section 104b of the Act and 10 CFR Part 50, to possess Oyster Creek Nuclear Generating Station at the designated location on the Oyster Creek site in Ocean County, New Jersey, in accordance with the procedures and limitations set forth in this renewed license; (3) Holtec Decommissioning International pursuant to the Act and 10 CFR Part 70, to possess at any time special nuclear material that was used as reactor fuel, in accordance with the limitations for storage, as described in the Updated Final Safety Analysis Report, as supplemented and amended; Renewed License No. DPR-16 Amendment No. 297

(4) Holtec Decommissioning International pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source, or special nuclear materials as sealed neutron sources that were used for reactor startup, sealed sources that were used for calibration of reactor instrumentation and are used in radiation monitoring equipment, and as fission detectors in amounts as required; (5) Holtec Decommissioning International 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 materials without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) Holtec Decommissioning International pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate such byproduct, source, or special nuclear materials that were produced by the operation of the facility.

C. This 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) DELETED (2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 295, are hereby incorporated in the license. Holtec Decommissioning International shall possess, maintain, and decommission the facility in accordance with the Permanently Defueled Technical Specifications (PDTS).

(3) DELETED (4) Holtec Decommissioning International shall fully implement and maintain in effect all provisions of the Commission -approved physical security, training and qualification, 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, submitted by letter dated May 17, 2006, is entitled: Oyster Creek Nuclear Generating Station Security Plan , Training and Qualification Plan, and Safeguards Contingency Plan, Revision 5.

The set contains Safeguards Information protected under 10 CFR 73.21.

1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Renewed License No. DPR-16 Amendment No. 297

Holtec Decommissioning International shall fully implement and maintain in effect all provisions of the Commission-approved Exelon Generation Company 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. 280 and modified by License Amendment Nos. 288 and 292.

(5) DELETED (6) DELETED (7) DELETED (8) 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 (9) The licensee shall implement and maintain all Actions required by Attachment 2 to NRC Order EA-06-137, issued June 20, 2006, except the last action that requires incorporation of the strategies into the site security plan, contingency plan, emergency plan and/or guard training and qualification plan, as appropriate.

(10) DELETED (11) DELETED (12) DELETED (13) DELETED Renewed License No. DPR-16 Amendment No. 297

(14) DELETED (15) DELETED (16) License Renewal Commitments The UFSAR supplement, as revised, describes certain future activities to be completed prior to April 9, 2009, and during the term of this renewed operating license No. DPR-16. Holtec Decommissioning International shall complete these activities in accordance with Appendix A of NUREG-1875, Safety Evaluation Report Related to the License Renewal of Oyster Creek Generating Station, dated March 2007, as supplemented on September 19, 2008, and shall notify the NRC in writing when implementation of those activities required prior to April 9, 2009 are complete and can be verified by NRC inspection.

(17) Biological Opinion Within 30 days from the issuance date of the renewed license, Holtec Decommissioning International shall comply with the terms and conditions of the Incidental Take Statement associated with certain sea turtles in the Biological Opinion in effect or as subsequently issued by the National Marine Fisheries Service regarding operation of the facility.

D. DELETED E. DELETED F. 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.

3. Sale and License Transfer Conditions:

A. DELETED B. DELETED C. DELETED D. DELETED E. DELETED F. DELETED G. DELETED H. DELETED I. DELETED Renewed License No. DPR-16 Amendment No. 297

J. DELETED K. DELETED L. DELETED M. DELETED N. At the time of the closing of the transfer of Oyster Creek, and the respective license from Exelon Generation Company to Oyster Creek Environmental Protection and Holtec Decommissioning International, Exelon Generation Company shall transfer ownership and control of assets from the Oyster Creek Nuclear Generating Station Qualified Fund to the Oyster Creek Environmental Protection Qualified Nuclear Decommissioning Trust. Also at the time of closing, decommissioning funding assurance provided by Oyster Creek Environmental Protection, using a method allowed under 10 CFR 50.75, must be equal to or greater than the minimum amount calculated on that date pursuant to, and required by 10 CFR 50.75 for Oyster Creek. Furthermore, funds dedicated for Oyster Creek prior to closing shall remain dedicated to Oyster Creek following the closing.

4. This license is effective as of the date of issuance and is effective until the Commission notifies the licensee in writing that the license is terminated.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Bruce S. Mallett Deputy Executive Director for Reactor and Preparedness Programs Office of the Executive Director for Operations

Attachment:

Appendices A and B -

Technical Specifications Date of Issuance: April 8, 2009 Renewed License No. DPR-16 Amendment No. 297

Docket No. 50-219 October 1, 1986 APPENDIX A TO PROVISIONAL OPERATING LICENSE DPR-16*

TECHNICAL SPECIFICATIONS AND BASES FOR OYSTER CREEK NUCLEAR POWER PLANT UNIT NO. 1 OCEAN COUNTY, NEW JERSEY OYSTER CREEK ENVIRONMENTAL PROTECTION, LLC AND HOLTEC DECOMMISSIONING INTERNATIONAL, LLC

• Per Errata Sheet dated 4-6-69 Amendment No. 194, 210, 213, 297 Renewed License No. DPR-16 Amendment No. 297

NUREG-0488 APPENDIX B TO OPERATING LICENSE NO. DPR- 16 ENVIRONMENTAL TECHNICAL SPECIFICATIONS FOR OYSTER CREEK NUCLEAR GENERATING STATION DOCKET NO. 50-219 OCEAN COUNTY, NEW JERSEY OYSTER CREEK ENVIRONMENTAL PROTECTION, LLC AND HOLTEC DECOMMISSIONING INTERNATIONAL, LLC NOVEMBER 1978*

• Issued to the ASLB on this date; issued by License Amendment No. 37, June 6, 1979.

Amendment No. 59, 66, 107, 194, 207, 210, 213, 271, 297

ENCLOSURE 2:

Four Signed Original Copies of Amendment No. 19 to Indemnity Amendment B-37