ML20167A013

Correction of Amendments Nos. 304 & 249 License Amendment Request to Adopt NFPA-805 Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 EPID L-2018-LLA-0107

ML20167A013
Person / Time
Site:	Hatch
Issue date:	06/17/2020
From:	John Lamb Plant Licensing Branch II
To:	Gayheart C Southern Nuclear Operating Co
Lamb J
References
EPID L-2018-LLA-0107
Download: ML20167A013 (30)

Text

June 17, 2020 Ms. Cheryl A. Gayheart Regulatory Affairs Director Southern Nuclear Operating Co., Inc.

3535 Colonnade Parkway Birmingham, AL 35243

SUBJECT:

EDWIN I. HATCH NUCLEAR PLANT, UNITS 1 AND 2 - CORRECTION OF AMENDMENT NOS. 304 AND 249 RE: LICENSE AMENDMENT REQUEST TO ADOPT NFPA-805 PERFORMANCE-BASED STANDARD FOR FIRE PROTECTION FOR LIGHT WATER REACTOR ELECTRIC GENERATING PLANTS (2001 EDITION) (EPID L-2018-LLA-0107)

Dear Ms. Gayheart:

On June 11, 2020, the U.S. Nuclear Regulatory Commission (NRC) issued Amendment Nos. 304 and 249 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML20066F592) to Renewed Facility Operating Licenses (RFOLs) DPR-57 and NPF-5 for the Edwin I. Hatch Nuclear Plant (Hatch), Units 1 and 2, respectively.

The amendments transition the Hatch Fire Protection Program from Title 10 of the Code of Federal Regulations (10 CFR), Sections 50.48(a) and (b), to 10 CFR 50.48(c), National Fire Protection Association (NFPA) 805, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition.

The NRC staff has confirmed that the RFOL pages for Amendment Nos. 304 and 249 for Hatch, Units 1 and 2, contained a typographical error for the date of the Safety Evaluation (SE). The stated date in the RFOL pages was June 10, 2020, instead of the correct date of June 11, 2020.

There is also an error in Section 3.4.1, Maintaining Defense-in-Depth, of the safety evaluation (SE). The SE states:

The licensee stated that for [defense-in-depth] DID, it defined potentially risk-significant to be:

A scenario with a CDF > 1x10-7 per year and/or LERF > 1x10-8 per year, or A scenario with a CDF between 1x10-6 and 1x10-8 per year or LERF between 1x10-7 and 1x10-9 per year, and where DID Echelon 1 and 2 attributes are causing a significant reduction in risk, or A scenario with a conditional core damage probability (CCDP) > 8x10-2 to 1.0 and/or 7x10-2 to 1.0.

C. Gayheart The correct replacement for the SE is the following:

The licensee stated that for DID, it defined potentially risk-significant to be:

A scenario with a CDF > 1x10-6 per year and/or LERF > 1x10-7 per year, or A scenario with a CDF between 1x10-6 and 1x10-8 per year or LERF between 1x10-7 and 1x10-9 per year, and where DID Echelon 1 and 2 attributes are causing a significant reduction in risk, or A scenario with a conditional core damage probability (CCDP) > 1x10-1 Therefore, consistent with NRC staff guidance dated January 16, 1997 (ADAMS Accession No. ML103260096), based on the NRCs policy established by SECY-96-238, these errors can be corrected by a letter to the licensee from the NRC staff.

Enclosed please find the corrected Hatch, Units 1 and 2, RFOL pages. This correction does not change any of the conclusions in the SE associated with Amendment Nos. 304 and 249.

If you have any questions, please contact me at 301-415-3100 or John.Lamb@nrc.gov.

Sincerely,

/RA/

John G. Lamb, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos.: 50-321 and 50-366

Enclosure:

As stated cc: Listserv

ML20167A013 *via e-mail OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-1/LA NRR/DORL/LPL2-1/BC NRR/DORL/LPL2-1/PM NAME JLamb KGoldstein* MMarkley (EMiller for)* JLamb DATE 6/12/2020 06/16/2020 6/17/2020 6/17/2020 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SOUTHERN NUCLEAR OPERATING COMPANY, INC.

GEORGIA POWER COMPANY OGLETHORPE POWER CORPORATION MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA CITY OF DALTON, GEORGIA DOCKET NO. 50-321 EDWIN I. HATCH NUCLEAR PLANT, UNIT NO. 1 RENEWED FACILITY OPERATING LICENSE DPR-57 Renewed License No. DPR-57

1. The U.S. Nuclear Regulatory Commission (the Commission), having previously made the findings set forth in License No. DPR-57 issued on August 6, 19741, has now reached the following findings:

A. The application to renew License No. DPR-57, filed by Southern Nuclear Operating Company, Inc., on behalf of Georgia Power Company, the Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, 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. 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

1. Following the initial filling of the application for license, Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, became co-owners with Georgia Power Company (GPC) of the Edwin I. Hatch Nuclear Plant, Unit 1, and together are hereinafter referred to as the Owners.

Renewed License No. DPR-57

been identified to require review under 10 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 Edwin I. Hatch Nuclear Plant, Unit 1, and any changes made to the plants current licensing basis in order to comply with 10 CFR 54.29(a) are in accord with the Act and the Commissions regulations.

C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

D. There is reasonable assurance that (1) the activities authorized by this renewed license can be conducted without endangering the health and safety of the public, and (2) such activities will be conducted in compliance with the rules and regulations of the Commission.

E. Southern Nuclear Operating Company, Inc.2 (herein called Southern Nuclear), is technically qualified and, together, Southern Nuclear and the Owners are financially qualified to engage in the activities authorized by this renewed license in accordance with the rules and regulations of the Commission.

F. The Owners have satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations.

G. The renewal of this operating license will not be inimical to the common defense and security or the health and safety of the public.

H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental costs, and considering available alternatives, the Commission concludes that the issuance of this Renewed Facility Operating License No. DPR-57 is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

I. The receipt, possession, and use of source, byproduct, and special nuclear material, as authorized by this renewed license, will be in accordance with the Commissions regulations in 10 CFR Parts 30, 40 and 70, including 10 CFR Sections 30.33, 40.32, 70.23, and 70.31.

2. Southern Nuclear Operating Company, Inc. succeeds Georgia Power Company as operator of the Edwin I. Hatch Nuclear Plant, Unit 1. Southern Nuclear is authorized by the Owners to exercise exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Renewed License No. DPR-57

2. On the basis of the foregoing findings regarding this facility, Facility Operating License No. DPR-57, issued on October 13, 1974, is superseded by Renewed Facility Operating License No. DPR-57, which is hereby issued to Southern Nuclear Operating Company, Inc., and the Owners, to read as follows:

A. This renewed license applies to the Edwin I. Hatch Nuclear Plant, Unit No. 1, a direct-cycle, boiling-water reactor and associated equipment (the facility), owned by Georgia Power Company, the Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, and operated by Southern Nuclear. The facility is located 11 miles north of Baxley, in Appling County, Georgia, and is described in the Updated Final Safety Analysis Report, as supplemented and amended, and the Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses the following:

(1) Southern Nuclear, pursuant to Section 104b of the Act and 10 CFR Part 50, to possess, manage, use, maintain, and operate the facility at the designated location in Appling County, Georgia, in accordance with the procedures and limitations set forth in this renewed license (2) Georgia Power Company, the Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, pursuant to Section 104b of the Act and 10 CFR Part 50, to possess, but not operate, the facility at the designated location in Appling County, Georgia, in accordance with the procedures and limitations set forth in this license (3) Southern Nuclear, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Updated Final Safety Analysis Report, as supplemented and amended (4) Southern Nuclear, 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 fission detectors in amounts as required (5) Southern Nuclear, 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, Renewed License No. DPR-57

for sample analysis or instrument calibration, or associated with radioactive apparatus or components (6) Southern Nuclear, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed license shall be deemed to contain, and is subject to, the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Section 50.54 of Part 50, and Section 70.32 of Part 70; all applicable provisions of the Act and the rules, regulations, and orders of the Commission now or hereafter in effect; and the additional conditions specified or incorporated below:

(1) Maximum Power Level Southern Nuclear is authorized to operate the facility at steady-state reactor core power levels not in excess of 2,804 megawatts thermal.

(2) Technical Specifications The Technical Specifications (Appendix A) and the Environmental Protection Plan (Appendix B), as revised through Amendment No. 304, are hereby incorporated in the renewed license. Southern Nuclear shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

The Surveillance Requirement (SR) contained in the Technical Specifications and listed below, is not required to be performed immediately upon implementation of Amendment No. 195. The SR listed below shall be successfully demonstrated before the time and condition specified:

SR 3.8.1.18 shall be successfully demonstrated at its next regularly scheduled performance.

(3) Fire Protection Southern Nuclear Operating Company shall implement and maintain effect all provisions of the approved fire protection program that comply with 10 CFR 50.48(a) and 10 CFR 50.48(c), as specified in the licensee amendment request dated April 4, 2018, supplemented by letters dated May 28, August 9, October 7, and December 13, 2019, and February 5, and March 13, 2020, and as approved in the NRC safety evaluation (SE) dated June 11, 2020. Except where NRC approval for changes or deviations is required by 10 CFR 50.48(c), and provided no other regulation, technical specification, license condition or requirement would require prior NRC approval, the licensee may make changes to the fire protection program without prior approval of the Commission if those changes satisfy the provisions set forth in 10 CFR 50.48(a) and 10 CFR 50.48(c), the change does not require a change to a technical specification or a license condition, and the criteria listed below are satisfied.

Renewed License No. DPR-57 Amendment No. 304

(a) Risk-Informed Changes that May Be Made Without Prior NRC Approval A risk assessment of the change must demonstrate that the acceptance criteria below are met. The risk assessment approach, methods, and data shall be acceptable to the NRC and shall be appropriate for the nature and scope of the change being evaluated; be based on the as-built, as-operated, and maintained plant; and reflect the operating experience at the plant. Acceptable methods to assess the risk of the change may include methods that have been used in the peer-reviewed fire PRA model, methods that have been approved by NRC through a plant-specific license amendment or NRC approval of generic methods specifically for use in NFPA 805 risk assessments, or methods that have been demonstrated to bound the risk impact.

(1) Prior NRC review and approval is not required for changes that clearly result in a decrease in risk. The proposed change must also be consistent with the defense in-depth philosophy and must maintain sufficient safety margins. The change may be implemented following completion of the plant change evaluation.

(2) Prior NRC review and approval is not required for individual changes that result in a risk increase less than 1x10-7/year (yr) for CDF and less than 1x10-8/yr for LERF. The proposed change must also be consistent with the defense-in-depth philosophy and must maintain sufficient safety margins. The change may be implemented following completion of the plant change evaluation.

(b) Other Changes that May Be Made Without Prior NRC Approval (1) Changes to NFPA 805, Chapter 3, Fundamental Fire Protection Program Prior NRC review and approval are not required for changes to the NFPA 805, Chapter 3, fundamental fire protection program elements and design requirements for which an engineering evaluation demonstrates that the alternative to the Chapter 3 element is functionally equivalent or adequate for the hazard.

The licensee may use an engineering evaluation to demonstrate that a change to an NFPA 805, Chapter 3, element is functionally equivalent to the corresponding technical requirement. A qualified fire protection engineer shall perform the engineering evaluation and conclude that the change has not affected the component, system, procedure, or physical arrangement functionality using a relevant technical requirement or standard.

The licensee may use an engineering evaluation to demonstrate that changes to certain NFPA 805, Chapter 3, elements are Renewed License No. DPR-57 Amendment No. 304

acceptable because the alternative is adequate for the hazard.

Prior NRC review and approval would not be required for alternatives to four specific sections of NFPA 805, Chapter 3, for which an engineering evaluation demonstrates that the alternative to the Chapter 3 element is adequate for the hazard.

A qualified fire protection engineer shall perform the engineering evaluation and conclude that the change has not affected the component, system, procedure, or physical arrangement functionality using a relevant technical requirement or standard.

The four specific sections of NFPA 805, Chapter 3, are:

Fire Alarm and Detection Systems (Section 3.8);

Automatic and Manual Water-Based Fire Suppression Systems (Section 3.9);

Gaseous Fire Suppression Systems (Section 3.10); and, Passive Fire Protection Features (Section 3.11).

This License Condition does not apply to any demonstration of equivalency under Section 1.7 of NFPA 805.

(2) Fire Protection Program Changes that Have No More than Minimal Risk Impact Prior NRC review and approval are not required for changes to the licensees fire protection program that have been demonstrated to have no more than a minimal risk impact. The licensee may use its screening process as approved in NRC SE dated June 11, 2020, to determine that certain fire protection program changes meet the minimal criterion. The licensee shall ensure that fire protection defense-in-depth and safety margins are maintained when changes are made to the fire protection program.

(c) Transition License Conditions (1) Before achieving full compliance with 10 CFR 50.48(c), as specified by (2) and (3) below, risk-informed changes to the licensees fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in (b)(2) above.

(2) The licensee shall implement the modifications described in Attachment S2, Table S-2, Plant Modifications Committed, of SNC letter NL-19-1475, dated December 13, 2019, to its facility to complete transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage (for each unit) after the issuance of the NRC SE. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications.

Renewed License No. DPR-57 Amendment No. 304

(3) The licensee shall implement the items as listed in Attachment S2, Table S-3, Implementation Items, of SNC letter NL-19-1475, dated December 13, 2019, within 365 days after the issuance of the NRC SE. An exception to this statement is for the completion date for Implementation Item IMP-19. This item will be completed for each unit at a time not to exceed 180 days after all modifications for the respective unit (as listed in Attachment S2, Table S-2) are operable.

(4.a) Physical Protection Southern Nuclear 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 to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plan is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, with revisions submitted through May 15, 2006.

Southern Nuclear shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The Southern Nuclear CSP was approved by License Amendment No. 265, as supplemented by a change approved by License Amendment No. 274.

(4.b) 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 Renewed License No. DPR-57 Amendment No. 304

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 (4.c) 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.

(5) FSAR Supplement The licensees Final Safety Analysis Report Supplement, dated September 5, 2001, shall be included in the next Updated Final Safety Evaluation Analysis Report update, required by 10 CFR 50.71(e).

(6) Safety Analysis Report The licensees Final Safety Analysis Report Supplement, dated September 5, 2001, submitted pursuant to 10 CFR 54.21(d), describes certain future inspection activities to be completed before the period of extended operations begins. The licensee shall complete those activities no later than August 6, 2014.

(7) Integrated Surveillance Program The licensee shall implement a staff-approved reactor vessel integrated surveillance program for the extended period of operation which satisfies the requirements of 10 CFR Part 54. Such a program will be implemented through a staff-approved Boiling Water Reactor Vessel and Internals Project program or through a staff-approved plant-specific program. The plant-specific program, if needed, will be developed in a manner that is consistent with other aging management programs, will include consideration of the 10 program attributes utilized for other aging management programs, and will provide a technical justification for any program attribute not covered by the plant-specific surveillance material testing program. The plant-specific program, if needed, will include the following actions:

(a) Capsules will periodically be removed to determine the rate of embrittlement.

(b) Capsules will be removed at neutron fluence levels that provide relevant data for assessing the integrity of the Plant Hatch, Unit 1 reactor pressure vessel (in particular, for the determination of Renewed License No. DPR-57 Amendment No. 304

reactor pressure vessel pressure-temperature limits through the period of extended operation).

(c) Capsules will contain material to monitor the impact of irradiation on the Plant Hatch Unit 1 reactor pressure vessel and will contain dosimetry to monitor neutron fluence.

Before the renewal term begins, the licensee will notify the NRC of its decision to implement the integrated surveillance program or a plant-specific program, and provide the appropriate revisions to the Updated Final Safety Analysis Report Supplement summary descriptions of the vessel surveillance material testing program.

(8) Design Bases Accident Radiological Consequences Analyses Southern Nuclear is authorized to credit administering potassium iodide to reduce the 30 day post-accident thyroid radiological dose to the operators in the main control room until May 31, 2012. Should design basis changes be completed rendering the crediting of potassium iodide no longer necessary prior to May 31, 2012, Southern Nuclear will remove the crediting of potassium iodide from the design basis accident radiological consequences analyses (reference Unit 2 FSAR paragraph 15.3.3.4.2.2) in the next Updated Final Safety Analysis Report as required by 10 CFR 50.71(e).

(9) Alternative Source Term

1) Southern Nuclear Operating Company, Inc (SNC, the licensee) shall complete actions by April 30, 2010, as described in SNCs letters dated October 18, 2007, and March 13, 2008, to complete the design modifications to the HNP turbine building ventilation exhaust systems. Specifically, the HNP Units 1 and 2 turbine building exhaust fans shall be capable of being manually switched over from normally operating power supplies, to a Class 1E circuit that will be isolated by an appropriately rated safety related, environmentally and seismically qualified circuit breaker. For further protection and isolation, the licensee shall also use fuses that will be located in a seismically qualified manual transfer switch housing. The aforementioned circuit breaker and fuses shall be adequately coordinated with the upstream load center breaker over the entire range. These devices shall be adequately rated to prevent adverse effects of a fault to the rest of the distribution system.

2) SNC shall implement modifications by May 31, 2010, as described in Enclosure 1, section 2.7.3.2, of the LAR and section 5.7 of SNCs letter dated February 25, 2008 (NL 08-0175) to modify the design for the air supply to the turbine building exhaust ventilation dampers, such that operating air to the dampers will be supplied from a non-interruptible Renewed License No. DPR-57 Amendment No. 304

instrument air source to eliminate single failure point vulnerability to loss of system/instrument air.

3) SNC shall complete actions by May 31, 2010, as described in SNCs letter dated February 25, 2008 (NL-08-0175) to install and implement the capability for Standby Liquid Control System hand switch jumpers for HNP Units 1 and 2.

4) SNC shall complete actions by May 31, 2012 for HNP Unit 1, as described in SNCs letters dated February 25, 2008 (NL-08-0175) and July 2, 2008 (NL-08-1022), to modify the following Main Steam Isolation Valve alternate leakage treatment boundary valves, such that they can be closed in the event of a loss of offsite power without requiring local operation:

1N38-F101A, 1N38-F101B, 1N33-F012, 1N33-F013

5) SNC shall implement actions by May 31, 2010, as described in SNCs letter dated February 27, 2008, to assure that temperature switches which monitor charcoal bed temperature meet the environmental qualification requirements of 10 CFR 50.49.

(10) TSTF-448, Control Room Habitability Upon implementation of the Amendments adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage as required by SR 3.7.4.4, in accordance with TS 5.5.14.c.(i), the assessment of CRE habitability as required by Specification 5.5.14.c.(ii), and the measurement of CRE pressure as required by Specification 5.5.14.d, shall be considered met.

Following implementation:

a. The first performance of SR 3.7.4.4, in accordance with Specification 5.5.14.c.(i), shall be within the next 18 months.

b. The first performance of the periodic assessment of CRE habitability, Specification 5.5.14.c.(ii), shall be within 3 years, plus the 9-month allowance of SR 3.0.2, of the next successful tracer gas test.

Renewed License No. DPR-57 Amendment No. 304

c. The first performance of the periodic measurement of CRE pressure, Specification 5.5.14.d, shall be within 24 months, plus the 6 months allowed by SR 3.0.2, from the date of the most recent successful pressure measurement test.

D. Southern Nuclear shall not market or broker power or energy from Edwin I. Hatch Nuclear Plant, Unit 1.

3. This renewed license is effective as of the date of issuance and shall expire at midnight, August 6, 2034.

FOR THE U.S. NUCLEAR REGULATORY COMMISSION Samuel J. Collins, Director Office of Nuclear Reactor Regulation Attachments:

Appendix A - Technical Specifications Appendix B - Environmental Protection Plan Date of Issuance: January 15, 2002 Renewed License No. DPR-57 Amendment No. 304

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SOUTHERN NUCLEAR OPERATING COMPANY, INC.

GEORGIA POWER COMPANY OGLETHORPE POWER CORPORATION MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA CITY OF DALTON, GEORGIA DOCKET NO. 50-366 EDWIN I. HATCH NUCLEAR PLANT, UNIT NO. 2 RENEWED FACILITY OPERATING LICENSE NPF-5 Renewed License No. NPF-5

2. The U.S. Nuclear Regulatory Commission (the Commission), having previously made the findings set forth in License No. NPF-5 issued on June 13, 1978, has now reached the following findings:

A. The application to renew License No. NPF-5, filed by Southern Nuclear Operating Company, Inc., on behalf of Georgia Power Company, the Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, 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. 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 10 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 Edwin I. Hatch Nuclear Plant, Unit 2, and any changes made to the plants current licensing basis in order to comply with 10 CFR 54.29(a) are in accord with the Act and the Commissions regulations.

C. The facility requires exemptions from certain requirements of (1) 10 CFR 50.55a(g)(2) and (2) Appendices G and H to 10 CFR Part 50. These exemptions are described in the safety evaluations supporting the granting of Renewed License No. NPF-5

these exemptions, prepared by the NRCs Office of Nuclear Reactor Regulation, which were enclosed with the letter transmitting the original license, dated June 13, 1978. These exemptions were granted. With these exemptions, the facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

D. There is reasonable assurance that (1) the activities authorized by this renewed license can be conducted without endangering the health and safety of the public, and (2) such activities will be conducted in compliance with the rules and regulations of the Commission.

E. Southern Nuclear Operating Company, Inc.1 (herein called Southern Nuclear), is technically qualified and, together, Southern Nuclear and the Owners, are financially qualified to engage in the activities authorized by this renewed license in accordance with the rules and regulations of the Commission.

F. The Owners have satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations.

G. The renewal of this operating 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 costs, and considering available alternatives, the Commission concludes that the issuance of this Renewed Facility Operating License No. NPF-5 subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

I. The receipt, possession, and use of source, byproduct, and special nuclear material, as authorized by this renewed license, will be in accordance with the Commissions regulations in 10 CFR Parts 30, 40 and 70, including 10 CFR Sections 30.33, 40.32, 70.23, and 70.31.

1. Southern Nuclear Operating Company, Inc. succeeds Georgia Power Company as operator of the Edwin I.

Hatch Nuclear Plant, Unit 2. Southern Nuclear is authorized by the Owners to exercise exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.

Renewed License No. NPF-5

2. On the basis of the foregoing findings regarding this facility, Facility Operating License No.

NPF-5, issued on June 13, 1978, is superseded by Renewed Facility Operating License No. NPF-5, which is hereby issued to Southern Nuclear Operating Company, Inc., and the Owners, to read as follows:

D. This renewed license applies to the Edwin I. Hatch Nuclear Plant, Unit No. 2, a boiling-water reactor and associated equipment (the facility), owned by Georgia Power Company, the Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, and operated by Southern Nuclear. The facility is located in Appling County, Georgia, and is described in the Updated Final Safety Analysis Report, as supplemented and amended, and the Environmental Report, as supplemented and amended.

E. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses the following:

(1) Southern Nuclear, pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, manage, use, maintain, and operate the facility at the designated location in Appling County, Georgia, in accordance with the procedures and limitations set forth in this renewed license (2) Georgia Power Company, the Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, but not operate, the facility at the designated location in Appling County, Georgia, in accordance with the procedures and limitations set for in this license (3) Southern Nuclear, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Updated Final Safety Analysis Report, as supplemented and amended (4) Southern Nuclear, 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 fission detectors in amounts as required (5) Southern Nuclear, 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 Renewed License No. NPF-5

(6) Southern Nuclear, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

F. This renewed license shall be deemed to contain, and is subject to, the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Section 50.54 of Part 50, and Section 70.32 of Part 70; all applicable provisions of the Act and the rules, regulations, and orders of the Commission now or hereafter in effect; and the additional condition2 specified or incorporated below:

(1) Maximum Power Level Southern Nuclear is authorized to operate the facility at steady-state reactor core power levels not in excess of 2,804 megawatts thermal, in accordance with the conditions specified herein.

(2) Technical Specifications The Technical Specifications (Appendix A) and the Environmental Protection Plan (Appendix B), as revised through Amendment No. 249, are hereby incorporated in the renewed license. Southern Nuclear shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Additional Conditions The matters specified in the following conditions shall be completed to the satisfaction of the Commission within the stated time periods following the issuance of the renewed license or within the operational restrictions indicated. The removal of these conditions shall be made by an amendment to the license supported by a favorable evaluation by the Commission.

(a) Fire Protection Southern Nuclear Operating Company shall implement and maintain in effect all provisions of the approved fire protection program that comply with 10 CFR 50.48(a) and 10 CFR 50.48(c),

as specified in the licensee amendment request dated April 4, 2018, supplemented by letters dated May 28, August 9, October 7, and December 13, 2019, and February 5, and March 13, 2020, and as approved in the NRC safety evaluation (SE) dated June 11, 2020.

Except where NRC approval for changes or deviations is required by 10 CFR 50.48(c), and provided no other regulation, technical specification, license condition or requirement would

2. The original licensee authorized to possess, use, and operate the facility was Georgia Power Company (GPC). Consequently, certain historical references to GPC remain in certain license conditions.

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require prior NRC approval, the licensee may make changes to the fire protection program without prior approval of the Commission if those changes satisfy the provisions set forth in 10 CFR 50.48(a) and 10 CFR 50.48(c), the change does not require a change to a technical specification or a license condition, and the criteria listed below are satisfied.

(1) Risk-Informed Changes that May Be Made Without Prior NRC Approval A risk assessment of the change must demonstrate that the acceptance criteria below are met. The risk assessment approach, methods, and data shall be acceptable to the NRC and shall be appropriate for the nature and scope of the change being evaluated; be based on the as-built, as-operated, and maintained plant; and reflect the operating experience at the plant. Acceptable methods to assess the risk of the change may include methods that have been used in the peer-reviewed fire PRA model, methods that have been approved by NRC through a plant-specific license amendment or NRC approval of generic methods specifically for use in NFPA 805 risk assessments, or methods that have been demonstrated to bound the risk impact.

a) Prior NRC review and approval is not required for changes that clearly result in a decrease in risk. The proposed change must also be consistent with the defense in-depth philosophy and must maintain sufficient safety margins. The change may be implemented following completion of the plant change evaluation.

b) Prior NRC review and approval is not required for individual changes that result in a risk increase less than 1x10-7/year (yr) for CDF and less than 1x10-8/yr for LERF. The proposed change must also be consistent with the defense-in-depth philosophy and must maintain sufficient safety margins. The change may be implemented following completion of the plant change evaluation.

(2) Other Changes that May Be Made Without Prior NRC Approval a) Changes to NFPA 805, Chapter 3, Fundamental Fire Protection Program Prior NRC review and approval are not required for changes to the NFPA 805, Chapter 3, fundamental fire protection program elements and design requirements for which an engineering evaluation demonstrates that the alternative to the Chapter 3 element is functionally equivalent or adequate for the hazard. The licensee may use an engineering evaluation to demonstrate that a change to an NFPA 805, Renewed License No. NPF-5 Amendment No. 249

Chapter 3, element is functionally equivalent to the corresponding technical requirement. A qualified fire protection engineer shall perform the engineering evaluation and conclude that the change has not affected the component, system, procedure, or physical arrangement functionality using a relevant technical requirement or standard.

The licensee may use an engineering evaluation to demonstrate that changes to certain NFPA 805, Chapter 3, elements are acceptable because the alternative is adequate for the hazard. Prior NRC review and approval would not be required for alternatives to four specific sections of NFPA 805, Chapter 3, for which an engineering evaluation demonstrates that the alternative to the Chapter 3 element is adequate for the hazard. A qualified fire protection engineer shall perform the engineering evaluation and conclude that the change has not affected the component, system, procedure, or physical arrangement functionality using a relevant technical requirement or standard. The four specific sections of NFPA 805, Chapter 3, are:

Fire Alarm and Detection Systems (Section 3.8);

Automatic and Manual Water-Based Fire Suppression Systems (Section 3.9);

Gaseous Fire Suppression Systems (Section 3.10); and, Passive Fire Protection Features (Section 3.11).

This License Condition does not apply to any demonstration of equivalency under Section 1.7 of NFPA 805.

b) Fire Protection Program Changes that Have No More than Minimal Risk Impact Prior NRC review and approval are not required for changes to the licensees fire protection program that have been demonstrated to have no more than a minimal risk impact.

The licensee may use its screening process as approved in NRC SE dated June 11, 2020, to determine that certain fire protection program changes meet the minimal criterion. The licensee shall ensure that fire protection defense-in-depth and safety margins are maintained when changes are made to the fire protection program.

(3) Transition License Conditions a) Before achieving full compliance with 10 CFR 50.48(c), as specified by (b) and (c) below, risk-informed changes to the Renewed License No. NPF-5 Amendment No. 249

licensees fire protection program may not be made without prior NRC review and approval unless the change has been demonstrated to have no more than a minimal risk impact, as described in (2)(b) above.

b) The licensee shall implement the modifications described in Attachment S2, Table S-2, Plant Modifications Committed, of SNC letter NL-19-1475, dated December 13, 2019, to its facility to complete transition to full compliance with 10 CFR 50.48(c) by the startup of the second refueling outage (for each unit) after the issuance of the NRC SE. The licensee shall maintain appropriate compensatory measures in place until completion of these modifications.

c) The licensee shall implement the items as listed in Attachment S2, Table S-3, Implementation Items, of SNC letter NL-19-1475, dated December 13, 2019, within 365 days after the issuance of the NRC SE. An exception to this statement is for the completion date for Implementation Item IMP-19. This item will be completed for each unit at a time not to exceed 180 days after all modifications for the respective unit (as listed in Attachment S2, Table S-2) are operable.

(b.1) Physical Protection Southern Nuclear 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 plan is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, with revisions submitted through May 15, 2006.

Southern Nuclear shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP),

including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The Southern Nuclear CSP was approved by License Amendment No. 209, as supplemented by a change approved by License Amendment No. 219.

Renewed License No. NPF-5 Amendment No. 249

(b.2) 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 (b.3) 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.

(c) FSAR Supplement The licensees Final Safety Analysis Report Supplement dated September 5, 2001, shall be included in the next Updated Final Safety Analysis Report update, required by 10 CFR 50.71(e).

(d) Safety Analysis Report The licensees Final Safety Analysis Report Supplement dated September 5, 2001, submitted pursuant to 10 CFR 54.21(d),

describes certain future inspection activities to be completed before the period of extended operations begins. The licensee shall complete those activities no later than June 13, 2018.

(e) Integrated Surveillance Program The licensee shall implement a staff-approved reactor vessel integrated surveillance program for the extended period of Renewed License No. NPF-5 Amendment No. 249

operation which satisfies the requirements of 10 CFR Part 54.

Such a program will be implemented through a staff-approved Boiling Water Reactor Vessel Internals Project program or through a staff-approved plant-specific program. The plant-specific program, if needed, will be developed in a manner consistent with other aging management programs, will include consideration of the 10 program attributes utilized for other aging management programs, and will provide a technical justification for any program attribute not covered by the plant-specific surveillance material testing program. The plant-specific program, if needed, will include the following actions:

i. Capsules will periodically be removed to determine the rate of embrittlement.

ii. Capsules will be removed at neutron fluence levels that provide relevant data for assessing the integrity of the Plant Hatch Unit 2 reactor pressure vessel (in particular, for the determination of reactor pressure vessel pressure-temperature limits through the period of extended operation).

iii. Capsules will contain material to monitor the impact of irradiation on the Plant Hatch Unit 2 reactor pressure vessel and will contain dosimetry to monitor neutron fluence.

Before the renewal term begins, the licensee will notify the NRC of its decision to implement the integrated surveillance program or a plant-specific program, and provide the appropriate revisions to the Updated Final Safety Analysis Report Supplement summary descriptions of the vessel surveillance material testing program.

(f) Design Bases Accident Radiological Consequences Analyses Southern Nuclear is authorized to credit administering potassium iodide to reduce the 30 day post-accident thyroid radiological dose to the operators in the main control room until May 31, 2011. Should design basis changes be completed rendering the crediting of potassium iodide no longer necessary prior to May 31, 2011, Southern Nuclear will remove the crediting of potassium iodide from the design basis accident radiological consequences analyses (reference Unit 2 FSAR paragraph 15.3.3.4.2.2) in the next Updated Final Safety Analysis Report update as required by 10 CFR 50.71(e).

(g) Alternative Source Term i) Southern Nuclear Operating Company, Inc (SNC, the licensee) shall complete actions by April 30, 2010, as described in SNCs letters dated October 18, 2007, and March 13, 2008, to complete the design modifications to the HNP turbine building ventilation exhaust systems. Specifically, the HNP Units 1 and 2 turbine building exhaust fans shall be Renewed License No. NPF-5 Amendment No. 249

capable of being manually switched over from normally operating power supplies, to a Class -1E circuit that will be isolated by an appropriately rated safety related, environmentally and seismically qualified circuit breaker. For further protection and isolation, the licensee shall also use fuses that will be located in a seismically qualified manual transfer switch housing. The aforementioned circuit breaker and fuses shall be adequately coordinated with the upstream load center breaker over the entire range. These devices shall be adequately rated to prevent adverse effects of a fault to the rest of the distribution system.

ii) SNC shall implement modifications by May 31, 2010, as described in Enclosure 1, section 2.7.3.2, of the LAR and section 5.7 of SNCs letter dated February 25, 2008, (NL 08-0175) to modify the design for the air supply to the turbine building exhaust ventilation dampers, such that operating air to the dampers will be supplied from a non-interruptible instrument air source to eliminate single failure point vulnerability to loss of system/instrument air.

iii) SNC shall complete actions by May 31, 2010, as described in SNCs letter dated February 25, 2008 (NL-08-0175) to install and implement the capability for Standby Liquid Control System hand switch jumpers for HNP Units 1 and 2.

iv) SNC shall complete actions by May 31, 2011, for HNP Unit 2, as described in SNCs letters dated February 25, 2008 (NL 0175) and July 2, 2008 (NL-08-1022), to modify the following Main Steam Isolation Valve alternate leakage treatment boundary valves, such that they can be closed in the event of a loss of offsite power without requiring local operation:

2N11-F004A, 2N11-F004B, 2N33-F003, 2N33-F004 v) SNC shall implement actions by May 31, 2010, as described in SNCs letter dated February 27, 2008, to assure that temperature switches which monitor charcoal bed temperature meet the environmental qualification requirements of 10 CFR 50.49.

Renewed License No. NPF-5 Amendment No. 249

(h) TSTF-448 Control Room Habitability Upon implementation of the Amendments adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage as required by SR 3.7.4.4, in accordance with TS 5.5.14.c.(i), the assessment of CRE habitability as required by Specification 5.5.14.c.(ii), and the measurement of CRE pressure as required by Specification 5.5.14.d, shall be considered met.

following implementation:

i) The first performance of SR 3.7.4.4, in accordance with Specification 5.5.14.c.(i), shall be within the next 18 months.

ii) The first performance of the periodic assessment of CRE habitability, Specification 5.5.14.c.(ii), shall be within 3 years, plus the 9-month allowance of SR 3.0.2, of the next successful tracer gas test.

iii) The first performance of the periodic measurement of CRE pressure, Specification 5.5.14.d, shall be within 24 months, plus the 6 months allowed by SR 3.0.2, from the date of the most recent successful pressure measurement test.

G. This renewed license is subject to the following antitrust conditions:

(1) As used herein:

(a) Entity means any financially responsible person, private or public corporation, municipality, county, cooperative, association, joint stock association or business trust, owning, operating or proposing to own or operate equipment or facilities within the state of Georgia (other than Chatham, Effingham, Fannin, Towns and Union Counties) for Renewed License No. NPF-5 Amendment No. 249

the generation, transmission, or distribution of electricity, provided that, except for municipalities, counties, or rural electric cooperatives, entity is restricted to those which are or will be public utilities under the laws of the State of Georgia or under the laws of the United States, and are or will be providing retail electric service under a contract or rate schedule on file with and subject to the regulation of the Public Service Commission of the State of Georgia or any regulatory agency of the United States, and provided further, that as to municipalities, counties, or rural electric cooperatives, entity is restricted to those which provide electricity to the public at retail within the State of Georgia (other than Chatham, Effingham, Fannin, Towns and Union Counties) or to responsible and legally qualified organizations of such municipalities, counties, and/or cooperatives in the State of Georgia (other than Chatham, Effingham, Fannin, Towns and Union Counties) to the extent they may bind their members.

(b) Power Company means Georgia Power Company, any successor, assignee of this license, or assignee of all or substantially all of Georgia Power Companys assets, and any affiliate or subsidiary of Georgia Power Company to the extent it engages in the ownership of any bulk power supply generation or transmission resource in the State of Georgia (but specifically not including (1) flood rights and other land rights acquired in the State of Georgia incidental to hydroelectric generation facilities located in another state and (2) facilities located west of the thread of the stream on that part of the Chattahoochee River serving as the boundary between the states of Georgia and Alabama).

(2) Power Company recognizes that it is often in the public interest for those engaging in bulk power supply and purchases to interconnect, coordinate for reliability and economy, and engage in bulk power supply transactions in order to increase interconnected system reliability and reduce the costs of electric power. Such arrangements must provide for Power Companys costs (including a reasonable return) in connection therewith and allow other participating entities full access to the benefits available from interconnected bulk power supply operations and must provide net benefits to Power Company. In entering into such arrangements neither Power Company nor any other participant should be required to violate the principles of sound engineering practice or forego a reasonably contemporaneous alternative arrangement with another, developed in good faith in arms length negotiations (but not including arrangements between Power Company and its affiliates or subsidiaries which impair entities rights hereunder more than they would be impaired were such arrangements made in good faith between Power Company a non-affiliate or non-subsidiary) which affords it greater benefits. Any such arrangement must provide for adequate notice and joint planning procedures consistent with sound engineering practice, and must relieve Power Company from obligations undertaken by it in the event such procedures are not followed by any participating entity.

Renewed License No. NPF-5 Amendment No. 249

Power Company recognizes that each entity may acquire some or all of its bulk power supply from sources other than Power Company.

In the implementation of the obligations stated in the succeeding paragraphs, Power Company and entities shall act in accordance with the foregoing principles, and these principles are conditions to each of Power Companys obligations herein undertaken.

(3) Power Company shall interconnect with any entity which provides, or which has undertaken firm contractual obligations to provide, some or all of its bulk power supply from source other than Power Company on terms to be included in an interconnection agreement which shall provide for appropriate allocation of the costs of interconnection facilities; provided, however, that if an entity undertakes to negotiate such a firm contractual obligation, the Power Company shall, in good faith, negotiate with such entity concerning any proposed interconnection. Such interconnection agreement shall provide, without undue preference or discrimination, for the following, among other things, insofar as consistent with the operating necessities of Power Companys and any participating entitys systems:

(a) maintenance and coordination of reserves, including, where appropriate, the purchase and sale thereof, (b) emergency support, (c) maintenance support, (d) economy energy exchanges, (e) purchase and sale of firm and non-firm capacity and energy, (f) economic dispatch of power resources within the State of Georgia, provided, however, that in no event shall such arrangements impose a higher percentage of reserve requirements on the participating entity than that maintained by Power Company for similar resources.

(4) Power Company shall sell full requirements power to any entity. Power Company shall sell partial requirements power to any entity. Such sales shall be made pursuant to rates on file with the Federal Power Commission, or any successor regulatory agency, and subject to reasonable terms and conditions.

Renewed License No. NPF-5 Amendment No. 249

(5) (a) Power Company shall transmit (transmission service) bulk power over its system to any entity or entities with which it is interconnected, pursuant to rate schedules on file with the Federal Power Commission which will fully compensate Power Company for the use of its system, to the extent that such arrangements can be accommodated from a functional engineering standpoint and to the extent that Power Company has surplus line capacity or reasonably available funds to finance new construction for this purpose. To the extent the entity or entities are able, they shall reciprocally provide transmission service to Power Company.

Transmission service will be provided under this subparagraph for the delivery of power to an entity for its or its members consumption and retail distribution or for casual resale to another entity for (1) its consumption or (2) its retail distribution. Nothing contained herein shall require the Power Company to transmit bulk power so as to have the effect of making the Tennessee Valley Authority (TVA) or its distributors, directly or indirectly, a source of power supply outside the area determined by the TVA Board of Directors by resolution of May 16, 1966 to be the area for which the TVA or its distributors were the primary source of power supply on July 1, 1957, the date specified in the Revenue Bond Act of 1959, 16 USC 831 n-4.

(b) Power Company shall transmit over its system from any entity or entities with which it is interconnected, pursuant to rate schedules on file with the Federal Power Commission which will fully compensate Power Company for the use of its system, bulk power which results from any such entity having excess capacity available from self-owned generating resources in the State of Georgia, to the extent such excess necessarily results from economic unit sizing or from failure to forecast load accurately or from such generating resources becoming operational earlier than the planned in-service date, to the extent that such arrangements can be accommodated from a functional engineering standpoint, and to the extent Power Company has surplus line capacity available.

(6) Upon request, Power Company shall provide service to any entity purchasing partial requirements service, full requirements service or transmission service from Power Company at a delivery voltage appropriate for loads served by such entity, commensurate with Power Companys available transmission facilities. Sales of such service shall be made pursuant to rates on file with the Federal Power Commission or any successor regulatory agency, and subject to reasonable terms and conditions.

Renewed License No. NPF-5 Amendment No. 249

(7) Upon reasonable notice, Power Company shall grant any entity the opportunity to purchase an appropriate share in the ownership of, or, at the option of the entity, to purchase an appropriate share of unit power from each of the following nuclear generating units at Power Companys costs, to the extent the same are constructed and operated: Hatch 2, Vogtle 1, Vogtle 2, and any other nuclear generating unit constructed by Power Company in the State of Georgia which, in the application filed with USAEC or its successor agency, is scheduled for commercial operation prior to January 1, 1989.

An entitys request for a share must have regard for the economic size of such nuclear unit(s), for the entitys load size, growth and characteristics, and for demands upon Power Companys system from other entities and Power Companys retail customers, all in accordance with sound engineering practice. Executory agreements to accomplish the foregoing shall contain provisions reasonably specified by Power Company requiring the entity to consummate and pay for such purchase by an early date or dates certain. For purposes of this provision, unit power shall mean capacity and associated energy from a specified generating unit.

(8) Southern Nuclear shall not market or broker power or energy from Edwin I. Hatch Nuclear Plant, Unit 2. Georgia Power Company shall continue to be responsible for compliance with the obligations imposed on it in its antitrust license conditions. Georgia Power Company is responsible and accountable for the actions of Southern Nuclear, to the extent that Southern Nuclears actions may, in any way, contravene the existing antitrust license conditions.

(9) To effect the foregoing conditions, the following steps shall be taken:

(a) Power Company shall file with the appropriate regulatory authorities and thereafter maintain in force as needed an appropriate transmission tariff available to any entity; (b) Power Company shall file with the appropriate regulatory authorities and thereafter maintain in force as needed an appropriate partial requirements tariff available to any entity; Power Company shall have its liability limited to the partial requirements service actually contracted for and the entity shall be made responsible for the security of the bulk power supply resources acquired by the entity from sources other than the Power Company; Renewed License No. NPF-5 Amendment No. 249

(c) Power Company shall amend the general terms and conditions of its current Federal Power Commission tariff and thereafter maintain in force as needed provisions to enable any entity to receive bulk power at transmission voltage at appropriate rates; (d) Power Company shall not have the unilateral right to defeat the intended access by each entity to alternative sources of bulk power supply provided by the conditions to this license; but Power Company shall retain the right to seek regulatory approval of changes in its tariffs to the end that it be adequately compensated for services it provides, specifically including, but not limited to, the provisions of Section 205 of the Federal Power Act; (e) Power Company shall use its best efforts to amend any outstanding contract to which it is a party that contains provisions which are inconsistent with the conditions of this license; (f) Power Company affirms that no consents are or will become necessary from Power Companys parent, affiliates or subsidiaries to enable Power Company to carry out its obligations hereunder or to enable the entities to enjoy their rights hereunder; (g) All provisions of these conditions shall be subject to and implemented in accordance with the laws of the United States and of the State of Georgia, as applicable, and with rules, regulations, and orders of agencies of both, as applicable.

3. This renewed license is effective as of the date of issuance and shall expire at midnight, June 13, 2038.

FOR THE U.S. NUCLEAR REGULATORY COMMISSION Samuel J. Collins, Director Office of Nuclear Reactor Regulation Attachments:

Appendix A - Technical Specifications Appendix B - Environmental Protection Plan Date of Issuance: January 15, 2002 Renewed License No. NPF-5 Amendment No. 249