ML20198K896
| ML20198K896 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/21/1998 |
| From: | Pickett D NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20198K902 | List: |
| References | |
| NUDOCS 9812310200 | |
| Download: ML20198K896 (13) | |
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NUCLEAR REGULATORY COMMISSION t
WASHINGTON, D.C. 3086HW01
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1 CLEVELAND ELECTRIC ILLUMINATING COMPANY. ET AL.
DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT. UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 96 License No. NPF-58 1.
The U.S. Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by the Cleveland Electric illuminating Company (CEICO), Centerior Sen/ ice Company, Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power Company, and Toledo Edison Company (the licensees) dated June 30,1998, as supplemented on October 27, November 30, and December 3,1998, 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 conformance with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonable assurance that (i) the activities authorized by this amendment can be conducted withoJt endangering the health and safety of the public and (ii) 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.
l 9812310200 981221 PDR ADOCK 05000440 P
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2.
Accordingly, Facility Operating License No. NPF-58 is hereby amended, as indicated in the attachments hereto, by changes to the title; paragraph 1.A and the associated footnote; paragraphs 1.E,2,2.B(1), and the asterisked footnote to parag;aph 2.B(1); paragraphs 2.B(2), 2.B(3), 2.B(4), 2.B(5), 2.B(6), 2.C(1), 2.C(2), 2.C(3)(b), 2.C(4), 2.C(5), 2.C(6),
2.C(6)(a),2.C(7),2.C(8),2.D. 2.E, and 2.F. In addition, Facility Operating License No.
NPF-58 is also amended by deletion of Attachment i and by revisions to the cover pages to Appendix A and Appendix B.
3.
This license amendment is effective as of January 1,1999.
FOR THE NUCLEAR REGULATORY COMMISSION
%g V. P Douglas V. Pickett, Senior Project Manager Project Directorate 111-2 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation
Attachment:
Changes to the License Date of Issuance:
December 21, 1998 I
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,y ATTACHMENT TO LICENSE AMENDMENT NO. 96 FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 1
Replace the following pages of the operating license with the attached pages. The revised pages are identified by Amendment number and contain vertical lines indicating the area of change.
Remove insert 1
1 2
2 3
3 4
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5 5
1 6
6 7
7 8
Appendix A, cover letter Appendix A, cover letter Appendix B, cover letter Appendix B, ::over letter i
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- A a ns:
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UNITED STATES g
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 4 001 e
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%,.....,o FIRSTENERGY NUCLEAR OPERATING COMPANY CLEVELAND ELECTRIC ILLUMINATING COMPANY QUQUESNE LIGHT COMPANY U
OhtO EDISON COMPANY OES NUCLEAR. INC.
PENNSYLVANIA POWER COMPANY TOLEDO EDISON COMPANY DOCKET NO, 50-440 PERRY NUCLEAR POWER PLANT. UNIT NO.1 FACILITY OPERATING LICENSE License No. NPF-58
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for license filed by FirstEnergy Nuclear Operating Company (FENOC)'
acting on its own behalf and as agent for The Cleveland Electric illuminating Company (CEICO), the Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc. 2, Pennsylvania Power Company, and the Toledo Edison Company (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;
- 8. Construction of the Perry Nuclear Power Plant, Unit No.1 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-148 and the application, as amended, the provisions of the Act, and the regulations of the Commission; j
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' FENOC is authorized to act as agent for Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power Company, the Toledo Edison Company, and The Cleveland Electric illuminating Company, and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.
2 OES Nuclear, Inc., is a wholly owned subsidiary of Ohio Edison Company. OES Nuclear, inc., owns a portion of the 30% interest in Perry Nuclear Power Plant Unit No.1 attributable to Ohio Edison Company. Ohio Edison Company remains fully responsible for all costs and expenses, including decommissioning expenses, relating to the portion of the Peny Nuclear Power Plar t Unit No.1 owned by OES Nuclear, Inc., for the duration of the license through completion of plant decommissioning. OES Nuclear, Inc., was added as a licensee by Amendment No. 81 to this license.
Amendment No. 96 i
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. 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.D below);
D. There is reasonable assurance: (I) that the activities authorized by this 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.D below);
E. The FirstEnergy Nuclear Operating Company is technically qualified to engage in the l
activities authorized by this 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 CommisMon's regulations; G. The issuance of this 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 this Facility Operating License No. NPF-58, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I.
The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Pads 30,40, and 70.
- 2. Based on the foregoing findings regarding this facility, the Partial-Initial Decisions issued December 2,1983, and September 3,1985, by the Atomic Safety and Licensing Board in regard to this facility (affirmed by ALAB-841, dated July 25,1986) and pursuant to approval by the Nuclear Regulatory Commission at a meeting on November 7,1986, Facility Operating License No NPF-58, which supersedes the license for fuelloading and low power testing, License No. NPF-45, issued on March 18,1986, is hereby issued to the Cleveland Electric illuminating Company, FirstEnergy Nuclear Operating Company, Duquesne Light l
Company Ohio Edison Company, OES Nuclear Inc., Pennsylvania Power Company, and Toledo Edison Company (the licensees) to read as follows:
A. The license applies to the Perry Nuclear Power Plant, Unit No.1, a boiling water nuclear reactor and associated equipment (the facility), owned by the Cleveland Electric illuminating Company, Duquesne Light Company, Ohio Edison Company, OES Nuclear, Amendment No. 96
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inc., Pennsylvania Power Company, and the Toledo Edison Company. The facility is located on the shore of Lake Erie in Lake County, Ohio, approximately 35 miles i
northeast of Cleveland, Ohio, and is described in the licensees' Final Safety Analysis Report, as supplemented and amended, and in the licensees' Environmental Report, as i
supplemented and amended.
l B. Subject to the conditions and requirements incorporated herein, the Commission hereby l
licenses:
4 (1)
FENOC, pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use, l
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and operate the facility at the designated location in Lake County, Ohio, in accordance with the procedures and limitations set forth in this license; i
l (2)
CEICO, Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc.,
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Pennsylvania Power Company, and Toledo Edison Company to possess the j
facility at the designated location in Lake County, Ohio, in accordance with the
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procedures and limitations set forth in this license; 1
(3)
FENOC, pursuant to the Act and 10 CFR Part 70, to receive, posses, and use at
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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 Final Safety Analysis Report, as supplemented and amended; i
(4)
FENOC, pursuant to the Act and 10 CFR Parts 30,40, and 70, to receive, l
j possess, and use at any time any byproduct, source, and special nuclear material such as sealed neutron sources for reactor startup, sealed sources for reactor i
instrumentation and radiation monitoring equipment calibration, and fission
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detectors in amounts as required; l
(5)
FENOC, pursuant to the Act and 10 CFR Parts 30,40, and 70, to receive, l
l possess, and use in amounts as required any byproduct, source, or special i
nuclear material without restriction as to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6)
FENOC, pursuant to the Act and 10 CFR Parts 30,40, and 70, to possess, but l
not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
l-(7)(a) Ohio Edison Company is authorized to transfer any portion of its 30.0%
j ownership share of PNPP Unit 1 and a proportionate share of its interest in the PNPP common facilities to certain equity investors identified in its submission of i
j January 23,1987, as supplemented on March 3,1987, and at the same time to lease back from such purchasers such interest sold in the PNPP Unit 1 facility.
1 The term of the lease is for approximately 29% years subject to a right of i
Amendment No. 96 r
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renewal. Such sale and leaseback tronsactions are subject to a the representations and conditions set forth in the above mentioned application of i
January 23,1987, as supplemented on March 3,1987, as well as the letter of the l
Director of the Office of Nuclear Reactor Regulation dated March 16,1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising i
directly or indirectly any control over the licenses of PNPP Unit 1. For purposes l
of this condition the limitations of 10 CFR 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit i remains in effect; i
these financial transactions shall have no effect on the license for the Perry -
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Nuclear facility throughout the term of the license.
i (b) Further, the licensees are also required to notify the NRC in writing prior to any 4
I change in: (i) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement; (iii) the existing property insurance coverage for PNPP Unit 1; and (iv) any action by a lessor or 2
others that may have an adverse effect on the safe operation of the facility.
C. This license shall be deemed to contain and is subject to the conditions specified in the j
Commission's 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 3
hereafter in effect; and is subject to the additional conditions specified or incorporated i
below:
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(1)
Maximum Power Level 1
i FENOC is authorized to operate the facility at reactor core power levels not in l
excess of 3579 megawatts thermal (100% power)in accordance with the conditions specified herein.
(2)
Technica: Srecifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 81, are hereby incorporated into the license. FENOC shall operate the facility in l
accordance with the Technical Specifications and the Environmental Protection Plan.
(3)
Antitrust Conditions
- a. Cleveland Electric illuminating Company, Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power Company, and the Amendment No. 96
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. Toledo Edison Company shall comply with the antitrust conditions delineated in Appendix C to this license; Appendiy C is hereby incorporated into this license.
- b. FENOC sha!! comply with the antitrust conditions delineated in Appendix C to this license as if named therein. FENOC shall not market or broker power or energy from the Perry Nuclear Power Plant, Unit No.1. The Owners are responsible and accountable for the actions of FENOC to the extent that said actions affect the marketing or brokering of power or energy from the Perry Nuclear Power Plant, Unit No.1, and in any way, contravene the antitruct condition contained in the license.
(4) Deleted
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(5) Deleted (6) Fire Protection (Section 9.5. SER. SSER #1. 2. 3. 4. 7. and 8)
FENOC shall comply with the following requirements of the fire protection program:
FENOC shallimplement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report, as amended, for the Perry Nuclear Power Plant and as approved in the Safety Evaluation Report (NUREG-0887) dated May 1982 and Supplement Nos.1 through 10 thereto, subject to the following provisions:
- a. FENOC may make changes to the approved fire protection program without prior l
l approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
1 (7) Deleted (8) Deleted (9) Deleted (10)
Primary Containment air lock penetrations may be open during CORE i
ALTERATIONS and movement of irradiated fuel within the primary containment, except when moving recently irradiated fuel (i.e., fuel that has occupied part of a critical reactor core within the previous seven days), provided the following conditions exist:
One door in each air lock is capable of being closed.
Hoses and cables running through the air lock employ a means to allow safe, quick disconnect or severance, and are tagged at the air lock with specific instructions to expedite removal.
Amendment No. 96
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.. The air lock is not blocked in such a way that it cannot be expeditiously closed.
A designated individual is available to expeditiously close the air lock door.
D. FENOC is exempted from: 1) the requirements of Section Ill.D.2(b)(ii), containment l
airlock testing requirements, Appendix J to 10 CFR Part 50, due to the special circumstance described in Section 6.2.6 of SER Supplement No. 7 authorized by 10 CFR 50.12(a)(2)(iii); and 2) the requirements of Section IV.F., Full Participation Exercise, of Appendix E to 10 CFR Part 50, due to the special circumstance described in the Exemption dated November 6,1986. These exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. The exemptions are hereby granted pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.
E. FENOC shall fully implement and maintain in effect all provisions of the Commission-l approved physical security, guard 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 plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: " Perry Nuclear Power Plant Physical Security Plan," with revisions submitted through September 11,1987; " Perry Nuclear Power Plant Guard Training and Qualification Plan,"
with revisions submitted through August 12,1986; and " Perry Nuclear Power Plant Safeguards Contingency Plan" (Chapter 8 of the Security Plan), with revisions submitted through May 15,1986. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.
F. Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, FENOC shall report any violations of the requirements contained in Section 2.C of this license in the following manner; initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty (30) days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e).
G. The licensees 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.
Amendment No. 96
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H. This license is effective as of the date ofissuance and shall expire at midnight on March 18,2026.
FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY:
Harold R. Denton, Director Office of Nuclear Reactor Regulation Attachments / Appendices
- 1. Attachments 1 - 2
- 2. Appendix A - Technical Specifications (NUREG -1204)
- 3. Appendix B - Environmental Protection Plan
- 4. Appendix C - Antitrust Conditions Date of Issuance: November 13,1986 Amendment No. 96
4 ATTACHMENT 1 4
Deleted i
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l Amendment No. 96
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APPENDIX A TO FACILITY OPERATING LICENSE NO. NPF-58 4
P'ERRY NUCLEAR POWER PLANT t
U' NIT 1
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FIRSTENERGY NUCLEAR OPERATING COMPANY DOCKET NO. 50-440 4
TECHNICAL SPECIFICATIONS 1
ARE FILED IN THE i
TECHNICAL SPECIFICATION MANUAL i
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1 Amendment No. 96
= a APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-58 PERRY NUCLEAR POWER Pl.NvT UNIT 1
- FIRSTENERGY NUCLEAR OPERATING COMPANY DOCKET NOS. 50-440 AND 50-441 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL)
November 13,1986 4
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Amendment No. 96 J
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