CNL-20-072, Tennessee Valley Authority - Bellefonte Nuclear Plant (Bln), Units 1 and 2 - Status Update and Request for Extension of Unit 1 Construction Permit CPPR-122
| ML20244A305 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 08/28/2020 |
| From: | Jim Barstow Tennessee Valley Authority |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| CNL-20-072 | |
| Download: ML20244A305 (3) | |
Text
Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402 CNL-20-072 August 28, 2020 10 CFR 50.55(b)
ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Bellefonte Nuclear Plant, Units 1 and 2 Construction Permit Nos. CPPR-122 and CPPR-123 NRC Docket Nos. 50-438 and 50-439
Subject:
BELLEFONTE NUCLEAR PLANT (BLN), UNITS 1 AND 2 - STATUS UPDATE AND REQUEST FOR EXTENSION OF UNIT 1 CONSTRUCTION PERMIT CPPR-122
References:
- 1. Letter from NRC to TVA, Bellefonte Nuclear Plant, Unit 1 - Extension of Construction Permit Expiration Date (TAC No. ME4914), dated September 30, 2011 (ML11245A128)
Unit 2 - Request for Extension of Construction Permit CPPR-123, dated June 10, 2014 (ML14168A489)
Unit 2 - Status Update Regarding Construction Permit CPPR-123, dated March 31, 2017 (ML17090A388)
- 4. Letter from Nuclear Development, LLC, to NRC, Application for Order Approving Construction Permit Transfers and Conforming Administrative Construction Permit Amendments, dated November 13, 2018 (ML18318A428)
In Reference 1, the Nuclear Regulatory Commission (NRC) extended the latest completion date for Construction Permit CPPR-122, Bellefonte Nuclear Plant (BLN) Unit 1 to October 1, 2020. In Reference 2, Tennessee Valley Authority (TVA) requested that the Nuclear Regulatory Commission (NRC) extend the latest completion date for Construction Permit CPPR-123, Bellefonte Nuclear Plant (BLN) Unit 2, to October 1, 2017. That request
U.S. Nuclear Regulatory Commission CNL-20-072 Page 2 August 28, 2020 remains pending with the NRC but was timely filed pursuant 10 CFR § 2.109 (Effect of Timely Renewal Application). In Reference 3, TVA provided a status update on the extension request, explaining that TVA had sold the BLN property at auction (to Nuclear Development LLC) and the purchaser was, at that time, in the process of closing the sale.
In Reference 4, the purchaser, Nuclear Development, LLC, filed a license transfer application seeking the NRCs approval to transfer the permits from TVA to Nuclear Development.
The Bellefonte sale did not close in November 2018. The Purchase and Sale Agreement (PSA) prohibited the transaction from closing if there were in effect at the Closing any law, status, rule, regulation, permit, certification or binding order, decree or decision of any Governmental Authority (as defined [in the PSA]) restraining, enjoining or otherwise prohibiting or making illegal the consummation of the transaction contemplated by the Agreement. On November 30, 2018, the purchaser filed a breach of contract lawsuit against TVA in the Northern District of Alabama, Nuclear Development, LLC v. Tenn. Valley Auth., No. 5-18-CV-01983 (N.D. Ala.). On December 26, 2018, the parties entered into a stipulation pursuant to which TVA agreed among other things to satisfy the quality assurance and other requirements in accordance with the construction permits unless and until the construction permits are amended or terminated, and to provide advance written notice to the Court and to Nuclear Development if TVA elected to request termination of the construction permits. The lawsuit remains pending, and the case is not scheduled to be ready for trial until November 2020.
During this process, the plants remain in deferred status and there is no construction activity. TVA continues to preserve and maintain BLN Units 1 and 2. However, because the litigation is likely to continue beyond the Unit 1 completion date, TVA requests the NRC to extend the latest completion date for CPPR-122 (BLN Unit 1) until October 1, 2021.
The extension for BLN Unit 1 is needed to allow the parties additional time to obtain a decision in the lawsuit. As required by NRC regulations, TVA will continue to comply with the terms and conditions of Construction Permits CPPR-122 and CPPR-123 to ensure that public health and safety is protected.
For the foregoing reasons, TVA submits in accordance with 10 CFR § 50.55(b) that good cause exists for the extension of Construction Permit CPPR-122 and that the extension is for a reasonable period of time. As discussed above, the BLN Unit 2 construction permit remains valid pursuant to 10 CFR § 2.109. Under the circumstances, and because TVA is constrained to propose alterations to the status of either construction permit, TVAs position with respect to BLN Unit 2 remains unchanged from that which is set forth in the March 31, 2017 letter. To the extent the outcome of the litigation affects this position, TVA will update the NRC after a final decision in the case.
U.S. Nuclear Regulatory Commission CNL-20-072 Page 3 August 28, 2020 There are no new regulatory commitments associated with this submittal. Please address any questions regarding this response to Jonathan T. Johnson, Director, Nuclear Regulatory Affairs (Acting) at 423-751-3487.
I declare under penalty of perjury that the foregoing is true and correct. Executed on the 28th day of August 2020.
Respectfully, James Barstow Vice President, Nuclear Regulatory Affairs and Support Services cc:
NRR Director - NRC Headquarters NRC Project Manager - Bellefonte Project Manager NRC Regional Administrator - Region II Nuclear Development, LLC