ML20279A370

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Enclosure 2, Attachment 1: TMI-2 LTA Draft Conforming Amendment
ML20279A370
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 12/02/2020
From: Chaffee A
Office of Nuclear Reactor Regulation
To:
SMITH T/NMSS/DUWP
Shared Package
ML20279A366 List:
References
EA-20-136, EPID L-2019-LLA-0257
Download: ML20279A370 (5)


Text

Enclosure 2, Attachment 1:

Changes to Possession Only License No. DPR-73 Possession Only License No. DPR-73 Amendment No. 64

TMI-2 SOLUTIONS, LLC DOCKET NO. 50-320 THREE MILE ISLAND NUCLEAR STATION, UNIT NO. 2 POSSESSION ONLY LICENSE Amendment No. 64 License No. DPR-73

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

A. The application for the transfer of the possession only license from Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, and GPU Nuclear, Inc. to TMI-2 Solutions, LLC (the Licensee) 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 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 be maintained in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission except for those exemptions from specific portions of the regulations, previously granted by the Commission, and still applicable; C. There is reasonable assurance: (i) that the activities authorized by this possession only 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 rules and regulations of the Commission; D. The licensee is technically qualified to engage in the activities authorized by this possession only license in accordance with the rules and regulations of the Commission; E. The licensee is financially qualified to engage in the activities authorized by this possession only license in accordance with the rules and regulations of the Commission; F. The licensee has satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations; G. The issuance of this possession only 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 Possession Only License No. DPR-73 subject to the conditions for protection of the environment set forth herein is in accordance with 10 CFR Part 51 Possession Only License No. DPR-73 Amendment No. 64

of the Commission's regulations and all applicable requirements have been satisfied; and; I. The possession of byproduct and special nuclear material and receipt, possession, and use of source material as authorized by the license will be in accordance with the Commission regulations in 10 CFR Parts 30, 40, and 70, including 10 CFR Sections 30.33, 40.32, 70.23, and 70.31.

2. Possession Only License No. DPR-73 is hereby issued to TMI-2 Solutions, LLC to read as follows:

A. This license applies to the Three Mile Island Nuclear Station, Unit 2, (the facility) owned by TMI-2 Solutions, LLC. The facility is located on Three Mile Island in the Susquehanna River in Londonderry Township, Dauphin County, Pennsylvania, about 10 miles southeast of Harrisburg. Prior to entry into Post-Defueling Monitored Storage (PDMS), the facility is described in the Final Safety Analysis Report as supplemented and amended, the various Recovery System Descriptions and Technical Evaluation Reports and the Environmental Report as supplemented and amended. Upon entry into PDMS, the facility is described in the PDMS 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:

(1) TMI-2 Solutions, LLC, pursuant to Section 103 of the Atomic Energy Act (Act) and 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, to possess but not operate the facility; (2) TMI-2 Solutions, LLC to possess the facility at the designated location in Dauphin County, Pennsylvania, in accordance with the procedures and limitations set forth in this license; (3) TMI-2 Solutions, LLC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any sealed sources for radiation monitoring equipment calibration; (4) TMI-2 Solutions, LLC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) TMI-2 Solutions, LLC, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials which remain at the facility subsequent to the cleanup following the March 28, 1979, accident.

The storage of radioactive materials or radwaste generated at TMI Unit 1 and stored at TMI Unit 2 in accordance with the license for TMI Unit 1 shall not result in Possession Only License No. DPR-73 Amendment No. 64

a source term that, if released, would exceed that previously analyzed in the PDMS Safety Analysis Report in terms of off-site dose consequences.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations in 10 CFR Chapter I, and is subject to all applicable provisions of the Act and to the Commission's rules and regulations, except for those exemptions from specific portions of the regulations granted by the Commission and still applicable, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Technical Specifications The Technical Specifications, as revised through Amendment No. 64 are hereby incorporated into this license. The licensee shall operate the facility in accordance with the Technical Specifications and all Commission Orders issued subsequent to the date of the possession only license.

(2) Physical Protection The licensee utilizes site physical security, guard training and qualification, and safeguards contingency plans maintained by Unit 1. These plans are administered under TMl-1 license condition 2.C.(3) and shall apply to TMI-2.

(3) Upon the date of closing, and proceeding until determination of completion of Phase 2 of facility decommissioning, TMI-2 Solutions will maintain a Financial Support Agreement in the amount of $100M, less the value of any cash-funded Provisional Trust Account, Disposal Capacity Easement, and Letter of Credit procured by TMI-2 Solutions for the benefit of the Back-Up Trust Account under the Back-Up & Provisional Trust Agreement.

(4) At time of closing, EnergySolutions, Inc. will provide a Parent Guarantee in favor of the FirstEnergy Companies to guarantee the payment and performance of the obligations of TMI-2 Solutions as to the TMI-2 decommissioning. This guarantee makes the resources of EnergySolutions available to help ensure the successful decommissioning of TMI-2, assuring the ability of TMI-2 Solutions to (i) pay the costs of decommissioning the TMI-2 facility; (ii) protect the public health and safety; and (iii) meet NRC requirements.

(5) These financial support conditions (2.C.(3) and 2.C.(4)) may not be voided, canceled, or modified without the prior written consent of the NRC. These financial support conditions are in place and will be maintained as described in the application. The Director of the Office of Nuclear Material Safety and Safeguards shall be informed, in writing, no later than 10 working days after any funds are provided under the terms of the conditions listed above.

D. Special Auxiliary and Fuel Handling Building Ventilation Study: Prior to terminating continuous operation of the auxiliary and fuel handling buildings (AFHB) ventilation systems, the special monitoring program of AFHB airborne levels shall be completed. The program shall include at least 1 year of data prior to entry into PDMS and at least 1 year of data after entry into PDMS. A report shall be submitted to the NRC containing the results of the program containing sufficient data and analyses to demonstrate that the release rate of particulates with half-lives greater than 8 days from the AFHB will be less than 0.00024 Ci/sec when averaged over Possession Only License No. DPR-73 Amendment No. 64

any calendar quarter. Not included in the calculation of the particulate release rate shall be those periods of time (designated in advance) prior to entry into PDMS during which aggressive decontamination operations were performed in preparation for PDMS. The report shall be submitted to the NRC staff at least 60 days prior to terminating continuous operation of the AFHB ventilation systems.

E. Unfiltered Leak Rate Test: Prior to entry of the facility into Post-Defueling Monitored Storage, the licensee will develop an NRC-approved surveillance requirement for the reactor building unfiltered leak rate test that, upon staff approval, will be incorporated as Section 4.1.1.2 of the proposed PDMS Technical Specifications.

F. Additional Submittals Prior To Post-Defueling Monitored Storage: Prior to entry of the facility into Post-Defueling Monitored Storage, the licensee will submit and implement a site Flood Protection Plan, a site Radiation Protection Plan, an Offsite Dose Calculation Manual, a Post-Defueling Monitored Storage Fire Protection Program Evaluation, a Post-Defueling Monitored Storage Quality Assurance Plan and a Radiological Environmental Monitoring Plan. Additionally, the licensee will submit to the NRC the results of the completed plant radiation and contamination surveys prior to entry into PDMS.

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

FOR THE NUCLEAR REGULATORY COMMISSION (Original signed by Alfred E. Chaffee acting for)

Brian K. Grimes, Director Division of Operating Reactor Support Office of Nuclear Reactor Regulation

Enclosure:

Appendices A & B Technical Specifications Date of Issuance: December ___, 2020 Possession Only License No. DPR-73 Amendment No. 64