NL-21-005, Cancellation of Commitments Related to Beyond-Design-Basis External Events Seismic and Flooding Actions

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Cancellation of Commitments Related to Beyond-Design-Basis External Events Seismic and Flooding Actions
ML21132A004
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 05/11/2021
From: Couture P
Entergy Nuclear Operations
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-21-005
Download: ML21132A004 (4)


Text

Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5102 Philip Couture Sr. Manager, Regulatory Assurance 10 CFR 50.54(f)

NL-21-005 May 11, 2021 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Cancellation of Commitments Related to Beyond-Design-Basis External Events Seismic and Flooding Actions Indian Point Nuclear Generating Unit Nos. 2 and 3 NRC Docket Nos. 50-247 and 50-286 Renewed Facility Operating License Nos. DPR-26 and DPR-64 In Reference 1, the U.S. Nuclear Regulatory Commission (NRC) issued a "Request for Information Pursuant to Title 10 of the Code of Federal Regulations [10 CFR] 50.54(f)

Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Accident" to all NRC power reactor licensees and holders of construction permits in active or deferred status. The Enclosures in Reference 1 contain specific requested actions, requested information, and required responses associated with Recommendations 2.1 (Seismic and Flooding), 2.3 (Seismic and Flooding), and 9.3 (Emergency Preparedness).

In Reference 2, Entergy Nuclear Operations, Inc. (Entergy) notified the NRC that it had decided to permanently cease power operations of Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3, collectively referred to as the Indian Point Energy Center (IPEC)) by April 30, 2020 and April 30, 2021, respectively.

In Reference 3, Entergy requested NRC approval to defer completion of regulatory commitments associated with the "Beyond-Design-Basis External Event Seismic Actions" for IPEC. The requested seismic deferral applied to the Entergy commitments to use the insights gained through the performance of the Seismic Probabilistic Risk Assessments (SPRAs) for IPEC to determine the modifications, procedure, or strategy changes that would provide the best safety improvement. The SPRA results are used to develop the seismic Mitigation Strategies Assessments (MSAs) for each unit. In Reference 4, Entergy requested NRC approval to defer completion of regulatory commitments associated with the "Beyond-Design-Basis External Event Flooding Actions" for IPEC. The requested deferral of the flooding actions commitments pertained to completion of an IPEC flooding Integrated Assessment.

NL-21-005 Page 2 of 4 The requested deferral of these commitments was predicated on the determination that there is insufficient time for the SPRA and flooding Integrated Assessment efforts to result in any appreciable safety benefit considering that IP2 and IP3 will cease operation in 2020 and 2021, respectively (Reference 2).

Regarding the continued applicability of the commitments, the NRC stated in the Reference 5 approval letter that:

"If the licensee decides to continue to operate the units beyond 2020 and 2021, respectively, the licensee would need to provide the SPRAs and the SFP [spent fuel pool] assessments associated with the seismic hazard reevaluations at IP2 and IP3 by August 1, 2020, and August 1, 2021, respectively. The seismic MSAs associated with the seismic hazard reevaluations at IP2 and IP3 would need to be provided by August 1, 2020, and August 1, 2021, respectively. In addition, the licensee would need to provide the flooding IA [Integrated Assessment] for IP2 and IP3 by August 31, 2021."

In References 6 and 7, Entergy submitted certifications in accordance with 10 CFR 50.82(a)(1)(i) and (a)(1)(ii) that power operations had ceased at IP2 on April 30, 2020 and IP3 on April 30, 2021, respectively, and that the fuel was permanently removed from the IP2 and IP3 reactor vessels and placed in the IP2 and IP3 spent fuel pools on May 12, 2020 and May 11, 2021, respectively. By docketing these certifications, Entergy has established that the IP2 and IP3 10 CFR Part 50 licenses no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels. These certifications also establish the non-applicability of the Reference 5 conditional actions if IP2 and IP3 would have operated beyond the planned dates for permanent cessation of power operations.

In the 10 CFR 50.54(f) information request (Reference 1), it states that: "Operating power reactor licensees under 10 CFR Part 50 are required to respond to all of the information requests." However, as described above, IP2 and IP3 are no longer licensed as operating power reactors, in that the reactors for both units have been permanently shutdown and defueled and the 10 CFR Part 50 licenses no longer authorize operation of the reactors.

Therefore, the Reference 3 commitments regarding performance of the SPRAs in response to the 10 CFR 50.54(f) information request are no longer applicable to IP2 and IP3.

In Reference 8, Entergy notified the NRC that the IP2 SPRA commitment was cancelled on June 8, 2020, and the NRC acknowledged the commitment cancellation in Reference 9. This letter provides notification that Entergy is similarly cancelling the IP3 commitment regarding performance of the SPRAs. In addition, this letter provides notification that Entergy is cancelling the Reference 4 commitments pertaining to the IPEC flooding Integrated Assessment since the commitments are no longer applicable to IP2 and IP3 in their current permanently shutdown and defueled conditions.

NL-21-005 Page 3 of 4 If you have any questions regarding this submittal, please contact Mr. Matthew Johnson, Nuclear Manager - IPEC Decommissioning, at 914-254-6288.

There are no new regulatory commitments made in this letter.

Respectfully, Philip Digitally signed by Philip Couture Couture Date: 2021.05.11 14:52:42 -05'00' Philip Couture PC/sp

References:

1) U.S. Nuclear Regulatory Commission (NRC) Letter to Entergy Nuclear Operations, Inc. (Entergy), "Request for Information Pursuant to Title 10 of the Code of Federal Regulations 50.54(f) Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Accident," (ML12053A340), dated March 12, 2012
2) Entergy letter to NRC, "Notification of Permanent Cessation of Power Operations," (Letter No. NL-17-021) (ML17044A004), dated February 8, 2017
3) Entergy letter to NRC, "Request for Deferral of Actions Related to Beyond-Design-Basis External Event Seismic Actions - Commitment Date Changes," (Letter No. NL-17-062) (ML17136A345), dated May 10, 2017
4) Entergy letter to NRC, "Request for Deferral of Actions Related to Beyond-Design-Basis External Events Flooding Actions - Commitment Changes,"

(Letter No. NL-17-091) (ML17209A740), dated July 24, 2017

5) NRC letter to Entergy, "Indian Point Nuclear Generating Unit Nos. 2 and 3 - NRC Response to Request for Deferral of Actions Related to Beyond-Design-Basis Seismic and Flooding Hazard Reevaluations,"

(ML17222A239), dated October 4, 2017

6) Entergy letter to NRC, "Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel,"

(Letter No. NL-20-042), (ML20133J902), dated May 12, 2020

7) Entergy letter to NRC, "Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel,"

(Letter No. NL-21-033) (ML21131A157), dated May 11, 2021

NL-21-005 Page 4 of 4

8) Entergy letter to NRC, "Cancellation of Commitment Related to Beyond-Design-Basis External Event Seismic Actions," (Letter No. NL-20-046)

(ML20160A029), dated June 8, 2020

9) NRC letter to Entergy, "Indian Point Nuclear Generating Unit No. 2 -

Cancellation of Commitment Related to Beyond-Design-Basis External Event Seismic Actions (EPID No. L-2020-JLD-0002)," (ML20182A125),

dated July 30, 2020 cc: NRC Senior Project Manager, NRC NRR DORL NRC Region I Regional Administrator NRC Senior Resident Inspector, Indian Point Energy Center New York State Liaison Officer Designee, NYSERDA New York State (NYS) Public Service Commission