ML21322A270

Nuclear Generating Plant - Issuance of Amendment No. 260 Approving the Independent Spent Fuel Storage Installation Only Security Plan, Rev 3

ML21322A270
Person / Time
Site:	Crystal River
Issue date:	11/24/2021
From:	Jack Parrott, Bruce Watson Reactor Decommissioning Branch
To:	Reid B ADP CR3
Jack Parrott, 301-415-6634
References
EPID L-2021-LLA-0048
Download: ML21322A270 (9)

Text

November 24, 2021 Mr. Billy Reid Site Vice President ADP CR3, LLC 2760 South Falkenburg Road Riverview, FL 33578

SUBJECT:

CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT - ISSUANCE OF AMENDMENT NO. 260 APPROVING INDEPENDENT SPENT FUEL STORAGE INSTALLATION SECURITY PLAN, REVISION 3 (EPID L-2021-LLA-0048)

Dear Mr. Reid:

The U.S. Nuclear Regulatory Commission (NRC) is issuing the enclosed Amendment No. 260 to Facility License No. DPR-72 for the Crystal River Unit 3 Nuclear Generating Plant (CR-3).

This amendment is in response to the Accelerated Decommissioning Partners, LLC (ADP)

CR3, LLC (ADP CR3; the licensee), application dated March 17, 2021 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML21085A750), as supplemented by letter dated September 14, 2021 (ADAMS Accession No. ML21257A398). This amendment revises the CR-3 license to approve Revision 3 to the Independent Spent Fuel Storage Installation (ISFSI) Security Plan. Notice of the application was published in the Federal Register (FR) on May 18, 2021 (86 FR 26950).

The amendment revises the CR-3 ISFSI Security Plan, including the Training and Qualification Plan and Safeguards Contingency Plan in Appendices B and C, as well as the existing physical security license condition in the facility operating license. Specifically, ADP CR-3 is requesting approval of the revised ISFSI Security Plan, as well as a review of the updated order responses related to additional security measures and fingerprinting for unescorted access at the CR-3 ISFSI.

The ISFSI Security Plan addresses the protection of fuel on site that is licensed by the CR-3 facility operating license. The ISFSI Security Plan reflects the current configuration at CR-3 wherein all the spent nuclear fuel is stored at the ISFSI. The Facility License for CR-3 no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.

In addition, based on the CR-3 Permanently Defueled Technical Specifications, CR-3 is no longer allowed to place spent nuclear fuel back into the spent fuel pools.

The amendment is provided as Enclosure 1. The amendment is effective upon issuance and shall be implemented within 120 days of the effective date. A copy of the related safety evaluation is also enclosed as Enclosure 2. A Notice of Issuance of this amendment will be included in the Commissions monthly Federal Register notice.

B. Reid Pursuant to Paragraph (c)(12) of Title 10 of the Code of Federal Regulations (10 CFR) 51.22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review, the Commission has determined that the issuance of this amendment is categorically excluded and pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared. Approval of this amendment request involves no significant hazards consideration; no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; and no significant increase in individual or cumulative public or occupational radiation exposure.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html.

If you or your staff have any questions regarding the above, please contact me at 301-415-6634 or via email at Jack.Parrott@nrc.gov.

Sincerely, Signed by Parrott, Jack on 11/24/21 Jack D. Parrott, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos. 50-302 72-1035

Enclosures:

1. Amendment No. 260 to License No. DPR-72

2. Safety Evaluation (Safeguards information - Withhold from public disclosure) cc: Crystal River ListServ

ML21322A270 *concur via e-Concurrence OFFICE NMSS/DUWP/RDB/PM NSIR/DPCP/MSB/BC OGC - NLO NAME JParrott* ARivera* NStAmour*

DATE 11/19/2021 11/19/2021 11/23/2021 OFFICE NMSS/DUWP/RDB/BC NMSS/DUWP/RDB/PM NAME BWatson* JParrott*

DATE 11/23/2021 11/24/2021 ADP CR3, LLC DUKE ENERGY FLORIDA, LLC DOCKET NO. 50-302 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 260 License No. DPR-72

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

A. The application for amendment to the Crystal River Unit 3 Nuclear Generating Plant (the facility) Facility Operating License No. DPR-72, filed by ADP CR3, LLC (the licensee), dated March 17, 2021, 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; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions 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 Commissions regulations and all applicable requirements have been satisfied.

Enclosure 1

2. Accordingly, the license is amended by changes as indicated in the attachment to this license amendment, and paragraph 2.D of Facility Operating License No. DPR-72 is hereby amended to read as follows:

The licensee 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 10 CFR 72.212(b)(9) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The combined set of plans, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Independent Spent Fuel Storage Installation Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 3, submitted by letter dated March 17, 2021, as supplemented by letter dated September 14, 2021.

3. This license amendment is effective upon issuance and shall be implemented within 120 days of the effective date.

FOR THE NUCLEAR REGULATORY COMMISSION Signed by Watson, Bruce on 11/23/21 Bruce A. Watson, CHP, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Changes to the Facility Operating License Date of Issuance: November 24, 2021

ATTACHMENT TO LICENSE AMENDMENT NO. 260 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT FACILITY OPERATING LICENSE NO. DPR-72 DOCKET NO. 50-302 Facility Operating License No. DPR-72 Replace the following pages of Facility Operating License No. DPR-72 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

INSERT REMOVE Page 1 Page 1 Page 5 Page 5

ADP CR3, LLC DUKE ENERGY FLORIDA, LLC DOCKET NO. 50-302 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 260 License No. DPR-72

1. The Nuclear Regulatory Commission (the Commission) having found that:

A. The application for amendment by Duke Energy Florida, LLC (herein DEF)

(the owner), dated June 14, 2019, 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 1; the NRC subsequently approved the transfer of licensed responsibility for the Crystal River Unit 3 Nuclear Generating Plant (herein the facility or CR3) to ADP CR3, LLC (herein ADP CR3), on October 1, 2020; B. Construction of CR3 has been substantially completed in conformity with Provisional Construction Permit No. CPPR-51 and the application, as amended, the provisions of the Act and the rules and regulations of the Commission; 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: (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 rules and regulations of the Commission; E. ADP CR3 is technically qualified and financially qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Commission; F. DEF 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 operating license will not be inimical to the common defense and security or to the health and safety of the public; Facility Operating License No. DPR-72 Amendment No. 260

(20) ADP CR3 must ensure that:

The NorthStar Group Services, Inc. (NorthStar) Member Representative of Accelerated Decommissioning Partners, LLC (ADP) (NorthStar Member Representative) has the responsibility and exclusive authority to ensure and shall ensure that the business and activities of ADP CR3 and ADP SF1 with respect to the CR3 license is at all times conducted in a manner consistent with the public health and safety, and common defense and security of the United States.

The NorthStar Member Representative, and any Chief Executive Officer (CEO) or Chief Nuclear Officer (CNO) of ADP or ADP CR3 appointed by NorthStar to serve in such office, shall be a U.S. citizen.

The licensees shall not approve or take any action involving matters necessary to ensure U.S. control without the approval of NorthStar. This includes any matters relating to nuclear safety, security, or reliability, the appointment of any CEO and CNO, and any successor thereof, or any other issue reasonably determined by NorthStar in its prudent exercise of discretion.

Changes to the ADP CR3, LLC Negation Action Plan may only be made upon recommendation of ADP CR3s CEO and approval by NorthStar. Any proposed change resulting in a decrease in the effectiveness of the plan will not be implemented without prior NRC approval. ADP CR3 will provide the NRC with 30 days prior written notice before the implementation of any material changes to the negation measures in the Limited Liability Agreement of Accelerated Decommissioning Partners, LLC dated February 7, 2017 (ADP LLC Agreement).

If at any time NorthStar is not required to have exclusive authority to approve any of the actions in Section 11.4(a) of the ADP LLC Agreement, any amendments to Section 11.4(a) must comply with applicable law, including Foreign Ownership, Control, or Domination requirements, and must be approved by the NRC.

D. Physical Security The licensee 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 10 CFR 72.212(b)(9) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Independent Spent Fuel Storage Installation Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 3, submitted by letter dated March 17, 2021, as supplemented by letter dated September 14, 2021.

E. Deleted per Amendment No. 247 Facility Operating License No. DPR-72 Amendment No. 260

SAFETY EVALUATION BY THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS RELATED TO AMENDMENT NO. 260 TO FACILITY OPERATING LICENSE NO. DPR-72 ADP CR3, LLC DUKE ENERGY FLORIDA, LLC CRYSTAL RIVER UNIT 3 INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NO. 50-302 The safety evaluation contains safeguards information and should be protected from public disclosure.

Enclosure 2