ML22074A131
| ML22074A131 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island, 07200077  |
| Issue date: | 06/07/2022 |
| From: | Amy Snyder Reactor Decommissioning Branch |
| To: | Rhoades D Constellation Energy Generation, Constellation Nuclear |
| Snyder A | |
| Shared Package | |
| ML22074A127 | List: |
| References | |
| EPID L-2021-SPR-0004 | |
| Download: ML22074A131 (9) | |
Text
SAFEGUARDS INFORMATION SAFEGUARDS INFORMATIONUNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer (CNO)
Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
THREE MILE ISLAND NUCLEAR STATION, UNIT 1 ISSUANCE OF AMENDMENT TO CHANGE THE SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN TO REFLECT AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION-ONLY CONFIGURATION (EPID NO. L-2021-SPR-0004)
Dear Mr. Rhoades:
On November 16, 2021, the U.S. Nuclear Regulatory Commission (NRC) issued an Order Approving Transfer of Exelon Generation Company, LLC Fleet Licenses and Draft Conforming License Amendments (Agencywide Documents Access and Management System [ADAMS]
Accession No. ML21277A248). On February 1, 2022, Constellation Energy, LLC notified the NRC that the Exelon Generation Company, LLC changed its name to Constellation Energy Generation, LLC and the indirect transfer of the cited licenses, to include Three Mile Island Nuclear Station, Unit 1 (TMI-1), located in Dauphin County, PA, was completed on February 1, 2022 (ML22032A333). Also, in the February 1, 2022, letter, Constellation Energy, LLC stated that:
Prior to the indirect license transfers, Exelon made docketed submittals to the NRC that requested specific licensing actions, such as license amendment requests, relief requests, exemption requests, etc. This letter requests that the NRC continue to process all pending licensing actions on the schedules previously requested by Exelon.
By letter dated April 29, 2021 (ML21145A183) Exelon Generation Company, LLC requested amendment to Renewed Facility License No. DRP-50 for TMI-1 and the approval of the proposed TMI-1 Independent Spent Fuel Storage Installation (ISFSI) Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (ISFSI Only Security Plan) and Alternative Measures. The proposed amendment would revise the TMI-1 license to reflect the requirements for an ISFSI only configuration, consistent with the permanent removal of all spent fuel from the spent fuel pool (SFP).
The NRC has issued the enclosed Amendment No. 305 to Renewed Facility Operating License No. DPR-50 for the Three Mile Island Nuclear Station, Unit 1 (TMI-1). The amendment is issued in response to the application dated April 29, 2021, (ML21145A183), as supplemented on May 26, 2022 (ML22146A349 (non-public)), pursuant to the provisions of Title 10 of the Code of ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLEDJune 7, 2022 SAFEGUARDS INFORMATION
D. Rhoades Federal Regulations (CFR) 50.4,10 CFR 50.54(p), 10 CFR 73.55(r), and 10 CFR 50.90. The enclosures to the April 29, 2021, application are not publicly available in ADAMS as they contain security-related and safeguards information. The amendment will revise the Title 10 of the Code of Federal Regulations (10 CFR) Part 50 license to reflect the requirements associated with the security changes set forth in the revised TMI-1 Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (the Plan) for the independent spent fuel storage installation (ISFSI) only configuration, upon the permanent removal of all spent fuel from the spent fuel pool.
The proposed changes to the TMI-1 plan reflect changes in the status of the nuclear power reactor based on certifications that the licensee has submitted under 10 CFR 50.82(a) for permanent cessation of power operations, permanent removal of fuel from the reactor vessel, and completion of the transfer of all irradiated fuel to the on-site ISFSI. The implementation of the proposed changes is predicated upon the completion of the transfer of all spent fuel to dry storage in casks within the ISFSI. The movement of all spent fuel to the ISFSI will occur within the existing protected area.
Additionally, the implementation of the proposed changes requires appropriate security measures to be in place during the transition from the current Plan to the ISFSI-only plan.
On July 6, 2021, the license amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; and order imposing procedures was published in the Federal Register (86 FR 35544). No comments or requests for a hearing were received.
The NRC staff consulted with the Commonwealth of Pennsylvania on March 9, 2022 (ML22068A179), regarding the proposed no significant hazard determination for the proceeding. The Commonwealth of Pennsylvania responded on March 10, 2021 (ML22070A120), stating:
The proposed TMI-1 ISFSI Only Security Plan license amendment request contains site specific security information (security plan and safeguards contingency plan) that is outside the purview of the Commonwealth of Pennsylvanias Nuclear Safety Oversight Program (PADEP).
The PADEP has no comments on the NRCs proposed No Significant Hazards Consideration (NSHC) determination for this proceeding and that it would meet the eligibility criteria for categorical exclusion from environmental review set forth in 10 CFR 51.22(c)(9).
The NRC staff concludes that there will be no significant construction impacts from a change in the physical security plan and that, in accordance with 10 CFR 51.22(c)(12), this action is categorically excluded from the requirement for an environmental assessment or environmental impact statement. The reason 10 CFR 51.22(c) applies is that the proposed action does not involve any major construction and the action is to amend the TMI-1 physical security plan.
For the reasons set forth in the safety evaluation in Enclosure 2 to this letter, the NRC staff has determined that the proposed TMI-1 ISFSI-only plan continues to meet the requirements in CFR 72.212(b)(9). As such, the TMI-1 ISFSI-only plan provides reasonable assurance that adequate protective measures can and will be taken in the event of an occurrence of a physical
ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED SAFEGUARDS INFORMATION SAFEGUARDS INFORMATIONsecurity contingency at the site.
The amendment approving the TMI-1 ISFSI-only plan is provided in Enclosure 1 to this letter. contains the NRC staffs associated safety evaluation which includes safeguards information and should be protected from public disclosure. The Notice of Issuance will be forwarded to the Office of the Federal Register for publication.
In accordance with 10 CFR 2.390 of the NRC's "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 ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
If you have any questions, please contact me at 301-415-6822, or via email at amy.snyder@nrc.gov.
Sincerely, Amy M. Snyder, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos. 50-289 and 72-77
Enclosures:
- 1. Amendment No. 305 - DPR-50
- 2. Safety Evaluation (Safeguards -
Withhold public) cc: via TMI-1 Listserv (w/o Enc. 2)
ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED Signed by Snyder, Amy on 06/07/22 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
CONSTELLATION ENERGY, LLC
DOCKET NOS. 50-289 AND 72-77
AMENDMENT TO RENEWED FACILITY OPERATING LICENSE
Amendment No. 305 License No. DPR-50
- 1. The Nuclear Regulatory Commission (the Commission or the NRC) has found that:
A. The application for license amendment filed by the Exelon Generation Company, LLC dated April 29, 2021 (Agencywide Documents Access and Management System Accession (ADAMS) No. ML21145A183), as supplemented on May 26, 2022 (ADAMS Accession No. ML22146A349 (non-public)), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and applicable portions of the Commissions regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made;
B. The facility will operate in conformity with the application, as supplemented, 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 set forth in 10 CFR Chapter I;
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, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.
ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED
Enclosure 1 2. Accordingly, the license is amended by changes to the TMI-1 LC 2.c.(3), Physical Protection of Renewed Facility Operating License No. DPR-50, and is hereby amended to read as follows:
Constellation Energy, LLC 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, submitted by letter dated April 29, 2021, (ML21145A183),
as supplemented on May 6, 2022 (ML22126A140) and May 26, 2022 (ADAMS Accession No. ML22146A349 ) is titled : "Three Mile Island Nuclear Station Independent Spent Fuel Storage Installation Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0." This set contains Safeguards Information protected under 10 CFR 73.21.
- 3. This license amendment is effective as of the date the licensee notifies the NRC in writing that all spent nuclear fuel assemblies have been transferred out of the spent fuel pool and have been placed in dry storage within independent spent fuel storage installation (ISFSI) and shall be implemented within 90 days of the effective date.
FOR THE NUCLEAR REGULATORY COMMISSION Shaun Anderson, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards
Attachment:
Change to Facility Operating License No. DPR-50 ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED Doell, Marlayna signing on behalf of Anderson, Shaun on 06/07/22
ATTACHMENT TO LICENSE AMENDMENT NO. 305
TO RENEWED FACILITY OPERATING LICENSE NO. DPR-50
DOCKET NOS. 50-289 AND 72-77
Replace the following page of the Renewed Facility Operating License No. DPR-50 with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the area of change.
Renewed Facility Operating License No DPR-50
REMOVE INSERT
ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY.
UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED
(2) Technical Specifications
The Technical Specifications contained in Appendix A, as revised through Amendment No. 302, are hereby incorporated in the license. Constellation Energy Generation, LLC shall maintain the facility in accordance with the Permanently Defueled Technical Specifications (PDTS).
Constellation Energy, LLC 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, submitted by letter dated April 29, 2021 (ML21145A183), as supplemented on May 6 2022 (ML22126A140) and May 26, 2022 (ML22146A349 (nonpublic)) is titled: "Three Mile Island Nuclear Station Independent Spent Fuel Storage Installation Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0." This set contains Safeguards Information protected under 10 CFR 73.21.
(4) DELETED
(5) DELETED
(6) lnservice Testing - DELETED
(7) Aircraft Movements - DELETED
(8) Repaired Steam Generators - DELETED
(9) Long Range Planning Program - DELETED
Sale and License Transfer Conditions
(10) Constellation Energy Generation, LLC shall provide to the Director of the Office of Nuclear Reactor Regulation or the Director of the Office of Nuclear Material Safety and Safeguards, as applicable, a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Constellation Energy Generation, LLC to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Constellation Energy Generation, LLC's consolidated net utility plant, as recorded on Constellation Energy Generation, LLC's books of account.
(11) DELETED
(12) DELETED
1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 305 Renewed License No. DPR 50
SAFEGUARDS INFORMATION
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
SAFETY EVALUATION BY THE OFFICE OF
NUCLEAR SECURITY AND INCIDENT RESPONSE
RELATED TO AMENDMENT NO. 305
TO RENEWED FACILITY OPERATING LICENSE NO. DPR-50
CONSTELLATION ENERGY, LLC
THREE MILE ISLAND NUCLEAR STATION, UNIT 1
DOCKET NOS. 50-289 AND 72-77
The safety evaluation contains safeguards information and should be protected from public disclosure.
ENCLOSURE 2 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED
Enclosure 2
SAFEGUARDS INFORMATION D. Rhoades
Three Mile Island, Unit 1 Issuance of Amendment to Change the Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan to Reflect an ISFSI-Only Configuration DATE June 7, 2022
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RidsRgn1MailCenterResource, RGN I ETabakov, NMSS/REFS/FAB DTifft, R-I/EAGLT JWeil, NMSS/DFM DMcIntyre, OPA ADimitriadis, R-I/DNMS/DIRHB SHammann, R-I/DNMS/DIRHB
- via email OFFICE NMSS/DUWP/RDB NMSS/DUWP/RDB NSIR/DPCP/MSB OGC/GCHA
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NAME ASnyder AS BWatson BW ARivera AR KGamin KG DATE Mar 21, 2022 Mar 21, 2022 Mar 21, 2022 Jun 7, 2022 OFFICE NMSS/DUWP/RDB NMSS/DUWP/RDB NAME SAnderson ASnyder AS MDoell for MD DATE Jun 7, 2022 Jun 7, 2022 OFFICIAL RECORD COPY