ML22102A248
| ML22102A248 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 04/14/2022 |
| From: | Scott Wall NRC/NRR/DORL/LPL3 |
| To: | Entergy Nuclear Operations |
| Wall S, NRR/DORL/LPL3 | |
| References | |
| EPID L-2021-LLA-0099 | |
| Download: ML22102A248 (7) | |
Text
April 14, 2022 Vice President, Operations Entergy Nuclear Operations, Inc.
Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530
SUBJECT:
PALISADES NUCLEAR PLANT - REQUEST FOR ADDITIONAL INFORMATION REGARDING LICENSE AMENDMENT REQUEST FOR PERMANENTLY DEFUELED AMENDMENT REQUEST (EPID L-2021-LLA-0099)
Dear Sir or Madam:
By application dated June 1, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21152A108), Entergy Nuclear Operations, Inc. (ENO) requested changes to Renewed Facility Operating License (RFOL) No. DPR-20 for Palisades Nuclear Plant (PNP). Specifically, ENO requested an amendment to revise the PNP RFOL, including the Appendix A technical specifications (TSs) and Appendix B environmental protection plan, to reflect the permanent cessation of operations and permanent removal of fuel from the reactor vessel.
The U.S. Nuclear Regulatory Commission staff has reviewed the submittals and determined that additional information is needed to complete its review. The specific questions are found in the enclosed request for additional information (RAI). By email dated April 14, 2022, the Entergy staff indicated that a response to the RAI would be provided by May 16, 2022.
If you have questions, please contact me at 301-415-2855 or via e-mail at Scott.Wall@nrc.gov.
Sincerely,
/RA/
Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255
Enclosure:
Request for Additional Information cc: Listserv
Enclosure REQUEST FOR ADDITIONAL INFORMATION LICENSE AMENDMENT REQUEST FOR PERMANENTLY DEFUELED AMENDMENT REQUEST ENTERGY NUCLEAR OPERATIONS, INC.
PALISADES NUCLEAR PLANT DOCKET NO. 50-255 By application dated June 1, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21152A108), Entergy Nuclear Operations, Inc. (ENO) requested changes to Renewed Facility Operating License (RFOL) No. DPR-20 for Palisades Nuclear Plant (PNP). Specifically, ENO requested an amendment to revise the PNP RFOL, including the Appendix A technical specifications (TSs) and Appendix B environmental protection plan, to reflect the permanent cessation of operations and permanent removal of fuel from the reactor vessel.
The U.S. Nuclear Regulatory Commission (NRC, the Commission) staff reviewed the submittal and determined that the following additional information is needed to complete its review.
NRR-DORL-01 Applicable Regulation and Guidance Title 10 of the Code of Federal Regulations (10 CFR) Part 50.2, Definitions, states, in part:
License means a license, including a construction permit or operating license under this part.
10 CFR 50.51, Continuation of license, states, in part:
(b)
Each license for a facility that has permanently ceased operations, continues in effect beyond the expiration date to authorize ownership and possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is terminated. During such period of continued effectiveness, the licensee shall -
(1)
Take actions necessary to decommission and decontaminate the facility and continue to maintain the facility, including, where applicable, the storage, control and maintenance of the spent fuel, in a safe condition, and (2)
Conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific 10 CFR part 50 license for the facility.
Issue On February 21, 1991, the NRC issued an operating license for PNP in accordance with 10 CFR Part 50. This operating license was renewed on January 17, 2007, in accordance with 10 CFR Part 54.
The licensee plans to permanently shut down PNP by May 31, 2022. In accordance with 10 CFR 50.82(a)(2), upon docketing of the licensees certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, the 10 CFR Part 50 license no longer authorizes operation of the reactor or emplacement or retention of the fuel in the reactor vessel. The LAR proposes changes to the license to reflect the permanent shutdown of the facility. These changes include removing the word operating from the PNP license when the word appears in renewed facility operating license or renewed operating license (except that this change was not proposed for License Finding 1.C).
However, docketing of the certifications under 10 CFR 50.82(a)(2) does not change the form of the licenseunder 10 CFR 50.51(b), the operating license continues in effect until the Commission notifies the licensee in writing that the license is terminated. Therefore, PNP would continue to have a renewed facility operating license in accordance with 10 CFR Parts 50 and 54.
The NRC staff recognizes that there have been prior cases for other facilities where it authorized removing the word operating from the license when the word appeared in renewed facility operating license or renewed operating license. However, the license is still an operating license, and there are regulations that apply specifically to operating license, not a generic facility license. To ensure clarity regarding the applicability of such regulations and the nature of the license itself, the term operating should remain when renewed facility operating license or renewed operating license is used.
Request Provide a regulatory justification for removing the word operating when it appears in the phrases renewed facility operating license or renewed operating license in the following portions of the PNP license; or confirm that these requested changes are no longer applicable and are withdrawn:
License Title License Finding 1.A, License Finding 1.E License Finding 1.F License Finding 1.H License Finding 1.I License Finding 1.J License Condition 2 License Condition 2.C Appendix A, Technical Specification Title Page Appendix B, Environmental Protection Plan Title Page NRR-DORL-02 Applicable Regulation and Guidance 10 CFR 50.57, Issuance of operating license, states, in part:
(a)
Pursuant to § 50.56, an operating license may be issued by the Commission, up to the full term authorized by § 50.51, upon finding that:
(2)
The facility will operate in conformity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and.
10 CFR 50.92, Issuance of amendment, states, in part:
(a)
In determining whether an amendment to a license, construction permit, or early site permit will be issued to the applicant, the Commission will be guided by the considerations which govern the issuance of initial licenses, construction permits, or early site permits to the extent applicable and appropriate.
Issue Currently, License Finding 1.D reads:
The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; The licensee proposed License Finding 1.D to read:
The facility will be maintained in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; License Finding 1.D is an NRC finding, not a license condition, and the wording reflects the finding required by 10 CFR 50.57(a)(2) that the NRC made when issuing the operating license.
Thus, when the operating license was issued, and when it was renewed, the current language in License Finding 1.D was designed to mirror the language of 10 CFR 50.57(a)(2). When issuing amendments, the NRC staff uses the same 10 CFR 50.57(a)(2) language since 10 CFR 50.92(a) requires the staff to be guided by the considerations which govern the issuance of initial licenses to the extent applicable and appropriate.
The NRC staff recognizes that there have been prior cases for other facilities where it authorized changing the pertinent finding language from will operate to will be maintained.
However even though operation of the reactor will not be allowed after the 10 CFR 50.82(a) certifications are docketed, the facility will operate language in 10 CFR 50.57(a)(2) is still applicable and appropriate since this language can refer to operation of the facilitys systems, structures and components (SSCs) during decommissioning. This position was explained in the recently published proposed rule Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning (87 FR 12254; March 3, 2022) on page 12297.
Request Provide a regulatory justification for changing the wording of License Finding 1.D from will operate to will be maintained, or confirm that this specific License Finding 1.D change request is no longer applicable and is withdrawn.
ML22102A248 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LSPB/LA OGC - NLO NAME SWall SRohrer MSpencer DATE 04/11/2022 04/12/2022 04/13/2022 OFFICE NRR/DORL/LPL3/BC NRR/DORL/LPL3/PM NAME NSalgado SWall DATE 04/14/2022 04/14/2022