ML24190A001
| ML24190A001 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 09/26/2024 |
| From: | Richard Guzman NRC/NRR/DORL/LPL1 |
| To: | Rhoades D Constellation Energy Generation |
| References | |
| EPID L-2023-LLA-0114 | |
| Download: ML24190A001 (1) | |
Text
September 26, 2024 David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 - ISSUANCE OF AMENDMENT NOS. 252 AND 197 REGARDING THE REVISION TO TECHNICAL SPECIFICATION DESIGN FEATURES SECTION TO REMOVE NINE MILE POINT UNIT 3 PROJECT DESIGNATION (EPID L-2023-LLA-0114)
Dear David P. Rhoades:
The U.S. Nuclear Regulatory Commission (the NRC or Commission) has issued the enclosed Amendment No. 252 to Renewed Facility Operating License No. DPR-63 for the Nine Mile Point Nuclear Station, Unit 1 (NMP1), and Amendment No. 197 to Renewed Facility Operating License No. NPF-69 for the Nine Mile Point Nuclear Station, Unit 2 (NMP2). The amendment consists of changes to the technical specifications (TSs) in response to your application dated August 18, 2023, as supplemented by letters dated February 1, 2024, July 31, 2024, and September 20, 2024.
The amendment removes the Nine Mile Point 3 Nuclear Project, LLC (NMP3), designation from the NMP1 and NMP2 technical specifications (TSs), which is not applicable to the current design features of the NMP site. Specifically, Section 5.0, Design Features, (Section 5.1, Site and Figure 5.1-1) in the NMP1 TSs and Section 4.0, Design Features, (Figure 4.1-1) in the NMP2 TSs are revised to reflect as the TSs were at the time Constellation Energy Nuclear Group, LLC, the previous owners of NMP1 and NMP2, were pursuing a combined license for NMP3. Additionally, the name Entergy Nuclear FitzPatrick, LLC is revised in NMP1 TS Figure 5.1-1 as well as NMP2 TS Figure 4.1-1 to Constellation FitzPatrick, LLC, to reflect the current owner for the James A. FitzPatrick nuclear power plant site.
A copy of the NRC staffs Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commissions monthly Federal Register notice.
Sincerely,
/RA/
Richard V. Guzman, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410
Enclosures:
- 1. Amendment No. 252 to DPR-63
- 2. Amendment No. 197 to NPF-69
- 3. Safety Evaluation cc: Listserv
NINE MILE POINT NUCLEAR STATION, LLC CONSTELLATION ENERGY GENERATION, LLC DOCKET NO. 50-220 NINE MILE POINT NUCLEAR STATION, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 252 Renewed License No. DPR-63
- 1.
The U.S. Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Constellation Energy Generation, LLC, dated August 18, 2023, as supplemented on February 1, 2024, July 31, 2024, and September 20, 2024, 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 10 CFR Chapter I; B.
The facility will operate in conformity with the application, the provisions of the Act, and the 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.
- 2.
Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-63 is hereby amended to read as follows:
2.C.(2)
Technical Specifications The Technical Specifications contained in Appendix A, which is attached hereto, as revised through Amendment No. 252, is hereby incorporated into this license. Constellation Energy Generation, LLC shall operate the facility in accordance with the Technical Specifications.
- 3.
This amendment is effective as of its date of issuance and shall be implemented within 60 days of the date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Hipólito González, Chief Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Attachment:
Changes to the Technical Specifications and Renewed Facility Operating License Date of Issuance: September 26, 2024 HIPOLITO GONZALEZ Digitally signed by HIPOLITO GONZALEZ Date: 2024.09.26 14:24:08 -04'00'
ATTACHMENT TO LICENSE AMENDMENT NO. 252 NINE MILE POINT NUCLEAR STATION, UNIT 1 RENEWED FACILITY OPERATING LICENSE NO. DPR-63 DOCKET NO. 50-220 Replace the following page of the Renewed Facility Operating License with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.
Remove Insert 4
4 Replace the following pages of Appendix A, Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Insert 342 342 343 343 344 344 (1)
Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 1850 megawatts (thermal).
(2)
Technical Specifications The Technical Specifications contained in Appendix A, which is attached hereto, as revised through Amendment No. 252, is hereby incorporated into this license. Constellation Energy Generation, LLC shall operate the facility in accordance with the Technical Specifications.
(3)
Deleted D.
This license is subject to the following additional conditions:
(1)
NMP LLC will complete construction of a new radwaste facility in conformance with the design defined and evaluated in the FES, to be operational no later than June 1976.
(2)
Deleted by License Amendment No. 51 (3)
Deleted by License Amendment No. 51 (4)
Security, Training and Qualification and Safeguards Contingency Plans Constellation Energy Generation, 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 the provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) 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 Nine Mile Point Nuclear Station, LLC Physical Security, Safeguards Contingency, and Security Training and Qualification Plan, Revision 1, and was submitted by letter dated April 26, 2006.
Constellation Energy Generation, LLC shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensees CSP was approved by License Amendment No. 209 and modified by License Amendment No. 219. The licensee has obtained Commission authorization to use Section 161A preemption authority under 42 U.S.C 2201a for weapons at its facility.
(5)
Paragraph 2.D(5) of the license has been combined with paragraph 2.D(4) as amended above into a single paragraph.
Renewed License No. DPR-63 Revised by letter dated February 21, 2007 Amendment No. 195, 209, 214, 219, 220, 247, 250, 251, 252
5.0 DESIGN FEATURES 5.1 Site The Nine Mile Point Nuclear Station and James A. Fitzpatrick Nuclear Power Plant site comprising approximately 1500 acres, is located on the shores of Lake Ontario, about seven miles northeast of Oswego, New York. An exclusion distance of nearly 4000 feet is provided between the Station and the nearest site boundary to the west, a mile to the boundary on the east, and a mile and a half to the southern site boundary (as described in the Sixth Supplement of the FSAR).
Figure 5.1-1 is a Site Boundary Map of Nine Mile Point which allows the identification of gaseous and liquid waste release points. Figure 5.1-1 also defines the unrestricted area within the site boundary that is accessible (except for fenced areas) to member of the public.
5.2 Reactor The reactor core consists of no more than 532 fuel assemblies containing enriched uranium dioxide pellets clad in Zircaloy-2.
The core excess reactivity will be controlled by movable control rods and burnable poisons. The core will be cooled by circulation of water internally and external to the pressure vessel through recirculation loops.
5.3 (Deleted)
Amendment No. 142, 189, 212, 342
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(g)
(h)
(f)
(e)
(d)
(a)
(b)
(c)
NOTES TO FIGURE 5.1-1 (a)
NMP1 Stack (height is 350')
(b)
NMP2 Stack (height is 430')
(c)
JAFNPP Stack (height is 385')
(d)
Radioactive Liquid Discharge (Lake Ontario, bottom)
(e)
NMP2 Radioactive Liquid Discharge (Lake Ontario, bottom)
(f)
JAFNPP Radioactive Liquid Discharge (Lake Ontario, bottom)
(g)
Site Boundary (h)
Lake Ontario Shoreline Additional Information:
NMP2 Reactor Building Vent is located 187 feet above ground level JAFNPP Reactor and Turbine Building Vents are located 173 feet above ground level JAFNPP Radwaste Building Vent is 112 feet above ground level AMENDMENT NO. 142, 212, 344
NINE MILE POINT NUCLEAR STATION, LLC LONG ISLAND LIGHTING COMPANY CONSTELLATION ENERGY GENERATION, LLC DOCKET NO. 50-410 NINE MILE POINT NUCLEAR STATION, UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 197 Renewed License No. NPF-69
- 1.
The U.S. Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Constellation Energy Generation, LLC dated August 18, 2023, as supplemented on February 1, 2024, July 31, 2024, and September 20, 2024, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commission's rules and regulations set forth in 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 Commission's 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 Commission's regulations and all applicable requirements have been satisfied.
- 2.
Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. NPF-69 is hereby amended to read as follows:
2.C.(2)
Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 197, are hereby incorporated into this license. Constellation Energy Generation, LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
- 3.
This amendment is effective as of its date of issuance and shall be implemented within 60 days of the date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Hipólito González, Chief Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Attachment:
Changes to the Renewed Facility Operating License and Technical Specifications Date of Issuance: September 26, 2024 HIPOLITO GONZALEZ Digitally signed by HIPOLITO GONZALEZ Date: 2024.09.26 14:24:29 -04'00'
ATTACHMENT TO LICENSE AMENDMENT NO. 197 NINE MILE POINT NUCLEAR STATION, UNIT 2 RENEWED FACILITY OPERATING LICENSE NO. NPF-69 DOCKET NO. 50-410 Replace the following page of the Renewed Facility Operating License with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.
Remove Insert 4
4 Replace the following page of Appendix A, Technical Specifications, with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.
Remove Insert 4.0-4 4.0-4 (1)
Maximum Power Level Constellation Energy Generation, LLC is authorized to operate the facility at reactor core power levels not in excess of 3988 megawatts thermal (100 percent rated power) in accordance with the conditions specified herein.
(2)
Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 197 are hereby incorporated into this license. Constellation Energy Generation, LLC shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
(3)
Fuel Storage and Handling (Section 9.1, SSER 4)*
- a. Fuel assemblies, when stored in their shipping containers, shall be stacked no more than three containers high.
- b. When not in the reactor vessel, no more than three fuel assemblies shall be allowed outside of their shipping containers or storage racks in the New Fuel Vault or Spent Fuel Storage Facility.
- c. The above three fuel assemblies shall maintain a minimum edge-to-edge spacing of twelve (12) inches from the shipping container array and approved storage rack locations.
- d. The New Fuel Storage Vault shall have no more than ten fresh fuel assemblies uncovered at any one time.
(4)
Turbine System Maintenance Program (Section 3.5.1.3.10, SER)
The operating licensee shall submit for NRC approval by October 31, 1989, a turbine system maintenance program based on the manufacturers calculations of missile generation probabilities.
(Submitted by NMPC letter dated October 30, 1989 from C.D. Terry and approved by NRC letter dated March 15, 1990 from Robert Martin to Mr. Lawrence Burkhardt, III).
- The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report (SER) and/or its supplements wherein the license condition is discussed.
Renewed License No. NPF-69 Amendment 117 through 196 197
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SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION FOR AMENDMENT NO. 252 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-63, AND AMENDMENT NO. 197 TO RENEWED FACILITY OPERATING LICENSE NO. NPF-69 CONSTELLATION ENERGY GENERATION, LLC NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 DOCKET NOS. 50-220 AND 50-410
1.0 INTRODUCTION
By letter dated August 18, 2023, as supplemented by letters dated February 1, 2024, July 31, 2024, and September 20, 2024 (Agencywide Documents Access and Management System Accession No. ML23230A010, ML24032A005, ML24213A080, and ML24267A048, respectively), Constellation Energy Generation, LLC (CEG, the licensee) submitted a license amendment request (LAR) to revise the technical specifications (TSs) for Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 (NMP1 and NMP2, respectively).
The proposed changes would remove the Nine Mile Point 3 Nuclear Project, LLC (NMP3) designation from the NMP1 and NMP2 technical specifications (TSs) which is not applicable to the current design features of the NMP site. Specifically, Section 5.0, Design Features, (Section 5.1, Site and Figure 5.1-1) in the NMP1 TSs, and Section 4.0, Design Features (Figure 4.1-1) in the NMP2 TS would be revised to more closely reflect as they were prior to the issuance of License Amendments Nos. 212 (NMP1) and 142 (NMP2) dated July 12, 2012 (ML12157A556). These prior amendments were issued with reference to the NMP3 combined license (COL) application which was subsequently withdrawn by the applicant on November 26, 2013 (ML13333A287). In addition to the aforementioned proposed changes, the name Entergy Nuclear FitzPatrick, LLC would be revised in NMP1 TS Figure 5.1-1 as well as NMP2 TS Figure 4.1-1 to Constellation FitzPatrick, LLC, to reflect the current owner for the James A.
FitzPatrick nuclear power plant (JAFNPP) site.1 The changes proposed in this license amendment are considered administrative in nature. However, the regulations in Title 10 of the Code of Federal Regulations Section 50.59(c)(1)(i) require a licensee to submit a license amendment application pursuant to 10 CFR 50.90, if a change to the TSs is required.
1 By letter dated February 1, 2022 (ML22021B659), a conforming license amendment was issued by the NRC reflecting, in part, the renewed operating license for JAFNPP owned by Constellation FitzPatrick, LLC, and operated by Constellation Energy Generation, LLC (collectively, the licensees for JAFNPP).
The supplements dated February 1, 2024, July 31, 2024, and September 20, 2024 provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staffs original proposed no significant hazards consideration determination as published in the Federal Register on March 19, 2024 (89 FR 19610).
2.0 REGULATORY EVALUATION
Section 182a of the Atomic Energy Act requires applicants for nuclear power plant operating licenses to include TSs as part of the license. The U.S. Nuclear Regulatory Commission's (NRC) regulatory requirements related to the content of the TS are contained in 10 CFR 50.36, Technical specifications. The regulation in 10 CFR 50.36 requires applicants for nuclear power plant operating licenses to include TSs as part of the license. The regulation requires, in pertinent part, that the TSs include items in the following categories: (1) safety limits, limiting safety system settings, and limiting control settings, (2) limiting conditions for operation, (3) surveillance requirements, (4) design features, and (5) administrative controls. Specifically, the regulation in 10 CFR 50.36(c)(4), states, in part, that the design features to be included are those features of the facility such as material of construction and geometric arrangements, which, if altered, would have a significant effect on safety.
Licensees may revise the TSs provided that plant-specific review supports a finding of continued adequate safety because: (1) the change is editorial, administrative, or provides clarification (i.e., no requirements are materially altered), (2) the change is more restrictive than the licensees current requirement, or (3) the change is less restrictive than the licensees current requirement, but nonetheless still affords adequate assurance of safety when judged against current regulatory standards.
3.0 TECHNICAL EVALUATION
3.1 Background
On July 12, 2012, Nine Mile Point Nuclear Station, LLC (NMPNS, the licensee at the time of the submission) received License Amendment Nos. 212 and 142 (ML12157A556) for NMP1 and NMP2, respectively. The amendments were in response to an LAR submitted by NMPNS on July 20, 2011,2 and approved changes to the design features section of the TSs including the Site Area Boundary figures for each plant. The changes to the Site Area Boundary figures included a designated area for the proposed NMP3. The design features sections of the TSs (NMP1 Section 5.0, and NMP2 Section 4.0) which contain descriptions of the site, and collectively includes NMP1, NMP2, and JAFNPP. Figures are also provided in the TSs that depict locations of each plant relative to the site area and exclusion area boundaries, which are common for all three plants.
Prior to the July 20, 2011 LAR, Constellation Energy Nuclear Group, LLC (CENG), the previous owners of NMP1 and NMP2, submitted a COL application for the proposed NMP3. However, following the issuance of NRC License Amendment Nos. 212 and 142, the NMP3 COL application was withdrawn from the applicant, discontinuing all activities associated with the 2 By letter July 20, 2011 (ML11208C395), Nine Mile Point Nuclear Station, LLC (the licensee at the time of the submission) proposed a license amendment to revise the site descriptions contained in the Design Features sections of the NMP1 and NMP2 TSs to reflect the proposed transfer of a portion of the NMPNS site real property located outside of the NMPNS Protected Area to Nine Mile Point 3 Nuclear Project, LLC (NMP3), a subsidiary of UniStar Nuclear Energy, LLC.
proposed COL.3 Accordingly, there was no resulting transfer of any portion of the NMPNS site property to the proposed NMP3. Therefore, the associated TS changes for the aforementioned license amendments did not appropriately reflect the existing plant area boundaries and features of the NMP site.
3.2 Proposed Changes The NMP1 TS Section 5.0, Design Features, Section 5.1, Site currently reads:
The site area boundary and exclusion area boundary are as shown in Figure 5.1-1.
The low population zone is all the land within a circle with its center at the Nine Mile Point Unit 1 stack and a radius of four miles.
The licensee proposes to replace the aforementioned NMP1 TS Section 5.0, Design Features, Section 5.1, Site section with the following:
The Nine Mile Point Nuclear Station and James A. Fitzpatrick Nuclear Power Plant site comprising approximately 1500 acres, is located on the shores of Lake Ontario, about seven miles northeast of Oswego, New York. An exclusion distance of nearly 4000 feet is provided between the Station and the nearest site boundary to the west, a mile to the boundary on the east, and a mile and a half to the southern site boundary (as described in the Sixth Supplement of the FSAR).
Figures 5.1-1 is a Site Boundary Map of Nine Mile Point which allows the identification of gaseous and liquid waste release points. Figure 5.1-1 also defines the unrestricted area within the site boundary that is accessible (except for fenced areas) to member of the public.
The NMP1 TS Figure 5.1-1, Site Boundaries, Nine Mile Point - Unit 1, and NMP2 TS Figure 4.1-1, Site Area and Land Portion of Exclusion Area Boundaries, would be revised to reflect more closely as they were prior to the issuance of the License Amendments Nos. 212 and 142 (NMP1 and NMP2, respectively).
The following footnote is proposed for deletion from both NMP1 TS Figure 5.1-1, Site Boundaries, Nine Mile Point - Unit 1, and NMP2 TS Figure 4.1-1, Site Area and Land Portion of Exclusion Area Boundaries,:
Nine Mile Point Nuclear Station, LLC has easements to access and use the property owned by Nine Mile Point 3 Nuclear Project, LLC for security, emergency preparedness, and site monitoring purposes, by Agreement.
The following notes to NMP1 TS Figure 5.1-1 would be reinserted:
(a)
NMP1 Stack (height is 350)
(b)
NMP2 Stack (height is 430)
(c)
JAFNPP Stack (height is 385)
(d)
Radioactive Liquid Discharge (Lake Ontario, bottom) 3 By letter dated November 26, 2013 (ML13333A287), UniStar Nuclear Energy, LLC (UniStar), submitted a request to the NRC to withdraw the Nine Mile Point 3 Nuclear Power Plant (NMP3NPP) COL application from the docket.
(e)
NMP2 Radioactive Liquid Discharge (Lake Ontario, bottom)
(f)
JAFNPP Radioactive Liquid Discharge (Lake Ontario, bottom)
(g)
Site Boundary (h)
Lake Ontario Shoreline Additional Information:
NMP2 Reactor Building Vent is located 187 feet above level JAFNPP Reactor Building and Turbine Vents are located 173 feet above ground level JAFNPP Radwaste Building Vent is 112 feet above ground level The following labels to NMP2 TS Figure 4.1-1 would be reinserted:4 x
NMP2 Liquid Discharge x
Nuclear Learning Center x
Energy Information Center x
NMP2 Stack x
Meteorological Tower x
Reactor Building Vent Additionally, the name Entergy Nuclear FitzPatrick, LLC would be revised in NMP1 TS Figure 5.1-1 and NMP2 TS Figure 4.1-1 to Constellation FitzPatrick, LLC to reflect the name of the current owner for JAFNPP.
3.3
NRC Staff Evaluation
3.3.1 NMP1 TS Section 5.1, Site The first paragraph of NMP1 TS Section 5.1 is being reverted to more closely reflect the TS prior to the issuance of License Amendment No. 212 (NMP1) which described the NMPNS and JAFNPP site location and distances from NMP1 to the site boundary. The proposed change does not impact the existing design features or site area boundaries, nor does it involve any physical or operational changes to the facility. Since the proposed change is to more closely reflect the existing features of the plant and is administrative in nature, the NRC staff concludes the change is acceptable.
The second paragraph of NMP1 TS Section 5.1 is also being reverted to more closely reflect the TS prior to the issuance of License Amendment No. 212 (NMP1) which referenced Figure 5.1-1 and provided a description of the site boundary, identification of gaseous and liquid waste release points, and the unrestricted areas within the site boundary that are accessible to members of the public. The proposed change does not impact the existing design features or site area boundaries, nor does it involve any physical or operational changes to the facility.
Since the proposed change is to more closely reflect the existing features of the plant and is administrative in nature, the NRC staff concludes the change is acceptable.
4 In the supplement dated September 20, 2024 (ML24267A048), the licensee submitted an updated markup page for the NMP2 TS Figure 4.1-1, correcting the associated page submitted in the prior July 31, 2024, supplemental letter.
3.3.2 NMP1 TS Figure 5.1-1 and NMP2 TS Figure 4.1-1 TS Figure 5.1-1 (NMP1) and TS Figure 4.1-1 (NMP2) are being revised to more closely reflect as the figures were in the TSs prior to the issuance of License Amendment Nos. 212 and 146 (NMP1 and NMP2, respectively). The prior amendments approved changes to the TS figures, primarily to designate the site area boundaries for the proposed NMP3 nuclear project, and include an applicable footnote related to the licensees access to easements and use of the property owned by Nine Mile Point 3 Nuclear Project, LLC. The prior amendments also approved the removal of several administrative notes and labels for the figures in NMP1 and NMP2, respectively. The notes and labels provide the identification of, and additional height information for adjacent facility locations as detailed in section 3.2 of this safety evaluation. The NRC staff has determined the proposed changes to the TS figures do not impact the current design features or site area boundaries, nor do they involve any physical or operational changes to the facility. The NRC staff confirms that the NMP3NPP COL application was previously withdrawn from the docket, all activities associated with the NMP3 COL were discontinued, and there was no transfer of any portion of the NMPNS property to the proposed NMP3.5 Since the proposed changes appropriately remove the prior TS changes that were intended to reflect the NMPNS site property transfer to the proposed NMP3, and reinserts associated TS figure notes and labels that are administrative in nature, the NRC staff concludes the changes are acceptable.
The reference to Entergy Nuclear FitzPatrick, LLC in NMP1 TS Figure 5.1-1 and NMP2 TS Figure 4.1-1 is replaced with Constellation FitzPatrick, LLC to reflect the current ownership of JAFNPP, which is adjacent to NMPNS and shares the same site boundary. Since the proposed change appropriately updates the current ownership of JAFNPP and is administrative in nature, the NRC staff concludes the change is acceptable.
3.3.3 Additional Changes to TS Figures In its supplemental letter dated July 31, 2024, the licensee proposed to delete the illustration of the railroad tracks and insert a Unit 2 label designation for both TS Figure 5.1-1 (NMP1) and TS Figure 4.1-1 (NMP2). The licensee provided updated markups in the supplemental letter dated July 31, 2024, to provide additional clarity of these additional changes. Following the July 31, 2024, letter, the licensee determined that the proposed changes to the NMP2 TS markup for Figure 4.1-1 were not fully captured in the previously submitted TS markup. Accordingly, in its supplemental letter dated September 20, 2024, the licensee submitted a corrected markup for TS Figure 4.1-1, specifically to include the labels for the structures listed in Section 3.2 of this safety evaluation. The NRC staff notes that these proposed changes were previously approved in License Amendment Nos. 212 and 146 in NMP1 and NMP2, respectively. Nonetheless, the proposed changes do not impact the existing design features or site area boundaries, nor do they involve any physical or operational changes to the facility. Since the proposed changes provide additional clarity and accuracy to the existing features of the plant and are administrative in nature, the NRC staff concludes the changes are acceptable.
5 On March 31, 2014, the staff issued a letter (ML14055A517) notifying UniStar that their request to have the NMP3NPP COL application withdrawn from the docket had been granted in accordance with regulations set forth in 10 CFR 2.107.
3.
3.4 NRC Staff Conclusion
Based on the above evaluation, the NRC staff concludes that 10 CFR 50.36(c)(4) will continue to be met because the changes to Section 5.0, Design Features, (Section 5.1, Site and Figure 5.1-1) in the NMP1 TS and Section 4.0, Design Features, (Figure 4.1-1) in the NMP2 TS appropriately reflect the current design features of the plants and the changes are administrative. Therefore, the changes are acceptable.
4.0 STATE CONSULTATION
In accordance with the Commissions regulations, the New York State official was notified of the proposed issuance of the amendments on July 3, 2024. The State official had no comments.
5.0 ENVIRONMENTAL CONSIDERATION
The amendments change requirements with respect to the installation or use of facility components located within the restricted area as defined in 10 CFR Part 20 and otherwise makes editorial, corrective or other minor revisions. The NRC staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendments involve no significant hazards consideration, as published in Federal Register on March 19, 2024 (89 FR 19610), and there has been no public comment on such finding. Accordingly, the amendments meet the eligibility criteria for categorical exclusion as set forth in 10 CFR 51.22(c)(9) and (c)(10)(v). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendments.
6.0 CONCLUSION
The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.
Principal Contributor: R. Guzman, NRR/DORL Date: September 26, 2024
ML24190A001 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DSS/STSB/BC NAME RGuzman KZeleznock KWest for SMehta DATE 08/12/2024 08/12/2024 08/15/2024 OFFICE OGC (NLO)
NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME ALeatherman HGonzález RGuzman DATE 09/24/2024 09/26/2024 09/26/2024