NL-08-123, License Amendment Request Application for Licensee Name Changes to Equagen Nuclear LLC and Enexus Nuclear Indian Point 2, LLC

License Amendment Request Application for Licensee Name Changes to Equagen Nuclear LLC and Enexus Nuclear Indian Point 2, LLC

ML082840581
Person / Time
Site:	Indian Point
Issue date:	09/30/2008
From:	Joseph E Pollock Entergy Nuclear Indian Point 2, Entergy Nuclear Operations
To:	Document Control Desk, NRC/FSME
References
NL-08-123
Download: ML082840581 (14)

Text

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, N.Y. 10511-0249

.Entergy Tel (914) 734-6700 J. E. Pollock Site Vice President September 30, 2008 Re: Indian Point Unit 1 Docket No. 50-3 License No. DPR-5 NL-08-1 23 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001

SUBJECT:

Entergy Nuclear Operations, Inc.

Unit 1 License Amendment Request Application for Licensee Name Changes

REFERENCES:

1) Entergy letter ENOC-08-000027 dated May 2, 2008; Supplemental Information #6 Relating to Application for Order Approving Indirect Transfer of Control of Licenses.

2) NRC Order Approving Indirect Transfer of Facility Operating License dated July 28, 2008 (TAC NO. MD6180)

Dear Sir or Madam:

In accordance with the provisions of 10 CFR 50.90, Entergy Nuclear Operations, Inc.

(ENO) and Entergy Nuclear Indian Point 2, LLC propose to amend the Operating License by changing the names of the licensees to EquaGen Nuclear LLC and Enexus Nuclear Indian Point 2, LLC, respectively. The name change request in Reference 1 has been approved by the NRC in Reference 2. The proposed changes result from restructuring transactions involving the ownership structure for various corporate entities as discussed in the referenced order. Attachment 1 provides the proposed name changes to the Operating License.

ENO has evaluated whether a significant hazards consideration is involved with the proposed administrative license amendment by focusing on the three standards set forth in 10 CFR 50.92. The proposed amendment would only change the names of the licensees and reflect associated order requirements. The proposed changes do not involve a significant increase in the probability or consequences of an accident

Docket No. 50-3 NL-08-123 Page 2 of 3 previously evaluated. The proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. The proposed changes do not involve a significant reduction in a margin of safety. Therefore, ENO concludes that the proposed administrative license amendment involves no significant hazards consideration under the standards set forth in 10 CFR 50.92 and a finding of no significant hazards consideration" is justified.

ENO has determined that the proposed changes satisfy the criteria for a categorical exclusion in accordance with 10 CFR 51.22 (c)(21) and do not require an environmental review. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared for these changes.

There are no commitments in this letter.

ENO requests approval of the proposed License Amendment by April 2, 2009. Once approved, the amendment should be implemented within 180 days of its effective date, provided that the proposed restructuring transactions have been completed.

In accordance with 10 CFR 50.91(b), a copy of this application, with the associated attachments, is being provided to the designated New York State official.

Should you have any questions concerning this submittal, please contact Mr. Bryan Ford at 601-368-5516.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on the 7 day of September, 2008.

Sincerely Pollock Site Vice President Indian Point Energy Center

Attachment:

1. Operating License Proposed Changes to Unit No. 1 cc: next page

Docket No. 50-3 NL-08-123 Page 3 of 3 cc:

Mr. Samuel J. Collins, Regional Administrator, NRC Region 1 Mr. Theodore Smith, Project Manager, NRC FSME DWMEP NRC Resident Inspectors Office, Indian Point 2 Mr. Paul Eddy, NYS Department of Public Service Mr. Robert Callender, Vice President, NYSERDA to NL-08-123 Operating License Proposed Changes Unit No. 1

Subsequently, Entergy Nuclear Indian Point 2,iLLC and Snew names: Enexus Nuclear Indian Point 2, LLC (ENIP2) and EquaGen Nuclear LLC (EN).

WAHIGT nC. 2O55-O ew na es

." ,ER*YNUCLEARINDIAN POINT 2. LLCPoin * -- LL N.-C1 oint2, LC Inian ucler Ente~gy famndmEaent o5 Lcnd seNouclearR.A*oE

" - Th.AomiEnrg/Nulea Rgul atory Com'mission (thie Commission) haviing :found that*  :-'. -

a. Theappliationfor aendmet bythe Cno " idaeEiso Coman oNew York i": ':/ ':Inc. (-ConEdison) -andEntergy Nuclear Indiani Po'int"2,"LLC.(N* ) and"Erit'ergy ::

...::,' :" ..... .Nuclear.Operations;. Inc.. (ENO) submitted under~cover letter dated Dec~ember 12;,

V as SUpplemented byletters dated)Apil.12, 2001,fom0n Eison and dated IA2000, April.16, May24, June:. & and June 8,20010;0frn-:` and ENOcomplieswith the

, i * -. st~andards and re~quirements.-ofthe Atomic Energy A~ct. of :1954,;:as amended :(the Act),..

. " ' ~~and. the :Commission's rUles, and regulations as set forth in-10 CFR Chapter I;j..' '

in excess of 6,15: Mw(t)in, accordance *withl this licenSse, as ~amended,; :without.".", :- .. "

endangering thieheal!th and safety of the public and: (ii) th~at such' activties will be conducted in compliance with the rules and regul~ations of the Commission; ' '.

• . ' c. EN :technically and financially qualified landENIp2 is fnancially qu,*lified to..i.! :;-:,.

engage in' the activities authorized by this license, as amended,; in accordance With',*.: .

," ;.. ~the rules and regulations Of the Coemmission;'," ..  :,." "",i ;.. ",..,:

d. ENIP2 and EN9 9 ve furnished proof of financial protection to satisfy the:*I requirements of 10 CFR, Part 140;

e. The issuance of this amended license Will not be inimical to the common defense and security or to the* health and safety of the public; '.

Provisional operating. License: No..DPR-5 is hereby, amended in its entirety: to read. as follows:

1. This license applies to the utilization :facility consisting of a pressurized water reactor,.

-(hereinafter-referred to as 'the reactor), and. associated components, and equipment..*..

• hereinafter specified, which' is owned by ENiP2, located in Westchester.County, New York,I, and. described in the amended and. Substituted Application for* Licenses daited November.

30, 1960, as amended; in the Application for License-amendment dated April 6, 1965,. as,...

.. . Amendment N. 50

supplemented May 6, 1965; and in the Application for License amendment dated December 3, 1965 (hereinafter referred to as 'the application'), and which is a part of the electric generating plant which has been designated by ENIP2 as the Indian Point Station Unit No. 1.

2. Subject ito the conditions and requirements incorporated herein, the U.S. Nuclear Regulatory Commis*ion hereinafter referred to as "thee Commission") hereby licenses::

A. ENIP2 and E*N *ui'suant 0o S.ctiOnh 104b., oftheAct and Title 10 Amdt. 45I CFR Part50Q,,"Licensingi of,rPr.oduction and Utilization Ficilities," to 1-31-9'6 ppssss bt nt ~prae the, faiity attte designated location. in Wsesr Cony, New Yok, in ccq(rdapric ith the, procedures and limitations discribed in the application and this Iicehse:;<

Bp. EN ursuanit'to the Acthn 10CFRPa'rtd:

ogram o7c, pi d'-recie o n possess upto19,18 kil of previously,,rceiv*e fo6rreactor opeDration;-C ,

C. ENdursuantito the Act andTitle 10 CFR, Chapter 1, Part 70, "Special Nu6clear Material," to receive,, possess and use six (6) grams of uranium-235 in fission counters;.

D. E ....... .... ... a d...... " " n n of Dursuant to the Act and Title 10, CFR, Chapter 1; Part 30, Licensig of Byproduct Material," to receive, possess and use six hundred. (600) curies of Plutonium-210 encapsulated as Po-Be neutron star-up sources;.

E. EN ursuant to the Act and 10 CFR Parts 30'and 70, to receive[ Amdtl 45 I and possess, but not to separate, such byproduct and special 1-31-9 6 materials as were produced by the prior operation of the facility; F.' Erý4,' Pursuant to the Act and Title 10:, CFR, Parts 30 and.70, to possess and store the 1140..46 kilograms .of special nuclear'material and the byproduct materials contained'in-Core A...

3. This license shall be deemed to contain and is subject to the conditions specified in Sections 50.54 and 50.59 of Part 50, Section 70.32 of Part 70, Section 40.41 of Part 40, and Section 30.32 of Part 30 of the Commission's regulations; is subject to all applicable provisions of the Act and rules; regulations and orders of the Commission now and hereafter in effect; and-is subject to the additional conditions specified below:

A. Maximum Power Level Amdt. 45 1-31-96 ENA, s prohibited from taking the reactor to criticality, and the I facility shall not be operated at any power level.

Amendment No. 50

/

B. Technical Specifications Amdt. 45 1-31-96 The Technical Specifications contained in ppendices A and B, as revised through Amendment No-, are hereby incorporated in the license. EN$`ihalI. maintain the facility in accordance with the Technical Specifications.

C. Records, In addition to thogeotherwise required under this license and applicable regulations, ENfhall keep the following records:

(1)) Reactor operating records, including power levels and period of operationateachpower level.

Rec ords showing the radioactivit releasjr discharged into the air or (2

-- controEl water b~e~yondthei- effective a~s mea~sured at or prior to the point of suchirelease or discharge..

(3) Records of scrams, including reasons therefor.

(4) Records of principal maintenance operations involving substitution or replacement of facility equipment or components and the reasons therefor.

(5) Records of radioactivity measurements at on-site and off-site monitoring stations.:

(6) Records of facility tests and measurIements performed pursuant to the requirements of the Technical Specifications.

D. ENI hallfully implement and maintain in effect all provisions Amdt. 41 of the physical'security, guard training and qualification, and,, 1-2-90 safeguards contingency plans previously approved by. the.; .

Commission and all amendments and revisions to'such plans made pursuant to the authority of 10 CFR 50.90 and, 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Indian Point Station, Units I and 2 Physical Security Plan," with revisions submitted through July 25, 1989; "Indian Point Station, Units 1 and 2, Security Guard Training and Qualification Plan,"with revisions submitted through December 8, 1986; and "Indian Point Station, Units I and 2, Safeguards Contingency Plan," with revisions submitted through November 7, 1986.

Paragraphs 3.E and 3.F are hereby deleted. Amdt. 39

• 7-6-88 Amendment No.

0. An instrument system, including detectors, transmitters, amplifiers, receivers and controllers, panel boards and necessary circuitry to control the reactor and associated systems.

P. A radiation monitoring system, including detectors and measuring devices.

Q. Secondary coolant system.

R. Auxiliary steam system.

S. Condensate and make-up water storage facilities.

T. Circulating system.

U. Component'drain system.

V. Sami plinfg system.

W. Electrical system, excluding transmission lines and the Buchanan substation to the extent that,they are not covered in the Technical Specifications.

6. On the closing date of the transfer of the license, Con Edison shall, transfer to ENIP2 all of the accumulated decommissioning trust funds for Indian Point Nuclear Generating Unit No. 1,(IPI) and such additionalfunds to be deposited in the decommis-sioninig trusts-forlPi such that the total amount transfeired for IPI and Indian Point Nuclear Generating Unit No. 2 (IP2) is no less than $430,000,000.

Furthermored ENIP2 shall-either (a)establish a provisional trust for decommi~ssioninglfundinglaissurance foIaPI and IP2 inh an a nouýnt nless than'

$25,000,000 (to be updated as required under applicable NRC regulations, unless otherwise approved by the NRC) or (b) obtain a surety bond for an amount no less than $25,000,000 (to be updated as required under applicable NRC regulations, unless otherwise approved by the NRC). The total.:decommissioning funding6.:i assurance provideadfor 1P1 by the combination of the decommissioning trust and the prov'isional trust or suretyybond at the time of transferof the licenses shall be at a level no less than the amounts calculated pursuant to, and required under, 10 CFR 50.75. The decommissioning trust, provisional trust, and surety bond shall be subject to or be consistent with the following requirements, as applicable:

(a) Decommissioning Trust (i) The decommissioning trust agreement must be in a form acceptable to the NRC. tvt ~ naia'y ok#ot' (ii) With respect to the decommissioning trust funds, inv stments in the 'V E securities or other obligations ofyt orJ_ lia s t e ,-

subsidiaries, successors, or assigns are and shall be prohibited. Except for investments tied to market indexes or other non-nuclear-sector mutual Amendment No. 50

funds, investments in any entity owning one or more nuclear power plants are and shall be prohibited.

(iii) No contribution to the funds that consists of property other than liquid assets shall be permitted.

(iv) The decommissioning trust agreement must provide that no disbursements or payments from the trusts, other than for ordinary administrative expenses, shall be made by the trustee. unless the trustee has first given the Director of the Office of Nuclear Reactor Regulation 30 days prior written notice of payment. The decommissioning trust agreement shall further contain a provision'that no disbursemelntS or payments from the trusts shall be made if the trustee receives prior written notice of objection from the NRC.

(v) The decommissioning trust agreement must provide that the agreement cannot beamen'ded in a"nymateriall respect without 30 daysprior written notification to the Director of thef Office of Nuclear Reactor Regulation.

(vi) The appropriate section of the decommissioning trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trusts shall adhere to a "prudent investor" standard, as specified in 18 CFR 35.32(a)(3) of the Federal Energy Regulatory Commission's regulations.

(b) Provisional Trust: *C .- g)CL4S

. ,e4ey o,-q,-o (i) The provisional trust agreement must be in a form cceptable to the NRC.

(ii) Investments in the securities or other obligations of or

),iffiliates,subsidiaries, successors, or assigns are and shall be

-r blqeiv' --15rohibited. Except for investments tied to marketindexes or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear power plants are and shall be prohibited.

(iii) The provisional trust agreement must provide that no disbursements or payments from the trust, other than for ordinary administrative expenses, shall be made by the trustee unless the trustee has first given the Director of the Office of Nuclear Reactor Regulation 30 days prior written notice of payment. The provisional trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the NRC.

(iv) The provisional trust agreement must provide that the agreement cannot be amended in any material respect, or terminated, without 30 days prior written notification to the Director of the Office of Nuclear Reactor Regulation.

Amendment No. 50

(v) The appropriate section of the provisional trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard, as specified in 18 CFR 3.5:32(a)(3) of the Federal Energy Regulatory Commission'sregulations."...

(vi) Use of assets in the. provisional trust, in the.first instan~ce, shall be limited to the expenses related to `decommissioning IP1 or IP2 as defined by the NRC in its regulations and issuances, and as provided in this license and any amendments thereto.'"

(c) Surety Bond (i) The surety bond agreement must be in a form acceptable tothe NRCand be in acco rdan'ce With all applicable NRC regulations.

(ii), The surety company providing any surety, bond. obtained to comply with the requirements. of the Order approving the transfer shall beone of those.-:,

listed by the U.S. Department of the Treasury. in the most recent edition of Circular 570 and shall, have a coverage, limit sufficient to cover the amount of the surety bond:

(iii) ENIP2 shall establish a standby trust to receive funds from the surety bond, if a surety bond is obtained, in the event that ENIP2. defaults on its funding obligations for the decommissioning of IPI.' The standby trust agreement must be in a form acceptable to the NRC, and shall conform with all conditions otherwise applicableto the decommissioning trust agreement, and with all condition's that~wouidý be appiicable to the provisional trust above, ifestablished..

(iv) The surety agreement must provide that the agreement cannot be amended in any material respect, or terminated, without 30 days prior written notification to the Director of the Office of Nuclear Reactor-Regulation.

7. ENIP2 shall take all necessary steps to ensure that thedecommissioning trusts are maintained in accordance with tJle application for approval of the transfer of the IP1 and IP2 licenses to ENIP2 and EN 'indthe requirements of the Order approving the transfer, and consistent with the safety evaluation supporting that Order.

biex,4r c C~oe,-'- y C

8. ENIP2 and ENtshall take no action cause.EntcrGubal Iiivtý ,-e-,,

... e.

-ntr nat-I*-"a Ltd. L

' C c*r t* pýre

.... an... o void, cancel, or modify the 4,iT7cC),J$million contingency commitment to provide funding for the IP1 and IP2 plants as represented in the application without the prior written consent of the Director of the Office of Nuclear Reactor Regulation.

. Amendment No. 50 ,

Appendix A to Provisional Operating License DPR-5 for i~eF@ NUclear Indian Point 2, LLC and-ES .gNuclear ,.i,,n,, ...

L.LC Indian Point Station Unit No. 1 -

Docket No. 50-3 Amendment No. 50

Appendix A to Provisional Operating License DPR-5 For the

--ý- *"eNuclear Indian. Point 2, LLC and-6niefy Nuclear Q*e, Akims-,t,

-A &

1.0 GENERAL INFORMATION The facility, known as the, indian Point Station Unit No., 1, is located on a site in the Village of Buchanan;,Westchester County, New York. The Indian Point Station Unit No. 2 and the Indian Point Station Unit No. 3 share this site.

Indian Point' Unit No. 1 includes a pressurized water reactor, which operatedwith an authorized maximum steady state power level of 615 thermal megawatts until-October 31, 1974. Pursuant to the June 19, 1980 "Commission Order Revoking Authority to Operate Facility" and the "Decommissioning Plan for Indian Point Unit No. 1" approved by the NRC in an Order dated January 31, 1996, the reactor remains in a defueled status and the unit continues to operate as a support facility for overall Indian Point Units 1 and 2 operations. Unit.No. 1 and Unit No. 2 are physically contiguous and share a number of systems and facilities as well as a common. operating organization. The technical specifications contained herein recognize this commonaliiy as well as theinteded use of the Unit No: 1 facilities to support Unit No. 2 until reti-ernent of that unit, and contain specific'references to Appendix A to the Indian Point Unit No. 2 Facility Operating License No. DPR-26.

Unit No. 1 contains radioactive waste processing facilities, which provide waste processing services for both Unit No. 1 and Unit No. 2. Radiological effluent limits are met on an overall site basis and specific operating limits and surveillance requirements for effluent monitoring instrumentation, including stack noble gas monitoring, are discussed in the Offsite Dose Calculation Manual.

Amendment No. 50T 52 Page I I

1.1 Definitions 1.1.1 Final Safety Analysis Report The Final- Safety Analysis Report (FSAR) for Indian Point Unit No. 1, shall be deemed t rorefer to, as appropriate, the "Final Hazards Summary Report for the Consolidated Edison Indian Point Reactor Core B"and the.following exhibits, which are a part of the original license application for IPl:

• Docket 50-,3 Exhibit K-5 (Rev. 1), "Hazards Summary Report Consolidated Edison Thorium Reactor. (January, 1960) Figurest1-2, 1-3, 3-14 only.

• Docket 50-3 Exhibit K-5A 1, "Supplementary Information on Plant Design of Consolidated Edison Nuclear Steam Generating Station," (August 1960)

Section 3.7,.1., pages,171 through. 176 only and Section3.7.2.

1.1.2 OP'erable-Or~erability A system, subsystem, train, component ordevice'shall 'beoperable or have operability when it is capable of performig ts intended safety function(s).

Implicit in this definition shall be the assumption that necessary instrumentation, controls, electrical power sources, cooling or seal water, lubrication or other auxiliary equipment that are required for the system, subsystem, train, component, or device to perform its safety function(s) are also capable of performing their related support functions.

1.1.3 Offsite Dose Calculation Manual (ODCM)

The Offsite Dose Calculation Manual contains the current methodology and parameters used in the calculation of offsite doses due to radioactive gaseous and liquid effluents, in the calculation of gaseous and liquid effluent monitoring alarm/trip setpoints, and.in the conduct of the environmental radiological monitoring program. Requirements for the ODCM are specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating License No.

DPR-26.

1.1.4 Site Boundary The Site Boundary is that line beyond which the land is neither owned, leased, nor otherwise controlled by either ENIP2, ENý,-or other site licensee.

Amendment No. 50, 52 Page 2 I

1.1.5. iUnrestrictedlArea,,.

'An U trictbd Area is any araiatorb*eyýont*he,, bSite Boundary, access to, lNP2;? EN *;7or~othe whicthernptIontolletbyeithe sitenlicosee, for purposes; of protection6ofjidividuals from exosure :to radiation and radioactive materials' 1r.2 Exclusion Distanc & r i,.

12,.1, The, minimum distancO rom the reactor facility to the nearest lan. dafs t hemexclusion areatoas defined it10CFR1e00, shanl.6pt14OO gfeet:

1.22 Therlit)nimu*mdistandefrom the.reactor a nitir linelto the boundaryOIfthe .si e.-

exclusion-areafand the outero bound'ateiry thenel, pou~tin zone acsde'fined in fission;00. and3meieo a 1 etes respecni!,00ei S 1 3.

Pincia ccivit- '

Then orincipo ac ca5do the on Are shPall3b the generat ion transmission and dstributioni of stea an eletrca energy (except by a-ie power plan't) a..;ssociated se'rvice atctivities; activities relating to thie controll'ed.

conversion of the atomic ergof fult hea eergy by te process of ,nuclear .t .. '. .. . ',

• =- . ." : , ., ,. * .. , . . , ,

fission; and th strguilization and production of special nuclear source and

'At-.

by~product material s'., Traknsmission, and distribution. of natural gas: shall'`be through th~eý use of'fciite locate~d as described in; the appiicatin as amended.

Amendment No-. 50-,.52 Page. 3,