NL-08-124, License Amendment Request Application for License Name Changes to Equagen Nuclear LLC and Enexus Nuclear Indian Point 2, LLC

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

ML082840572
Person / Time
Site:	Indian Point
Issue date:	09/30/2008
From:	Joseph E Pollock Entergy Nuclear Indian Point 2, Entergy Nuclear Indian Point 3, Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-08-124
Download: ML082840572 (29)

Text

Indian Point Energy Center 450 Broadway, GSB

- Entergy. P.O. Box 249 Buchanan, N.Y. 10511-0249 Tel (914) 734-6700 J. E. Pollock Site Vice President September 30, 2008 Re: Indian Point Units 2 & 3 Docket Nos. 50-247 & 50-286 License Nos. DPR-26 & DPR-64 NL-08-124 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001

SUBJECT:

Entergy Nuclear Operations, Inc.

Unit 2 & 3 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 NOS. MD6181 AND MD6182)

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 and Entergy Nuclear Indian Point 3, 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 and Enexus Nuclear Indian Point 3, 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 and 2 provide the proposed name changes for the Unit 2 and 3 Operating Licenses, respectively.

ENO has evaluated whether a significant hazards consideration is involved with the proposed administrative license amendment by focusing on the three standards set

Docket Nos. 50-247 & 50-286 NL-08-124 Page 2 of 3 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 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 30 day of September, 2008.

Sincereh/

J. . ollock Site Vice President Indian Point Energy Center Attachments:

1. Operating License Proposed Changes to Unit No. 2

2. Operating License Proposed Changes to Unit No. 3 cc: next page

Docket Nos. 50-247 & 50-286 NL-08-124 Page 3 of 3 cc:

Mr. Samuel J. Collins, Regional Administrator, NRC Region 1 Mr. John P. Boska, Senior Project Manager, NRC NRR DORL NRC Resident Inspectors Office, Indian Point 2 & 3 Mr. Paul Eddy, NYS Department of Public Service Mr. Robert Callender, Vice President, NYSERDA to NL-08-124 pOperating License Proposed Changes Unit No. 2

Subsequently, Entergy Nuclear Indian Point 2, LLC and ENO requested that this license be amended to reflect the new names: Enexus Nuclear Indian Point 2, LLC (ENIP2) I and EquaGen Nuclear LLC (EN).

- - - UNITED STATES . ..............

I-NUCLEAR REGULATORY- COMMISSION" WASHINGTON`. o.c'20555-00"01' ENEXUS.

~g~ ~ NUCLE M IDIA lARPINT 2LtLC

~E ~ OCKET NO. 5-%247, INDIAN POINT NUCLEAR GENERAING UNIT NO, 2 AMENDED FACILITY OPERATING LICENSE-Entetrgy .Nuclear India Pointr2. L.C/ License No ,DPR-.26

- m 7 Amendment--No, 22 Numclear Regulatory Comm (The' ommission) has f0uihd that.:,

A. : The a'pplication.for amendment by the Consolidated EdiSOn Company of N York Inc.

(Con Edison), Entergy. Nuclear Indian Point 2, LLC (6W 1ýnd.Ehte'rgyNtuclear' : "'

"OperationsInc. (ENO)-submitted under cover letter.dated-December 12, .2000:as supplemented by letters datedlApril 12, 2001, fr, CoEdis-ni 0n and dated.April, 16, May,24, Juqne6- 6and June8,2001, fro nd ENOomp-ie s With; the standards-,.

. and requirements of the Atomic .nergyAct'of 1.954.LaS'amended (te Act)and.the, -

. Cdmmission'shrules and regulations set forth in 10*CFR C7hapter, I`-

B. Constructionhof the. lhdianPoinht Nuclea6r, G.eneratinrg Unit Nbo., 2 (!2r,&facility) has beeI substantia lly"completedin, con*frmi, with provisionalConstructi6n Permit No.- CPPRý22 *1; as amended, and the application, as amended, the provisions of the Act and the"rules and regulatiohsoof the Commission;,

C'. . Te facility willoperate in conformity. with theapplicationp , asamended,-the"provisions o.f the-:Act",,and',the rules and regiulationso h omsin 0., There is reasonable. assurance: (i) that the activities authorized'by this operatingd, 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. EN1itechnically and financially qualified and ENIP2 is financially qualified to engage in the activities authorized by this amended license in accordance with the rules and regulations of the Commission; F. ENIP2 and E ve satisfied the applicable provisions of 10 CFR Part 140, oNg "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations;'

Amendment No. 220 .

G. 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; H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental costs and considering available alternatives, the issuance of this amendment to Facility, Operating License No. DPR-26, subject to the conditions for the protection of thl~eenironment set forthl herein, is in accordaice with 10 CFR Part 50, Appendix D, of the Commission's-regulations and all applicable requirements of said Appendix.D have been satisfied; and

1. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this amended license will be in accordance with the Commission's regulations in .10 CFR Part 30, 40 and 70, including 10 CFR Section 30.33, 40.32,,

70,23, and 70.31.

2. Facility Operating License No. DPR-26, as amended, (previus'ly isSuedto Con Edison) issued to ENIP2 and. ENOis hereby amended in its entirety to, readas follows:

A. This amende'd ii'ensea'applies to the Indian Point Nuclear Generatind-Unit No. 2,a.

pressurized wateIr nuclear lreactor; and associated equipment (the'facility), which is, owned by*.ENIP2 and operated by ENW. The facility is locatedin Westchester County, New York, and is described in the "Final Facility Description and Safety Analysis Report", as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:

(1) pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities", (a) ENIP2 to possess and use, and (b)

ENj'o possess, use and operate, the, facility atthe designated location in Westchester county,. New York, in accordance with the piocedures and limitations set forth in this amended license; (2)- EN~pursuant to the Act and 10 CFR Part 70, to receive, Amdt. 75 possess, and use, at any time special nuclear material as 1-11-82 reactor fuel, in accordance with the'limitations for storage and amounts required for reactor operation, as described in the Final Facility Description and Safety Analysis Report, as supplemented and amended and as described in the Commission's authorization through Amendment No. 75 to this license.

(3) EN/pursuant to the Act and 10 CFR Parts 30, 40, and 70, Amdt. 42 to receive, possess and use, at any time any byproduct, 10-17-78 source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor Amendment No. 220

instrumentation and radiation monitoring 'equipment calibration, and as fission detectors in amounts as required; (4) EN9pursuant to the Act and 10 CFR Parts 30, 40 and 70, Amdt. 42 to receive,. possess, and use in amounts as required any 10-17-78.

byproduct, source or special nuclear material without restriction to chemical or-physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; (5) ElWI'ursuant to the Act and 10 CFR Parts 30 and 70, to Amdt. 220 possess, but not separate, such byproduct and special 09-06-01 nuclear materials-as may be produced by the operation of the facility,.[

C. This amended license shall be deemed to contain and is subject.to the.conditions specified in the folowing-commission regulations in 10 CFR Cha6pter !I:Part 20,.

Section.30.34 of Part 30, Section 40..41. of-Part 40, 1Sections 50.54 and 50.590of Part 50, and Section 70.32'of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level EN/fs authorized to operate the facility at steady state Amdt. 241 reactor core power levels not in excess of 3216 10-27-2004 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 253, are hereby incorporated in the license. ENýA shall operate the facility in accordance with the Technical Specifications.

(3) The following conditions relate to the amendment approving the conversion to Improved Standard Technical Specifications:

1. This amendment authorizes the relocation of certain Technical Specification requirements and detailed information to licensee-controlled documents as described in Table R, "Relocated Technical Specifications from the CTS," and Table LA, "Removed Details and Less Restrictive administrative Changes to the CTS" attached to the NRC staffs Safety Evaluation enclosed with this amendment. The relocation of requirements and detailed information shall be completed on or before the implementation of this amendment.

Amendment No.-Hi,

22. The following is a schedule for implementiig surveillance rqu~irements (S.s)

For SRs that areew in this performanceisdue at the end of the firstsUrveiillance-interva *thýat begin on the-dt of',

implemenai, fent ,-,

For SR.s§h*!at*'re bexisnport dFrent whose intervals of prfo ..... e.arebexingtredudpd thelfirst reduced surv ance inte-rva 11begins6 upon` completion'of tl~efirst surveillancepeformed after4c the date of

,impl ementation ofthis nmpendment

. . Sr~s thatexisted pnor, to this amendment that have moadifleaacceptance

.. " -For.

criteria, thebfirst performance is*. dUe at-theenhd of the first surve lance,. -

interval 'that egan a onthe dante theýstJrveilancewas-last performed prior to, te,date ~o imp lemeeitation, .1 tis.aqed~t

.ForSRsthat existed priortothis amendmentwhose inteyals of:',-

pe rforanCe are b-eing e~pende'dl-the first extehddsrela~ itrval

" begins upon cqompletion of theklast' sueillance pe-forrqed prior. to the date,;.'.

,ofimpiementationmof thisame~ndrment.  :

D. (1): Deleted per Amdt. 82,12-11-82.

(2) *D,elete per,Amendment 238 .

E Deleted :per Amdt. 71, dated 8-5-81, effective 5-14-81' FP This'amendedi1icense is also subjectto appropriate'dconditions by th'e New York. j,.

State-Department of'Environrh'ental Conservationin its letter of September 24,1 1973, to onsolidate6d:Edison Company of New York, lnc.; granting a Section 401 certification Under the Federal Water Pollution Control Act amendments of'1972.-'-

G- Pursuant to Section' 50.60 of:1 0 CFR P'art 50, paragraph*4ofProvisi6nal,:

Construction Permit No. CPPR-21 allocating qua'ntities of specialfnclear material, tgetfherwith the related estimated schedule;scontained in Appendix A attached to' said. provisional construction permit, shall remain in effect.:

H. EN/2ha'Il fully implement and maintain in effect all provisions of-the Commission-approved physical security, training andqualification, and safeguards contingency plans including amendments made pursuant to.

provisions of the Miscellaneous 'Amendments and. Search Requirements revisions tol10 CFR 73.55 (51 FR 278.17 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1 for the The Training and Qualification Plan and Safeguards Contingency. Plan are Appendices to the Security Plan.-

• -Arendrent2.

- Revised by letter dated October 28,.2004*--,

Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, isentitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by letter dated October 14, 2004, as supplemented by letter dated May 18, 2006.

Deleted per-Amdt. 133, 7-6-88.

J. Deleted per Amdt. 133, 7-6-88.

K. EN shall implement and maintain in effectall provisions: of the NRC-approved fire protection program as described in-the Updated Final Safety Analysis Report for the.facility and as approved in the Safety Evaluations Reports dated November 30, 1977 Febiruary,3, 1978, January 31, 1979; October 31, 1980, August 22,,

1983,, March30, 1984,,Otober 16,1984, September 1.6,. 1985, Novmber 13, 1985, Marchi4, 1987, 'Januarpy2, 1989,. and March2 6,. 1996., EN" may make changes to the NRC-approved fire protection program without prior approval of the Commission onilyifth"oso chainges would" not advversely affe,6tth.e ability to achieve and maintain safe shiutdown in the event of a fire.

L. Deleted: per Amendment 238  :

M. Deleted per Amendment 238 N. Mitigation Strategy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:.

1. Pre-defined coordinated fire response strategy and guidance-

2. Assessmentof mutUal aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control 5.. Training of response personnel (b) Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy (c) Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders Revised by letterdated July 11, 2007

(a) Decommissioning Trust (i) The decommissioning trust agreement must be in a form acceptable to the NRC.

(ii) With respect to the decommissioning trusfnds; investments in the securities or other obligations of Entergy Corporationr, o',Mffiliates, subsidiaries, successors, or assigns are and shall be prohibited- Except r-investments tiedto market indexes or other non-nuclear-sector mutual fund investments in any entity owning one or more nuclear power, plants are and shall br Pohibited.

(iii) No contribution to the fundsthat 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 forordinary. administrative expenses; shall be made by the trustee unless .the trustee has first given the Director-of the Office of Nuclear Reactor,Regulation 3.00 days prior written Inotice6of payment.ý The decommissioning trUstagreement shall further contain a provision that no disbursements 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 be amended in any material respect without 30 days prior written notification to the Director of the 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:,

(i) The provisional trust agreement must be in a form acceptable to the NRC.

., 6_,WeJ< u 'e-> Coo-Aý1-01t_1044,674' (ii) Investments in the securities or other obligations of Entergy Corporationy-r"ts affiliates, subsidiaries, successors, or assigns are and shall be prohibited. t :1,..I £-

except for investments tied to market indexes 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.

Amendment No. 220

(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.

(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 i.n 1.8 CFR 35.32(a)(3) of the, Federal Energy Regulatory Commission's regulations.

(vi) Use of assets -in the provisional trust, in the first instance, shall'be limited to the expenses related to decommissioning IP2 or.IPi as definedby 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 to the NRC and be in, accordance with all applicable NRC regulati6ns.-

(ii) The surety company providing any surety bond obtained t0 comply with the',

requirements of the Orderapproving the transfer shall be one 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 1P2. The standby trust agreement must be in a form acceptable to the NRC, and shall conform with all conditions otherwise applicable to the decommissioning trust agreement, and with all conditions that would be applicable to the provisional trust, above, if established",-

(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.

4. ENIP2 shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval. of the transfer of the IP1 and IP2 licenses .to ENIP2 and EN96-nd the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting that Order.

5. ENIP2 and EN$Fshall take no actiorn'cause'Etorgy ClGba l eor-Entergy-,

nte,,,patio*s Ltd. LLC or theai paorznt comanioc to void, cancel, or modify the A-76;0 I$6---,ilion contingency commitment to provide funding for the IPI 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. 220

APPENDIX A TO FACILITY OPERATING LICENSE DPR-26 FOR 4m. NUCLEAR INDIAN POINT 2, LLC AND NUCLEAR rAT.,f.. I INDIAN POINT NUCLEAR GENERATING PLANT UNIT NO. 2 DOCKET NO. 50-247 TECHNICAL SPECIFICATIONS AND BASES Amendment No. 220

APPENDIX B TO FACILITY OPERATING LICENSE E* cxus .,, FOR

-EM GYVNUCLEAR INDIANPOINT 2, LLC Af NUCLEAX4 I INDIAN POINT NUCLEAR GENERATING UNITS NUMBER 1 AND 2 ENVIRONMENTAL TECHNICAL SPECIFICATION REQUIREMENTS NON-RADIOLOGICAL ENVIRONMENTAL PROTECTION PLAN FACILITY LICENSES NO. DPR-5 AND DPR-26 DOCKET NUMBERS 50-3 AND 50-247 Unit 1 Amendment No. 50 Unit 2 Amendment No. 220 to NL-08-124 Operating". License .

Proposed Changes Unit No. 3

Subsequently, Entergy Nuclear Indian Point 3, LLC and

{ENO requested that this license be amended to reflect the new names: Enexus Nuclear Indian Point 3, LLC (ENIP3)

"and EquaGen Nuclear LLC (EEN). ' *lf

-ýE&fEYNUCLEAR INDIAN POINT 3. LLC . LL -

AND EN.RGYw.NUCLEARTGN F, i:. INC.

4F9C4W )CKET NO. 50-:286 DC INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 AMENDED FACILITY OPERATING LICENSE Amendment No. 203 LicenseNo.'DPR-64

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

A. The application for amendment by the Power Authority of the Amdt. 203 State of New York (PASNY) and Entergy Nuclear Indian Point 3, 11/27/00 LLC (E-N4Ra and Entergy Nuclear Operations, Inc. (ENO),

submitted under cover letters dated May 11 and May 12, 2000, as supplemented on June 13, June 16, July 14, September 21, October 26, and November 3, 2000, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the:ACt), and .the*C.ommissi6n's rules antdregulati6ns as set forth in 10.CFR'Chapter[l 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 theactivities 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. ENIP3 and EN~are financially and technically qualified to Amdt. 203 engage in the activities authorized by this amendment; 11/27/00 E. ENIP3 and EN 1 0ave satisfied the applicable provisions of Amdt. 203 10 CFR Part 140, "Financial Protection Requirements and 11/27/00 Indemnity Agreements" of the Commission's regulations; F. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; Amendment No. 225

G. The receipt, possession and use of source, byproduct and special nuclear material as authorized by this amendment will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70 including 10 CFR Sections 30.33, 40.32, 70.23, and 70.31; and H. 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, Facility Operating License No. DPR-64 (previously Amdt. 203 issued to Consolidated Edison Company of New York, Inc., and 11/27/00 the Power Authority of the State of New York) is hereby amended in its entirety and transferred to ENIP3 and EN,'on November 21, 2000, to read as follows:

A. This amended license appliesto the Indian Point-Nuclear- Amdt. 203' Generating, Unit No.3, a pressurized watetr nuclearreactor 11/27/00 and- associated e'6quipmeant (the facility),' ownedby"ENP3 and operated by Eyti The facility is located .in.W'e*st:chester County,-New York, on the east ba'nkof theHludson River in the Village of Buchanan, and is described in the "Final Facility Description and Safety Analysis Report" as supplemented and amended, and the Environmental Report, as amended.

B. Subject to the conditions and requirements incorporated herein, the Commission licenses:.

(1) Pursuant to Section 104b of theAct and l.OCER Part 50, Amdt. 203 "Licensing of Production and Utilization Facilities," 11/27/00 (a) ENIP3 to possess and. Use, andý (b)'ENg2(to possess, use and operate, the facility at the designated location in Westchester County, New York, in accordance with the procedures and limitations set forth in this amended license; (2) EN*"pursuant to the Act and 10 CFR Part 70, to receive, Amdt. 203 possess, and use, at any time, special nuclear material as 11/27/00 reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Facility Description and Safety Analysis Report, as supplemented and amended; (3) EN/'pursuant to the Act and 10 CFR Parts 30, 40, and 70, Amdt. 203 to receive, possess, and use, at any time, any byproduct 11/27/00 source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as'required; Amendment No. 225

(4) EN p-ursuant to the Act and 10 CFR Parts 30, 40 and 70, Amdt. 203 to receive, possess, and use in amounts as required any 11/27/00 byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus-or components;-

(5) ENppursuant to the Act and 10 CFR Parts 30 and 70, to Amdt. 203 possess, but not separate, such byproduct and special 11/27/00 nuclear materials as may be produced, by the operation of the facility.

C. This amended license shall be deemed to contain and is subject to the conditionsspecified.in the following Commission regulations in 10. CFR Chapter I: Part 20;, Section 30.34 of.Part 30, Section 140.41 of Part 40, Sections 50.54'and 50i59*of Par 50 and Section 70.32 of Part ,70; and is subject to all applicable provisions of.the Act and 'to the rules, regulations, and orders of the CommissionnowýOWrhereafter in effect; and isý subject tothe additi6nal conditions specified or incorporatedb 'elW:

(1) Maximum Power Level EN s authorized to operate the facility at steady state reactor core power levels not in excess of 3216 megawatts thermal (100% of rated power).

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 235 are hereby incorporated in the License. EN;.0' shall operate the facility in accordance with the Technical Specifications.

(3) (DELETED) Amdt. 205 2-27-01 (4) (DELETED) Amdt. 205 2-27-01 D. (DELETED) Amdt.46 2-16-83 E. (DELETED) Amdt.37 5-14-81 F. This amended license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter of May 2, 1975, to Consolidated Edison Company of New York, Inc., granting a Section 401 certification under the Federal Water Pollution Control Act Amendments of 1972.

Amendment No. 235

G. EN0shall fully implement and maintain in effect all provisions of the Commission-approved physiclsecurity, training and 'qualification, and safeguards contingency plans including amendments made pursuant to prov!sions of the Mis.cellaneous Amendments and Search Requirements revisions to, 10 CFR 73.55§.`(51'FR 27817 and 27822), and to the authority of 10' CFR 50.90'ahd÷CFR' 50.54(p): -ThetCombined set of plans' for the-Indian Poinit EnergyCenter, which containSafeguards-Information protected under and Qualification, and

10 CFR 73.21,, is, entitled

"Physical$Security, TrainingsubLmitted Sa.feguards 0Contingency:Plaan, Revision 0, and was by letter dated Octobelr 14,2004, as ,Supplemented by letter dated. May 18, 2006.

H. EN'Ahali implement and maintain in effect al provisions of the approved Fire Protection P as .9n "rgram ogrp in the described nfk yFial .1ys!§.,.eortfor Indian Point Nuclear Gen o.

Unratit.i 3 and e' dAalsserovept. for Ind.i nerat n iasapprove... in!fir.protection

'safety*. e io s) dOated Sept eMbr21* 1973, March 6.1979, May 2,.

1980',, November 18,19 December 30,1982, February 2, 1984, April1 16' 18Jnr71987, Septembe 10,1 Jaua ry5 1995", and, supplements thrtsbett theq ~foloig' provision::'

N~mayý make changes to the approve'd Fire Protection Program without prior approval of the Commission only if those changes would notadversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

1. (DELETED) Amdt. 205 2/27/01 J. (DELETED) Amdt. 205 2/27/01 K. (DELETED)-; Amdt.49 5-25-84 L. (DELETED) Amdt. 205 2/27/01 M. (DELETED) Amdt. 205 2/27/01 N. (DELETED) Amdt. 49 5-25-84 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Revised by letter dated December 21, 2006

0. Evaluation, status and schedule for completion Amdt. 47 of balance of plant modifications as outlined in letter 5-27-83 dated February 12, 1983, shall be forwarded to the NRC by January 1, 1984.

P. -E, ,, 3andEN~hal take no Amdt. 203 action to cause Entory loc kweflnvtmzr, Inc. 11/21/00 Inomiionc Lt. LL, ~their paren-t

.cr~tzr~

................ ancel, or modify theL 7oo

/ million.:contigency commitmentto provide,

'~'"ZY funding for the facility as represented,ýin the application forapproval of the transfer'of the license frzm rACA' P,4 c N, C:without the oEl3d

.prior'written consent of the'Director, Office of.

Nuclear Reactor Regulat~ion.

Q. The decommissioning trust agreemeni.shall Amdt. 203 pirovidc: that th ue sofa ssets in the , 11/27/00 decommissioning trust fund,, in the first instance, shall be limited to the expenses related to decommissioning of the facility as defined by the NRC in its regulations and issuances, and as provided in this license and any amendments thereto.

R. The decommissioning trust agreement shall Amdt. 203 provide-that no contribution to the . 11/27/00 decommissioning trust fund that consists of property other than liquidL assets shallI be!

permitted.

S. With respect to; the deco ,mmissi ning trust fund, Amdt. 203 investments in the securities or ethergk-ex.i o ry 11/27/00 of PASNY,TEntergy Corporation, ENIP 3, Ye~~ Nuclear FitzPatrick, LLC, E+N9, or affiliates 11 &i1.

thereof, or their successors or assigns, shall be prohibited. Except for investments that replicate the composition of market indices or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear plants is prohibited.

T. The decommissioning trust agreement shall Amdt. 203 provide that no disbursements or payments from 11/27/00 the trust, other than for ordinary administrative expenses, shall be made by the trustee until the Amendment No. 225

trustee has first given the NRC 30 days prior written notce of the payment. In addition, the trust agrement shall state that no dsbur9+sements or payments from the trust shall be madeif the trustee receives prior written notie of.objection fromtheaDirector, Office of Nuclear Reactor Reulaton:-

U.

Amdt 203 11/27/0Q, I

V.

thdcmlssovledemning tsgreernint sin s l state Arnt 203',,,

that* fhe fivt thz~e; advlsorPorent LdOti 11/27/00 el u ,icliite inve ýtknnt madejnil r~

shall adWe&Maprdn instmiientsanad EnegyeguatoyCmmisson's regu a onew, W. For purpose, of ng lc healthaun ArndL 203 safety ENIP3, upon the transfer of this license to 11/27/00 tshatl provide decommissionin g funding assurance fo thet facility bthierpymenth or equvalntmetodtobe eldIna'd"'emmm~ssioning truist inde for thEfcilty, o no less than rteamount required unerNRC regulatios at l#*t 5 60 7I' .75.

Anth ount held' ing 'dhe tmm ianonin se truiU mai10i~ bY, ASNY-for t^h'ýe facrilitY~aft~erý.

wthranser of the facilit license to ENIi3our mayo be crdindgd towards the amount required under thes paragrapha T x ENIP shlltake lncsaystp oesr Amdt. 203 tha th eomssioning truc. 'is maintainledl. 11/27/00 in Accordan~ce with the applicatioin for the transfer Of this license to ENIP23'and EN09and the requirements of the order approving. the transfer, and consistent with the safety evaluation supporting such order.

AA. The following conditions relate to the amendment approving Arndt. 205 the conversion to Improved Standard Technical Specifications: 2/27/01

1. This amendment authorizes the relocation of certain Technical Specification requirements and-detailed information to licensee-controlled documents as'--

described in Table- R, "Relocated Technical Specifications Amond.nt.N.,26 Revised by letter dated Dcembedr20; 2005 7..

from the CTS," and Table LA, "Removed Details and Less Restrictive Administrative Changes to the CTS" attached to.the NRC staff's Safety Evaluation enclosed With this amendment:- The relocation-of requirements and detailed. information- shall be completed on or before the implementation of this amendment.

2. Thefollowing is a schedule for implementing surveillance requirements (SRs):

For SRs that are new in this amendment, the first performance is due at the end of the first surveillancex interval that begins onthe date of implementation of this amendment.

For SRs that existed, prior to this amendmentý whose intervals of-perforimance are being-.reduced, the first reduced.'

surveillance interval begins upon completion of the first surveillance performed after the date of implementation of this amendment.

For SRs that existed prior to this amendment that have modified acceptance criteria, the first performance is due at the end of the first surveillance interval that began on the date the surveillance was last performed prior to the date of implementation of this amendment.

For SRs that existed prior to this amendment whose intervals of performance'are being extended, the first extended surveillance interval begins upon completion of the last surveillance. performed prior to the date of implementation of this amendment.

AB. With the reactor critical,- Sh lCmaintain the reactor coolant ystem cold leg at a temperature (Tood) greater an or equal to 525 F. E- shall maintain a record of the cumulativ time that the plant is operate with the reactor critical while TCOd is below 5 F. Upon determination by y that the cumulative time of plant opera on with the reactor critical while Tcold is below 525 F has exceeded one (1) year,- must:

(a) within one (1) month, inform the NRC, in writing, and (b) within six (6) months submit the results of an analysis of the impact of the operation with TCOd below 525 F on the pressurized thermal shock reference temperature (RTPTs).

Amendment No. 225

APPENDIX A DPR-64 FACILITY OPERATING- LICENSE ONBMASES TEC1NICAL SPEIFITIOJS FOR THE UNIT NO. :3 IND~f-&IN3--UCLAR-GENRAINGSaTION WESCHETM COUTwY ME YORE" L,~ IRTIMMRCLEA AND_ý Rý NUCLA INDIAN OiNiT' 3.LLC '(ENIP3)

-SPRNTCIC. IIC. (ENt I LL'Z DOCKET NO. 50-286 Date of Igsuance:

Apri l.15. 1976 Amendment No.. 203

(

APPENDIX B TO FACILITY OPERATING LICENSE FOR EN*ERG-AUCLEAR INDIAN POINT 3, LLC (ENIP3)

AND EQ chA E-V LLC..(Ep5

-~Nfi RG, .UC'LEAR C-PERATIKWO, I46(NC.

INDIAN POINT 3 NUCLEAR.

POWER PLANT ENVIRONMENTAL TECHNICAL SPECIFICATION REQUIREMENTS PART 1: NON-RADIOLOGICAL ENVIRONMENTAL PROTECTION PLAN FACILITY LICENSE NO. DPR-6 DOCKET NO. 50-286 Amendment No. 5, 203.

3.0 Consistency Requirements 3.1 Plant Design and Operation ENimy make changes in station design or operation or perform tests or experiments affecting the environment provided such changes, tests or experiments do not involve an unreviewed environmental question, and do not involve a change In the Environmental, Protection Plan.* Changes in plant design or operation or performane ofatests or experiments which do not affect the environment are not subject to the requirements of this EPP. Activities governed by Section 3.3 are not subject to the requirementsiof this' section.

Before engaging in additional-construction or operational activities which may affect the environment, EN :shall prepare anid record anm,,

environmental evaluation of such activity. When the evaluation indicates that such activity involves an unreviewed environmental question, ENr, shall provide a written evaluation of such activities and obtain prior approval from the Director, Office of Nuclear Reactor Regulation. When such activity involves a change in the Environmental Protection Plan, such activity and change to the Environmental Protection Plan may be implemented' onlyin accordance with an appropriate license amendment' as set forth in Section 5.3.

This provision does not relieve the ENg te requirements of 10 CFR 50.59.

3-1 Amendment No.-6, 203

A proposed change, test or experiment shall be deemed to involve an unreviewed environmental question if it concerns. (1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the final environmental'statement (FES) as modified by staffs testimony to the Atomic Safety and Licensing Boards, supplements to the FES, environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board;, or (2):a significant change in effluents or powerlevel in. accorance with 10 CFR Part 51.5(b)

(2);* or (3) a matter not previously reviewedtand evaluated in the documents specified in (1) of this Subsection,"which may have a significant adverse environmental impact.

mI n;aintain records of changes in facility design or operation and of tests and'experiments carried out pursuant to this Subsection. These records shall include a writen evaluation which provides6a. basis for the" determination that the change, test, or experiment does not involve an unreviewed environmental question nor constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0.

ENi(*all include as part of this Annual Environmental Protection Plan Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests and experiments.,

3-2 Amendment No. 3,5, 203

3.2 Reporting Related to the NPDES Permits and State Certifications Violations of the NPDES PERMIT OR THE State certification (pursuant to Section 401 of the Clean Water Act) shall be reported to the NRC by submittal of copies of the reports required by the NPDES Permit or certification.

Changes and additions to the NPDES Permit or the State certification shall be reported to the NRC within 30 days following the date the change is approved. If a permit or certification, in part or in its entirety, is appealed and stayed, the NRC shall be notified within 30 days following the date the stay is granted.

The NRC-shall be notified of changes to the effective NPDES Permit proposed by ENIP3 and:EN*/*y providing NRC with a copy of the proposed change at the same time it is submitted to the permitting agency. The notification of a ENIP3 and Eineitiated change shall 3-3 Amendment No. ,5, 203

include a copy of the requested revision submitted to the permitting agency. EN*f'hall provide the NRC ar copy of the application for renewal of the NPDES permit at the same time the application is submitted to the permitting agency.

3.3 Changes Required for Compliance with; Other Environmental Regulations Changes:,in plant design or operation and performance of tests'or.

experiments which are required to achieve:compliance with other Federal, State, or, local environmental regulations are not subject to. the requirements of Section 3.1.'-

3-4 Amendment No. 35, 203

5.0 Administrative Procedures 5.1 Review and Audit EN1shall provide for review and audit of compliance with-the EnvIronmental Protectioh Plan: The audits shall be-conducted independently of the individual orgroups responsible for performing the specific activity. A description of the organization structure Utilized to achieve the independent review. and audit function and results of the audit activities shall be maintained and made available for inspection.

5.2 Record Retentionr Records and iog relative to the environmental aspects of plant operation

'shall be made and retained ih a manner convenient for review and inspection. These records and logs shall be made available to NRC on request.

Records of modifications to plant structures, systems and components determined to potentially affect the continued protection of the environment shall be retained for thedlifi Of the plant. All other records, data and logs relating to this EPP'shall be retained for five years or, where applicable, in accordance with the requirements of other agencies.

5-1 Amendment No. 35, 203

comparison with preoperational studies, operational controls (as appropriate), and previous non-radiological environmental monitoring reports, and an assessment of the observed Impacts of the plant operation on the environment. If harmful effects or evidence of trends towards irreversible damage to the environment are observed, ENsiall provide a detailed analysis of the data and a proposed course of action to alleviate the problem.

The'Annual Environmental Protection Plan Report shall also include:

(a), A list of EPP. noncompliances and the, corrective actions taken to remedy them.

(b) A list of all changes In station design or operation, tests, and experiments made in accordance with Subsection 3.1 which involved a potentially significant unreviewed environmental issue.

(c) Alist of ,onroutine reports subinitted in accordance with Subsection 5.4.2.

(d) A list ofall reports submitted in accordance with the NPDES permit or the State certification.

In the event that some results are not available by the report due date, the report shall be submitted noting and explaining the missing results. The missing data shall be submitted as soon as possible in a supplementary report.

5-3 Amendment No. 35, 203