Text

Application to Revise Provisional Operating License and Technical Specifications
	ML20182A679
Person / Time
Site:	Indian Point
Issue date:	06/30/2020
From:	Gaston R; Entergy Nuclear Operations
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	NL-20-012
	Download: ML20182A679 (64)
	v • d • e

Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5573 Ron Gaston Director, Nuclear Licensing 10 CFR 50.90 NL-20-012 June 30, 2020 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

Application to Revise Provisional Operating License and Technical Specifications Indian Point Nuclear Generating Station, Unit No. 1 NRC Docket No.50-003 Provisional Operating License No. DPR-5

References:

1) Entergy Nuclear Operations, Inc. (Entergy) letter to U.S. Nuclear Regulatory Commission (NRC), "Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel," (Letter No. NL-20-042) (ADAMS Accession No. ML20133J902), dated May 12, 2020

2) Entergy letter to NRC, "Technical Specifications Proposed Change -

Permanently Defueled Technical Specifications, Indian Point Nuclear Generating Station Unit No. 3," (Letter No. NL-20-033) (ADAMS Accession No. ML20132A200), dated April 28, 2020 In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.90, "Application for amendment of license or construction permit," Entergy Nuclear Operations, Inc. (Entergy) is proposing an amendment to Provisional Operating License (POL) DPR-5 for Indian Point Nuclear Generating Station, Unit No. 1 (IP1). This license amendment request (LAR) proposes to revise the IP1 POL and the Technical Specifications (TSs) in Appendix A to reflect the current conditions at IP1 and the permanent cessation of power operations at Indian Point Nuclear Generating Unit No. 2 (IP2) (i.e., as described in Reference 1), and to denote that certain IP1 systems also support Indian Point Nuclear Generating Unit No. 3 (IP3).

The revised IP1 POL will be renamed the "Provisional License" (PL) and the IP1 TSs will be renamed the IP1 "Permanently Defueled Technical Specifications (PDTS). The proposed changes would revise certain requirements contained within the IP1 POL and TSs and remove the requirements that are no longer applicable. License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor and IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the U.S. Nuclear Regulatory Commission (NRC). In addition, all of the IP1 spent fuel (note that "all" refers to onsite fuel since some spent fuel was shipped offsite) has been transferred from the

NL-20-012 Page 2 of 3 IP1 spent fuel storage pool to the Indian Point Energy Center Independent Spent Fuel Storage Installation.

Certain IP1 equipment supports both IP2 and IP3. With the docketing of the IP2 certifications of permanent cessation of power operations and permanent removal of fuel from the IP2 reactor vessel in accordance with 10 CFR 50.82(a)(1)(i) and (ii), the IP2 10 CFR Part 50 license no longer permits operation of the IP2 reactor or placement of fuel in the IP2 reactor vessel in accordance with 10 CFR 50.82(a)(2). The IP2 PDTS were implemented on June 1, 2020. As discussed in the Reference 2 LAR, IP3 will continue to operate until its planned permanent cessation of operations on April 30, 2021.

The proposed changes to the IP1 POL and TSs comply with 10 CFR 50.36(c)(1) through 10 CFR 50.36(c)(5). The proposed changes also include a renumbering of pages in the POL and the Appendix A TSs, where appropriate, to condense and reduce the number of pages, without affecting the technical content. The Appendix A TSs Table of Contents is also revised accordingly.

There are no TS Bases for the IP1 Appendix A TSs, and no TS Bases are proposed to be added.

Entergy has reviewed the proposed amendment in accordance with 10 CFR 50.92 and concludes it does not involve a significant hazards consideration.

In accordance with 10 CFR 50.91, copies of this application, with the enclosure, are being provided to the New York State Department of Health and Emergency Management Agency.

The Enclosure to this letter provides a detailed description and evaluation of the proposed changes to the IP1 POL and TSs. Attachment 1 to the Enclosure contains a mark-up of the current POL and TSs. Attachment 2 to the Enclosure contains the retyped Provisional License and Appendix A PDTS pages in their entirety.

Entergy requests review and approval of this proposed license amendment in accordance with the NRC review schedule, with a 90-day implementation period from the effective date of the amendment. While the IP1 Appendix A TSs are revised to denote that IP1 systems are utilized to support IP3, the continued operation of IP3 and planned permanent cessation of operations on April 30, 2021 do not impact the implementation of the IP1 PDTS. Entergy submitted the LAR for the IP3 PDTS to the NRC on April 28, 2020 in Reference 2.

If you have any questions regarding this submittal, please contact Ms. Mahvash Mirzai, Manager, Regulatory Assurance, at 914-254-7714.

There are no new regulatory commitments made in this letter.

I declare under penalty of perjury that the foregoing is true and correct. Executed on June 30, 2020.

Respectfully, Ron Gaston Director, Nuclear Licensing RWG/sp/cdm

NL-20-012 Page 3 of 3

Enclosure:

Indian Point Nuclear Generating Station, Unit No. 1 - Description and Evaluation of Proposed Changes Attachments to

Enclosure:

1. Indian Point Nuclear Generating Station, Unit No. 1 - Mark-up of the Current Provisional Operating License and Appendix A Technical Specifications

2. Indian Point Nuclear Generating Station, Unit No. 1 - Re-typed (Clean)

Provisional License and Appendix A Permanently Defueled Technical Specifications cc: NRC Senior Project Manager, NRC NRR DORL Regional Administrator, NRC Region I NRC Senior Resident Inspector, Indian Point Energy Center President and CEO, NYSERDA New York State (NYS) Public Service Commission NYS Department of Health - Radiation Control Program NYS Emergency Management Agency

Enclosure NL-20-012 Indian Point Nuclear Generating Station, Unit No. 1 Description and Evaluation of Proposed Changes

NL-20-012 Enclosure Page 1 of 27

1.

SUMMARY

DESCRIPTION In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.90, "Application for amendment of license or construction permit," Entergy Nuclear Operations, Inc. (Entergy) is proposing an amendment to Provisional Operating License (POL) DPR-5 for Indian Point Nuclear Generating Station, Unit No. 1 (IP1). This license amendment request (LAR) proposes to revise the IP1 POL and the Technical Specifications (TSs) in Appendix A to reflect the current conditions at IP1 and the permanent cessation of power operations at Indian Point Nuclear Generating Unit No. 2 (IP2) (i.e., as described in Reference 1), and to denote that IP1 systems also support Indian Point Nuclear Generating Unit No. 3 (IP3).

The revised IP1 POL will be renamed the Provisional License (PL) and the IP1 TSs will be renamed the IP1 Permanently Defueled Technical Specifications (PDTS). The proposed changes would revise certain requirements contained within the IP1 POL and TSs and remove the requirements that are no longer applicable. License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor and IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the U.S. Nuclear Regulatory Commission (NRC). In addition, all of the IP1 spent fuel has been transferred from the IP1 spent fuel storage pool to the Indian Point Energy Center (IPEC)

Independent Spent Fuel Storage Installation (ISFSI).

Certain IP1 equipment supports both IP2 and IP3. In Reference 1, Entergy certified to the NRC that power operations ceased at IP2 on April 30, 2020 and the fuel was permanently removed from the IP2 reactor vessel and placed in the IP2 spent fuel pool on May 12, 2020. With the docketing of the IP2 certifications of permanent cessation of operations and permanent removal of fuel from the IP2 reactor vessel in accordance with 10 CFR 50.82(a)(1)(i) and (ii), the IP2 10 CFR Part 50 license no longer permits operation of the IP2 reactor or placement of fuel in the IP2 reactor vessel in accordance with 10 CFR 50.82(a)(2). The IP2 PDTS were implemented on June 1, 2020. As discussed in the Reference 2 LAR, IP3 will continue to operate until its planned permanent cessation of operations on April 30, 2021.

While the IP1 Appendix A TSs are revised to denote that IP1 systems are utilized to support IP3, the continued operation of IP3 and planned permanent cessation of operations on April 30, 2021 do not impact the implementation of the IP1 PDTS. Entergy submitted the LAR for the IP3 PDTS to the NRC on April 28, 2020 in Reference 2.

2. DETAILED DESCRIPTION AND BASIS FOR THE CHANGES The IP1 facility included a pressurized water reactor that was granted a 40-year Operating License in 1962, and was permanently shut down in 1974. The facility is being maintained in SAFSTOR status. 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 (Reference 3). There are ongoing activities in the IP1 space that are support services for IP2, and to a lesser extent IP3.

The IP1 and IP2 facilities are physically contiguous with shared systems, such as the integrated liquid waste system and the air system; and facilities, such as the chemistry and health physics laboratories. The IP1 facility also contains radioactive waste processing facilities that can provide waste processing services for IP1, IP2, and IP3. 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 (ODCM).

NL-20-012 Enclosure Page 2 of 27 The proposed changes would revise certain requirements contained within the IP1 POL and TSs and remove the requirements that are no longer applicable. The proposed changes to the IP1 POL and TSs comply with 10 CFR 50.36(c)(1) through 10 CFR 50.36(c)(5). The proposed changes also include a renumbering of pages in the POL and the Appendix A TSs, where appropriate, to condense and reduce the number of pages without affecting the technical content.

The Appendix A TSs Table of Contents is also revised accordingly. The revised IP1 POL and IP1 Appendix A TSs will be referred to as the PL and PDTS, respectively.

Safety Analysis The Safety Analysis in the IP1 Decommissioning Plan states:

"All work activities performed in the mothballed area or other facilities and systems of Indian Point Unit 1 will be done in accordance with approved procedures reviewed for their safety impact. This will ensure that there are no unreviewed safety questions, and work to be performed is in accordance with the requirements of 10 CFR 50.59 of the Commission's regulations.

Mothballing until after Unit 2 ceases operation is a safe decommissioning alternative because of the durability of Indian Point Unit 1 construction. Walls and foundations in and around the site are expected to have a useful (crack free) life in excess of 100 years. Also, primary system components (primarily stainless steel) have such low corrosion rates, that they will maintain their integrity until that time.

The spent fuel stored in the Unit 1 fuel handling building has decayed sufficiently such that, even in the unlikely event of a loss of water in the pool, this fuel can be adequately cooled by ambient air.

Considering the current mothballed status of Indian Point Unit 1, the plant is adequately designed to protect the public health and safety if subjected to site safe shutdown earthquake."

The IP1 facility is permanently shut down and defueled, and the IP1 spent fuel has been transferred to the IPEC ISFSI. In addition, the IP1 spent fuel storage pool has been drained.

There are limited operating systems remaining at IP1. Only those areas that either store or process radioactive materials (i.e., the Fuel Handling Building and waste storage/process areas in the Chemical Systems Building and the Integrated Liquid Radwaste Systems Building) need to be considered in evaluating the radiological hazards for IP1. The limited operating systems, combined with the reduced radioactive source term, result in a limited potential impact due to a possible radiological release resulting from an event at IP1.

Due to its current configuration and current licensing basis, there are no postulated design basis accidents (DBAs) that remain applicable to IP1. Management of the systems in accordance with procedures will ensure that there are no releases in excess of regulatory requirements.

NL-20-012 Enclosure Page 3 of 27

3. REGULATORY EVALUATION General Evaluation The regulatory requirements related to the content of TSs are promulgated in 10 CFR 50.36, "Technical Specifications." This regulation lists four criteria that define the scope of equipment and parameters that must be included in TSs. In 10 CFR 50.36, the NRC established its regulatory requirements related to the content of TSs. In doing so, the NRC placed emphasis on those matters related to the prevention of accidents and mitigation of accident consequences; the NRC noted that applicants were expected to incorporate into their TSs "those items that are directly related to maintaining the integrity of the physical barriers designed to contain radioactivity" (Reference 4).

Pursuant to 10 CFR 50.36, TSs are required to include items in the following five categories:

(1) Safety limits, limiting safety system settings, and limiting control settings; (2) Limiting Conditions for Operation (LCOs); (3) Surveillance Requirements (SRs); (4) design features; and (5) administrative controls. However, the rule does not specify the particular requirements to be included in a facility's TSs.

These criteria, which were subsequently codified in changes to Section 36 of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR 50.36) (Reference 5), also pertain to the TS requirements for safe storage of spent fuel. A general discussion of these considerations is provided above to address the need for IP1 TSs. None of the four criteria established in 10 CFR 50.36(c)(2)(ii)(A) through (D) remain applicable to IP1 in its current condition, as discussed below:

Criterion 1 of 10 CFR 50.36(c)(2)(ii)(A) states that TS LCOs must be established for "installed instrumentation that is used to detect, and indicate in the control room, a significant abnormal degradation of the reactor coolant pressure boundary." Since no fuel is present in the reactor and the reactor coolant system is no longer in service at IP1 in the permanently shut down and defueled condition, this criterion is not applicable.

Criterion 2 of 10 CFR 50.36(c)(2)(ii)(B) states that TS LCOs must be established for "a process variable, design feature, or operating restriction that is an initial condition of a design basis accident or transient analysis that either assumes the failure of or presents a challenge to the integrity of a fission product barrier." The purpose of this criterion is to capture those process variables that have initial values assumed in the design basis accident (DBA) and transient analyses, and which are monitored and controlled during power operation. While this criterion was developed for operating reactors, there are some DBAs which continue to apply to a facility authorized only to handle, store, and possess nuclear fuel. The IP1 facility is permanently shut down and defueled, with its spent fuel stored in the IPEC ISFSI. The operation of the ISFSI is controlled in accordance with the applicable TSs for the storage system. There are no IP1 DBAs associated with the facility that could impact the integrity of a fission product barrier. Thus, this criterion is no longer applicable to IP1.

Criterion 3 of 10 CFR 50.36(c)(2)(ii)(C) states that TS LCOs must be established for structures, systems, and components (SSCs) that are part of the primary success path and which function or actuate to mitigate a DBA or transient that either assumes the failure of or presents a challenge to the integrity of a fission product barrier. The intent of this criterion is to capture into the TSs only those SSCs that are part of the primary success path of a safety sequence analysis. Also captured by this criterion are those support and actuation systems that are necessary for items in the

NL-20-012 Enclosure Page 4 of 27 primary success path to successfully function. The IP1 facility is permanently shut down and defueled, with its spent fuel stored in the IPEC ISFSI. The operation of the ISFSI is controlled in accordance with the applicable TSs for the storage system. There are no IP1 DBAs associated with the facility that could impact the integrity of a fission product barrier. Thus, this criterion is no longer applicable to IP1.

Criterion 4 of 10 CFR 50.36(c)(2)(ii)(D) states that TS LCOs must be established for SSCs that operating experience or probabilistic risk assessment has shown to be significant to public health and safety. The intent of this criterion is that risk insights and operating experience be factored into the establishment of TS LCOs. The IP1 facility has been maintained in the SAFSTOR condition for a considerable period of time, and the spent fuel has been transferred from the IP1 spent fuel storage pool to the IPEC ISFSI. Given the limited operating systems remaining at IP1 and reduced radioactive source term at IP1, there is limited potential impact due to a possible radiological release resulting from an event at IP1. As a result, there are no events associated with the IP1 SSCs that remain in use that are considered significant to public health and safety from a risk perspective. Thus, this criterion is no longer applicable to IP1.

The Administrative controls section in 10 CFR 50.36(c)(5) states that administrative controls "...are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure operation of the facility in a safe manner..." This license amendment request is proposing changes to the Administrative controls section, with conforming changes proposed for additional sections. This request applies the principles identified in 10 CFR 50.36(c)(6), "Decommissioning," for a facility which has been maintained in SAFSTOR with the spent fuel transferred from the spent fuel storage pool to the IPEC ISFSI. This request proposes changes to administrative controls appropriate for the current condition of IP1, (i.e., permanently shut down and defueled, with all of its spent fuel stored at the IPEC ISFSI). As 10 CFR 50.36(c)(6)

(below) states, this type of change should be considered on a case-by-case basis.

10 CFR 50.36(c)(6), "Decommissioning," states:

"This paragraph applies only to nuclear power reactor facilities that have submitted the certifications required by § 50.82(a)(1) and to non-power reactor facilities which are not authorized to operate. Technical specifications involving safety limits, limiting safety system settings, and limiting control system settings; limiting conditions for operation; surveillance requirements; design features; and administrative controls will be developed on a case-by-case basis."

The IP1 facility was permanently shut down and defueled prior to the requirement to submit certifications as established in 10 CFR 50.82(a)(1). However, the premise in 10 CFR 50.36(c)(6) continues to apply (i.e., the TS requirements should be developed on a case-by-case basis).

Proposed Changes to the IP1 Provisional Operating License (POL) and Appendix A TSs Entergy proposes to modify the POL and the TSs from Appendix A as listed in the following tables.

In addition, Entergy is providing a description and basis for each of the proposed changes. to this enclosure contains a mark-up of the current POL and Appendix A pages. The proposed changes to the IP1 Appendix A TSs are considered a major rewrite. The following administrative changes are not shown in the marked-up (Enclosure, Attachment 1) POL and

NL-20-012 Enclosure Page 5 of 27 Appendix A TSs, because they do not affect the technical content of the IP1 POL or Appendix A TSs:

Reformatting (margins, font, tabs, line spacing, etc.) content to create a continuous electronic file; and Renumbering of pages, where appropriate, to condense and reduce the number of pages. to this enclosure provides the re-typed IP1 Provisional License and Appendix A PDTS. Since the changes to the Appendix A TSs are considered a major rewrite, revision bars are not used.

Proposed Changes to the IP1 Provisional Operating License License Title Current Title Proposed Title Provisional Operating License Provisional Operating License Basis The License Title is modified to eliminate the reference to "Operating." License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC.

License Condition A Current License Condition A Proposed License Condition A The application for amendment by Entergy The application for amendment by Entergy Nuclear Operations, Inc. (the licensee), dated Nuclear Operations, Inc. (the licensee), dated May 30,2002, complies with the standards and May 30,2002May 30, 2002, complies with the requirements of the Atomic Energy Act of 1954, standards and requirements of the Atomic as amended (the Act), and the Commissions Energy Act of 1954, as amended (the Act), and rues and regulations set forth in 10 CFR the Commissions ruesrules and regulations Chapter 1; set forth in 10 CFR Chapter 1; Basis This license condition is revised to correct a reference to May 30, 2002 and a misspelling of the word "rules." These are editorial changes that do not alter the meaning of the license condition.

License Condition B Current License Condition B Proposed License Condition B The facility will operate in conformity with the The facility will operatebe maintained in application, the provisions of the Act, and the conformity with the application, the provisions rules and regulations of the Commission; of the Act, and the rules and regulations of the Commission;

NL-20-012 Enclosure Page 6 of 27 Basis This license condition is revised to reflect a more accurate description of the future requirements.

License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor and IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. In addition, the IP1 spent fuel is stored at the IPEC ISFSI. Thus, replacing the verb "operate" with the verb "be maintained" will provide accuracy regarding the possession-only 10 CFR Part 50 License.

License Condition Preamble Current License Condition Preamble Proposed License Condition Preamble Accordingly, License No. DPR-5 is hereby Accordingly, License No. DPR-5 is hereby amended as indicated in the attachment to this amended as indicated in the attachment to this license amendment, and paragraphs 3.B and 9 license amendment, and paragraphs 3.B and 9 of Provisional Operating License No. DPR-5 of Provisional Operating License No. DPR-5 are hereby amended to read as follows: areis hereby amended to read as follows:

Basis This license condition is revised to eliminate an unnecessary reference to paragraphs contained in the 10 CFR 50 License. In addition, it is modified to eliminate the reference to "Operating."

License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor and IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC.

License Condition 1 Current License Condition 1 Proposed License Condition 1 This license applies to the utilization facility This license applies to the utilization facility consisting of a pressurized water reactor consisting of a pressurized water reactor (the (hereinafter referred to as 'the reactor), and facility)(hereinafter referred to as 'the reactor),

associated components and equipment and associated components and equipment hereinafter specified, which is owned by ENIP2, hereinafter specified, which is owned by located in Westchester County, New York, and ENIP2,. The facility is located in Westchester described in the amended and Substituted County, New York, and described in the Application for Licenses dated November 30, amended and Substituted Application for 1960, as amended; in the Application for Licenses dated November 30, 1960, as License amendment dated April 6, 1965, as amended; in the Application for License supplemented May 6, 1965; and in the amendment dated April 6, 1965, as Application for License amendment dated supplemented May 6, 1965; and in the December 3, 1965 (hereinafter referred to as Application for License amendment dated

'the application'), and which is a part of the December 3, 1965 (hereinafter referred to as electric generating plant which has been 'the application'), Defueled Safety Analysis designated by ENIP2 as the Indian Point Report, as supplemented and amended, and Station Unit No. 1. which is a part of the electric generating plant which has been designated by ENIP2 as the Indian Point Station Unit No. 1.

NL-20-012 Enclosure Page 7 of 27 Basis This license condition is revised to provide a generic description of the facility since IP1 is permanently shut down and defueled, with all its spent fuel stored at the IPEC ISFSI. It no longer serves to generate electricity or store spent fuel in its spent fuel storage pool. The licensing and design basis for IP1 has substantially changed. Thus, it is appropriate to refer to the facility as described in the Defueled Safety Analysis Report (DSAR), because changes to the DSAR will be reviewed in accordance with 10 CFR 50.59 and the updates will be available for review by NRC inspectors. This is consistent with the NRCs statement in its safety evaluation for Amendment No. 45 to License No. DPR-5 (Reference 3):

"10 CFR 50.71 and its statement of considerations (45 FR 30614, May 9, 1980) specifically excludes IP-1 from 10 CFR 50.71 requirements to submit revised pages of the FSAR to the NRC. Con Edison is, however, required to comply with 10 CFR 50.59 requirements to update the FSAR and have it available for review by NRC inspectors."

License Condition 2.a)

Current License Condition 2.a) Proposed License Condition 2.a)

ENIP2 and ENO, pursuant to Section 104b. of ENIP2 and ENO, pursuant to Section 104b. of the Act and Title 10CFR Part 50, "Licensing of the Act and Title 10CFR10 CFR Part 50, Production and Utilization Facilities," to "Licensing of Production and Utilization possess but not operate the facility at the Facilities," to possess but not operate the designated location in Westchester County, facility at the designated location in New York, in accordance with the procedures Westchester County, New York, in accordance and limitations described in the application and with the procedures and limitations described in this license; the application and this license; Basis This license condition is revised to correct an error regarding a reference to Title 10 CFR Part 50.

This is an editorial correction that does not alter the meaning of the license condition.

License Condition 2.b)

Current License Condition 2.b) Proposed License Condition 2.b)

ENO, pursuant to the Act and 10 CFR Part 70, ENO, pursuant to the Act and 10 CFR Part 70, to receive and possess up to 1918 kilograms of to receive and possess up to 1918 kilograms of contained uranium-235 previously received for contained uranium-235 previously received for reactor operation; reactor operation; Basis This license condition is revised to remove the authorization to receive uranium-235 since IP1 is permanently shut down and defueled, with all of its spent fuel stored at the IPEC ISFSI. License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. As such, IP1 has no need to receive uranium-235. The continued authorization to possess uranium-235 "previously received for reactor operation" is necessary as IP1 currently possesses the uranium-235 that was used for the past operations of the reactor.

NL-20-012 Enclosure Page 8 of 27 License Condition 2.e)

Current License Condition 2.e) Proposed License Condition 2.e)

ENO, pursuant to the Act and 10 CFR Parts 30 ENO, pursuant to the Act and 10 CFR Parts 30 and 70, to receive and possess, but not to and 70, to receive and possess, but not to separate, such byproduct and special materials separate, such byproduct and special materials as were produced by the prior operation of the as were produced by the prior operation of the facility; facility; Basis This license condition is revised to remove the authorization to receive byproduct and special materials that were produced by the prior operation of the IP1 facility which is permanently shut down and defueled, with all of its spent fuel stored at the IPEC ISFSI. License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. As such, IP1 has no need to receive byproduct and special materials that were produced by the prior operation of the facility. The continued authorization to possess byproduct and special materials that were produced by the prior operation of the facility is necessary as IP1 and the ISFSI currently possess the material that was used for the past operations of the reactor.

License Condition 3.b), Technical Specifications Current License Condition 3.b) Proposed License Condition 3.b)

The Technical Specifications contained in The Technical Specifications contained in Appendices A and B, as revised through Appendices A and B, as revised through Amendment No. 59, are hereby incorporated in Amendment No. 59XX, are hereby incorporated the license. ENO shall maintain the facility in in the license. ENO shall maintain the facility in accordance with the Technical Specifications. accordance with the Technical Specifications.

Basis This license condition is revised to replace the License Amendment No. to reflect the issuance of the revised TSs. This is an administrative change.

License Condition 3.c), Records Current License Condition 3.c) Proposed License Condition 3.c)

In addition to those otherwise required under DeletedIn addition to those otherwise required this license and applicable regulations, ENO under this license and applicable regulations, shall keep the following records: ENO shall keep the following records:

1. Reactor operating records, including power 1. Reactor operating records, including power levels and period of operation at each levels and period of operation at each power level. power level.

2. Records showing the radioactivity released 2. Records showing the radioactivity released or discharged into the air or water beyond or discharged into the air or water beyond the effective control of ENO as measured at the effective control of ENO as measured at or prior to the point of such release or or prior to the point of such release or discharge. discharge.

NL-20-012 Enclosure Page 9 of 27

3. Records of scrams, including reasons 3. Records of scrams, including reasons therefor. therefor.

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

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

6. Records of facility tests and measurements 6. Records of facility tests and measurements performed pursuant to the requirements of performed pursuant to the requirements of the Technical Specifications. the Technical Specifications.

Basis The requirements for Records are proposed to be deleted from the license on the basis that they can be adequately addressed by the Quality Assurance Program Manual (i.e., as required by 10 CFR 50, Appendix B, Criterion XVII) and because provisions relating to recordkeeping do not assure safe operation of a facility in a permanently defueled condition.

Facility operations in a defueled facility are performed in accordance with approved written procedures. Facility records document appropriate station activities. Retention of the records provides document retrievability for review of compliance with requirements and regulations.

Post-compliance review of records does not assure operation of the facility in a safe manner as activities described in these documents have already been performed. Numerous other regulations such as 10 CFR 20, Subpart L, and 10 CFR 50.71 also require retention of certain records related to operation of the facility. Thus, record retention requirements will be maintained by the Quality Assurance Program Manual.

License Condition 4 Current License Condition 4 Proposed License Condition 4 Deleted by Amendment No.7, dated 11-14-74. Deleted by Amendment No.7, dated 11-14-74.

Basis This license condition is revised to eliminate the reference to the License Amendment that deleted the content of the License Condition. This change is an administrative change to provide consistency with regards to how deleted License Conditions are delineated in the license.

License Condition 5 Current License Condition 5 Proposed License Condition 5 Definitions - As used in this license the term DeletedDefinitions - As used in this license the "facility means the following systems and term "facility means the following systems and components as described in the application components as described in the application Basis This change is consistent with License Condition 1 which is proposed to be revised to provide a generic description of the facility. This includes eliminating a statement that associated components and equipment are specified within the license. With IP1 permanently shut down and defueled, License Condition 2.a) of the IP1 POL no longer authorizes operation of the

NL-20-012 Enclosure Page 10 of 27 reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC.

The licensing and design basis for IP1 has substantially changed. Thus, it is appropriate for License Condition 1 to refer to the facility as described in the DSAR, because changes to the DSAR will be reviewed in accordance with 10 CFR 50.59 and the updates will be available for review by NRC inspectors. This is consistent with the NRCs statement in its safety evaluation for Amendment No. 45 to License No. DPR-5 (Reference 3):

"10 CFR 50.71 and its statement of considerations (45 FR 30614, May 9, 1980) specifically excludes IP-1 from 10 CFR 50.71 requirements to submit revised pages of the FSAR to the NRC. Con Edison is, however, required to comply with 10 CFR 50.59 requirements to update the FSAR and have it available for review by NRC inspectors."

The elimination of the list of the SSCs provided in License Condition 5 will be based on the same rationale as discussed for License Condition 1 discussed above and will permit the decommissioning of the facility to proceed without requiring an amendment to the license to eliminate the reference to the structure, system, or component.

License Condition 9 Current License Condition 9 Proposed License Condition 9 The approved Decommissioning Plan The approved Decommissioning Plan supplements the Final Safety Analysis Report supplements the FinalDefueled Safety Analysis (FSAR) and the licensee may (i) make changes Report (FSARDSAR) and the licensee may (i) in the facility or procedures as described in the make changes in the facility or procedures as FSAR or the Decommissioning Plan and (ii) described in the FSARDSAR or the conduct tests, or experiments not described in Decommissioning Plan and (ii) conduct tests, or the FSAR or Decommissioning Plan, without experiments not described in the FSARDSAR prior Commission approval, provided the or Decommissioning Plan, without prior requirements of 10 CFR 50.59 and 10 CFR Commission approval, provided the 50.82(a)(6) and (7) are satisfied. requirements of 10 CFR 50.59 and 10 CFR 50.82(a)(6) and (7) are satisfied.

Basis This license condition is revised to retitle the FSAR as the DSAR. Changes to the DSAR will be reviewed in accordance with 10 CFR 50.59 and the updates will be available for review by NRC inspectors. This is consistent with the NRCs statement in its safety evaluation for Amendment No. 45 to License No. DPR-5 (Reference 3):

"10 CFR 50.71 and its statement of considerations (45 FR 30614, May 9, 1980) specifically excludes IP-1 from 10 CFR 50.71 requirements to submit revised pages of the FSAR to the NRC. Con Edison is, however, required to comply with 10 CFR 50.59 requirements to update the FSAR and have it available for review by NRC inspectors."

NL-20-012 Enclosure Page 11 of 27 License Condition 10 Current License Condition 10 Proposed License Condition 10 The amended license is effective as of the The amended license is effective as of the date date of its issuance, shall be implemented of its issuance, shall be implemented within 30 within 30 days, and shall expire at midnight, days, and shall expire at midnight, September September 28, 2013. 28, 2013and until the Commission notifies the licensee in writing that the license is terminated.

Basis License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. Thus, this license condition is revised to conform with 10 CFR 50.51, "Continuation of license," in that the license authorizes ownership and possession by Entergy until the Commission notifies the licensee in writing that the license is terminated.

Date of Issuance Date of Issuance Proposed Date of Issuance Date of Issuance: October 29, 1965 Date of Issuance: October 29, 1965To Be Determined Basis The date of issuance is modified to reflect the date that the NRC issues the revised TSs, which is yet to be determined. This is an administrative change.

Appendix A to Provisional Operating License DPR-5 Current Title Proposed Title Provisional Operating License DPR-5 Provisional Operating License DPR-5 Amendment No. 50 Amendment No. 50 Basis The License Title is modified to rename the "Provisional Operating License DPR-5" as "Provisional License DPR-5." This change reflects that IP1 is not licensed to operate. In addition, the amendment number is modified to reflect the amendment number associated with the issuance of the TSs.

Appendix A, Technical Specifications, Table of Contents Current IP1 TS Basis for Change Table of Contents The Table of Contents is modified and consolidated to reflect the changes made below.

NL-20-012 Enclosure Page 12 of 27 TS 1.0, General Information Current TS 1.0 Proposed TS 1.0 the reactor remains in a defueled status and the reactor remains in a defueled status and the unit continues to operate as a support the unit continues to operate as asome of the facility for overall Indian Point Units 1 and 2 facilities structures, systems, and operations. Unit No. 1 and Unit No. 2 are components support facility for overallactivities physically contiguous and share a number of at Indian Point Units 1, and 2 operations2, and 3.

systems and facilities as well as a common Unit No. 1 and Unit No. 2 are physically operating organization. The technical contiguous and share a number of systems and specifications contained herein recognize this facilities as well as a common operating commonality as well as the intended use of organization. The technical specifications the Unit No. 1 facilities to support Unit No. 2 contained herein recognize this commonality as until retirement of that unit, and contain well as the intended use of the Unit No. 1 specific references to Appendix A to the Indian facilities to support Unit No. 2 until retirement of Point Unit No. 2 Facility Operating License No. that unit Nos. 2 and 3 until the fuel for these DPR-26. Unit No. 1 contains radioactive units is transferred from the spent fuel pits to waste processing facilities, which provide an offsite storage facility, and contain specific waste processing services for both Unit No. 1 references to Appendix A to the Indian Point Unit and Unit No. 2. Radiological effluent No. 2 Facility 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. 2Unit Nos. 1, 2, and 3.

Radiological effluent Basis This TS is modified to delineate that some of the IP1 SSCs continue to fulfill a support function for IP1, IP2, and IP3. This support will be required until the fuel for these units is transferred from the spent fuel pits to an offsite storage facility.

The TS is modified to eliminate the reference to a shared operating organization between IP1 and IP2 since IP1 is permanently shut down and defueled, with all of its spent fuel stored at the IPEC ISFSI. License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC.

For IP2, the certifications required by 10 CFR 50.82(a)(1) have been submitted and docketed, and as such, its 10 CFR Part 50 license no longer authorizes operation of the reactor or placement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). Thus, the personnel required for IP1 and IP2 are substantially reduced, and an operating organization will not be required.

TS 1.1.1, Final Safety Analysis Report Current TS 1.1.1 Proposed TS 1.1.1 Final Safety Analysis Report This TS is proposed to be deleted in its entirety.

NL-20-012 Enclosure Page 13 of 27 Basis This TS is proposed to be deleted in its entirety. A definition of the FSAR is not necessary. As previously discussed, the FSAR will be replaced with the DSAR. Changes to the DSAR will be reviewed in accordance with 10 CFR 50.59 and the updates will be available for review by NRC inspectors. This is consistent with the NRCs statement in its safety evaluation for Amendment No. 45 to License No. DPR-5 (Reference 3):

"10 CFR 50.71 and its statement of considerations (45 FR 30614, May 9, 1980) specifically excludes IP-1 from 10 CFR 50.71 requirements to submit revised pages of the FSAR to the NRC. Con Edison is, however, required to comply with 10 CFR 50.59 requirements to update the FSAR and have it available for review by NRC inspectors."

TS 1.1.2, Operable-Operability Current TS 1.1.2 Proposed TS 1.1.2 Operable - Operability This TS is proposed to be deleted in its entirety.

Basis This TS is proposed to be deleted in its entirety, because the term is not used in any TS. There are no systems or components required to be operable in the TS, because there are no active SSCs required to function to mitigate any DBAs.

TS 1.1.3, Offsite Dose Calculation Manual (ODCM)

Current TS 1.1.3 Proposed TS 1.1.3 Requirements for the ODCM are specified in Requirements for the ODCM are specified in Appendix A to the Indian Point Nuclear Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating Generating Unit No. 2 Facility Operating License No. DPR-26. License No. DPR-26.

The TS section number is proposed to be deleted.

Basis This TS will be retained in the IP1 PDTS, but the specific section number is proposed to be deleted. Given that limited information will remain in the IP1 PDTS 1.1 through 1.3, the remaining information is consolidated in Section 1.1 as definitions. This TS is also proposed to be modified by eliminating the reference to "Operating." License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC.

TS 1.1.4, Site Boundary Current TS 1.1.4 Proposed TS 1.1.4 Site Boundary The TS is proposed to be deleted in its entirety.

NL-20-012 Enclosure Page 14 of 27 Basis This definition is proposed for deletion, because the term is defined in 10 CFR 20.1003; therefore, the definition need not be repeated in the IP1 PDTS.

TS 1.1.5, Unrestricted Area Current TS 1.1.5 Proposed TS 1.1.5 Unrestricted Area The TS is proposed to be deleted in its entirety.

Basis This definition is proposed for deletion, because the term is defined in 10 CFR 20.1003; therefore, the definition need not be repeated in the IP1 PDTS.

TS 1.2, Exclusion Distance Current TS 1.2 Proposed TS 1.2 1.2.1 The minimum distance from the reactor 1.2.1 The minimum distance from the reactor facility to the nearest land boundary of facility to the nearest land boundary of the exclusion area, as defined in the exclusion area, as defined in 10CFR100 shall be 1400 feet. 10CFR10010 CFR 100 shall be 1400 feet.

1.2.2 The minimum distance from the reactor center line to the boundary of the site 1.2.2 The minimum distance from the reactor exclusion area and the outer boundary center line to the boundary of the site of the low population zone as defined in exclusion area and the outer boundary of 10CFR100.3 is 460 meters and 1100 the low population zone as defined in meters, respectively. 10CFR100.310 CFR 100.3 is 460 meters and 1100 meters, respectively.

Basis These TSs will be retained in the IP1 PDTS, but modified by making editorial corrections to 10 CFR 100 and 10 CFR 100.3, respectively.

TS 1.3, Principal Activities Current TS 1.3 Proposed TS 1.3 Principal Activities The TS is proposed to be deleted in its entirety.

Basis This TS is proposed to be deleted in its entirety, because it is not utilized in the PDTS.

TS Section 2.1, Electrical Power Supply Current TS 2.1 Proposed TS 2.1 Power for electrical equipment shall DeletedPower for electrical equipment shall normally be supplied by at least two normally be supplied by at least two independent independent transmission feeders from the transmission feeders from the Consolidated Edison Consolidated Edison system. If power is system. If power is lost to the spent fuel storage lost to the spent fuel storage area radiation area radiation monitor, a portable monitor will be monitor, a portable monitor will be promptly promptly set up in the spent fuel storage area.

set up in the spent fuel storage area.

NL-20-012 Enclosure Page 15 of 27 Basis This TS is proposed to be deleted in its entirety. No IP1 SSCs are required to perform a function to mitigate any DBA. In addition, the spent fuel storage pool for IP1 is no longer in use, because the spent fuel has been transferred to the IPEC ISFSI, and other material removed.

TS Section 2.2, Fuel Storage Current TS 2.2.1 Proposed TS 2.2.1 2.2.1 No fuel other than Irradiated fuel 2.2.1 No fuel other than Irradiated fuel from from Indian Point Unit No. 1 shall be Indian Point Unit No. 1 shall be stored in the stored in the Unit No. 1 spent fuel Unit No. 1 spent fuel storage area. No storage area. No fresh fuel shall be fresh fuel shall be stored at Unit No. 1.

stored at Unit No. 1.

Current TS 2.2.2 Proposed TS 2.2.2 Spent fuel storage shall be provided in the This TS is proposed to be deleted in its entirety.

storage pools in the Fuel Handling Building.

Current TS 2.2.3 Proposed TS 2.2.3 Spent fuel storage shall be provided with This TS is proposed to be deleted in its entirety.

racks that shall limit the effective multiplication factor to less than 0.75.

Current TS 2.2.4 Proposed TS 2.2.4 Radiation levels in the spent fuel storage This TS is proposed to be deleted in its entirety.

area shall be monitored continuously with a high level alarm indication in a location manned by a licensed operator*

Current TS 2.2.5 Proposed TS 2.2.5 If a spent fuel pool contains spent fuel, the This TS is proposed to be deleted in its entirety.

spent fuel cask shall not be moved over that pool or within a distance of that pool such that the cask could strike the pool if it fell or tipped.

Current TS 2.2.6 Proposed TS 2.2.6 A dead-load test shall be successfully This TS is proposed to be deleted in its entirety.

performed on the fuel handling building crane before fuel movement begins Basis TS 2.2.1 is proposed to be renumbered as TS 2.2 and modified to reflect that no fuel will be permitted to be stored in the IP1 spent fuel storage area. TS 2.2.2 through TS 2.2.6 are proposed to be deleted in their entirety. The IP1 spent fuel has been transferred to the IPEC ISFSI; thus, fuel is no longer stored in the IP1 spent fuel storage pool.

NL-20-012 Enclosure Page 16 of 27 TS Section 2.3, Fire Protection Current TS 2.3 Proposed TS 2.3 Overall site fire protection is provided by a This TS is proposed to be deleted in its entirety.

fire protection system, which is common to both Unit No. 1 and Unit No. 2. Operation, maintenance and testing are controlled by common procedures.

Basis TS 2.3 is proposed to be eliminated in its entirety. With IP1 permanently shut down and defueled, License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. For IP2, the certifications required by 10 CFR 50.82(a)(1) have been submitted and docketed, and as such, its 10 CFR Part 50 license no longer authorizes operation of the reactor or placement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). As a result, the fire protection program is revised to take into account the decommissioning facility conditions and activities.

During the decommissioning process, a fire protection program is required by 10 CFR 50.48(f) to address the potential for fires that could result in a radiological hazard. However, the regulation is applicable regardless of whether a requirement for a fire protection system is included in the TSs. Therefore, a TS requiring such a fire protection system for a permanently shut down and defueled facility is not needed.

TS 3.1, Responsibility Current TS 3.1 Proposed TS 3.1 Responsibilities are as specified in Responsibilities are as specified in Appendix A to Appendix A to the Indian Point Nuclear the Indian Point Nuclear Generating Unit No. 2 Generating Unit No. 2 Facility Operating Facility Operating License No. DPR-26.

License No. DPR-26.

Basis TS 3.1 is proposed to be modified by eliminating the reference to "Operating." License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. In addition, IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. For IP2, the certifications required by 10 CFR 50.82(a)(1) have been submitted and docketed, and as such, its 10 CFR Part 50 license no longer authorizes operation of the reactor or placement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). As a result, the responsibilities for facility operation will be revised to take into account the decommissioning facility conditions and activities. Therefore, the revised IP2 requirements will continue to apply to IP1.

NL-20-012 Enclosure Page 17 of 27 TS 3.2, Organization Current TS 3.2 Proposed TS 3.2 The organization requirements are as The organization requirements are as specified in specified in Appendix A to the Indian Point Appendix A to the Indian Point Nuclear Generating Nuclear Generating Unit No. 2 Facility Unit No. 2 Facility Operating License No. DPR-26.

Operating License No. DPR-26.

a. All fuel handling shall be under the direct

a. All fuel handling shall be under the supervision of a licensed operator.*

direct supervision of a licensed operator.*

b. The Shift Manager is responsible for operations at the Unit No. 1 facility.

Licensed operator for IP-2

Licensed operator for IP-2 Basis TS 3.2 is proposed to be modified by eliminating the reference to "Operating" and eliminating the reference to fuel handling activities at IP1, including the requirement for a Licensed Unit No. 2 Operator. With IP1 permanently shut down and defueled, License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor. For IP2, the certifications required by 10 CFR 50.82(a)(1) have been submitted and docketed, and as such, its 10 CFR Part 50 license no longer authorizes operation of the reactor or placement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2). Thus, a licensed operator is no longer needed for IP2.

TS 3.3, Operating Instructions and Procedures Current TS 3.3.2 Proposed TS 3.3.2 Detailed written instruction setting forth Detailed written instruction setting forth procedures procedures used in connection with the used in connection with the operation and operation and maintenance of the nuclear maintenance of the nuclear power plantfacility power plant shall conform to the shall conform to the requirements specified in requirements specified in Appendix A to the Appendix A to the Indian Point Nuclear Generating Indian Point Nuclear Generating Unit No. 2 Unit No. 2 Facility Operating License No. DPR-26.

Facility Operating License No. DPR-26.

Current TS 3.3.3 Proposed TS 3.3.3 Operation and maintenance of equipment This TS is proposed to be deleted in its entirety.

related to safety when there is no fuel in the reactor shall be in accordance with written instructions.

NL-20-012 Enclosure Page 18 of 27 Basis TS 3.3.2 is proposed to be modified to replace the reference to "operation and maintenance of the nuclear power plant" with a reference to "facility" and to eliminate the word "Operating." The IP1 facility is permanently shut down and defueled, and the spent fuel has been transferred to the IPEC ISFSI. It is no longer a plant that generates electricity; thus, the use of the term "facility" is more appropriate. In addition, the certifications required by 10 CFR 50.82(a)(1) have been submitted and docketed for IP2, and as such, its 10 CFR Part 50 license no longer authorizes operation of the reactor or placement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2).

TS 3.3.3 is proposed to be deleted in its entirety. This requirement is a generic requirement that is duplicated by requirements in the Quality Assurance Program Manual.

TS 4.1, General Current TS 4.1 Proposed TS 4.1 Whenever any operation is being performed DeletedWhenever any operation is being that could result in the release of performed that could result in the release of radioactivity or create a change in radiation radioactivity or create a change in radiation levels, levels, supporting facilities shall be supporting facilities shall be maintained and maintained and operated as required in operated as required in these Technical these Technical Specifications. Specifications.

Basis TS 4.1 is proposed to be deleted in its entirety. This TS provides a general requirement regarding activities at IP1 involving any operation that could result in the release of radioactivity or create a change in radiation levels. It applies to TS 4.2 through TS 4.6.

TS 4.2 and 4.5 will be maintained in the IP1 TSs; however, TS 4.1 is not required to ensure that IP1 complies with these TSs. As further discussed below, TS 4.3, TS 4.4, and TS 4.6 are proposed to be deleted in their entirety. Thus, TS 4.1 will no longer serve a purpose in the IP1 TSs.

TS 4.3, Radioactive Waste Current TS 4.3 Proposed TS 4.3 All radioactive waste material shall be DeletedAll radioactive waste material shall be handled in accordance with 10 CFR Part handled in accordance with 10 CFR Part 20. In

20. In addition, solid radioactive waste addition, solid radioactive waste shall be controlled shall be controlled as specified in the as specified in the Process Control Program.

Process Control Program.

NL-20-012 Enclosure Page 19 of 27 Basis TS 4.3 is proposed to be deleted in its entirety. TS 4.3 requires radioactive waste to be handled and controlled in accordance with 10 CFR 20 and Process Control Program procedures. This TS implements the requirements of 10 CFR Parts 20, 61 and 71. It is not necessary to restate these requirements in the IP1 TSs. The Process Control Program is conducted under standard procedures with revisions approved by facility processes, and program changes are reported to the NRC by the Annual Radioactive Effluent Report.

TS 4.4, Radiation Monitoring Current TS 4.4 Proposed TS 4.4 Radiation monitoring systems shall be DeletedRadiation monitoring systems shall be maintained operable for: (1) sphere maintained operable for: (1) sphere foundation foundation sump, (2) secondary purification sump, (2) secondary purification blowdown cooling blowdown cooling water, and (3) area water, and (3) area radiation monitors. If radiation monitors. If monitoring systems monitoring systems are not operable, effluent are not operable, effluent sampling and/or sampling and/or local monitoring shall be local monitoring shall be accomplished to accomplished to replace the non-operating system.

replace the non-operating system. In In addition, Unit 1 radioactive effluent monitoring addition, Unit 1 radioactive effluent instrumentation shall be operable as specified in monitoring instrumentation shall be the ODCM.

operable as specified in the ODCM.

Basis TS 4.4 is proposed to be deleted in its entirety. The requirements for radiation monitoring will be relocated to the DSAR for the sphere foundation sump. The monitoring requirements for the area radiation monitors and secondary purification blowdown cooling water will be eliminated.

The radiation monitors for the sphere foundation sump do not satisfy any of the requirements of 10 CFR 50.36(c)(2)(ii)(a) through (d). Thus, they are not required to be included within the TSs.

Relocation of the sphere foundation sump radiation monitoring requirements to the DSAR is appropriate because changes to the DSAR will be reviewed in accordance with 10 CFR 50.59 and the updates will be available for review by NRC inspectors. This is consistent with the NRCs statement in its safety evaluation for Amendment No. 45 to License No. DPR-5 (Reference 3):

"10 CFR 50.71 and its statement of considerations (45 FR 30614, May 9, 1980) specifically excludes IP-1 from 10 CFR 50.71 requirements to submit revised pages of the FSAR to the NRC. Con Edison is, however, required to comply with 10 CFR 50.59 requirements to update the FSAR and have it available for review by NRC inspectors."

The requirements for the area radiation monitoring system and radiation monitoring system for the secondary purification blowdown cooling water are no longer required. These systems are no longer required to perform a function. The IP1 facility is permanently shut down and defueled, and the IP1 spent fuel has been transferred to the IPEC ISFSI.

NL-20-012 Enclosure Page 20 of 27 TS 4.6, Spent Fuel Storage and Handling Current TS 4.6.1 Proposed TS 4.6.1 All irradiated fuel shall be stored in the This TS is proposed to be deleted in its entirety.

racks provided in the Fuel Handling Building Storage pools, with sufficient shielding that ensures that the radiation level on the operating deck is 15 mr/hr...

Current TS 4.6.2 Proposed TS 4.6.2 Whenever, spent fuel storage pool water This TS is proposed to be deleted in its entirety.

inventory is provided for personnel shielding, the normal water level shall be maintained at or above elevation 48 feet (approximately 6 feet above the top of the spent fuel racks)

Current TS 4.6.3 Proposed TS 4.6.3 Water chemistry in any spent fuel storage This TS is proposed to be deleted in its entirety.

pool containing spent fuel shall be maintained within the following limits Current TS 4.6.4 Proposed TS 4.6.4 Ventilation capable of directing all Fuel This TS is proposed to be deleted in its entirety.

Handling Building airborne effluents through monitoring pathways shall be available during any fuel movement or other activity that might potentially damage spent fuel assemblies.

Basis TS 4.6, including TS 4.6.1 through 4.6.4, is proposed to be deleted in its entirety. The IP1 spent fuel has been transferred to the IPEC ISFSI; thus, fuel is no longer stored in the IP1 spent fuel storage pool. There is no longer a need to address requirements regarding storage of irradiated fuel, shielding, water level, or water chemistry in the spent fuel storage pool. Given that fuel movement is complete and there are no other activities that may potentially damage spent fuel assemblies in the spent fuel storage pool, the IP1 fuel handling building ventilation system is not required to perform a function.

NL-20-012 Enclosure Page 21 of 27 TS 5.2, Testing Current TS 5.2.1 Proposed TS 5.2.1 5.2.1 Functional radiation monitoring 5.2.1 Functional radiation monitoring systems systems (only for the following: (only for the following: sphere foundation sphere foundation sump and sump and secondary purification blowdown secondary purification blowdown cooling water) and area radiation monitoring cooling water) and area radiation systems shall be:

monitoring systems shall be: (a) qualitatively checked daily to verify (a) qualitatively checked daily to acceptable operability of instrument verify acceptable operability of channel behavior during operation, and instrument channel behavior (b) tested quarterly by injection of a during operation, and simulated signal into the instrument (b) tested quarterly by injection of a channel to verify that it is operable, simulated signal into the including alarm and/or trip initiating instrument channel to verify that action. The quarterly interval is defined it is operable, including alarm as quarterly plus or minus 25% of the and/or trip initiating action. The quarter.

quarterly interval is defined as quarterly plus or minus 25% of the quarter.

Current TS 5.2.2 Proposed TS 5.2 5.2.2 Unit 1 radioactive effluent monitoring 5.2.2 5.2 Unit 1 radioactive effluent monitoring instrumentation shall satisfy the instrumentation shall satisfy the surveillance surveillance requirements as requirements as specified in the ODCM.

specified in the ODCM.

Basis TS 5.2.1 is proposed to be deleted in its entirety, including the deletion of the Section Number 5.2.1. TS 5.2.2 is proposed to be renumbered as TS 5.2. The requirements for testing the radiation monitoring system for the sphere foundation sump will be relocated to the DSAR. The testing requirements for the area radiation monitoring system and the radiation monitoring system for the secondary purification blowdown cooling water will be eliminated.

The radiation monitoring system for the sphere foundation sump do not satisfy any of the requirements 10 CFR 50.36(c)(2)(ii)(a) through (d). Thus, they are not required to be included within the TS. Relocation of the sphere foundation sump testing requirements to the DSAR is appropriate, because changes to the DSAR will be reviewed in accordance with 10 CFR 50.59 and the updates will be available for review by NRC inspectors. This is consistent with the NRCs statement in its safety evaluation for Amendment No. 45 to License No. DPR-5 (Reference 3):

"10 CFR 50.71 and its statement of considerations (45 FR 30614, May 9, 1980) specifically excludes IP-1 from 10 CFR 50.71 requirements to submit revised pages of the FSAR to the NRC. Con Edison is, however, required to comply with 10 CFR 50.59 requirements to update the FSAR and have it available for review by NRC inspectors."

The testing requirements for the area radiation monitoring system and radiation monitoring system for secondary purification blowdown cooling water are no longer required. These

NL-20-012 Enclosure Page 22 of 27 systems are no longer required to perform a function. The IP1 facility is permanently shut down and defueled, and the IP1 spent fuel has been transferred to the IPEC ISFSI.

In addition, the TS section number for TS 5.2.2 is deleted. It will be renumbered as TS 5.2. This is an administrative change.

TS 5.3, Spent Fuel Storage Pool Sampling Current TS 5.3 Proposed TS 5.3 Any spent fuel storage pool containing This TS is proposed to be deleted in its entirety.

spent fuel stored in water shall be sampled monthly for chloride level, pH and Cesium 137 activity Basis TS 5.3 is proposed to be deleted in its entirety. The IP1 spent fuel has been transferred to the IPEC ISFSI; thus, fuel is no longer stored in the IP1 spent fuel storage pool and there is no longer a need to sample the water in the spent fuel storage pool.

TS 6.0, Plant Reporting Requirements Current TS 6.0 Proposed TS 6.0 Reporting Requirements are as specified in Reporting Requirements are as specified in Appendix A to the Indian Point Nuclear Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating Generating Unit No. 2 Facility Operating License License No. DPR-26. No. DPR-26.

Basis TS 6.0 is proposed to be modified by eliminating the reference to "Operating." With the IP2 certifications required by 10 CFR 50.82(a)(1) having been submitted and docketed, its 10 CFR Part 50 license no longer authorizes operation of the reactor or placement or retention of fuel in the reactor vessel pursuant to 10 CFR 50.82(a)(2).

3.1 APPLICABLE REGULATORY REQUIREMENT/CRITERIA 10 CFR 50.36, Technical Specifications An assessment of the criteria of 10 CFR 50.36 was previously provided in this License Amendment Request. It concludes that the premise of 10 CFR 50.36(c)(6) applies to IP1. Thus, the TS requirements for IP1 should be developed on a case-by-case basis.

This proposed amendment deletes the portions of the previous IP1 TSs that are no longer applicable to a facility that is permanently shut down and defueled, with all of its spent fuel stored at an ISFSI, and modifies the remaining portions to correspond to the current condition of IP1.

10 CFR 50.48(f), Fire Protection During Decommissioning The 10 CFR 50.48(f) paragraph states:

NL-20-012 Enclosure Page 23 of 27 "Licensees that have submitted the certifications required under § 50.82(a)(1) shall maintain a fire protection program to address the potential for fires that could cause the release or spread of radioactive materials (i.e., that could result in a radiological hazard). A fire protection program that complies with NFPA 805 shall be deemed to be acceptable for complying with the requirements of this paragraph.

(1) The objectives of the fire protection program are to (i) Reasonably prevent these fires from occurring; (ii) Rapidly detect, control, and extinguish those fires that do occur and that could result in a radiological hazard; and (iii) Ensure that the risk of fire-induced radiological hazards to the public environment and plant personnel is minimized.

(2) The licensee shall assess the fire protection program on a regular basis. The licensee shall revise the plan as appropriate throughout the various stages of facility decommissioning.

(3) The licensee may make changes to the fire protection program without NRC approval if these changes do not reduce the effectiveness of fire protection for facilities, systems, and equipment that could result in a radiological hazard, taking into account the decommissioning plant conditions and activities."

The requirement to submit certifications in accordance with 10 CFR 50.82(a)(1) was established after IP1 was shut down. However, IP1 is contiguous with IP2 and some of its systems support IP3. In Reference 1, Entergy certified to the NRC that power operations ceased at IP2 on April 30, 2020 and the fuel was permanently removed from the IP2 reactor vessel and placed in the IP2 spent fuel pool on May 12, 2020. With the docketing of the IP2 certifications in accordance with 10 CFR 50.82(a)(1)(i) and (ii), Entergy is required to maintain a fire protection program for IP2 that complies with 10 CFR 50.48(f) using the approved fire protection program. This program will also be applied to IP1. For IP3, the requirements for an operating nuclear power plant will continue to apply.

While the IP1 Appendix A TSs are revised to denote that IP1 systems are utilized to support IP3, the continued operation of IP3 and planned permanent cessation of operations on April 30, 2021 do not impact the implementation of the IP1 PDTS.

10 CFR 50.51, Continuation of License The 10 CFR 50.51(b) paragraph states: "Each license for a facility that has permanently ceased operations, continues in effect beyond the expiration date to authorize ownership and possession of the production or utilization facility, until the Commission notifies the licensee in writing that the license is terminated. During such period of continued effectiveness, the licensee shall:

(1) Take actions necessary to decommission and decontaminate the facility and continue to maintain the facility, including, where applicable, the storage, control and maintenance of the spent fuel, in a safe condition, and (2) Conduct activities in accordance with all other restrictions applicable to the facility in accordance with the NRC regulations and the provisions of the specific 10 CFR part 50 license for the facility."

NL-20-012 Enclosure Page 24 of 27 Design Basis Accidents (DBAs)

The IP1 facility is permanently shut down and defueled, and the IP1 spent fuel has been transferred from the IP1 spent fuel storage pool to the IPEC ISFSI. In addition, the IP1 spent fuel storage pool has been drained. There are limited operating systems remaining at IP1. Only those areas that either store or process radioactive materials (the Fuel Handling Building and waste storage/process areas in the Chemical Systems Building and the Integrated Liquid Radwaste Systems Building) need to be considered in evaluating the radiological hazards for IP1. The limited operating systems combined with the reduced radioactive source term result in a limited potential impact due to a possible radiological release resulting from an event at IP1.

Due to its current configuration and current licensing basis, there are no postulated DBAs that remain applicable to IP1.

3.2 NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION Pursuant to 10 CFR 50.92, Entergy has reviewed the proposed changes and concludes that the changes do not involve a significant hazards consideration since the proposed changes satisfy the criteria in 10 CFR 50.92(c). These criteria require that operation of the facility in accordance with the proposed amendment would not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated; (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.

This proposed license amendment would revise the Indian Point Nuclear Generating Station, Unit No. 1 (IP1) Provisional Operating License (POL) and revise the Technical Specifications (TSs) in Appendix A of the POL. The proposed changes are consistent with the current condition of IP1 (i.e., permanently shut down and defueled, with all of its spent fuel stored at the Indian Point Energy Center (IPEC) Independent Spent Fuel Storage Installation (ISFSI)). The proposed changes would revise certain requirements contained within the IP1 POL and TSs and remove the requirements that are no longer applicable. In addition, the IP1 POL and TSs will be renamed the Provisional License (PL) and the Permanently Defueled Technical Specifications (PDTS).

The discussion below addresses each 10 CFR 50.92(c) no significant hazards consideration criterion and demonstrates that the proposed amendment does not constitute a significant hazard.

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The proposed amendment would modify the IP1 POL and TSs in Appendix A by deleting the portions of the POL and TSs that are no longer applicable, while modifying other portions to correspond to the current condition of IP1 (i.e., permanently shut down and defueled, with all of its spent fuel stored at the IPEC ISFSI). These proposed changes are consistent with the criteria set forth in 10 CFR 50.36 for the contents of TSs.

NL-20-012 Enclosure Page 25 of 27 The proposed changes to the IP1 POL and Appendix A TSs have no impact on facility structures, systems, and components (SSCs) or the methods of operation of the IP1 SSCs that remain in operation. No IP1 SSCs are required to perform a function to mitigate any Design Basis Accident (DBA). No postulated DBAs remain at IP1. At IP1, the occurrence of postulated accidents associated with reactor operation, fuel handling activities, and the movement of heavy loads over fuel are no longer credible.

The proposed changes do not affect the capability to: a) safely manage irradiated fuel at the IPEC ISFSI; b) maintain IP1 in a permanently shut down and defueled condition; or c) control or manage a release of gaseous waste or radioactive liquid. These activities will continue to be controlled and managed in accordance with site procedures.

Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

At IP1, the occurrence of postulated accidents associated with reactor operation, fuel handling activities, and the movement of heavy loads over fuel are no longer credible.

No IP1 SSCs are required to perform a function to mitigate any DBA. No postulated DBAs remain credible at IP1.

The proposed changes do not affect the capability to: a) safely manage irradiated fuel at the IPEC ISFSI; b) maintain IP1 in a permanently shut down and defueled condition; or c) control or manage a release of gaseous waste or radioactive liquid. These activities will continue to be controlled and managed in accordance with site procedures.

Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated.

3. Does the proposed amendment involve a significant reduction in a margin of safety?

Response: No.

License Condition 2.a) of the IP1 POL no longer authorizes operation of the reactor, and IP1 TS 3.3.1 does not allow fuel to be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the NRC. In addition, the spent fuel has been transferred from the IP1 spent fuel storage pool to the IPEC ISFSI and the IP1 spent fuel storage pool has been drained. Thus, the occurrence of postulated accidents associated with reactor operation, fuel handling accidents, and heavy-load drop events over fuel are no longer credible. Only a limited number of operating systems remain at IP1. That, combined with the reduced radioactive source term, result in a limited potential impact due to a possible radiological release resulting from an event at IP1. Radiological releases due to the applicable accidents, transients, and events are addressed in the IP2 Defueled Safety Analysis Report and the IP3 Final Safety Analysis Report.

NL-20-012 Enclosure Page 26 of 27 The proposed amendment would modify the IP1 POL and TSs in Appendix A by deleting the portions of the POL and TSs that are no longer applicable, while modifying other portions to correspond to the current condition of IP1 (i.e., permanently shut down and defueled, with all of its spent fuel stored at the IPEC ISFSI). No IP1 SSCs are required to perform a function to mitigate any DBA.

The proposed changes do not affect the capability to: a) safely manage irradiated fuel at the IPEC ISFSI; b) maintain IP1 in a permanently shut down and defueled condition; and c) control or manage a release of gaseous waste or radioactive liquid. These activities will continue to be controlled and managed in accordance with site procedures.

Therefore, the proposed amendment does not involve a significant reduction in the margin of safety.

Based on the above, Entergy concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of "no significant hazards consideration" is justified.

3.3 PRECEDENT There are no recent precedents with similar changes due to the age of the IP1 POL and non-standard content of the Appendix A TSs. The proposed changes to the IP1 POL and Appendix A TSs are consistent with the intent of the 10 CFR Part 50 license and accompanying TSs issued to facilities that have been permanently shut down and defueled, with all of the spent fuel stored at an ISFSI.

3.4 CONCLUSION

Based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's 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.

4. ENVIRONMENTAL CONSIDERATIONS This amendment request meets the eligibility criteria for categorical exclusion from environmental review set forth in 10 CFR 51.22(c)(9) as follows:

(i) The amendment involves no significant hazards consideration.

As described in Section 3.2 of this evaluation, the proposed amendment involves no significant hazards consideration.

(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

NL-20-012 Enclosure Page 27 of 27 The proposed amendment does not involve any physical alterations to the facility configuration that could lead to a change in the type or amount of effluent release offsite.

(iii) There is no significant increase in individual or cumulative occupational radiation exposure.

The proposed amendment does not involve a significant increase in individual or cumulative occupational radiation exposure.

Based on the above, Entergy concludes that the proposed change meets the eligibility criteria for categorical exclusion as set forth in 10 CFR 51.22(c)(9). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

5. REFERENCES

1. Entergy Nuclear Operations, Inc. (Entergy) letter to U.S. Nuclear Regulatory Commission (NRC), "Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel," (Letter No. NL-20-042) (ADAMS Accession No. ML20133J902), dated May 12, 2020

2. Entergy letter to NRC, "Technical Specifications Proposed Change - Permanently Defueled Technical Specifications, Indian Point Nuclear Generating Station Unit No. 3," (Letter No.

NL-20-033) (ADAMS Accession No. ML20132A200), dated April 28, 2020

3. Letter from P. Erickson (NRC) to S. Bram (Consolidated Edison Company of New York, Inc.), "Order to Authorize Decommissioning and Amendment No. 45 to License No. DPR-5 for Indian Point Unit No. 1 (TAC No. M59664)," dated January 31, 1996

4. Statement of Consideration, "Technical Specification for Facility Licenses; Safety Analysis Reports," Federal Register 33 FR 18610 (December 17, 1968)

5. Codification of 10 CFR 50.36 published in Federal Register 60 FR 36953 (July 19, 1995)

Enclosure, Attachment 1 NL-20-012 Indian Point Nuclear Generating Station, Unit No. 1 Mark-up of the Current Provisional Operating License and Appendix A Technical Specifications

ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NO.50-003 INDIAN POINT NUCLEAR GENERATING STATION, UNIT NO. 1 AMENDMENT TO PROVISIONAL OPERATING LICENSE Amendment No. 52 May 30, 2002 License No. DPR-5 be maintained The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Entergy Nuclear Operations, Inc. (the licensee), dated May 30,2002, complies with the standards and requirements of rules the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rues and regulations set forth in 10 CFR Chapter 1; 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 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.

is Accordingly, License No. DPR-5 is hereby amended as indicated in the attachment to this license amendment, and paragraphs 3.B and 9 of Provisional Operating License No. DPR-5 are hereby amended to read as follows: (the facility)

. The facility is

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, and described in the amended and Substituted Application for Licenses dated November 30, 1960, as amended; in the Application for License amendment dated April 6, 1965, as 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 to the conditions and requirements incorporated herein, the Amdt. 45 U.S. Nuclear Regulatory Commission (hereinafter referred to as "the 1-31-96 Commission") hereby licenses: Defueled Safety a) ENIP2 and ENO, pursuant to Section 104b. of the Act and Title Analysis Report, as 10CFR Part 50, "Licensing of Production and Utilization supplemented and Facilities," to possess but not operate the facility at the amended, 10 CFR Amendment N0. 52

designated location in Westchester County, New York, in accordance with the procedures and limitations described in the application and this license; b) ENO, pursuant to the Act and 10 CFR Part 70, to receive and possess up to 1918 kilograms of contained uranium-235 previously received for reactor operation; c) Deleted; d) Deleted; e) ENO, pursuant to the Act and 10 CFR Parts 30 and 70, to receive Arndt. 45 and possess, but not to separate, such byproduct and special 1-31-96 materials as were produced by the prior operation of the facility; f) Deleted;

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 ENO is prohibited from taking the reactor to criticality, and the facility shall not be operated at any power level.

XX b) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 59, are hereby incorporated in the license. ENO shall maintain the facility in accordance with the Technical Specifications.

Deleted c) Records In addition to those otherwise required under this license and applicable regulations, ENO shall keep the following records:

1. Reactor operating records, including power levels and period of operation at each power level.

2. Records showing the radioactivity released or discharged into the air or water beyond the effective control of ENO as measured at or prior to the point of such release 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.

Amendment N0. 59

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

6. Records of facility tests and measurements performed pursuant to the requirements of the Technical Specifications.

d) ENO 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 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 plans1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: 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.

ENO 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 ENO CSP was approved by License Amendment No. 55, as supplemented by changes approved by License Amendment Nos. 57, 59, and 60.

ENO has been granted Commission authorization to use "stand alone preemption authority" under Section 161A of the Atomic Energy Act, 42 U.S.C. 2201a with respect to the weapons described in Section II supplemented with Section Ill of Attachment 1 to its application submitted by letter dated August 20, 2013, as supplemented by letters dated November 21, 2013, and July 24, 2014, and citing letters dated April 27, 2011, and January 4, 2012. ENO shall fully implement and maintain in effect the provisions of the Commission-approved authorization.

1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 60

Deleted

4. Deleted by Amendment No.7, dated 11-14-74.

5. Definitions - As used in this license the term "facility means the following systems and components as described in the application:

a) The site as designated in Exhibit H-14 (Rev. 2) to the application, excluding: oil and coal storage facilities; the railroad spur; road systems and dock facility; and, to the extent not otherwise covered in this definition, the electrical transmissions lines and the Buchanan substation.

b) The reactor, including the reactor core, reactor vessel, support structure, instrumentation, and controls.

c) A primary coolant loop system, including piping, coolant pumps, nuclear boilers, pressurizer, auxiliary systems, instrumentation and controls.

d) A containment vessel to house the reactor and the primary loop system.

e) A cooling system for the containment vessel, including a system of pumps, piping, spray nozzles and heat exchangers.

f) A concrete radiation shield completely enclosing the containment vessel.

g) A system comprised of isolation valves and necessary operating controls to close penetrations of the containment vessel.

h) A ventilating system for the containment vessel, nuclear service building, chemical systems building, and fuel handling building.

i) A boron addition system, including mixing tanks, pumps, and piping.

j) Biological shielding, including water and concrete shields at the reactor vessel.

k) A decay heat cooling system, including heat interchangers, pumps and piping.

l) A closed, fresh-water coolant system, including heat interchangers, pumps and piping to provide cooling for the nuclear facility through heat interchangers where the heat in the fresh water is transferred to river water.

m) A chemical processing system, including ion exchangers, evaporators, heat interchangers, pumps, piping, and tanks to remove and dispose of gaseous, liquid and solid radioactive products from the primary coolant and waste liquids.

n) A fuel handling and storage system, including canals, transfer tube, stop valves, and fuel handling devices.

Amendment N0. 58

o) 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) Sampling 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 (IP1) and such additional funds to be deposited in the decommissioning trusts for IP1 such that the total amount transferred for IP1 and Indian Point Nuclear Generating Unit No. 2 (IP2) is no less than $430,000,000.

Furthermore, ENIP2 shall either (a) establish a provisional trust for decommissioning funding assurance for IP1 and IP2 in an amount no less 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 funding assurance provided for IP1 by the combination of the decommissioning trust and the provisional trust or surety bond at the time of transfer of the licenses shall be at a level no less than the amounts calculated pursuant to, and required under, 10 CFR 50.75. The provisional trust and surety bond shall be subject to or be consistent with the following requirements, as applicable:

(a) Deleted Amendment No.

Provided for Information No changes to this page (b) Provisional Trust (i) The provisional trust agreement must be in a form acceptable to the NRC.

(ii) Investments in the securities or other obligations of Entergy Corporation or its affiliates, subsidiaries, successors, or assigns are and shall be prohibited. 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.

(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 in 18 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 IP1 or IP2 as defined by the NRC in its regulations and issuances, and as provided in this license and any amendments thereto.

Amendment No.

(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 regulations.

(ii) The surety company providing any surety bond obtained to comply with the requirements of the Order approving 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 IP1. 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.

7. Deleted

8. ENIP2 and ENO shall take no action to cause Entergy Global Investments, Inc., or Entergy International Ltd. LLC or their parent companies to void, cancel, or modify the

$55 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. Defueled DSAR

9. The approved Decommissioning Plan supplements the Final Safety Analysis Report (FSAR) and the licensee may (i) make changes in the facility or procedures as DSAR described in the FSAR or the Decommissioning Plan and (ii) conduct tests, or experiments not described in the FSAR or Decommissioning Plan, without prior Commission approval, provided the requirements of 10 CFR 50.59 and 10 CFR 50.82(a)(6) and (7) are satisfied. DSAR

10. The amended license is effective as of the date of issuance, shall be implemented within 30 days, and shall expire at midnight, September 28, 2013.

FOR THE ATOMIC ENERGY COMMISSION Original signed by and until the Commission notifies E. G. Case the licensee in writing that the license is terminated R. L. Doan, Director Division of Reactor Licensing Date of Issuance: October 29, 1965 To Be Determined Amendment No.

Appendix A to Provisional Operating License DPR-5 for Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Operations, Inc.

Indian Point Station Unit No. 1 Docket No. 50-3 Amendment No. 50

PERMANENTLY DEFUELED Note: Page TECHNICAL SPECIFICATIONS Numbers will be TABLE OF CONTENTS updated in the re-typed version Section Title Page 1.0 General Information 1 1.1 Definitions 2 1.2 Exclusion Distance 3 1.3 Principal Activities 3 Deleted 2.0 Reactor Facility Design Performance Requirements 4 2.1 Electrical Power Supply 4 2.2 Fuel Storage 4 2.3 Fire Protection 5 3.0 Administrative and Procedural Safeguards 5 3.1 Responsibility 5 3.2 Organization 6 3.3 Operating Instructions and Procedures 7 Deleted 4.0 Operating Limitations 8 4.1 General 8 4.2 Deleted Release of Radioactive Liquids and Gases 8 4.3 Radioactive Waste 8 4.4 Radiation Monitoring 8 4.5 Radiological Environmental Monitoring 8 Deleted 4.6 Spent Fuel Storage and Handling 9 5.0 Maintenance 10 5.1 General 10 5.2 Testing 11 5.3 Spent Fuel Storage Pool Sampling 11 5.4 DELETED 6.0 Plant Reporting Requirements 12 6.1 DELETED 6.2 DELETED 6.3 DELETED 6.4 DELETED Amendment No. A4- 52 i I

Appendix A to Provisional Operating License DPR-5 For the Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Operations, Inc.

some of the facilities' structures, 1.0 GENERAL INFORMATION systems, and components 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 operated with 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 Inan Order dated January 31, 1996, the reactor activities at remains Ina defueled status and the unit continues to operate as a support facility for overall Indian Point Units 1 and 2 operations. Unit No. I and Unit No. 2 are physically contiguous and share a number of systems and facilities as well as a

, 2, and 3 common operating organization. The technical specifications contained herein recognize this commonality as well as the Intended use of the Unit No. 1 facilities to support Unit No. 2 until retirement 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. I contains radioactive waste processing facilities, which provide waste processing services for both Unit No. I 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 Inthe Offsite Dose Calculation Manual.

Unit Nos. 1, 2, and 3 Nos. 2 and 3 until the fuel for these units is transferred from the spent fuel pits to an offsite storage facility.

Amendment No. fi- 52 Page 1 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 to refer 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 IP1:

Docket 50-3 Exhibit K-5 (Rev. 1), uHazards Summary Report Consolidated Edison Thorium Reactor.' (January, 1960) Figures 1-2, 1-3, 3-14 only.

Docket 50-3 Exhibit K-5A1 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 Section 3.7.2.

1.1.2 Onerable-Onerabilitv A system, subsystem, train, component or device shall be operable or have operability when It is capable of performing its 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, Inthe 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, ENO, or other site licensee.

Amendment No. IT 52 Page 2 I

1.1.5 Unrestricted Area I An Unrestricted Area is any area at or beyond the Site Boundary, access to which is not controlled by either ENIP2, ENO, or other site licensee for purposes of protection of individuals from exposure to radiation and radioactive materials.

1.2 Exclusion Distance 10 CFR 100 1.2.1 The minimum distance from the reactor facility to the nearest land boundary of the exclusion area, as defined in 10CFR100 shall be 1400 feet.

1.2.2 The minimum distance from the reactor center line to the boundary of the site exclusion area and the outer boundary of the low population zone as defined in 10CFR100.3 is 460 meters and 1100 meters, respectively.

1.3 Principal Activities 10 CFR 100.3 The principal activities carried on within the Exclusion Area shall be the generation, transmission and distribution of steam and electrical energy (except by gas-fired power plant); associated service activities; activities relating to the controlled conversion of the atomic energy of fuel to heat energy by the process of nuclear fission; and the storage, utilization and production of special nuclear, source and byproduct materials. Transmission and distribution of natural gas shall be through the use of facilities located as described In the application as amended.

Amendment No. ST 52 Page 3 I

2.0 REACTOR FACILITY DESIGN PERFORMANCE REQUIREMENTS 2.1 Electrical Power Supplv Deleted Power for electrical equipment shall normally be supplied by at least two independent transmission feeders from the Consolidated Edison system. If power is lost to the spent fuel storage area radiation monitor, a portable monitor will be promptly set up in the spent fuel storage area.

2.2 Fuel Storage 2.2.1 No fuel other than Irradiated fuel from Indian Point Unit No. 1 shall be stored in the Unit No. I spent fuel storage area. No fresh fuel shall be stored at Unit No. 1.

2.2.2 Spent fuel storage shall be provided in the storage pools in the Fuel Handling Building. The Fuel Handling Building and the spent fuel storage pool will contain the spent fuel until such time as offsite spent fuel management facilities are provided for, and the spent fuel is transferred to the Department of Energy, or as authorized by 10 CFR Part 72.

2.2.3 Spent fuel storage shall be provided with racks that shall limit the effective multiplication factor to less than 0.75.

2.2.4 Radiation levels in the spent fuel storage area shall be monitored continuously with a high level alarm Indication in a location manned by a licensed operator* whenever there Is irradiated fuel stored therein. If the monitor is inoperable, a portable monitor may be used. In such cases, provisions shall be made for prompt notification of a licensed operator upon actuation of the portable monitores high level alarm.

Amendment No. 45T 52 Page 4 I

2.2.5 If a spent fuel pool contains spent fuel, the spent fuel cask shall not be moved over that pool or within a distance of that pool such that the cask could strike the pool if it fell or tipped.

2.2.6 A dead-load test shall be successfully performed on the fuel handling building crane before fuel movement begins. The load assumed by the crane for this test must be equal to or greater than the maximum load to be assumed by the crane during the fuel handling operation. A thorough visual inspection of the crane shall be made after the dead-load test and prior to fuel handling.

Licensed Operator for IP-2 2.3 Fire Protection Overall site fire protection is provided by a fire protection system, which is common to both Unit No. 1 and Unit No. 2. Operation, maintenance and testing are controlled by common procedures.

3.0 ADMINISTRATIVE AND PROCEDURAL SAFEGUARDS 3.1 Resnonsibility Responsibilities are as specified In Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating License No. DPR-26.

Amendment No. 45, 48, 52 Page 5 I

3.2 Organization The organization requirements are as specified InAppendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating License No. DPR-26.

a. All fuel handling shall be under the direct supervision of a licensed operator.*

b. The Shift Manager is responsible for operations at the Unit No. 1 facility.

Licensed operator for IP-2 Amendment No. 45,18, 49, 52 Page 6 I

3.3 Operating Instructions and Procedures 3.3.1 No fuel will be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the Nuclear Regulatory Commission.

facility 3.3.2 Detailed written Instruction setting forth procedures used in connection with the operation and maintenance of the nuclear power plant shall conform to the requirements specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating License No. DPR-26.

3.3.3 Operation and maintenance of equipment related to safety when there is no fuel in the reactor shall be In accordance with written Instructions.

Amendment No. 4 6, 48, 49, 52 Page 7 I

4.0 OPERATING LIMITATIONS 4.1 General Deleted Whenever any operation is being performed that could result Inthe release of radioactivity or create a change in radiation levels, supporting facilities shall be maintained and operated as required in these Technical Specifications.

4.2 Release of Radioactive Liauids and Gases The concentration of radioactive materials released In liquid or gaseous form to unrestricted areas shall not exceed the limits specified in 10 CFR Part 20. Release of radioactive liquids and gases shall also be consistent with the requirements of 10 CFR Part 50, Appendix I, as specified Inthe ODCM.

Deleted 4.3 Radioactive Waste All radioactive waste material shall be handled Inaccordance with 10 CFR Part

20. Inaddition, solid radioactive waste shall be controlled as specified Inthe Process Control Program.

Deleted 4.4 Radiation Monitoring Radiation monitoring systems shall be maintained operable for (1)sphere foundation sump, (2) secondary purification blowdown cooling water, and (3)area radiation monitors. If monitoring systems are not operable, effluent sampling and/or local monitoring shall be accomplished to replace the non-operating system. In addition, Unit I radioactive effluent monitoring instrumentation shall be operable as specified in the ODCM.

4.5 Radiological Environmental Monitoring The Indian Point site Radiological Environmental Monitoring Program shall be conducted as specified Inthe ODCM.

Amendment No. 4552 Page 8 I

4.6 Spent Fuel Storace and Handlinq I 4.6.1 All irradiated fuel shall be stored in the racks provided in the Fuel Handling I Building Storage pools, with sufficient shielding that ensures that the radiation level on the operating deck is

15 mr/hr. Should the radiation level be found to be above 15 mr/hr, corrective action shall be initiated to restore the level to

15 mr/hr.

Amendment No. 4 52 Page 9 I

4.6.2 Whenever, spent fuel storage pool water Inventory is provided for personnel shielding, the normal water level shall be maintained at or above elevation 48 feet (approximately 6 feet above the top of the spent fuel racks). Any pool in which spent fuel is stored shall be subject to weekly verification of water level. Should the water level be found to be below elevation 48 foot, both pool level and radiation level on the operating deck shall be verified daily. Should the water level be found to be below elevation 47 foot, corrective action shall be Initiated to Investigate the reason for the reduced level and restore the level to 2 48 foot.

4.6.3 Water chemistry Inany spent fuel storage pool containing spent fuel shall be maintained within the following limits:

Chlorides:

1.5 ppm pH: 4.0 - 8.0 Conductivity

20 pis/cm Should any of the above parameters be found to deviate from the specified limits an effort shall be promptly initiated to Investigate the cause of the deviation and a process to restore the parameter to within the applicable limit shall be established in a timely fashion.

4.6.4 Ventilation capable of directing all Fuel Handling Building airborne effluents through monitoring pathways shall be available during any fuel movement or other activity that might potentially damage spent fuel assemblies.

5.0 MAINTENANCE 5.1 General Components addressed in these technical specification requirements, which have been repaired, replaced, or otherwise subjected to temporary or permanent modification, shall be tested in accordance with procedures, which are appropriate in view of the nature of the repair, replacement, or modification, and the condition of the system.

Amendment No. 45- 52 Page 10 I

5.2 Testing 5.2.1 Functional radiation monitoring systems (only for the following: sphere foundation sump and secondary purification blowdown cooling water) and area radiation monitoring systems shall be:

(a) qualitatively checked daily to verify acceptable operability of instrument channel behavior during operation, and (b) tested quarterly by injection of a simulated signal Into the instrument channel to verify that It is operable, Including alarm and/or trip initiating action. The quarterly interval is defined as quarterly plus or minus 25%

of the quarter.

5.2.2 Unit 1 radioactive effluent monitoring Instrumentation shall satisfy the surveillance requirements as specified in the ODCM.

5.3 Spent Fuel Storage Pool Samolina Any spent fuel storage pool containing spent fuel stored in water shall be sampled monthly for chloride level, pH and Cesium 137 activity. If Cesium 137 activity is found to be elevated above normal levels, an effort shall be promptly initiated to investigate the cause of the elevated level and take subsequent corrective action, as appropriate.

Amendment No. ST7 62 Page 11 I

6.0 PLANT REPORTING REQUIREMENTS Reporting Requirements are as specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility Operating License No. DPR-26.

Amendment No. 45T 52 Page 12 I

Enclosure, Attachment 2 NL-20-012 Indian Point Nuclear Generating Station, Unit No. 1 Re-typed (Clean) Provisional License and Appendix A Permanently Defueled Technical Specifications

ENTERGY NUCLEAR OPERATIONS, INC.

DOCKET NO.50-003 INDIAN POINT NUCLEAR GENERATING STATION, UNIT NO. 1 AMENDMENT TO PROVISIONAL LICENSE Amendment No. XX License No. DPR-5 The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Entergy Nuclear Operations, Inc. (the licensee), dated May 30, 2002, 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 1; B. The facility will be maintained 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 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.

Accordingly, License No. DPR-5 is hereby amended as indicated in the attachment to this license amendment, and Provisional License No. DPR-5 is hereby amended to read as follows:

1. This license applies to the utilization facility consisting of a pressurized water reactor (the facility) and associated components and equipment, which is owned by ENIP2. The facility is located in Westchester County, New York, and described in the Defueled Safety Analysis Report, as supplemented and amended, and which is designated by ENIP2 as the Indian Point Station Unit No.1.

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

a) ENIP2 and ENO, pursuant to Section 104b. of the Act and Title 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess but not operate the facility at the designated location in Westchester County, New York, in accordance with the procedures and limitations described in the application and this license; Amendment No.

b) ENO, pursuant to the Act and 10 CFR Part 70, to possess up to 1918 kilograms of contained uranium-235 previously received for reactor operation; c) Deleted; d) Deleted; e) ENO, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not to separate, such byproduct and special materials as were produced by the prior operation of the facility; f) Deleted.

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 ENO is prohibited from taking the reactor to criticality, and the facility shall not be operated at any power level.

b) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. XX, are hereby incorporated in the license. ENO shall maintain the facility in accordance with the Technical Specifications.

c) Deleted d) ENO 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 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 plans1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: 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.

ENO 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 ENO CSP was approved by License Amendment No. 55, as supplemented by changes approved by License Amendment Nos. 57, 59, and 60.

1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No.

ENO has been granted Commission authorization to use "stand alone preemption authority" under Section 161A of the Atomic Energy Act, 42 U.S.C. 2201a with respect to the weapons described in Section II supplemented with Section Ill of Attachment 1 to its application submitted by letter dated August 20, 2013, as supplemented by letters dated November 21, 2013, and July 24, 2014, and citing letters dated April 27, 2011, and January 4, 2012. ENO shall fully implement and maintain in effect the provisions of the Commission-approved authorization.

4. Deleted

5. Deleted

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 (IP1) and such additional funds to be deposited in the decommissioning trusts for IP1 such that the total amount transferred for IP1 and Indian Point Nuclear Generating Unit No. 2 (IP2) is no less than $430,000,000. Furthermore, ENIP2 shall either (a) establish a provisional trust for decommissioning funding assurance for IP1 and IP2 in an amount no less 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 funding assurance provided for IP1 by the combination of the decommissioning trust and the provisional trust or surety bond at the time of transfer of the licenses shall be at a level no less than the amounts calculated pursuant to, and required under, 10 CFR 50.75. The provisional trust and surety bond shall be subject to or be consistent with the following requirements, as applicable:

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

(ii) Investments in the securities or other obligations of Entergy Corporation or its affiliates, subsidiaries, successors, or assigns are and shall be prohibited.

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.

(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.

(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 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 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 to the NRC and be in accordance 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 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 IP1. 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.

7. Deleted

8. ENIP2 and ENO shall take no action to cause Entergy Global Investments, Inc., or Entergy International Ltd. LLC or their parent companies to void, cancel, or modify the

$55 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.

9. The approved Decommissioning Plan supplements the Defueled Safety Analysis Report (DSAR) and the licensee may (i) make changes in the facility or procedures as described in the DSAR or the Decommissioning Plan and (ii) conduct tests, or experiments not described in the DSAR or Decommissioning Plan, without prior Commission approval, provided the requirements of 10 CFR 50.59 and 10 CFR 50.82(a)(6) and (7) are satisfied.

Amendment No.

10. The amended license is effective as of the date of issuance and until the Commission notifies the licensee in writing that the license is terminated.

FOR THE ATOMIC ENERGY COMMISSION Original signed by E. G. Case R. L. Doan, Director Division of Reactor Licensing Date of Issuance: To Be Determined Amendment No.

Appendix A to Provisional License DPR-5 for Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Operations, Inc.

Indian Point Station Unit No. 1 Docket No. 50-3 Amendment No.

PERMANENTLY DEFUELED TECHNICAL SPECFICATIONS TABLE OF CONTENTS Section Title Page 1.0 General Information 1 1.1 Definitions 1 1.2 Exclusion Distance 2 2.0 Reactor Facility Design Performance Requirements 2 2.1 Deleted 2 2.2 Fuel Storage 2 3.0 Administrative and Procedural Safeguards 2 3.1 Responsibility 2 3.2 Organization 2 3.3 Operating Instructions and Procedures 2 4.0 Operating Limitations 2 4.1 Deleted 2 4.2 Release of Radioactive Liquids and Gases 2 4.3 Deleted 3 4.4 Deleted 3 4.5 Radiological Environmental Monitoring 3 5.0 Maintenance 3 5.1 General 3 5.2 Testing 3 6.0 Plant Reporting Requirements 3 Amendment No.

Appendix A to Provisional License DPR-5 For the Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Operations, Inc.

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 operated with 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 some of the facilities structures, systems, and components support activities at Indian Point Units 1, 2, and 3. Unit No. 1 and Unit No. 2 are physically contiguous and share a number of systems and facilities as well as a common organization. The technical specifications contained herein recognize this commonality as well as the intended use of the Unit No. 1 facilities to support Unit Nos. 2 and 3 until the fuel for these units is transferred from the spent fuel pits to an offsite storage facility, and contain specific references to Appendix A to the Indian Point Unit No. 2 Facility License No. DPR-26. Unit No. 1 contains radioactive waste processing facilities, which provide waste processing services for Unit Nos. 1, 2, and 3. 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.

1.1 Definitions 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 License No. DPR-26.

Amendment No. Page 1

1.2 Exclusion Distance 1.2.1 The minimum distance from the reactor facility to the nearest land boundary of the exclusion area, as defined in 10 CFR 100 shall be 1400 feet.

1.2.2 The minimum distance from the reactor center line to the boundary of the site exclusion area and the outer boundary of the low population zone as defined in 10 CFR 100.3 is 460 meters and 1100 meters, respectively.

2.0 REACTOR FACILITY DESIGN PERFORMANCE REQUIREMENTS 2.1 Deleted 2.2 Fuel Storage No fuel shall be stored in the Unit No. 1 spent fuel storage area.

3.0 ADMINISTRATIVE AND PROCEDURAL SAFEGUARDS 3.1 Responsibility Responsibilities are as specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility License No. DPR-26.

3.2 Organization The organization requirements are as specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility License No. DPR-26.

The Shift Manager is responsible for the Unit No. 1 facility.

3.3 Operating Instructions and Procedures 3.3.1 No fuel will be loaded into the reactor core or moved into the reactor containment building without prior review and authorization by the Nuclear Regulatory Commission.

3.3.2 Detailed written instruction setting forth procedures used in connection with the facility shall conform to the requirements specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility License No. DPR-26.

4.0 OPERATING LIMITATIONS 4.1 Deleted 4.2 Release of Radioactive Liquids and Gases The concentration of radioactive materials released in liquid or gaseous form to unrestricted areas shall not exceed the limits specified in 10 CFR Part 20. Release of radioactive liquids and gases shall also be consistent with the requirements of 10 CFR Part 50, Appendix I, as specified in the ODCM.

Amendment No. Page 2

4.3 Deleted 4.4 Deleted 4.5 Radiological Environmental Monitoring The Indian Point site Radiological Environmental Monitoring Program shall be conducted as specified in the ODCM.

5.0 MAINTENANCE 5.1 General Components addressed in these technical specification requirements, which have been repaired, replaced, or otherwise subjected to temporary or permanent modification, shall be tested in accordance with procedures, which are appropriate in view of the nature of the repair, replacement, or modification, and the condition of the system.

5.2 Testing Unit 1 radioactive effluent monitoring instrumentation shall satisfy the surveillance requirements as specified in the ODCM.

6.0 PLANT REPORTING REQUIREMENTS Reporting Requirements are as specified in Appendix A to the Indian Point Nuclear Generating Unit No. 2 Facility License No. DPR-26.

Amendment No. Page 3

v t e Letter Sequence Request
EPID:L-2020-LLR-0045, TSTF-563, TSTF-448, TSTF-4, TSTF-529, Clarify Use and Application Rules, TSTF-563 (Approved, Closed)
Initiation Request, Request, Request, Request, Request, Request Acceptance Administration Questions Answers 30 March 2020 Results Approval Other: ML20091M199, ML20344A419, ML20345A305
MONTHYEAR2020-03-31 [Table View]

NL-20-012, Application to Revise Provisional Operating License and Technical Specifications

Text

SUBJECT:

References:

Enclosure:

Enclosure:

SUMMARY

3.4 CONCLUSION

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