NRC-12-0083, License Amendment Request to Change Licensee Name on the Operating License

License Amendment Request to Change Licensee Name on the Operating License

ML13002A021
Person / Time
Site:	Fermi
Issue date:	12/21/2012
From:	Conner J DTE Energy, Detroit Edison
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NRC-12-0083
Download: ML13002A021 (21)

Text

J. Todd Conner Site Vice President DTE Energy Company 6400 N.Dixie Highway, Newport, MI 48166 Tel: 734.586.4849 Fax: 734.586.5295 Email: connerj@dteenergy.com DTE Energy-10 CFR 50.90 December 21, 2012 NRC- 12-0083 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington D C 20555-0001

Reference:

Fermi 2 NRC Docket No. 50-341 NRC License No. NPF-43

Subject:

License Amendment Request to Change Licensee Name on the Operating License As of January 1, 2013, The Detroit Edison Company (Detroit Edison) will change its name to DTE Electric Company.

In accordance with the provisions of 10 CFR 50.90 of the Code of Federal Regulations, Detroit Edison, sole owner and licensee of Fermi 2, submits this request for an amendment of the Fermi 2 operating license to change its name on the license to "DTE Electric Company." This name change is purely administrative in nature. Detroit Edison is a wholly owned subsidiary of DTE Energy Company. This name change is part of a set of name changes of DTE Energy subsidiaries to conform their names to the "DTE" brand name. No other changes are contained within this request. This request does not involve a transfer of control over or of an interest in the license for Fermi 2. provides an evaluation of the proposed amendment. Enclosure 2 provides a marked-up copy of the current Fermi 2 Operating License showing the proposed changes. Enclosure 3 provides the revised Operating License pages.

Detroit Edison has reviewed the proposed change against the criteria of 10 CFR 51.22 and has concluded that it meets the criteria provided in 10 CFR 51.22(c)(10) for a categorical exclusion from the requirements for an Environmental Impact Statement or an Environmental Assessment.

USNRC NRC-12-0083 Page 2 Approval of the proposed amendment is requested by June 28, 2013. Once approved, the amendment shall be implemented within 60 days.

No new commitments are being made in this submittal.

In accordance with 10 CFR 50.91(a)(1), "Notice for Public Comment," an analysis of the issue of no significant hazards consideration using the standards in 10 CFR 50.92 is being provided to the Commission in accordance with the distribution requirements in 10 CFR 50.4.

In accordance with 10 CFR 50.91(b)(1), "State Consultation," a copy of this application and its analysis of no significant hazards considerations is being provided to the designated Michigan State Official.

Should you have any questions or require additional information, please contact Mr. Zackary W. Rad of my staff at (734) 586-5076.

Sincerely,

Enclosures:

1. Evaluation of Proposed License Amendment

2. Markup of Existing Fermi 2 Operating License Pages

3. Revised Fermi 2 Operating License Pages cc: NRC Project Manager NRC Resident Office Reactor Projects Chief, Branch 4, Region III Regional Administrator, Region III Supervisor, Electric Operators, Michigan Public Service Commission

USNRC NRC- 12-0083 Page 3 I, J. Todd Conner, do hereby affirm that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

J. Tod Co ~er Site VieeY'esident, Nuclear Generation On this 4, 1 day of 1 CClL ,2012 before me personally appeared J. Todd Conner, being first duly sworn and says that he executed the foregoing as his free act and deed.

Notary Public SHARON S. MARSHALL NOTARY PUISUC, STATE OF Mi COUNTY OF MONROE MY COMMISSION EXPIRES Jun 14,2013 ACTING INCOUNTYOF o

Enclosure 1 to NRC-12-0083 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 License Amendment Request to Change Name of Licensee from The Detroit Edison Company to DTE Electric Company Evaluation of Proposed License Amendment NRC- 12-0083 Page 1 Evaluation of the Proposed License Amendment 1.0 Summary Description This evaluation supports a request to amend the operating license of Fermi 2. The proposed amendment will revise the license to reflect the change in the name of "The Detroit Edison Company" (Detroit Edison), the owner and operator of the station, to "DTE Electric Company."

2.0 Detailed Description Detroit Edison is the sole owner and sole NRC licensee of Fermi 2. DTE Energy Company (DTE Energy), the corporate parent and owner of 100% of the common stock of Detroit Edison, proposes to change the names of its subsidiaries, including Detroit Edison, to orient their names toward the "DTE" brand label. Thus Detroit Edison would become "DTE Electric".

On December 21, 2012, the Board of Directors of The Detroit Edison Company approved a change in the name of the corporation from "The Detroit Edison Company" to "DTE Electric Company" to take effect as of January 1, 2013. DTE Energy, the parent company and sole shareholder, approved the name change simultaneously therewith. Upon approval of the name change, Detroit Edison filed the amendment of the Articles of Incorporation with the Bureau of Commercial Services at the Michigan Department of Licensing and Regulatory Affairs, in order to conduct business under the new name. The name change is expected to be effective January 1, 2013. The corporate name is being changed to make the name of Detroit Edison, like those of other DTE Energy subsidiaries, more consistent with the "DTE" name branding of the parent company.

There would not be any other change to Detroit Edison's Articles of Incorporation, nor any form of corporate reorganization. As a result, the license for Fermi 2 will need to be amended solely to reflect the change of the licensee's name from "The Detroit Edison Company" to "DTE Electric Company". No other changes are necessary.

The effect of this proposed change for the Fermi 2 license and Technical Specifications is shown on the attached markups in Enclosure 2.

3.0 Technical Evaluation The proposed amendment is considered purely administrative in nature. The Fermi 2 owner-licensee entity will remain the sole owner-licensee of Fermi 2. Only its name will change. No modification will be made to corporate form, and it will retain all the capabilities, rights and obligations of Detroit Edison, including providing decommissioning funding assurance in compliance with 10 CFR 50.75. There will be no ownership or management changes as a result of the name change. The proposed change does not affect the technical or financial qualifications of Detroit Edison, or alter any technical content of the Fermi 2 Operating License or any technical content of the Fermi 2 Technical Specifications requirements; nor NRC-12-0083 Page 2 does it have any programmatic effect on the Detroit Edison Operational Quality Assurance Program for Fermi 2. The change will have no impact on the design, function or operation of any plant structure, system or component, either technically or administratively.

4.0 Regulatory Evaluation Detroit Edison requests Nuclear Regulatory Commission (NRC) review and approval of an amendment to change the name of the owner-licensee of Fermi 2 from "The Detroit Edison Company" to "DTE Electric Company."

4.1 Applicable Regulatory Requirements Under 10 CFR 50.80, Transfer of Licenses, no license or control of a license for a utilization facility may be transferred, directly or indirectly, to any entity unless the NRC consents in writing. However, licensee name changes do not, by themselves, constitute license transfers.

The proposed amendment is purely a name change and does not involve the transfer of any control over the Fermi 2 license to another entity.

There is not a transfer of a license or of an interest in a license within the meaning of 10 CFR 50.80. Standard NRC guidance on this subject is contained in the Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance (NUREG- 1577, Rev. 1 (1999)) which states, in connection with review of applications for license transfers, that: "The reviewer should treat applications involving changes of ownership, mergers, formation of holding companies, and other restructuring proposals that go beyond corporate name changes or internal reorganizations as potential transfers of licenses, directly or indirectly, through transfer of control of the license, as subject to section 50.80 review, and not merely subject to a section 50.90 license amendment review." ... "(A name change of a licensee that does not involve license transfer considerations under section 50.80 will be effected by a license amendment issued administratively under section 50.90.)"

4.2 Precedent This application is consistent with previous NRC actions in similar circumstances not involving transfers of ownership or control.

In an application approved by the NRC on October 2, 2012 (Reference 1), FirstEnergy Nuclear Generation Corp. filed to change the name of the licensee for the Beaver Valley, Davis-Besse and Perry nuclear plants from "FirstEnergy Nuclear Generation Corp." to "FirstEnergy Nuclear Generation, LLC." The licensee characterized the application as "administrative in nature" and as posing no significant hazards consideration. The Staff agreed and, in a letter dated October 2, 2012, issued a pertinent license amendment with the name change.

NRC-12-0083 Page 3 In an application approved by the NRC (Reference 2), the Texas Utilities Company, owner and licensee of the Comanche Peak Steam Electric Station, changed its name to TXU Electric Company without any other corporate reorganization or changes in ownership or control. It submitted its application to the NRC under 10 CFR 50.90 alone, stating that its action was purely administrative in nature. TXU noted in its application that it was taking the corporate actions necessary to effectuate the name change the same day as it filed with the NRC, with the name change to take effect within several days thereafter upon filing with the Texas Secretary of State.

The NRC agreed with the TXU analysis, accepted the relative timing of corporate and regulatory actions, and approved the license amendment within four months.

4.3 No Significant Hazards Consideration In accordance with 10 CFR 50.92, Detroit Edison has made a determination that the proposed amendment involves no significant hazards consideration.

1. The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

The proposed amendment changes the name of the owner licensee. The proposed amendment is purely administrative in nature. The functions, powers, resources and management of the owner licensee will not change. Detroit Edison, which will be renamed DTE Electric Company, will remain the licensee of the facility. The proposed changes do not adversely affect accident initiators or precursors, and do not alter the design assumptions, conditions, or configuration of the plant or the manner in which the plant is operated and maintained. The ability of structures, systems, and components to perform their intended safety functions is not altered or prevented by the proposed changes, and the assumptions used in determining the radiological consequences of previously evaluated accidents are not affected.

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

2. The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

The proposed amendment is purely administrative in nature. The functions of the owner licensee will not change. These changes do not involve any physical alteration of the plant (i.e., no new or different type of equipment will be installed), and installed equipment is not being operated in a new or different manner. Thus, no new failure modes are introduced.

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

NRC-12-0083 Page 4

3. The proposed change does not involve a significant reduction in the margin of safety.

The proposed amendment is a name change to reflect the new name of the owner licensee. The proposed amendment is purely administrative in nature. The functions of the owner licensee will not change. Detroit Edison, which will be renamed DTE Electric Company, will remain the licensee of the facility, and its functions will not change. The proposed changes do not alter the manner in which safety limits, limiting safety system settings, or limiting conditions for operation are determined. There are no changes to setpoints at which protective actions are initiated, and the operability requirements for equipment assumed to operate for accident mitigation are not affected.

Therefore, the proposed changes do not involve a significant reduction in a margin of safety.

Based on the above evaluation, Detroit Edison 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.

4.4 Conclusion In 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 the health and safety of the public.

5.0 Environmental Considerations Detroit Edison has reviewed the proposed change against the criteria of 10 CFR 51.22 for environmental considerations. The proposed change does not involve a significant hazards consideration, nor does it significantly change the types or significantly increase the amounts of effluents that may be released offsite. The proposed change does not significantly increase individual or cumulative occupational radiation exposures. Based on the foregoing, Detroit Edison concludes that the proposed change meets the criteria provided in 10 CFR 51.22(c)(10) for a categorical exclusion from the requirements for an Environmental Impact Statement or an Environmental Assessment.

NRC-12-0083 Page 5 6.0 References

1. NRC Letter "Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1 - Issuance Of Amendments Re: Change of the Name of the Owner/Licensee to Firstenergy Nuclear Generation, LLC (TAC NOS. ME8937, ME8938, ME8939, AND ME8940)," dated October 2, 2012 (ML12221A413).

2. NRC Letter "Comanche Peak Steam Electric Station, Units 1 and 2 Issuance of Amendments Re: Change In Corporate Name from "Texas Utilities Electric Company" To "TXU Electric Company" (TAC NOS. MA555 1 AND MA5552)," dated August 31, 1999 (ML021820283).

Enclosure 2 to NRC-12-0083 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 License Amendment Request to Change Name of Licensee from The Detroit Edison Company to DTE Electric Company Markup of Existing Fermi 2 Operating License Pages

DETROIT EDISON COMPANY DOCKET NO. 50-341 DTE ELECTRIC COMPANY FERMI-2 FACILITY OPERATING LICENSE *

• • Licens o. NPF-43

1. The Nuclear Regulatory Commission (the Commission has found tha A. The application for license filed by the Detroi Fison Compa ad Wolverine Power Supply Cooperative, Incorporat icensees) complies with the standards and requirements of e Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made.

- -Construction of Fermi-2 (the facility) has been substantially DTE Electric completed in conformity with Construction Permit No. CPPR-87 and Company the application, as amended, the provisions of the Act, and the regulations of the Commission; The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission, (except as exempted from compliance in Section 2.D below);

Th reis reasonable assurance: (i) that the activities authorized by is operating license can be conducted without endangering the healt and safety of the public, and (ii) that such activities ill b conducted in compliance with the Commission's regulations t fort in 10 CFR Chapter I (except as exempted from compliance iSectio 2.D below);

E. Ti is technically qualified to engage in the ctivities authorized by this license in accordance with the Comm R\

^

sion's regulations set forth in 10 CFR Chapter I; F. "r and Wolverine Power Supply Cooperative, Incorporat ve satisfied the applicable provisions of 10 CFR Par 'Fin cial Protection Requirements and Indemnity greements," of the Commission's regulations;

• • as *Theof Detroit January Edison Company name was changed to DTE Electric Company 1, 2013. Historic reference to The Detroit Edison

~Company is not changed.

fective February 21, 1990, the ownership interest of Wolverine Power Supply Cooperative, Incorporated in Fermi-2 was purchased by t-he Detroit Edison Company. Lýh Amendment No. 50

G. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. After weighing the environmental, economic, technical and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this facility Operating License No. NPF-43, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40,and 70.

2. Pursuant to approval by the Nuclear Regulatory Commission at a meeting t n

on July 10, 1985, the License for Fuel Loading and Low Power Testing, License No. NPF-33, issued on March 20, 1985, is superseded by Facil*

Operating License No. NPF-43, hereby issued to Detroit 0vdison Compa and the Wolverine Power Supply Cooperative, Incorpor e e licensees) to read as follows:

A. The license applies to Fermi-2, a boiling water nuclear reactor and associated equipment (the facility), owned by the-Detreit Edi-s-n Gempany. The facility is located in Frencht wnship, Monroe County, Michigan, and is described in lhel icensee's "Final Safety Analysis Report", as supplemented-isM amended, and in the licenses's Environmental Reportý supplemented and amended.

B. Subject to the con nhs and requirements incorporated herein, the Commiss ereby licenses:

DTE Electric aDECn), pursuant to Section 103 Company of the Act and 10 CFR Part 50, to possess, use, and operate the facility at the designated location in Monroe County, Michigan, in accordance with the procedures and limitations set forth in this license; (2) Deleted.

(3) , pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended

• The Detroit Edison Company name was changed to DTE Electric

~Company as of January 1, 2013. Historic reference to The

~Detroit Edison Company is not changed.

• fective February 21, 1990, the ownership interest of Wolverine Power Supply Cooperative, Incorporated in Fermi-2 was purchased by the Detroit Edison Company S *AedeNo5The Amendment No. 50

(4) IDE=Ge, pursuant to the Act and 10 CFR Parts 30, 40 and 70, receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for reactor startup, sealed sources for reactor DTE Electric instrumentation and radiation monitoring equipment Company I calibration, and as fission detectors in amounts as required; (5) DE-Ge, pursuant to the Act and 10 CFR Parts 30, 40 and 70, tto receive, possess, and use in amounts as required any ssbyproduct, source or special nuclear material without orestriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus r components; and (6) DEGe, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level DE-G is authorized to operate the facility at reactor core ower levels not in excess of 3430 megawatts thermal (100%

power) in accordance with the conditions specified herein and in Attachment 1 to this license. The items identified in Attachment 1 to this license shall be completed as specified.

Attachment 1 is hereby incorporated into this license.

(2 Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 189 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. shall operate the facility in accordance with the Tec cal Plan. Specifications and the Environmental Protect Antitrust Condi fs (3)

DEGG I abide by the agreements and interpretations be en it and the Department of Justice relating to Article I, aragraph 3 of the Electric Power Pool Agreement between AednNoElectric

[Company Amendment No. 189

Consumers Power Company as specified in a letter from DEGo to the Director of Regulation, dated August 13, 1971, and the letter from Richard W. McLaren, Assistant Attorney General, Antitrust Divi sion, U.S.

Department of Justice, to Bertram H. Schur, Associate General Counsel, Atomic Energy Commission, dated August 16, 1971.

(4) Deleted (5) Deleted (6) Deleted (7) Deleted (8) Deleted (9) Modifications for Fire Protection (Section 9.5.1. SSER #5 and SSER #6)*

DE~e shall implement and maintain in effect all provisions of the

,$approved fire protection program as described in its Final Safety Analysis Report for the facility through Amendment 60 and as approved in the 3tK tnrough Supplement No. 5, subject to tne foliowing provision:

/(a) DE-Ge may make changes to the approved fire protection program D..... ", .

• without prior approval of the Commission only if those changes would DIE Electric

• not adversely affect the ability to achieve and maintain safe Company shutdown in the event of a fire.

(101)V mergency~ik**s] Generator (EDG) Engine Special Inspection Program DE-Go shall obtain*-ze, once each month, an engine l ube oil sample from each EDG e Should each of two consecZtye sa n an EDG nt is unavailable for service.

s analyzed identify foreign matter/deposits which exceed esta hed limits and which could degrade crankshaft bearing performance, shall inform the NRC immediately and, within 15 working days following such notification, submit a report of analysis results and the detailed corrective action to be taken.

• The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report (SER) and/or its supplements wherein the license condition is discussed.

Amendment W, R, 94

(21) The schedule for performing surveillance requirements (SRs) that are new or revised in Amendment No. 134 shall be as follows:

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

- For SRs that existed prior to this amendment whose intervals of performance are being reduced, the first reduced surveillance interval begins upon completion of the first surveillance performed after implementation of this amendment.

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

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

(22) DE-9G shall perform an integrated tracer gas test to measure Control Room inleakage using methods described in ASTM E741-00, "Standard Test Method for Determining Air Change in a Single Zone by Means of a Tracer Gas Dilution." This test will be performed by March 31, 2005.

Further periodic assessments and testing will be performed in accordance with the guidance provided in NRC Regulatory Guide 1.197, (May 2003)

"Demonstrating Control Room Envelope Integrity At Nuclear Power Reactors," Section D, Implementation, using the six year cycle described.

In accordance with the Regulatory Guide, a self assessment will be performed after three years and a periodic test after 6 years.

Amendment No. 4147,434,162 Revised by letter dated August 23, 2007

Enclosure 3 to NRC-12-0083 Fermi 2 NRC Docket No. 50-341 Operating License No. NPF-43 License Amendment Request to Change Name of Licensee from The Detroit Edison Company to DTE Electric Company Revised Fermi 2 Operating License Pages

DTE ELECTRIC COMPANY DOCKET NO. 50-341 FERMI-2 FACILITY OPERATING LICENSE License No. NPF-43

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

A. The application for license filed by the Detroit Edison Company* and Wolverine Power Supply Cooperative, Incorporated** (licensees) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made.

B. Construction of Fermi-2 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-87 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission, (except as exempted from compliance in Section 2.D below);

D. There is reasonable assurance: (i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D below);

E. DTE Electric Company is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; F. DTE Electric Company and Wolverine Power Supply Cooperative, Incorporated,** have satisfied the applicable provisions of 10 CFR Part 140 "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations;

• The Detroit Edison Company name was changed to DTE Electric Company as of January 1, 2013. Historic reference to The Detroit Edison Company is not changed.

• • Effective February 21, 1990, the ownership interest of Wolverine Power Supply Cooperative, Incorporated in Fermi-2 was purchased by The Detroit Edison Company.

Amendment No. 59

G. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. After weighing the environmental, economic, technical and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this facility Operating License No. NPF-43, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I. The receipt, possession, anduse of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40,and 70.

2. Pursuant to approval by the Nuclear Regulatory Commission at a meeting on July 10, 1985, the License for Fuel Loading and Low Power Testing, License No. NPF-33, issued on March 20, 1985, is superseded by Facility Operating License No. NPF-43, hereby issued to Detroit Edison Company*

and the Wolverine Power Supply Cooperative, Incorporate** (the licensees) to read as follows:

A. The license applies to Fermi-2, a boiling water nuclear reactor and associated equipment (the facility), owned by DTE Electric Company. The facility is located in Frenchtown Township, Monroe County, Michigan, and is described in the licensee's "Final Safety Analysis Report", as supplemented and amended, and in the licenses's Environmental Report, as supplemented and amended.

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

(1) DTE Electric Company, pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use, and operate the facility at the designated location in Monroe County, Michigan, in accordance with the procedures and limitations set forth in this license; (2) Deleted.

(3) DTE Electric Company, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended;

• The Detroit Edison Company name was changed to DTE Electric Company as of January 1, 2013. Historic reference to The Detroit Edison Company is not changed.

• • Effective February 21, 1990, the ownership interest of Wolverine Power Supply Cooperative, Incorporated in Fermi-2 was purehased by The Detroit Edison Company.

Amendment No. 60

(4) DTE Electric Company, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) DTE Electric Company, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) DTE Electric Company, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level DTE Electric Company is authorized to operate the facility at reactor core power levels not in excess of 3430 megawatts thermal (100% power) in accordance with the conditions specified herein and in Attachment 1 to this license. The items identified in Attachment 1 to this license shall be completed as specified. Attachment 1 is hereby incorporated into this license.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 189 and the Environmental Protection Plan contained in Appendix B, are hereby incorporated into this license. DTE Electric Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions DTE Electric Company shall abide by the agreements and interpretations between it and the Department of Justice relating to Article I, Paragraph 3 of the Electric Power Pool Agreement between DTE Electric Company and Amendment No. 4-89

Consumers Power Company as specified in a letter from The Detroit Edison Company to the Director of Regulation, dated August 13, 1971, and the letter from Richard W. McLaren, Assistant Attorney General, Antitrust Division, U.S. Department of Justice, to Bertram H. Schur, Associate General Counsel, Atomic Energy Commission, dated August 16, 1971.

(4) Deleted (5) Deleted (6) Deleted (7) Deleted (8) Deleted (9) Modifications for Fire Protection (Section 9.5.1. SSER #5 and SSER #6)*

DTE Electric Company shall implement and maintain in effect all provisions of the approved fire protection program as described in its Final Safety Analysis Report for the facility through Amendment 60 and as approved in the SER through Supplement No. 5, subject to the following provision:

(a) DTE Electric Company may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(10) Emergency Diesel Generator (EDG) Engine Special Inspection Program DTE Electric Company shall obtain and analyze, once each month, an engine lube oil sample from each EDG except when an EDG is unavailable for service. Should each of two consecutive samples analyzed identify foreign matter/deposits which exceed DTE Electric Company established limits and which could degrade crankshaft bearing performance, DTE Electric Company shall inform the NRC immediately and, within 15 working days following such notification, submit a report of analysis results and the detailed corrective action to be taken.

• The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report (SER) and/or its supplements wherein the license condition is discussed.

Amendment , 844,

(21) The schedule for performing surveillance requirements (SRs) that are new or revised in Amendment No. 134 shall be as follows:

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

- For SRs that existed prior to this amendment whose intervals of performance are being reduced, the first reduced surveillance interval begins upon completion of the first surveillance performed after implementation of this amendment.

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

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

(22) DTE Electric Company shall perform an integrated tracer gas test to measure Control Room inleakage using methods described in ASTM E741-00, "Standard Test Method for Determining Air Change in a Single Zone by Means of a Tracer Gas Dilution." This test will be performed by March 31, 2005. Further periodic assessments and testing will be performed in accordance with the guidance provided in NRC Regulatory Guide 1.197, (May 2003) "Demonstrating Control Room Envelope Integrity At Nuclear Power Reactors," Section D, Implementation, using the six year cycle described. In accordance with the Regulatory Guide, a self assessment will be performed after three years and a periodic test after 6 years.

Amendment No. 44-,1-,34,-1-62 Revisedb,, Ie dae* ugust.. 23, 2007-