NRC-24-0044, Enrico Fermi 1 License Expiration - 10 CFR 50.51 (Continuation of License)

Enrico Fermi 1 License Expiration - 10 CFR 50.51 (Continuation of License)

ML24193A112
Person / Time
Site:	Fermi
Issue date:	07/10/2024
From:	Frank E DTE Electric Company
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
NRC-24-0044
Download: ML24193A112 (1)

Text

DTE Electric Company 6400 N. Dixie Highway Newport, MI 48166 July 10, 2024 10 CFR 50.51 NRC-24-0044 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555-0001 Fermi 1 Power Plant NRC Docket No. 50-16 NRC License No. DPR-9

Subject:

Enrico Fermi 1 License Expiration 10 CFR 50.51 (Continuation of license)

As stated in the Enrico Fermi Atomic Plant (Fermi 1), Unit 1, Operating DPR-9, the current possession only license will expire on March 20, 2025. Fermi 1 is currently in the SAFSTOR condition. The purpose of this letter is to confirm our understanding of 10 CFR 50.51(b) that no license amendment is necessary to extend the Fermi, Unit 1, license expiration date.

Section 50.51(b) states in part: 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. Additionally, 10 CFR 50.82(a)(1)(iii) states that [f]or licensees whose licenses have been permanently modified to allow possession but not operation of the facility, before the effective date of this rule [i.e., before August 28, 1996], the certifications [for permanent cessation of operations] shall be deemed to have been submitted. The license for Fermi, Unit 1, was converted to a possession only license in 1976. Therefore, Fermi, Unit 1, has permanently ceased operations, and pursuant to Section 50.51(b) the possession only license continues without need to amend the expiration date.

This interpretation is consistent with U.S. Nuclear Regulatory Commission (NRC) Regulatory Guide 1.184, Decommissioning of Nuclear Power Reactors, which states in part (emphasis added):

Following submission of the certification for permanent cessation of operations, the facility license continues in effect beyond the expiration date until the NRC notifies the licensee in writing that the license has been terminated (10 CFR 50.51(b)). No amendment to extend the expiration date of the license is required for permanently shutdown facility.

References:

1) DTE Electric Company, Docket No. 50-16, Enrico Fermi Atomic Power Plant Unit 1, Facility Operating License DPR-9 DTE

USNRC NRC-24-0044 Page2 Accordingly DTE Electric Company requests NRC confnmation that an amendment is not needed to change this date.

No new commitments are being made in this submittal.

Should you have any questions or require additional :inf 01mation please contact me at (734) 586-4772.

Enclosure:

none cc: NRC Project Manager NRC Resident Office Regional Administrator Region III Sincerely &H Eric Frank Manager - Nuclear Licensing