RA-18-091, Request to Reclassify Oyster Creek Nuclear Generating Station Under 10 CFR 171.15, Annual Fees: Reactor Licenses and Independent Spent Fuel Storage Licenses

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Request to Reclassify Oyster Creek Nuclear Generating Station Under 10 CFR 171.15, Annual Fees: Reactor Licenses and Independent Spent Fuel Storage Licenses
ML18274A153
Person / Time
Site: Oyster Creek
Issue date: 10/01/2018
From: Gallagher M
Exelon Generation Co
To:
Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
RA-18-091
Download: ML18274A153 (2)


Text

Michael P. Gallagher Exelon Generation Exelon Nuclear Vice President License Renewal and 200 Exelon Way Kennett Square PA 19348 610 765 5958 Office 610 765 5658 Fax www.exeloncorp com michaelp gallagher@exeloncorp.com 10 CFR 171.17(a)(2) 10 CFR 171.15(c)(1)

RA-18-091 October 1, 2018 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Oyster Creek Nuclear Generating Station Renewed Facility Operating License No. DPR-16 NRC Docket Nos. 50-219 and 72-15

Subject:

Request to Reclassify Oyster Creek Nuclear Generating Station under 10CFR 171.15, "Annual fees: Reactor licenses and independent spent fuel storage licenses"

Reference:

1) Letter from Keith R. Jury, Exelon Generation Company, LLC to U.S.

Nuclear Regulatory Commission - "Permanent Cessation of Operations at Oyster Creek Nuclear Generating Station," dated January 7, 2011 (ML110070507)

2) Letter from Michael P. Gallagher, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - "Certification of Permanent Cessation of Power Operations for Oyster Creek Nuclear Power Station,"

dated February 14, 2018(ML18045A084)

3) Letter from Michael P. Gallagher, Exelon Generation Company, LLC to U.S. Nuclear Regulatory Commission - "Certification of Permanent Removal of Fuel from the Reactor Vessel for Oyster Creek Nuclear Generating Station," dated September 25, 2018 (ML18268A258)

By letter dated January 7, 2011 (Reference 1), Exelon Generation Company, LLC (Exelon) provided formal notification to the U.S. Nuclear Regulatory Commission (NRC) of its determination to permanently cease operations at Oyster Creek Nuclear Generating Station (OCNGS) no later than December 31 , 2019. On February 14, 2018 (Reference 2), Exelon notified the NRC that it planned to retire OCNGS no later than October 31, 2018, at the end

U.S. Nuclear Regulatory Commission Docket Nos. 50-219 and 72-15 October 1, 2018 Page2 of the current two-year operating cycle. By letter dated September 25, 2018 (Reference 3),

Exelon certified that all fuel has been permanently removed from the reactor vessel.

Upon docketing of these certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, 10 CFR 50.82(a)(2) states that the 10 CFR Part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.

Therefore, Exelon requests that the NRC reclassify OCNGS with respect to 10 CFR 171.15, "Annual fees: Reactor licenses and independent spent fuel storage licenses." Specifically, Exelon requests that the NRC reclassify OCNGS as a "power reactor holding a 10 CFR Part 50 license that is in decommissioning or possession only status and has spent fuel stored on site" and assess annual fees under 10 CFR 171.15(c)(1) until such time that the NRC is notified that all fuel has been removed from the site.

Exelon also requests that the NRC billing of fees for the fourth quarter of fiscal year 2018 (July - September, 2018) reflect the new classification of OCNGS under 10CFR 171.15(c)(1 ),

prorated based on all fuel being permanently removed from the OCNGS reactor vessel on September 25, 2018, as certified by the Reference 3 letter, in accordance with 10 CFR 171.17(a)(2), "Terminations."

No commitments to the NRC are made in this letter.

If you have any questions concerning this submittal, please contact Paul Bonnett at (610) 765-5264.

Respectfully, Michael P. Gallagher Vice President, License Renewal & Decommissioning Exelon Generation Company, LLC cc: Regional Administrator - NRC Region I NRC Senior Resident Inspector - Oyster Creek Nuclear Generating Station NRC Project Manager, NRR - Oyster Creek Nuclear Generating Station Director, Bureau of Nuclear Engineering - New Jersey Department of Environmental Protection Mayor of Lacey Township, Forked River, NJ