RS-25-034, License Amendment Request - Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions and License Termination Plan
| ML25066A171 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 03/07/2025 |
| From: | Steinman R Constellation Energy Generation |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| RS-25-034 | |
| Download: ML25066A171 (1) | |
Text
4300 Winfield Road Warrenville, IL 60555 630 657 2000 Office RS-25-034 10 CFR 50.90 March 7, 2025 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Zion Nuclear Power Station, Units 1 and 2 Facility Operating License Nos. DPR-39 and DPR-48 NRC Docket Nos. 50-295, 50-304 and 72-1037
Subject:
License Amendment Request - Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions and License Termination Plan
Reference:
Volume 67, Federal Register, Page 78332 (67 FR 78332), dated December 24, 2002 In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Constellation Energy Generation, LLC (CEG), requests an amendment to Facility Operating License (FOL) Nos. DPR-39 and DPR-48 for Zion Nuclear Power Station (Zion), Units 1 and 2. The amendment request proposes to delete from the FOL certain license conditions which impose specific requirements on the decommissioning trust agreement and the License Termination Plan (LTP). Upon approval of this amendment, the provisions of 10 CFR 50.75(h) that specify the regulatory requirements for decommissioning trust funds will apply.
The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform to the 10 CFR 50.75(h) regulations adopted in 2002 (Reference) is specifically allowed by the provisions of 10 CFR 50.75(h)(5), and the generic finding of no significant hazards consideration in 10 CFR 50.75(h)(4). The proposed change also deletes the LTP and related requirements since issuance of the partial site release on November 8, 2023 makes the LTP no longer applicable. provides the evaluation for the proposed changes. Attachment 2 provides the existing FOL pages marked up depicting the proposed changes.
The proposed changes have been reviewed and approved by Zions Independent Management Assessment in accordance with the requirements of the CEG Decommissioning Quality Assurance Program.
CEG requests approval of the proposed changes by March 7, 2026. Once approved, the amendment shall be implemented within 180 days.
March 7, 2025 U.S. Nuclear Regulatory Commission Page 2 In accordance with 10 CFR 50.91, "Notice for public comment; State consultation,"
paragraph (b), CEG is notifying the State of Illinois of this application for license amendment by transmitting a copy of this letter and its attachments to the designated State Official.
There are no regulatory commitments contained in this letter. Should you have any questions concerning this letter, please contact Brian Seawright at (779) 231-6151.
I declare under penalty of perjury that the foregoing is true and correct. Executed on the 7th day of March 2025.
Respectfully, Rebecca L. Steinman Sr. Manager Licensing Constellation Energy Generation, LLC.
Attachments:
- 1. Evaluation of Proposed Changes
- 2. Proposed Facility Operating License (Marked-Up Pages) cc:
NRC Regional Administrator, Region III Illinois Emergency Management Agency - Division of Nuclear Safety
- Steinman, Rebecca Lee Digitally signed by Steinman, Rebecca Lee Date: 2025.03.07 11:01:18
-06'00'
ATTACHMENT 1 Evaluation of Proposed Changes Page 1 1.0
SUMMARY
DESCRIPTION In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Constellation Energy Generation, LLC (CEG), requests an amendment to Facility Operating License (FOL) Nos. DPR-39 and DPR-48 for Zion Nuclear Power Station (Zion), Units 1 and 2. The amendment request proposes to delete from the FOL certain license conditions which impose specific requirements on the decommissioning trust agreement and the License Termination Plan (LTP). Upon approval of this amendment, the provisions of 10 CFR 50.75(h) that specify the regulatory requirements for decommissioning trust funds will apply. Additionally, the LTP license conditions are no longer applicable since the issuance of the partial site release on November 8, 2023. The provisions of 10 CFR 50.82(a)(9) only apply once the independent spent fuel storage installation (ISFSI) facility is no longer required and will be decommissioned, as the provisions of 10 CFR 50.82(a)(9) require an LTP to be submitted to the NRC for approval to decommission the ISFSI facility.
The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform to the 10 CFR 50.75(h) regulations adopted in 2002 (Reference 1) is specifically allowed by the provisions of 10 CFR 50.75(h)(5), and the generic finding of no significant hazards consideration in 10 CFR 50.75(h)(4) for such change.
In addition, the proposed changes delete the LTP requirements, as this document was written for the decommissioning of Zion land beyond the ISFSI and is no longer applicable to the current FOL that supports the dry cask storage of spent fuel in the ISFSI facility.
2.0 DETAILED DESCRIPTION Upon approval of this amendment, the provisions of 10 CFR 50.75(h) that specify the regulatory requirements for decommissioning trust funds will apply. Additionally, the provisions of 10 CFR 50.82(a)(9) only apply once the ISFSI facility is no longer required and will be decommissioned. The LTP for decommissioning of Zion land beyond the ISFSI (NRC approved in Reference 5) is no longer applicable. The issuance of the partial site release concluded the planned decommissioning of Zion, thus the license conditions for modification of an LTP without NRC approval are no longer applicable.
In 2002 (Reference 1), the NRC amended 10 CFR 50.75(e) and added new provisions, 10 CFR 50.75(h)(1) through (4), that govern financial assurance mechanisms for licensees that are not "electric utilities" as defined in 10 CFR 50.2. CEG is not an "electric utility" since CEG does not recover the cost of electricity generated through rates established by itself or by a separate regulatory authority. In the 2002 rulemaking, the NRC addressed several comments regarding potential conflicts or inconsistencies between the provisions of 10 CFR 50.75(h) and a licensee's existing decommissioning trust-related license conditions. The NRC explained that "licensees will have the option of maintaining their existing license conditions or submitting to the new requirements" and "will be able to decide for themselves whether they prefer to keep or eliminate their specific license conditions." To support the option to amend and eliminate these license conditions, the NRC made a generic determination in 10 CFR 50.75(h)(4) that a license
ATTACHMENT 1 Evaluation of Proposed Changes Page 2 amendment which does no more than delete specific license conditions relating to the terms and conditions of decommissioning trust agreements involves "no significant hazards consideration."
In November 2003 (Reference 2), the NRC added new section 10 CFR 50.75(h)(5) to the regulations, which codifies the NRC's stated intention of allowing licensees to choose to either maintain their existing license conditions or eliminate them in favor of complying with the new regulatory requirements. 10 CFR 50.75(h)(5) states:
The provisions of paragraphs (h)(1) through (h)(3) of this section do not apply to any licensee that as of December 24, 2003, has existing license conditions relating to decommissioning trust agreements, so long as the licensee does not elect to amend those license conditions. If a licensee with existing license conditions relating to decommissioning trust agreements elects to amend those conditions, the license amendment shall be in accordance with the provisions of paragraph (h) of this section.
Consistent with 10 CFR 50.75(h)(5), CEG has elected to adopt the requirements of 10 CFR 50.75(h) by requesting deletion of site-specific license conditions that are currently incorporated in the FOLs.
CEG is also requesting deletion of LTP requirements in License Conditions C.17, as this was written for the partial site release of Zion land beyond the ISFSI and is no longer applicable.
The NRC approved LTP was written (Reference 5) to support the decommissioning of Zion beyond the ISFSI facility. As part of the NRC approval of the LTP, Amendments 191 and 178 incorporated License Condition C.17 into the FOL for both Zion Units 1 and 2, respectively.
With the completion of the decommissioning of Zion beyond the ISFSI facility and the issuance of the partial site release on November 8, 2023 (Reference 6), the LTP is no longer applicable.
Since the LTP is no longer applicable, CEG is proposing to delete the LTP requirement in License Condition C.17.
When the ISFSI is no longer required (spent nuclear fuel is shipped off site and no longer stored at the Zion ISFSI facility) and CEG plans to decommission the ISFSI facility, CEG is required to submit a new LTP to the NRC for approval in accordance with 10 CFR 50.82(a)(9).
3.0 TECHNICAL EVALUATION
The following table summarizes the specific FOL License Conditions requested for deletion and how each subpart of the condition is addressed in the regulations.
Table 1. License Conditions addressed by 10 CFR 50.75 License Condition Specific Section Regulatory Requirement The decommissioning trust agreement must be in a form acceptable to the NRC.
Unit 1 - Condition C.14(a)
In the 2002 rulemaking (Reference 1), the NRC stated: "The amendments to NRC's requirements for decommissioning trust provisions of nuclear power plants require
ATTACHMENT 1 Evaluation of Proposed Changes Page 3 License Condition Specific Section Regulatory Requirement Unit 2 - Condition C.14(a) that decommissioning trust agreements be in a form acceptable to the NRC in order to increase assurance that an adequate amount of decommissioning funds will be available for their intended purpose."
With respect to the decommissioning trust fund, investments in the securities or other obligations of Constellation Energy Corporation or affiliates thereof, or their successors or assigns are 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 prohibited.
Unit 1 - Condition C.14(b)
Unit 2 - Condition C.14(b) 10 CFR 50.75(h)(1)(i)(A)
"The trustee, manager, investment advisor, or other person directing investment of the funds: Is prohibited from investing the funds in securities or other obligations of the licensee or any other owner or operator of any nuclear power reactor or their affiliates, subsidiaries, successors or assigns, or in a mutual fund in which at least 50 percent of the fund is invested in the securities of a licensee or parent company whose subsidiary is an owner or operator of a foreign or domestic nuclear power plant.
However, the funds may be invested in securities tied to market indices or other non-nuclear sector collective, commingled, or mutual funds, provided that this subsection shall not operate in such a way as to require the sale or transfer either in whole or in part, or other disposition of any such prohibited investment that was made before the publication date of this rule, and provided further that no more than 10 percent of trust assets may be indirectly invested in securities of any entity owning or operating one or more nuclear power plants."
The decommissioning trust agreement for Zion, Unit, must provide that no disbursements or payments from the trust 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 decommissioning trust Unit 1 - Condition C.14(c)
Unit 2 - Condition C.14(c) 10 CFR 50.75(h)(1)(iv)
"Except for withdrawals being made under
§ 50.82(a)(8) or for payments of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, no disbursement or payment may be made from the trust, escrow account, Government fund, or other account used to segregate and manage the funds until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear
ATTACHMENT 1 Evaluation of Proposed Changes Page 4 License Condition Specific Section Regulatory Requirement 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.
Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust, escrow account, Government fund or other account may be made following the 30-working day notice period if the person responsible for managing the trust, escrow account, Government fund, or other account does not receive written notice of objection from the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period. Disbursements or payments from the trust, escrow account, Government fund, or other account used to segregate and manage the funds, other than for payment of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, are restricted to decommissioning expenses or transfer to another financial assurance method acceptable under paragraph (e) of this section until final decommissioning has been completed. After decommissioning has begun and withdrawals from the decommissioning fund are made under
§ 50.82(a)(8), no further notification need be made to the NRC."
ATTACHMENT 1 Evaluation of Proposed Changes Page 5 License Condition Specific Section Regulatory Requirement The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30 days prior written notification to the Director of the Office of Nuclear Reactor Regulation.
Unit 1 - Condition C.14(d)
Unit 2 - Condition C.14(d) 10 CFR 50.75(h)(1)(iii)
"The trust, escrow account, Government fund, or other account used to segregate and manage the funds may not be amended in any material respect without written notification to the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the proposed effective date of the amendment. The licensee shall provide the text of the proposed amendment and a statement of the reason for the proposed amendment. The trust, escrow account, Government fund, or other account may not be amended if the person responsible for managing the trust, escrow account, Government fund, or other account receives written notice of objection from the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period" The appropriate section of the decommissioning 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.
Unit 1 - Condition C.14(e)
Unit 2 - Condition C.14(e) 10 CFR 50.75(h)(1)(i)(B)
"Is obligated at all times to adhere to a standard of care set forth in the trust, which either shall be the standard of care, whether in investing or otherwise, required by State or Federal law or one or more State or Federal regulatory agencies with jurisdiction over the trust funds, or, in the absence of any such standard of care, whether in investing or otherwise, that a prudent investor would use in the same circumstances. The term "prudent investor," shall have the same meaning as set forth in the Federal Energy Regulatory Commission's "Regulations Governing Nuclear Plant Decommissioning Trust Funds" at 18 CFR 35.32(a)(3), or any successor regulation."
ATTACHMENT 1 Evaluation of Proposed Changes Page 6 License Condition Specific Section Regulatory Requirement CEG shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Zion, Unit license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.
Unit 1 - Condition C.15 Unit 2 - Condition C.15 This license condition is no longer needed, based on the provisions of 10 CFR 50.75(h) and CEGs decision to comply with that section's decommissioning trust agreement requirements. In addition, as noted in the 2002 rulemaking, "the NRC has always believed that it is preferable and more efficient to adopt standard rules, as opposed to applying specific license conditions on a case-by-case basis" (Reference 1). This license condition is effectively addressed by the standard requirements codified in the regulations.
In addition, the proposed change deletes a license condition which is related to the Zion LTP that is no longer applicable. This is FOL License Condition C.17 for both Zion Units 1 and 2.
Amendments 191 and 178 (Reference 5) were issued by the NRC to approve the LTP and incorporate the License Conditions C.17 for both Units to support the decommissioning of the Zion plant and decontamination of the site outside the boundary of the ISFSI.
This LTP is no longer applicable for Zion as this LTP was written and approved by the NRC with a decommissioning end-state that all spent nuclear fuel will be stored in an ISFSI under an amended Part 50 Licenses. This is supported throughout the LTP, including the LTP's Section 1.1, Purpose (and reiterated in Section 1.2, Decommissioning Objective),
The objective of decommissioning the ZNPS is to reduce the level of residual radioactivity to levels that permit the release of the site for unrestricted use and allow for the termination of the 10 CFR Part 50 licenses, excluding the ISFSI area.
The NRC further concluded in their SER for Zion's Partial Site Release on November 8, 2023 (Reference 6) that the requirements for termination (10 CFR 50.82(a)(11)) of Zion site outside the boundary of the ISFSI were satisfied in accordance with the approved LTP. Specifically, the NRC SER concluded, The Commission has concluded, based on the considerations discussed above, that: (i) the remaining dismantlement has been performed in accordance with the approved LTP, (ii) the FSSs and associated documentation, including an assessment of dose contributions associated with parts released for use before approval of the LTP, demonstrate that the entire site, with the exception of the ISFSI which will remain under the License Nos. DPR-39 and DPR-48, have met the criteria for decommissioning in 10 CFR Part 20, Subpart E, and (iii) ZS has
ATTACHMENT 1 Evaluation of Proposed Changes Page 7 met the 10 CFR Parts 30, 40, and 70, Domestic Licensing of Special Nuclear Material, requirements for forwarding of specific records to NRC prior to PSR.
The NRC concludes that ZS satisfied the requirements for termination, as stated in 10 CFR 50.82(a)(11), of the Zion site outside the boundary of the ISFSI.
With the approval of Zions Partial Site Release, the LTP for Zion has been completed. For future decommissioning of the Zion ISFSI, once the spent fuel is removed and transported away from the Zion site, a new LTP will need to be created and sent to the NRC for approval in accordance with 10 CFR 50.82(a)(9). The license condition related to the currently referenced LTP is historical and no longer required, since the actions of the LTP are complete and the Zions Partial Site Release was approved.
4.0 REGULATORY ANALYSIS
4.1 Applicable Regulatory Requirements/Criteria The proposed changes have been evaluated to determine whether applicable regulations and requirements continue to be met. CEG has determined that the proposed changes do not require any exemptions or relief from regulatory requirements.
As summarized on Table 1 in Section 3.0, the regulatory requirements applicable to the decommissioning trust in this amendment request are stated in 10 CFR 50.75, "Reporting and recordkeeping for decommissioning planning," more specifically, the provisions under 10 CFR 50.75(h). The regulatory requirements applicable to the LTP are stated in 10 CFR 50.82(a).
4.2 Precedent The following License Amendments were issued on April 6, 2020, for the listed CEG (formally Exelon) Stations (Reference 3) to remove license conditions which impose specific requirements on the decommissioning trust agreement.
o Braidwood Station, Units 1 and 2; License Amendment No. 208 o Byron Station, Unit Nos. 1 and 2; License Amendment No. 214 o Clinton Power Station, Unit No. 1; License Amendment No. 230 o Dresden Nuclear Power Station, Units 1, 2, and 3; License Amendment Nos. 48, 267, and 260 o James A. Fitzpatrick Nuclear Power Plant; License Amendment No. 334 o Lasalle County Station, Units 1 and 2; License Amendment Nos. 243 and 229 o Limerick Generating Station, Units 1 and 2; License Amendment Nos. 244 and 207 o Nine Mile Point Nuclear Station, Units 1 and 2; License Amendment Nos. 242 and 180 o Peach Bottom Atomic Power Station, Units 1, 2, and 3 License Amendment Nos. 16, 333, and 336 o Quad Cities Nuclear Power Station, Units 1 and 2; License Amendment Nos. 280, and 275 o R. E. Ginna Nuclear Power Plant, License Amendment No. 140
ATTACHMENT 1 Evaluation of Proposed Changes Page 8 o CEG station Calvert Cliff License Amendment Nos. 345 and 323 were issued via a separate application on April 24, 2023 (Reference 4).
The issuance of conforming amendment (Amendment No. 76) for La Crosse Boiling Water Reactor on March 15, 2023 (Reference 7) removed the license condition for their LTP following completion of their decommissioning beyond their ISFSI facility. The conforming amendment noted that La Crosse Boiling Water Reactor decommissioning activities within the LTP were complete and there was no longer a need for the LTP to be maintained. Similarly, the conforming amendment noted a new LTP would be required to support decommissioning of the La Crosse Boiling Water Reactor generally licensed ISFSI.
4.3 No Significant Hazards Consideration In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Constellation Energy Generation, LLC (CEG), requests an amendment to Facility Operating License (FOL) Nos. DPR-39 and DPR-48 for Zion Nuclear Power Station, Units 1 and 2.
The amendment request proposes to delete from the FOLs certain license conditions which impose specific requirements on the decommissioning trust agreements and the License Termination Plan (LTP). Upon approval of this amendment, the provisions of 10 CFR 50.75(h) that specify the regulatory requirements for decommissioning trust funds will apply. The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform to the 10 CFR 50.75(h) regulations adopted in 2002 (Reference 1) is specifically allowed by the provisions of 10 CFR 50.75(h)(5), and the generic finding of no significant hazards consideration in 10 CFR 50.75(h)(4). In addition, the proposed change deletes certain historical license conditions related to the LTP that are no longer applicable following the issuance of the partial site release on November 8, 2023.
CEG has evaluated the proposed change against the criteria of 10 CFR 50.92(c) to determine if the proposed change results in any significant hazards. The following is the evaluation of each of the 10 CFR 50.92(c) criteria:
- 1.
Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No The requested changes delete license conditions pertaining to Decommissioning Trust Agreements currently in the FOL. The requested changes are consistent with the types of license amendments permitted in 10 CFR 50.75(h). Additionally, the requested changes also remove a historical licensing condition related to the LTP that is no longer applicable.
This request involves changes that are administrative in nature. No actual plant equipment or accident analyses will be affected by the proposed changes.
ATTACHMENT 1 Evaluation of Proposed Changes Page 9 Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2.
Does the proposed change create the possibility of a new or different kind of accident from any previously evaluated?
Response: No This request involves administrative changes to the license that will be consistent with the 10 CFR 50.75(h). Additional administrative changes are made to remove a historical licensing condition related to the LTP. No actual plant equipment or accident analyses will be affected by the proposed change and no failure modes not bounded by previously evaluated accidents will be created.
Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated.
- 3.
Does the proposed change involve a significant reduction in a margin of safety?
Response: No This request involves administrative changes to the license that will be consistent with the 10 CFR 50.75(h). Additional administrative changes are made to remove a historical licensing condition related to the LTP. No actual plant equipment or accident analyses will be affected by the proposed change. Additionally, the proposed changes will not relax any criteria used to establish safety limits, will not relax any safety systems settings, or will not relax the bases for any limiting conditions of operation.
Therefore, the proposed change does not involve a significant reduction in a margin of safety.
Based on the above, CEG concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and complies with the "generic" determination in 10 CFR 50.75(h)(4); accordingly, a finding of "no significant hazards consideration" is justified.
4.4 Conclusions 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 to the health and safety of the public.
5.0 ENVIRONMENTAL EVALUATION The proposed amendment involves (i) changes to surety, insurance, and/or indemnity requirements, or (ii) changes to recordkeeping, reporting, or administrative procedures or
ATTACHMENT 1 Evaluation of Proposed Changes Page 10 requirements. Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(10). Therefore, pursuant to 10 CFR 51.22(b),
no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.
6.0 REFERENCES
- 1.
Volume 67, Federal Register, Page 78332 (67 FR 78332), dated December 24, 2002
- 2.
Volume 68, Federal Register, Page 65388 (68 FR 65388), dated November 20, 2003
- 3.
Letter from B. Purnell (U.S. Nuclear Regulatory Commission (NRC)) to B. Hanson (Exelon Generation Company, LLC (EGC)), "Braidwood Station, Units 1 and 2; Byron Station, Unit Nos. 1 and 2; Clinton Power Station, Unit No. 1; Dresden Nuclear Power Station, Units 1, 2, and 3; James A. Fitzpatrick Nuclear Power Plant; Lasalle County Station, Units 1 and 2; Limerick Generating Station, Units 1 and 2; Nine Mile Point Nuclear Station, Units 1 and 2; Peach Bottom Atomic Power Station, Units 1, 2, and 3; Quad Cities Nuclear Power Station, Units 1 and 2; and R. E. Ginna Nuclear Power Plant
- Issuance Of Amendments To Delete License Conditions For Decommissioning Trusts (EPID L-2019-LLA-0185)," dated April 6, 2020
- 4.
Letter from S. Goetz (U. S. NRC) to D. Rhoades (Constellation Energy Generation, LLC), "Calvert Cliffs, Units 1 and 2 - Issuance of Amendment Nos. 345 and 323 Re:
Deletion of License Conditions Related to Decommissioning Trust (EPID L-2022-LLA-0198)," dated April 24, 2023
- 5.
Letter from J. Hickman (U.S. NRC) to J. Sauger (EnergySolutions, LLC), Zion Nuclear Power Station, Units 1 and 2 - Issuance of Amendments 191 and 178 for the Licenses to Approve the License Termination Plan, dated September 28, 2018 6.
Letter from J. Marshall (U.S. NRC) to J. Sauger (ZionSolutions, LLC), Partial Site Release, Zion Nuclear Power Station, Unit Nos. 1 and 2 (EPID L-2020-DSR-0000),
dated November 8, 2023
- 7.
Letter from M. Doell (U.S. NRC) to B. Ridge (Dairyland Power Cooperative) and J.
Sauger (EnergySolutions, LLC), La Crosse Boiling Water Reactor - Issuance of Conforming Amendment Regarding Direct Transfer of Possession Only License from LaCrosseSolutions, LLC To Dairyland Power Cooperative (CAC NO. 000083; EPID-L-2018-LNS-0002), dated March 15, 2023 Proposed Facility Operating License (Marked-Up Pages)
(8)
Deleted.
(9)
Deleted.
(10)
Deleted.
(11)
Deleted.
(12)
CEG shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from CEG to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of CEG's consolidated net utility plant, as recorded on CEG's books of account.
(13)
Deleted.
(14)
The decommissioning trust agreement for Zion, Unit 1, at the time the transfer of the unit to CEG is effected and thereafter, is subject to the following:
(a)
The decommissioning trust agreement must be in a form acceptable to the NRC.
(b)
With respect to the decommissioning trust fund, investments in the securities or other obligations of Constellation Energy Corporation or affiliates thereof, or their successors or assigns are 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 prohibited.
(c)
The decommissioning trust agreement for Zion, Unit 1, must provide that no disbursements or payments from the trust 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 decommissioning 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.
(d)
The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30 days prior written notification to the Director of the Office of Nuclear Reactor Regulation.
Amendment No. 181,186, 192 Deleted.
(e)
The appropriate section of the decommissioning 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 Commissions regulations.
(15)
CEG shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Zion, Unit 1 license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.
(16)
Deleted.
(17)
License Termination Plan (LTP)
CEG shall implement and maintain in effect all provisions of the approved License Termination Plan as approved in License Amendment No. 191 subject to and as amended by the following stipulations:
CEG may make changes to the LTP without prior approval provided the proposed changes do not meet any of the following criteria:
(A)
Require Commission approval pursuant to 10 CFR 50.59.
(B)
Result in significant environmental impacts not previously reviewed.
(C)
Detract or negate the reasonable assurance that adequate funds will be available for decommissioning.
(D)
Decrease a survey unit area classification (i.e., impacted to not impacted; Class 1 to Class 2; Class 2 to Class 3; or Class 1 to Class 3) without providing the NRC a minimum 14 day notification prior to implementing the change in classification.
(E)
Increase the derived concentration guideline levels (DCGLs) and related minimum detectable concentrations (for both scan and fixed measurement methods).
(F)
Increase the radioactivity level, relative to the applicable DCGL, at which an investigation occurs.
(G)
Change the statistical test applied other than the Sign test.
(H)
Increase the approved Type I decision error above the level stated in the LTP.
Amendment No. 181, 186, 188,191,192 Deleted.
Deleted.
Amendment No. 191 (I)
Change the approach used to demonstrate compliance with the dose criteria (e.g., change from demonstrating compliance using derived concentration levels to demonstrating compliance using a dose assessment that is based on final concentration data).
(J)
Change parameter values or pathway dose conversion used to calculate the dose such that the resultant dose is lower than in the approved LTP and if a dose assessment is being used to demonstrate compliance with the dose criteria.
(K)
Reuse concrete from demolished structures, other than from the list of areas specified in Section 2.1.1 of TSD 17-010, Final Report -
Unconditional Release Surveys at the Zion Station Restoration Project, Revision 1, as backfill.
(L)
Assign a dose for reuse concrete other than the dose values provided along with the LTP (as shown in Table 6-53 (Revision 2) of the LTP) and documented in Section 8 and Table 33 of TSD 14-010, RESRAD Dose Modeling for Basement Fill Model and Soil DCGL and Calculation of Basement Fill Model Dose Factors and DCGLs, Revision 6.
(M)
Use area-specific surrogate ratios that are less than the maximum surrogate ratios (H-3/Cs-137, Ni-63/Co-60, Sr-90/Cs-137) presented in Table 5-15 (Revision 2) of the LTP.
3.
This amended license is issued without prejudice to subsequent licensing action which may be taken by the Commission.
4.
This license is effective as of the date of issuance and shall expire at midnight on April 6, 2013.
FOR THE ATOMIC ENERGY COMMISSION Original Signed by Roger S. Boyd A. Giambusso, Deputy Director For Reactor Projects Directorate of Licensing Date of Issuance: October 19, 1973 (8)
Deleted.
(9)
Deleted.
(10)
Deleted.
(11)
Deleted.
(12)
CEG shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from CEG to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of CEG's consolidated net utility plant, as recorded on CEG's books of account.
(13)
Deleted.
(14)
The decommissioning trust agreement for Zion, Unit 2, at the time the transfer of the unit to CEG is affected and thereafter, is subject to the following:
(a)
The decommissioning trust agreement must be in a form acceptable to the NRC.
(b)
With respect to the decommissioning trust fund, investments in the securities or other obligations of Constellation Energy Corporation or affiliates thereof, or their successors or assigns are 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 prohibited.
Amendment No. 168,179 Deleted.
(c)
The decommissioning trust agreement for Zion, Unit 2, must provide that no disbursements or payments from the trust 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 decommissioning 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.
(d)
The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without 30 days prior written notification to the Director of the Office of Nuclear Reactor Regulation.
(e)
The appropriate section of the decommissioning 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 Commissions regulations.
(15)
CEG shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Zion, Unit 2, license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.
(16)
Deleted.
(17)
License Termination Plan (LTP)
CEG shall implement and maintain in effect all provisions of the approved License Termination Plan as approved in License Amendment No. 178 subject to and as amended by the following stipulations:
CEG may make changes to the LTP without prior approval provided the proposed changes do not meet any of the following criteria:
(A)
Require Commission approval pursuant to 10 CFR 50.59.
(B)
Result in significant environmental impacts not previously reviewed.
(C)
Detract or negate the reasonable assurance that adequate funds will be available for decommissioning.
Amendment No. 168, 173, 175, 178, 179 Deleted.
Deleted.
Amendment No. 178 (D)
Decrease a survey unit area classification (i.e., impacted to not impacted; Class 1 to Class 2; Class 2 to Class 3; or Class 1 to Class 3) without providing the NRC a minimum 14 day notification prior to implementing the change in classification.
(E)
Increase the derived concentration guideline levels (DCGL) and related minimum detectable concentrations (for both scan and fixed measurement methods).
(F)
Increase the radioactivity level, relative to the applicable DCGL, at which an investigation occurs.
(G)
Change the statistical test applied other than the Sign test.
(H)
Increase the approved Type I decision error above the level stated in the LTP.
(I)
Change the approach used to demonstrate compliance with the dose criteria (e.g., change from demonstrating compliance using derived concentration levels to demonstrating compliance using a dose assessment that is based on final concentration data).
(J)
Change parameter values or pathway dose conversion used to calculate the dose such that the resultant dose is lower than in the approved LTP and if a dose assessment is being used to demonstrate compliance with the dose criteria.
(K)
Reuse concrete from demolished structures, other than from the list of areas specified in Section 2.1.1 of TSD 17-010, Final Report -
Unconditional Release Surveys at the Zion Station Restoration Project, Revision 1, as backfill.
(L)
Assign a dose for reuse concrete other than the dose values provided along with the LTP (as shown in Table 6-53 (Revision 2) of the LTP) and documented in Section 8 and Table 33 of TSD 14-010, RESRAD Dose Modeling for Basement Fill Model and Soil DCGL and Calculation of Basement Fill Model Dose Factors and DCGLs, Revision 6.
(M)
Use area-specific surrogate ratios that are less than the maximum surrogate ratios (H-3/Cs-137, Ni-63/Co-60, Sr-90/Cs-137) presented in Table 5-15 (Revision 2) of the LTP.