View source for L-23-205, Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments

{{Adams
| number = ML23255A061
| issue date = 09/12/2023
| title = Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments
| author name = Hamilton D
| author affiliation = Energy Harbor Nuclear Corp
| addressee name = 
| addressee affiliation = NRC/NMSS, NRC/NRR, NRC/Document Control Desk
| docket = 05000445, 05000446, 07200074, 05000334, 05000412, 07201043, 05000346, 07200014, 05000440, 07200069
| license number = NPF-087, NPF-089, NPF-073, NPF-003, NPF-058, DPR-066
| contact person = 
| case reference number = L-23-205
| document type = Letter type:L, License-Application for Facility Operating License (Amend/Renewal) DKT 50
| page count = 1
| project = 
| stage = Supplement
}}

=Text=
{{#Wiki_filter:Energy Harbor Nuclear Corp.
168 E. Market Street Akron, Ohio 44308 David B. Hamilton                                                                330-436-1360 President and Chief Nuclear Officer September 12, 2023                                                          10 CFR 50.80 L-23-205                                                                    10 CFR 50.90 10 CFR 72.50 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

==SUBJECT:==

Comanche Peak Nuclear Power Plant, Units 1 and 2 Docket No. 50-445, License No. NPF-87 Docket No. 50-446, License No. NPF-89 Comanche Peak Nuclear Power Plant, Units 1 and 2, Independent Spent Fuel Storage Installation (ISFSI)
Docket No. 72-74 Beaver Valley Power Station, Unit Nos. 1 and 2 Docket No. 50-334, License No. DPR-66 Docket No. 50-412, License No. NPF-73 Beaver Valley Power Station, Unit Nos. 1 and 2, ISFSI Docket No. 72-1043 Davis-Besse Nuclear Power Station, Unit No. 1 Docket No. 50-346, License No. NPF-3 Davis-Besse Nuclear Power Station, Unit No. 1, ISFSI Docket No. 72-14 Perry Nuclear Power Plant, Unit No. 1 Docket No. 50-440, License No. NPF-58 Perry Nuclear Power Plant, Unit No. 1, ISFSI Docket No. 72-69 Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments By {{letter dated|date=April 14, 2023|text=letter dated April 14, 2023}} (Accession No. ML23104A423), as supplemented by letters dated April 20, 2023 (Accession No. ML23110A788) and August 7, 2023 (Accession No. ML23219A106), Vistra Operations Company LLC (VistraOps), acting on behalf of itself, Comanche Peak Power Company LLC and certain other affiliates, and Energy Harbor Nuclear Corp. (EHNC), acting on behalf of itself and Energy Harbor Nuclear Generation LLC (EHNG), submitted an application requesting that the U.S. Nuclear Regulatory Commission (NRC) consent to the indirect transfer of control of the licenses for Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 (CPNPP) and its generally licensed independent spent fuel storage installation facility (ISFSI);

Comanche Peak Nuclear Power Plant, Units 1 and 2 Comanche Peak Nuclear Power Plant, Units 1 and 2 ISFSI Beaver Valley Power Station, Unit Nos. 1 and 2 Beaver Valley Power Station, Unit Nos. 1 and 2 ISFSI Davis-Besse Nuclear Power Station, Unit No. 1 Davis-Besse Nuclear Power Station, Unit No. 1 ISFSI Perry Nuclear Power Plant, Unit No. 1 Perry Nuclear Power Plant, Unit No. 1 ISFSI L-23-205 Page 2 the indirect transfer of control of the licenses to own the Beaver Valley Power Station, Unit Nos. 1 and 2 (collectively "BVPS" and individually "BVPS-1" and "BVPS-2"), Davis-Besse Nuclear Power Station, Unit No. 1 ("DBNPS"), and Perry Nuclear Power Plant, Unit No. 1 ("PNPP"), and their respective generally licensed ISFSls (collectively, the "EH Facilities"); and the direct transfer of the operating licenses for the EH Facilities to VistraOps as a consequence of Vistra Corp. 's transaction with Energy Harbor Corp., the parent company of EHNG and EHNC.
Within the application, changes to the EHNC facility operating licenses were shown in Exhibit H, with clean pages provided in Exhibit I. Following submittal of the application, the wording of the proposed license conditions for BVPS-1 and BVPS-2 was noted as being inconsistent with that proposed for DBNPS and PNPP regarding the Support Agreement. Specifically, the phrase "10 working days after any funds are provided to Vistra Operations Company LLC" was used. The phrase should be "10 working days after any funds are provided by Vistra Operations Company LLC." This has been entered into the Corrective Action Program. In addition, the NRC staff requested that the DBNPS condition be modified to state "10 working days" in place of "ten days" and "under the terms of the Support Agreement" in place of "under the Support Agreement."
To provide consistency in the wording of the proposed license conditions, corrected marked-up versions of the affected page for BVPS-1, BVPS-2, and DBNPS are provided in Attachment 1 to supplement Exhibit H. Clean versions of these corrected pages are provided in Attachment 2 to supplement Exhibit I.
There is no impact to the previous no significant hazards consideration as a result of this supplement to the application.
There are no regulatory commitments contained in this letter. If there are any questions or if additional information is required, please contact Mr. Phil H. Lashley, Manager -
Fleet Licensing, at (330) 696-7208.
I declare under penalty of perjury that the foregoing is true and correct. Executed on September , 2- , 2023.
David B. Hamilton

Comanche Peak Nuclear Power Plant, Units 1 and 2 Comanche Peak Nuclear Power Plant, Units 1 and 2 ISFSI Beaver Valley Power Station, Unit Nos. 1 and 2 Beaver Valley Power Station, Unit Nos. 1 and 2 ISFSI Davis-Besse Nuclear Power Station, Unit No. 1 Davis-Besse Nuclear Power Station, Unit No. 1 ISFSI Perry Nuclear Power Plant, Unit No. 1 Perry Nuclear Power Plant, Unit No. 1 ISFSI L-23-205 Page 3 Attachments:
: 1. Corrected Facility Operating License Pages (Changes)
: 2. Corrected Facility Operating License Pages (Clean Pages) cc: Raymond Lorson, Region I [rkl@nrc.gov]
John Giessner, Region III [John.Giessner@nrc.gov]
Robert Lewis, Region IV [Robert.Lewis@nrc.gov]
Dennis Galvin, NRR [Dennis.Galvin@nrc.gov]
John Ellegood, Senior Resident Inspector, CPNPP [John.Ellegood@nrc.gov]
David Nani, Resident Inspector, CPNPP [David.Nani@nrc.gov]
Robert Kuntz, NRC Project Manager, EHNC Fleet [robert.kuntz@nrc.gov]
Neil Day, NRC Senior Resident Inspector, BVPS [nday@energyharbor.com]
Russ Cassara, NRC Senior Resident Inspector, DBNPS
[rcassara@energyharbor.com]
James Beavers, NRC Senior Resident Inspector, PNPP
[jbeavers@energyharbor.com]
Bryan Werner, Director BRP/DEP [brwerner@pa.gov]
David Baracco, Director BRP/DEP [dbaracco@pa.gov]
Wade DeHaas, Site BRP/DEP [wdehaas@pa.gov]
Chris Salz, URSB and OEMA, State of Ohio [cmsalz@dps.ohio.gov]
Robert Free, Tex. Dept. of State Health Svc. [robert.free@dshs.state.tx.us]

Attachment 1 L-23-188 Corrected Facility Operating License Pages (Changes)
(3 pages follow)

APPENDIX C ADDITIONAL CONDITIONS OPERATING LICENSE NO. DPR-66 Energy Harbor Nuclear Corp.Vistra Operations Company LLC and Energy Harbor Nuclear Generation LLC shall comply with the following conditions on the schedules noted below:
Amendment       Additional Condition                                                 Implementation Number                                                                               Date 304             Based on the Commissions approval regarding the change in the       The parent company issuing a $400 million Support Agreement to           amendment Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          shall be Generation LLC shall comply with the conditions noted below.         implemented This $400 million Support Agreement supersedes all previous          within 7 days parent support agreements.                                           from date of issuance A. The Support Agreement in the amount of $400 million described in the application dated April 26, 2019, is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Energy Harbor Corp. under the terms of the Support Agreement.
306             B. Deleted.
C. Deleted.
XXX             Based on the Commissions approval regarding the change in the       The parent company issuing a $400 million Support Agreement to           amendment Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          shall be Generation LLC shall comply with the conditions noted below.         implemented This $400 million Support Agreement supersedes all previous          within 7 days parent support agreements.                                           from date of issuance A. The Support Agreement in the amount of $400 million described in the application dated April 14, 2023, is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Vistra Operations Company LLC under the terms of the Support Agreement.
Beaver Valley Unit 1                               C-6                      Amendment No. 304, 306

APPENDIX D ADDITIONAL CONDITIONS OPERATING LICENSE NO. NPF-73 Energy Harbor Nuclear Corp.Vistra Operations Company LLC and Energy Harbor Nuclear Generation LLC shall comply with the following conditions on the schedules noted below:
Amendment     Additional Condition                                                 Implementation Number                                                                             Date 194           Amendment Number 187 described a $400 million Support Agreement between FirstEnergy Solutions Corp. (FES) and FirstEnergy Nuclear Generation, LLC (FENGen). However, the amendment did not clearly state that this Support Agreement superseded entirely a similar agreement between FirstEnergy Corp. and FirstEnergy Nuclear Generation Corp. (predecessor of FENGen).
Based on the Commissions approval regarding the change in           The amendment the parent company issuing a $400 million Support Agreement to       shall be Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          implemented within Generation LLC shall comply with the conditions noted below.         7 days from date of This $400 million Support Agreement supersedes all previous          issuance parent support agreements.
A. The Support Agreement in the amount of $400 million described in the application dated April 26, 2019 is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Energy Harbor Corp. under the terms of the Support Agreement.
196           B. Deleted.
C. Deleted XXX           Based on the Commissions approval regarding the change in the       The amendment parent company issuing a $400 million Support Agreement to           shall be Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          implemented within Generation LLC shall comply with the conditions noted below.         7 days from date of This $400 million Support Agreement supersedes all previous          issuance parent support agreements.
A. The Support Agreement in the amount of $400 million described in the application dated April 14, 2023, is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Vistra Operations Company LLC under the terms of the Support Agreement.
Beaver Valley Unit 2                            D-7                     Amendment No. 194, 196

B.      The Support Agreement in the amount of $400 million described in the application dated April 26, 2019April 14, 2023, is effective. Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff.
Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than ten10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Energy Harbor Corp.Vistra Operations Company LLC under the terms of the Support Agreement.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed by William M. Dean William M. Dean, Director Office of Nuclear Reactor Regulation Attachments:
: 1. Appendix A - Technical Specifications
: 2. Preoperational Tests, Startup Tests and Other Items Which Must Be Completed Prior to Proceeding to Succeeding Operational Modes Date of Issuance: December 8, 2015 L-19                  Renewed License No. NPF-3 Amendment No. 299

Attachment 2 L-23-188 Corrected Facility Operating License Pages (Clean Pages)
(3 pages follow)

APPENDIX C ADDITIONAL CONDITIONS OPERATING LICENSE NO. DPR-66 Vistra Operations Company LLC and Energy Harbor Nuclear Generation LLC shall comply with the following conditions on the schedules noted below:
Amendment         Additional Condition                                                 Implementation Number                                                                                 Date 304               Based on the Commissions approval regarding the change in the       The parent company issuing a $400 million Support Agreement to           amendment Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          shall be Generation LLC shall comply with the conditions noted below.         implemented This $400 million Support Agreement supersedes all previous          within 7 days parent support agreements.                                           from date of issuance A. The Support Agreement in the amount of $400 million described in the application dated April 26, 2019, is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Energy Harbor Corp. under the terms of the Support Agreement.
306               B. Deleted.
C. Deleted.
XXX               Based on the Commissions approval regarding the change in the       The parent company issuing a $400 million Support Agreement to           amendment Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          shall be Generation LLC shall comply with the conditions noted below.         implemented This $400 million Support Agreement supersedes all previous          within 7 days parent support agreements.                                           from date of issuance A. The Support Agreement in the amount of $400 million described in the application dated April 14, 2023, is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Vistra Operations Company LLC under the terms of the Support Agreement.
Beaver Valley Unit 1                               C-6                           Amendment No. 306

APPENDIX D ADDITIONAL CONDITIONS OPERATING LICENSE NO. NPF-73 Vistra Operations Company LLC and Energy Harbor Nuclear Generation LLC shall comply with the following conditions on the schedules noted below:
Amendment       Additional Condition                                                 Implementation Number                                                                               Date 194             Amendment Number 187 described a $400 million Support Agreement between FirstEnergy Solutions Corp. (FES) and FirstEnergy Nuclear Generation, LLC (FENGen). However, the amendment did not clearly state that this Support Agreement superseded entirely a similar agreement between FirstEnergy Corp. and FirstEnergy Nuclear Generation Corp. (predecessor of FENGen).
Based on the Commissions approval regarding the change in           The amendment the parent company issuing a $400 million Support Agreement to       shall be Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          implemented within Generation LLC shall comply with the conditions noted below.         7 days from date of This $400 million Support Agreement supersedes all previous          issuance parent support agreements.
A. The Support Agreement in the amount of $400 million described in the application dated April 26, 2019 is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Energy Harbor Corp. under the terms of the Support Agreement.
196             B. Deleted.
C. Deleted XXX             Based on the Commissions approval regarding the change in the       The amendment parent company issuing a $400 million Support Agreement to           shall be Energy Harbor Nuclear Generation LLC, Energy Harbor Nuclear          implemented within Generation LLC shall comply with the conditions noted below.         7 days from date of This $400 million Support Agreement supersedes all previous          issuance parent support agreements.
A. The Support Agreement in the amount of $400 million described in the application dated April 14, 2023, is effective.
Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Vistra Operations Company LLC under the terms of the Support Agreement.
Beaver Valley Unit 2                              D-7                         Amendment No. 196

B.      The Support Agreement in the amount of $400 million described in the application dated April 14, 2023, is effective. Energy Harbor Nuclear Generation LLC shall take no action to void, cancel, or modify the Support Agreement without the prior written consent of the NRC staff. Energy Harbor Nuclear Generation LLC shall inform the Director of the Office of Nuclear Reactor Regulation, in writing, no later than 10 working days after any funds are provided to Energy Harbor Nuclear Generation LLC by Vistra Operations Company LLC under the terms of the Support Agreement.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed by William M. Dean William M. Dean, Director Office of Nuclear Reactor Regulation Attachments:
: 1. Appendix A - Technical Specifications
: 2. Preoperational Tests, Startup Tests and Other Items Which Must Be Completed Prior to Proceeding to Succeeding Operational Modes Date of Issuance: December 8, 2015 L-19                  Renewed License No. NPF-3 Amendment No. 299}}