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| CNR0-17-00001 January 4, 2017 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Entergy Nuclear Operations Inc. 440 Hamilton Avenue White Plains, NY 10601 Tel: 914-272-3421 jventos@entergy.com John A. Ventosa Chief Operating Officer -North 1 O CFR 50.82(a)(1
| | ~Entergy Entergy Nuclear Operations Inc. |
| )(i) | | 440 Hamilton Avenue White Plains, NY 10601 Tel: 914- 272-3421 jventos@entergy.com John A. Ventosa Chief Operating Officer - North 10 CFR 50.82(a)(1 )(i) |
| | CNR0-17-00001 January 4, 2017 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 |
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| ==SUBJECT:== | | ==SUBJECT:== |
| Withdrawal of Certification of Permanent Cessation of Power Operations James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059 | | Withdrawal of Certification of Permanent Cessation of Power Operations James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059 |
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| ==REFERENCES:== | | ==REFERENCES:== |
| : 1. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Notification of Permanent Cessation of Power Operations," JAFP-15-0133, dated November 18, 2015 (ADAMS Accession No. ML15322A273) | | : 1. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Notification of Permanent Cessation of Power Operations," |
| : 2. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Certification of Permanent Cessation of Power Operations," JAFP-16-0045, dated March 16, 2016 (ADAMS Accession No. ML16076A391) | | JAFP-15-0133, dated November 18, 2015 (ADAMS Accession |
| : 3. Letter, Entergy Nuclear Operations, Inc. and Exelon Generation Company, LLC to USNRC, "Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment," dated August 18, 2016 (ADAMS Accession No. ML16235A081) | | * I 1 |
| | No. ML15322A273) |
| | : 2. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Certification of Permanent Cessation of Power Operations," |
| | JAFP-16-0045, dated March 16, 2016 (ADAMS Accession No. ML16076A391) |
| | : 3. Letter, Entergy Nuclear Operations, Inc. and Exelon Generation Company, LLC to USNRC, "Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment," dated August 18, 2016 (ADAMS Accession No. ML16235A081) |
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| ==Dear Sir or Madam:== | | ==Dear Sir or Madam:== |
| On November 18, 2015, Entergy Nuclear Operations, Inc. (Entergy) notified the NRC that it intended to permanently cease power operations of James A. FitzPatrick Nuclear Power Plant (JAF) in late 2016 or early 2017 (Reference 1). In Reference 2, pursuant to 10 CFR 50.82(a)(1 | | |
| )(i), Entergy certified that it planned to permanently cease power operations at JAF on January 27, 2017. The planned permanent closure of JAF was due to the economic conditions for operating a nuclear power plant in upstate New York. Subsequent to certification of planned permanent cessation of power operations, an option to keep JAF operating in the form of a planned sale and proposed transfer of the operating license to Exelon Generation Company, LLC (Exelon Generation) (the "Transaction") | | On November 18, 2015, Entergy Nuclear Operations, Inc. (Entergy) notified the NRC that it intended to permanently cease power operations of James A. FitzPatrick Nuclear Power Plant (JAF) in late 2016 or early 2017 (Reference 1). In Reference 2, pursuant to 10 CFR 50.82(a)(1 )(i), Entergy certified that it planned to permanently cease power operations at JAF on January 27, 2017. The planned permanent closure of JAF was due to the economic conditions for operating a nuclear power plant in upstate New York. |
| was announced | | Subsequent to certification of planned permanent cessation of power operations, an option to keep JAF operating in the form of a planned sale and proposed transfer of the operating license to Exelon Generation Company, LLC (Exelon Generation) (the "Transaction") was announced {see Reference 3). In accordance with the terms of the Transaction, JAF will temporarily shut down in January 2017 for a planned refueling outage and resume power operations upon startup from the refueling outage. Following |
| {see Reference 3). In accordance with the terms of the Transaction, JAF will temporarily shut down in January 2017 for a planned refueling outage and resume power operations upon startup from the refueling outage. Following I | | |
| * 1 CNR0-17-00001 I Page 2 of 2 the start up from the outage and subject to a number of conditions, including the receipt of all required regulatory approvals, Entergy will transfer ownership of JAF and the license to operate JAF will transfer to Exelon Generation.
| | CNR0-17-00001 I Page 2 of 2 the start up from the outage and subject to a number of conditions, including the receipt of all required regulatory approvals, Entergy will transfer ownership of JAF and the license to operate JAF will transfer to Exelon Generation. The application to transfer the operating license was submitted in Reference 3. |
| The application to transfer the operating license was submitted in Reference | | Although the application to transfer the operating license is still under NRC review, the New York Public Service Commission and the Federal Energy Regulatory Commission have approved the transfer of ownership of JAF to Exelon Generation. |
| : 3. Although the application to transfer the operating license is still under NRC review, the New York Public Service Commission and the Federal Energy Regulatory Commission have approved the transfer of ownership of JAF to Exelon Generation.
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| In the application to transfer the operating license (Reference 3), Exelon Generation requested that Entergy's notice of intent to permanently cease power operations (References 1 and 2) be deemed withdrawn if the NRC approved the license transfer. | | In the application to transfer the operating license (Reference 3), Exelon Generation requested that Entergy's notice of intent to permanently cease power operations (References 1 and 2) be deemed withdrawn if the NRC approved the license transfer. |
| However, in light of the approvals from the New York Public Service Commission and the Federal Energy Regulatory Commission of the transfer of ownership of JAF to Exelon Generation and Entergy's decision to continue operations of JAF and p*ursue transfer of the operating license, by this letter, Entergy formally withdraws its certification of permanent cessation of power operations. | | However, in light of the approvals from the New York Public Service Commission and the Federal Energy Regulatory Commission of the transfer of ownership of JAF to Exelon Generation and Entergy's decision to continue operations of JAF and p*ursue transfer of the operating license, by this letter, Entergy formally withdraws its certification of permanent cessation of power operations. Entergy requests that the NRC acknowledge this withdrawal within 30 days of receipt of this letter. |
| Entergy requests that the NRC acknowledge this withdrawal within 30 days of receipt of this letter. Should you have any questions regarding this submittal, please contact Mr. Bryan Ford at 601-368-5516. | | Should you have any questions regarding this submittal, please contact Mr. Bryan Ford at 601-368-5516. |
| This letter contains no new regulatory commitments. | | This letter contains no new regulatory commitments. |
| I declare under penalty of perjury that the foregoing is true and correct; executed on January 4, 2017. Sincerely, JV I pie cc: Mr. Daniel H. Dorman Region 1 Administrator U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd, Suite 100 King of Prussia, PA 19406-2713 Mr. James S. Kim, Project Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 08015 Washington, DC 20555 NRC Senior Resident Inspector | | I declare under penalty of perjury that the foregoing is true and correct; executed on January 4, 2017. |
| -James A. FitzPatrick Nuclear Power Plant NYSPSC NYSERDA}} | | Sincerely, JV I pie cc: Mr. Daniel H. Dorman Region 1 Administrator U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd, Suite 100 King of Prussia, PA 19406-2713 Mr. James S. Kim, Project Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 08015 Washington, DC 20555 NRC Senior Resident Inspector - James A. FitzPatrick Nuclear Power Plant NYSPSC NYSERDA}} |
Letter Sequence Request |
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CAC:MF8293, Control Room Habitability (Approved, Closed) |
Results
Other: JAFP-15-0027, Fourth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051), JAFP-15-0105, Fifth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051), JAFP-16-0028, Sixth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051), JAFP-16-0140, Seventh Six-Month Status Report for the Implementation of Order EA-12-051, Order Modifying Licenses with Regard to Requirements for Reliable Spent Fuel Pool Instrumentation, JAFP-17-0018, Eighth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051), ML16243A055, ML16243A056, ML17041A196, ML17041A274, ML17086A205, ML17090A188
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MONTHYEARJAFP-15-0027, Fourth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2015-02-27027 February 2015 Fourth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) Project stage: Other JAFP-15-0105, Fifth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2015-08-28028 August 2015 Fifth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) Project stage: Other JAFP-16-0028, Sixth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2016-02-26026 February 2016 Sixth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) Project stage: Other CNRO-2016-00010, Entergy Nuclear Operations, Inc. - Decommissioning Funding Status Report, Per 10 CFR 50.75(f)(1) and 10 CFR 50.82(a)(8)(v)2016-03-30030 March 2016 Entergy Nuclear Operations, Inc. - Decommissioning Funding Status Report, Per 10 CFR 50.75(f)(1) and 10 CFR 50.82(a)(8)(v) Project stage: Request JAFP-16-0096, Supporting Information for Request for Relaxation of March 12, 2012 Commission Orders Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events and Reliable Spent Fuel Pool..2016-06-16016 June 2016 Supporting Information for Request for Relaxation of March 12, 2012 Commission Orders Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events and Reliable Spent Fuel Pool.. Project stage: Request ML16235A0812016-08-18018 August 2016 Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment Project stage: Request JAFP-16-0140, Seventh Six-Month Status Report for the Implementation of Order EA-12-051, Order Modifying Licenses with Regard to Requirements for Reliable Spent Fuel Pool Instrumentation2016-08-25025 August 2016 Seventh Six-Month Status Report for the Implementation of Order EA-12-051, Order Modifying Licenses with Regard to Requirements for Reliable Spent Fuel Pool Instrumentation Project stage: Other JAFP-16-0147, Request for Extension to Comply with 03/12/2012 Commission Orders Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events and Reliable Spent Fuel Pool Instrumentation2016-09-0808 September 2016 Request for Extension to Comply with 03/12/2012 Commission Orders Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events and Reliable Spent Fuel Pool Instrumentation Project stage: Request ML16243A0552016-09-0909 September 2016 Notice of Consideration of Approval of Transfer of Renewed Facility Operating License and Conforming Amendment, and Opportunity for a Hearing - James A. Fitzpatrick Nuclear Power Plant Project stage: Other ML16243A0562016-09-0909 September 2016 FRN for License Transfer for FitzPatrick NPP: from ENO to Exelon Project stage: Other ML16250A4612016-09-19019 September 2016 Request for Withholding Information from Public Disclosure for James A. FitzPatrick Nuclear Power Plant Project stage: Withholding Request Acceptance ML16266A4832016-10-0303 October 2016 Plan: Acceptance of Requested Licensing Action Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment Project stage: Acceptance Review ML16299A0192016-11-0202 November 2016 Request for Additional Information Regarding Direct License Transfer from Entergy to Exelon Project stage: RAI ML16335A1042016-11-29029 November 2016 Independent Spent Fuel Storage Installation, Response to Request for Additional Information Regarding Application for Order Approving Transfer F Renewed Facility Operating License and Proposed Conforming License Amendment Project stage: Response to RAI ML17012A2802017-01-0404 January 2017 Withdrawal of Certification of Permanent Cessation of Power Operations Project stage: Request JAFP-17-0018, Eighth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051)2017-02-28028 February 2017 Eighth Six-Month Status Report in Response to March 12, 2012 Commission Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Order Number EA-12-051) Project stage: Other ML17041A2742017-03-0101 March 2017 Federal Register Notice - Order Approving Direct License Transfer of FitzPatrick Power Plant from Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc. to Exelon Generation Company, LLC Project stage: Other ML17041A1962017-03-0101 March 2017 LTR with Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment Project stage: Other ML17086A2052017-03-27027 March 2017 Notification of Expected Date of Transfer of Nuclear Unit to Exelon Generation Company, LLC, Notification of Satisfactory Documentary Evidence of Insurance, and Notification of Receipt of All Required Regulatory Approvals Project stage: Other ML17090A1882017-03-31031 March 2017 ISFSI - Notification of Completion of License Transfer and Request to Continue Processing Pending NRC Actions Previously Requested by Entergy Project stage: Other ML17082A2832017-03-31031 March 2017 Issuance of Amendment Application for Order to Transfer Renewed Facility Operating License, Independent Spent Fuel Storage Installation General License, and Conforming Amendment from Entergy Nuclear to Exelon Generation CAC No. MF8293) Project stage: Approval ML17206A3952017-07-24024 July 2017 ISFSI - Application for Order Approving Transfer of Direct Ownership Under Renewed Facility Operating License and Proposed Conforming License Amendment Project stage: Request 2016-08-25
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Category:Letter
MONTHYEARIR 05000333/20230042024-02-0707 February 2024 Integrated Inspection Report 05000333/2023004 and Independent Spent Fuel Storage Installation Inspection Report 07200012/2023001 ML24037A0102024-02-0606 February 2024 Requalification Program Inspection ML24018A0012024-01-18018 January 2024 Notification of Commercial Grade Dedication Inspection (05000333/2024010) and Request for Information ML24004A2302024-01-0808 January 2024 Project Manager Reassignment ML23356A0832024-01-0404 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0058 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23278A1292023-12-14014 December 2023 Units 1 & 2; Limerick, Units 1 & 2; Nine Mile Point, Units 1 & 2; and Peach Bottom, Units 2 & 3 -Revision to Approved Alternatives to Use Boiling Water Reactor Vessel and Internals Project Guidelines JAFP-23-0065, License Amendment Request to Revise Technical Specifications to Adopt TSTF-529, Clarify Use and Application Rules, Revision 4, and Administrative Changes to the Technical Specifications2023-12-14014 December 2023 License Amendment Request to Revise Technical Specifications to Adopt TSTF-529, Clarify Use and Application Rules, Revision 4, and Administrative Changes to the Technical Specifications IR 05000333/20234012023-12-0808 December 2023 Cybersecurity Inspection Report 05000333/2023401 (Cover Letter Only) RS-23-126, Request for Exemption from 10 CFR 2.109(b)2023-12-0707 December 2023 Request for Exemption from 10 CFR 2.109(b) JAFP-23-0069, Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements2023-12-0707 December 2023 Supplemental Response to Part 73 Exemption Request Withdrawal of Request for Exemption from 10 CFR 73, Subpart B, Preemption Authority Requirements JAFP-23-0057, and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-11-22022 November 2023 and Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation JAFP-23-0064, Emergency Plan Document Revision2023-11-15015 November 2023 Emergency Plan Document Revision JAFP-23-0063, Registration of Spent Fuel Cask Use2023-11-13013 November 2023 Registration of Spent Fuel Cask Use IR 05000333/20230032023-11-13013 November 2023 Integrated Inspection Report 05000333/2023003 ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums IR 05000333/20230102023-10-26026 October 2023 Biennial Problem Identification and Resolution Inspection Report 05000333/2023010 JAFP-23-0059, Registration of Spent Fuel Cask Use2023-10-24024 October 2023 Registration of Spent Fuel Cask Use IR 05000333/20233012023-10-19019 October 2023 Initial Operator Licensing Examination Report 05000333/2023301 RS-23-097, Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans2023-10-12012 October 2023 Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans JAFP-23-0050, Physical Security Plan, Revision 242023-08-31031 August 2023 Physical Security Plan, Revision 24 JAFP-23-0048, Supplemental Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis2023-08-31031 August 2023 Supplemental Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis IR 05000333/20230052023-08-31031 August 2023 Updated Inspection Plan for James A. FitzPatrick Nuclear Power Plant (Report 05000333/2023005) JAFP-23-0047, Correction to the 2022 Annual Radioactive Effluent Release Report2023-08-30030 August 2023 Correction to the 2022 Annual Radioactive Effluent Release Report ML23228A1342023-08-16016 August 2023 Licensed Operator Positive Fitness-For-Duty Test IR 05000333/20230022023-08-0707 August 2023 Integrated Inspection Report 05000333/2023002 RS-23-087, Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor2023-08-0404 August 2023 Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor JAFP-23-0040, License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis2023-08-0303 August 2023 License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis JAFP-23-0043, 10 CFR 50.46 Annual Report2023-07-31031 July 2023 10 CFR 50.46 Annual Report JAFP-23-0038, License Amendment Request to Modify Technical Specification Surveillance Requirement (SR) 3.4.3.1 Safety Relief Valves (S/Rvs) Setpoint Lower Tolerance2023-07-28028 July 2023 License Amendment Request to Modify Technical Specification Surveillance Requirement (SR) 3.4.3.1 Safety Relief Valves (S/Rvs) Setpoint Lower Tolerance ML23208A1622023-07-27027 July 2023 Operator Licensing Examination Approval IR 05000333/20234022023-07-26026 July 2023 Security Baseline Inspection Report 05000333/2023402 IR 05000333/20230112023-07-25025 July 2023 Post-Approval Site Inspection for License Renewal - Phase 4 Inspection Report 05000333/2023011 IR 05000333/20235012023-07-20020 July 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000333/2023501 JAFP-23-0033, License Amendment Request - Technical Specifications (TS) Section 3.3.1.2, Source Range Monitors (SRM) Instrumentation2023-06-28028 June 2023 License Amendment Request - Technical Specifications (TS) Section 3.3.1.2, Source Range Monitors (SRM) Instrumentation IR 05000333/20234202023-06-26026 June 2023 Security Baseline Inspection Report 05000333 2023420 RS-23-077, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-06-16016 June 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations ML23164A0322023-06-13013 June 2023 Request for Information for a Biennial Problem Identification and Resolution Inspection; Inspection Report 05000333/2023010 ML23152A0042023-06-0101 June 2023 Information Request for the Cyber Security Baseline Inspection, Notification to Perform Inspection 05000333/2023401 RS-23-042, Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling2023-05-25025 May 2023 Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling JAFP-23-0025, 2022 Annual Radiological Environmental Operating Report2023-05-10010 May 2023 2022 Annual Radiological Environmental Operating Report IR 05000333/20230012023-05-0303 May 2023 Integrated Inspection Report 05000333/2023001 ML23117A2172023-05-0101 May 2023 Safety Evaluation for Quality Assurance Program Manual Reduction in Commitment ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI JAFP-23-0023, 2022 Annual Radioactive Effluent Release Report2023-04-27027 April 2023 2022 Annual Radioactive Effluent Release Report IR 05000333/20230122023-04-13013 April 2023 Quadrennial Fire Protection Inspection Report 05000333/2023012 ML23095A3722023-04-0505 April 2023 2023 Updated Final Safety Analysis Report, Technical Specification Bases and Technical Requirements Manual Changes Transmittal RS-23-049, Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations2023-03-23023 March 2023 Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations IR 05000333/20220042023-03-20020 March 2023 Integrated Inspection Report 05000333/2022004 JAFP-23-0010, 2022 REIRS Transmittal of NRC Form 52023-03-20020 March 2023 2022 REIRS Transmittal of NRC Form 5 ML23061A1632023-03-0303 March 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch 3 2024-02-07
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~Entergy Entergy Nuclear Operations Inc.
440 Hamilton Avenue White Plains, NY 10601 Tel: 914- 272-3421 jventos@entergy.com John A. Ventosa Chief Operating Officer - North 10 CFR 50.82(a)(1 )(i)
CNR0-17-00001 January 4, 2017 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001
SUBJECT:
Withdrawal of Certification of Permanent Cessation of Power Operations James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-059
REFERENCES:
- 1. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Notification of Permanent Cessation of Power Operations,"
JAFP-15-0133, dated November 18, 2015 (ADAMS Accession
No. ML15322A273)
- 2. Letter, Entergy Nuclear Operations, Inc. to USNRC, "Certification of Permanent Cessation of Power Operations,"
JAFP-16-0045, dated March 16, 2016 (ADAMS Accession No. ML16076A391)
- 3. Letter, Entergy Nuclear Operations, Inc. and Exelon Generation Company, LLC to USNRC, "Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment," dated August 18, 2016 (ADAMS Accession No. ML16235A081)
Dear Sir or Madam:
On November 18, 2015, Entergy Nuclear Operations, Inc. (Entergy) notified the NRC that it intended to permanently cease power operations of James A. FitzPatrick Nuclear Power Plant (JAF) in late 2016 or early 2017 (Reference 1). In Reference 2, pursuant to 10 CFR 50.82(a)(1 )(i), Entergy certified that it planned to permanently cease power operations at JAF on January 27, 2017. The planned permanent closure of JAF was due to the economic conditions for operating a nuclear power plant in upstate New York.
Subsequent to certification of planned permanent cessation of power operations, an option to keep JAF operating in the form of a planned sale and proposed transfer of the operating license to Exelon Generation Company, LLC (Exelon Generation) (the "Transaction") was announced {see Reference 3). In accordance with the terms of the Transaction, JAF will temporarily shut down in January 2017 for a planned refueling outage and resume power operations upon startup from the refueling outage. Following
CNR0-17-00001 I Page 2 of 2 the start up from the outage and subject to a number of conditions, including the receipt of all required regulatory approvals, Entergy will transfer ownership of JAF and the license to operate JAF will transfer to Exelon Generation. The application to transfer the operating license was submitted in Reference 3.
Although the application to transfer the operating license is still under NRC review, the New York Public Service Commission and the Federal Energy Regulatory Commission have approved the transfer of ownership of JAF to Exelon Generation.
In the application to transfer the operating license (Reference 3), Exelon Generation requested that Entergy's notice of intent to permanently cease power operations (References 1 and 2) be deemed withdrawn if the NRC approved the license transfer.
However, in light of the approvals from the New York Public Service Commission and the Federal Energy Regulatory Commission of the transfer of ownership of JAF to Exelon Generation and Entergy's decision to continue operations of JAF and p*ursue transfer of the operating license, by this letter, Entergy formally withdraws its certification of permanent cessation of power operations. Entergy requests that the NRC acknowledge this withdrawal within 30 days of receipt of this letter.
Should you have any questions regarding this submittal, please contact Mr. Bryan Ford at 601-368-5516.
This letter contains no new regulatory commitments.
I declare under penalty of perjury that the foregoing is true and correct; executed on January 4, 2017.
Sincerely, JV I pie cc: Mr. Daniel H. Dorman Region 1 Administrator U.S. Nuclear Regulatory Commission 2100 Renaissance Blvd, Suite 100 King of Prussia, PA 19406-2713 Mr. James S. Kim, Project Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 08015 Washington, DC 20555 NRC Senior Resident Inspector - James A. FitzPatrick Nuclear Power Plant NYSPSC NYSERDA