ML072740029

License Pg 1-4 and Appendix C Pg 1-4 - Conforming Amendment for Order Approving the Direct Transfer of Facility Operating License License from Entergy Gulf States, Inc., to Entergy Gulf States Louisiana, LLC

ML072740029
Person / Time
Site:	River Bend
Issue date:	10/26/2007
From:	NRC/NRR/ADRO/DORL/LPLIV
To:
Vaidya B, NRR/DORL/LP4, 415-3308
References
TAC MD5761
Download: ML072740029 (8)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 ENTERGY GULF STATES LOUISIANA, LLC**

AND ENTERGY OPERATIONS, INC.

DOCKET NO. 50-458 RIVER BEND STATION, UNIT 1 FACILITY OPERATING LICENSE License No. NPF-47

1. The Nuclear Regulatory Commission (the Commission or the NRC) has found that:

A. The application for license filed by Gulf States Utilities Company (now renamed Entergy Gulf States Louisiana, LLC),

acting on behalf of itself and Cajun Electric Power Cooperative***, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the River Bend Station, Unit 1 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-145 and the application, as amended, the provisions of the Act and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission; D. There is reasonable assurance: (1) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commissions regulations set forth in 10 CFR Chapter I; E. Entergy Operations, Inc.* (EOI) is technically qualified to engage in the activities authorized by this operating license in accordance with the Commissions regulations set forth in 10 CFR Chapter I;

• EOI is authorized to act as agent for Entergy Gulf States Louisiana, LLC, and has exclusive responsibility and control over the physical construction, operation and maintenance of the facility.

• • Entergy Gulf States, Inc., restructured its organization. Entergy Gulf States Louisiana, LLC was the resulting owner of River Bend Station.

• • • Entergy Gulf States, Inc. was authorized to act as agent for Cajun Electric Power Cooperative prior to the transfer of Cajun Electric Power Cooperatives 30% ownership interest in River Bend to Entergy Gulf States, Inc. Entergy Gulf States, Inc. has merged into Entergy Gulf States Louisiana, LLC.

Amendment No. 70 79 88 101,

F. Entergy Gulf States Louisiana, LLC and EOI have satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations; G. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. NPF-47, subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied; and I. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Commissions regulations in 10 CFR Parts 30, 40 and 70.

2. Based on the foregoing findings and approval by the Nuclear Regulatory Commission at a meeting on November 15, 1985, the License for Fuel Loading and Low Power Testing, License No. NPF 40, issued on August 29, 1985, is superseded by Facility Operating License NPF-47 hereby issued to EOI and Entergy Gulf States Louisiana, LLC (the licensees), to read as follows:

A. This license applies to the River Bend Station, Unit 1, a boiling water nuclear reactor and associated equipment, owned by Entergy Gulf States Louisiana, LLC and operated by EOI. The facility is located approximately 2 miles east of the Mississippi River in West Feliciana Parish, Louisiana, approximately 2.7 miles southeast of St. Francisville, Louisiana and approximately 18 miles northwest of the city limits of Baton Rouge, Louisiana, and is described in the Final Safety Analysis Report, as supplemented and amended, and in the Environmental Report-Operating License Stage, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:

(1) Entergy Gulf States Louisiana, LLC to possess the facility at the designated location in West Feliciana Parish, Louisiana, in accordance with the procedures and limitations set forth in this license; (2) EOI, pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use and operate the facility at the above designated location in accordance with the procedures and limitations set forth in this license; Amendment No. 70 79 88 101,

(3) EOI, pursuant to the Act and 10 CFR Part 70, to receive, possess and to use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4) EOI, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) EOI, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) EOI, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter 1 and is subject to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level EOI is authorized to operate the facility at reactor core power levels not in excess of 3091 megawatts thermal (100% rated power) in accordance with the conditions specified herein. The items identified in Attachment 1 to this license shall be completed as specified. Attachment 1 is hereby incorporated into this license.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, as revised through Amendment No. and the Environmental Protection Plan contained in Appendix B, are hereby incorporated in the license. EOI shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

Amendment No. 70 79 114 129 151 152,

(3) Antitrust Conditions

a. Entergy Gulf States Louisiana, LLC shall comply with the antitrust conditions in Appendix C, attached hereto, which is hereby incorporated in this license.

b. EOI shall not market or broker power or energy from River Bend Station, Unit 1. Entergy Gulf States Louisiana, LLC is responsible and accountable for the actions of its agent, EOI, to the extent said agent's actions affect the marketing or brokering of power or energy from River Bend Station, Unit 1 and, in any way, contravene the antitrust conditions of this paragraph or Appendix C of this license.

(4) Seismic and Dynamic Qualification of Seismic Category 1 Mechanical and Electrical Equipment (Section 3.10, SER and SSER 3)

EOI shall complete the requirements of the seismic and dynamic qualification of mechanical and electrical equipment as specified in Attachment 2.

Attachment 2 is hereby incorporated into this license.

(5) Mark III Related Issues (Section 6.2.1.9, SER and SSER 2)

a. EOI shall not use the residual heat removal system in the steam condensing mode without prior written approval of the staff.

b. Prior to startup following the first refueling outage, GSU* shall furnish the outstanding information identified in Appendix K of SSER 2 addressing the Mark III containment related issues.

(6) Inservice Inspection Program (Section 5.2.4.3 and 6.6.3, SER and SSER 3)

GSU shall submit the inservice inspection program for NRC staff review and approval by September 1, 1986.

• The original licensee authorized to possess, use and operate the facility was Gulf States Utilities Company (GSU). Amendment 88 resulted in a name change for Gulf States Utilities Company (GSU) to Entergy Gulf States, Inc. Entergy Gulf States, Inc. has now merged into Entergy Gulf States Louisiana, LLC (conforming Amendment ). Consequently, historical references to certain obligations of GSU remain in the license conditions.

Amendment No. 70 79 88,

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 APPENDIX C ANTITRUST CONDITIONS FACILITY OPERATING LICENSE NO. NPF-47 Entergy Gulf States, Inc. is subject to the following antitrust conditions:

(1) Definitions (1)(a) Bulk Power means the electric power, and any attendant energy, supplied or made available at transmission or subtransmission voltage by an entity from its generating facilities.

(l)(b) Entity means person, a private or public corporation, governmental agency, an association, a joint stock association, business trust, municipality, or rural electric cooperative owning, operating, or proposing to own or operate equipment facilities for the generation, transmission, or distribution of electricity primarily for sale or resale to the public. Provided, that, except for municipalities, governmental agencies, or rural electric cooperatives, entity is further restricted to those which are or will be public utilities under the laws of the State in which the entity transacts or will transact business or under the Federal Power Act, and are or will be providing electric service under a contract or rate schedule on file with and subject to the regulation of a State regulatory commission or the Federal Power Commission.

(1)(c) Cost means all operating and maintenance expenses and ownership and capital costs properly allocable to the particular transaction. Cost to be shared by participants under paragraph (9) shall include all costs of acquisition, construction, ownership, capital, operation, and maintenance reasonably allocable to the subject unit. Costs shall include no value for loss of revenues from sale of power at wholesale or retail by one party to a customer which another party might otherwise serve, except as otherwise authorized by any regulatory authority having jurisdiction. Costs shall include a reasonable return on Entergy Gulf States Louisiana, LLCs investment.

(2) Entergy Gulf States Louisiana, LLC shall interconnect with and coordinate reserves by means of the sale and purchase of emergency and/or scheduled maintenance bulk power with any entity(ies) in or within reasonable proximity to Entergy Gulf States Louisiana, LLCs service area in Louisiana engaging in or proposing to engage in electric bulk power supply on terms that will provide for Entergy Gulf States Louisiana, LLCs costs in connection therewith and allow the other entity(ies) full access to the benefits and obligations of reserve coordination.

Amendment No. 88,

(3) Such emergency service and/or scheduled maintenance service to be provided by each entity shall be furnished to the fullest extent available from the supplying entity and desired by the entity in need. Entergy Gulf States Louisiana, LLC and each entity(ies) shall provide to the other such emergency service and/or scheduled maintenance service if and when available from its own generation and from generation of others to the extent it can do so without impairing service to its customers including other electric systems to whom it has firm commitments.

(4) Entergy Gulf States Louisiana, LLC and the other entity(ies) which is (are) party(ies) to a reserve sharing arrangement shall from time to time jointly establish the minimum reserves to be installed and/or provided as necessary to maintain in total a reserve margin sufficient to provide adequate reliability of power supply to the interconnected systems of the parties, consistent with good utility industry practice in the region. If Entergy Gulf States Louisiana, LLC plans its reserve margin on a pooled basis with other regional companies, the reserves jointly established hereunder shall be on the same basis. Unless otherwise agreed upon or established by such regional practice, minimum reserves shall be calculated as a percentage of estimated peak-load responsibility.

No party to the arrangement shall be required to maintain greater reserves than the percentage of its estimated peakload responsibility which results from the aforesaid calculation; provided that if the reserve requirements of Entergy Gulf States Louisiana, LLC are increased over the amount Entergy Gulf States Louisiana, LLC would be required to maintain without such interconnection, then the other party(ies) shall be required to carry or provide for as its (their) reserves the full amount in kilowatts of such increase.

(5) The entities which are parties to such a reserve sharing agreement shall provide such amounts of ready reserve capacity as may be adequate to avoid the imposition of unreasonable demands on the others in meeting the normal contingencies of operating its system.

However, in no circumstances shall the ready reserve requirement exceed the installed reserve requirement.

(6) Interconnections will not be limited to low voltages when higher voltages are available from Entergy Gulf States Louisiana, LLCs installed facilities in the area where interconnection is desired, when the proposed arrangement is found to be technically and economically feasible. Control and telemetering facilities shall be provided as required for safe and prudent operation of the interconnected system.

(7) Interconnection and coordination agreements shall not embody any unlawful or unreasonably restrictive provisions pertaining to intersystem coordination. Good industry practice as developed in the area from time to time (if not unlawfully or unreasonably restrictive) will satisfy this provision.

Amendment No. 88,

(8) Entergy Gulf States Louisiana, LLC will sell (when available) bulk power at its costs to or purchase (when needed) bulk power from any other entity(ies) in or within reasonable proximity to Entergy Gulf States Louisiana, LLCs service area in Louisiana engaging in or proposing to engage in generation of electric power at such entity(ies) cost when such transactions would serve to reduce the overall costs of new such bulk power supply, each for itself and for the other party(ies) to the transactions and would serve to coordinate the planning of new generation, transmission, and related facilities by both Entergy Gulf States Louisiana, LLC and the other entity. This provision shall not be construed to require Entergy Gulf States Louisiana, LLC to purchase or sell bulk power if it finds such purchase or sale infeasible or its costs in connection with such purchase or sale would exceed its benefits therefrom.

(9) Entergy Gulf States Louisiana, LLC and any successor in title, shall offer an opportunity to participate in River Bend Station, Unit 1 for the term of the instant license, or any extensions or renewals thereof, or such term as Entergy Gulf States Louisiana, LLC and the participant(s) may mutually agree upon, to any entity(ies) in or within reasonable proximity to Entergy Gulf States Louisiana, LLCs service area in the State of Louisiana which has in writing requested participation therein prior to March 1, 1974, and which no later than March 31, 1975 has entered into an executory contract with respect to such participation, having taken all necessary action for it to lawfully do so prior to so doing, to a fair and reasonable extent and on reasonable terms and conditions and on a basis that fully compensate Entergy Gulf States Louisiana, LLC for its costs incurred and to be incurred and that will not adversely affect the financing and constructing of this nuclear unit. Entergy Gulf States Louisiana, LLC shall similarly offer an opportunity to participate in any additional nuclear generating unit(s) the power from which is intended for use in Entergy Gulf States Louisiana, LLCs general system operations, which Entergy Gulf States Louisiana, LLC may construct, own, and operate in Louisiana during the terms of the instant license(s), or any extension(s) or renewal(s), thereof.

Participation shall be either by ownership of or purchase of unit participation power from the respective nuclear units.

Participation in any form shall be on an equitable basis whereby the participants, in proportion to their interests, share fully in all costs and risks of the respective nuclear units. In connection with such participation, Entergy Gulf States Louisiana, LLC will offer transmission service as may be required for delivery of such power to such participants(s) on a basis that will fully compensate Entergy Gulf States Louisiana, LLC for its costs.

(10) Entergy Gulf States Louisiana, LLC shall facilitate the exchange of bulk power by transmission over its transmission facilities between two or more entities engaging in bulk power supply in its service area in Louisiana with which it is interconnected; and between any such entity(ies) and any entity(ies) engaging in bulk power supply outside Entergy Gulf States Louisiana, LLCs service area in Louisiana between whose facilities Entergy Gulf States Louisiana, LLCs transmission lines and other transmission lines would form Amendment No. 88,

a continuous electrical path; provided that (i) permission to utilize such other transmission lines has been obtained by the entities involved; (ii) Entergy Gulf States Louisiana, LLC has appropriate agreements for transmission service with the entities interconnected with Entergy Gulf States Louisiana, LLC at both the receiving and delivery points on Entergy Gulf States Louisiana, LLCs system; and (iii) the arrangements reasonably can be accommodated from a functional and technical standpoint. Such transmission shall be on terms that fully compensate Entergy Gulf States Louisiana, LLC for its cost. Any entity(ies) requesting such transmission arrangements shall give reasonable advance notice of its (their) schedule and requirements. (The foregoing applies to any entity(ies) engaging in bulk power supply to which Entergy Gulf States Louisiana, LLC may be interconnected in the future as well as those to which it is now interconnected.)

(11) Entergy Gulf States Louisiana, LLC shall include in its planning and construction program sufficient transmission capacity as required for the transactions referred to in paragraph (10); provided, that any entity(ies) in its service area in Louisiana gives Entergy Gulf States Louisiana, LLC sufficient advance notice as may be necessary to accommodate its (their) requirements from a functional and technical standpoint and that such entity(ies) fully compensate Entergy Gulf States Louisiana, LLC for its cost. Entergy Gulf States Louisiana, LLC shall not be required to construct transmission facilities which will be of no demonstrable present or future benefit to Entergy Gulf States Louisiana, LLC.

(12) Entergy Gulf States Louisiana, LLC will sell power (when available) for resale to any entity(ies) in its service area in Louisiana now engaging in or proposing in good faith to engage in retail distribution of electric power, whenever power to meet the needs of such entity(ies) is not available form alternate sources at competitive costs.

(13) The foregoing conditions shall be in all respects implemented on reasonable terms and conditions in a manner consistent with the provisions of the Federal Power Act and other applicable Federal and State laws and regulatory orders, and shall be subject to force majeure, applicable curtailment programs, and engineering and technical feasibility for Entergy Gulf States Louisiana, LLCs system. None of the foregoing conditions shall require Entergy Gulf States Louisiana, LLC to sell power, perform any service, or engage in any course of action on a basis which would be unlawfully preferential or discriminatory under any applicable law or that would impair Entergy Gulf States Louisiana, LLCs ability to render adequate and reliable service to its own customers. All rates, charges or practices in connection therewith are to be subject to the approval of regulatory agencies having jurisdiction over them.

Amendment No. 88,