ML072760152

Licensing Pages for Conforming License Amendment Nos. 139 and 139 Indirect Transfer of Ownership Interest and Operating Authority

ML072760152
Person / Time
Site:	Comanche Peak
Issue date:	10/09/2007
From:	NRC/NRR/ADRO/DORL/LPLIV
To:
Thadani, M C, NRR/DORL/LPL4, 415-1476
Shared Package
ML072220196	List: ML072760031 ML072760152
References
TAC MD6892, TAC MD6893
Download: ML072760152 (18)

Text

LUMINANT GENERATION COMPANY LLC l DOCKET NO. 50-445 COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 1 FACILITY OPERATING LICENSE License No. NPF-87

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

A. The application for a license filed by Luminant Generation Company LLC* l (licensee), complies with the standards and requirements cf the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 Comanche Peak Steam Electric Station, Unit No. 1 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-126 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 (except as exempted from compliance in Section 2.D below);

D. There is reasonable assurance: (i) 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 Commission's regulations set forth in 10 CFR Chapter I, except as exempted from compliance in Section 2.D below;

____________________ l

• Luminant Generation Company LLC, was previously named as TXU Generation Company LP. l The legal name was changed in connection with the indirect license transfer application dated l April 18, 2007, as supplemented July 20, 2007 and October 2, 2007. l Amendment No. 69, 89, 90 139

E. Luminant Generation Company LLC is technically qualified to engage in the l activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter l; F. The licensee has satisfied the applicable provisions of 10 CFR 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's 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-87 subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 of the Commission's 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 Commission's regulations in 10 CFR Parts 30, 40, and 70, except that an exemption to the provisions of 70.24 is granted as described in paragraph 2.D below.

2. Based on the foregoing findings regarding this facility, Facility Operating License No. NPF-87 is hereby issued to the licensee, to read as follows:

A. This license applies to the Comanche Peak Steam Electric Station, Unit No. 1, a pressurized-water nuclear reactor and associated equipment (the facility), owned by the licensee. The facility is located on Squaw Creek Reservoir in Somervell County, Texas about 5 miles north-northwest of Glen Rose, Texas, and about 40 miles southwest of Fort Worth in north-central Texas and is described in the licensee's Final Safety Analysis Report, as supplemented and amended, and the licensee's Environmental Report, as supplemented and amended.

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

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50, "Domestic Licensing and Production and Utilization Facilities," Luminant Generation l Company LLC to possess, use, and operate the facility at the designated l location in Somervell County, Texas in accordance with the procedures and limitations set forth in this license; (2) NOT USED Amendment No. 68, 89, 90 139

(3) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part l 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) Luminant Generation Company LLC, pursuant to the Act and 10 CFR l 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) Luminant Generation Company LLC, pursuant to the Act and 10 CFR l Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and 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) Luminant Generation Company LLC, pursuant to the Act and 10 CFR l 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 Commissions regulations set forth in 10 CFR Chapter I 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 Luminant Generation Company LLC is authorized to operate the facility at l reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 139 and the Environmental Protection Plan contained in l Appendix B, are hereby incorporated into this license. Luminant Generation l Company LLC shall operate the facility in accordance with the Technical l Specifications and the Environmental Protection Plan.

Amendment No. 139

(3) Antitrust Conditions DELETED (4) License Transfer The Luminant Generation Company LLC Decommissioning Master Trust l Agreement for the facility at the time the license transfers are effected and thereafter, is subject to the following:

(a) DELETED (b) DELETED (c) The appropriate section of the decommissioning trust agreement must state that investments made in trust by the trustee, investment advisor, or anyone else directing the investments made in the trusts shall adhere to investment guidelines established by the PUCT (e.g., 16 Texas Administration Code 25.301);

(d) DELETED (e) DELETED Amendment No. 68, 90, 94, 103 139

(5) License Transfer Luminant Generation Company LLC shall provide decommissioning l funding assurance, to be held in a decommissioning trust for the facility upon the direct transfer of the facility license to Luminant Generation l Company LLC, in an amount equal to or greater than the balance in the l facility decommissioning trusts immediately prior to the transfer. In addition, Luminant Generation Company LLC shall ensure that all l contractual arrangements referred to in the application for approval of the transfer of the facility license to Luminant Generation Company LLC, to l obtain necessary decommissioning funds for the facility through a non-bypassable charge are executed and will be maintained until the decommissioning trusts are fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commission's regulations are maintained.

(6) License Transfer DELETED (7) License Transfer Luminant Generation Company LLC and its subsidiaries agree to provide l the Director, 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 Luminant Generation Company LLC or its l subsidiaries to its proposed parent, or to any other affiliated company, facilities for the production of electric energy having a depreciated book value exceeding ten percent (10%) of such licensee's consolidated net utility plant, as recorded on Luminant Generation Company LLC's book of l accounts.

(8) Mitigation Strategy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel Amendment No. 68, 90, 103 139 Revised by letter dated July 26, 2007

(b) Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders (9) License Transfer l l

Luminant Generation Company LLC shall enter into the $250 million l support agreement with Luminant Investment Company LLC, as l described in the July 20, 2007 supplement to the April 18, 2007 indirect l license transfer application, no later than the time the proposed l transactions and indirect license transfers occur. Luminant Generation l Company LLC shall take no action to cause Luminant Investment l Company LLC, or its successors and assigns, to void, cancel, or modify l the support agreement or cause it to fail to perform, or impair its l performance under the support agreement, without the prior written l consent of the NRC. The support agreement may not be amended or l modified without 30 days prior written notice to the Director of the Office l of Nuclear Reactor Regulation or his designee. An executed copy of the l support agreement shall be submitted to the NRC no later than 30 days l after the completion of the proposed transactions and the indirect license l transfers. Luminant Generation Company LLC shall inform the NRC in l writing anytime it draws upon the support agreement. l l

Following the subject indirect transfer of control of the licenses, all of the l officers of the general partner or controlling member of the licensee of l CPSES shall be U.S. citizens. This condition may be amended upon l application by the licensee and approval by the Director of the Office of l Nuclear Reactor Regulation. l D. The following exemptions are authorized by law and will not endanger life or property or the common defense and security. Certain special circumstances are present and these exemptions are otherwise in the public interest. Therefore, these exemptions are hereby granted pursuant to 10 CFR 50.12.

(1) The facility requires a technical exemption from the requirements of 10 CFR Part 50, Appendix J, Section Ill.D.2(b)(ii). The justification for this exemption is contained in Section 6.2.5 of Supplement 22 to the Safety Evaluation Report dated January 1990. The staff's environmental assessment was published on November 14, 1989 (54 FR 47430).

Amendment No. 68, 90, 103 139 Revised by letter dated July 26, 2007

l Therefore, pursuant to 10 CFR 50.12(a)(1), and 10 CFR 50.1 2(a)(2)(ii) and (iii), the Comanche Peak Steam Electric Station, Unit 1 is hereby granted an exemption from the cited requirement and instead, is required to perform the overall air lock leak test at pressure Pa prior to establishing containment integrity if air lock maintenance has been performed that could affect the air lock sealing capability.

(2) The facility was previously granted an exemption from the criticality monitoring requirements of 10 CFR 70.24 (see Materials License No. SNM-1912 dated December 1, 1988 and Section 9.1.1 of Supplement 22 to the Safety Evaluation Report dated January 1990). The staff's environmental assessment was published on November 14, 1989 (54 FR 47432). The Comanche Peak Steam Electric Station, Unit 1 is hereby exempted from the criticality monitoring provisions of 10 CFR 70.24 as applied to fuel assemblies held under this license.

(3) The facility requires a temporary exemption from the schedular requirements of 10 CFR 50.33(k) and 10 CFR 50.75. The justification for this exemption is contained in Section 20.6 of Supplement 22 to the Safety Evaluation Report dated January 1990. The staffs environmental assessment was published on November 14, 1989 (54 FR 47431).

Therefore, pursuant to 10 CFR 50.12(a)(1), 50.12(a)(2)(iii) and 50.12(a)(2)(v), the Comanche Peak Steam Electric Station, Unit 1 is hereby granted a temporary exemption from the schedular requirements of 10 CFR 50.33(k) and 10 CFR 50.75 and is required to submit a decommissioning funding report for Comanche Peak Steam Electric Station, Unit 1 on or before July 26, 1990.

E. DELETED F. In order to ensure that Luminant Generation Company LLC will exercise the l authority as the surface landowner in a timely manner and that the requirements of 10 CFR Part 100.3 (a) are satisfied, this license is subject to the additional conditions specified below: (Section 2.1.1, SER)

(1) For that portion of the exclusion area which is within 2250 ft of any seismic Category I building or within 2800 ft of either reactor containment building, Luminant Generation Company LLC must prohibit the exploration l and/or exercise of subsurface mineral rights, and if the subsurface mineral rights owners attempt to exercise their rights within this area, Luminant Generation Company LLC must immediately institute l immediately effective condemnation proceedings to obtain the mineral rights in this area.

(2) For the unowned subsurface mineral rights within the exclusion area not covered in item (1), Luminant Generation Company LLC will prohibit the l exploration and/or exercise of mineral rights until and unless the licensee and the owners of the mineral rights enter into an agreement which gives Luminant Generation Company LLC absolute authority to determine all l activities -- including times of arrival and locations of personnel and the authority to remove personnel and equipment -- in event of emergency.

If the mineral rights owners attempt to exercise their rights within this area without first entering into such an agreement, Luminant Generation l Company LLC must institute immediately effective condemnation l proceedings to obtain the mineral rights in this area.

Amendment No. 68, 82, 90, 103 139 Revised by letter dated July 26, 2007

l (3) Luminant Generation Company LLC shall promptly notify the NRC of any l attempts by subsurface mineral rights owners to exercise mineral rights, including any legal proceeding initiated by mineral rights owners against Luminant Generation Company LLC. l G. Luminant Generation Company LLC shall implement and maintain in effect all l provisions of the approved fire protection program as described in the Final Safety Analysis Report through Amendment 78 and as approved in the SER (NUREG-0797) and its supplements through SSER 24, subject to the following provision:

Luminant Generation Company LLC may make changes to the approved fire l protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

H. Luminant Generation Company LLC shall fully implement and maintain in effect all l provisions of the physical security, guard training and qualification, and safeguards contingency plans, previously approved by the Commission, and all amendments made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain safeguards information protected under 10 CFR 73.21, are entitled: "Comanche Peak Steam Electric Station Physical Security Plan" with revisions submitted through May 15, 2006, with limited approvals as provided for in the Safety Evaluation by the Office of Nuclear Reactor Regulation dated December 5, 2000; "Comanche Peak Steam Electric Station Security Training and Qualification Plan" with revisions submitted through May 15, 2006; and "Comanche Peak Steam Electric Station Safeguards Contingency Plan" with revisions submitted through May 15, 2006.

I. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

J. NOT USED Amendment No. 68, 82, 90 139 Revised by letter dated March 15, 2007

l K. This license is effective as of the date of issuance and shall expire at Midnight on February 8, 2030.

FOR THE NUCLEAR REGULATORY COMMISSION original signed by:

Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments/Appendices:

1. Appendix A - Technical Specifications (NUREG-1399)

2. Appendix B - Environmental Protection Plan

3. Appendix C - Antitrust Conditions Date of Issuance: April 17, 1990 Amendment No. 68, 82, 90 139

APPENDIX B TO FACILITY OPERATING LICENSE NOS. NPF-87 & NPF-89 LUMINANT GENERATION COMPANY LLC l COMANCHE PEAK STEAM ELECTRIC STATION UNITS 1 & 2 DOCKET NOS. 50-445 & 50-446 ENVIRONMENTAL PROTECTION PLAN (NON RADIOLOGICAL)

Amendment No. 68, 90, 104 139

LUMINANT GENERATION COMPANY LLC l DOCKET NO. 50-446 COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO. 2 FACILITY OPERATING LICENSE License No. NPF-89

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

A. The application for a license filed by Luminant Generation Company LLC* l (licensee), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's 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 Comanche Peak Steam Electric Station, Unit No. 2 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-127 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 (except as exempted from compliance in Section 2.D below);

D. There is reasonable assurance: (i) 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 Commission's regulations set forth in 10 CFR Chapter I, except as exempted from compliance in Section 2.D. below; E. Luminant Generation Company LLC is technically qualified to engage in the l activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I;

____________________ l

• Luminant Generation Company LLC, was previously named as TXU Generation Company LP. l The legal name was changed in connection with the indirect license transfer application dated l April 18, 2007, as supplemented July 20, 2007 and October 2, 2007. l Amendment No. 68, 89, 90 139

F. The licensee has satisfied the applicable provisions of 10 CFR 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's 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-89 subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 of the Commission's 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 Commission's regulations in 10 CFR Parts 30, 40, and 70, except that an exemption to the provisions of 70.24 is granted as described in paragraph 2.D below.

2. Pursuant to approval by the Nuclear Regulatory Commission at a meeting on April 6, 1993, the License for Fuel Loading and Low Power Testing, License No. NPF-88, issued on February 2, 1993, is superseded by Facility Operating License No. NPF-89 hereby issued to the licensee, to read as follows:

A. This license applies to the Comanche Peak Steam Electric Station, Unit No. 2, a pressurized-water nuclear reactor and associated equipment (the facility), owned by the licensee. The facility is located on Squaw Creek Reservoir in Somervell County, Texas about 5 miles north-northwest of Glen Rose, Texas, and about 40 miles southwest of Fort Worth in north-central Texas and is described in the licensee's Final Safety Analysis Report, as supplemented and amended, and the licensee's Environmental Report, as supplemented and amended.

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

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50, "Domestic Licensing of Production and Utilization Facilities," Luminant Generation l Company LLC to possess, use, and operate the facility at the designated l location in Somervell County, Texas in accordance with the procedures and limitations set forth in this license; (2) NOT USED Amendment No. 68, 89, 90 139

(3) Luminant Generation Company LLC, pursuant to the Act and 10 CFR Part l 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) Luminant Generation Company LLC, pursuant to the Act and 10 CFR l 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) Luminant Generation Company LLC, pursuant to the Act and 10 CFR l Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source, and 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) Luminant Generation Company LLC, pursuant to the Act and 10 CFR l 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 Commissions regulations set forth in 10 CFR Chapter I 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 Luminant Generation Company LLC is authorized to operate the facility at l reactor core power levels not in excess of 3458 megawatts thermal in accordance with the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A as revised through Amendment No. 139 and the Environmental Protection Plan contained in l Appendix B, are hereby incorporated into this license. Luminant l Generation Company LLC shall operate the facility in accordance with the l Technical Specifications and the Environmental Protection Plan.

(3) Antitrust Conditions DELETED Amendment No. 139

(4) License Transfer The Luminant Generation Company LLC Decommissioning Master Trust l Agreement for the facility at the time the license transfers are effected and thereafter, is subject to the following:

(a) DELETED (b) DELETED (c) The appropriate section of the decommissioning trust agreement must state that investments made in trust by the trustee, investment advisor, or anyone else directing the investments made in the trusts shall adhere to investment guidelines established by the PUCT (e.g., 16 Texas Administration Code 25.301);

(d) DELETED (e) DELETED (5) License Transfer Luminant Generation Company LLC shall provide decommissioning l funding assurance, to be held in a decommissioning trust for the facility upon the direct transfer of the facility license to Luminant Generation l Company LLC, in an amount equal to or greater than the balance in the l facility decommissioning trusts immediately prior to the transfer. In addition, Luminant Generation Company LLC shall ensure that all l contractual arrangements referred to in the application for approval of the transfer of the facility license to Luminant Generation Company LLC, to l obtain necessary decommissioning funds for the facility through a Amendment No. 90, 103 139

non-bypassable charge are executed and will be maintained until the decommissioning trusts are fully funded, or shall ensure that other mechanisms that provide equivalent assurance of decommissioning funding in accordance with the Commission's regulations are maintained.

(6) License Transfer DELETED (7) License Transfer Luminant Generation Company LLC and its subsidiaries agree to provide l the Director, 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 Luminant Generation Company LLC or its l subsidiaries to its proposed parent, or to any other affiliated company, facilities for the production of electric energy having a depreciated book value exceeding ten percent (10%) of such licensee's consolidated net utility plant, as recorded on Luminant Generation Company LLC's book of l accounts.

(8) Mitigation Strategy License Condition The licensee shall develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel (b) Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders Amendment No. 68, 90, 103 139 Revised by letter dated July 26, 2007

l (9) License Transfer l l

Luminant Generation Company LLC shall enter into the $250 million l support agreement with Luminant Investment Company LLC, as l described in the July 20, 2007 supplement to the April 18, 2007 indirect l license transfer application, no later than the time the proposed l transactions and indirect license transfers occur. Luminant Generation l Company LLC shall take no action to cause Luminant Investment l Company LLC, or its successors and assigns, to void, cancel, or modify l the support agreement or cause it to fail to perform, or impair its l performance under the support agreement, without the prior written l consent of the NRC. The support agreement may not be amended or l modified without 30 days prior written notice to the Director of the Office of l Nuclear Reactor Regulation or his designee. An executed copy of the l support agreement shall be submitted to the NRC no later than 30 days l after the completion of the proposed transactions and the indirect license l transfers. Luminant Generation Company LLC shall inform the NRC in l writing anytime it draws upon the support agreement. l l

Following the subject indirect transfer of control of the licenses, all of the l officers of the general partner or controlling member of the licensee of l CPSES shall be U.S. citizens. This condition may be amended upon l application by the licensee and approval by the Director of the Office of l Nuclear Reactor Regulation. l D. The following exemptions are authorized by law and will not endanger life or property or the common defense and security. Certain special circumstances are present and these exemptions are otherwise in the public interest.

Therefore, these exemptions are hereby granted:

(1) The facility requires a technical exemption from the requirements of 10 CFR Part 50, Appendix J, Section IlI.D.2(b)(ii). The justification for this exemption is contained in Section 6.2.5.1 of Supplement 26 to the Safety Evaluation Report dated February 1993. The staff's environmental assessment was published on January 19, 1993 (58 FR 5036). Therefore, pursuant to 10 CFR 50.12(a)(1), 10 CFR 50.12(a)(2)(ii) and (iii), the Comanche Peak Steam Electric Station, Unit 2 is hereby granted an exemption from the cited requirement and instead, is required to perform the overall air lock leak test at pressure Pa prior to establishing containment integrity if air lock maintenance has been performed that could affect the air lock sealing capability.

The facility was previously granted exemption from the criticality Monitoring requirements of 10 CFR 70.24 (see Materials License No.

SNM-1986 dated April 24, 1989 and Section 9.1.1 of SSER 26 dated February 1993.) The staff's environmental assessment was published on January 19, 1993 (58 FR 5035). The Comanche Peak Steam Electric Station, Unit 2 is hereby exempted from the criticality monitoring provisions of 10 CFR 70.24 as applied to fuel assemblies held under this license.

Amendment No. 68, 90, 103 139

l E. DELETED F. In order to ensure that Luminant Generation Company LLC will exercise the l authority as the surface landowner in a timely manner and that the requirements of 10 CFR 100.3 (a) are satisfied, this license is subject to the additional conditions specified below: (Section 2.1, SER)

(1) For that portion of the exclusion area which is within 2250 ft of any seismic Category I building or within 2800 ft of either reactor containment building, Luminant Generation Company LLC must prohibit the exploration l and/or exercise of subsurface mineral rights, and if the subsurface mineral rights owners attempt to exercise their rights within this area, Luminant Generation Company LLC must immediately institute l immediately effective condemnation proceedings to obtain the mineral rights in this area.

(2) For the unowned subsurface mineral rights within the exclusion area not covered in item (1), Luminant Generation Company LLC will prohibit the l exploration and/or exercise of mineral rights until and unless the licensee and the owners of the mineral rights enter into an agreement which gives Luminant Generation Company LLC absolute authority to determine all l activities - including times of arrival and locations of personnel and the authority to remove personnel and equipment - in event of emergency. If the mineral rights owners attempt to exercise their rights within this area without first entering into such an agreement, Luminant Generation l Company LLC must immediately institute immediately effective l condemnation proceedings to obtain the mineral rights in this area.

(3) Luminant Generation Company LLC shall promptly notify the NRC of any l attempts by subsurface mineral rights owners to exercise mineral rights, including any legal proceeding initiated by mineral rights owners against Luminant Generation Company LLC. l G. Luminant Generation Company LLC shall implement and maintain in effect all l provisions of the approved fire protection program as described in the Final Safety Analysis Report through Amendment 87 and as approved in the SER (NUREG-0797) and its supplements through SSER 27, subject to the following provision:

Luminant Generation Company LLC may make changes to the approved l fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

Amendment No. 68, 82, 89, 90, 103 139

l H. Luminant Generation Company LLC shall fully implement and maintain in effect l all provisions of the physical security, guard training and qualification, and safeguards contingency plans, previously approved by the Commission, and all amendments made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain safeguards information protected under 10 CFR 73.21, are entitled: "Comanche Peak Steam Electric Station Physical Security Plan" with revisions submitted through May 15, 2006, with limited approvals as provided for in the Safety Evaluation by the Office of Nuclear Reactor Regulation dated December 5, 2000; "Comanche Peak Steam Electric Station Security Training and Qualification Plan" with revisions submitted through May 15, 2006; and "Comanche Peak Steam Electric Station Safeguards Contingency Plan" with revisions submitted through May 15, 2006.

I. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

J. NOT USED K. This license is effective as of the date of issuance and shall expire at Midnight on February 2, 2033.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by:

Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments/Appendices:

1. Appendix A - Technical Specifications (NUREG-1468)

1. Appendix B - Environmental Protection Plan

3. Appendix C - Antitrust Conditions Date of Issuance: April 6, 1993 Amendment No. 68, 82, 89, 90 139 Revised by letter dated July 26, 2007