ML073060003

Clarifications Order Approving Transfer of Facility Operating License No. NPF-47 and Conforming Amendment (Tac MD5671)

ML073060003
Person / Time
Site:	River Bend  (NPF-047)
Issue date:	11/23/2007
From:	Bhalchandra Vaidya NRC/NRR/ADRO/DORL/LPLIV
To:	Kansler M Entergy Operations
Vaidya, Balchandra
Shared Package
ML073050390	List: ML073060003 ML073060006
References
TAC MD5671
Download: ML073060003 (10)

Text

November 23, 2007 Mr. Michael R. Kansler President and Chief Executive Officer, Nuclear Operations/Chief Nuclear Officer Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995

SUBJECT:

RIVER BEND STATION, UNIT 1 - CLARIFICATIONS RE: ORDER APPROVING TRANSFER OF FACILITY OPERATING LICENSE NO. NPF-47 AND CONFORMING AMENDMENT (TAC NO. MD5671)

Dear Mr. Kansler:

On October 26, 2007, the U.S. Nuclear Regulatory Commission (NRC) issued an Order approving the transfer of Renewed Facility Operating License No. NPF-47 for the River Bend Station, Unit 1 (RBS), to the extent currently held by Entergy Gulf States, Inc. (EGS) as owner of RBS, to a new Louisiana limited liability company, Entergy Gulf States Louisiana, LLC (EGS-LA), and approval of a conforming amendment. The transfer is associated with the planned restructuring of EGS. Entergy Operations, Inc., currently the licensed operator of RBS, will continue to operate RBS and hold the operating authority under the license. The NRC staffs findings in this Order were supported by its safety evaluation (SE) dated October 26, 2007.

The NRC has noted an editorial error in Enclosure 1 (the Order) of the letter dated October 26, 2007. To ensure clarity, an editorial change on Page 3 of the Order is necessary. In Condition (2), Prior to completion of the transfer of ownership of and the transfer for RBS,... is revised to Prior to completion of the transfer of ownership of and the license for RBS,.... The revised Page 3 of the Order is included as Enclosure 1 to this letter. It is noted that Section 4.6 of the SE reflected the correct verbiage.

Additionally, in Enclosure 2 (license amendments) of the letter dated October 26, 2007, Page 1 of the Facility Operating License, Appendix C, did not reflect the name of new owner, Entergy Gulf States Louisiana, LLC, in the lead paragraph. The revised Page 1 of the Facility Operating License, Appendix C, is included as Enclosure 2 to this letter.

M. R. Kansler These revisions do not affect the findings of the NRC staffs Order approving the Transfer of Facility Operating License No. NPF-47 and Conforming Amendment, dated October 26, 2007, but merely provide clarification. We apologize the inconvenience this may have caused.

Please contact me at 301-415-3308, if you have any questions.

Sincerely,

/RA by Jack Donohew for/

Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-458

Enclosures:

1. Revised Page 3 of the Order

2. Revised Page 1 of the Facility Operating License, Appendix C cc w/encls: See next page

Pkg ML073050390, Letter and Corrected Page 3 of the Order ML073060003... NRR-058 Corrected Page 1 of Appendix C ML073060006

• No Legal Objection ADM-012 OFFICE NRR/LPL4/PM NRR/LPL4/LA OGC

• w/No chgs.

NRR/LPL4/BC NAME BVaidya:sp JBurkhardt SUttal JNDonohew for THiltz DATE 11/2/07 11/2/07 11/7/07 11/23/07

September 2007 River Bend Station cc:

Senior Vice President Entergy Nuclear Operations P.O. Box 31995 Jackson, MS 39286-1995 Senior Vice President and COO Entergy Operations, Inc.

P.O. Box 31995 Jackson, MS 39286-1995 Vice President, Operations Support Entergy Operations, Inc.

P.O. Box 31995 Jackson, MS 39286-1995 General Manager, Plant Operations Entergy Operations, Inc.

River Bend Station 5485 U.S. Highway 61N St. Francisville, LA 70775 Director, Nuclear Safety & Licensing Entergy Services, Inc.

440 Hamilton Avenue White Plains, NY 10601 Director, Nuclear Safety Assurance Entergy Operations, Inc.

River Bend Station 5485 U.S. Highway 61N St. Francisville, LA 70775 Senior Manager, Nuclear Safety &

Licensing Entergy Services, Inc.

P.O. Box 31995 Jackson, MS 39286-1995 Manager, Licensing Entergy Operations, Inc.

River Bend Station 5485 U.S. Highway 61N St. Francisville, LA 70775 Louisiana Department of Environmental Quality Radiological Emergency Planning and Response Division P.O. Box 4312 Baton Rouge, LA 70821-4312 Louisiana Department of Environmental Quality Office of Environmental Compliance P.O. Box 4312 Baton Rouge, LA 70821-4312 Attorney General State of Louisiana P.O. Box 94095 Baton Rouge, LA 70804-9095 President of West Feliciana Police Jury P.O. Box 1921 St. Francisville, LA 70775 Mr. Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, Texas 78701-3326 Mr. Jim Calloway Public Utility Commission of Texas 1701 N. Congress Avenue Austin, TX 78711-3326 Ms. H. Anne Plettinger 3456 Villa Rose Drive Baton Rouge, LA 70806 Mr. Richard Penrod, Senior Environmental Scientist/State Liaison Officer Office of Environmental Services Northwestern State University Russell Hall, Room 201 Natchitoches, LA 71497

September 2007 River Bend Station cc:

Senior Resident Inspector P.O. Box 1050 St. Francisville, LA 70775 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Mr. Joseph E. Venable Site Vice President Entergy Operations, Inc.

River Bend Station 5485 U.S. Highway 61N St. Francisville, LA 70775

ENCLOSURE 1 CORRECTED PAGE 3 FOR ORDER APPROVING TRANSFER OF LICENSE AND CONFORMING AMENDMENT

issuance of the proposed license amendment will not be inimical to the common defense and security or the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.

The findings set forth above are supported by a safety evaluation dated October 26, 2007.

III.

Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2201(b), 2201(I), and 2234, and 10 CFR 50.80, IT IS HEREBY ORDERED that the transfer of the license to EGS-LA, as described herein is approved, subject to the following conditions:

(1)

At the time of the closing of the transfer of ownership of and the license for RBS from EGS to EGS-LA, the RBS decommissioning trust agreement(s) shall be amended to reflect EGS-LA as the owner of all the decommissioning trust funds accumulated as of the date of the closing.

(2)

Prior to completion of the transfer of ownership of and the license for RBS, EGS-LA shall provide the Director of the Office of Nuclear Reactor Regulation satisfactory documentary evidence that it has obtained the appropriate amount of insurance required of licensees under 10 CFR Part 140 of the Commissions regulations.

IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), a license amendment that makes changes, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the license to reflect the subject license transfer, is approved. The

ENCLOSURE 2 CORRECTED PAGE FOR APPENDIX C, PAGE 1 FOR CONFORMING AMENDMENT