ML13204A123

Issuance of Amendment to Change Licensee Name on the Operating License

ML13204A123
Person / Time
Site:	Fermi
Issue date:	08/08/2013
From:	Tanya Smith NRC/FSME/DWMEP/DURLD/RDB
To:	Plona J Detroit Edison, Co
Smith T
Shared Package
ML13204A192	List: ML13204A123
References
Download: ML13204A123 (8)

Text

August 8, 2013

Mr. Joseph H. Plona

Senior Vice President and Chief Nuclear Officer

Detroit Edison Company

6400 North Dixie Highway

Newport, MI 48166

SUBJECT:

FERMI 1 - ISSUANCE OF AMENDMENT TO CHANGE LICENSEE NAME ON THE OPERATING LICENSE

Dear Mr. Plona:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 21 to

Facility Operating License No. DPR-9 for the Fermi 1 facility. The amendment consists of

changes to the license in response to your application dated December 21, 2012.

The amendment revises the Fermi 1 license to change the licensee's name on the license to

"DTE Electric Company." This name change is purely administrative in nature. Detroit Edison is a wholly owned subsidiary of DTE Energy Com pany, and this name change is part of a set of name changes of DTE Energy subsidiaries to conf orm their names to the "DTE" brand name.

No other changes are contained within this amendment. This change does not involve a

transfer of control over or of an interest in the license for Fermi 1.

A copy of our safety evaluation is also enclosed. The Notice of Issuance will be included in the

Commission's biweekly Federal Register notice.

Sincerely,

/RA/ Theodore B. Smith, Project Manager

Reactor Decommissioning Branch

Division of Waste Management

and Environmental Protection Office of Federal and State Materials and Environmental Management Programs

Docket No. 50-16

Enclosures:

1. Amendment No. 21 to DPR-9

2. Safety Evaluation

cc w/encls: Distribution FERMI distribution list Mr. Joseph H. Plona Senior Vice President and Chief Nuclear Officer

Detroit Edison Company

6400 North Dixie Highway

Newport, MI 48166

SUBJECT:

FERMI 1 - ISSUANCE OF AMENDMENT TO CHANGE LICENSEE NAME ON THE OPERATING LICENSE

Dear Mr. Plona:

The U.S. Nuclear Regulatory Commission has issued the enclosed Amendment No. 21 to

Facility Operating License No. DPR-9 for the Fermi 1 facility. The amendment consists of

changes to the license in response to your application dated December 21, 2012.

The amendment revises the Fermi 1 license to change the licensee's name on the license to

"DTE Electric Company." This name change is purely administrative in nature. Detroit Edison is a wholly owned subsidiary of DTE Energy Com pany, and this name change is part of a set of name changes of DTE Energy subsidiaries to conf orm their names to the "DTE" brand name.

No other changes are contained within this amendment. This change does not involve a

transfer of control over or of an interest in the license for Fermi 1.

A copy of our safety evaluation is also enclosed. The Notice of Issuance will be included in the

Commission's biweekly Federal Register notice.

Sincerely, Theodore B. Smith, Project Manager

Reactor Decommissioning Branch

Division of Waste Management

and Environmental Protection Office of Federal and State Materials and Environmental Management Programs

Docket No. 50-16

Enclosures:

1. Amendment No. 21 to DPR-9

2. Safety Evaluation

cc w/encls: Distribution FERMI distribution list

DISTRIBUTION: ROrlikowski, RIII ML13204A092 OFFICE DWMEP DWMEP OGC (via email)

DWMEP DURLD DWMEP NAME TSmith SAchten HBenowitz BWatson APersinko TSmith DATE 07/24 /3 07/26/13 08/5/13 08/6/13 08/8/13 08/8/13 Enclosure 1 OFFICIAL RECORD COPY Fermi Power Plant Service List

Mr. Joseph H. Plona

Assistant Vice President

Nuclear Generation

Detroit Edison Company

6400 North Dixie Highway

Newport, MI 48166

Ms. Lynne Goodman

Manager - Fermi1

Detroit Edison Company

6400 North Dixie Highway

Newport, MI 48166

Mr. Richard Whale

Michigan Public Service Commission

6545 Mercantile Way

PO Box 30221

Lansing, MI 48909

John Flynn Esq.

Senior Attorney

Detroit Edison Company

2000 Second Avenue

Detroit, MI 48226

Radiological Protection Section

Michigan Department of

Environmental Quality

PO Box 30241

Lansing, MI 48909-1278

U.S. Nuclear Regulatory Commission

Resident Inspector's Office

6450 W. Dixie Highway

Newport, MI 48166

Monroe County Office of Civil

Preparedness

963 South Raisinville

Monroe, MI 48161

Flint Watt, P.E., Chief

Bureau of Environmental and

Occupational Health

Michigan Department of Public Health

3423 N Logan Street

PO Box 30195

Lansing, MI 48909

Christine Lipa, Chief

Decommissioning Branch

Division of Nuclear Material Safety

U.S. NRC/Region III

DETROIT EDISON COMPANY DOCKET NO. 50-15 FERMI 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.

21 License No. DPR-9

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

A. The application for amendment by the De troit Edison Company (DECo, the licensee) dated December 21, 2012, complies with the standards and

requirements of the Atomic Energy Ac t of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment 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; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes to Facility Operating License No. DPR-9 as indicated in the attachment to this license amendment.

3. This license amendment is effective as of its date of issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/ Andrew Persinko, Deputy Director

Decommissioning and Uranium Recovery Licensing Directorate

Division of Waste Management

and Environmental Protection

Office of Federal and State Materials and Environmental Management Programs

Attachment:

Technical Specifications Enclosure 1 Date of Issuance: August 8, 2013 Attachment 1

ATTACHMENT TO LICENSE AMENDMENT NO. 21 FACILITY OPERATING LICENSE NO. DPR-9 DOCKET NO. 50-16

Replace the following pages of the Facility License DPR-9 with the attached revised pages.

The revised pages are identified by amendment number and contain marginal lines indicating

the areas of change.

REMOVE INSERT

Pages 1 through 2 Pages 1 through 2 Pages 4 through 5 Pages 4 through 5

Enclosure 2 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 21 TO FACILITY OPERATING LICENSE NO. DPR-9 DETROIT EDISON (DTE ELECTRIC) COMPANY FERMI 1 DOCKET NO. 50-16

1.0 INTRODUCTION

By application dated December 21, 2012 (A gencywide Documents Access and Management System (ADAMS) Accession No. ML13002A037), Detroit Edison Company (the licensee), requested changes to the operating license for Fermi 1. The proposed changes would revise

the Fermi 1 license to change the name from "Detr oit Edison" to "DTE Electric Company." The name change is purely administrative in nature.

Detroit Edison is a wholly owned subsidiary of DTE Energy Company. This name change is part of a set of name changes of DTE Energy Subsidiaries to conform their names to the "DTE" brand name. This amendment does not

involve a transfer of control over or of an interest in the license for Fermi 1.

2.0 REGULATORY EVALUATION

In accordance with Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80, "Transfer of Licenses," no license or contr ol of a license for a utilization facility may be transferred, directly or indirectly, to any entity unless the NRC consents in writing. However, licensee name changes do not, by themselves, constitute license transfers. The proposed amendment is purely a name change and does not involv e the transfer of any control over the Fermi 1 license to another entity.

Standard NRC guidance on this subject is contained in "Standard Review Plan on Power

Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance,"

NUREG-1577, Revision 1, which states, "NRC regulations in 10 CFR 50.80 require Commission

review of and written consent to direct as well as indirect transfers of operating licenses, including licenses for nuclear power plants owned or operated by electric utilities. When the

transfer involves a change in the licensee listed on the NRC license, the applicant must also

apply for a license amendment under Section 50.90." It further states, "A name change of a

licensee that does not involve license transfer considerations under Section 50.80 will be

effected by a license amendment iss ued administratively under Section 50.90."

3.0 TECHNICAL EVALUATION

In the application, the licensee states:

On December 21, 2012, the Board of Directors of the Detroit Edison Company

approved a change in the name of the cor poration from the "The Detroit Edison Company" to "DTE Electric Company" to take effect as of January 1, 2013. DTE

Energy, the parent company and s ole shareholder, approved the name change simultaneously therewith. Upon approv al of the name change, Detroit Edison filed the amendment of the Articles of Incorporation with the Bureau of

Commercial Services at the Michigan Department of Licensing and Regulatory

Affairs, in order to conduct business under the new name. The name change is

expected to be effective January 1, 2013. The corporate name is being changed

to make the name of Detroit Edison, like those of other DTE Energy subsidiaries, more consistent with the "DTE" name branding of the parent company.

It further states:

There will be no ownership or management changes as a result of the name

change. The proposed change does not affect the technical or financial

qualifications of Detroit Edison, or alter any technical content of the Fermi 1

Operating License or any technical content of the Fermi 1 Technical

Specifications requirements; nor does it have any programmatic effect on the

Detroit Edison Operational Quality Assurance Program for Fermi 1. The change

will have no impact on the design, function or operation of any plant structure, system or component, either te chnically or administratively.

In view of the preceding statements, the NRC staff believes that the proposed

amendments are administrative in nature and no substantive changes to the licensee's arrangements or ability to own or decommission Fermi 1 will result from amending the

licenses to reflect the name change. No transfer of the license is being proposed in the

application. The NRC staff therefore concludes that the amendment to the operating

license to reflect the corporate name change of the licensee, from "Detroit Edison

Company" to "DTE Electric Company," is acceptable.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Michigan State official was notified of the

proposed issuance of the amendment. The State official had no comments.

5.0 ENVIRONMENTAL CONSIDERATION

The staff has determined that the amendment inv olves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that

there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a propos ed finding that the amendment involves no significant hazards consideration and there has been no public comment on such finding

(78 FR 16879; dated March 19, 2013). Accor dingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10)(iii). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environm ental assessment need be prepared in connection with the issuance of the amendment.

6.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) there

is reasonable assurance that the health and safety of the public will not be endangered by

operation in the proposed manner, (2) there is reasonable assurance that such activities will be

conducted in compliance with the Commission's regulations, and (3) the issuance of the

amendment will not be inimical to the common defens e and security or to the health and safety of the public.

Principal Contributor: T. Smith

Date of issuance: August 8, 2013