ML20230A369

Status of the NRC Staff'S Review of Nuclear Development, LLC Application for Order Approving Construction Permit Transfers and Conforming Administrative Construction Permit Amendments and Construction Permit Extension Requests (EPID No. L-2

ML20230A369
Person / Time
Site:	Bellefonte
Issue date:	08/31/2020
From:	Tabatabai-Yazdi O NRC/NRR/DNRL/NRLB
To:	Mccollum W Nuclear Development
Tabatabai-Yazdi O
References
EPID L-2018-LLM-0155
Download: ML20230A369 (3)

Text

August 31, 2020 Mr. William R. McCollum, Jr.

Chief Executive Officer and Chief Nuclear Officer Nuclear Development, LLC 3 Bethesda Metro Center, Suite 515 Bethesda, MD 20814

SUBJECT:

STATUS OF THE NUCLEAR REGULATORY COMMISSION STAFFS REVIEW OF NUCLEAR DEVELOPMENT, LLC APPLICATION FOR ORDER APPROVING CONSTRUCTION PERMIT TRANSFERS AND CONFORMING ADMINISTRATIVE CONSTRUCTION PERMIT AMENDMENTS AND CONSTRUCTION PERMIT EXTENSION REQUESTS (EPID NO. L-2018-LLM-0155)

Dear Mr. McCollum:

By letter dated November 13, 2018 (Agencywide Documents Access and Management System Accession No. ML18318A428), Nuclear Development, LLC (ND) submitted an application requesting that the U.S. Nuclear Regulatory Commission (NRC) consent to the transfer of Construction Permits (CP) CPPR-122 and CPPR-123 for the Bellefonte Nuclear Plant, Units 1 and 2 from the Tennessee Valley Authority (TVA) to ND. These CPs are currently in deferred status under the Commission Policy Statement on Deferred Plants. 52 Fed. Reg. 38077 (October 14, 1987). On November 5, 2019, the NRC staff accepted and docketed NDs application for detailed review (ADAMS Accession No. ML19298A194). In its application, ND also requested an extension of the construction permit completion dates for both Units 1 and 2. The purpose of this letter is to provide ND with an update regarding the status of the NRC staffs review of NDs requests and the remaining information that the staff needs to complete the licensing actions associated with NDs application.

In its response to the staffs request for supplemental information (RSI), dated August 28, 2019 (ADAMS Accession No. ML19240A382), ND stated that, ND recognizes that NRC may not grant consent to transfer the Construction Permits to it prior to demonstration of ND's right to possession of the site. However, consistent with NRC precedent, and because it expects ultimately to prevail, ND respectfully requests that the NRC accept the transfer application and proceed with the other portions of its review pending resolution of the case. The NRC staff is on track to complete its review of the information provided to-date by the end of September 2020. However, as noted in the staffs RSI, Part 4, dated, April 5, 2019 (ADAMS Accession No. ML18348B138), the regulation in 10 CFR 50.80(b)(2), states in part, The Commission may require any person who submits an application for license pursuant to the provisions of this section to file a written consent from the existing licensee or a certified copy of an order or judgment of a court of competent jurisdiction attesting to the person's right (subject to the licensing requirements of the Act and these regulations) to possession of the facility or site involved.

W. McCollum To date, the NRC staff has not received the requested information (written consent from TVA or a court order) demonstrating ND's right to possession of the Bellefonte site. As such, the NRC staff is unable to complete its review of the requested licensing actions in the application until ND provides the staff with the required information to demonstrate compliance with the requirement in 10 CFR 50.80(b)(2).

Please contact me if you have questions regarding this letter at (301) 415-6616 or Omid.Tabatabai@nrc.gov.

Sincerely,

/RA/

Omid Tabatabai, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket Nos.: 50-438 and 50-439 cc: Distribution via Listserv

ML20230A369 *via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NRLB: LA NRR/DNRL/NRLB: BC NAME OTabatabai* SGreen* MDudek*

DATE 08/17/2020 08/17/2020 08/31/2020 OFFICE OGC NRR/DNRL: D NAME AGhosh-Naber* ABradford*

DATE 8/20/2020 08/31/2020