NL-13-091, Supplement to Application for Section 161A Preemption Authority

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Supplement to Application for Section 161A Preemption Authority
ML13239A447
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 08/20/2013
From: Ventosa J A
Entergy Nuclear Northeast
To:
Document Control Desk, NRC/FSME, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
Shared Package
ML13239A468 List:
References
NL-13-091, EA-13-092
Download: ML13239A447 (23)
v • d • e


Text

a SEntergy Enteray Nuclear Northeast Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 10511-0249 Tel 914 254 6700 John A Ventosa Site Vice President Administration SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 August 20, 2013 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk 11545 Rockville Pike, TWFN-2 F1 Rockville, MD 20852-2738

SUBJECT:

Supplement to Entergy's Application for Section 161A Preemption Authority at Indian Point Energy Center Indian Point Unit Nos. 1, 2 and 3 Docket Nos. 50-03, 50-247, 50-286, and 72-51 License Nos. DPR-5, DPR-26 and DPR-64

REFERENCES:

(1) Entergy Letter to NRC, Application for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act, April 27, 2011 (2) EA-13-092, Order Designating an Interim Class of NRC-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended, issued on June 5, 2013 In Reference (1), Entergy Nuclear Operations, Inc. (Entergy) submitted an Application to the U.S.Nuclear Regulatory Commission (NRC) for the Commission to exercise Section 161A preemption authority under 42 U.S.C. 2201a to expressly permit the use by Entergy security personnel of the standard weapons described in the Application at the Indian Point Energy Center (IPEC). In Reference (2), the Commission designated IPEC within the class of facilities eligible to apply for and obtain Section 161A preemption authority and provided additional information about the required contents of an application for such authority.

Accordingly, Entergy is supplementing the information submitted in Reference (1), among other things, to ensure the Application fully conforms with the requirements set forth in Reference (2).SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment I is detached, the remainder of this letter may be made publicly available A(OD SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 Docket Nos.50-003, 50-247, 50-286, and 72-51 Page 2 of 3 Specifically, the NRC specified in Reference (2) that an application for Section 161A preemption authority must be submitted in accordance with the NRC's license amendment requirements contained in 10 CFR 50.90. Thus, in this supplement, Entergy requests amendments to the IPEC licenses to reflect the grant of Section 161A preemption authority from the Commission.

Attachment 1 to this transmittal provides the supplemental information to Reference (1).Attachment 1 contains security-related information and should be withheld from public disclosure per 10 CFR 2.390. Attachment 2 provides a description of the proposed changes and an evaluation of the proposed changes in accordance with 10 CFR 50.91 (a)(1), using criteria of 10 CFR 50.92(c), and has determined that the proposed changes involve no significant hazards considerations.

Attachment 3 contains the markup of the IPEC licenses.Attachment 4 contains the retyped IPEC licenses.Entergy requests the license amendments be effective as of the date of issuance.

As required by 10 CFR 50.91 (b), a copy of this request is being provided to the designated state official.There are no regulatory commitments in this submittal.

Should you have any questions or require additional information regarding the Application, please contact Mr. Robert Walpole, Licensing Manager at 914-254-6710.

I declare under penalty of perjury that the foregoing is true and correct. Executed on August 6._i_2013.

Sincerely, JAV/sp Attachments:

(1) Supplemental Information (Security-Related Information -Withhold Under 10 CFR 2.390)(2) Evaluation of the Proposed Change for No Significant Hazards Consideration (3) Annotated Pages of the Current IPEC Facility Operating Licenses (4) Re-Typed Pages of the IPEC Facility Operating Licenses cc: next page SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment I is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 Docket Nos.50-003, 50-247, 50-286, and 72-51 Page 3 of 3 cc: Mr. Douglas Pickett, Senior Project Manager, NRC NRR DORL Mr. Stephen Giebel, Project Manager, NRC NRR FSME Mr. William M. Dean, Regional Administrator, NRC Region 1 NRC Resident Inspector Ms. Margaret E. Stambaugh, Security and Incident Response, NRR Mr. Francis J. Murray, Jr., President and CEO, NYSERDA Ms. Bridget Frymire, New York State Dept. of Public Service SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 ATTACHMENT 2 TO NL-13-091 EVALUATION OF THE PROPOSED CHANGE FOR NO SIGNIFICANT HAZARDS CONSIDERATION ENTERGY NUCLEAR OPERATIONS, INC.INDIAN POINT NUCLEAR GENERATING UNIT NOs. 1, 2 and 3 DOCKET NOs.50-003, 50-247, 50-286, and 72-51 SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment 2 Page 1 of 4 Evaluation of Proposed Change for No Significant Hazards Consideration 1.0

SUMMARY

DESCRIPTION The proposed license amendment request (LAR) includes revising the licenses for the Indian Point Energy Center (IPEC), License No. DPR-5, DPR-26, and DPR-64, to reflect the U.S.Nuclear Regulatory Commission (NRC or Commission) authorization to use Section 161A preemption authority under 42 U.S.C. 2201 a to expressly permit the use of the weapons discussed in Entergy Nuclear Operations, Inc. (Entergy)

Application for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act, submitted by Entergy to the NRC on April 27, 2011, as supplemented in this transmittal, collectively the "Application." 2.0 DETAILED DESCRIPTION This LAR includes a proposed paragraph to be added to the existing IPEC physical protection license condition to reflect that IPEC has received stand-alone preemption authority from the Commission for the weapons discussed in the Application pursuant to the authority described in Section 161A of the Atomic Energy Act of 1954, as amended. In exercising this authority, the NRC must make case-by-case determinations that the stand-alone preemption is necessary in the discharge of official duties by security personnel engaged in protecting power reactor and other covered NRC-licensed facilities.

As described by the NRC staff in SECY-1 3-0006, Commission Order to Designate an Interim Class of U.S. Nuclear Regulatory Commission-Licensed Facilities that are Eligible to Apply to the Commission for Preemption Authority under Section 161A of the Atomic Energy Act of 1954, as Amended (January 10, 2013) (SECY-1 3-0006) (Reference 1), the NRC determined that IPEC fell within a class of facilities where "each facility has a near-term need for preemption authority based upon the types of firearms and devices currently in use at these facilities and the current State firearms laws that could adversely impact the ability of these licensees to maintain the capabilities described in their current NRC-approved security plans." Id. at 3. The Commission designated IPEC within the class of facilities eligible to apply for Section 161A preemption authority in EA-1 3-092, Order Designating an Interim Class of NRC-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended (EA-13-092)

June 5, 2013 (Reference 2). EA-13-092 also specified that licensees must use the application process outlined in Attachment 2 to EA-1 3-092 and must submit the application in accordance with the provisions of 10 CFR 50.90, "Application for Amendment of License, Construction Permit, or Early Site Permit." The background for the Application is addressed by the NRC is SECY-13-0006.

3.0 TECHNICAL

EVALUATION The requested Section 161A preemption authority is necessary for IPEC armed security personnel to continue to perform their duties at IPEC. Pursuant to Part 73, Entergy is required to establish and maintain a physical protection program, which includes a security organization, SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment 2 Page 2 of 4 with an objective to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety. 10 CFR 73.55(b)(1).

To satisfy the general performance objective required in the regulations, the physical protection program must protect against the design basis threat (DBT) of radiological sabotage, as stated in 10 CFR 73.1, and provide defense-in-depth. 10 CFR 73.55(b)(2) and (b)(3)(ii).

IPEC's physical protection program is contained in its NRC-approved Physical Security Plan, Training & Qualification Plan, and Safeguards Contingency Plan, and Cyber Security Plan (referred to collectively hereafter as "security plans"). Obtaining Section 161A preemption authority with respect to the subject weapons discussed in the Application maintains the effectiveness of the security plans for IPEC, including the ability of the security force to defend against the DBT and provide defense-in-depth.

This LAR includes a proposed change to the existing license condition for physical protection for IPEC (Attachment 3). This change to the license condition is consistent with the requirements in EA-13-092.

The following paragraph is proposed to be inserted into the physical protection license condition in each of IPEC's licenses: Amendment provided Commission authorization to use Section 161A preemption authority under 42 U.S.C. 2201a.

4.0 REGULATORY EVALUATION

4.1 APPLICABLE

REGULATORY REQUIREMENTS/CRITERIA This LAR is submitted pursuant to the requirements provided in EA-13-092.

EA-13-092 specifies that licensees must use the application process outlined in Attachment 2 to EA-13-092 and must submit the application in accordance with the provisions of 10 CFR 50.90, "Application for Amendment of License, Construction Permit, or Early Site Permit." 4.2 SIGNIFICANT HAZARDS CONSIDERATION Entergy has evaluated the proposed change using the criteria in 10 CFR 50.92 and has determined that the proposed change does not involve a significant hazards consideration.

An analysis of the issue of no significant hazards consideration is presented below.Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

The LAR does not require any plant modifications, alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or affect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected.

SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment 2 Page 3 of 4 The proposed change adds a sentence to the IPEC licenses to reflect the Section 161A preemption authority granted by the Commission.

The change is administrative and has no impact on the probability or consequences of an accident previously evaluated.

Therefore, it is concluded that this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

The LAR does not require any plant modifications, alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or affect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected.

The proposed change adds a sentence to the IPEC licenses to reflect the Section 161A preemption authority granted by the Commission.

The change is administrative and has no impact on the possibility or a new or different kind of accident from any accident previously evaluated.

Therefore, it is concluded that this change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

Does the proposed change involve a significant reduction in a margin of safety?The LAR does not require any plant modifications, alter the plant configuration, require new plant equipment to be installed, alter accident analysis assumptions, add any initiators, or affect the function of plant systems or the manner in which systems are operated, maintained, modified, tested, or inspected.

Plant safety margins are established through Limiting Conditions for Operation, Limiting Safety System Settings and Safety limits specified in the Technical Specifications.

Because there is no change to these established safety margins, the proposed change does not involve a significant reduction in a margin of safety.The proposed change adds a sentence to the IPEC licenses to reflect the Section 161A preemption authority granted by the Commission.

The change is administrative and does not involve a significant reduction in a margin of safety.Therefore, the proposed change does not involve a significant reduction in a margin of safety.Based on the above, Entergy concludes that the proposed change presents no significant hazards under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no significant hazards consideration is justified.

SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 NL-13-091 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment 2 Page 4 of 4

4.3 CONCLUSION

S In conclusion, based on the considerations discussed above: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner; (2) 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 defense and security or to the health and safety of the public.5.0 ENVIRONMENTAL CONSIDERATION The proposed amendment incorporates the Commission's Section 161A preemption authorization into the licensing basis for IPEC. This proposed amendment will not involve (i) a significant hazards consideration, (ii) a significant change in the types or a significant increase in the amounts of any effluents that may be released offsite, or (iii) a significant increase in individual or cumulative occupational radiation exposure.

Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(9).

Therefore, pursuant to 10 CFR 51.22(b), Entergy concludes that no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

6.0 REFERENCE

1. SECY-13-0006, Commission Order to Designate an Interim Class of U.S. Nuclear Regulatory Commission-Licensed Facilities that are Eligible to Apply to the Commission for Preemption Authority under Section 161A of the Atomic Energy Act of 1954, as Amended (January 10, 2013)2. EA-1 3-092, Order Designating an Interim Class of NRC-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended (June 5, 2013)SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 ATTACHMENT 3 TO NL-13-091 ANNOTATED PAGES OF THE CURRENT IPEC FACILITY OPERATING LICENSES ENTERGY NUCLEAR OPERATIONS, INC.INDIAN POINT NUCLEAR GENERATING UNIT NOs. 1,2 and 3 DOCKET NOs.50-003, 50-247, 50-286, and 72-51 SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available designated location in Westchester County, New York. in accordance with the procedures and limitations described in the application and this license;b) ENO, pursuant to the Act and 10 CFR Part 70. to receive and possess up to 1918 kilograms of contained uranium-235 previously received for reactor operation; c) Deleted ENO, purc-ant to the Act TWA, 10, FR, Chapter 1, Part 70, "Special Nluclear.

Material,'

to r9oio pccc and U60 &i*(6) groms of uranium 235 in fiGSIGn Gonere d) Deleted .-N, pu-'ruAt to the ,ct ,,and Tt, 10, G.R, Chaptcr 1, Part 30, "..i....i.

Of BYProduct Material," to i poccWY and_ uffe SiX hundrad (600) curios of Plutonium 210 8ncap6ulatodci 120 RA_ nuron-1M MtW US SOUr~es;e) ENO, pursuant to the Act and 10 CFR Parts 30 and 70, to receive Amdt. 45 and possess, but not to separate, such byproduct and special 1-31-96 materials as were produced by the prior operation of the facility;f) Deleted ENG, purcuant to the Act and Title 1 GFR, Parts 30 and:70, to possess and store the 1110.18 kilogramse of special nucleoi FMStoial and !ho byproduct m~atoriaolsecntained in Co re A.This license shall be deemed to contain and is subject to the conditions specified in Sections 50.54 and 50.59 of Part 50, Section 70.32 of Part 70, Section 40.41 of Part 40, and Section 30.32 of Part 30 of the Commission's regulations; is subject to all applicable provisions of the Act and rules, regulations and orders of the Commission now and hereafter in effect; and is subject to the additional conditions specified below: a) Maximum Power Level ENO is prohibited from taking the reactor to criticality, and the facility shall not be operated at any power level.b) Technical Specifications The Technical Specifications contain Appendices A and B, as revised through Amendment No.A are hereby incorporated in the license. ENO shall maintain the facility in accordance with the Technical Specifications.

c) Records In addition to those otherwise required under this license and applicable regulations, ENO shall keep the following records: 1. Reactor operating records, including power levels Amendment No.,f"'\\DC -099811/000012

-4717708 v1 and period of operation at each power level.2. Records showing the radioactivity released or discharged into the air or water beyond the effective control of ENO as measured at or prior to the point of such release or discharge.

3. Records of scrams, including reasons therefor.4. Records of principal maintenance operations involving substitution or replacement of facility equipment or components and the reasons therefor.5. Records of radioactivity measurements at on-site and off-site monitoring stations.6. Records of facility tests and measurements performed pursuant to the requirements of the Technical Specifications.

,.d,.x4j FNG shall fully implement and maAintain in ofleat all prov~ecione Of the JphycicGal cocurity, guard training an~d qualifiation, and safoguadrc con~tingencY plans proviously appreved by the Commiecion and all amcndmontA and roVicione to cuch plans m~ade puFSuan~t to !he authority of 10 CFR 50.90 n 10'CFR 50.56(p).

The plans, which centain Safeguarde InforImation protected Phycical SeoGuity Pla,'" with revisions submitted through July 25, 1989;and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans Including amendments made pursuant to provisions of the Miscellaneous Amendments and Search\-\ Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The combined set of plans' for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Nafuards Contingency Plan, Revision 0," and was submitted by letter dat LOctober 14, 2004, as supplemented by letter dated May 18, 2006.\ENO shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The ENO CSP was approved by License Amendment No. 55.1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.Amendment NO.-56-\\DC -099811/000012

-4717708 vl instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required;(4) ENO pursuant to the Act and 10 CFR Parts 30. 40 and 70, Amdt. 42 to receive, possess, and use in amounts as required any 10-17-78 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; (5) ENO pursuant to the Act and 10 CFR Parts 30 and 70, to Amdt. 220 possess, but not separate, such byproduct and special 09-06-01 nuclear materials as may be produced by the operation of the facility and Indian Point Nuclear Generating Unit No. 3 (1P3).C. This amended license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 ENO is authorized to operate the facility at steady state Amdt. 241 reactor core power levels not in excess of 3216 10-27-2004 megawatts thermal.(2) Technical Specifications The Technical Specificati contained in Appendices A and B, as revised through Amendment No. 7 are hereby incorporated in the license. ENO shall operate the facility in accordance with the Technical Specifications.

(3) The following conditions relate to the amendment approving the conversion to Improved Standard Technical Specifications:

1. This amendment authorizes the relocation of certain Technical Specification requirements and detailed information to licensee-controlled documents as described in Table R, "Relocated Technical Specifications from the CTS," and Table LA, "Removed Details and Less Restrictive administrative Changes to the CTS" attached to the NRC staff's Safety Evaluation enclosed with this amendment.

The relocation of requirements and detailed information shall be completed on or before the implementation of this amendment.

Amendment No. 271\\DC -099811/A)00012

-4717708 vI Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by lefttt dated October 14, 2004, as supplemented by letter dated May 18, 2006. NO shall fully implement and maintain in effect all provisions of the Commis ion-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The ENO CSP was approved by License Amendment No. 266 1. Deleted per Amdt. 133, 7-6-88.J. Deleted per Amdt. 133, 7-6-88.K. ENO shall implement and maintain in effect all provisions of the NRC-approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in the Safety Evaluations Reports dated November 30, 1977, February 3, 1978, January 31, 1979, October 31, 1980, August 22, 1983, March 30, 1984, October 16, 1984, September 16, 1985, November 13, 1985, March 4, 1987, January 12, 1989, and March 26, 1996. ENO may make changes to the NRC-approved 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.L. Deleted per Amendment 238 M. Deleted per Amendment 238 N. 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 (c) Actions to minimize release to include consideration of: 1. Water spray scrubbing 2. Dose to onsite responders Amendment No..2466-\\DC -099811/000012

-4717708 vi (4) ENO pursuant to the Act and 10 CFR Parts 30, 40 and 70, Amdt. 203 to receive, possess, and use in amounts as required any 11/27/00 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; (5) ENO pursuant to the Act and 10 CFR Parts 30 and 70, to Amdt. 203 possess, but not separate, such byproduct and special 11/27/00 nuclear materials as may be produced by the operation of the facility.C. This amended license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 3216 megawatts thermal (100% of rated power).(2) Technical Specifications The Technical Specifica ontained in Appendices A and B, as revised through Amendment No 1 are hereby incorporated in the License. ENO shall operate the facility in accordance with the Technical Specifications.

(3) (DELETED)

Amdt. 205 2-27-01 (4) (DELETED)

Amdt. 205 2-27-01 D. (DELETED)

Amdt.46 2-16-83 E. (DELETED)

Amdt.37 5-14-81 F. This amended license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter of May 2. 1975, to Consolidated Edison Company of New York, Inc., granting a Section 401 certification under the Federal Water Pollution Control Act Amendments of 1972.Amendment No. 251\\DC -09981110"12-4717708 vI G. ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification,and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements

.I revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of f !10 CFR 50.90 and CFR 50.54(p).

The combined set of plans' for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, an Safeguards Contingency Plan, Revision 0," and was submitted by le ted October 14, 2004, as supplemented by letter dated May 18, 2006. NO shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The ENO CSP was approved by License Amendment No. 243 H. ENO shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Final Safety Analysis Report for Indian Point Nuclear Generating Unit No. 3 and as approved in NRC fire protection safety evaluations (SEs) dated September 21, 1973, March 6. 1979, May 2, 1980, November 18, 1982, December 30, 1982, February 2, 1984, April 16, 1984, January 7, 1987, September 9,1988, October 21, 1991, April 20, 1994, January 5, 1995, and supplements thereto, subject to the following provision:

ENO may make changes to the approved 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.(DELETED)

Amdt. 205 2/27/01 J. (DELETED)

Amdt. 205 2/27/01 K. (DELETED)

Amdt.49 5-25-84 L. (DELETED)

Amdt. 205 2/27/01 M. (DELETED)

Amdt. 205 2/27/01 N. (DELETED)

Amdt. 49 5-25-84 1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.Amendment No. 243\\DC -099811/000012

-4717708 v]

Insert 1 Amendment

-provided Commission authorization to use Section 161 A preemption authority under 42 U.S.C. 2201 a.\\DC -099811/000012

-4717708 vI SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 ATTACHMENT 4 TO NL-1 3- 091 RE-TYPED PAGES OF IPEC FACILITY OPERATING LICENSES ENTERGY NUCLEAR OPERATIONS, INC.INDIAN POINT NUCLEAR GENERATING UNIT NOs. 1, 2 and 3 DOCKET NOs.50-003, 50-247, 50-286, and 72-51 SECURITY-RELATED INFORMATION

-WITHHOLD UNDER 10 CFR 2.390 When Attachment 1 is detached, the remainder of this letter may be made publicly available\\DC -099811/000012

-4717709 v I designated location in Westchester County, New York, in accordance with the procedures and limitations described in the application and this license;b) ENO, pursuant to the Act and 10 CFR Part 70, to receive and possess up to 1918 kilograms of contained uranium-235 previously received for reactor operation; c) Deleted ENO, pur..ant to the Act and Title 10, CFR, hapto"r 1, d)Part 70, "Special Material," to roteve, possess and 's ..x (6) grams ef uranium 235 in fision Deleted ENO, pursuant to the Act and Title 10, CER, Chapter 1, and use six hundrod (600) curios of Plutonium 21-0 onapuatdas Pe Be neut.ro star up sources;e) ENO, pursuant to the Act and 10 CFR Parts 30 and 70, to receive Arndt. 45 and possess, but not to separate, such byproduct and special 1-31-96 materials as were produced by the prior operation of the facility;f) Deleted ENO, pursuant to the Act and Title 10, CFR, Part, 30 and 70, to possess and stOre the 1140.16 kilgFrams of special RnuGlea material and the byproduct materialS contained in Core A.3. This license shall be deemed to contain and is subject to the conditions specified in Sections 50.54 and 50.59 of Part 50, Section 70.32 of Part 70, Section 40.41 of Part 40, and Section 30.32 of Part 30 of the Commission's regulations; is subject to all applicable provisions of the Act and rules, regulations and orders of the Commission now and hereafter in effect; and is subject to the additional conditions specified below: a) Maximum Power Level ENO is prohibited from taking the reactor to criticality, and the facility shall not be operated at any power level.b) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. , are hereby incorporated in the license. ENO shall maintain the facility in accordance with the Technical Specifications.

c) Records In addition to those otherwise required under this license and applicable regulations, ENO shall keep the following records: 1. Reactor operating records, including power levels Amendment No.\\DC -099811/10(0012

-4717708 vI and period of operation at each power level.2. Records showing the radioactivity released or discharged into the air or water beyond the effective control of ENO as measured at or prior to the point of such release or discharge.

3. Records of scrams, including reasons therefor.4. Records of principal maintenance operations involving substitution or replacement of facility equipment or components and the reasons therefor.5. Records of radioactivity measurements at on-site and off-site monitoring stations.6. Records of facility tests and measurements performed pursuant to the requirements of the Technical Specifications.

d) ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The combined set of plans 1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by letter dated October 14, 2004, as supplemented by letter dated May 18, 2006. Amendment

-provided Commission authorization to use Section 161A preemption authority under 42 U.S.C. 2201a. ENO shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The ENO CSP was approved by License Amendment No. 55.1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.Amendment No.\\DC -099811/000012

-4717708 v1 instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required;(4) ENO pursuant to the Act and 10 CFR Parts 30, 40 and 70, Amdt. 42 to receive, possess, and use in amounts as required any 10-17-78 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; (5) ENO pursuant to the Act and 10 CFR Parts 30 and 70, to Amdt. 220 possess, but not separate, such byproduct and special 09-06-01 nuclear materials as may be produced by the operation of the facility and Indian Point Nuclear Generating Unit No. 3 (1P3).C. This amended license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 ENO is authorized to operate the facility at steady state Amdt. 241 reactor core power levels not in excess of 3216 10-27-2004 megawatts thermal.(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. , are hereby incorporated in the license. ENO shall operate the facility in accordance with the Technical Specifications.

(3) The following conditions relate to the amendment approving the conversion to Improved Standard Technical Specifications:

1. This amendment authorizes the relocation of certain Technical Specification requirements and detailed information to licensee-controlled documents as described in Table R, "Relocated Technical Specifications from the CTS," and Table LA, "Removed Details and Less Restrictive administrative Changes to the CTS" attached to the NRC staff's Safety Evaluation enclosed with this amendment.

The relocation of requirements and detailed information shall be completed on or before the implementation of this amendment.

Amendment No.\\DC -099811/0000 12 -4717708 vI Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by letter dated October 14, 2004, as supplemented by letter dated May 18, 2006. Amendment

__provided Commission authorization to use Section 161A preemption authority under 42 U.S.C. 2201a. ENO shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The ENO CSP was approved by License Amendment No. 266 1. Deleted per Amdt. 133, 7-6-88.J. Deleted per Amdt. 133, 7-6-88.K. ENO shall implement and maintain in effect all provisions of the NRC-approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in the Safety Evaluations Reports dated November 30, 1977, February 3, 1978, January 31, 1979, October 31, 1980, August 22, 1983, March 30, 1984, October 16, 1984, September 16, 1985, November 13, 1985, March 4, 1987, January 12, 1989, and March 26,1996. ENO may make changes to the NRC-approved 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.L. Deleted per Amendment 238 M. Deleted per Amendment 238 N. 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 (c) Actions to minimize release to include consideration of: 1. Water spray scrubbing 2. Dose to onsite responders Amendment No.\\DC -099811/000012-4717708 vI (4) ENO 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; (5) ENO pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.Amdt. 203 11/27/00 Amdt. 203 11/27/00 C. This amended license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; 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 ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 3216 megawatts thermal (100% of rated power).(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. are hereby incorporated in the License. ENO shall operate the facility in accordance with the Technical Specifications.

I (3) (DELETED)(4) (DELETED)Amdt. 205 2-27-01 Amdt. 205 2-27-01 Amdt.46 2-16-83 Amdt.37 5-14-81 D. (DELETED)E. (DELETED)F. This amended license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter of May 2, 1975, to Consolidated Edison Company of New York, Inc., granting a Section 401 certification under the Federal Water Pollution Control Act Amendments of 1972.Amendment No.WX -09981 I/000012 -4717708 vI G. ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and CFR 50.54(p).

The combined set of plans 1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by letter dated October 14, 2004, as supplemented by letter dated May 18, 2006. Amendment-provided Commission authorization to use Section 161A preemption authority under 42 U.S.C. 2201a. ENO shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The ENO CSP was approved by License Amendment No. 243 H. ENO shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Final Safety Analysis Report for Indian Point Nuclear Generating Unit No. 3 and as approved in NRC fire protection safety evaluations (SEs) dated September 21, 1973, March 6. 1979, May 2, 1980, November 18, 1982, December 30, 1982, February 2,1984, April 16, 1984, January 7, 1987, September 9, 1988, October 21, 1991, April 20, 1994, January 5, 1995, and supplements thereto, subject to the following provision:

ENO may make changes to the approved 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.I. (DELETED)

Amdt. 205 2/27/01 J. (DELETED)

Amdt. 205 2/27/01 K. (DELETED)

Amdt.49 5-25-84 L. (DELETED)

Amdt. 205 2/27/01 M. (DELETED)

Amdt. 205 2/27/01 N. (DELETED)

Amdt. 49 5-25-84 1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.Amendment No.\\DC -09 9 811/0 00012 -4717708 vl

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