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Category:Letter type:NL
MONTHYEARNL-21-034, Notification of Expected Date of Transfer of Ownership of Nuclear Units to Holtec Indian Point 2, LLC and Holtec Indian Point 3, LLC; and Notification of Receipt of All Required Regulatory Approvals2021-05-26026 May 2021
Notification of Expected Date of Transfer of Ownership of Nuclear Units to Holtec Indian Point 2, LLC and Holtec Indian Point 3, LLC; and Notification of Receipt of All Required Regulatory Approvals
NL-21-039, Response to Request for Additional Information - License Amendment Request to Revise the Indian Point Nuclear Generating Unit No. 3 Licensing Basis to Incorporate the Installation and Use of a New Auxiliary2021-05-20020 May 2021
Response to Request for Additional Information - License Amendment Request to Revise the Indian Point Nuclear Generating Unit No. 3 Licensing Basis to Incorporate the Installation and Use of a New Auxiliary
NL-21-033, Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel2021-05-11011 May 2021
Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel
NL-21-032, Termination of Emergency Response Data System Feed to the U.S. Nuclear Regulatory Commission at Indian Point Energy Center2021-05-11011 May 2021
Termination of Emergency Response Data System Feed to the U.S. Nuclear Regulatory Commission at Indian Point Energy Center
NL-21-005, Cancellation of Commitments Related to Beyond-Design-Basis External Events Seismic and Flooding Actions2021-05-11011 May 2021
Cancellation of Commitments Related to Beyond-Design-Basis External Events Seismic and Flooding Actions
NL-21-030, Submittal of 2020 Annual Radiological Environmental Operating Report2021-05-0606 May 2021
Submittal of 2020 Annual Radiological Environmental Operating Report
NL-21-027, Registration of Spent Fuel Cask Use2021-04-20020 April 2021
Registration of Spent Fuel Cask Use
NL-21-021, Registration of Spent Fuel Cask Use2021-04-19019 April 2021
Registration of Spent Fuel Cask Use
NL-21-017, Pre-Notice of Disbursement from Decommissioning Trusts2021-04-0808 April 2021
Pre-Notice of Disbursement from Decommissioning Trusts
NL-21-010, Submittal of 2020 Annual Fitness for Duty Program Performance Data Report and Fatigue Management Program Data Report2021-02-17017 February 2021
Submittal of 2020 Annual Fitness for Duty Program Performance Data Report and Fatigue Management Program Data Report
NL-21-006, Relief Request IP3-ISI-RR-16, Proposed Alternative to American Society of Mechanical Engineers Code Case N-513-4 Inspection Requirement2021-02-10010 February 2021
Relief Request IP3-ISI-RR-16, Proposed Alternative to American Society of Mechanical Engineers Code Case N-513-4 Inspection Requirement
NL-21-014, Response to 2nd Round Request for Additional Information - License Amendment Request to Revise the Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device2021-01-26026 January 2021
Response to 2nd Round Request for Additional Information - License Amendment Request to Revise the Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device
NL-20-082, Notice of Planned Transfer of Decommissioning Funds2020-12-14014 December 2020
Notice of Planned Transfer of Decommissioning Funds
NL-20-081, Pre-Notice of Disbursement from Decommissioning Trusts2020-12-0909 December 2020
Pre-Notice of Disbursement from Decommissioning Trusts
NL-20-080, Report in Accordance with 10 CFR 71.95(a) for Failure to Comply with Certificate of Compliance No. 71-93212020-11-19019 November 2020
Report in Accordance with 10 CFR 71.95(a) for Failure to Comply with Certificate of Compliance No. 71-9321
NL-20-079, (IP2 and IP3) - Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic2020-11-12012 November 2020
(IP2 and IP3) - Request for a One-Time Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding Annual Force-on-Force (FOF) Exercises, Due to Covid 19 Pandemic
NL-20-077, Submittal of Quality Assurance Program Manual Revision 22020-11-0909 November 2020
Submittal of Quality Assurance Program Manual Revision 2
NL-20-078, Response to Requests for Additional Information - License Amendment Request to Revise the Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device2020-11-0909 November 2020
Response to Requests for Additional Information - License Amendment Request to Revise the Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device
NL-20-076, Revision of Commitment Related to Nuclear Reactor Safeguards Interim Compensatory Measure - Section B.5.b Issue Regarding Spent Fuel Dispersal2020-11-0202 November 2020
Revision of Commitment Related to Nuclear Reactor Safeguards Interim Compensatory Measure - Section B.5.b Issue Regarding Spent Fuel Dispersal
NL-20-069, One-time Scheduler Exemption Request from 10 CFR 50, Appendix E Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Public Health Emergency2020-10-0808 October 2020
One-time Scheduler Exemption Request from 10 CFR 50, Appendix E Biennial Emergency Preparedness Exercise Requirements Due to COVID-19 Public Health Emergency
NL-20-070, Response to Requests for Additional Information, License Amendment Request to Revise the Indian Point Nuclear Generating Unit No. 3 Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device2020-10-0202 October 2020
Response to Requests for Additional Information, License Amendment Request to Revise the Indian Point Nuclear Generating Unit No. 3 Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device
NL-20-067, Redacted Version of Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline2020-09-16016 September 2020
Redacted Version of Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline
NL-20-064, 10 CFR 50.59(d)(2) Summary Report of Changes, Tests and Experiments2020-09-0101 September 2020
10 CFR 50.59(d)(2) Summary Report of Changes, Tests and Experiments
NL-20-060, Status of Remaining Actions for Generic Letter 2004-022020-08-11011 August 2020
Status of Remaining Actions for Generic Letter 2004-02
NL-20-057, Cancellation of Commitment Related to Large Break LOCA Reanalysis2020-07-30030 July 2020
Cancellation of Commitment Related to Large Break LOCA Reanalysis
NL-20-0851, 30-Day 10 CFR 21 Notification - Continuously Energized Eaton D26 Relays Could Fail to Deenergize Because of an Organic C3 Insulating Material2020-07-22022 July 2020
30-Day 10 CFR 21 Notification - Continuously Energized Eaton D26 Relays Could Fail to Deenergize Because of an Organic C3 Insulating Material
NL-20-051, Submittal of Quality Assurance Program Manual, Revision 1 for the Indian Point Energy Center2020-07-0707 July 2020
Submittal of Quality Assurance Program Manual, Revision 1 for the Indian Point Energy Center
NL-20-052, Unsatisfactory 10 CFR 26 Fitness-For-Duty Blind Performance Testing Results2020-07-0707 July 2020
Unsatisfactory 10 CFR 26 Fitness-For-Duty Blind Performance Testing Results
NL-20-012, Application to Revise Provisional Operating License and Technical Specifications2020-06-30030 June 2020
Application to Revise Provisional Operating License and Technical Specifications
NL-20-050, Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline2020-06-24024 June 2020
Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline
NL-20-041, Registration of Unit 3 Spent Fuel Cask Use2020-05-13013 May 2020
Registration of Unit 3 Spent Fuel Cask Use
NL-20-042, Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel2020-05-12012 May 2020
Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel
NL-20-033, Technical Specifications Proposed Change - Permanently Defueled Technical Specifications2020-04-28028 April 2020
Technical Specifications Proposed Change - Permanently Defueled Technical Specifications
NL-20-038, Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline2020-04-23023 April 2020
Response to U.S. Nuclear Regulatory Commission Region I Letter Regarding Algonquin Incremental Market Project Pipeline
NL-20-035, Response to Request for Additional Information - Temporary Exemption Request from 10 CFR Appendix R, Section Iii.H Due to COVID-19 Pandemic2020-04-16016 April 2020
Response to Request for Additional Information - Temporary Exemption Request from 10 CFR Appendix R, Section Iii.H Due to COVID-19 Pandemic
NL-20-034, Temporary Exemption Request from 10 CFR Appendix R, Section Iii.H Due to COVID-19 Pandemic2020-04-13013 April 2020
Temporary Exemption Request from 10 CFR Appendix R, Section Iii.H Due to COVID-19 Pandemic
NL-20-021, Proposed License Amendment to Revise the Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device2020-03-24024 March 2020
Proposed License Amendment to Revise the Licensing Basis to Incorporate the Installation and Use of a New Auxiliary Lifting Device
NL-20-020, Submittal of 2019 Annual Fitness for Duty Performance Data Report Update2020-02-26026 February 2020
Submittal of 2019 Annual Fitness for Duty Performance Data Report Update
NL-20-015, Submittal of 2019 Annual Fitness for Duty Program Performance Data Report and Fatigue Management Program Data Report2020-02-10010 February 2020
Submittal of 2019 Annual Fitness for Duty Program Performance Data Report and Fatigue Management Program Data Report
NL-20-008, Transmittal of Presentation Slides for Partially Closed Pre-Submittal Meeting to Discuss a Planned License Amendment Request to Replace the Fuel Handling Building Crane2020-01-0606 January 2020
Transmittal of Presentation Slides for Partially Closed Pre-Submittal Meeting to Discuss a Planned License Amendment Request to Replace the Fuel Handling Building Crane
NL-19-094, 2018 Annual 10 CFR 50.46 Emergency Core Cooling System Evaluation Changes Report2019-12-16016 December 2019
2018 Annual 10 CFR 50.46 Emergency Core Cooling System Evaluation Changes Report
NL-19-084, Application for Order Consenting to Transfers of Control of Licenses and Approving Conforming License Amendments2019-11-21021 November 2019
Application for Order Consenting to Transfers of Control of Licenses and Approving Conforming License Amendments
NL-19-093, Proposed Technical Specifications (TS) Changes - Indian Point Nuclear Generating Unit 3 TS SR 3.7.7.2 and TS 3.7.6, Required Action A.12019-11-21021 November 2019
Proposed Technical Specifications (TS) Changes - Indian Point Nuclear Generating Unit 3 TS SR 3.7.7.2 and TS 3.7.6, Required Action A.1
NL-19-092, Request for Rescission of Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)2019-11-20020 November 2019
Request for Rescission of Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)
NL-19-043, Request for Partial Exemption from Record Retention Requirements in 10 CFR 50.122019-10-22022 October 2019
Request for Partial Exemption from Record Retention Requirements in 10 CFR 50.12
NL-19-073, Request for Relaxation of Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)2019-10-22022 October 2019
Request for Relaxation of Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)
NL-19-078, Supplement to Technical Specifications Proposed Change - Permanently Defueled Technical Specifications2019-10-22022 October 2019
Supplement to Technical Specifications Proposed Change - Permanently Defueled Technical Specifications
NL-19-091, Independent Spent Fuel Storage Installation (Isfsi), Registration of Spent Fuel Cask Use2019-10-17017 October 2019
Independent Spent Fuel Storage Installation (Isfsi), Registration of Spent Fuel Cask Use
NL-19-090, Registration of Unit 2 Spent Fuel Cask Use2019-10-0909 October 2019
Registration of Unit 2 Spent Fuel Cask Use
NL-19-079, 50.59(d)(2) Summary Report of Changes, Tests and Experiments2019-09-26026 September 2019
50.59(d)(2) Summary Report of Changes, Tests and Experiments
2021-05-06
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Text
- --- Entergy Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5516 Bryan S. Ford Senior Manager Fleet Regulatory Assurance 10 CFR 50. 75(h)(1 )(iii)
NL-18-048 June 25, 2018 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001
SUBJECT:
Notice Regarding Proposed Fourth Amendment to Master Decommissioning Trust Agreement Indian Point Nuclear Generating Unit No. 3 Docket No. 50-286 License No. DPR-64
Dear Sir or Madam:
Entergy Nuclear Operations, Inc. ("ENOI") provides this thirty (30) working day prior notice to the Director, Office of Nuclear Reactor Regulation regarding a proposed Fourth amendment to the Master Decommissioning Trust Agreement dated July 25, 1990, as amended, governing the nuclear decommissioning trust funds for Indian Point Nuclear Generating Unit No. 3 ("IP3").
This notice is being provided pursuant to 10 CFR 50.75(h)(1 )(iii) and Section 10.05 of the Master Decommissioning Trust Agreement, as amended. A copy of the proposed "Fourth Amendment to Master Decommissioning Trust Agreement" is provided in the Attachment to this letter.
The proposed amendment would amend Article VIII of the Master Decommissioning Trust Agreement which governs the powers of the Trustee by amending Section 8.01 to revise provisions that retain the discretion for ENOI to instruct the Trustee regarding the voting of bonds, securities or other property held in the trust and provide for voting, instead, as instructed by the applicable Investment Manager. With adoption of the amendment, the Trustee will retain all authority to exercise the power of an owner regarding bonds, securities or other property held in the trust, including without limitation the power to vote in accordance with instructions provided by the respective Investment Manager who manages the account that contains such bonds, securities and other property.
NL-18-048 Docket No. 50-286 Page 2 of 2 This letter contains no new regulatory commitments. If the Nuclear Regulatory Commission (NRC) requires additional information concerning this request, please contact me at (601) 368-5516 or bford@entergy.com.
Sincerely,
Attachment:
Proposed Fourth Amendment to Master Decommissioning Trust Agreement cc: Mr. Richard Guzman, Senior Project Manager, NRC NRA DORL Mr. David Lew, Acting Regional Administrator, NRC Region I Ms. Alicia Barton, President and CEO, NYSERDA Ms. Bridget Frymire, New York State Public Service Commission NRC Resident Inspector's Office
ATTACHMENT TO NL-18-048 PROPOSEDFOURTHAMENDMENTTO MASTER DECOMMISSIONING TRUST AGREEMENT ENTE_RGY NUCLEAR OPERATIONS, INC.
INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 DOCKET NO. 50-286
NL-18-048 Docket No. 50-286 Attachment Page 1 of 3 FOURTH AMENDMENT TO MASTER DECOMMISSIONING TRUST AGREEMENT FOURTH AMENDMENT TO MASTER DECOMMISSIONING TRUST AGREEMENT dated as of August_, 2018 ("Fourth Amendment") by and between Entergy Nuclear Operations, Inc., a Delaware corporation ("ENOI"), and The Bank of New York Mellon, as Trustee (the "Trustee"), a New York banking corporation having trust powers.
WHEREAS, on January 30, 2017, pursuant to the Assignment and Assumption Agreement dated as of such date between the Power Authority of the State of New York
("Authority") and ENOI, the Authority assigned to ENOI its beneficial interest in the Master Decommissioning Trust (the "Master Trust") with respect to the Decommissioning of the Indian Point 3 Nuclear Plant and the James A. FitzPatrick Nuclear Plant and the Funds operating under the Master Trust; WHEREAS, the Master Trust is governed by the Master Decommissioning Trust Agreement dated as of July 25, 1990 between the Authority and the Trustee, as amended by the First Amendment to Master Decommissioning Trust Agreement dated as of November 21, 2000, between the Authority and the Trustee, by the Second Amendment to Master Decommissioning Trust Agreement dated as of January 30, 2017, between the Authority and the Trustee, and by the Third Amendment dated as of March 10, 2017 between ENOI and the Trustee (as so amended, the "Master Trust Agreement");
WHEREAS, Section 10.05 of the Master Trust Agreement provides that, following any assignment of beneficial ownership pursuant to Section 3.01 of the Master Trust Agreement, the Master Trust Agreement may be amended, modified or altered for any purpose requested by the assignee beneficial owner so long as such amendment does not affect the use of the assets of the Funds to pay the costs of Decommissioning; WHEREAS, ENOI desires to amend the Master Trust Agreement to delete provisions that provide that ENOI retains discretion to instruct the Trustee regarding the voting of bonds, securities or other property held in the trust; WHEREAS, 30 working days have elapsed since the Notice was sent to the Director, and the Trustee has not received any notice of objection from the Director; WHEREAS, Section 10.05 of the Master Trust Agreement provides that any alteration, amendment or modification of the Master Trust Agreement or an exhibit thereto must be in writing and signed by ENOI and the Trustee; and WHEREAS, Section 10.05 of the Master Trust Agreement provides that the Trustee shall execute such alteration, modification or amendment required to be
NL-18-048 Docket No. 50-286 Attachment Page 2 of 3 executed by it but shall have no duty to inquire or make any investigation as to whether any amendment, modification or alteration is consistent with said Section 10.05; NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Trustee and ENOI hereby agree as follows:
- 1. Defined terms used herein and not otherwise defined shall have the meanings ascribed to them in the Master Trust Agreement.
- 2. The Master Trust Agreement is amended as follows:
- a. Section 8.01 is amended in its entirety to read as follows:
"8.01 Registration of Securities. To hold any bonds, securities, and/or other property in the name of a nominee, in a street name, or by other title-holding device, without indication of trust and generally to exercise the powers of an owner, including without limitation the power to vote in accordance with instructions provided by the respective Investment Manager who manages the account that contains such bonds, securities and other property, with respect to any such property whether so held or held in its own name, as Trustee.
- 3. This Fourth Amendment shall bind and inure to the benefit of ENOI and the Trustee and their respective assigns, transferees and successors.
- 4. This Fourth Amendment and all questions pertaining to its validity, construction and administration shall be determined in accordance with the internal substantive laws (and not the choice of law rules) of the State of New York to the extent not superseded by Federal law.
- 5. This Fourth Amendment may be executed in any number of counterparts, each of which shall be an original, with the same effect as if the signature thereto and hereto were upon the same instrument.
- 6. ENOI and the Trustee hereby represent and warrant to the other that it has full authority to enter into this Fourth Amendment on the terms and conditions hereof and that the individual executing this Fourth Amendment on its behalf has the requisite authority to bind such party.
[Signature page follows.]
NL-18-048 Docket No. 50-286 Attachment Page 3 of 3 IN WITNESS WHEREOF, ENOI and the Trustee have executed this instrument under seal as of the date first above written.
THE BANK OF NEW YORK MELLON, AS TRUSTEE By:-----------------
Name:
Title:
Attest:
Name:
Title:
ENTERGY NUCLEAR OPERATIONS, INC.
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Name:
Title:
Attest:
Name:
Title:
