RS-19-044, License Amendment Request - Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions

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License Amendment Request - Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions
ML19240B609
Person / Time
Site: Dresden, Peach Bottom, Nine Mile Point, Byron, Braidwood, Limerick, Ginna, Clinton, Quad Cities, FitzPatrick, LaSalle  Constellation icon.png
Issue date: 08/28/2019
From:
Exelon Generation Co
To:
Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
RS-19-044
Download: ML19240B609 (67)


Text

4300 Winfield Road Warrenville , IL 60555 Exelon Generation 630 657 2000 Office RS-19-044 10 CFR 50.90 August28,2019 U.S. Nuclear Regulatory Commission ATTN : Document Control Desk Washington, DC 20555-0001 Braidwood Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-72 and NPF-77 NRC Docket Nos. STN 50-456 and STN 50-457 Byron Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. STN 50-454 and STN 50-455 Clinton Power Station, Unit 1 Facility Operating License No. NPF-62 NRC Docket No. 50-461 Dresden Nuclear Power Station, Units 1, 2 and 3 Facility Operating License No. DPR-2 Renewed Facility Operating License Nos. DPR-19 and DPR-25 NRC Docket Nos. 50-0010. 50-237 and 50-249 James A. FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DPR-59 NRC Docket No. 50-333 R.E. Ginna Nuclear Power Plant Renewed Facility Operating License No. DPR-18 NRC Docket No. 50-244 LaSalle County Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-11 and NPF-18 NRC Docket Nos. 50-373 and 50-37 4 Limerick Generating Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-39 and NPF-85 NRC Docket Nos. 50-352 and 50-353 Nine Mile Point Nuclear Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-63 and NPF-69 NRC Docket Nos. 50-220 and 50-410

August28,2019 U.S . Nuclear Regulatory Commission Page 2 Peach Bottom Atomic Power Station, Units 1, 2 and 3 Facility Operating License No. DPR-12 Renewed Facility Operating License Nos. DPR-44 and DPR-56 NRC Docket Nos. 50-171. 50-277 and 50-278 Quad Cities Nuclear Power Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-29 and DPR-30 NRC Docket Nos. 50-254 and 50-265

Subject:

License Amendment Request - Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions Reference : Volume 67, Federal Register, Page 78332 (67 FR 78332), dated December 24, 2002 In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (EGC), requests an amendment to Renewed Facility Operating License (FOL) Nos. NPF-72 and NPF-77 for Braidwood Station, Units 1 and 2, Renewed FOL Nos. NPF-37 and NPF-66 for Byron Station , Units 1 and 2, FOL No. NPF-62 for Clinton Power Station, Unit 1, FOL No. DPR-2 and Renewed FOL Nos. DPR-19 and DPR-25 for Dresden Nuclear Power Station, Units 1, 2 and 3, Renewed Facility Operating License No. DPR-59 for James A. FitzPatrick Nuclear Power Plant, Renewed Facility Operating License No. DPR-18 for R.E. Ginna Nuclear Power Plant, Renewed FOL Nos. NPF-11 and NPF-18 for LaSalle County Station, Units 1 and 2, Renewed FOL Nos. NPF-39 and NPF-85 for Limerick Generating Station, Units 1 and 2 , Renewed FOL Nos. DPR-63 and NPF-69 for Nine Mile Point Nuclear Station, Units 1 and 2, FOL No. DPR-12 and Renewed FOL Nos.

DPR-44 and DPR-56 for Peach Bottom Atomic Power Station, Units 1, 2 and 3, and Renewed FOL Nos. DPR-29 and DPR-30 for Quad Cities Nuclear Power Station , Units 1 and 2.

The amendment request proposes to delete from the FOLs certain license conditions which impose specific requirements on the decommissioning trust agreements. Upon approval of this amendment, the provisions of 10 CFR 50. 75(h) that specify the regulatory requirements for decommissioning trust funds will apply. The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform to the 10 CFR 50. 75(h) regulations adopted in 2002 (Reference) is specifically contemplated by the provisions of 10 CFR 50. 75(h)(5) , and the generic finding of no significant hazards consideration in 10 CFR 50.75(h)(4). In addition, the proposed change deletes certain historical license conditions related to the decommissioning trust agreement that are no longer applicable. provides the evaluation for the proposed changes. Attachment 2 provides the existing FOLs pages marked up depicting the proposed changes.

The proposed changes have been reviewed and approved by the Plant Operations Review Committee at each station in accordance with the requirements of the EGC Quality Assurance Program.

August28,2019 U.S. Nuclear Regulatory Commission Page 3 EGC requests approval of the proposed changes by August 28, 2020. Once approved, the amendment shall be implemented within 180 days.

In accordance with 10 CFR 50.91, "Notice for public comment; State consultation,"

paragraph (b), EGC is notifying the State of Illinois, State of New York, and the State of Pennsylvania of this application for license amendment by transmitting a copy of this letter and its attachments to the designated State Officials.

There are no regulatory commitments contained in this letter. Should you have any questions concerning this letter, please contact Mrs. Linda M. Palutsis at (630) 657-2821.

I declare under penalty of perjury that the foregoing is true and correct. Executed on the 28th day of August 2019.

Rm;J_R Patrick R. Simpson Sr. Manager Licensing Attachments:

1. Evaluation of Proposed Changes
2. Proposed Facility Operating Licenses (Marked-Up Pages) cc: NRC Regional Administrator, Region I NRC Regional Administrator, Region Ill NRC Senior Resident Inspector - Braidwood Station NRC Senior Resident Inspector - Byron Station NRC Senior Resident Inspector - Clinton Power Station NRC Senior Resident Inspector - Dresden Nuclear Power Station NRC Senior Resident Inspector - James A. FitzPatrick Nuclear Power Plant NRC Senior Resident Inspector - R.E. Ginna Nuclear Power Plant NRC Senior Resident Inspector - LaSalle County Station NRC Senior Resident Inspector - Limerick Generating Station NRC Senior Resident Inspector - Nine Mile Point Nuclear Station NRC Senior Resident Inspector - Peach Bottom Atomic Power Station NRC Senior Resident Inspector - Quad Cities Nuclear Power Station Illinois Emergency Management Agency - Division of Nuclear Safety A.L. Peterson, NYSERDA Director, Bureau of Radiation Protection - Pennsylvania Department of Environmental Protection Rich Janati, Pennsylvania Bureau of Radiation Protection D. A. Tancabel, State of Maryland

ATTACHMENT 1 Evaluation of Proposed Changes 1.0

SUMMARY

DESCRIPTION This license amendment request proposes to delete from the Facility Operating Licenses (FOL) certain license conditions which impose specific requirements on the decommissioning trust agreements. Exelon Generation Company, LLC (EGC) has elected to subject its decommissioning trust agreements to the regulatory requirements for decommissioning trust funds that are specified in 10 CFR 50.75(h). The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform to the regulations adopted in 2002 (Reference 1) and as amended in 2003 (Reference 2) is consistent with the NRC's stated intent in the Final Rule for Decommissioning Trust Provisions published in the Federal Register and is specifically contemplated by the provisions of 10 CFR 50.75(h)(5),

and the generic finding of no significant hazards consideration in 10 CFR 50 .75(h)(4).

2.0 DETAILED DESCRIPTION In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (EGC), requests an amendment to Renewed Facility Operating License (FOL) Nos. NPF-72 and NPF-77 for Braidwood Station, Units 1 and 2, Renewed FOL Nos. NPF-37 and NPF-66 for Byron Station, Units 1 and 2, FOL No. NPF-62 for Clinton Power Station, Unit 1, FOL No. DPR-2 and Renewed FOL Nos. DPR-19 and DPR-25 for Dresden Nuclear Power Station , Units 1, 2 and 3, Renewed Facility Operating License No. DPR-59 for James A. FitzPatrick Nuclear Power Plant, Renewed Facility Operating License No. DPR-18 for R.E. Ginna Nuclear Power Plant, Renewed FOL Nos. NPF-11 and NPF-18 for LaSalle County Station, Units 1 and 2, Renewed FOL Nos. NPF-39 and NPF-85 for Limerick Generating Station , Units 1 and 2, Renewed FOL Nos. DPR-63 and NPF-69 for Nine Mile Point Nuclear Station, Units 1 and 2, FOL No. DPR-12 and Renewed FOL Nos.

DPR-44 and DPR-56 for Peach Bottom Atomic Power Station, Units 1, 2 and 3, and Renewed FOL Nos. DPR-29 and DPR-30 for Quad Cities Nuclear Power Station, Units 1 and 2.

Upon approval of this amendment, the provisions of 10 CFR 50.75(h) that specify the regulatory requirements for decommissioning trust funds will apply. In addition, the proposed change deletes certain historical license conditions related to the decommissioning trust agreement that are no longer applicable.

In 2002 (Reference 1), the NRC amended the regulations under 10 CFR 50.75(e) and added new provisions at 10 CFR 50. 75(h)(1) through (4) that govern financial assurance mechanisms for licensees that are not "electric utilities" as defined in 10 CFR 50.2. EGC is not an "electric utility" since EGC does not recover the cost of electricity generated through rates established by itself or by a separate regulatory authority. In the 2002 rulemaking, the NRC addressed several comments regarding potential conflicts or inconsistencies between the provisions of 10 CFR 50 .75(h) and a licensee's existing decommissioning trust-related license conditions .

The NRC explained that "licensees will have the option of maintaining their existing license conditions or submitting to the new requirements" and "will be able to decide for themselves whether they prefer to keep or eliminate their specific license conditions ." To support the option to amend and eliminate these license conditions, the NRC made a generic determination in Page 1

ATTACHMENT 1 Evaluation of Proposed Changes 10 CFR 50.75(h)(4) that a license amendment which does no more than delete specific license conditions relating to the terms and conditions of decommissioning trust agreements involves "no significant hazards consideration."

In November 2003 (Reference 2), the NRC added new section 10 CFR 50.75(h)(5) to the regulations , which codifies the NRC's stated intention of allowing licensees to choose to either maintain their existing license conditions or eliminating them in favor of complying with the new regulatory requirements. 10 CFR 50 .75(h)(5) states:

The provisions of paragraphs (h)(1) through (h)(3) of this section do not apply to any licensee that as of December 24, 2003, has existing license conditions relating to decommissioning trust agreements, so long as the licensee does not elect to amend those license conditions. If a licensee with existing license conditions relating to decommissioning trust agreements elects to amend those conditions, the license amendment shall be in accordance with the provisions of paragraph (h) of this section .

Consistent with 10 CFR 50. 75(h)(5), EGC has elected to adopt the requirements of 10 CFR 50 .75(h) by requesting deletion of those license conditions that are currently incorporated in the FOLs 1 . In addition, EGC is requesting deletion of certain historical license conditions related to the decommissioning trust agreement that are no longer applicable.

2.1 Nine Mile Point Nuclear Station Unit 2 The Long Island Lighting Company (LIPA) and EGC share ownership of Nine Mile Point Unit 2.

LIPA provided concurrence to EGC, via electronic mail on July 18, 2019, regarding the proposed changes to remove license conditions associated with the decommissioning trust agreement (i.e., license conditions 9, 13.a, 13.b, 13.c, 13.d, 13.e, 14, and 15).

2.2 Peach Bottom Atomic Power Station Unit 2 and Unit 3 Public Service Enterprise Group (PSEG) Nuclear and EGC share ownership of Peach Bottom, Unit 2 and Unit 3. PSEG Nuclear provided concurrence to EGC, via electronic mail on June 13, 2019, regarding the proposed changes to remove license conditions associated with the decommissioning trust agreement (i.e. , license conditions 5.a. and 5.b. for both units).

3.0 TECHNICAL EVALUATION

The following table summarizes the specific FOLs License Conditions requested for deletion and how they are addressed in the regulations.

1 EGG shares ownership of Quad Cities with Mid-American . In their cause the part of the trust they own is subject to 10 CFR 50 .75(h) . This license amendment only affects the FOL, which is held by EGG .

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ATTACHMENT 1 Evaluation of Proposed Changes Table 1. License Conditions addressed 10 CFR 50.75 Specific License Condition 2 Unit Regulatory Requirement Section The decommissioning Braidwood Unit 1 10.a In the 2002 rulemaking trust agreement must Braidwood Unit 2 9.a (Reference 1), the NRC be in a form Byron Unit 1 20 .a stated : "The amendments to acceptable to the Byron Unit 2 9.a NRC's requirements for NRC. Clinton 15 decommissioning trust Dresden Unit 1 9.a provisions of nuclear power Dresden Unit 2 12.a plants require that Dresden Unit 3 T.1 decommissioning trust FitzPatrick N/A agreements be in a form Ginna 7.b acceptable to the NRC in LaSalle Unit 1 40.a order to increase assurance LaSalle Unit 2 24 .a that an adequate amount of Limerick Unit 1 19.a decommissioning funds will Limerick Unit 2 7.a be available for their Nine Mile Point Unit 1 10.a intended purpose."

Nine Mile Point Unit 2 13.a Peach Bottom Unit 1 5.a Peach Bottom Unit 2 8.a Peach Bottom Unit 3 8.a Quad Cities Unit 1 Q.1 Quad Cities Unit 2 P.1 2 The license conditions have been paraphrased . For the exact wording refer to FOLs markup in .

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ATTACHMENT 1 Evaluation of Proposed Changes Specific License Condition 2 Unit Regulatory Requirement Section With respect to the Braidwood Unit 1 10.b 10 CFR 50.75(h)(1)(i)(A) decommissioning trust Braidwood Unit 2 9.b "The trustee, manager, fund, investments in Byron Unit 1 20.b investment advisor, or other the securities or other Byron Unit 2 9.b person directing investment obligations of Exelon Clinton 16 of the funds : Is prohibited Corporation or Dresden Unit 1 9.b from investing the funds in affiliates thereof, or Dresden Unit 2 12.b securities or other obligations their successors or Dresden Unit 3 T.2 of the licensee or any other assigns are FitzPatrick NIA owner or operator of any prohibited. Except for Ginna NIA nuclear power reactor or their investments tied to LaSalle Unit 1 40.b affiliates, subsidiaries, market indexes or LaSalle Unit 2 24.b successors or assigns , or in other non-nuclear Limerick Unit 1 19.b a mutual fund in which at sector mutual funds , Limerick Unit 2 7.b least 50 percent of the fund investments in any Nine Mile Point Unit 1 10.b is invested in the securities of entity owning one or Nine Mile Point Unit 2 13.b a licensee or parent more nuclear power Peach Bottom Unit 1 5.b company whose subsidiary is plants are prohibited. Peach Bottom Unit 2 5.b.2 & 8.b an owner or operator of a Peach Bottom Unit 3 5.b.2 & 8.b foreign or domestic nuclear Quad Cities Unit 1 Q.2 power plant. However, the Quad Cities Unit 2 P.2 funds may be invested in securities tied to market indices or other non-nuclear sector collective, commingled, or mutual funds, provided that this subsection shall not operate in such a way as to require the sale or transfer either in whole or in part, or other disposition of any such prohibited investment that was made before the publication date of this rule, and provided further that no more than 10 percent of trust assets may be indirectly invested in securities of any entity owning or operating one or more nuclear power plants."

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ATTACHMENT 1 Evaluation of Proposed Changes Specific License Condition 2 Unit Regulatory Requirement Section The decommissioning Braidwood Unit 1 10.c 10 CFR 50.75(h)(1)(iv) trust agreement for Braidwood Unit 2 9.c "Except for withdrawals being the Unit, must provide Byron Unit 1 20.c made under§ 50.82(a)(8) or that no disbursements Byron Unit 2 9.c for payments of ordinary or payments from the Clinton 17 administrative costs trust shall be made by Dresden Unit 1 9.c (including taxes) and other the trustee unless the Dresden Unit 2 12.c incidental expenses of the trustee has first given Dresden Unit 3 T.3 fund (including legal, the Director of the FitzPatrick N/A accounting, actuarial, and Office of Nuclear Ginna N/A trustee expenses) in Reactor Regulation 30 LaSalle Unit 1 40.c connection with the operation days prior written LaSalle Unit 2 24.c of the fund , no disbursement notice of payment. Limerick Unit 1 19.c or payment may be made The decommissioning Limerick Unit 2 7.c from the trust, escrow trust agreement shall Nine Mile Point Unit 1 10.c account, Government fund, further contain a Nine Mile Point Unit 2 13.c orotheraccountusedto provision that no Peach Bottom Unit 1 5.c segregate and manage the disbursements or Peach Bottom Unit 2 5.b.3 &8.c funds until written notice of payments from the Peach Bottom Unit 3 5.b.3 &8.c the intention to make a trust shall be made if Quad Cities Unit 1 Q.3 disbursement or payment the trustee receives Quad Cities Unit 2 P.3 has been given to the prior written notice of Director, Office of Nuclear objection from the Reactor Regulation, Director, NRC. Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment.

The disbursement or payment from the trust, escrow account, Government fund or other account may be made following the 30-working day notice period if the person responsible for managing the trust, escrow account, Government fund, or other account does not receive written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Page 5

ATTACHMENT 1 Evaluation of Proposed Changes Specific License Condition 2 Unit Regulatory Requirement Section Safety and Safeguards, as applicable, within the notice period. Disbursements or payments from the trust, escrow account, Government fund, or other account used to segregate and manage the funds, other than for payment of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund , are restricted to decommissioning expenses or transfer to another financial assurance method acceptable under paragraph (e) of this section until final decommissioning has been completed. After decommissioning has begun and withdrawals from the decommissioning fund are made under§ 50.82(a)(8), no further notification need be made to the NRC."

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ATTACHMENT 1 Evaluation of Proposed Changes Specific License Condition 2 Unit Regulatory Requirement Section The decommissioning Braidwood Unit 1 10.d 10 CFR 50.75(h)(1)(iii) trust agreement must Braidwood Unit 2 9.d "The trust, escrow account, provide that the Byron Unit 1 20.d Government fund, or other agreement cannot be Byron Unit 2 9.d account used to segregate amended in any Clinton 18 and manage the funds may material respect Dresden Unit 1 9.c not be amended in any without 30 days prior Dresden Unit 2 12.d material respect without written notification to Dresden Unit 3 T.4 written notification to the the Director of the FitzPatrick NIA Director, Office of Nuclear Office of Nuclear Ginna NIA Reactor Regulation, Director, Reactor Regulation. LaSalle Unit 1 40.d Office of New Reactors, or LaSalle Unit 2 24.d Director, Office of Nuclear Limerick Unit 1 19.d Material Safety and Limerick Unit 2 7.d Safeguards, as applicable, at Nine Mile Point Unit 1 10.d least 30 working days before Nine Mile Point Unit 2 13.d the proposed effective date Peach Bottom Unit 1 5.d of the amendment. The Peach Bottom Unit 2 5.b.4 & 8.d licensee shall provide the Peach Bottom Unit 3 5.b.4 & 8.d text of the proposed Quad Cities Unit 1 Q.4 amendment and a statement Quad Cities Unit 2 P.4 of the reason for the proposed amendment. The trust, escrow account, Government fund, or other account may not be amended if the person responsible for managing the trust, escrow account, Government fund, or other account receives written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period" Page 7

ATTACHMENT 1 Evaluation of Proposed Changes Specific License Condition 2 Unit Regulatory Requirement Section The appropriate Braidwood Unit 1 10.e 10 CFR 50.75(h)(1)(i)(B) section of the Braidwood Unit 2 9.e "Is obligated at all times to decommissioning trust Byron Unit 1 20.e adhere to a standard of care agreement shall state Byron Unit 2 9.e set forth in the trust, which that the trustee, Clinton 19 either shall be the standard investment advisor, or Dresden Unit 1 9.d of care, whether in investing anyone else directing Dresden Unit 2 12.e or otherwise, required by the investments made Dresden Unit 3 T.5 State or Federal law or one in the trust shall FitzPatrick NIA or more State or Federal adhere to a "prudent Ginna NIA regulatory agencies with investor" standard, as LaSalle Unit 1 40.e jurisdiction over the trust specified in LaSalle Unit 2 24.e funds, or, in the absence of 18 CFR 35.32(a)(3) of Limerick Unit 1 19.e any such standard of care, the Federal Energy Limerick Unit 2 7.e whether in investing or Regulatory Nine Mile Point Unit 1 10.e otherwise, that a prudent Commission's Nine Mile Point Unit 2 13.e investor would use in the regulations. Peach Bottom Unit 1 5.e same circumstances . The Peach Bottom Unit 2 5.b.5 &8.e term "prudent investor," shall Peach Bottom Unit 3 5.b.5 &8.e have the same meaning as Quad Cities Unit 1 Q.5 set forth in the Federal Quad Cities Unit 2 P.5 Energy Regulatory Commission's "Regulations Governing Nuclear Plant Decommissioning Trust Funds" at 18 CFR 35.32(a)(3), or any successor requlation."

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ATTACHMENT 1 Evaluation of Proposed Changes Specific License Condition 2 Unit Regulatory Requirement Section Exelon Generation Braidwood Unit 1 11 This license condition is no Company, LLC shall Braidwood Unit 2 10 longer needed, based on take all necessary Byron Unit 1 21 the provisions of steps to ensure that Byron Unit 2 10 10 CFR 50.75(h) and EGC's the decommissioning Clinton 20 decision to comply with that trust is maintained in Dresden Unit 1 10 section's decommissioning accordance with the Dresden Unit 2 13 trust agreement application for Dresden Unit 3 u requirements. In addition, approval of the FitzPatrick Q as noted in the 2002 transfer of the Unit, Ginna 7.c rulemaking, "the NRC has license and the LaSalle Unit 1 41 always believed that it is requirements of the LaSalle Unit 2 25 preferable and more Order approving the Limerick Unit 1 20 efficient to adopt standard transfer, and Limerick Unit 2 8 rules , as opposed to consistent with the Nine Mile Point Unit 1 11 applying specific license safety evaluation Nine Mile Point Unit 2 14 conditions on a case-by-supporting the Order. Peach Bottom Unit 1 6 case basis" (Reference 1).

Peach Bottom Unit 2 5.a & 9 This license condition is Peach Bottom Unit 3 5.a & 9 effectively addressed by the Quad Cities Unit 1 R standard requirements Quad Cities Unit 2 Q codified in the regulations.

The decommissioning Peach Bottom Unit 2 5.b.1 This license condition is trust agreement shall Peach Bottom Unit 3 5.b.1 effectively addressed by the provide that: standard requirements

- The use of assets in codified in the regulations in both the qualified and 10 CFR 50.75(h)(1)(iv) .

nonqualified funds shall be limited to expenses related to decommissioning of the unit as defined by the NRC in its regulations and issuances, and as provided in the unit's license and any amendments thereto.

However, upon completion of decommissioning, as defined above, the assets may be used for any purpose authorized by law.

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ATTACHMENT 1 Evaluation of Proposed Changes In addition, the proposed change deletes certain historical license conditions related to the decommissioning trust agreement that are no longer applicable. The table below summarizes the historical items being included for deletion .

Table 2. Historical License Conditions Requested for Deletion License Condition 3 Unit Specific Section Exelon Generation Company, LLC, Braidwood Unit 1 9 shall have decommissioning trust funds Braidwood Unit 2 8 for the Unit in the following amount Byron Unit 1 19 when the Unit is transferred to Exelon Byron Unit 2 8 Generation Company, LLC. Clinton N/A Dresden Unit 1 8 Dresden Unit 2 11 Dresden Unit 3 s Fitz Patrick p Ginna 7.a LaSalle Unit 1 39 LaSalle Unit 2 23 Limerick Unit 1 18 Limerick Unit 2 6 Nine Mile Point Unit 1 9 Nine Mile Point Unit 2 12 Peach Bottom Unit 1 N/A Peach Bottom Unit 2 7 Peach Bottom Unit 3 7 Quad Cities Unit 1 p Quad Cities Unit 2 0 At the time any subject direct transfer is Nine Mile Point Unit 1 12 effected , NMP LLC shall enter or Nine Mile Point Unit 2 15 shall have entered into an intercompany credit agreement with Constellation Energy Group (CEG),

Inc., or New Controlled, whichever entity is the ultimate parent of NMP LLC at that time , in the form and on the terms represented in the Application for license transfer. Should New Controlled become the ultimate parent of NMP LLC following the direct transfer of the license to NMP LLC, NMP LLC shall enter or shall have entered into a substantially identical intercompany credit agreement 3 The historical license conditions have been paraphrased . For the exact wording refer to FOLs markup in Attachment 2.

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ATTACHMENT 1 Evaluation of Proposed Changes with New Controlled at the time New Controlled becomes the ultimate parent; in such case, any existing intercompany credit agreement with CEG, Inc. may be canceled once the intercompany credit agreement with New Controlled is established . Except as otherwise provided above, NMP LLC shall take no action to void, cancel, or modify any intercompany credit agreement referenced above, without the prior written consent of the Director of the Office of Nuclear Reactor ReQulation.

4.0 REGULATORY ANALYSIS

4.1 Applicable Regulatory Requirements/Criteria The proposed changes have been evaluated to determine whether applicable regulations and requirements continue to be met. EGC has determined that the proposed changes do not require any exemptions or relief from regulatory requirements .

As summarized on Table 1 in section 3.0, the regulatory requirements applicable to this amendment request are stated in 10 CFR 50 .75, "Reporting and record keeping for decommissioning planning," more specifically, the provisions under 10 CFR 50.75(h).

4.2 Precedent

  • Indian Point Nuclear Generating Unit Nos.1 and 2 License Amendment Nos. 61 and 289 were issued on March 21, 2019 (Reference 3).
  • Oyster Creek Nuclear Generation Station License Amendment No. 291 was issued on June 23, 2017 (Reference 4).
  • Indian Point Nuclear Generating Unit No.3 License Amendment No. 262 was issued on January 30, 2017 (Reference 5).
  • Comanche Peak Steam Electric Station License Amendment No. 103 was issued on May 15, 2003 (Reference 6).

4.3 No Significant Hazards Consideration Determination Analysis In accordance with 10 CFR 50 .90, "Application for amendment of license, construction permit, or early site permit," Exelon Generation Company, LLC (EGC), requests an amendment to Renewed Facility Operating License (FOL) Nos. NPF-72 and NPF-77 for Braidwood Station, Page 11

ATTACHMENT 1 Evaluation of Proposed Changes Units 1 and 2, Renewed FOL Nos. NPF-37 and NPF-66 for Byron Station, Units 1 and 2, FOL No. NPF-62 for Clinton Power Station, Unit 1, FOL No. DPR-2 and Renewed FOL Nos. DPR-19 and DPR-25 for Dresden Nuclear Power Station, Units 1, 2 and 3, Renewed Facility Operating License No. DPR-59 for James A. FitzPatrick Nuclear Power Plant, Renewed Facility Operating License No. DPR-18 for RE. Ginna Nuclear Power Plant, Renewed FOL Nos. NPF-11 and NPF-18 for LaSalle County Station, Units 1 and 2, Renewed FOL Nos. NPF-39 and NPF-85 for Limerick Generating Station , Units 1 and 2, Renewed FOL Nos. DPR-63 and NPF-69 for Nine Mile Point Nuclear Station, Units 1 and 2, FOL No. DPR-12 and Renewed FOL Nos.

DPR-44 and DPR-56 for Peach Bottom Atomic Power Station, Units 1, 2 and 3, and Renewed FOL Nos. DPR-29 and DPR-30 for Quad Cities Nuclear Power Station, Units 1 and 2.

The amendment request proposes to delete from the FOLs certain license conditions which impose specific requirements on the decommissioning trust agreements. Upon approval of this amendment, the provisions of 10 CFR 50 .75(h) that specify the regulatory requirements for decommissioning trust funds will apply. The option to delete license conditions relating to the terms and conditions of decommissioning trust agreements and, instead, conform to the 10 CFR 50.75(h) regulations adopted in 2002 (Reference) is specifically contemplated by the provisions of 10 CFR 50 .75(h)(5), and the generic finding of no significant hazards consideration in 10 CFR 50.75(h)(4 ). In addition, the proposed change deletes certain historical license conditions related to the decommissioning trust agreement that are no longer applicable.

EGC has evaluated the proposed change against the criteria of 10 CFR 50.92(c) to determine if the proposed change results in any significant hazards. The following is the evaluation of each of the 10 CFR 50.92(c) criteria :

1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

Response : No The requested changes delete license conditions pertaining to Decommissioning Trust Agreements currently in the FOL. The requested changes are consistent with the types of license amendments permitted in 10 CFR 50 .75(h)(4).

The regulations of 10 CFR 50. 75(h)(4) state: "Unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility that does no more than delete specific license conditions relating to the terms and conditions of decommissioning trust agreements involves "no significant hazard considerations."

This request involves changes that are administrative in nature. No actual plant equipment or accident analyses will be affected by the proposed changes .

Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

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ATTACHMENT 1 Evaluation of Proposed Changes

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

Response : No This request involves administrative changes to the license that will be consistent with the 10 CFR 50. 75(h). No actual plant equipment or accident analyses will be affected by the proposed change and no failure modes not bounded by previously evaluated accidents will be created.

Therefore , the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated .

3. Does the proposed change involve a significant reduction in a margin of safety?

Response : No This request involves administrative changes to the license that will be consistent with the 10 CFR 50. 75(h). No actual plant equipment or accident analyses will be affected by the proposed change . Additionally, the proposed changes will not relax any criteria used to establish safety limits, will not relax any safety systems settings, or will not relax the bases for any limiting conditions of operation.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, EGC concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, complies with the "generic" determination in 10 CFR 50.75(h)(4), accordingly, a finding of "no significant hazards consideration" is justified.

4.4 Conclusions 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 EVALUATION The proposed amendment involves (i) changes to surety, insurance, and/or indemnity requirements , or (ii) changes to recordkeeping , reporting, or administrative procedures or requirements . Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(10). Therefore, pursuant to 10 CFR 51.22(b),

no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

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ATTACHMENT 1 Evaluation of Proposed Changes

6.0 REFERENCES

1. Volume 67, Federal Register, Page 78332 (67 FR 78332), dated December 24, 2002
2. Volume 68, Federal Register, Page 65388 (68 FR 65388), dated November 20, 2003
3. Letter from Richard V. Guzman (U.S. NRC) to Entergy, "Indian Point Nuclear Generating Unit Nos. 1 And 2 - Issuance of Amendment No. 61 And No. 289 Re:

Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions (EPID L-2018-LLA-0180)," dated March 21 , 2019

4. Letter from John G. Lamb (U.S. NRC) to Bryan Hanson (EGC), "Oyster Creek Nuclear Generating Station - Issuance of Amendment RE: Deletion of Facility Operating License Conditions Related to Decommissioning Trust Provisions (CAC NO. MF9293)," dated June 23, 2017
5. Letter from Diane L. Render (U. S. NRC) to Brian Sullivan (Entergy), "Indian Point Nuclear Generating Unit No. 3 and James A. Fitzpatrick Nuclear Power Plant - Issuance of Amendments Re: Application for Order to Transfer Master Decommissioning Trust from The Power Authority of The State Of New York to Entergy Nuclear Operations, Inc.,

Consenting to Amendments to Trust Agreement, and Approving Proposed License Amendments to Modify and Delete Decommissioning Trust License Conditions Upon the Transfer of Trust Funds (CAC NOS . MF8288 AND MF8289)," dated January 30 , 2017

6. Letter from David H. Jaffe (U.S. NRC) to C. Lance Terry (TXU Energy), "Comanche Peak Steam Electric Station (CPSES), Units 1 and 2 - Issuance of Amendments Re:

Deletion of Unnecessary License Conditions and Reporting Requirements (TAC NOS .

MB5770 and MB5771)," dated May15, 2003 Page 14

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.1 Braidwood Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-72 and NPF-77 Revised Operating License Braidwood Unit 1 Braidwood Unit 2 Page4 Page4 Page 5 Page 5

(3) Emergency Planning In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's final rule, 44 CFR Part 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provision of 10 CFR Section 50.54(s)(2) will apply.

(4) Deleted.

(5) Deleted.

(6) Deleted.

(7) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 193, are hereby incorporated into this renewed license.

The licensee shall operate the facility in accordance with the Additional Conditions.

(8) Exelon Generation Company shall provide to the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric

i energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company's consolidated net utility plant, as recorded on

!Deleted. Exelon Generation Company's books of account.

(9) Exelon Generatien Cemf)any sl"lall l"lave deeemmissiening trust funds fer Braidweed, Unit 1, in tl"le f-ellewing minimum ameunt, "Nl"len Braid*Need, Unit 1, is transf'erred te Exelon Generation Cemf)any:

IDeleted . Braidwood Unit 1 $154,273 ,345

~)

~

(1 The deoommissieniRg lrusl agreement fer Braidwood, Unit 1, at the lime tile transfer ef tl"le unit te Exelon Generation Cemf)afly is effeeted afld tl"ler=eafter, is subjeet te tl"le fellowing :

fa} Tl"le eleeemmissiening trust agreement must be in a f-erm aeeef)table te tne NRG.

tb} Witn resl'eet te tl"le deeemmissiening trust fund , in*;<estments in tl"le seeurities er etl"ler obligations ef Exelon Cerperatien er affiliates tl"lereef, er tl"leir sueeessers er assigns are f)rol"libited . Exeept f-er in*;<estments tied te market indexes er etl"ler nen nuelear seeter mutual funds , il'!';<estments in any entity ev.*ning efle er mere Auelear power plants are prol"libited.

Renewed License No. NPF-72 Amendment No. 498

The decommissioning trust agreement for Braidwood , Unit 1, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direetor of the Offiee of Nuelear Reaetor Regulation 30 days prior written notiee of payment. The deeommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee reeei*ves prior written notice of objection from the NRG.

td} The decommissioning trust agreement must pro*vide that the agreement ean not be amended in any material respect without 30 days prior written notifieation to the Direetor of the Offiee of Nuelear Reaetor Regulation .

te} The appropriate section of the decommissioning trust agreement shall state that the trustee, investment ad*visor, or anyone else directing the in*vestments made in the trust shall adhere to a "prudent in*vestor" standard, as specified in 18 CFR 35.32(a)(3) of the Federal IDeleted . ~ Energy Regulatory Commission's regulations.

(11) Exelon Generation Company shall take all neeessary steps to ensure that the decommissioning trust is maintained in aceordance *.vith the application for appro*val of the transfer of the Braid*NOod, Unit 1, license and the requirements of the Order approving the transfer, anel coAsistent with the safety e*valuation supporting the Order.

(12) Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures Renewed License No. NPF-72 Amendment No. 1-98 I

(3) Emergency Planning In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's final rule, 44 CFR Part 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provision of 10 CFR Section 50 .54(s)(2) will apply.

( 4) Deleted.

(5) Deleted.

(6) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 193, are hereby incorporated into this renewed license.

The licensee shall operate the facility in accordance with the Additional Conditions.

(7) Exelon Generation Company, LLC, shall provide to the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company, LLC, to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent ( 10%) of Exelon Generation Company's consolidated net utility plant, as recorded on Exelon Generation IDeleted. ~ Company, LLC's books of account.

(B) Exelo11 Generation Company , LLC, sliall liave decommissioning trust funds for Braidwood , Unit 2, in tlie following minimum amount, 'Qvlien

i Braidwood , Unit 2 , is transferred to Exelon Generation Company, LLC:

!Deleted . Braidwood Unit 2 $154,446,967 (9) The deco111missio1 rir rg trust agreemer rt for Braidwood , Unit 2 , at the time the transfer of the unit to Exelon Generation Company , LLC is effected and thereafter, is subject to the following:

(aJ Tl 1e de con rni issio11i11g trust agreement n rust be in a form acceptable to the NRG.

(b) With respect to the decon1111issioning trust fund , investments in the securities or othe1 obligatio11s of Exelo11 Corporatio11 or affiliates ll rereof, 01 their successors or assig11s are prohibited. Except for i11vesli 11e1 its lied to n rarket indexes or other no11-11uclear sector 11 mtual fu11ds, i11vest111e11ts i11 a119 e11tity ow11i11g 011e or n 1ore 11uclea1 powe1 pla1 its a1 e p1ol1ibited.

(tj Tile deco111111issio11i119 trust ag1eeille11t fo1 81aidwood , U11it 2 , 11mst p1 ovide ti 1al 110 disbar se111e11ls rn pay111e1 its fr 0111 ti re li ust sl rail be Renewed License No. NPF-77 Amendment No. 1%

made by tile trustee unless tile trustee llas first given tne Director of tile Office of Nuclear Reactor Regulation 30 days prior written notice of payment. n1e decommissioning trust agreement shall furtller contain a provision that no disbursements or payments from the trust sllall be made if the trustee receives prior written notice of objection from tile NRG.

fd} The decommissioning trust agreement must provide tnat tne agreement can not be amended in any material respect without 30 days prior *written notification to tne Director of tl'le Office of Nuclear Reactor Regulation .

fe} The appropriate section of tile decommissioning trust agreement sllall state tllat the trustee, investment advisor, or anyone else

'..t directing tile in*vestments made in the trust shall adl'lere to a "prudent investor" standard, as specified in 18 CFR 35.32(a)(3) of IDeleted. the Federal Energy Regulatory Commission's regulations .

(10) Exelon Generation Company, LLC shall take all necessary steps to ensure that the decommissioning trust is maintained in aeeordanee witn the application fer approoal of the transfer of the Braidwood, Unit 2, license and the requirements of the Order approving tne transfer, and ccnsistent witll tile safety evaluation supporting the Order.

( 11) Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures Renewed License No. NPF-77 Amendment No. +98

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.2 Byron Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-37 and NPF-66 Revised Operating License Byron Unit 1 Byron Unit 2 Page4 Page4 Page 5 Page 5 Page 6

(18) Exelon Generation Company, LLC shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application , at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company, LLC to its direct or indirect parent, or to any other affiliated company, facilities for the production , transmission , or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company, LLC's consolidated net utility plant, as recorded on Exelon Generation Company, LLC's IDeleted. h books of account.

(rn) '1t Exelon Generation Company, LLC , shall have deoommissioning trust funds for Byron , Unit 1, in the following minimum amount, when Byron ,

Unit 1, is transferred to Exelon Generation Company, LLC:

!Deleted. h Byron Unit 1 $169,659,917 (20)-W The deoommissioning trust agreement for Byron , Unit 1, at the time the transfer of the unit to Exelon Generation Company, LLC is effeoted and thereafter, is subjeot to the following:

taj The deoommissioning trust agreement must be in a form aooeptable to the f!>JRC .

fbj VVith respeot to the deoommissioning trust fund , investments in the seourities or other obligations of Exelon Corporation or affiliates thereof, or their suooessors or assigns are prohibited . Exoept for investments tied to market indexes or other non nuolear seotor mutual funds , investments in any entity 0 1ming one or more 1

nuolear power plants are prohibited .

The deoommissioning trust agreement for Byron , Unit 1 must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direotor of the Offioe of Nuolear Reaotor Regulation 30 days prior written notioe of payment. The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoeives prior written notioe of objeotion from the f!>JRC .

~ The deoommissioning trust agreement must provide that the agreement oan not be amended in any material respeot without 30 days prior written notifioation to the Direotor of the Offioe of f!>Juolear Reaotor Regulation .

Renewed License No. NPF-37

~ The appropriate section of the decommissioning trust agreement shall state that the trustee , investment advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard , as specified in 18 ci;R 35.32(a)(3) of IDeleted. h the Federal Energy Regulatory Commission 's regu lations.

(21) '-¥ Exelon Generation Company, LLC shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Byron, Unit 1, license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

(22) Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to onsite responders Renewed License No. NPF-37

(3) Deleted.

( 4) Deleted.

( 5) Deleted.

(6) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 198, are hereby incorporated into this renewed license.

The licensee shall operate the facility in accordance with the Additional Conditions.

(7) Exelon Generation Company, LLC, shall provide to the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company, LLC, to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution

'.i of electric energy having a depreciated book value exceeding ten percent

( 10%) of Exelon Generation Company's consolidated net utility plant, as IDeleted. recorded on Exelon Generation Company, LLC's books of account.

(8) Exelon Generation Company, LLC, shall have decommissioning trust funds fer Byron , Unit 2, in the following minimum amount, when Byron , Unit 2, is

'.i transferred to Exelon Generation Company, LLC:

!Deleted. Byron Unit 2 $156 ,560,489 (9) The decommissioning trust agreement fer Byron , Unit 2, at the time the transfer of the unit to Exelon Generation Company, LLC is effected and thereafter, is subject to the fellowing:

ta} The decommissioning trust agreement must be in a form acceptable to the NRG .

{b} 'Nith respect to the decemmissieniflg trust fuRd , iRvestmeflts ifl the securities or ether obligations of Exelon Corporation er affiliates thereof, or their successors or assigfls are prohibited . Except fer investments tied to market ifldexes er ether Ren Ruclear sector mutual funds , in*vestmeflts ifl afly efltit)* ewfliflg ofle er mere Ruclear power plants are prohibited .

(tj The decemmissieniflg trust agreement fer Byrefl , Unit 2 must provide th8t no disbursements or paymeflts from the trust shall be made by the trustee unless the trustee has first givefl the Directer of the Office of Nuclear Reactor Regulation , 30 days prier writtefl flotice ef payment. The deeommissieniflQ trust agreemeflt shall further eefltaifl a provision that ne disbursemeflts er paymeflts from the trust shall be made if the trustee receives prier written notice ef objection from the NRG:

Renewed License No. NPF-66 Amendment No. 204

fd1 Tile decommissioning trust agreement must provide tnat tne agreement can not be amended in any material respect without 30 days prior *written notification to tile Director of tile Office of Nuclear Reactor Regulation .

(e} Tne appropriate section of tne decommissioning trust agreement sllall state tnat tne trustee , in-vestment advisor, or anyone else directing tne investments made in tne trust snall adnere to a "prudent investor" standard , as specified in 18 CFR 35.32(a)(3) of the Federal IDeleted. ~ Energy Regulatol"'J' Commissiofl's regulations.

(rn) Exelofl GeF1eratioF1 Company, LLG sllall take all flecessary steps to ensure tllat tile decommissioniflg trust is maiF1taiF1ed ifl aceordaflee witn tne applicatiofl for approval of tne transfer of tile Byrofl, Uflit 2, liceflse and tne requirements of tne Order appro*viflg tne transfer, and consistent witn tne safety evaluatiofl supporting tne Order.

( 11 ) Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to onsite responders (12) License Renewal License Conditions (a) The information in the UFSAR supplement, submitted pursuant to 10 CFR 54.21(d), as revised during the license renewal application review process, and as supplemented by the Commitments applicable to Byron Unit 2 in Appendix A of the "Safety Evaluation Report Related to the License Renewal of Byron Station, Units 1 and 2, and Braidwood Station, Units 1 and 2" (SER) dated July 2015, is collectively the "License Renewal UFSAR Supplement." This Renewed License No. NPF-66 Amendment No. 2e4 I

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.3 Clinton Power Station, Unit 1 Facility Operating License No. NPF-62 Revised Operating License Page 5 Page 6

License Transfer Conditions (10) De leted.

(11) Deleted.

(12) Deleted .

(13) Deleted.

IDeleted. (14) Deleted

+

(15) t The decommissioning tn,1st agreement for OPS ml.1st ee in a form IDeleted. acceptable to the NFIG.

(16) t 'Nlth respect to the decommissioning trust fund , investments in the securities or other obligations of Exelon Corporation, Exelon Generation Company or affiliates thereoi, or their successors or assigns shall ee prohieited. E>Ecept for t-investments tied to market index.es or other nonnuclear seater mutual funds ,

investments in any entity owning one or more nuclear power plants are IDeleted .

prohieited.

The decommissioning trust agreement for CPS must provide that no diseursements or payments from the trust shall ee made ey the trustee until the trustee has first given the NRG ao days prior written notiee of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of oejection from the Director, IDeleted. Office of Nuclear Fleactor Regulation.

The deeommissioning trust agreement must provide that the agreement cannot ee amended in any material respect without the prior written IDeleted. consent of the Director, Offiee of Nuelear Reaetor Regulation .

The appropriate section of the decommissioning trust agreement shall reflect that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard , as specified in 18 GFA ae .a2(a) (3) of the Federal Energy Regulatory Commission's regulations.

Amendment No . ~

Correction letter of 6 14 2004 Revised ey letter dated July 26, 2007

IDeleted .

(20) \V E:w:elel"I GeReratiel"I Compal"ly, LLC shall take all rieeessary steps te eRsure r that the deeemmissiening trust is maintained in aeeordanee with the application fer aprm,.,al of the transfer of the Clinton license to it and tfle requiremel'lts ef the Order appre11iRg tne transfer, al"ld eel"lsis1ent with the safety e11aluatien SUf'porting tfle Order.

(21) Deleted Amendment No. t Correetion letter of 6-14 2004 Revised by letter dated July 26 , 2007

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.4 Dresden Nuclear Power Station, Units 1, 2 and 3 Facility Operating License No. DPR-2 Renewed Facility Operating License Nos. DPR-19 and DPR-25 Revised Operating License Dresden Unit 1 Dresden Unit 2 Dresden Unit 3 Page4 Page 5 Page 6 Page 5 Page 6 Page 7

(7) Exelon Generation Company, LLC shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application , at the time it is filed , to transfer (excluding grants of security interests or liens) from Exelon Generation Company, LLC to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value 1

exceeding ten percent (10%) of Exelon Generation Company, LLC's consolidated net utility plant, as recorded on Exelon

!Deleted. Generation Company, LLC's books of account.

.___ _ _ _ (8"""") Exelon Generation Company, LLC shall have deoommissioning trust funds for Dresden , Unit 1, in the following minimum amount, Vt'hen Dresden , Unit 1, is transfe rred to Exelon Generation Company, LLC:

l. .D_e_le_te_d_.

. _ __.1 DresdeA , UAil 1 $92,836,082 (9) The deoommissioning trust agreement for Dresden , Unit 1, at the time the transfe r of the unit to Exelon Generation Company, LLC is effeoted and thereafter, is subjeot to the follmving:

fat The deoommissioning trust agreement must be in a form aooeptable to the NRG.

VVith respeot to the deoommissioning trust fund ,

investments in the seourities or obligations of Exelon Corporation or affiliates thereof, or their suooessors or assigns are prohibited . Exoept for investments tied to marl*m t indexes or other non nuolear seater mutual funds , investments in any entity owning one or more nuolear power plants are prohibited .

The deoommissioning trust agreement for Dresden , Unit 1, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direotor of the Offioe of

~Juolear Roaster Regulation , 30 days prior written notioe of payment. The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoeives prior written notioe of objeotion from the NRG .

(o) The deoommissioning trust agreement must provide that the agreement oan not be amended in any material respeot 'Nithout 30 days prior written notifioation to the Direotor of the Offioe of ~Juolear Roaster Regulation .

fat The appropriate seotion of the deoommissioning trust agreement shall state that the trustee , investment

advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard ,

as specified in 18 CrR 35 .32(a)(3) of the rederal IDeleted . ~ Energy Regulatory Commission 's regulations.

(10) faelon Generation Company, LLC s~all take all neoessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of the Dresden , Unit 1, license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

2.D Renumbered. No new paragraph.

2.E Physical Protection The licensee shall fully implement and maintain in effect all provisions of the following Commission approved documents, including amendments and changes made pursuant to the authority of 10 CFR 50 .54(p). These approved documents consist of information withheld from public disclosure pursuant to 10 CFR 2.790(d):

(1) "Security Plan for the Dresden Nuclear Power Station", dated November 18, 1977, as revised May 19, 1978, May 27 , 1978, July 28, 1978 and February 19, 1979.

(2) "Dresden Nuclear Power Station Safeguards Contingency Plan",

dated March 1980, as revised June 27, 1980, submitted pursuant to 10 CFR 73.40. The Contingency Plan shall be fully implemented, in accordance with 10 CFR 73.40(b) , within 30 days of this approval by the Commission.

(3) "Dresden Nuclear Power Station Guard Training and Qualification Plan", submitted by letter, dated August 16, 1979, as revised by letter dated August 11, 1980. This Plan shall be fully implemented in accordance with 10 CFR 73.55(b)(4) , within 60 days of this approval by the Commission. All security personnel shall be qualified within two years of this approval.

2.F Fire Protection The Dresden Administrative Procedures specify the fire protection program . The Dresden Technical Requirements Manual specifies the limiting conditions for operation and surveillance requirements .

+

These provisions are subject to the following :

(7) Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No . .:tQ.:t, are hereby incorporated into this renewed operating license. The licensee shall operate the facility in accordance with the Additional Conditions.

(8) Deleted (9)

(10)

Deleted Exelon Generation Company, LLC shall provide the Director of the Office t-of Nuclear Reactor Regulation a copy of any application , at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company, LLC to its direct or indirect parent, or to any other affiliated company, facilities for the production , transmission , or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company, LLC's consolidated net utility plant, as recorded on Exelon Generation Company, LLC's books of IDeleted . I account.

(11) \lt E:xelon Generation Company, LLC shall have deoommissioning trust funds for Dresden, Unit 2, in the following minimum amount, when Dresden , Unit 2, is transferred to E:xelon Generation Company, LLC :

Dresden , Unit 2 $288 ,233 ,330 IDeleted.

(12) \lt The deoommissioning trust agreement for Dresden , Unit 2, at the time the transfer of the unit to E:xelon Generation Company, LLC is effeoted and thereafter, is subjeot to the following:

fat The deoommissioning trust agreement must be in a form aooeptable to the j')JRC .

~ VVith respeot to the deoommissioning trust fund , investments in the seourities or other obligations of E:xelon Corporation or affiliates thereof, or their suooessors or assigns are prohibited . E:xoept for investments tied to marl<et indexes or other non nuolear seotor mutual funds , investments in any entity 0 1ming one or more 1

nuolear power plants are prohibited .

Renewed License No. DPR-19 Amendment No. ~

The desommissioning trust agreement for Dresden , Unit 2, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direstor of the Offise of Nuslear Roaster Regulation ao days prior written notise of payment. The desommissioning trust agreement shall further sontain a provision that no disbursements or payments from the trust shall be made if the trustee reseives prior written notise of objestion from the ~JRC .

~ The desommissioning trust agreement must provide that the agreement san not be amended in any material respest without ao days prior written notifisation to the Di rester of the Offise of

~Juslear Roaster Regulation .

~ The appropriate sestion of the desommissioning trust agreement shall state that the trustee , investment advisor, or anyone else diresting the investments made in the trust shall adhere to a "prudent investor" standard , as spesified in 18 CFR a5.a2(a)(a) of the Federal Energy Regulatory Commission 's regulations .

IDeleted .

(13) \lt Exelon Generation Company, LLC shall take all nesessary steps to ensure that the desommissioning trust is maintained in assordanse 't't'ith the applisation for approval of the transfer of the Dresden , Unit 2, lisense and the requirements of the Order approving the transfer, and sonsistent with the safety evaluation supporting the Order.

(14) Exelon Generation Company, LLC shall relocate certain Technical Specification requirements to EGG-controlled documents upon implementation of the Amendment No. 185. The items and appropriate documents are as described in Table LA, "Removal of Details Matrix," and Table R, "Relocated Specifications," that are attached to the NRC's Safety Evaluation enclosed with Amendment No. 185.

(15) The schedule for performing Surveillance Requirements (SRs) that are new or revised in Amendment No. 185 shall be as follows :

For SRs that are new in this amendment, the first performance is due at the end of the first surveillance interval that begins on the date of implementation of Amendment No. 185.

For SRs that existed prior to this amendment whose intervals of performance are being reduced, the first reduced surveillance interval begins upon completion of the first surveillance performed after implementation of Amendment No. 185.

Renewed License No. DPR-19

IDeleted.

s.1 ExelaR GeReraliaR GaRJ~aRy, .~all ~ave 8e69RlRlissiaRiR~

LLG  !'"st l<lR8S feF Dresden , Unit 3, in the following minimum amount, when Dresden , Unit 3, is transferred to Exelon Generation Company, LLC:

IDeleted.

T1 Dresden , Unit 3 $262 ,231 ,71 g The deoommission ing trust agreement for Dresden , Unit 3, at the time the transfer of the unit to Exelon Generation Company, LLC is effeoted and thereafter, is subjeot to the following:

fB The deoommission ing trust agreement must be in a form aooeptable to the NRG.

~ VVith respeot to the deoommissioning trust fund , investments in the seourities or other obligations of Exelon Corporation or affiliates thereof, or their suooessors or assigns are prohibited . Ex.sept for investments tied to marl<et index.es or other non nuolear seater mutual funds , investments in any entity owning one or more nuolear power plants are prohibited .

~ The deoommissioning trust agreement for Dresden , Unit 3, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direotor of the O#ioe of f>l uolear Reaotor Regu lation 30 days prior written notioe of payment. The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoeives prior written notioe of objeotion from the f>lRC .

The deoommission ing trust agreement must provide that the agreement oan not be amended in any material respeot without 30 days prior written notifioation to the Direotor of the O#ioe of f>luolear Reaotor Regu lation .

faj The appropriate seotion of the deoommission ing trust agreement shall state that the trustee , investment advisor, or anyone else direoting the investments made in the trust shall adhere to a "prudent investor" IDeleted . h standard , as speoified in 18 CF"R 35.32(a)(3) of the F"ederal Energy Regulatory Comm ission's regulations .

U t Exelon Generation Company, LLC shall tal<e all neoessary steps to ensu re that the deoommissioning trust is maintained in aooordanoe with the applioation for approval of the transfer of the Dresden , Unit 3, lioense and the requ irements of the Order approving the transfer, and oonsistent with the safety evaluation supporting the Order.

V. Exelon Generation Company, LLC shall relocate certain Technical Specification requirements to EGG-controlled documents upon implementation of the Amendment No. 180. The items and appropriate documents are as described in Table LA, "Removal of Details Matrix, " and Table R, "Relocated Specifications,"

Renewed License No. DPR-25

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.5 James A. FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DRP-59 Revised Operating License Page 7

N. DELETED

0. DELETED IDELETED P.1 For purpo*** of on*uring public hoalth and **loty, Exolon Gono"'tion Co.,pany, upon the transfer of this license to it, and upon transfer of decommissioning funds from ENF to Exelon Generation Company shall provide decommissioning funding assurance for the facility, to be held in a decommissioning trust fund for

+

the facility by the prepayment or equivalent method , of no less than the amount required under NRG regulations at 10 CFR 50.75. Any amount held in any decommissioning trust maintained by Exelon Generation Company for the facility IDELETED ~

after the transfer of the facility license to Exelon Generation Company may be credited towards the amount required under this paragraph .

Q.'1t Exelon Generation Company shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for the transfer of this license to Exelon Generation Company, and the requirements of the order approving the transfer and order approving the transfer of decommissioning funds from PASNY to Entergy Nuclear Operations, Inc., and consistent with the safety evaluations supporting such orders.

R. Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to onsite responders Amendment ~

Renewed License No. DPR-59

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.6 R.E. Ginna Nuclear Power Plant Facility Operating License No. DRP-18 Revised Operating License Page 6

3. The licensee shall complete the implementation items listed in LAR Attachment S, Table S-3, "Implementation Items," of Exelon Generation letter dated June 11, 2015, as modified by Exelon Generation letter dated June 30 , 2017, except Implementation Items 9, 10, 11, 12, 13, 14, 15, 19, 21, 23, and 24, by 180 days after NRC approval unless that date falls within a scheduled refueling outage, then implementation will occur 60 days after startup from that scheduled refueling outage. Implementation Items 9, 10, 11, 12, 13, 14, 15, 19, 21, 23, and 24 are associated with modifications described in Table S-2 and will be completed once the related modifications are installed and validated in the PRA model.

(4) Deleted (5) Deleted (6) Deleted IDeleted (7) \!! biseRse +:FaRsfeF fat OR the slosiRg date of the tFaRsfoF of the fasility, GiRRa bbC shall obtaiR from RG&E the grnateF of (1) $200,791 ,928 OF (2) the amouRt Resessmy to meet the miRimum fOFmu la amouRt uRdeF 10 CFR 50 .75 salsulated as of the date of slosiRg foF desommissioRiRg fuRdiRg assumRse foF the fasility, aRd eRsurn the deposit of sush fuRds iRto a desommissioRiRg tFust foF the fasi lity established by GiRRa bbC.

~ +he desommissioRiRg tFUst agrnemeRt must be iR a foFm asseptable to the ~JRC .

GiRRa bbC shall take all ResessaFy steps to eRsurn that the desommissioRiRg tFUst is maiRtaiRed iR assoFdaRse with the applisatioR aRd the rnquirnmeRts of the OFdeF appmviRg liseRse tmRsfoF, aRd shall be soRsisteRt with the Safety EValuatioR supportiRg that OFdeF.

(8) Mitigation Strategy Exelon Generation 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 equ ipment and materials
4. Command and control
5. Training of response personnel R. E. Ginna Nuclear Power Plant Amendment No. 42+

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages)

2. 7 LaSalle County Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-11 and NPF-18 Revised Operating License LaSalle Unit 1 LaSalle Unit 2 Page 7 Page 6 Page 7

IDeleted. \J.t Renewed License No. NPF-11 Am . 146 (39) Exelon Generation Company, LLG shall ha\'e deeommissioning trust 01/12101 fufl_d s, f.or LaSalle Unit 1, in the following minimum amount, when LaSalle ,

Urnt 1, 1s traFisfcrred to Exelofl Generation Company, LLG:

IDeleted. \J.t LaSalle , Unit 1 $226,262 1522 Am . 146 (40) The decommissioning trust agrcemrnt for LaSalle , Unit 1, at the time tt=ie 01/12101 traflsfer of the unit to Exelon Generatiofl Gompafly (EGG) , LLG is effected and thereafter, is subject to the follo*.*;iflg:

~ The decommissioning trust agreement must be in a form acceptable to the N RC.

{fr) With respect to the decommissioning trust fund , im1estments iR the securities or other obligatiofls of Exclofl Corporation or a#iliatos

!hereof, or th~ir sueeessors or assigRs are prohibited . E>me~t for mvestments tied to market indexes or ott=ier non nuclear sector mutual funds, investments in afly entity owning one or more nuclear pm*;er plants are prohibited .

Am . 146 The .deeommissi~ning trust agreement for LaSalle , Unit 1, must 01/12101 provide that no disbursements or payments from tt=ie trust shall be made by ~he trustee uRless tt=ie trustee has first given tRe Director of t~e Office of Nuclear Reactor Regulation, ao days prier written notice of ~yment. The deeommissioniAg trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written rwttee ef objection from tRe NAG.

~ The decommissioning trust agreemeRt must provide that the agreement ean not be amended in any material respect without ao days prior written notification to the Director of the O#ioe of Nuclear Reactor Regulation .

The appropriate seetiofl of the decommissioning trust agreement shall state that the trustee , investment advisor, or aAyone else directing tt=le iR't'estments made iA the trust shall adRere to a "prudeAt investor" standard , as specified in 18 GFR 35 .32(a)(3) of IDeleted. \J.t the Federal Energy Regulatory Commission's regulations.

Am . 146 (41) Exelon Generation Company, LLG shall take all AeeessaA

  • steps to 01112101 ensure that the decommissioAiAg trust is maintained in ae~effiance with the application for approval of the transfer of the LaSalle , URit 1, license end the requirements of the Order approving the transfer aRd consistent with the safety evaluation supporting the Order. '

(42) DELETED

Renewed License No. NPF-18 (20) DELETED Am . 133 (21) Deleted.

03/30/01 Am . 132 (22) EGC shall provide the Director of the Office of Nuclear Reactor 01/12/01 Regulation a copy of any application , at the time it is filed , to transfer (excluding grants of security interests or liens) from EGC to its direct or indirect parent, or to any other affiliated company, facilities for the 1

production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of EGC's IDeleted . consolidated net utility plant, as recorded on EGC's books of account.

Am . 132 (23) EGG shall have decommissioning trust funds for LaSalle , Unit 2, in the 01 /12/01 follov1ing minimum amount, when LaSalle , Unit 2, is transferred to EGG:

!Deleted. ~ LaSalle , UAit 2 $221 ,885 ,059 Am . 132 (24) The decommissioning trust agreement for LaSalle , Unit 2, at the time the 01 /12/01 transfer of the unit to EGG is effected and thereafter, is subject to the follmving:

Ea} The decommissioning trust agreement must be in a form acceptable to the NRG.

Eb} With respect to the decommissioning trust fund , investments in the securities or other obligations of Exelon CorporBtion or affiliates thereof, or their successors or assigns are prohibited . Except for investments tied to market indexes or other non nuclear sector mutual funds , investments in Bony entity owning one or more nuclear power plants are prohibited .

The decommissioning trust Bgreement for LBSB:lle, Unit 2, must provide thB:t no disbursements or pByments from the trust shall be made by the trustee unless the trustee has first given the Director of the Office of Nuclear Reactor Regulation , 30 days prior written notice of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments f1om the trust shall be made if the trustee 1eceives p1ior written notice of objection from the NRG.

td} The decommissio11i11g trust agreeme11t 111ust p1 ovide that the ag 1eement cannot be ame11ded in a11y 111ate1 ial 1espect without 30 days p1 io1 w1itte11 11otificatio11 to ti 1e Di1 ecto1 of ti 1e Office of Nuclea1 Reacto1 Regulatio11 .

Renewed License No. N PF-18 fet The appropriate seotion of the deoommissioning trust agreement shall state that the trustee , investment advisor, or anyone else 1

direoting tho investments made in the trust shall adhere to a "prudent investor" standard , as speoified in 18 GFR 35.32(a) (3) of IDeleted . !Re FeEleral ERef!ly Regulalery GeFRFRissieR's regulalieRs.

Am . 1a2 (2S) EGG shall tal(Q all neoessary steps to ensure that the decommissioning 01/12/01 trust is maintained in accordance with the application for approval of the transfer of the LaSalle , Unit 2, license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

(26) DELETED (27) DELETED Letter dated (28) Mitigation Strategy License Condition 08/09/07 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 coordination 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
6. Training or integrated fire response strategy
7. Spent fuel pool mitigation measures

ATTACHMENT 2 Proposed Facility Operating Licenses (Marked-Up Pages) 2.8 Limerick Generating Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-39 and NPF-85 Revised Operating License Limerick Unit 1 Limerick Unit 2 Page 5 Page 5 Page 6 Page 6

( 16) Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No. 230, are hereby incorporated into this renewed license.

Exelon Generation Company shall operate the facility in accordance with the Additional Cond itions.

( 17) Exelon Generation Company shall provide to the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent ( 10%) of Exelon Generation Company's consolidated net utility plant, as recorded on Exelon Generation Company's books of IDeleted.

( 18~ :::~:~~eneratien Gempony shall ho*e deeemmissiening trost fonds for Limerick, Unit 1, in the fellowing minimum amount, 't't'hen Limerick , Unit 1, is transferred to Exelon Generation Company:

IDeleted. ~ Limerick, Unit 1 $94,1'!7,446 (i9) The deeommissiening trust agreement fer Limeriek, Unit 1, ollhe lime the transfer of the unit to Exelon Generation Company is effected and thereafter, is subject to the following:

ta-} The decommissioning trust agreement must be in a form aeeeptable to the NRG.

With respect to the decommissioning trust fund, in*qoestments in the securities or other obligations of Exelon Corporation or affiliates thereof, or their successors or 21ssigns are prohibited. Except for investments tied to market indexes or other non nuclear seetor mutual funds , investments in any entity ovming one or more nuclear po*fl'eF plants are prohibited.

The decommissioning trust agreement for Limerick, Unit 1, must provide that no disbursements or payments from the trust shall be made by the trustee uflless the trustee has first given the Director of the Office of Nuclear Reseter Regulation 30 days prior written notice of paymeflt. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior 'fl'ritten notice of objection from the NRG.

Renewed License No. NPF-39 Amendment No. 239

~ The decommission ing trust agreement must provide that the agreement can not be amended in any material respect without 30 days prior written notification to the Director of the Office of

~Jucl ear Reactor Regulation .

~ The appropriate section of the decommissioning trust agreement shall state that the trustee , investment advisor, or anyone else directing the investments made in the trust shall adhere to a h

"prudent investor" standard , as specified in 18 ci;R 35.32(a)(3) of IDeleted. the Federal Energy Regu latory Commission 's regulations.

(20) '1t Exelon Generation Company shall take all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for approval of the transfer of Limerick, Unit 1, renewed license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

(21) Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to onsite responders Renewed License No. NPF-39

(6~ Geffi~aAy ~eseffiffiissieAiAg fl<A~s

!Deleted.

E*eleA GeAeF<llieA shall have t'"sl fer Limeriol<, Unit 2, in the follo Ning minimum amount, when Limeriol<, Unit 2, 1

is transferred to E:xelon Generating Company:

!Deleted. h Limeriol<, Unit 2 $59,687,081 (n'1t The deoommissioning trust agreement for Limeriol<, Unit 2, at the time the transfer of the unit to E:xelon Generation Company is effeoted and thereafter, is subjeot to the following:

faj The deoommissioning trust agreement must be in a form aooeptable to the ~H~C .

fbj VVith respeot to the deoommissioning trust fund , investments in the seourities or other obligations of E:xelon Corporation or affiliates thereof, or their suooessors or assigns are prohibited . E:xoept for investments tied to market indexes or other non nuolear seotor mutual funds, investments in any entity owning one or more nuolear power plants are prohibited .

The deoommissioning trust agreement for Limeriok, Unit 2, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direstor of the Offioe of ~J uol ear Roaster Regulation 30 days prior written notioe of payment. The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoeives prior 11ritten notioe of 1

objestion from the ~JRC .

The deoommissioning trust agreement must provide that the agreement oan not be amended in any material respest without 30 days prior written notifioation to the Di rester of the Offioe of ~J uolear Roaster Regulation.

The appropriate sestion of the deoommissioning trust agreement shall state that the trustee, investment advisor, or anyone else diresting the investments made in the trust shall adhere to a "prudent investor standard, as speoified in 18 CFR 35.32(a)(3) of the Federal energy Regulatory Commission's regulations .

Renewed License No. NPF-85

!Deleted. h (8) t E:xelon Generation Company shall ta l~e all necessary steps to ensuFO that the decommissioning trust is maintained in accordance with the application for approval of the transfer of Limerick, Unit 2, license and the FOquirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

(9) Mitigation Strategy License Condition 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
7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:
1. Water spray scrubbing
2. Dose to onsite responders (10) The licensee shall implement and maintain all Actions required by Attachment 2 to NRC Order EA-06-137, issued June 20 , 2006, except the last action that requires incorporation of the strategies into the site security plan, contingency plan, emergency plan and/or guard training and qualification plan, as appropriate.

Renewed License No. NPF-85

ATTACHMENT 2 Markup of Proposed Technical Specifications Pages 2.9 Nine Mile Point Nuclear Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-63 and DPR-69 Revised Operating License Nine Mile Point Unit 1 Nine Mile Point Unit 2 Page 6 Page 8 Page 7 Page 9 Page 8

(b) NMP LLC shall restore the facility to a condition consistent with the FSAR or provide a change to the FSAR criteria for staff review and approval prior to restart from the forthcoming Cycle 8 outage.

~

~9) t GA tAe closiA§ sate of tAe traAsfer of ~JiAe Mile PoiAt ~Juclear StatioA, UAit No. 1 (NMP 1) to it, ~JMP LLG sAall: (1) obtaiA froFA tAe traAsferor all of its accuFAulates secoFAFAissioAiA§ trust fuAss for ~JMP 1, aAs (2) receive a pareAt coFApaAy §uaraAtee pursuaAt to 10 GFR 60.76(e)(1) (iii)(B) (to be upsates aAAually) iA a forFA acceptable to tAe NRG aAs iA BA 8FftOUAt WAiCA, WAeA COFAbiAeS witA tAe secOFAFAissioAiA§ trust fUASS for NMP 1, equals or mmeess tAe total aFFtouAt requires for NMP 1 pursuaAt to 10 GFR 60.76(b) aAs (c).

~

.___________.(10rt' TAe seCOFAFAissioAiA§ trust 8§reeFAeAt for NMP 1, at tAe tiFAe BA)' sueject sirect traAsfer is e#ectes aAs tAereafter, is sueject to tAe followiA§:

a,. TAe secoFAFAissioAiA§ trust a§reeFAeAt FAust be iA a forFA acceptable to tAe NRG:-

s,. IJIJitA respect to tAe secoFAFAissioAiA§ trust fuAss , iAvestFAeAts iA tAe securities or otAer obli§atioAs of GoAstellatioA E:AeF§)' Group, IAc., ~Jew GoAtrolles, or tAeir affiliates, successors, or assi§AS, are aAs sAall be proAibites. E:*cept for iAvestFAeAts ties to FAarlwt iAse*es or otAer AOA AUelear sector FAUtual fUASS, iA'restFFteAts iA BA)' eAtity OWAiA§ OAe OF FftOFe Auclear power plaAts are aAs sAall be proAibites.

&: TAe secOFAFAissioAiA§ trust 8§FeeFFteAt FftUSt pFO'rise tAat AO sisburseFAeAtS OF payFAeAtS fFOFft tAe trusts, OtAeF tAaA for orsiAary asFAiAistrative e*peAses, SAall be FFtase by tAe trustee UAless tAe trustee Aas first §iVeA tAe ~JRG 30 says prior writteA Aotice of tAe payFAeAt. TAe seCOFAFAissioAiA§ trust 8§FeeFAeAt SAall furtAer COAtaiA a provisioA tAat AO sisburseFFteAtS OF payFAeAtS froFA tAe trusts SAall be FAase if tAe trustee receives prior writteA Aotice of oejectioA froFA tAe Director of tAe Office of Nuclear Reactor Re§ulatioA.

4 TAe seCOFAFAissioAiA§ trust 8§reeFAeAt FftUSt provise tAat tAe 8§FeeFAeAt caAAot be aFAeAses iA aAy FAaterial respect witAout 30 says prior writteA AotificatioA to tAe Director of tAe Office of ~Juclear Reactor Re§ulatioA.

e,. TAe appropriate sectioA of tAe secoFAFAissioAiA§ trust a§reeFAeAt sAall state tAat tAe trustee, iAvestFFteAt asvisor, OF 8A)'OAe else sirectiA§ tAe iAvestFFteAts FFtase iA tAe trusts SAall asAere to a pruseAt iAvestor staAsars, as specifies iA 18 GFR 36.32(a)(3) of tAe Feseral E:Aer§y Re§ulatory GoFAFAissioA's re§ulatioAs.

Renewed License No. DPR-63 Revises by letter sates AU§USt 23, 2007 Amendment No. 196, 214

~

~ 1) {' NMP LLG shall talm all necessary steps to ensure that the accommissionin§ trusts arc maintainca in accoraancc with the Application for approval of the transfer of the ~J MP 1 license to ~JMP LLG (Application), the requirements of the Orser approvin§ the transfer, ans

~ !Re relale~ safely eval"alieA.

(12) At the time of the transfer of NMP 1 to ~JMP LLG, NMP LLG shall enter or shall have cntcrca into an intcrcompany crcait a§rccmcnt with Constellation E:ncr§y Group (GE:G) , Inc. or ~Jew Gontrollca , whichever entity is the ultimate parent of ~JMP LLG at that time, in the form ans on the terms rcprcscntca in the Application for license transfer. Shaula New Gontrollca accomc the ultimate parent of NMP LLG followin§ the aircct transfer of the license to ~JMP LLG, NMP LLG shall enter or shall have cntcrca into a suastantially iacntical intcrcompany crcait a§rccmcnt with New Gontrollca at the time ~J ew Gontrollca accomcs the ultimate parent; in such case, any m<istin§ intcrcompany crcait a§rccmcnt with GE:G, Inc.

may ac cancclca once the intcrcompany crcait a§rccmcnt with ~J ew Gontrollca is cstaalishca. E:xccpt as otherwise proviaca aaovc, ~JMP LLG shall take no action to voia , cancel, or moaify any intcrcompany crcait a§rccmcnt references aaovc, without the prior written consent of the Director of the O#icc of ~Juclcar Reactor Rc§ulation .

(13) Mitigation Strategy License Condition Exelon Generation shall develop and maintain strategies for addressing large fires t 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 (7) Spent fuel pool mitigation measures Renewed License No. DPR-63 Revises ay letter sates AU§USt 2d, 2QQ7 Amendment No. 19e, 214

(10) Additional Condition 1 The operating licensee is authorized by Amendment No. 91 to relocate certain Technical Specification requirements previously included in Appendix A to licensee-controlled documents, as described in Table R, Relocated Specifications and Removal of Details Matrix, attached to the NRC Staff's safety evaluation dated February 15, 2000, enclosed with the amendment. Implementation of Amendment No. 91 shall include the relocation of these requirements to the appropriate documents, which shall be completed no later than December 31, 2000. The relocations to the Updated Safety Analysis Report shall be reflected in updates completed in accordance with 10 CFR 50.71(e).

(11) Additional Condition 2 The schedule for performing Surveillance Requirements (SRs) that are new or revised in Amendment No. 91 shall be as follows:

For SRs that are new in this amendment, the first performance is due at the end of the first surveillance interval that begins on the date of implementation of this amendment.

For SRs that existed prior to this amendment whose intervals of performance are being reduced, the first reduced surveillance interval begins upon completion of the first surveillance performed after implementation of this amendment.

For SRs that existed prior to this amendment that have modified acceptance criteria, the first performance is due at the end of the first surveillance interval that began on the date the surveillance was last performed prior to the implementation of this amendment.

For SRs that existed prior to this amendment whose intervals of performance are being extended, the first extended surveillance interval begins upon completion of the last surveillance performed prior to the implementation of this amendment.

.---------.(11 a) Deleted

!Deleted . I (12) ~ GA tl1e elosiA§ eate(s} of tl1e traAsfer of tl1e ~JMPG, RG&E:, GHGE:G, aAe

+

~JYSE:G iAterests iA NMP 2 to it, NiAe Mile PoiAt Nuclear StatioA , LLG sl1all: (1} obtaiA frofl9 tAe traAsferors tAeA traAsferriA§ tl1eir iAterests all of tl1eir aeeuffiulatee eeeoffiffiissioAiA§ trust fuAes for NMP 2, aAe (2)

Renewed License No. NPF 69 Amendment No. 424

Fcccivc a paFCnt coA9pany guaFantcc puFsuant to 10 GFR 60.76(c)(1)(iii)(8) (to ac upsatcs annually) in a foFR9 acccptaalc to tAc NRG ans in an affiount wA icA, wAcn coffiaincs witA tAc sccoffiffiissioning tFUst funss foF NMP 2 tAat Aavc seen tFansfcFFCS , equals OF C)(CCCSS tAC total affiounts foF ~JMP LLG's tAcn FCsulting total owncFsAip sAaFc of NMP 2, Fcspccti'rcly, puFsuant to 10 GFR 60.76(b) ans (c).

~

~ 3) t TAc sccoffiffiissioning tFust agFCcfficnt foF NMP 2, at tAc tiffic any suajcct SiFCct tFansfcF is c#cctcs ans tACFCaftCF, is SUBjcct to tAC following :

a-: TAc sccoA9A9issioning tFUst agFccfficnt A9ust be in a foFR9 acccptaalc to tAc ~JRG .

&.- IJIJitA FCspcct to tAc sccoffiffiissioning tFust funss , invcstfficnts in tAc sccuFitics OF otAcF obligations of Constellation E:ncFgy GFOup, Inc., ~Jew Gontmllcs, OF tAciF a#iliatcs, succcssoFs, OF assigns, aFc ans SAall BC pFOAiaitcs. E:><ccpt foF invcstfficnts tics to ffiaFltet insc><cs OF otAcF non nuclcaF scctOF A9utual funss, invcstfficnts in any entity owning one OF A90FC nuclcaF powcF plants aFc ans sAall BC pFOAiaitcs.

&. TAc sccoffiffiissioning tFust agrncfficnt ffiust pmvisc tAat no SiSBUFSCA9Cnts of payfficnts fFOA9 tAC tFUStS, OtACF tAan foF OFSinary aSA9inistFativc C><pcnscs, SAall be A9aSC By tAC tFUStCC unless tAc tFustcc Aas gi'rcn tAc ~JRG 30 says pFioF WFittcn notice of tAc payfficnt. TAc sccoA9A9issioning tFust agFccfficnt sAall fuFtAcF contain a pmvision tAat no sis8uFscA9cnts OF payfficnts fFoffi tAc tFusts sAall ac ffiasc if tAc tFustcc Fcccivcs pFioF WFittcn notice of objection fFOA9 tAc DiFCctOF of tAc O#icc of ~JuclcaF RcactoF Regulation.

fr.. TAc sccoA9A9issioning tFust agFccfficnt A9ust pFOvisc tAat tAc agFccfficnt cannot be afficnscs in any ffiatcFial FCspcct witAout 30 says pFiOF 1owittcn notification to tAc DiFCctOF of tAc O#icc of

~JuclcaF RcactOF Regulation.

e: TAc appFOpFiatc section of tAc sccoA9A9issioning tFUst agFccfficnt sAall state tAat tAc tFustcc, in'rcstfficnt asvisoF, OF anyone else SiFCCting tAC invcstfficnts ffiaSC in tAC tFUStS SAall aSACFC to a "pFUscnt in'rcstOF" stansaFs , as specifics in 18 GFR 36.32(a)(3) of

~ tAe Fe8eral <Aefj]y Re~"latery Ge11u*issieA's re~"latieAs.

(14) NMP LLG sAall talw all ncccssaFy steps to cnsuFc tAat tAc sccoffiffiissioning tFusts aFc ffiaintaincs in accOFsancc witA tAc Application foF appmval of tAc tFansfcF of tAc Unit 2 license to NMP LLG (Application) , tAc FcquiFcfficnts of tAc OFscF appmving tAc tFansfcF, ans tAc Fclatcs safety evaluation.

Renewed License No. NPF-69

!Deleted. I (15) \ll At the tiA'tc any subject direct transfer is c#cctcd , ~JMP LLC shall enter or shall have entered into an intcrcoA'tpany credit a§FCCA'tcnt with Constellation ~ncr§y Group (C~G) , Inc., or ~Jew Controlled, whichever entity is the ultiA'tatc parent of ~JMP LLC at that tiA'tc, in the forA't and on the tcrA'ts represented in the Application for license transfer. Should New Controlled bccoA'tc the ultiA'tatc parent of ~JMP LLC followin§ the direct transfer of the license to ~JMP LLC, NMP LLC shall enter or shall ha'v'C entered into a substantially identical intcrcoA'tpany credit a§FCCA'tcnt with New Controlled at the tiA'tc ~Jew Controlled bccoA'tcs the ultiA'tatc parent; in such case, any c><istin§ intcrcoA'tpany credit a§rccA'tcnt with C~G . Inc. A'tay be canceled once the intcrcoA'tpany credit a§rccA'tcnt with New Controlled is established. ~><ccpt as otherwise provided above, NMP LLC shall talm no action to void , cancel , or A'todify any intcrcoA'tpany credit a§FCCA'tcnt referenced above, without the prior written consent of the Director of the O#icc of ~Juclcar Reactor Rc§ulation .

(16) Reactor Vessel Integrated Surveillance Program NMP LLC is authorized to revise the Updated Safety Analysis Report (USAR) to allow implementation of the Boiling Water Reactor Vessel and Internals Project reactor pressure vessel Integrated Surveillance Program as the basis for demonstrating compliance with the requirements of Appendix H to Title 10 of the Code of Federal Regulations, Part 50, "Reactor Vessel Material Surveillance Program Requirements, as set forth in the licensee's application dated January 9, 2004, and as supplemented on June 17, 2004.

(17) Mitigation Strategy License Condition The operating 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 clements:
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 Renewed License No. ~Jpi; 69 Revised by letter dated August 23, 2007

ATTACHMENT 2 Markup of Proposed Technical Specifications Pages 2.10 Peach Bottom Atomic Power Station, Units 1, 2 and 3 Facility Operating License No. DRP-12 Renewed Facility Operating License Nos. DPR-44 and DPR-56 Revised Operating License Peach Bottom Unit 1 Peach Bottom Unit 2 Peach Bottom Unit 3 Page 3 Page4 Page4 Page 5 Page 5 Page 6

!Deleted. :i (5) The decommissioning trust agreement for Peach Bottom, Unit 1 at the time the transfer of the unit to E:xelon Generation Company, LLC is effected and , thereafter, is subject to the following:

fat The decommissioning trust agreement must be in a form acceptable to the j')JRC .

fbj VVith respect to the decommissioning trust fund , investments in the securities or other obligations of E:xelon Corporation or affiliates thereof, or their successors or assigns are prohibited .

E:xcept for investments tied to marlrnt indexes or other non nuclear sector mutual funds , investments in any entity owning one or more nuclear power plants are prohibited .

The decommissioning trust agreement for Peach Bottom , Unit 1, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Director of the Office of Nuclear Material Safety and Safeguards ao days prior written notice of payment. The decommissioning trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objections from the NRG .

~ The decommissioning trust agreement must provide that the agreement cannot be amended in any material respect without ao days prior written notification to the Director of the Office of j')Juclear Material Safety and Safeguards.

~ The appropriate section of the decommissioning trust agreement shall state that the trustee , investment advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard , as specified in 18 CFR a5 .a2(a)(a) of IDeleted . h the Federal E:nergy Regulatory Commission's regulations .

(6} t E:xelon Generation Company shall tal~e all necessary steps to ensure that the decommissioning trust is maintained in accordance nith the1 application for approval of the transfer of the Peach Bottom , Unit 1, license and the requirements of the Order approving the transfer, and consistent with the safety evaluation supporting the Order.

Amendment No. 11

The Exelon Generation Company may make changes to the approved f 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.

(5) Public Service Electric & Gas Company (PSE&G) to PSEG Nuclear License Transfer Conditions IDeleted. ,__

j --~

(a) t PSEG Nuelear st'lall take all Aeeessary steps to eF1sure tt'lat tt'le deeommissioniAg trust is maiAtained in accordance witt'I tt'le applieation, tt'le requirements of tt=ie Order Appreving Transfer of Ueense afld Gonformiflg AmendmeF1t, dated August 21 , 2000, afld tt'le related Safety Evaluation dated February 16, 2000.

IDeleted.

(b) \it Tt'le deeommissioning trust agreement st'lall previde tt'lat:

47 Tt'le use of assets in bott'I tt'le qualified and nonqualified funds st'lall be limited to expenses related to deeommissioning of tt'le unit as defined by tt'le NRG in its regulations and issuances, and as previded in tt'le unit's lieense and any amendments tt'lereto. Ho*.vever, upon eoFF1pletion of deeommissioning, as defined above, tt'le assets may be used for BFIY purpose autt'lorized by law.

Investments in tt'le seeurities or ott'ler obligations of PSE&G or affiliates tt'lereof, or tt'leir sueeessors or assigfls, st=iall be prot'libited. In addition, except for in~*estFFlents tied to FF1arket indexes or ott'ler non nuelcar seetor mutual funds , investments in any entity owning one or more nuelear power plants st'lall be prot'libited.

No disbursements or payFFlents from tt'le trust st'lall be made by tt'le trustee until tt'le trustee t'las first given tt'le NRG 30 days notiee of tt=ie payFFlent. In addition, no disburseFF1ents or payments froFFI tt'le trust st=iall be made if tt'le trustee reeeives prior written notiee of objeetion from tt'le Direetor, Office of Nuelear Reseter Regulation .

Tt'le trust agreement st'lall not be modified in any FF1aterial respeet witt'lout prior written notifieation to tt'le Direetor, Offiee of Nuelear Reaetor Regulation.

Tt'le trustee , investFF1ent advisor, or anyone else direeting tt'le investFF1ents made in tt'le trust st=iall adt'lere to a "prudent investor standard, as speeified in 18 CFR 35.32(3) of tt'le Federal Energy Regulatory GoFF1mission's regulations.

(c) PSEG Nuclear shall not take any action that would cause PSEG Power LLC or its parent companies to void, cancel, or diminish the commitment to fund an extended plant shutdown as represented in the application for approval of the transfer of this license from PSE&G to PSEG Nuclear.

(6) Exelon Generation Company shall provide to the Director of the Office of Page4 Renewed License No. DPR-44 Amendment No. 284

Nuclear Reactor Regulation a copy of any application, at the time it is filed , to transfer (excluding grants of security interests or liens) from Exelon Generation Company to its direct or indirect parent, or to any other affiliated company, facilities for the production , transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company's consolidated net utility plant, as recorded on Exelon Generation Company's books of

~ account .

(7) exelon Generation Company shall have deoommissioning trust funds for Peaoh Bottom , Unit 2, in the follow ing minimum amount, 'Nhen Peaoh Bottom, Unit 2, is transferred to e xelon Generation Company:

Peaoh Bottom , Unit 2 $71 ,250 ,231

~

~a) t The deoommissioning trust agreement for Peaoh Bottom , Unit 2 , at the time the transfer of the unit to exelon Generation Company is effeoted and thereafter, is subjeot to the follow ing :

taj The deoommissioning trust agreement must be in a form aooeptable to the ~H~C .

f9j With respeot to the deoommissioning trust fund , investments in the seourities or other obligations of e xelon Corporation or affi liates thereof, or their suooessors or assigns shall be prohibited .

e xoept for investments tied to market indexes or other non nuolear seotor mutua l funds , investments in any entity owning one or more nuolear po'Ner plants shall be prohibited .

The deoommissioning trust agreement for Peaoh Bottom , Unit 2, must provide that no disbursements or payments from the trust shall be made by the trustee un less the trustee has first given the Direotor, Offioe of ~Juol ear Reaotor Regu lation , 30 days prior 'Nritten notioe of payment. The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoeives prior w ritten notioe of objeotion from the ~JRC .

~ The deoommissioning trust agreement must provide that the agreement oannot be amended in any materia l respeot 'Nithout 30 days prior written notifioation to the Direotor of the Offioe of

~Juol ear Reaotor Regulation .

tej The appropriate seotion of the deoommissioning trust agreement shall state that the trustee , investment advisor, or anyone else direoting the investments made in the trust shall adhere to a "prudent investor" standard , as speoified in 18 CF'R 35 .32(a)(3) of the F'edera l e nergy Regulatory Commission's regu lations .

~(9) e xelon Generation Company shall ta l~ e all neoessary steps to ensure that the deoommissioning trust is maintained in aooordanoe w ith the applioation for approval of the transfer of the Peaoh Bottom , Unit 2, lioense and the requirements of the Order approving the transfer, and oonsistent w ith the safety evaluation supporting the Order.

Page 5 Renewed License No. DPR-44

(4) Fire Protection The Exelon Generation Company shall implement and maintain in effect all provisions of the approved fire protection program as described in the Updated Final Safety Analysis Report for the facility, and as approved in t

the NRC Safety Evaluation Report (SER) dated May 23, 1979, and Supplements dated August 14, September 15, October 1O and November 24, 1980, and in the NRC SERs dated September 16, 1993, and August 24, 1994, subject to the following provision:

The Exelon Generation Company 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.

(5) Public Service Electric & Gas Company (PSE&Gl to PSEG Nuclear License Transfer Conditions IDeleted. (a) \V PSEG Nuele8r, sh811 take 811 Reeessary stef)s to eRsure that the deeommissiol"liRg trust is maiRtaiRed iR aeeordal"lee with the af)f)lieatioR , the requiremeRts of the Order Af)f)fOViRg TraRsfer of lieeRse al"ld CoRformil"lg AmeRdmeRt, dated August 21 , 2000 , aRd IDeleted. the related Safety Evaluatiol"I dated Februaf)* 16, 2000.

(b) '} The deeommissiol"liRg trust agreemeRt shall f)rovide that:

+} The use of assets iR both the qualified aRd RORqualified fuRds shall be limited to exf)eRses related to deeommissioRiRg of the uRit as defiRed by the NRG iR its regulatioRs 81"1d issuaRees, al"ld as f)rovided il"I the Ul"lit's lieel"lse al"ld al"ly amel"ldmel"lts thereto. I lowever, upon eomf)letioR of deeommissiol"ling, as defined aboV'e , the assets may be used for any f)Urf)ose authorized by law.

lnvestmeRts in the seeurities or other obligations of PSE&G or affiliates thereof, or their sueeessors or assigns ,

shall be f)rohibited . In addition , e'.)(eef)t for il"lvestments tied to market inde'.)(es or other non nuele8r*sector mutual funds , investments in any entity owning one or more nuele8r f)Ower f)laRts shall be f)rohibited .

No disbursements or f)l!lyments from the trust sh811 be made by the trustee until the trustee has first given the NRG 30 days l"letiee ef the payment. In addition , no disbursemeRts er f)ayments from the trust shall be ml!lde if the trustee reeeives f)rior written notiee of objection from the Director, Offiee of Nuelear Reaetor Regulation.

The trust agreement shall not be modified in any material resf)eet 't'*'ithout f)rier written notifieatioR to the Direetor, Offiee of Nuelear Re8ctor Regulation .

The trustee, investment advisor, or aRyone else direeting the investments made in the trust shall adhere to a "l'rudent iRvester" staRdard, as Sl'eeified il"I 18 CFR 35.32(3) of the Federal Ener=gy Regulatof)* Commission's regulations.

(c) PSEG Nuclear, shall not take any action that would cause PSEG Page4 Renewed License No. DPR-56 Amendment No. 283

Power, LLC or its parent companies to void, cancel, or diminish the commitment to fund an extended plant shutdown as represented in the application for approval of the transfer of this license from PSE&G to PSEG Nuclear.

(6) Exelon Generation Company shall provide to the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from Exelon Generation Company to its direct or indirect parent, or to any other affiliated company, facilities for the production , transmission, or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company's consolidated net utility plant, as recorded on Exelon Generation Company's books of account.

~

~7) -¥ exelon Generation Company shall have deoommissioning trust funds for Peaoh Bottom , Unit ~Jo . a, in the follmving minimum amount, when Peaoh Bottom, Unit ~Jo . a, is transferred to exelon Generation Company:

~ Peaoh Bottom, Unit ~Jo . a $7a ,497 ,654


Zs) {' The deoommissioning trust agreement for Peaoh Bottom , Unit ~Jo. a, at the time the transfer of the unit to exelon Generation Company is effeoted and thereafter, is subjeot to the following :

W The deoommissioning trust agreement must be in a form aooeptable to the W~C .

f9j VVith respeot to the deoommissioning trust fund , investments in the seourities or other obligations of exelon Corporation or affiliates thereof, or their suooessors or assigns shall be prohibited .

exoept for investments tied to marl(et indexes or other non nuolear seotor mutual funds , investments in any entity owning one or more nuolear power plants shall be prohibited .

The deoommissioning trust agreement for Peaoh Bottom, Unit ~Jo .

a, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Di rooter of the Offioe of ~Juolear Roaster Regulation ao days prior written notioe of payment. The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoeives prior written notioe of objeotion from the ~JRC .

~ The deoommissioning trust agreement must provide that the agreement oannot be amended in any material respeot without ao days prior written notifioation to the Direotor of the Offioe of ~Juolear Reaotor Regulation .

~ The appropriate seotion of the deoommissioning trust agreement shall state that the trustee , investment advisor, or anyone else direoting the investments made in the trust shall adhere to a "prudent investor" standard , as speoified in 18 CP:R a5 .a2(a)(a) of the federal energy Regulatory Commission's regulations .

Page 5 Renewed License No. DPR-56

~

~9) '1; E:x:elon Generation Company shall tal~ e all necessary steps to ensure that the decommissioning trust is maintained in accordance with the application for appro¥al of the transfer of the Peach Bottom , Unit ~Jo . a, license and the requirements of the Order approving the transfer, and consistent with the safety e¥aluation supporting the Order.

(10) Additional Conditions of the Renewed License +-

(1) Updated Final Safety Analysis Report The Updated Final Safety Analysis Report supplement, as revised on January 31 , 2003, shall be included in the next scheduled update to the Updated Final Safety Analysis Report required by 10 CFR 50.71(e)(4) following the issuance of this renewed license .

Until that update is complete, the Exelon Generation Company may make changes to the programs described in the supplement without prior Commission approval , provided that the Exelon Generation Company evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section .

(2) Future Inspection Activities The Exelon Generation Company Updated Final Safety Analysis Report supplement submitted pursuant to 10 CFR 54.21 (d), as revised on January 31, 2003, describes certain future inspection activities to be completed before the period of extended operation .

The Exelon Generation Company shall complete these activities no later than July 2, 2014 , and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection .

(c) Integrated Surveillance Program The Exelon Generation Company shall implement an NRC staff-approved reactor vessel integrated surveillance program for the extended period of operation which satisfies the requirements of 10 CFR Part 54 . Such a program will be implemented through a staff-approved Boiling Water Reactor Vessel and Internals Project program or through a staff-approved plant-specific program.

Before July 2, 2014, the licensee will notify the NRC of its decision to implement the integrated surveillance program or a plant-specific program, and provide the appropriate revisions to the Updated Final Safety Analysis Report Supplement summary descriptions of the vessel surveillance material testing program.

(d) Core Shroud Inspection and Evaluation Guidelines Program The Exelon Generation Company shall implement an NRC staff-approved core shroud inspection and evaluation guidelines program for the extended period of operation which satisfies the requirements of 10 CFR Part 54. Such a program will be implemented through a staff-approved Boiling Water Reactor Vessel and Internals Project program or through a staff-approved Page 6 Renewed License No. DPR-56

ATTACHMENT 2 Markup of Proposed Technical Specifications Pages 2.11 Quad Cities Nuclear Power Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-29 and DPR-30 Revised Operating License Quad Cities Unit 1 Quad Cities Unit 2 Page 5 Page 5 Page 6 Page 6

February 12, 1981; December 30 , 1982; December 1, 1987 with supplement dated April 20, 1988; December 11, 1987 with supplement dated July 21, 1988; and February 25, 1991, subject to the following provision:

The licensee 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.

G. Deleted H. Deleted by incorporation into 3.E above, per Amendment No. 64 dated March 19, 1981.

I. (Open)

J. Deleted K. Deleted by Amendment No. 103 dated December 15, 1987.

L. Deleted M. Deleted N. Deleted

0. EGC shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from EGC to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent ( 10%) of EGC's consolidated net utility plant, as recorded on EGC's books of account.

~

.....__________P. '-¥ E:GC shall have deoommissioning trust funds for Quad Cities, Unit 1, in the following minimum amount, when Quad Cities, Unit 1, is transferred to E:GC:

~ Quad Cities, Unit 1 $192,149,504 Q. The deoommissioning trust agreement for Quad Cities, Unit 1, at the time of the transfer of the unit to E:GC is effeoted and thereafter, is subjeot to the following:

(1) The deoommissioning trust agreement must be in a form aooeptable to the U.S. ~Juol ear Regulatory Commission (~JRC) .

(2) VVith respeot to the deoommissioning trust fund , investments in the seourities or other obligations of E:xelon Corporation or affil iates thereof, or their suooessors or assigns are prohibited . E:xoept for investments tied Renewed License No. DPR-29

to marl<et indexes or other non nuslear sestor mutual funds , investments in any entity owning one or more nuslear power plants are prohibited .

~ The desommissioning trust agreement fo r Quad Cities , Unit 1, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Direstor of the Offise of ~Jus l ear Roaster Regulation 30 days prior written notise of payment The desommissioning trust agreement shall further sontain a provision that no disbursements or payments from the trust shall be made if the trustee reseives prior written notise of objestion from the ~JRC .

~ The desommission ing trust agreement must provide that the agreement san not be amended in any material respest without 30 days prior written notifisation to the Direstor of the Offise of ~Jus l ea r Roaster Regu lation .

~ The appropriate sestion of the desommissioning trust agreement shall state that the trustee , investment advisor, or anyone else diresting the investments made in the trust shall adhere to a "prudent investor" standard , as spesified in 18 CFR 35 .32(a)(3) of the Federal Energy Regulatory Commission's regu lations.

~R. EGG shall take all nesessary steps to ensure that the desommissioning trust is maintained in assordanse w ith the applisation fo r approval of the transfer of the Quad Cities , Unit 1, lisense and the requ irements of the Order approving the transfer, and sonsistent with the safety evaluation supporting the Order.

S. EGC shall relocate certain Technical Specification requirements to EGG-controlled documents upon implementation of Amendment No. 199. The items and appropriate documents are as described in Table LA, "Removal of Details Matrix," and Table R, "Relocated Specifications," that are attached to the NRC's Safety Evaluation enclosed with Amendment No. 199.

T. The schedule for performing Surveillance Requirements (SRs) that are new or revised in Amendment No. 199 shall be as follows:

For SRs that are new in this amendment, the first performance is due at the end of the first surveillance interval that begins on the date of implementation of Amendment No. 199.

For SRs that existed prior to this amendment whose intervals of performance are being reduced , the first reduced surveillance interval begins upon completion of the first surveillance performed after implementation of Amendment No. 199.

For SRs that existed prior to this amendment that have modified acceptance criteria, the first performance is due at the end of the Renewed License No. DPR-29

November 5, 1980, and February 12, 1981 ; December 30 , 1982; December 1, 1987 with supplement dated April 20 , 1988; December 11, 1987 with supplement dated July 21, 1988; and February 25, 1991, subject to the following provision:

The licensee 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.

G. Deleted by incorporation into 3.E above, per Amendment No. 58 dated March 19, 1981.

H. Deleted I. Deleted J. Deleted K. Deleted L. Deleted M. Deleted N. EGC shall provide the Director of the Office of Nuclear Reactor Regulation a copy of any application , at the time it is filed , to transfer (excluding grants of security interests or liens) from EGC to its direct or indirect parent, or to any other affiliated company, facilities for the production, transmission, or distribution of electric energy having a depreciated book value exceeding ten percent ( 10%) of

~ EGC's consolidated net utility plant, as recorded on EGC's books of account.

0. E:GC shall have decommissioning trust funds for Quad Cities, Unit 2, in the following minimum amount, nhen Quad Cities, Unit 2, is transferred to E:GC:

1

~ Quad Cities, Unit 2 $193,209,439 P. The decommission ing trust agreement for Quad Cities, Unit 2, at the time of the transfer of the unit to E:GC is effected and thereafter, is subject to the following:

fB The decommissioning trust agreement must be in a form acceptable to the U.S. fl>Juclear Regulatory Comm ission (fliJRC).

Renewed License No. DPR-30

~ VVith respeot to the deoommissioning trust fun d, investments in the seourities or other obligations of Exelon Corporation or affi liates thereof, or their suooessors or assig ns are proh ibited . Exoept for in¥estments tied to market indexes or other non nuolear seater mutual funds , investments in any entity 0 1rning one or more nuolear power plants are prohibited .

1

~ The deoommission ing trust agreement for Quad Cities, Unit 2, must provide that no disbursements or payments from the trust shall be made by the trustee unless the trustee has first given the Dirooter of the Offioe of ~J uo l ear Roaster Regulation 30 days prior written notioe of payment.

The deoommissioning trust agreement shall further oontain a provision that no disbursements or payments from the trust shall be made if the trustee reoe ives prior written notioe of objeotion from the ~JRC .

~ The deoommissioning trust agreement must provide that the agreement oan not be amended in any material respeot without 30 days prior written notifioation to the Direotor of the Offioe of ~Juo l ear Roaster Regu lation .

faj The appropriate seotion of the deoommission ing trust agreement shall state that the trustee , investment advisor, or anyone else direoting the investments made in the trust shall adhere to a "prudent investor" standard , as speoified in 18 CF"R 35.32(a)(3) of the F"ederal Energy Regulatory Commission's regulations.

~Q. EGG shall tal<e all neoessary steps to ensure that the deoommissioning trust is maintained in aooordanoe with the applioation for approval of the transfer of the Quad Citi es , Unit 2 , lioense and the requirements of the Order approving the transfer, and oonsistent 1Jith the safety evaluation supporting the Order.

1 R. EGC shall relocate certain Technical Specification requirements to EGG-controlled documents upon implementation of Amendment No. 195. The items and appropriate documents are as described in Table LA, "Removal of Details Matrix, " and Table R, "Relocated Specifications, " that are attached to the NRC's Safety Evaluation enclosed with Amendment No. 195.

S. The schedule for performing Surveillance Requirements (SRs) that are new or revised in Amendment No. 195 shall be as follows:

For SRs that are new in this amendment, the first performance is due at the end of the first surveillance interval that begins on the date of implementation of Amendment No. 195.

Renewed License No. DPR-30