JAFP-08-0100, License Amendment Request Application for Licensee Name Changes

License Amendment Request Application for Licensee Name Changes

ML082770069
Person / Time
Site:	FitzPatrick
Issue date:	09/30/2008
From:	Peter Dietrich Entergy Nuclear Northeast, Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
JAFP-08-0100
Download: ML082770069 (25)

Text

It I

-- Entergy Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

James A' Fitzpatrick NPP P.O. Box 110 Lycoming, NY 13093 Tel 315-342-3840 Pete Dietrich Site Vice President - JAF September 30, 2008 JAFP-08-01 00 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001

SUBJECT:

Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 License No. DPR-59 License Amendment Request Application for Licensee Name Changes

References:

1. Letter, ENO to USNRC, "Supplemental Information #6 Relating to Application for Order Approving Indirect Transfer of Control of Licenses," ENOC-08-0027, dated May 2, 2008

2. Letter, USNRC to ENO, "James A. FitzPatrick Nuclear Power Plant - Order Approving Indirect Transfer of Facility Operating License (TAC No. MD6179)," COR-08-00179, dated July 28, 2009

Dear Sir or Madam:

Pursuant to 10 CFR 50.90, Entergy Nuclear Operations, Inc. (ENO) and Entergy Nuclear FitzPatrick, LLC hereby propose to amend the James A. FitzPatrick Nuclear Power Plant's Facility Operating License/(FOL), DPR-59, and Technical Specifications (TS) by incorporating the attached proposed change. The proposed change revises the FOL and TS Section 4.0 by changing the name-of the licensees to Enexus Nuclear FitzPatrick, LLC and EquaGen Nuclear LLC, respectively. The proposed changes result from restructuring transactions involving the ownership structure for various corporate entities as discussed in the referenced order. to this letter provides the marked-up versions of the affected FOL and TS pages and Attachment 2 provides the retyped pages.

I(Ij

JAFP-08-01 00 Page 2 of 3 ENO has evaluated the proposed changes for significant hazards considerations in accordance with the determination criteria set forth in 10 CFR 50.92. The proposed amendment would only change the names of the licensees and reflect the referenced NRC Order requirements; principal management and operational staffing for the restructured organization remain largely unchanged. The proposed name changes do not: a) involve a significant increase in the probability or consequences of an accident previously evaluated; b) create the possibility of a new or different kind of accident from any accident previously evaluated; or c) involve a significant reduction in a margin of safety. Therefore, ENO concludes that the proposed changes do not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92 and a finding of "no significant hazards consideration" is justified.

ENO has also determined that the proposed changes satisfy the criteria for a categorical exclusion in accordance with 10 CFR 51.22(c)(21) and do not require an environmental review.

Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared for these changes.

ENO requests approval of the proposed License Amendment by March 2, 2009. Once approved, the amendment should be implemented within 180 days of its effective date, provided that the proposed restructuring transactions have been completed.

This submittal contains no new regulatory commitments.

In accordance with 10 CFR 50.91 (b), a copy of this application, with the associated attachments, is being provided to the designated New York State official.

Should you have any questions concerning this submittal, please contact Mr. Gene Dorman at 315-349-6810.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on the 3 0 th of pt mber 2008.

Pete Diet ch Site Vice President PD/ed Attachments: 1. Mark-up of FOL and TS Pages

2. Proposed FOL and TS changes in final typed format' cc: next page

JAFP-08-01 00 Page 3 of 3 cc:

Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Resident Inspector's Office U.S. Nuclear Regulatory Commission James A. FitzPatrick Nuclear Power Plant P.O. Box 136 Lycoming, NY 13093 Mr. Bhalchandra Vaidya, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop O-8-G 14 Washington, DC 20555 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza, 10 th Floor Albany, NY 12223 Mr. Paul Tonko, President

NYSERDA, 17 Columbia Circle Albany, NY 12203-6399

JAFP-08-01 00 Marked-up FOL and TS Pages Facility Operating License Pages 1 - 8 Facility Operating License Appendix C Page 1 Technical Specification Page 4.0-4

WN1WRQ ENEXUS NUCLEAR FITZPATRICK. LLC AND EMERGY EquaGen NUCLEAR OPERATIONS iC.L-liC DOCKET NO. 50-333 JAMES A. FITZPATRICK NUCLEAR POWER PLANT RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-59

1.

The Nuclear Regulatory Commission (NRC or the Commission), having previously made the findings set forth in Facility Operating License No. DPR-59, dated November 21, 2000, has found that:

A.

The application to renew Facility Operating License No. DPR-59 filed by-EAe..gy# N

,lea.-

FitzPatrFick, LLC (ENF) and Ent'rgy Nucl*c a*,.

,atiGnz, Inc. (ENO) complies with the standards and requirements of the Atomic Energy Act of 1954 as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

Actions have been identified and have been or will be taken with respect to: (1) managing the effects of aging on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1) during the period of extended operation, and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by this renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3 for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR 54.29(a) are in accordance with the Act and the Commission's regulations; D.

There is reasonable assurance (i) that the activities authorized by this renewed operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; E.

ENF-andENO Enexus Nuclear FitzPatrick, LLC (ENF) and EquaGen Nuclear LLC (EN) are financially and technically qualified to engage in the activities authorized by this renewed operating license; F.

ENF and ENO have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements" of the Commission's regulations; R*newcd,i..nsc No. DPR 69Amendment XXX G.

The Issuance of this renewed operating license will not be inimical to the common defense and security or the health and safety of the public; H.

The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this renewed operating license will be in accordance with the Commission's regulations: in 10 CFR Parts 30, 40, and 70, including 10 CFR Sections 30.33, 40.32, 70.23, and 70.31; and The issuance of this renewed operating license is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly Facility Operating License No. DPR-59 (previously issued to the Power Authority of the State of New York and Niagara Mohawk Power Corporation pursuant to the Atomic Safety and Licensing Board's Initial Decision and Supplemental Initial Decision dated November 12, 1973, and January 10, 1974, respectively; and the Atomic Safety and Licensing Appeal Board's Decision dated January 29, 1974) as previously amended and transferred to ENF Entergy Nuclear FitzPatrick, LLC and ENO Entergy Nuclear Operations, Inc. dated November 21, 2000, is and superseded by Renewed Facility Operating License No. DPR-59, is hereby transferred to ENF and EN hereby iscued to ENF and ENO to read as follows:

A.

This renewed operating license applies to the James A. FitzPatrick Nuclear Power Plant, a boiling water nuclear reactor and associated equipment (the facility), owned by ENF and operated by ENO. The facility is located in Scriba, Oswego County, New York, and is described in the "Final Safety Analysis Report" as supplemented and amended, and the Environmental Report as supplemented and amended.

B.

Subject to the conditions and requirements incorporated herein, the commission hereby licenses:

(1)

Pursuant to Section 104b of the Act and 10 CFR Part 50, 'Licensing of Production and Utilization Facilities," a) ENF to possess and use and b) ENO to possess, use, and operate the facility at the designated location in Scriba, Oswego County, New York, in accordance with the procedures and limitations set forth in this renewed operating license; (2)

ENO pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (3)

ENO pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors an amounts as required; R-wreweu LIC(nfle No. wmi st-menument X

XXX (4)

ENO pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess, and use, at any time, any byproduct, source and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; or associated with radioactive apparatus, components or tools..

(5)

Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C.

This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1)

Maximum Power Level ENO is authorized to operate the facility at steady state reactor core power levels not in excess of 2536 megawatts (thermal).

(2)

Technical Soecifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 292 XXX, are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3)

Fire Protection ENO shall implement and maintain in effect all provisions of the approved fire protections program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated November 20, 1972; the SER Supplement No. 1 dated February 1, 1973; the SER Supplement No. 2 dated October 4, 1974; the SER dated August 1, 1979; the SER Supplement dated October 3, 1980; the SER Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical Specification Amendments 34 (dated January 31, 1978), 80 (dated May 22, 1984), 134 (dated July 19, 1989), 135 (dated September 5, 1989), 142 (dated October 23, 1989), 164 (dated August 10, 1990), 176 (dated January 16, 1992), 177 (dated February 10, 1992), 186 (dated February 19, 1993), 190 (dated June 29, 1993), 191 (dated July 7, 1993), 206 (dated February 28, 1994) and 214 (dated June 27, 1994); and NRC Exemptions and associated safety evaluations dated April 26, 1983, July 1, 1983, January 11, 1985, April 30, 1986, September 15, 1986 and September 10, 1992 subject to the following provision:

Amendment 292-XXX ENO may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(4)

Systems Integrity Deleted by Amendment No. 274 (5)

Iodine Monitoring Deleted by Amendment No. 274 (6)

New or Revised ITS Surveillance Requirements Applicability:

The schedule for performing Surveillance Requirements (SRs) that are new or revised in Amendment No. 274 shall be as follows:

(a)

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.

(b)

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 the implementation of this amendment.

(c)

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.

(d)

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.

D.

Physical Protection ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to the provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"James A. FitzPatrick Nuclear Power Plant Physical Security, Training& Qualification and 1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Rcnc'wd Liccnsc No. DPR 59 Amendment XXX Safeguards Contingency Plan, Revision 0," submitted by letter dated October 26, 2004, as supplemented by letter dated May17, 2006..

E.

Power Uorate License Amendment Imolementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment.

(1)

Recirculation Pump Motor Vibration Perform monitoring of recirculation pump motor vibration during initial Cycle 13 power ascension for uprated power conditions.

(2)

Startup Test Program The licensee will follow a startup testing program, during Cycle 13 power ascension, as described in GE Licensing Topical Report NEDC-31897P-1, "Generic Guidelines for General Electric Boiling Water Reactor Power Uprate." The Startup test program includes system testing of such process control systems as the feedwater flow and main steam pressure control systems. The licensee will collect steady-state operational data during various portions of the power ascension to the higher licensed power level so that predicted equipment performance characteristics can be verified. The licensee will do the startup testing program in accordance with its procedures. The licensee's approach is in conformance with the test guidelines of GE Licensing Topical Report NEDC-31897P-1, "Generic Guidelines for General Electric Boiling Water Reactor Power Uprate." June 1991 (proprietary), GE Licensing Topical Report NEDO-31897, "Generic Guidelines for General Electric Boiling Water Reactor Power Uprate." February 1992 (nonproprietary), and NEDC-31897P-AA, Class III (proprietary), May1992.

(3)

Human Factors The licensee will review the results of the Cycle 13 startup test program to determine any potential effects on operator training. Training issues identified will be incorporated in Licensed Operator training during 1997. Simulator discrepancies identified will be addressed in accordance with simulator Configuration Management procedural requirements.

F.

Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No.

289, are herby incorporated into this renewed operating license. ENO shall operate the facility in accordance with the Additional Conditions.

Renewed License No. DPR 59 Amendment XXX G.

ENF and ENO shall take no action to cause Entcgy Global Investments, In.. or Entergy intern.ational Ltd. LLC, Or their parcnt

.mpani..

Enexus Energy Corporation to void, cancel, or modify the $700 million contingency commitment to provide funding for the-facility as rcprcscntcd in the appicatien for approval of the transfcr of the facility Miens frM PASNYtoENF and -ENO, without the prior written consent of the Director, Office of Nuclear Reactor Regulation.

H.

The decommissioning trust agreement shall provide that the use of assets in the decommissioning trust fund, in the first instance, shall be limited to the expenses related to decommissioning of the facility as defined by the NRC in its regulations and issuances, and as provided in this license and any amendments thereto.

The decommissioning trust agreement shall provide that no contribution to the decommissioning trust that consists of property other than liquid assets shall be permitted.

J.

With respect to the decommissioning trust fund, investments in the securities or other obligations of the PASNY, Entergy Corporation, Entergy Nuclear IP3, LLC, ENF, ENO, Enexus Energy Corporation, or affiliates thereof, or their successors or assigns, shall be prohibited. Except for investments that replicate the composition of market indices or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear plants is prohibited.

K.

The decommissioning trust agreement shall provide that no disbursements or payments from the trust, other than for ordinary administrative expenses, shall be made by the trustee until the trustee has first given the NRC 30 days' prior written notice of payment.

In addition, the trust agreement shall state that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the Director, office or Nuclear Reactor Regulation.

L.

The decommissioning trust agreement shall provide that the trust agreement shall not be modified in any material respect without the prior written consent of the Director, Office of Nuclear Reactor Regulation.

M.

ENF, or its successors or assigns shall take no action that would adversely affect any contract between it and PASNY for PASNY's eventual payment of decommissioning funds from the trust.

N.

ENF, or its successors or assigns shall inform the NRC within 30 days of any adverse developments with respect to PASNY's ownership of the decommissioning trust that could reasonably be expected to lead to a significant diminution of funds available for decommissioning the facility.

0.

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 35.32(a)(3) of the Federal Energy Regulatory Commission's regulations.

Renewed License cNo N

PR 69 Amendment XXX

7-P.

For purposes of ensuring public health and safety, ENF, upon transfer of this license to it, 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 that the amount required under NRC regulations at 10 CFR 50.75. Any amount held in any decommissioning trust maintained by PASNY for the facility after the transfer of the facility license to ENF may be credited towards the amount required under this paragraph.

Q.

ENF 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 ENF and ENO and the requirements of the order approving the transfer, and consistent with safety evaluation supporting such order.

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 wit 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 mitigation measures (c)

Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders S.

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.

,,enewe License No. u,'i-5 Amenament LXXX T.

License Renewal Commitments/Conditions - The UFSAR supplement, as revised, describes certain future activities to be completed prior to and during the period of extended operation. ENF and ENO shall complete these activities in accordance with Appendix A of NUREG-1905, Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant, issued April 2008. ENF and ENO shall notify the NRC in writing within 10 days of completion of those activities required prior to the period of extended operation and those activities required during the period of extended operation.

U.

UFSAR Supplement Changes - The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d), shall be included in the next scheduled update to the UFSAR required by the 10 CFR 50.71(e)(4) following the issuance of this renewed operating license, Until that update is complete, ENF and ENO may make changes to the programs and activities described in the supplement without prior Commission approval, provided that ENO evaluate such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section..

V.

Capsule withdrawal schedule - All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of the most recent NRC-approved version of the Boiling Water Reactor Vessel and Internals Project (BWRVIP)

Integrated Surveillance Program (ISP) appropriate for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation. All capsules placed in storage must be maintained for future insertion. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

3.

This renewed operating license is effective as of the date of issuance and shall expire at midnight on October 17, 2034.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by Eric J. Leeds, Director Office of Nuclear Reactor Regulation Attachments/Appendices:

1. Appendix A - Technical Specifications

2. Appendix B - Deleted

3. Appendix C - Additional Conditions Date of Issuance: September 8, 2008 Renewed Licns. No. DPR 59 Amendment XXX

APPENDIX C ADDITIONAL CONSIDERATIONS OPERATING LICENSE NO. DPR-59 Amendment Number Additional Conditions 243 Entergy Nulc*" Opc.ation,,, Inc. EquaGen Nuclear LLC (EN) shall describe snubber operation and surveillance requirements in the Final Safety Analysis Report such that future changes to those requirements will be subject to the provisions of 10 CFR 50.59.

250 Entergy Nulc' F Op,,ation,,

Inc. EN shall relocate operability and surveillance requirements for logic bus power monitors, core spray sparger differential pressure, and low pressure coolant injection cross-connect valve position instruments to an Entergy-controlled document where future change to those relocated requirements are controlled under the provisions of 10 CFR 50.59.

274 Entergy Nulea Opera.tons, Inc. EN shall relocate the Technical Specification requirements identified in Table LA - "Removal of Details Matrix" and Table R -

"Relocated Specifications" to licensee-controlled documents, as described in the application as supplemented on June 12, 2002, and the NRC staff's Safety Evaluation enclosed with Amendment 274, dated July 3, 2002. Further, relocations to the updated Final Safety Analysis Report (UFSAR) shall be reflected in the next UFSAR update required by 10 CFR 50.71(e) following implementation of this amendment.

289 Control Room Envelope Habitability Upon implementation of Amendment No. 289, adopting TSTF-448 Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage required by SR 3.7.3.3 in accordance with TS 5.5.14.c.(i), the assessment of CRE habitability as required by Specification 5.5.14.c.(ii), and the measurement of CRE pressure as required by Specification 5.5.14.d shall be considered met.

Following implementation:

(a)

The first performance of SR 3.7.3.3 in accordance with specification 5.5.14.c(i) shall be within the specified Frequency of 6 years, plus the 18-month allowance of SR 3.0.2 as measured from June 28, 2004, the date of the most recent successful tracer gas test, as stated in Entergy's letter "NRC Generic Letter 2003-01 Control Room Habitability Initial Action Summary Report" (JAFP-04-0159), dated September 27, 2004, or within 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

Amendment No.-289-XXX

Design Features 4.0 LAKE ONTARIO I

C

.LaI IW.A*WI Figure 4.1-1 (page 1 of 1)

Site and Exclusion Area Boundaries 4.0-4 Amendment 274 JAFNPP

JAFP-08-01 00 Proposed FOL and TS Changes in Final Typed Format Facility Operating License Pages 1 - 8 Facility Operating License Appendix C Page 1 Technical Specification Page 4.0-4

ENEXUS NUCLEAR FITZPATRICK, LLC AND EQUAGEN NUCLEAR LLC DOCKET NO. 50-333 JAMES A. FITZPATRICK NUCLEAR POWER PLANT RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-59

1.

The Nuclear Regulatory Commission (NRC or the Commission), having previously made the findings set forth in Facility Operating License No. DPR-59, dated November 21, 2000, has found that:

A.

The application to renew Facility Operating License No. DPR-59 filed by complies with the standards and requirements of the Atomic Energy Act of 1954 as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

Actions have been identified and have been or will be taken with respect to: (1) managing the effects of aging on the functionality of structures and components that have been identified to require review under 10 CFR 54.21(a)(1) during the period of extended operation, and (2) time-limited aging analyses that have been identified to require review under 10 CFR 54.21(c), such that there is reasonable assurance that the activities authorized by this renewed operating license will continue to be conducted in accordance with the current licensing basis, as defined in 10 CFR 54.3 for the facility, and that any changes made to the facility's current licensing basis in order to comply with 10 CFR' 54.29(a) are in accordance with the Act and the Commission's regulations; D.

There is reasonable assurance (i) that the activities authorized by this renewed operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; E.

Enexus Nuclear FitzPatrick, LLC (ENF) and EquaGen Nuclear LLC (EN) are financially and technically qualified to engage in the activities authorized by this renewed operating license; F.

ENF and EN have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements" of the Commission's regulations; Amendment G.

The Issuance of this renewed operating license will not be inimical to the common defense and security or the health and safety of the public; H.

The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this renewed operating license will be in accordance with the Commission's regulations: in 10 CFR Parts 30, 40, and 70, including 10 CFR Sections 30.33, 40.32, 70.23, and 70.31; and The issuance of this renewed operating license is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly Facility Operating License No. DPR-59 (previously issued to the Power Authority of the State of New York and Niagara Mohawk Power Corporation pursuant to the Atomic Safety and Licensing Board's Initial Decision and Supplemental Initial Decision dated November 12, 1973, and January 10, 1974, respectively; and the Atomic Safety and Licensing Appeal Board's Decision dated January 29, 1974) as previously amended and transferred to Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc. dated November 21, 2000, and superseded by Renewed Facility Operating License No. DPR-59,is hereby transferred to ENF and EN to read as follows:

/

A.

This renewed operating license applies to the James A. FitzPatrick Nuclear Power Plant, a boiling water nuclear reactor and associated equipment (the facility), owned by ENF and operated by EN. The facility is located in Scriba, Oswego County, New York, and is described in the "Final Safety Analysis Report" as supplemented and amended, and the Environmental Report as supplemented and amended.

B.

Subject to the conditions and requirements incorporated herein, the commission hereby licenses:

(1)

Pursuant to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," a) ENF to possess and use and b) EN to possess, use, and operate the facility at the designated location in Scriba, Oswego County, New York, in accordance with the procedures and limitations set forth in this renewed operating license; (2)

EN pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (3)

EN pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors an amounts as required; Amendment (4)

EN pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive; possess, and use, at any time, any byproduct, source and special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; or associated with radioactive apparatus, components or tools.

(5)

Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C.

This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1)

Maximum Power Level EN is authorized to operate the facility at steady state reactor core power levels not in excess of 2536 megawatts (thermal).

(2)

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.

, are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3)

Fire Protection EN shall implement and maintain in effect all provisions of the approved fire protections program as described in the Final Safety Analysis Report for the facility and as approved in the SER dated November 20, 1972; the SER Supplement No. 1 dated February 1, 1973; the SER Supplement No. 2 dated October 4, 1974; the SER dated August 1, 1979; the SER Supplement dated October 3, 1980; the SER Supplement dated February 13, 1981; the NRC Letter dated February 24, 1981; Technical Specification Amendments 34 (dated January 31, 1978), 80 (dated May 22, 1984), 134 (dated July 19, 1989), 135 (dated September 5, 1989), 142 (dated October 23, 1989), 164 (dated August 10, 1990), 176 (dated January 16, 1992), 177 (dated February 10, 1992), 186 (dated February 19, 1993), 190 (dated June 29, 1993), 191 (dated July 7, 1993), 206 (dated February 28, 1994) and 214 (dated June 27, 1994); and NRC Exemptions and associated safety evaluations dated April 26, 1983, July 1, 1983, January 11, 1985, April 30, 1986, September 15, 1986 and September 10, 1992 subject to the following provision:

Amendment EN 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.

(4)

Systems Integrity Deleted by Amendment No. 274 (5)

Iodine Monitoring Deleted by Amendment No. 274 (6)

New or Revised ITS Surveillance Requirements Applicability:

The schedule for performing Surveillance Requirements (SRs) that are new or revised in Amendment No. 274 shall be as follows:

(a)

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.

(b)

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 the implementation of this amendment.

(c)

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.

(d)

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.

D.

Physical Protection EN shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to the provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "James A.

FitzPatrick Nuclear Power Plant Physical Security, Training& Qualification and

'The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment Safeguards Contingency Plan, Revision 0," submitted by letter dated October 26, 2004, as supplemented by letter dated May17, 2006..

E.

Power Uprate License Amendment Implementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment.

(t)

Recirculation Pump Motor Vibration Perform monitoring of recirculation pump motor vibration during initial Cycle 13 power ascension for uprated power conditions.

(2)

Startup Test Program The licensee will follow a startup testing program, during Cycle 13 power ascension, as described in GE Licensing Topical Report NEDC-31897P-1, "Generic Guidelines for General Electric Boiling Water Reactor Power Uprate." The Startup test program includes system testing of such process control systems as the feedwater flow and main steam pressure control systems. The licensee will collect steady-state operational data during various portions of the power ascension to the higher licensed power level so that predicted equipment performance characteristics can be verified. The licensee will do the startup testing program in accordance with its procedures. The licensee's approach is in conformance with the test guidelines of GE Licensing Topical Report NEDC-31897P-1, "Generic Guidelines for General Electric Boiling Water Reactor'Power Uprate." June 1991 (proprietary), GE Licensing Topical Report NEDO-31897, "Generic Guidelines for General Electric Boiling Water Reactor Power Uprate." February 1992 (nonproprietary), and NEDC-31897P-AA, Class III (proprietary), May1992.

(3)

Human Factors The licensee will review the results of the Cycle 13 startup test program to determine any potential effects on operator training. Training issues identified will be incorporated in Licensed Operator training during 1997. Simulator discrepancies identified will be addressed in accordance with simulator Configuration Management procedural requirements.

F.

Additional Conditions The Additional Conditions contained in Appendix C, as revised through Amendment No.

289, are herby incorporated into this renewed operating license. EN shall operate the facility in accordance with the Additional Conditions.

Amendment G.

ENF and EN shall take no action to cause. Enexus Energy Corporation to void, cancel, or modify the $700 million contingency commitment to provide funding for ENF without the prior written consent of the Director, Office of Nuclear Reactor Regulation.

H.

The decommissioning trust agreement shall provide that the use of assets in the decommissioning trust fund, in the first instance, shall be limited to the expenses related to decommissioning of the facility as defined by the NRC in its regulations and issuances, and as provided in this license and any amendments thereto.

The decommissioning trust agreement shall provide that no contribution to the decommissioning trust that consists of property other than liquid assets shall be permitted.

J.

With respect to the decommissioning trust fund, investments in the securities or other obligations of the PASNY, Entergy Corporation, Entergy Nuclear IP3, LLC, ENF, EN, Enexus Energy Corporation, or affiliates thereof, or their successors or assigns, shall be prohibited. Except for investments that replicate the composition of market indices or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear plants is prohibited.

K.

The decommissioning trust agreement shall provide that no disbursements or payments from the trust, other than for ordinary administrative expenses, shall be made by the trustee until the trustee has first given the NRC 30 days' prior written notice of payment.

In addition, the trust agreement shall state that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the Director, office or Nuclear Reactor Regulation.

L.

The decommissioning trust agreement shall provide that the trust agreement shall not be modified in any material respect without the prior written consent of the Director, Office of Nuclear Reactor Regulation.

M.

ENF, or its successors or assigns shall take no action that would adversely affect any contract between it and PASNY for PASNY's eventual payment of decommissioning funds from the trust.

N.

ENF, or its successors or assigns shall inform the NRC within 30 days of any adverse developments with respect to PASNY's ownership of the decommissioning trust that could reasonably be expected to lead to a significant diminution of funds available for decommissioning the facility.

0.

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 35.32(a)(3) of the Federal Energy Regulatory Commission's regulations.

Amendment P.

For purposes of ensuring public health and safety, ENF, upon transfer of this license to it, shall provide decommissioning funding assurancefor the facility, to be held in a decommissioning trust fund for the facility by the prepayment or equivalent method, of no less that the amount required under NRC regulations at 10 CFR 50.75. Any amount held in any decommissioning trust maintained by PASNY for the facility after the transfer of the facility license to ENF may be credited towards the amount required under this paragraph.

Q.

ENF 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 ENF and EN and the requirements of the order approving the transfer, and consistent with safety evaluation supporting such order.

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 wit 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 mitigation measures (c)

Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders S.

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.

Amendment T.

License Renewal Commitments/Conditions - The UFSAR supplement, as revised, describes certain future activities to be completed prior to and during the period of extended operation. ENF and EN shall complete these activities in accordancewith Appendix A of NUREG-1905, Safety Evaluation Report Related to the License Renewal of James A. FitzPatrick Nuclear Power Plant, issued April 2008. ENF and EN shall notify the NRC in writing within 10 days of completion of those activities required prior to the period of extended operation and those activities required during the period of extended operation.

U.

UFSAR Supplement Changes - The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d), shall be included in the next scheduled update to the UFSAR required by the 10 CFR 50.71(e)(4) following the issuance of this renewed operating license, Until that update is complete, ENF and EN may make changes to the programs and activities described in the supplement without prior Commission approval, provided that ENF and EN evaluate such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.

V.

Capsule withdrawal schedule - All capsules in the reactor vessel that are removed and tested must meet the test procedures and reporting requirements of the most recent NRC-approved version of the Boiling Water Reactor Vessel and Internals Project (BWRVIP)

Integrated Surveillance Program (ISP) appropriate for the configuration of the specimens in the capsule. Any changes to the capsule withdrawal schedule, including spare capsules, must be approved by the NRC prior to implementation. All capsules placed in storage must be maintained for future insertion. Any changes to storage requirements must be approved by the NRC, as required by 10 CFR Part 50, Appendix H.

3.

This renewed operating license is effective as of the date of issuance and shall expire at midnight on October 17, 2034.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by Eric J. Leeds, Director Office of Nuclear Reactor Regulation Attachments/Appendices:

1. Appendix A - Technical Specifications

2. Appendix B - Deleted

3. Appendix C - Additional Conditions Date of Issuance: September 8, 2008 Amendment

APPENDIX C ADDITIONAL CONSIDERATIONS OPERATING LICENSE NO. DPR-59 Amendment Number Additional Conditions 243 EquaGen Nuclear LLC (EN) shall describe snubber operation and surveillance requirements in the Final Safety Analysis Report such that future changes to those requirements will be subject to the provisions of 10 CFR 50.59.

250 EN shall relocate operability and surveillance requirements for logic bus power monitors, core spray sparger differential pressure, and low pressure coolant injection cross-connect valve position instruments to an Entergy-controlled document where future change to those relocated requirements are controlled under the provisions of 10 CFR 50.59.

274 EN shall relocate the Technical Specification requirements identified in Table LA

- "Removal of Details Matrix" and Table R -'"Relocated Specifications" to licensee-controlled documents, as described in the application as supplemented on June 12, 2002, and the NRC staff's Safety Evaluation enclosed-with Amendment 274, dated July 3, 2002. Further, relocations to the updated Final Safety Analysis Report (UFSAR) shall be reflected in the next UFSAR update required by 10 CFR 50.71(e) following implementation of this amendment.

289 Control Room Envelope Habitability Upon implementation of Amendment No. 289, adopting TSTF-448 Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage required by SR 3.7.3.3 in accordance with TS 5.5.14.c.(i), the assessment of CRE habitability as required by Specification 5.5.14.c.(ii), and the measurement of CRE pressure as required by Specification 5.5.14.d shall be considered met.

Following implementation:

(a)

The first performance of SR 3.7.3.3 in accordance with specification 5.5.14.c(i) shall be within the specified Frequency of 6 years, plus the 18-month allowance of SR 3.0.2 as measured from June 28, 2004, the date of the most recent successful tracer gas test, as stated in Entergy's letter "NRC Generic Letter 2003-01 Control Room Habitability Initial Action Summary Report" (JAFP-04-0159), dated September 27, 2004, or within 18 months if the time period since the most recent successful tracer gas test is greater than 6 years.

Amendment

Design Features 4.0 LAE INITAR 3 5aWr 0

Figure 4.1-1 (page I of 1)

Site and Exclusion Area Boundaries JAFNPP 4.0-4 Amendment