POLICY ISSUE 

INFORMATION 

February 1, 2010 SECY-10-0015

FOR: The Commissioners 

FROM: Eric J. Leeds, Director 

 Office of Nuclear Reactor Regulation 

SUBJECT: SECOND ANNUAL STATUS OF REACTIVATION OF CONSTRUCTION 

AND LICENSING FOR THE WATTS BAR NUCLEAR PLANT, UNIT 2 

PURPOSE: 

This paper is the second annual status report to inform the Commission of the staff’s activities 

and accomplishments relating to the reactivation of construction, licensing, and inspection for 

the Watts Bar Nuclear Plant (WBN), Unit 2. This paper updates status information provided in 

SECY-09-0012, “Status of Reactivation of Construction and Licensing Activities for the Watts 

Bar Nuclear Plant, Unit 2,” dated January 15, 2009. This paper does not address any new 

commitments or resource implications. 

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) staff continues its review of the operating 

license (OL) application for WBN, Unit 2, which the Tennessee Valley Authority (TVA) updated 

on March 4, 2009. For four consecutive weeks beginning on May 1, 2009, the staff published a 

notice of the receipt of the updated OL application in the Federal Register (74 FR 20350) and 

provided the public an additional opportunity to request a hearing. In response to the notice, the 

NRC received a petition to intervene and a request for hearing, which has been granted by the 

Atomic Safety and Licensing Board. 

CONTACTS: Lakshminarasimh Raghavan, NRR/DORL 

(301) 415-2429 

Patrick D. Milano, NRR/DORL 

(301) 415-1457 
The Commissioners - 2 -

The Director of the Office of Nuclear Reactor Regulation (NRR) and the Regional Administrator 

of Region II established a Watts Bar Reactivation Assessment Group (WRAG) to provide 

oversight and management direction to ensure that the staff’s review addresses all relevant 

regulatory requirements, that appropriate inspections are conducted, and that any conclusions 

on licensing of the facility are well supported. WRAG held its initial meeting at the Region II 

offices in Atlanta, GA, on September 28, 2009. WRAG will maintain its overview of the licensing 

process until the agency makes a final decision on whether to issue a full-power OL or until a 

time that the Director of NRR and the Regional Administrator of Region II mutually agree to 

discontinue the WRAG. 

The staff has completed its review of TVA’s regulatory framework and reconstituted the 

licensing basis for WBN, Unit 2. NUREG-0847, “Safety Evaluation Report [SER] Related to the 

Operation of Watts Bar Nuclear Plant, Units 1 and 2,” Supplement 21, “Safety Evaluation Report 

Related to the Operation of Watts Bar Nuclear Plant, Unit 2” (SSER 21), issued February 2009, 

documents this review. In SSER 21, the staff identified topics that are open for staff review of 

the OL application for WBN, Unit 2. 

As part of its nuclear performance plan for addressing certain construction and performance 

deficiencies at WBN and other facilities in response to an NRC demand for information in 1985, 

TVA developed and implemented 18 corrective action programs (CAPs) and 11 special 

programs at WBN, Unit 1. As part of its OL review for WBN, Unit 1, the staff found these 

programs acceptable, and TVA implemented them at WBN, Unit 1. TVA is also implementing 

these programs at WBN, Unit 2. TVA revised several of the CAPs for WBN, Unit 2, as they 

relate to electrical and cable issues, quality assurance documents, and replacement parts. The 

staff has completed its review of these revised CAPs, as documented in letters dated August 31 

and September 8 and 9, 2009, and determined that, when TVA fully implements them, the 

revised approaches should adequately address the previous deficiencies. The staff will inspect 

TVA’s implementation of all CAPs and special programs in WBN, Unit 2. 

The staff has reviewed TVA’s responses to generic correspondence issued since the initial OL 

application in 1973 for WBN, Units 1 and 2. Based on its review, documented in SSER 21, the 

staff identified 54 generic communications that require resolution for WBN, Unit 2. The staff has 

now reviewed TVA’s responses to 9 of the generic communications issued after 1995 and found 

them acceptable. The staff will document the results of its review in subsequent SSERs. 

TVA continues to make licensing submittals in the form of amendments to the final safety 

analysis report for WBN, Unit 2, to address the remaining topics identified in SSER 21. The 

staff’s review is in progress. 

On November 12, 2009, TVA submitted an application for a license to receive and store nuclear 

fuel at WBN, Unit 2, under Title 10 of the Code of Federal Regulations Part 70, “Domestic 

Licensing of Special Nuclear Material.” TVA previously held a Part 70 license (SNM-1873) for 

WBN Unit 2, which was originally issued on February 1981. License SNM-1873 was terminated 

in January 1998 at TVA’s request. The Office of Nuclear Material Safety and Safeguards is 

reviewing this application, which was accepted for a detailed review on December 23, 2009. 

As part of the updated OL application, TVA supplemented its environmental impact statement to 

support the operation of WBN, Unit 2. On September 11, 2009, the NRC published a notice of 

intent in the Federal Register to prepare a supplement to the final environmental statement for 
The Commissioners - 3 -

operation of WBN, Unit 2, and to conduct a scoping process. On October 6, 2009, the staff held 

a meeting near the WBN site to provide the public an opportunity to participate in the 

environmental scoping process. The staff’s review of TVA’s supplemental environmental impact 

statement is in progress. 

The staff continues to conduct construction inspections to determine if the plant is being built in 

accordance with the regulatory requirements and can be operated in a safe manner. A 

self-assessment of this construction inspection program was completed, and actions are 

underway to address the suggested improvements. 

On the basis of its licensing reviews and inspection activities completed to date, the staff 

remains on a schedule for accomplishing the remainder of the actions that is consistent with 

TVA’s plan to complete construction and request an OL by April 1, 2012. 

A detailed discussion of the status of activities on the OL review project for WBN, Unit 2, is 

enclosed. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper for resource implications and has 

no objections. 

 /RA/ 

 Eric J. Leeds, Director 

 Office of Nuclear Reactor Regulation 

Enclosure: 

Status of Reactivation of Construction and 

 Licensing for the Watts Bar Nuclear Plant, Unit 2 
The Commissioners - 3 - 

operation of WBN, Unit 2, and to conduct a scoping process. On October 6, 2009, the staff held 

a meeting near the WBN site to provide the public an opportunity to participate in the 

environmental scoping process. The staff’s review of TVA’s supplemental environmental impact 

statement is in progress. 

The staff continues to conduct construction inspections to determine if the plant is being built in 

accordance with the regulatory requirements and can be operated in a safe manner. A 

self-assessment of this construction inspection program was completed, and actions are 

underway to address the suggested improvements. 

On the basis of its licensing reviews and inspection activities completed to date, the staff 

remains on a schedule for accomplishing the remainder of the actions that is consistent with 

TVA’s plan to complete construction and request an OL by April 1, 2012. 

A detailed discussion of the status of activities on the OL review project for WBN, Unit 2, is 

enclosed. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper for resource implications and has 

no objections. 

 /RA/ 

 Eric J. Leeds, Director 

 Office of Nuclear Reactor Regulation 

Enclosure: 

Status of Reactivation of Construction and 

 Licensing for the Watts Bar Nuclear Plant, Unit 2 

ADAMS ACCESSION NUMBER: ML093561251 *via e-mail 

OFFICE LWBP/PM LWBP/LA NRR/LWBP/BC TechEditor NRR/DIRS NRR/DLR NRR/DE 

NAME PMilano BClayton LRaghavan KAzariah-Kribbs FBrown BHolian 

(SLee for) 

PHiland 

DATE 01/20/10 01/20/10 12/22/09 12/11 /09 12/24/09 12/24/09 01/20/10 

OFFICE NMSS/FFLD* NSIR/DPR * NSIR/DSP* REGION II/DCP* NRR/DORL/D OGC nlo NRR/D 

NAME PHabighorst KWilliams 

(SLaVie for) 

RCorreia RCroteau JGiitter DRoth ELeeds 

DATE 12/22/09 12/23/09 12/22/09 01/15/10 01/19/10 01/12/10 02/01/10 

OFFICIAL RECORD COPY 
Enclosure 

STATUS OF REACTIVATION OF CONSTRUCTION AND LICENSING

FOR THE WATTS BAR NUCLEAR PLANT, UNIT 2

BACKGROUND: 

In SECY-09-012, “Status of Reactivation of Construction and Licensing Activities for the Watts 

Bar Nuclear Plant Unit 2 [WBN, Unit 2],” dated January 15, 2009, the U.S. Nuclear Regulatory 

Commission (NRC) staff informed the Commission of the status of its activities and 

accomplishments following notification from Tennessee Valley Authority (TVA) of its plan to 

reactivate and complete construction activities at WBN, Unit 2. 

In Staff Requirements Memorandum (SRM)-SECY-07-0096, “Staff Requirements—Possible 

Reactivation of Construction and Licensing Activities for the Watts Bar Nuclear Plant, Unit 2,” 

dated July 25, 2007, the Commission provided direction for the licensing and inspection 

program approach that should be used for WBN, Unit 2. In this regard, TVA will align Unit 2 to 

the Unit 1 licensing and design basis to the maximum extent possible. 

The latest completion date in the construction permit for WBN, Unit 2, is March 31, 2013. 

DISCUSSION: 

The status of the licensing and inspection activities associated with completion of the 

construction of WBN, Unit 2, which includes the staff’s accomplishments to date, staff activities 

in focus, and critical path issues, is discussed below. 

1. Notice of Operating License Application Published in the Federal Register and Request 

for Hearing Received

As directed by the Commission in SRM-SECY-07-0096, upon receipt of TVA’s update of the 

operating license (OL) application for WBN, Unit 2, the staff published in the Federal Register

on May 1, 2009 (74 FR 20350), a notice of additional opportunity for the public to request a 

hearing. In addition to publishing the notice for 4 consecutive weeks in the Federal Register, 

the staff also announced the opportunity for the public to request a hearing in several 

newspapers in the vicinity of the plant. In response to the notice, the NRC received a petition to 

intervene and a request for hearing filed jointly by five organizations—Southern Alliance for 

Clean Energy (SACE), the Tennessee Environmental Council, We The People, the Sierra Club, 

and the Blue Ridge Environmental Defense League. By its memorandum and order dated 

November 19, 2009, the Atomic Safety and Licensing Board granted the request for hearing on 

behalf of SACE. 

2. Watts Bar Reactivation Assessment Group Established

On July 10, 2009, the Director of the Office of Nuclear Reactor Regulation (NRR) and the 

Regional Administrator of Region II established the Watts Bar Reactivation Assessment Group 

(WRAG). A charter defines its authority and objectives. WRAG will provide oversight and 

management direction to determine whether the required actions have been reviewed by the 

staff and implemented successfully by TVA to ensure that WBN, Unit 2, meets all the relevant 
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regulatory requirements and can be operated safely. WRAG will make a recommendation to 

the Director of NRR and the Regional Administrator of Region II at the appropriate time as to 

whether TVA has successfully completed the activities discussed in NRR Office Instruction 

LIC-110, “Watts Bar Unit 2 Reactivation of Operating License Review,” Revision 1, dated 

September 28, 2009, and in NRC Inspection Manual Chapter (IMC) 2517, “Watts Bar Unit 2 

Construction Inspection Program,” dated February 15, 2008. 

On September 28, 2009, WRAG held its first meeting at the Region II offices in Atlanta, GA. 

WRAG will maintain its overview of the licensing process until the agency makes a final decision 

on the issuance of a full-power OL or until a time that the Director of NRR and the Regional 

Administrator of Region II mutually agree to discontinue the WRAG. The most recent meeting 

was held on January 12, 2010, in Rockville, MD. Following its internal meeting, WRAG met with 

TVA management in a public meeting to discuss TVA’s overall progress. Two or more meetings 

are planned each year, consistent with the needs of the project. 

3. Operating License Application Review—Licensing Basis Reconstituted

The NRC staff has completed its review of TVA’s regulatory framework and has reconstituted 

the licensing basis for WBN, Unit 2. NRR Office Instruction LIC-110 delineates the staff’s 

review process. 

For this effort, the NRC staff used the set of topics covered in NUREG-0800, “Standard Review 

Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,” 

Revision 1, issued July 1981; TVA’s nuclear performance plan issues; and the WBN final safety 

analysis report (FSAR) through Amendment No. 91 (the FSAR version approved for WBN, Units 

1 and 2). Based on its review, the staff determined whether the NRC had previously reviewed 

and approved a technical topic and identified open topics that require further information from 

TVA and staff review. In addition to the status of topic items related to the safety evaluation 

report (SER), the framework detailed the status of TVA’s response and implementation in 

response to generic correspondence issued since the start of licensing in 1973 and the status of 

TVA’s corrective action program (CAP) and special program (SP) plans identified in the WBN 

nuclear performance plan, which included issues described in NUREG-1232, Volume 4, “Safety 

Evaluation Report on Tennessee Valley Authority: Watts Bar Nuclear Performance Plan, Watts 

Bar Unit 1,” issued January 1990. The results of this determination provided the licensing 

framework for the project as documented in NUREG-0847, “Safety Evaluation Report Related to 

the Operation of Watts Bar Nuclear Plant, Units 1 and 2,” Supplement 21, “Safety Evaluation 

Report Related to the Operation of Watts Bar Nuclear Plant, Unit 2” (SSER 21), issued 

February 2009. 

On March 4, 2009, TVA provided an update to its OL application for WBN, Unit 2, addressing 

the general and technical information required by Section 50.33, “Contents of applications; 

general information,” and Section 50.34, “Contents of construction permit and operating license 

applications; technical information,” of Title 10 of the Code of Federal Regulations (10 CFR) 

Part 50, “Domestic Licensing of Production and Utilization Facilities.” By letter dated 

December 18, 2008, TVA provided the FSAR for WBN, Unit 2, as Amendment 92 to the FSAR. 

Earlier FSAR amendments related to WBN, Units 1 and 2. TVA is currently submitting periodic 

updates to the FSAR as engineering is completed to resolve the open SER topic items. TVA 

expects to submit the last update by the end of March 2010. The staff is currently scheduled to 

complete the technical review about March 2011. 
- 3 -

4. Program Review of the Tennessee Valley Authority’s Corrective Action Program and 

Special Program Plans Completed

As part of its nuclear performance plan for addressing certain construction and performance 

deficiencies at WBN and other facilities, TVA developed and implemented 18 CAPs and 11 

SPs. During the OL review for WBN, Unit 1, the staff found the CAPs and SPs acceptable for 

implementation at WBN, Unit 1. With the exception of four CAPs, TVA plans to implement them 

at WBN, Unit 2, without modifications. In its letters dated January 29, May 29, and 

September 26, 2008, TVA proposed a modification of its implementation approach relating to 

the other four CAPs—cable issues, electrical issues, quality assurance records, and 

replacement parts. The staff has completed its review of the program plans for these four CAPs 

and determined that these revised approaches should adequately address the previous 

deficiencies when fully implemented by TVA. The staff’s conclusions were documented in 

letters to TVA dated August 31 and September 8 and 9, 2009. 

Therefore, the NRC staff finds the program review of all the TVA CAP and SP plans to be 

complete. The staff plans to conduct inspections to verify TVA’s implementation of all CAPs 

and SPs. 

5. Staff’s Review of the Tennessee Valley Authority’s Responses to Generic 

Correspondence Continues

The staff has completed its review of TVA’s responses to generic correspondence issued since 

the initial OL application for WBN, Units 1 and 2. Based on this review, in SSER 21, the staff 

identified 54 generic communications that require resolution for WBN, Unit 2. The staff is 

currently reviewing TVA’s responses to a number of the generic communications issued after 

1995. The remainder will be reviewed along with the evaluation of affected FSAR sections. 

The staff will document its review results in subsequent SSERs. 

6. Licensing-Basis Preservation Program Reviewed

The NRC staff recognized that there may be circumstances that could result in the need to 

reopen an SER topic item that was previously considered resolved. Even if a topic was 

previously reviewed and resolved within the SER (NUREG-0847) and its supplements, 

circumstances that could lead to the revision of the previous evaluation or the performance of a 

new evaluation exist. For example, TVA made design- and licensing-basis changes to WBN, 

Unit 1, after the issuance of the Unit 1 OL; most of these changes will be implemented for WBN, 

Unit 2, and will need to be assessed to determine any effect on previous safety evaluations 

prepared for WBN, Unit 2. The Unit 1 changes include items approved by amendments under 

10 CFR 50.90, “Application for Amendment of License, Construction Permit, or Early Site 

Permit,” or changes implemented in accordance with 10 CFR 50.59, “Changes, Tests, and 

Experiments.” In addition, revisions to regulations and guidance will be considered along with 

the effect of dual-unit operation. TVA will also be assessing the effect of any exemptions, 

reliefs, and other actions that were specifically granted for WBN, Unit 1, to determine if the 

same allowance is appropriate for WBN, Unit 2. 

In a letter dated September 8, 2009, TVA provided its licensing-basis preservation program at 

WBN, Unit 2, and the process procedure that its engineering organization will use to evaluate 

the relevance of previously completed NRC safety evaluations to the final WBN, Unit 2, design 
- 4 -

or to identify topics that require supplemental review. The NRC staff is currently reviewing this 

program and plans to document its findings in the next supplement to the SER. 

7. Construction Refurbishment Program Review Underway

Because of the long duration during which plant construction was inactive and the scope of 

equipment layup activities were limited, TVA is developing a comprehensive program to address 

the potential for degradation of equipment and the criteria to assess the impact on the design 

basis of components. The NRC staff is reviewing the program plan that TVA submitted. Upon 

TVA’s completion of its procedures to implement this plan, the staff expects to conduct an 

inspection to assess the adequacy of these procedures before making its final determination on 

the acceptability of the program. The staff will conduct inspections as TVA begins to implement 

the procedures in the field. 

8. Application for a License under 10 CFR Part 70 in Review

On November 12, 2009, TVA submitted an application for a license to receive and store nuclear 

fuel at WBN, Unit 2, under 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material.” 

The Office of Nuclear Material Safety and Safeguards is conducting the review. 

9. Environmental Scoping To Obtain Public Comments

TVA submitted an Environmental Impact Statement in November 1972 to support its request for 

the construction permits. In December 1978, the NRC staff issued NUREG-0498, “Final 

Environmental Statement related to the Operation of Watts Bar Nuclear Plant, Units Nos. 1 

and 2” (FES-OL). As part of its application for WBN, Unit 2, TVA submitted a Final 

Supplemental Environmental Impact Statement for the Completion and Operation of WBN, 

Unit 2 (FSEIS), issued June 2007, to the NRC on February 15, 2008. TVA provided additional 

information in support of the FSEIS on January 2009. 

The staff issued a notice of intent to prepare a supplement to its FES-OL for WBN, Unit 2, and 

to conduct a scoping process. In this regard, the staff held a meeting (two sessions) in 

Sweetwater, TN, on October 6, 2009, to inform the public that a supplement to the FES-OL 

related to the review of the license application will be prepared in accordance with 

10 CFR 51.92, “Supplement to the Final Environmental Impact Statement,” and to provide the 

public an opportunity to participate in the environmental scoping process, as defined in 

10 CFR 51.29, “Scoping—Environmental Impact Statement and Supplement to Environmental 

Impact Statement.” The staff received public comments at the meeting and in writing that will be 

addressed in a draft supplement to the FES-OL. This draft will also be issued for public 

comment when it is completed. 
- 5 -

10. Construction Inspection Activities

a. Resident Inspector Office Activities 

The resident inspector (RI) office was established and fully staffed with one senior RI and two 

RIs in 2008 to perform the inspections of construction activities at WBN, Unit 2. As a result of 

increased construction activities, the region plans to add another RI in early 2010. In addition to 

assisting with construction inspections, the new RI will be involved with system preoperational 

testing and startup testing. The additional RI will be actively involved in the transition of WBN, 

Unit 2, from construction to operations and will eventually become an operational RI. 

Communications between the WBN, Unit 1 and Unit 2 RI staffs occur regularly to discuss plant 

status, inspection needs, and any construction activities that could impact Unit 1. 

b. Inspection of Corrective Action Programs and Special Programs Commenced 

TVA developed the CAPs and SPs to resolve concerns with the quality of construction at WBN 

in the 1970s and early 1980s. TVA implemented the CAPs and SPs on WBN, Unit 1, and the 

NRC inspected these programs for WBN, Unit 1. For the majority of the CAPs and SPs, TVA 

plans to take the same actions for WBN, Unit 2, as those taken for WBN, Unit 1. Currently, TVA 

has established closure plans and points of contact for a majority of the systems affected by 

these CAPs and SPs. To promote communications and inspection efficiency, the Region II 

office has assigned system inspectors from various divisions (i.e., the Division of Reactor 

Safety, the Division of Construction Projects, and the Division of Construction Inspection) to 

review these plans. Regional inspections have begun for the CAPs and SPs. 

c. Construction Inspection Activities 

The RIs continued to implement construction inspection procedures identified as not fully 

completed from initial construction inspections or associated with “new” work at WBN, Unit 2. In 

2009, the RIs and supporting regional staff have issued four quarterly inspection reports. These 

inspection reports primarily concentrated on the completion of inspection procedure samples 

and the implementation of CAPs and SPs. Additionally, generic communications (e.g., bulletins, 

Three Mile Island action items, and generic letters) have been screened for applicability to 

WBN, Unit 2, and have been added to the inspection plan and schedule database as necessary 

items to close before the restart of WBN, Unit 2. In addition, an RI team conducted a problem 

identification and resolution inspection in June 2009. The staff has found that TVA has 

adequate controls for ongoing construction activities. 

d. TVA Performance Assessment Activities 

The staff completed periodic assessments of TVA’s performance for the WBN, Unit 2, project, 

consistent with the guidance in IMC 2517. An End-of-Cycle review for 2008 and a Mid-Cycle 

review for 2009 were performed. During these reviews, the staff concluded that overall, TVA’s 

performance at WBN, Unit 2, was adequate and no changes to planned inspections were 

needed. The 2009 End-of-Cycle review is planned for February 2010. 
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e. Self-Assessment Activities Completed 

The NRC completed an audit in August 2009 to perform a comprehensive evaluation of the 

implementation of the developed approach for NRC oversight of the WBN, Unit 2, construction 

project. The audit team consisted of a Region I branch chief, an NRR staff member from the 

Division of Inspection and Regional Support, and an NRR branch chief from the Division of 

License Renewal. In the audit report dated August 31, 2009 (Agencywide Documents Access 

and Management System Accession No. ML092430126), the team made a number of 

recommendations and suggestions to improve the construction inspection program. Overall, the 

audit concluded that the implementation of construction inspection activities was adequate. The 

Region II staff has developed corrective actions to address the recommendations and 

suggestions from the audit. These items were discussed during the January 12, 2009, WRAG 

meeting. 

11. Technical Review Staff Resource Challenge 

The staff has been refining its workload estimates for completing the OL review and preparation 

of the SER. On the basis of these estimates, the staff recognized that additional electrical and 

instrumentation review resources may be necessary to complete the project within the schedule. 

In the electrical area, the staff was able to obtain the services of a retired annuitant to minimize 

the impact. Management is working to identify possible support from other offices and the NRC 

Regions to alleviate the projected shortage in the instrumentation and control area. 

12. Additional Activities 

a. Changes in Security Requirements 

The staff will review the changes to the WBN security plan, including actions that TVA has taken 

to meet the new regulatory requirements relating to physical and cyber security. 

b. Department of Homeland Security Consultation 

Section 657 of the Energy Policy Act of 2005 requires the NRC to consult with the Department 

of Homeland Security (DHS) concerning potential vulnerabilities of the location of a proposed 

facility to terrorist attack. In this regard, DHS has conducted an onsite visit at WBN in August 

2008 to implement a portion of their consultation. On November 7, 2008, DHS issued its New 

Reactor Consultation Report on WBN, Unit 2, which satisfied the requirement of the Energy 

Policy Act. 

c. Radiological Emergency Response Plan 

The NRC staff is interfacing with the Federal Emergency Management Agency on the 

respective agency responsibilities associated with the onsite and offsite emergency 

preparedness review for WBN, Unit 2. The Federal Emergency Management Agency has 

agreed to the scope of the reviews and a review schedule, including milestone target dates. In 

addition, the staff is obtaining contract support for the review of the evacuation time estimates. 
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d. Antitrust Review 

The Atomic Energy Act of 1954, as amended, has eliminated the need for antitrust reviews of 

OL applications for future applications occurring after the date of the amendment. However, the 

OL application for WBN, Unit 2, was received and docketed in 1976, and it predates the revision 

to the Atomic Energy Act. Therefore, the staff will perform an antitrust review of WBN, Unit 2. 

The staff is working with a contractor to complete the effort.