[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71664-71666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24935]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003, 50-247, and 50-286; NRC-2020-0239]


Holtec Decommissioning International, LLC; Indian Point Nuclear 
Generating Unit Nos. 1, 2, and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption in response to the February 12, 2020, request 
from Holtec Decommissioning International, LLC (HDI) related to Indian 
Point Nuclear Generating Unit Nos. 1, 2, and 3 (referred to 
individually as IP1, IP2, and IP3, respectively, and collectively as 
the Indian Point Energy Center or IPEC), located in Westchester County, 
New York. The exemption would permit HDI to use funds from the IP1, 
IP2, and IP3 nuclear decommissioning trusts (NDTs) for spent fuel 
management and site restoration activities for IP1, IP2, and IP3, 
respectively. The exemption would also allow such withdrawals without 
prior notification to the NRC. The NRC staff is issuing an 
Environmental Assessment (EA) and Finding of No Significant Impact 
(FONSI) associated with the proposed exemption.

DATES: The EA and FONSI referenced in this document are available on 
November 10, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0239 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0239. Address 
questions about Docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document. In addition, for the 
convenience of the reader, the ADAMS accession numbers are provided in 
a table in the AVAILABILITY OF DOCUMENTS section of this document.
     Attention: The PDR, where you may examine and purchase 
copies of public documents, is currently closed. You may submit your 
request to the PDR by email to [email protected] or call 1-800-397-
4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear 
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1030; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of an exemption from sections 
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of 
Federal Regulations (10 CFR) to HDI for Provisional Operating License 
No. DPR-5 and Renewed Facility Operating License Nos. DPR-26 and DPR-64 
for IP1, IP2, and IP3, respectively, located in Westchester County, New 
York. HDI requested the exemption by letter dated February 12, 2020 
(ADAMS Accession No. ML20043C539). The exemption would permit HDI to 
use funds from the IP1, IP2, and IP3 NDTs for spent fuel management and 
site restoration activities for IP1, IP2, and IP3, respectively, in the 
same manner that funds from the NDTs are used under 10 CFR 50.82(a)(8) 
for decommissioning activities. HDI submitted the exemption request 
based on its analysis of the expected IP1, IP2, and IP3 decommissioning 
costs, spent fuel management costs, and site restoration costs, as 
provided in the IPEC Post-Shutdown Decommissioning Activities Report 
(PSDAR) using the prompt decontamination and dismantlement (DECON) 
method submitted by HDI to the NRC on December 19, 2019 (ADAMS 
Accession No. ML19354A698).
    By letter dated November 21, 2019 (ADAMS Accession No. 
ML19326B953), Entergy Nuclear Operations, Inc. (ENOI), on behalf of 
itself, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian 
Point 3, LLC, Holtec International (Holtec), and HDI (collectively, the 
applicants), requested that the NRC consent to the transfer of control 
of Provisional Operating License No. DPR-5 and Renewed Facility 
Operating License Nos. DPR-26 and DPR-64 for IP1, IP2, and IP3, 
respectively, as well as the general license for the IPEC Independent 
Spent Fuel Storage Installation. Specifically, the applicants requested 
that the NRC consent to the transfer of ENOI's operating authority 
under these licenses to HDI and the ownership of the IP1 and IP2 
licenses to the Holtec subsidiary Holtec Indian Point 2, LLC and the 
ownership of the IP3 license to the Holtec subsidiary Holtec Indian 
Point 3, LLC. The requested exemption would only apply following an NRC 
approval of this license transfer application and the consummation of 
the transfer transaction.
    In accordance with 10 CFR 51.21, the NRC prepared the following EA 
that analyzes the environmental impacts of the proposed action. Based 
on the results of this EA, which are provided in Section II, and in 
accordance with 10

[[Page 71665]]

CFR 51.31(a), the NRC has determined not to prepare an environmental 
impact statement for the proposed licensing action and is issuing a 
FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would partially exempt HDI from the 
requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv). Specifically, the proposed action would allow HDI to 
use funds from the NDTs for spent fuel management and site restoration 
activities not associated with radiological decommissioning activities 
and would exempt HDI from the requirement for prior notification to the 
NRC for these activities.
    The proposed action is in accordance with HDI's application dated 
February 12, 2020.

Need for the Proposed Action

    By letter dated February 8, 2017 (ADAMS Accession No. ML17044A004), 
ENOI submitted to the NRC a certification in accordance with 10 CFR 
50.82(a)(1)(i), stating its determination to permanently cease power 
operations at IP2 and IP3 by April 30, 2020, and April 30, 2021, 
respectively, subject to operating extensions through, but not beyond, 
2024 and 2025, respectively. ENOI permanently ceased power operations 
at IP2 on April 30, 2020, and permanently defueled IP2 on May 12, 2020 
(ADAMS Accession No. ML20133J902).
    As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust 
funds may be used by the licensee if the withdrawals are for legitimate 
decommissioning activity expenses, consistent with the definition of 
decommissioning in 10 CFR 50.2. This definition addresses radiological 
decommissioning and does not include activities associated with spent 
fuel management or site restoration. Similarly, the requirements of 10 
CFR 50.75(h)(1)(iv) restrict the use of decommissioning trust fund 
disbursements (other than for ordinary and incidental expenses) to 
decommissioning expenses until final decommissioning has been 
completed. Therefore, exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 
CFR 50.75(h)(1)(iv) is needed to allow HDI to use funds from the NDTs 
for spent fuel management and site restoration activities.
    HDI stated that Tables 1, 2, and 3 of the exemption request 
demonstrate that the NDTs contain the amount needed to cover the 
estimated costs of IP1, IP2, and IP3 radiological decommissioning, as 
well as spent fuel management and site restoration activities. The 
adequacy of funds in the NDTs to cover the costs of activities 
associated with spent fuel management, site restoration, and 
radiological decommissioning through license termination is supported 
by the HDI IPEC DECON PSDAR. HDI stated that it needs access to the 
funds in the NDTs in excess of those needed for radiological 
decommissioning to support spent fuel management and site restoration 
activities not associated with radiological decommissioning.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, 
except for withdrawals being made under 10 CFR 50.82(a)(8) or for 
payments of ordinary administrative costs and other incidental expenses 
of the NDTs in connection with the operation of the NDTs, no 
disbursement may be made from the NDTs without written notice to the 
NRC at least 30 working days in advance. Therefore, an exemption from 
10 CFR 50.75(h)(1)(iv) is also needed to allow HDI to use funds from 
the NDTs for spent fuel management and site restoration activities 
without prior NRC notification.
    In summary, by letter dated February 12, 2020, HDI requested an 
exemption to allow NDT withdrawals, without prior written notification 
to the NRC, for spent fuel management and site restoration activities.

Environmental Impacts of the Proposed Action

    The proposed action involves an exemption from regulatory 
requirements that are of a financial or administrative nature and that 
do not have an impact on the environment. The NRC has completed its 
evaluation of the proposed action and concludes that there is 
reasonable assurance that adequate funds are available in the NDTs to 
complete all activities associated with radiological decommissioning as 
well as spent fuel management and site restoration. There is no 
decrease in safety associated with the use of the NDTs to also fund 
activities associated with spent fuel management and site restoration. 
Section 50.82(a)(8)(v) of 10 CFR requires a licensee to submit a 
financial assurance status report annually between the time of 
submitting its site-specific decommissioning cost estimate and 
submitting its final radiation survey and demonstrating that residual 
radioactivity has been reduced to a level that permits termination of 
its license. Section 50.82(a)(8)(vi) of 10 CFR requires that if the sum 
of the balance of any remaining decommissioning funds, plus expected 
rate of return, plus any other financial surety mechanism does not 
cover the estimated cost to complete radiological decommissioning, 
additional financial assurance must be provided to cover the cost of 
completion. These annual reports provide a means for the NRC to 
continually monitor the adequacy of available funding. Since the 
exemption would allow HDI to use funds from the NDTs that are in excess 
of those required for radiological decommissioning, the adequacy of the 
funds dedicated for radiological decommissioning are not affected by 
the proposed exemption. Therefore, there is reasonable assurance that 
there will be no environmental impact due to lack of adequate funding 
for radiological decommissioning.
    The proposed action will not significantly increase the probability 
or consequences of radiological accidents. The NRC staff has concluded 
that the proposed action has no direct radiological impacts. There 
would be no change to the types or amounts of radiological effluents 
that may be released; therefore, there would be no change in 
occupational or public radiation exposure from the proposed action. 
There are no materials or chemicals introduced into the plant that 
could affect the characteristics or types of effluents released 
offsite. In addition, the method of operation of waste processing 
systems would not be affected by the exemption. The proposed action 
will not result in changes to the design basis requirements of 
structures, systems, and components (SSCs) that function to limit or 
monitor the release of effluents. All the SSCs associated with limiting 
the release of effluents will continue to be able to perform their 
functions. Moreover, no changes would be made to plant buildings or the 
site property from the proposed action. Therefore, there are no 
significant radiological environmental impacts associated with the 
proposed action.
    With regard to potential non-radiological impacts, the proposed 
action would have no direct impacts on land use or water resources, 
including terrestrial and aquatic biota, as it involves no new 
construction or modification of plant operational systems. There would 
be no changes to the quality or quantity of non-radiological effluents 
and no changes to the plant's National Pollutant Discharge Elimination 
System permits would be needed. In addition, there would be no 
noticeable effect on socioeconomic conditions in the region, no 
environment justice impacts, no air

[[Page 71666]]

quality impacts, and no impacts to historic and cultural resources from 
the proposed action. Therefore, there are no significant non-
radiological environmental impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the proposed action would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action are similar.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies or Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action. On October 28, 2020, the 
NRC notified the State of New York representative of the EA and FONSI.

III. Finding of No Significant Impact

    The requested exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv) would allow HDI to use funds from the NDTs for spent 
fuel management and site restoration activities, without prior written 
notification to the NRC. The proposed action would not significantly 
affect plant safety, would not have a significant adverse effect on the 
probability of an accident occurring, and would not have any 
significant radiological or non-radiological impacts. The reason the 
human environment would not be significantly affected is that the 
proposed action involves an exemption from requirements that are of a 
financial or administrative nature and that do not have an impact on 
the human environment. Consistent with 10 CFR 51.21, the NRC conducted 
the EA for the proposed action, and this FONSI incorporates by 
reference the EA included in Section II of this document. Therefore, 
the NRC concludes that the proposed action will not have significant 
effects on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.
    Other than HDI's letter dated February 12, 2020, there are no other 
environmental documents associated with this review. This document is 
available for public inspection as indicated in Section I.
    Previous considerations regarding the environmental impacts of 
operating IPEC are described in NUREG-1437, Supplement 38, Volume 1, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants: Supplement 38 Regarding Indian Point Nuclear Generating Unit 
Nos. 2 and 3--Final Report, Main Report and Comment Responses,'' dated 
December 2010 (ADAMS Accession No. ML103350405), and Volume 5, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants: Supplement 38 Regarding Indian Point Nuclear Generating Unit 
Nos. 2 and 3--Final,'' dated April 2018 (ADAMS Accession No. 
ML18107A759).

IV. Availability of Documents

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         Date                    Title             ADAMS  Accession No.
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5/12/2020.............  Letter from ENOI to      ML20133J902.
                         NRC, ``Certifications
                         of Permanent Cessation
                         of Power Operations
                         and Permanent Removal
                         of Fuel from the
                         Reactor Vessel, Indian
                         Point Nuclear
                         Generating Unit No.
                         2''.
2/12/2020.............  Letter from HDI to NRC,  ML20043C539.
                         ``Request for
                         Exemptions from 10 CFR
                         50.82(a)(8)(i)(A) and
                         10 CFR
                         50.75(h)(1)(iv)''.
12/19/2019............  Letter from HDI to NRC,  ML19354A698.
                         ``Post Shutdown
                         Decommissioning
                         Activities Report
                         including Site-
                         Specific
                         Decommissioning Cost
                         Estimate for Indian
                         Point Nuclear
                         Generating Units 1, 2,
                         and 3''.
11/21/2019............  Letter from ENOI to      ML19326B953.
                         NRC, ``Application for
                         Order Consenting to
                         Transfers of Control
                         of Licenses and
                         Approving Conforming
                         License Amendments''.
4/2018................  NUREG-1437, Supplement   ML18107A759.
                         38, Volume 5,
                         ``Generic
                         Environmental Impact
                         Statement for License
                         Renewal of Nuclear
                         Plants, Supplement 38,
                         Regarding Indian Point
                         Nuclear Generating
                         Unit Nos. 2 and 3--
                         Final''.
2/8/2017..............  Letter from ENOI to      ML17044A004.
                         NRC, ``Notification of
                         Permanent Cessation of
                         Power Operations,
                         Indian Point Nuclear
                         Generating Unit Nos. 2
                         and 3''.
12/2010...............  NUREG-1437, Supplement   ML103350405.
                         38, Volume 1,
                         ``Generic
                         Environmental Impact
                         Statement for License
                         Renewal of Nuclear
                         Plants, Supplement 38,
                         Regarding Indian Point
                         Nuclear Generating
                         Unit Nos. 2 and 3--
                         Final Report, Main
                         Report and Comment
                         Responses''.
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    Dated: November 5, 2020.

    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-24935 Filed 11-9-20; 8:45 am]
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