[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75074-75077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26510]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-003, 50-247, and 50-286; NRC-2022-0203]
Holtec Decommissioning International, LLC, Holtec Indian Point 2,
LLC and Holtec Indian Point 3, LLC; Indian Point Nuclear Generating
Unit Nos. 1, 2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Provisional Operating License No. DPR-5,
and Renewed Facility License Nos. DPR-26 and DPR-64, issued to Holtec
Decommissioning International, LLC, on behalf of Holtec Indian Point 2,
LLC and Holtec Indian Point 3, LLC, for Indian Point Nuclear Generating
Unit Nos. 1, 2, and 3, collectively referred to as the Indian Point
Energy Center. The proposed amendment would remove the Cyber Security
Plan requirements contained in License Condition 3.d of the Indian
Point Unit 1 Provisional License, License Condition 2.H of the Indian
Point Unit 2 Renewed Facility License, and License Condition 2.G of the
Indian Point Unit 3 Renewed Facility License to reflect the cyber
security requirements associated with decommissioning power reactors.
DATES: Submit comments by January 6, 2023. Requests for a hearing or
petition for leave to intervene must be filed by February 6, 2023.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website.
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0203. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
FOR FURTHER INFORMATION CONTACT: Karl Sturzebecher, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-8534, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0203 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0203.
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
[[Page 75075]]
``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
license amendment request is available in ADAMS under Accession No.
ML22140A126.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected].or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2022-0203 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Provisional
Operating License No. DPR-5, and Renewed Facility License Nos. DPR-26
and DPR-64 for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3
located in Westchester County, New York. The license amendment request
proposes to remove the Cyber Security Plan (CSP) requirements from the
licenses for the three reactor units at the Indian Point Energy Center
(IPEC) to reflect the NRC guidance associated with cyber security
requirements for decommissioning power reactors.
To support the decommissioning of IPEC, the proposed revisions
would remove the cyber security requirements from the Indian Point
Nuclear Generating Unit Nos. 1, 2, and 3 license conditions prior to
the completion of the transfer of spent fuel from the Indian Point Unit
2 (IP2) and Indian Point Unit 3 (IP3) spent fuel pools (SFPs) to dry
storage within the onsite independent spent fuel storage installation
(ISFSI). The licensee's request considers the cooling period for spent
fuel stored in the SFPs after the IP2 and IP3 reactors permanently shut
down. Removal of the CSP requirements from the licenses for the three
reactor units at IPEC would align with the reduced risks for a nuclear
power facility that has permanently ceased operations and removed all
fuel from the reactor vessel, and where the spent fuel has had
sufficient time to cool down such that the spent fuel stored in the
SFPs cannot reasonably heat-up to clad ignition temperature within 10
hours.
Before issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in Sec. 50.92 of title 10 of the Code of Federal
Regulations (10 CFR), this means that operation of the facility in
accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented as follows:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
All power operations at IPEC have ceased and all spent fuel has
been removed from the IP1, IP2, and IP3 reactor vessels. All fuel
has been removed from the IP1 SFP, and the IP1 SFP is no longer used
to store fuel. Spent fuel at IPEC will be stored either in the IP2
SFP, the IP3 SFP, or ISFSI. Therefore, the spectrum of possible
transients and accidents at IP1, IP2, and IP3 is significantly
reduced compared to an operating nuclear power reactor.
The only design basis accident (DBA) that could potentially
result in an offsite radiological release at IPEC is a fuel handling
accident (FHA) involving spent fuel stored in the IP2 SFP or IP3
SFP. An analysis indicates that after a decay time of 15 months
following permanent cessation of power operations of each unit,
there is no longer any possibility of an offsite radiological
release from a DBA that could exceed the U.S. Environmental
Protection Agency's (EPA's) Protection Action Guides (PAGs). With
this significant reduction in radiological risk based on the IP1,
IP2, and IP3 reactors being shut down for more than 15 months, the
consequences of a cyber-attack are also significantly reduced.
Additionally, per an NRC Memorandum dated December 5, 2016,
(ADAMS No. ML16172A285) ``Cyber Security Requirements for
Decommissioning Nuclear Power Plants,'' the NRC staff determined
that 10 CFR 73.54, ``Protection of digital computer and
communication systems and networks,'' does not apply to reactor
licensees that have submitted certifications of permanent cessation
of power operations and permanent removal of fuel under 10 CFR
50.82(a)(1), and whose certifications have been docketed by the NRC
as required by 10 CFR 50.82(a)(2). The IP1 reactor has transferred
all spent fuel to the ISFSI and drained the SFP. The IP2 and IP3
certifications were submitted and docketed in accordance with 10 CFR
50.82(a)(1) and 10 CFR 50.82(a)(2), respectively, after all fuel was
moved to the IP2 SFP and IP3 SFP, respectively.
The bounding analyses for the IP2 and IP3 SFPs for beyond design
basis events demonstrate that 15 months after shutdown of IP3 a
minimum of 10 hours is available before the fuel cladding
temperature of the hottest fuel assembly in SFP reaches 900[deg]C
with a complete loss of SFP water inventory. The site-specific
analysis determined that sufficient time will have passed prior to
the requested implementation date for these license amendments such
that the spent fuel stored in the IP2 SFP or IP3 SFP cannot
reasonably heat-up to clad ignition temperature within 10 hours.
This proposed change does not alter previously evaluated
accident analysis assumptions, introduce or alter any initiators, or
affect the function of facility structures, systems, and components
(SSCs) relied upon to prevent or mitigate any previously evaluated
accident or the manner in which these SSCs are operated, maintained,
modified, tested, or inspected. The proposed change does not involve
any facility modifications which affect the performance capability
of any SSCs relied upon to prevent or mitigate the consequences of
any previously evaluated accidents.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
This proposed change does not alter accident analysis
assumptions, introduce or
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alter any initiators, or affect the function of facility SSCs relied
upon to prevent or mitigate any previously evaluated accident, or
the manner in which these SSCs are operated, maintained, modified,
tested, or inspected. The proposed change does not involve any
facility modifications which affect the performance capability of
any SSCs relied upon to mitigate the consequences of previously
evaluated accidents and does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
Plant safety margins are established through limiting conditions
for operation and design features specified in the IP1, IP2, and IP3
Permanently Defueled Technical Specifications that were approved for
IP1 on April 14, 2021, IP2 on April 28, 2020, and IP3 on April 22,
2021, and amended on May 28, 2021. The proposed change does not
involve any changes to the initial conditions that establish safety
margins and does not involve modifications to any SSCs which are
relied upon to provide a margin of safety. Because there is no
change to established safety margins as a result of this proposed
change, no significant reduction in a margin of safety is involved.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period if circumstances change during the 30-day comment period such
that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. If the Commission takes action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
If the Commission makes a final no significant hazards consideration
determination, any hearing will take place after issuance. The
Commission expects that the need to take this action will occur very
infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
If a hearing is requested and the Commission has not made a final
determination on the issue of no significant hazards' consideration,
the Commission will make a final determination on the issue of no
significant hazards consideration, which will serve to establish when
the hearing is held. If the final determination is that the amendment
request involves no significant hazards consideration, the Commission
may issue the amendment and make it immediately effective,
notwithstanding the request for a hearing. Any hearing would take place
after issuance of the amendment. If the final determination is that the
amendment request involves a significant hazards consideration, then
any hearing held would take place before the issuance of the amendment
unless the Commission finds an imminent danger to the health or safety
of the public, in which case it will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions and E-Filing
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
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Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system timestamps the document and sends the
submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated May 20, 2022 (ADAMS Accession
No. ML22140A126).
Attorney for Licensee: Erin Connolly, Corporate Counsel--Legal,
Holtec International, Krishna P. Singh Technology Campus, 1 Holtec
Blvd., Camden, NJ 08104.
NRC Branch Chief: Shaun M. Anderson.
Dated: December 1, 2022.
For the Nuclear Regulatory Commission.
Jack D. Parrott,
Acting Chief, Reactor Decommissioning Branch, Division of
Decommissioning, Uranium Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2022-26510 Filed 12-6-22; 8:45 am]
BILLING CODE 7590-01-P