[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75071-75074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26511]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-247; NRC-2022-0202]
Holtec Decommissioning International, LLC, Holtec Indian Point 2,
LLC; Indian Point Nuclear Generating Unit No. 2
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 Renewed Facility License No. DPR-26, issued
to Holtec Decommissioning International, LLC (HDI), on behalf of Holtec
Indian Point 2, LLC, for Indian Point Nuclear Generating Unit No. 2.
The proposed amendment would modify the Indian Point Unit 2 (IP2)
staffing requirements, prohibit the transfer of Indian Point Unit 3
(IP3) spent fuel to the IP2 spent fuel pool (SFP), and prohibit storing
spent fuel in the IP2 SFP. This change would support transfer of the
spent fuel from the IP2 SFP to dry storage within an independent spent
fuel storage installation (ISFSI) as part of ongoing decommissioning
activities at the Indian Point Energy Center (IPEC).
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 to by any of the following methods;
however, the NRC encourages electronic submission through the Federal
rulemaking website.
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0202. 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].
[[Page 75072]]
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0202 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-2022-0202.
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 license amendment request is
available in ADAMS under Accession No. ML22214A128.
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-2022-0202 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 Renewed Facility
License No. DPR-26 for Indian Point Nuclear Generating Unit No. 2
located in Westchester County, New York. The proposed amendment would
modify the IP2 staffing requirements, prohibit the transfer of IP3
spent fuel to the IP2 SFP, and prohibit storing spent fuel in the IP2
SFP. This change would support transfer of the spent fuel from the IP2
SFP to dry storage within an onsite ISFSI as part of ongoing
decommissioning activities at IPEC.
HDI expects that transfer of the spent fuel from the IP2 SFP to dry
storage within an ISFSI will be completed in February 2023. HDI is
requesting the proposed revisions to the IP2 renewed facility license
and permanently defueled technical specifications (PDTS) to modify the
IP2 staffing requirements to be commensurate with the hazards
associated with a permanently shutdown and defueled facility that has
transferred all spent fuel from its SFP to dry storage within an ISFSI.
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.
Section 6 of the IP2 Defueled Safety Analysis Report (DSAR)
described the design basis accidents (DBAs) related to the IP2 SFP.
These postulated accidents are predicated on spent fuel being stored
in the IP2 SFP. With the removal of the spent fuel from the IP2 SFP,
there are no remaining spent fuel assemblies to be monitored in the
IP2 SFP and there are no credible accidents at IP2 that require the
actions of a Certified Fuel Handler, Shift Manager, or a Non-
certified Operator to prevent occurrence or mitigate the
consequences of an accident.
The proposed changes modify the IP2 staffing commensurate with
the hazards associated with a permanently shutdown and defueled
facility that has transferred all spent fuel from its SFP to dry
storage within an ISFSI. After the removal of the spent fuel from
the IP2 SFP and transfer to the ISFSI, no spent fuel assemblies will
remain in the IP2 SFP. Coupled with a prohibition against storage of
fuel in the IP2 SFP and the elimination of the allowance to transfer
IP3 spent fuel to the IP2 SFP, the potential for fuel related
accidents is removed.
The proposed changes do not have an adverse impact on the
remaining decommissioning activities or any of their postulated
consequences. The proposed changes related to the relocation of
certain administrative requirements do not affect operating
procedures or administrative controls that have the function of
preventing or mitigating any accidents applicable to the safe
management of spent fuel or decommissioning of the facility.
Therefore, the proposed License Amendment 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.
With the removal of the spent fuel from the IP2 SFP, there are
no remaining spent fuel assemblies to be monitored in the IP2 SFP
and there are no credible accidents at IP2 that require the actions
of a Certified Fuel Handler, Shift Manager, or a Non-certified
Operator to prevent occurrence or mitigate the consequences of an
accident.
The proposed changes modify the IP2 staffing commensurate with
the hazards associated with a permanently shutdown and defueled
facility that has transferred all spent fuel from its SFP to dry
storage within an ISFSI. After the removal of the spent fuel from
the IP2 SFP and transfer to the ISFSI, no spent fuel assemblies will
remain in the IP2 SFP. Coupled with a prohibition against storage of
fuel in the IP2 SFP and the elimination of the allowance to transfer
IP3 spent fuel to the IP2 SFP, the potential for fuel related
accidents is removed.
The proposed changes do not involve installation of new
equipment or modification of existing equipment that could create
the possibility of a new or different kind of accident. Hence, the
proposed changes do not result in a change to the way the facility
or equipment is operated in a manner which could cause a new or
different kind of accident initiator to be created.
Therefore, the proposed License Amendment does not create the
possibility of
[[Page 75073]]
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.
The proposed changes modify the IP2 staffing commensurate with
the hazards associated with a permanently shutdown and defueled
facility.
The proposed changes modify the IP2 staffing commensurate with
the hazards associated with a permanently shutdown and defueled
facility that has transferred all spent fuel from its SFP to dry
storage within an ISFSI. After the removal of the spent fuel from
the IP2 SFP and transfer to the ISFSI, no spent fuel assemblies will
remain in the IP2 SFP. Coupled with a prohibition against storage of
fuel in the IP2 SFP and the elimination of the allowance to transfer
IP3 spent fuel to the IP2 SFP, the potential for fuel related
accidents is removed.
The design basis and accident assumptions within the IP2 DSAR,
PDTS, and Appendix C Technical Specifications relating to safe
management and safety of spent fuel in the IP2 SFP are no longer
applicable. The proposed changes do not affect remaining plant
operations, systems, or components supporting decommissioning
activities.
Therefore, the proposed License Amendment 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 hazard's consideration,
the Commission will make a final determination on the issue of no
significant hazard's 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 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.
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
[[Page 75074]]
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 time-stamps 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 August 2, 2022 (ADAMS Accession
No. ML22214A128).
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. 2022-26511 Filed 12-6-22; 8:45 am]
BILLING CODE 7590-01-P