[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74536-74540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23971]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003, 50-247, and 50-286; NRC-2022-0223]


Holtec Decommissioning International, LLC, Holtec Indian Point 2, 
LLC, and Holtec Indian Point 3, LLC, Indian Point Nuclear Energy Center

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 exemptions that would permit the licensee to reduce its 
emergency planning (EP) activities at the Indian Point Nuclear 
Generating Unit Nos. 1, 2, and 3, collectively referred to as the 
Indian Point Energy Center (IPEC). Specifically, Holtec Decommissioning 
International, LLC (HDI), an indirect wholly owned subsidiary of Holtec 
International (Holtec) is seeking exemptions on behalf of Holtec Indian 
Point 2, LLC (``Holtec IP2'') and Holtec Indian Point 3, LLC (``Holtec 
IP3''), the licensees, that would eliminate the requirements to 
maintain formal offsite radiological emergency plans, as well as reduce 
the scope of some of the onsite EP activities based on the reduced 
risks at IPEC, which is

[[Page 74537]]

permanently shut down and defueled. However, requirements for an onsite 
radiological emergency plan and for certain onsite capabilities to 
communicate and coordinate with offsite response authorities would be 
retained. In addition, offsite EP provisions would still exist through 
State and local government use of a comprehensive emergency management 
plan process, in accordance with the Federal Emergency Management 
Agency's (FEMA's) Comprehensive Preparedness Guide (CPG) 101, 
``Developing and Maintaining Emergency Operations Plans.'' The NRC 
staff is issuing an Environmental Assessment (EA) and Finding of No 
Significant Impact (FONSI) associated with the proposed exemptions.

DATES: The EA and FONSI referenced in this document are available on 
October 31, 2023.

ADDRESSES: Please refer to Docket ID NRC-2022-0223 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-2022-0223. 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.
     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, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section of this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

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. Introduction

    By letter dated February 8, 2017, in accordance with sections 
50.4(b)(8) and 50.82(a)(1)(i) to title 10 of the Code of Federal 
Regulations (10 CFR) part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' Entergy Nuclear Operations, Inc., Entergy 
Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC 
(the IPEC licensees at that time, collectively, Entergy) notified the 
NRC that they had decided to permanently cease power operations at the 
Indian Point Nuclear Generating Unit No. 2 (IP2) by April 30, 2020, and 
at the Indian Point Nuclear Generating Unit No. 3 (IP3) by April 30, 
2021.
    Pursuant to 10 CFR 50.82(a)(1)(ii), by letters dated May 12, 2020, 
and May 11, 2021, Entergy certified to the NRC that the fuel had been 
permanently removed from the IP2 and IP3 reactor vessels and placed in 
the IP2 and IP3 spent fuel pools (SFPs). Upon the docketing of these 
certifications, under 10 CFR 50.82(a)(2), the IP2 and IP3 licenses no 
longer authorize operation of the reactors or emplacement or retention 
of fuel into the reactor vessels. The spent fuel from IP2 and IP3 is 
stored in the SFPs and in dry cask storage at the onsite independent 
spent fuel storage installation (ISFSI) until it is shipped offsite.
    Indian Point Nuclear Generating Unit No. 1 (IP1) permanently ceased 
operations on October 31, 1974, and all fuel was removed from the IP1 
reactor vessel by January 1976. In 1996, the NRC issued an Order 
approving the safe-storage condition of IP1. In 2003, the NRC issued 
Amendment No. 52 to IP1's provisional operating license that changed 
the license's expiration date to be consistent with that of the IP2 
license at that time. Pursuant to 10 CFR 50.82(a)(2), the IP1 license 
no longer authorizes operation of the reactor or emplacement or 
retention of fuel into the reactor vessel. There is no IP1 spent fuel 
in wet storage at the IPEC site; IP1 spent fuel is stored onsite in dry 
cask storage in an ISFSI.
    By Order dated November 23, 2020, the NRC approved a transfer of 
the IP licenses from Entergy to Holtec Decommissioning International, 
LLC, Holtec IP2, LLC (which became the licensee of IP1 and IP2), and 
Holtec IP3, LLC (which became the licensee of IP3). By letter dated 
December 22, 2021, as supplemented by letters dated February 1, 2022, 
February 2, 2022, and May 12, 2022, HDI, who conducts the 
decommissioning operating services on behalf of Holtec IP2 and Holtec 
IP3, requested exemptions from specific portions of 10 CFR 50.47, 
``Emergency plans,'' and appendix E, ``Emergency Planning and 
Preparedness for Production and Utilization Facilities,'' to 10 CFR 
part 50 for the IPEC licenses. More specifically, HDI requested 
exemptions from certain planning standards in 10 CFR 50.47(b) regarding 
onsite and offsite radiological emergency preparedness (REP) plans for 
nuclear power reactors; from certain requirements in 10 CFR 50.47(c)(2) 
for establishment of plume exposure pathway and ingestion pathway 
emergency planning zones (EPZs) for nuclear power reactors; and from 
certain requirements in 10 CFR part 50, appendix E, section IV, 
``Content of Emergency Plans.''
    HDI's requested exemptions would eliminate the NRC requirements to 
maintain formal offsite REP plans in accordance with 44 CFR, 
``Emergency Management and Assistance,'' part 350, ``Review and 
Approval of State and Local Radiological Emergency Plans and 
Preparedness,'' and would reduce the scope of the onsite EP activities 
at IPEC. HDI based its request on the reduced risks of an offsite 
radiological release at IPEC after permanent cessation of power 
operations and all spent fuel has decayed for at least 15 months. The 
exemptions would maintain the requirements for an onsite radiological 
emergency plan and would continue to ensure the capability to 
communicate and coordinate with offsite response authorities.
    The EP requirements of 10 CFR 50.47 and appendix E to 10 CFR part 
50 do not distinguish between operating reactors and those that have 
ceased operations and defueled. As such, a permanently shut down and 
defueled reactor must continue to maintain the same EP requirements as 
an operating power reactor under the existing regulatory requirements. 
To establish a level of EP commensurate with the reduced risks of a 
permanently shut down and defueled reactor, the licensee must seek 
exemptions from certain EP regulatory requirements before it can change 
its emergency plans.
    The NRC is therefore considering issuing to the licensee the 
proposed exemptions from portions of 10 CFR 50.47 and appendix E to 10 
CFR part 50, which would eliminate the requirements for the licensee to 
maintain offsite radiological emergency plans and reduce some of the 
onsite EP

[[Page 74538]]

activities based on the reduced radiological risks as IPEC has 
permanently ceased power operations and all spent fuel has decayed for 
more than 15 months.
    Consistent with 10 CFR 51.21, ``Criteria for and identification of 
licensing and regulatory actions requiring environmental assessments,'' 
the NRC has determined that an EA is the appropriate form of 
environmental review for the requested action. Based on the results of 
the EA, which is provided in Section II of this document, the NRC has 
determined not to prepare an environmental impact statement for the 
proposed action and is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would exempt the licensee from: (1) certain 
standards as set forth in 10 CFR 50.47(b) regarding onsite and offsite 
emergency response plans for nuclear power reactors; (2) requirements 
in 10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway 
EPZs for nuclear power reactors; and (3) certain requirements in 10 CFR 
part 50, appendix E, section IV, which establishes the elements that 
make up the content of emergency plans. The proposed action of granting 
these exemptions would eliminate the NRC requirements for the licensee 
to maintain offsite radiological emergency plans in accordance with 44 
CFR part 350 and reduce some of the onsite EP activities at IPEC. 
However, requirements for certain onsite capabilities to communicate 
and coordinate with offsite response authorities would be retained.
    Additionally, if necessary, offsite protective actions could still 
be implemented using a comprehensive emergency management plan (CEMP) 
process. A CEMP in this context, also referred to as an emergency 
operations plan, is addressed in FEMA's CPG 101. The CPG 101 is the 
foundation for State, territorial, Tribal, and local EP in the United 
States under the National Preparedness System. It promotes a common 
understanding of the fundamentals of risk-informed planning and 
decision making and assists planners at all levels of government in 
their efforts to develop and maintain viable, all-hazards, all-threats 
emergency plans. A CEMP is flexible enough for use in all emergencies. 
It describes how people and property will be protected; details who is 
responsible for carrying out specific actions; identifies the 
personnel, equipment, facilities, supplies, and other resources 
available; and outlines how all actions will be coordinated. A CEMP is 
often referred to as a synonym for ``all-hazards'' planning. The 
proposed action is in accordance with the licensee's exemption request 
dated December 22, 2021, as supplemented by letters dated February 1, 
2022, February 2, 2022, and May 12, 2022.

Need for the Proposed Action

    The proposed action is needed for the licensee to revise the IPEC 
Emergency Plan. Since the certifications for permanent cessation of 
operations and permanent removal of fuel from the reactor vessels have 
been docketed, pursuant to 10 CFR 50.82(a)(2), the IPEC licenses no 
longer authorize use of the facility for power operation or emplacement 
or retention of fuel into the reactor vessels and, therefore, the 
occurrence of postulated accidents associated with IPEC reactor 
operation is no longer credible. As the EP requirements do not 
distinguish between operating reactors and a power reactor that has 
been permanently shut down and defueled, the licensee requests an 
exemption from certain EP requirements commensurate with the 
radiological risks at the site.
    In its exemption request, the licensee identified three possible 
design-basis accidents (DBAs) at IPEC in its permanently shut down and 
defueled condition. These are: (1) a fuel handling accident in the fuel 
storage buildings; (2) an accidental release of waste gas; and (3) an 
accidental release of waste liquid. The licensee also considered the 
consequences of a beyond DBA involving a complete loss of SFP water 
inventory and no accompanying heat loss (i.e., adiabatic heat up). The 
NRC staff evaluated these possible radiological accidents, as well as 
the associated analyses provided by the licensee, in the Commission 
Paper (SECY) 22-0102, ``Request by Holtec Decommissioning 
International, LLC for Exemptions from Certain EP Requirements for the 
Indian Point Nuclear Generating Unit Nos. 1, 2, and 3,'' dated November 
18, 2022.
    In SECY-22-0102, the NRC staff verified that the licensee's 
analyses and calculations provided reasonable assurance that if the 
requested exemptions were granted, then: (1) for a DBA, an offsite 
radiological release will not exceed the early phase protective action 
guides (PAGs) at the exclusion area boundary, as detailed in Table 1-1, 
``Summary Table for PAGs, Guidelines, and Planning Guidance for 
Radiological Incidents,'' to the EPA's ``PAG Manual: Protective Action 
Guides and Planning Guidance for Radiological Incidents,'' EPA-400/R-
17/001, dated January 2017; (2) in the highly unlikely event of a 
beyond DBA resulting in a loss of all SFP cooling, there is sufficient 
time to initiate appropriate mitigating actions; and (3) in the event a 
radiological release has or is projected to occur, there would be 
sufficient time for offsite agencies to take protective actions using a 
CEMP to protect the health and safety of the public if offsite 
governmental officials determine that such action is warranted. The 
Commission approved the NRC staff's recommendation to grant the 
exemptions based on this evaluation in its Staff Requirements 
Memorandum to SECY-22-0102, dated October 24, 2023.
    Based on the licensee's analyses and reduced radiological risks, 
the licensee states that complete application of the EP regulations to 
IPEC 15 months after its permanent cessation of power operations would 
not serve the underlying purpose of the regulations or is not necessary 
to achieve the underlying purpose of the regulations. The licensee also 
states that it would incur undue costs in the application of operating 
plant EP requirements for the maintenance of an emergency response 
organization in excess of that actually needed to respond to the 
diminished scope of credible accidents for IPEC 15 months after its 
permanent cessation of power operations.

Environmental Impacts of the Proposed Action

    The NRC staff has completed its evaluation of the environmental 
impacts of the proposed action.
    The proposed action consists mainly of changes related to the 
elimination of NRC requirements for the licensee to maintain offsite 
radiological emergency plans in accordance with 44 CFR part 350 and 
reduce some of the onsite EP activities at IPEC, based on the reduced 
risks once the reactor has been permanently shut down for a period of 
15 months. However, requirements for certain onsite capabilities to 
communicate and coordinate with offsite response authorities will be 
retained and offsite EP provisions to protect public health and safety 
will still exist through State and local government use of a CEMP.
    With regard to potential nonradiological environmental 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, land disturbance, or modification of plant 
operational systems. There would be no changes to the quality or 
quantity of

[[Page 74539]]

nonradiological effluents and no changes to the plants' National 
Pollutant Discharge Elimination System permits would be needed. In 
addition, there would be no noticeable effect on socioeconomic 
conditions in the region, no environmental justice impacts, no air 
quality impacts, and no impacts to historic and cultural resources from 
the proposed action. Therefore, there are no significant 
nonradiological environmental impacts associated with the proposed 
action.
    With regard to potential radiological environmental impacts, the 
proposed action would not significantly increase the probability or 
consequences of radiological accidents. Additionally, the NRC staff has 
concluded that the proposed action would have no direct radiological 
environmental impacts. There would be no change to the types or amounts 
of radioactive effluents that may be released and, therefore, no change 
in occupational or public radiation exposure from the proposed action. 
Moreover, no changes would be made to plant buildings or to the site 
property from the proposed action. For these reasons, there are no 
significant radiological 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 
the denial of the proposed action (i.e., the ``no-action'' 
alternative). The denial of the application would result in no change 
in current environmental impacts. Therefore, the environmental impacts 
of the proposed action and the alternative action are similar.

Alternative Use of Resources

    The proposed action does not involve the use of any different 
resources than those previously considered in the ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3, Final 
Report,'' NUREG-1437, Supplement 38, dated December 2010, as 
supplemented in June 2013 and April 2018.

Agencies or Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action. On October 25, 2023, the 
State of New York representative was notified of this EA and FONSI.

State of New York Comments

    By letters dated November 22, 2022, and January 6, 2023, the New 
York State Energy Research Development Authority, and the New York 
Department of Public Service along with the Indian Point 
Decommissioning Oversight Board, respectively submitted comments 
regarding the proposed exemptions. Although the comments were not 
specific to this EA, the NRC staff reviewed the comments and did not 
identify any information that was not previously considered in the 
preparation of this EA.

III. Finding of No Significant Impact

    The licensee has proposed exemptions from: (1) certain standards in 
10 CFR 50.47(b) regarding onsite and offsite emergency response plans 
for nuclear power reactors; (2) the requirements in 10 CFR 50.47(c)(2) 
to establish plume exposure and ingestion pathway EPZs for nuclear 
power reactors; and (3) certain requirements in 10 CFR part 50, 
appendix E, section IV, which establishes the elements that make up the 
content of emergency plans. The proposed action of granting these 
exemptions would eliminate the NRC requirements for the licensee to 
maintain offsite radiological emergency plans in accordance with 44 CFR 
part 350 and reduce some of the onsite EP activities at IPEC, based on 
the reduced risks once the reactor has been permanently shut down for a 
period of 15 months. However, requirements for certain onsite 
capabilities to communicate and coordinate with offsite response 
authorities will be retained and offsite EP provisions to protect 
public health and safety will still exist through State and local 
government use of a CEMP.
    The NRC is considering issuing the exemptions. 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 nonradiological 
impacts. This FONSI is a final finding and incorporates by reference 
the EA in Section II of this document. Therefore, the NRC concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the NRC has determined 
not to prepare an environmental impact statement for the proposed 
action.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
            Document description             ADAMS Accession No./weblink
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Federal Emergency Management Agency,         https://www.fema.gov/media-
 ``Developing and Maintaining Emergency       library-data/20130726-1828-
 Operations Plans,'' Comprehensive            25045-0014/
 Preparedness Guide (CPG) 101, Version 2.0,   cpg_101_comprehensive_prep
 November 2010.                               aredness_guide_developing_
                                              and_maintaining_emergency_
                                              operations_plans_2010.pdf.
Fleming, Jean A., Holtec Decommissioning     ML21356B693.
 International, LLC, letter to NRC,
 ``Request for Exemptions from Certain
 Emergency Planning Requirements of 10 CFR
 50.47 and 10 CFR part 50, appendix E,''
 dated December 22, 2021.
Fleming, Jean A., Holtec Decommissioning     ML22032A017.
 International, LLC, letter to NRC,
 ``Supplement to Holtec Decommissioning
 International, LLC (HDI) Request for
 Exemptions from Certain Emergency Planning
 Requirements of 10 CFR 50.47 and 10 CFR
 part 50, appendix E for Indian Point Unit
 Nos. 1, 2, and 3 Including Site-Specific
 Calculations,'' dated February 1, 2022.
NRC Order on Indian Point Nuclear            ML20297A325.
 Generating Unit Nos. 1, 2, and 3, Order
 Approving Transfer of Facility Operating
 Licenses to Holtec International, Owner,
 and Holtec Decommissioning International,
 LLC Operator, dated November 23, 2020.
Fleming, Jean A., Holtec Decommissioning     ML22033A348.
 International, LLC, letter to NRC,
 ``Revision to Holtec Decommissioning
 International, LLC (HDI) Request for
 Exemptions from Certain Emergency Planning
 Requirements of 10 CFR 50.47 and 10 CFR
 part 50, Appendix E for Indian Point Unit
 Nos. 1, 2, and 3,'' dated February 2, 2022.

[[Page 74540]]

 
Fleming, Jean A., Holtec Decommissioning     ML22132A169.
 International, LLC, letter to NRC,
 ``Response to Requests for Additional
 Information Related to Exemption Request
 and License Amendment Request to Revise
 the Facility's Emergency Plan,'' dated May
 12, 2022.
Vitale, Anthony J., Entergy Nuclear          ML17044A004.
 Operations, Inc., letter to NRC,
 ``Notification of Permanent Cessation of
 Power Operations Indian Point Nuclear
 Generating Unit Nos. 2 and 3, Docket Nos.
 50-247 and 50-286, License Nos. DPR-26 and
 DPR-64,'' dated February 8, 2017.
Vitale, Anthony J., Entergy Nuclear          ML20133J902.
 Operations, Inc., letter to NRC,
 ``Certifications of Permanent Cessation of
 Power Operations and Permanent Removal of
 Fuel from the Reactor Vessel Indian Point
 Nuclear Generating Unit No. 2 NRC, Docket
 No. 50-247, Renewed Facility Operating
 License No. DPR-26,'' dated May 12, 2020.
Vitale, Anthony J., Entergy Nuclear          ML21131A157.
 Operations, Inc., letter to NRC,
 ``Certifications of Permanent Cessation of
 Power Operations and Permanent Removal of
 Fuel from the Reactor Vessel Indian Point
 Nuclear Generating Unit No. 3, NRC Docket
 No. 50-286, Renewed Facility Operating
 License No. DPR-64,'' dated May 11, 2021.
U.S. Environmental Protection Agency (EPA),  ML17044A073.
 EPA-400/R-17/001, ``PAG Manual: Protective
 Action Guides and Planning Guidance for
 Radiological Incidents,'' January 2017.
New York State Energy Research and           ML22332A048.
 Development Authority, ``Emergency
 Planning Exemption Request and License
 Amendment Request for the Indian Point
 Site,'' dated November 22, 2022.
New York State Department of Public          ML23009B687.
 Service, ``Public Statement Hearing
 regarding the Exemption Requests and
 License Amendment Requests for the Indian
 Point Site,'' dated January 6, 2023.
SECY-22-0102, ``Request by Holtec            ML22231A155 (Package).
 Decommissioning International, LLC for
 Exemptions from Certain Emergency Planning
 Requirements for the Indian Point Nuclear
 Generating Unit Nos. 1, 2, and 3,'' dated
 November 18, 2022.
Staff Requirements Memorandum to SECY-22-    ML23297A027.
 0102, ``Request by Holtec Decommissioning
 International, LLC for Exemptions from
 Certain Emergency Planning Requirements
 for the Indian Point Nuclear Generating
 Unit Nos. 1, 2, and 3,'' dated October 24,
 2023.
NUREG-1437, Supplement 38, ``Generic         https://www.nrc.gov/reading-
 Environmental Impact Statement for License   rm/doc-collections/nuregs/
 Renewal of Nuclear Plants: Regarding         staff/sr1437/supplement38/
 Indian Point Nuclear Generating Unit Nos.    index.html.
 2 and 3, Final Report,'' December 2010.
------------------------------------------------------------------------


    Dated: October 26, 2023.

    For the Nuclear Regulatory Commission.
Shaun M. Anderson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2023-23971 Filed 10-30-23; 8:45 am]
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