[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.
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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.
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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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