[Federal Register Volume 90, Number 168 (Wednesday, September 3, 2025)]
[Notices]
[Pages 42619-42621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16873]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-18; NRC-2024-0092]
NorthStar Vallecitos, LLC; Vallecitos Boiling Water Reactor;
License Termination; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is noticing the
termination of the Vallecitos Boiling Water Reactor (VBWR) Facility
Operating License, No. DPR-1, located near Sunol, California. The VBWR
is co-located at the site with the Empire State Atomic Development
Associates (ESADA) Vallecitos Experimental Superheat Reactor (EVESR),
license No. DR-10. Due to the shared siting of the facilities, the
termination of the VBWR license includes an exemption from the
requirement to meet certain dose criteria at the site as all remaining
residual radioactivity has been transferred to the co-located EVESR
license, and will be evaluated when that license is terminated.
DATES: The license termination for DPR-1 and the associated exemption
were issued on August 27, 2025.
ADDRESSES: Please refer to Docket ID NRC-2024-0092 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-2024-0092. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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 Public 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.
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: Chris Allen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6877; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The VBWR is a boiling water reactor located at the Vallecitos
Nuclear Center (VNC), in Sunol, California and is licensed as a power
reactor under part 50 of title 10 of the Code of Federal Regulations
(10 CFR), ``Domestic Licensing of Production and Utilization
Facilities.'' The VBWR is co-located with the Empire State Atomic
Development Associates Vallecitos Experimental Superheat Reactor
(EVESR), license No. DR-10, in the ``300 Area.'' The ``300 Area'' is an
approximate 3.2-acre area within the larger VNC site.
The General Electric Company (GE) was issued a license by the
Atomic Energy Commission (AEC) to construct and operate the VBWR on May
14, 1956. Developmental Power Reactor (DPR) license number 1 (DPR-1)
was issued to GE on August 31, 1957, and full power was attained on
October 19, 1957. The VBWR ceased operations on December 9, 1963, and
was defueled on December 24 that same year. GE was issued a license to
possess but not operate the VBWR reactor on September 9, 1965. The AEC
issued GE an order to dismantle the VBWR on July 25, 1966, however,
major dismantlement activities at the VBWR did not occur until the
years 2007-2008 with the removal of most of the contaminated
[[Page 42620]]
equipment and components. The reactor vessel, the last remaining
component of the VBWR reactor, was removed from the VBWR reactor
building and shipped offsite for disposal as described in the letter
from GE Hitachi Nuclear Energy Americas, LLC (GEH) to NRC dated March
25, 2024.
On September 7, 2023, as supplemented by letters dated September
15, 2023, October 31, 2023, and March 25, 2024, GEH submitted a license
amendment request (LAR) to the NRC to approve a License Termination
Plan (LTP) to support termination of NRC license DPR-1. The LTP
detailed efforts to identify and characterize the residual
radioactivity associated with the VBWR reactor building. The LTP also
explained that final decontamination of the VBWR facility would be
accomplished after control of the remaining VBWR structures and
components had been transferred to the control of the EVESR license.
The NRC requested public comments on VBWR's LTP and held a public
meeting to discuss the LTP. There were no public comments received on
the LTP. The NRC also published an Environmental Assessment and Finding
of No Significant Impact on the LTP. On November 27, 2024, the NRC
approved the VBWR LTP.
By order dated April 25, 2024, the NRC approved the direct transfer
of ownership of the VNC, including all NRC licensed facilities, from
GEH to NorthStar Vallecitos, LLC (NSV). On March 12, 2025, the NRC was
notified that the sale of the VNC facilities from GEH to NorthStar
Vallecitos would be completed on March 14, 2025. Subsequently, on March
14, 2025, the NRC issued License No. DPR-1 to NSV.
II. Request/Action
By letter dated February 3, 2025, NSV applied to the NRC to
terminate the NRC license for the VBWR. In accordance with 10 CFR
50.12, NSV also requested an exemption from the 10 CFR 50.82(a)(11)(ii)
requirements that the VBWR final radiation survey and associated
documentation demonstrate that the facility meets the criteria for
license termination in 10 CFR part 20, subpart E. NSV requested the
exemption because the remaining VBWR facility and residual
radioactivity have been transferred to the EVESR license, which is a
co-located facility, and thus, the part 20, subpart E criteria will
have to be met when the EVESR facility decommissions. The VBWR license
termination is being sought to ensure compliance with the requirement
in 10 CFR 50.82(a)(3) for power reactors to terminate their licenses
within 60 years of the permanent cessation of operations.
III. Discussion
Pursuant to 10 CFR 50.12(a)(1), the Commission may, upon
application by any interested person or upon its own initiative, grant
exemptions from the requirements of 10 CFR part 50 when the exemptions
are authorized by law, will not present an undue risk to public health
or safety, and are consistent with the common defense and security.
However, the Commission will not consider granting an exemption unless
special circumstances are present. Special circumstances are described
in 10 CFR 50.12(a)(2).
A. Authorized by Law
As stated earlier in this notice, 10 CFR 50.12 allows the NRC to
grant exemptions from 10 CFR part 50 requirements if it makes certain
findings. As further discussed later in this notice, the NRC staff has
determined that special circumstances exist to grant the exemption. In
addition, granting the licensee's proposed exemption will not result in
a violation of the Atomic Energy Act of 1954, as amended; other laws,
or the Commission's regulations. Therefore, the granting of the
exemption request is authorized by law.
B. No Undue Risk to Public Health and Safety
NSV identified three factors that demonstrate the requested
exemption does not result in an undue risk to public health and safety:
(1) the exemption does not create a new accident precursor or result in
an increase in the probability of any postulated accident, an increase
in the consequences of postulated accidents, (2) result in any change
to the types or amounts of effluents that may be released offsite or be
allowed to remain on site, or (3) result in an increase of cumulative
occupational or public doses for the site. Because the VBWR structures
and residual radioactivity have been transferred under the EVESR
license held by NSV, full decommissioning of the VBWR will occur with
the final decommissioning of the co-located EVESR which is planned for
April 2030 in accordance with the requirements of 10 CFR
50.82(a)(11)(ii). Because there is no facility, radioactive components,
or residual radioactivity remaining on the VBWR license, the NRC staff
concludes that the requested exemption does not (1) create a new
accident precursor or increase the probability or consequence of
postulated accidents, (2) change the type or amount of effluents
released or allowed to remain on site, or (3) result in an increase of
cumulative occupational or public dose. As a result, NRC determined
that granting the exemption poses no undue risk to public health and
safety.
C. Consistent With the Common Defense and Security
NSV stated that the common defense and security is not impacted by
the requested exemption because it does not alter the scope or
implementation of the NorthStar Vallecitos Physical Security Plan and
does not affect any other requirements related to the security of the
facility. The exemption requested relief from providing final radiation
surveys and associated documentation demonstrating that the VBWR
facility meets the criteria for license termination in 10 CFR part 20,
subpart E as required by 10 CFR 50.82(a)(11)(ii). Since 10 CFR part 20,
subpart E identifies criteria for public safety, granting the exemption
request does not impact the common defense and security.
D. Special Circumstances
Paragraph 50.12(a)(2) of 10 CFR states, in part:
The Commission will not consider granting an exemption unless
special circumstances are present. Special circumstances are present
whenever- . . . (ii) Application of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule;
The purpose of the final radiation survey and associated
documentation, including an assessment of dose contributions associated
with parts released for use before approval of the license termination
plan, submitted pursuant to 10 CFR 50.82(a)(11)(ii), is to protect the
public health and safety by demonstrating that the facility and site
have met the criteria for decommissioning in 10 CFR part 20, subpart E.
With approval of the EVESR amendment, the remaining VBWR reactor
building, and any associated residual radioactivity, have been
transferred to the authority of the EVESR license. Because of this, NSV
must submit a final status survey and associated documentation as part
of the EVESR license termination that demonstrates compliance with the
10 CFR 50.82(a)(11) requirements for release of the 300 Area which
includes both the EVESR and the remaining transferred VBWR facilities.
As such, compliance with 10 CFR 50.82(a)(11)(ii) is not necessary to
satisfy the underlying purpose of the rule because
[[Page 42621]]
there are no remaining facilities or components on the VBWR license.
Accordingly, the NRC finds that special circumstances are present and
grants the exemption request pursuant to 10 CFR 50.12(a)(2)(iii).
E. Environmental Considerations
Pursuant to 10 CFR 51.22(c)(25), the granting of an exemption from
the requirements of any regulation in Chapter I of 10 CFR meets the
eligibility criteria for categorical exclusion provided that (1) there
is no significant hazards consideration, (2) there is no significant
change in the types or significant increase in the amounts of any
effluents that may be released offsite, (3) there is no significant
increase in individual or cumulative public or occupational radiation
exposure, (4) there is no significant construction impact, (5) there is
no significant increase in the potential for or consequences from
radiological accidents, and (6) the requirements from which an
exemption is sought are among those identified in 10 CFR
51.22(c)(25)(vi). NSV asserted that the exemption sought relief from
scheduling requirements which is category G under 10 CFR
51.22(c)(25)(vi). As discussed in section 5.1 of the SER, the NRC
concluded that the exemption request satisfies the categorical
exclusion criteria in 10 CFR 51.22(c)(25).
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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ADAMS Accession No./
Document Description Federal Register citation
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GEH/NorthStar Response to NRC Request for ML24085A792.
Additional Information Regarding the
License Termination Plan for VBWR, dated
March 25, 2024.
GE-Hitachi Nuclear Energy Americas, LLC, ML23250A266 (Package).
License Termination Plan for the
Vallecitos Boiling Water Reactor License
DPR-1, dated September 7, 2023.
GE-Hitachi Nuclear Energy Americas, LLC, ML23261A591 (Package).
License Termination Plan for the
Vallecitos Boiling Water Reactor License
DPR-1, dated September 15, 2023.
GEH Vallecitos Nuclear Center, Email: ML23304A300.
Response to acceptance Review of the VBWR
License Termination Plan, dated October
31, 2023.
GE Hitachi Nuclear Energy/NorthStar 89 FR 42510.
Vallecitos, LLC.; Vallecitos Boiling Water
Reactor; License Termination Plan, date
published May 15, 2024.
General Electric Hitachi VBWR License ML24263A192.
Termination Plan Environmental Assessment
FONSI, dated October 10, 2024.
Vallecitos Boiling Water Reactor License ML24348A094 (Package).
Termination Plan Amendment, dated November
27, 2024.
Order Approving Transfer of the Vallecitos ML24039A011 (Package).
Nuclear Center Licenses and Conforming
License Amendments, dated April 25, 2024.
Notification of Planned Closing, Trust Fund ML25071A080.
Balance at Transfer and Proof of
Insurance, dated March 12, 2025.
Application to Terminate License for the ML25034A275.
Vallecitos Boiling Water Reactor, dated
February 3, 2025.
Issuance of Amendment to EVESR License to ML25199A084 (Package).
Accept VBWR In-Situ Radioactive Material,
dated August 19, 2025.
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Dated: August 29, 2025.
For the Nuclear Regulatory Commission.
Jane Marshall,
Division Director, Division of Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2025-16873 Filed 9-2-25; 8:45 am]
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