[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Notices]
[Pages 16022-16023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06174]
[[Page 16022]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-70, 50-73, 50-183 and 70-754; NRC-2026-1288]
NorthStar Vallecitos, LLC; Vallecitos Nuclear Center; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice, issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption to NorthStar Vallecitos, LLC (NSV), for Vallecitos Nuclear
Center (VNC), from the requirement to investigate and report to the NRC
when NSV does not receive notification of a receipt of a shipment, or
part of a shipment, of low level radioactive waste within 20 days after
transfer from the VNC. NSV requested that the time period for it to
receive acknowledgement that the shipment has been received by the
intended recipient be extended from 20 to 45 days to avoid an excessive
administrative burden as operational experience indicates that
shipments may take more than 20 days to reach their destination
DATES: The exemption was issued on March 23, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-1288 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-2026-1288. 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 ADAMS Public 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]. The ADAMS accession number for each document
referenced (if it is available in ADAMS) is provided the first time
that it is mentioned in 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: 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: The text of the exemption is attached.
Dated: March 27, 2026.
For the Nuclear Regulatory Commission.
Theodore Smith,
Acting Director, Division of Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-70, 50-73, 50-183 and 70-754;
NorthStar Vallecitos, LLC; Vallecitos Nuclear Center; Exemption From
Certain Low-Level Waste Shipment Tracking Requirements
I. Background
The Vallecitos Nuclear Center (VNC) is in Sunol, California,
near the center of the Pleasanton quadrangle of Alameda County. VNC
is east of San Francisco Bay, approximately 35 miles east-southeast
of San Francisco and 20 miles north of San Jose. One power reactor,
the Empire State Atomic Development Associates (ESADA) Experimental
Vallecitos Superheat Reactor (EVESR) (License No. DR-10) and two
research and test reactors, the General Electric Test Reactor (GETR)
(License No. TR-1) and the Nuclear Test Reactor (NTR) (License No.
R-33), are located at VNC. The Hillside Storage Facility (or
Hillside Bunker) (License No. SNM-960) is also located at VNC.
The NRC authorized the transfer of the EVESR, GETR, NTR and SNM
licenses to NorthStar Vallecitos (NSV) by Order issued April 25,
2024 (ADAMS Accession No. ML24039A011). Soon after implementation of
the license transfer on March 14, 2025 (ADAMS Accession No.
ML24053A060), NSV commenced dismantlement and decommissioning
activities at the VNC site for the EVESR, the GETR and certain
buildings associated with the Hillside Storage Facility. These
decommissioning activities generate large volumes of low-level
radioactive waste which will be transported to the waste disposal
facility operated by Waste Control Specialist (WCS) in Andrews,
Texas.
II. Request/Action
By letter dated October 9, 2025 (ADAMS Accession No.
ML25282A062), NSV requested an exemption from 10 CFR part 20,
appendix G, ``Requirements for Transfers of Low-Level Radioactive
Waste Intended for Disposal at Licensed Land Disposal Facilities and
Manifests,'' Section III.E. for disposals from the VNC facility.
Section III.E requires that the shipper of any low-level radioactive
waste to a licensed land disposal facility must investigate and
trace the shipment if the shipper has not received notification of
the shipment's receipt by the disposal facility within 20 days after
transfer. In addition, Section III.E requires a licensee to report
missing shipments to the NRC. Specifically, NSV is requesting an
exemption from the requirements in 10 CFR part 20, Appendix G,
Section III.E, under the provisions of 10 CFR 20.2301,
``Applications for exemptions,'' sought to extend the length of time
for NSV to receive acknowledgement of shipment receipt from the
intended recipient from 20 to 45 days for VNC rail, road or mixed
mode shipments (i.e., shipments utilizing a combination of road and
rail carriers).
III. Discussion
A. The Exemption Is Authorized by Law
The regulations in 10 CFR 20.2301 allow the Commission, upon
application by a licensee or upon its own initiative, to grant
exemptions from the requirements of the regulations in 10 CFR part
20 if it determines the exemption would be authorized by law and
would not result in undue hazard to life or property. There are no
provisions in the Atomic Energy Act of 1954, as amended (or in any
other Federal statute) that impose a requirement to investigate and
report on low-level radioactive waste shipments that have not been
acknowledged by the recipient within 20 days of transfer. Therefore,
the NRC concludes that there is no statutory prohibition on the
issuance of the requested exemption and the NRC is authorized to
grant the exemption by law.
B. The Exemption Presents No Undue Risk to Public Health and Safety
Section III.E of 10 CFR part 20, Appendix G requires licensees
to investigate, trace, and report radioactive shipments that have
not reached their destination, as scheduled, for unknown reasons.
Historical data from three VNC investigation reports pursuant to 10
CFR part 20, Appendix G (ADAMS Accession Nos. ML23331A996,
ML25350C106 and ML26013A277) found the time from shipment from VNC
to acceptance of shipment from a disposal facility took longer than
20 days due to the complexities of mix mode shipment and
administrative delays. Two of the shipments exceeded 20 days in
transit, with transit times of 22 and 25 days; and the other
shipment while having a documented 19 day transit time, exceeded the
20 days for receipt acknowledgement as the administrative steps of
accepting the shipment took additional time. All three reports
indicated mix mode transport where the waste was shipped by truck to
a transload facility, readied for transport by the Sierra Northern
Railroad, and subsequently reached Andrews, Texas, after being
transported by the Union Pacific, as well as the Texas & New Mexico
Railway.
Although none of the VNC reports indicated shipment transit
times exceeding
[[Page 16023]]
30 days, NSV supported its request for an extension to 45 days.
Specifically, NSV provided information in their application noting
that rail shipments from other sites have been known to sit at the
waste facilities railyard awaiting receipt for periods exceeding 30
days. NSV cited an example which occurred with waste shipments from
Vermont Yankee to WCS by NorthStar Nuclear Decommissioning Co., LLC,
with transit times of 33 and 40 days. In addition, NSV indicated
that administrative processes at the disposal facility and mail
delivery times could add several additional days beyond the times in
transit before the licensee receives notification of receipt.
In further support of the exemption request, NSV also provided
information regarding the tracking mechanisms employed by the
licensee during shipments. For road and rail shipments, NSV utilizes
an electronic data tracking system interchange, or similar tracking
systems, to monitor the progress of shipments daily. NSV also
requests a daily update be provided for the location of the
conveyance from the appropriate carriers.
After reviewing the application, the NRC has determined that
extending the time for receipt acknowledgement to 45 days is
reasonable. Because the VNC waste shipments utilize three railroads,
there are multiple opportunities for delays outside of the control
of the shipper, as supported by Enclosure 1 of SECY-18-0055 (ADAMS
Accession Nos. ML18012A022). Additionally, as demonstrated by VNC 10
CFR part 20, historical Appendix G investigation reports,
administrative processes at the disposal facility and mail delivery
times could add several additional days to the transit times beyond
the delays likely given the mixed mode transport.
The NRC has also concluded that, because of the oversight and
monitoring of radioactive waste shipments throughout the entire
journey from VNC to the disposal site, it is unlikely that a
shipment could be lost, misdirected, or diverted without the
knowledge of the carrier or NSV. Furthermore, by extending the
elapsed time for receipt acknowledgement to 45 days before requiring
investigations, tracing, and reporting, a reasonable upper limit on
shipment duration is still maintained if a breakdown of normal
tracking systems were to occur. Consequently, the NRC determined
that extending the receipt of notification period would not result
in an undue hazard to life or property.
C. Categorical Exclusion Evaluation
With respect to compliance with Section 102(2) of the National
Environmental Policy Act, 42 U.S.C. 4332(2) (NEPA), the NRC staff
has determined that the proposed action, namely, the approval of the
NSV exemption request, is within the scope of the two categorical
exclusions listed at 10 CFR 51.22(c)(25)(vi)(B) and 10 CFR
51.22(c)(25)(vi)(C). The categorical exclusion listed at 10 CFR
51.22(c)(25)(vi)(B) concerns approval of exemption requests from
reporting requirements and the categorical exclusion listed at 10
CFR 51.22(c)(25)(vi)(C) concerns approval of exemption requests from
inspection or surveillance requirements.
In order to meet these categorical exclusion categories, the
proposed exemption would also need to satisfy sections 10 CFR
51.22(c)(25)(vi)(i)-(v). After evaluating the request, staff
determined that the proposed exemption satisfies sections
51.22(c)(25)(vi)(i)-(v), as the exemption would only extend certain
reporting and inspection and surveillance requirements and does not
impact the facility or operations. Specifically, with respect to
this exemption the staff determined that there is no significant
hazards consideration because there is no impact to the facility;
structures, systems or components of the facility; or operations of
the facility. Because the proposed exemption only extends certain
reporting and inspection and surveillance requirements, and does not
authorize changes to the facility or operations at the facility,
there is no significant change in the types or significant increase
in the amounts of any effluents that may be released offsite; no
significant increase in individual or cumulative public or
occupational radiation exposure; no significant construction impact;
and no significant increase in the potential for or consequences
from radiological accidents.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10
CFR 20.2301, the exemption is authorized by law and will not result
in undue hazard to life or property. Therefore, the Commission
hereby grants NSV an exemption from 10 CFR part 20, Appendix G,
Section III.E to extend the receipt of notification period from 20
days to 45 days after transfer for rail or mixed-mode shipments of
low-level radioactive waste from the VNC facility to a licensed land
disposal facility.
Dated at Rockville, Maryland, this 23rd day of March 2026.
For the Nuclear Regulatory Commission.
/RA by Theodore Smith for/
Jane E. Marshall,
Director, Division of Decommissioning, Uranium Recovery, and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2026-06174 Filed 3-30-26; 8:45 am]
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