Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Unit Nos. 2 and 3, 62333-62337 [2020-21858]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62333-62337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21858]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286; NRC-2020-0205]


Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating 
Unit Nos. 2 and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a 
partial exemption in response to the October 22, 2019, request from 
Entergy Nuclear Operations, Inc. (Entergy, the licensee). The issuance 
of the exemption will grant Entergy a partial exemption from 
regulations that require the retention of records for certain systems, 
structures, and components associated with Indian Point Nuclear 
Generating Unit Nos. 2 and 3 (Indian Point 2 and 3) until the 
termination of the respective Indian Point operating license.

DATES: The exemption was issued on September 28, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0205 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-2020-0205. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; 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 reference staff at 1-800-397-4209, 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.

FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1030, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: September 29, 2020.

    For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-247 and 50-286

Entergy Nuclear Operations, Inc.

Indian Point Nuclear Generating Unit Nos. 2 and 3

Exemption Related to Record Retention Requirements

I. Background

    Entergy Nuclear Operations, Inc. (Entergy, the licensee) is the 
holder of Renewed Facility Operating License Nos. DPR-26 and DPR-64 for 
Indian Point Nuclear Generating Unit Nos. 2 and 3 (Indian Point 2 and 
3, or together, Indian Point). The licenses provide, among other 
things, that the facility is subject to all rules, regulations, and 
orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) 
now or hereafter in effect. The Indian Point 2 and 3 facility consists 
of two pressurized-water reactors located in Buchanan, New York.
    By letter dated February 8, 2017 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML17044A004), Entergy submitted 
a Notification of Permanent Cessation of Power Operations for Indian 
Point 2 and 3. In the letter, Entergy provided notification to the NRC 
of its intent to permanently cease power operations at Indian Point 2 
no later than April 30, 2020, and at Indian Point 3 no later than April 
30, 2021, subject to operating extensions through, but not beyond, 2024 
and 2025, respectively.
    By letter dated May 12, 2020 (ADAMS Accession No. ML20133J902), 
Entergy certified that power operations ceased at Indian Point 2 on 
April 30, 2020, and that the fuel was permanently removed from the 
Indian Point 2 reactor vessel and placed in the Indian Point 2 spent 
fuel pool (SFP) on May 12, 2020. Entergy further acknowledged that the 
Indian Point 2 Title 10 of the Code of Federal Regulations (10 CFR) 
Part 50 license no longer authorizes operation of the reactor or 
emplacement or retention of fuel into the reactor vessel. However, the 
licensee is still authorized to possess and store irradiated nuclear 
fuel for Indian Point. Irradiated fuel is currently being stored onsite 
in a spent fuel pool (SFP) and in independent spent fuel storage 
installation (ISFSI) dry casks. The irradiated fuel will be stored in 
the ISFSI until it is shipped off site. With the reactor emptied of 
fuel, the reactor, reactor coolant system, and secondary system is no 
longer in operation and has no function related to the safe storage and 
management of irradiated fuel. Once Entergy certifies that it has 
permanently defueled the Indian Point 3 reactor vessel and placed the 
fuel in the SFP, pursuant to 10 CFR 50.82(a)(2), the Indian Point 3 
renewed facility operating license will no longer authorize operation 
of the reactor or emplacement or retention of fuel in the reactor 
vessel.

II. Request/Action

    By letter dated October 22, 2019 (ADAMS Accession No. ML19295F894), 
Entergy submitted a partial exemption request for NRC approval from the 
record retention requirements of (1) 10 CFR part 50, Appendix B, 
Criterion XVII, ``Quality Assurance Records,'' which requires certain 
records (e.g.,

[[Page 62334]]

results of inspections, tests, and materials analyses) be maintained 
consistent with applicable regulatory requirements; (2) 10 CFR 
50.59(d)(3), which requires that records of changes in the facility 
must be maintained until termination of a license issued pursuant to 10 
CFR part 50; and (3) 10 CFR 50.71(c), which requires certain records to 
be retained for the period specified by the appropriate regulation, 
license condition, or technical specification, or until termination of 
the license if not otherwise specified.
    The licensee requested the partial exemptions because it wants to 
eliminate: (1) Records associated with structures, systems, and 
components (SSCs) and activities that were applicable to the nuclear 
unit, which are no longer required by the 10 CFR part 50 licensing 
basis (i.e., removed from the Updated Final Safety Analysis Report 
(UFSAR) and/or technical specifications by appropriate change 
mechanisms); and (2) records associated with the storage of spent 
nuclear fuel in the SFP once all fuel has been removed from the SFP and 
the Indian Point license no longer allows storage of fuel in the SFP. 
The licensee cites record retention partial exemptions granted to 
Millstone Power Station, Unit 1 (ADAMS Accession No. ML070110567); Zion 
Nuclear Power Station, Units 1 and 2 (ADAMS Accession No. ML111260277); 
Vermont Yankee Nuclear Power Station (ADAMS Accession No. ML15344A243); 
San Onofre Nuclear Generating Station, Units 1, 2, and 3 (ADAMS 
Accession No. ML15355A055); Kewaunee Power Station (ADAMS Accession No. 
ML17069A394); Oyster Creek Nuclear Generating Station (ADAMS Accession 
No. ML18122A306); and Pilgrim Nuclear Power Station (ADAMS Accession 
No. ML19087A152), as examples of the NRC granting similar requests.
    Records associated with residual radiological activity and with 
programmatic controls necessary to support decommissioning, such as 
security and quality assurance, are not affected by the partial 
exemption request because they will be retained as decommissioning 
records, as required by 10 CFR part 50, until the termination of the 
Indian Point license. In addition, the licensee did not request an 
exemption associated with any other recordkeeping requirements for the 
storage of spent fuel at its ISFSI under 10 CFR part 50 or the general 
license requirements of 10 CFR part 72. No exemption was requested from 
the decommissioning records retention requirements of 10 CFR 50.75 or 
any other requirements of 10 CFR part 50 applicable to decommissioning 
and dismantlement.

III. Discussion

    Pursuant to 10 CFR 50.12, 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).
    Many of the Indian Point reactor facility SSCs are planned to be 
abandoned in place pending dismantlement. Abandoned SSCs are no longer 
operable or maintained. Following permanent removal of fuel from the 
SFP, those SSCs required to support safe storage of spent fuel in the 
SFP will also be abandoned. In its October 22, 2019, partial exemption 
request, the licensee stated that the basis for eliminating records 
associated with reactor facility SSCs and activities is that these SSCs 
have been (or will be) removed from service per regulatory change 
processes, will be dismantled or demolished, and will no longer have 
any function regulated by the NRC.
    The licensee recognizes that some records related to the nuclear 
unit will continue to be under NRC regulation, primarily due to 
residual radioactivity. The radiological and other necessary 
programmatic controls (such as security, quality assurance, etc.) for 
the facility and the implementation of controls for the defueled 
condition and the decommissioning activities are and will continue to 
be appropriately addressed through the license and current plant 
documents, such as the UFSAR and technical specifications. Except for 
future changes made through the applicable change process defined in 
the regulations (e.g., 10 CFR 50.48(f), 10 CFR 50.59, 10 CFR 50.90, 10 
CFR 50.54(a), 10 CFR 50.54(p), 10 CFR 50.54(q), etc.), these 
programmatic elements and their associated records are unaffected by 
the requested partial exemption.
    Records necessary for SFP SSCs and activities will continue to be 
retained through the period that the SFP is needed for safe storage of 
irradiated fuel. Analogous to other plant records, once the SFP is 
permanently emptied of fuel, there will be no need to retain SFP-
related records.
    Entergy's general justification for eliminating records associated 
with Indian Point SSCs that have been or will be removed from service 
under the NRC license, dismantled, or demolished is that these SSCs 
will not in the future serve any Indian Point functions regulated by 
the NRC. The decommissioning plans for Indian Point are described in 
the Post-Shutdown Decommissioning Activities Report dated December 19, 
2019 (ADAMS Accession No. ML19354A698) and are contingent on the 
consummation of the pending license transfer (ADAMS Accession No. 
ML19326B953). The proposed decommissioning process involves evaluating 
SSCs with respect to the current facility safety analysis; 
progressively removing them from the licensing basis where necessary 
through appropriate change mechanisms (e.g., 10 CFR 50.59 or by NRC-
approved technical specification changes, as applicable); revising the 
defueled safety analysis report and/or UFSAR as necessary; and then 
proceeding with an orderly dismantlement.
    Entergy intends to retain the records required by its license as 
the facility's decommissioning transitions. However, equipment 
abandonment will obviate the regulatory and business needs for 
maintenance of most records. As the SSCs are removed from the licensing 
basis, Entergy asserts that the need for its records is, on a practical 
basis, eliminated. Therefore, Entergy is requesting partial exemptions 
from the associated records retention requirements for SSCs and 
historical activities that are no longer relevant. Entergy is not 
requesting exemptions from any recordkeeping requirements for storage 
of spent fuel at an ISFSI under 10 CFR part 50 or the general license 
requirements of 10 CFR part 72.

A. Authorized by Law

    As stated above, 10 CFR 50.12 allows the NRC to grant exemptions 
from 10 CFR part 50 requirements if it makes certain findings. As 
described in this section and in the sections below, the NRC staff has 
determined that special circumstances exist to grant the partial 
exemptions. In addition, granting the licensee's proposed partial 
exemptions 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 partial exemption request from the 
recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix 
B, Criterion XVII; and 10 CFR 50.59(d)(3) is authorized by law.

[[Page 62335]]

B. No Undue Risk to Public Health and Safety

    As SSCs are prepared for safe storage operation activities and 
eventual decommissioning and dismantlement, they will be removed from 
NRC licensing basis documents through appropriate change mechanisms, 
such as through the 10 CFR 50.59 process or through a license amendment 
request approved by the NRC. These change processes involve either a 
determination by the licensee or an approval from the NRC that the 
affected SSCs no longer serve any safety purpose regulated by the NRC. 
Therefore, the removal of the SSCs would not present an undue risk to 
the public health and safety. In turn, elimination of records 
associated with these removed SSCs would not cause any additional 
impact to public health and safety.
    The granting of the partial exemption request from the 
recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix 
B, Criterion XVII; and 10 CFR 50.59(d)(3) for the records described is 
administrative in nature and will have no impact on any remaining 
decommissioning activities or on radiological effluents. The granting 
of the partial exemption request will only advance the schedule for 
disposition of the specified records. Because these records contain 
information about SSCs associated with reactor operation and contain no 
information needed to maintain the facility in a safe condition when 
the facility is permanently defueled and the SSCs are dismantled, the 
elimination of these records on an advanced timetable will have no 
reasonable possibility of presenting any undue risk to the public 
health and safety.

C. Consistent With the Common Defense and Security

    The elimination of the recordkeeping requirements does not involve 
information or activities that could potentially impact the common 
defense and security of the United States. Upon dismantlement of the 
affected SSCs, the records have no functional purpose relative to 
maintaining the safe operation of the SSCs, maintaining conditions that 
would affect the ongoing health and safety of workers or the public, or 
informing decisions related to nuclear security.
    Rather, the partial exemptions requested are administrative in 
nature and would only advance the current schedule for disposition of 
the specified records. Therefore, the partial exemption request from 
the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, 
Appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the types of 
records described is consistent with 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; or (iii) Compliance would result in undue hardship or 
other costs that are significantly in excess of those contemplated 
when the regulation was adopted. . . .

    Criterion XVII of Appendix B to 10 CFR part 50, states, in part: 
``Sufficient records shall be maintained to furnish evidence of 
activities affecting quality.''
    Paragraph 50.59(d)(3) of 10 CFR states, in part: ``The records of 
changes in the facility must be maintained until the termination of an 
operating license issued under this part. . . .''
    Paragraph 50.71(c) of 10 CFR states, in part:

    Records that are required by the regulations in this part or 
part 52 of this chapter, by license condition, or by technical 
specifications must be retained for the period specified by the 
appropriate regulation, license condition, or technical 
specification. If a retention period is not otherwise specified, 
these records must be retained until the Commission terminates the 
facility license. . . .

    In the Statement of Considerations for the final rulemaking, 
``Retention Periods for Records'' (53 FR 19240; May 27, 1988), in 
response to public comments received during the rulemaking process, the 
NRC stated that records must be retained ``for NRC to ensure compliance 
with the safety and health aspects of the nuclear environment and for 
the NRC to accomplish its mission to protect the public health and 
safety.'' In the Statement of Considerations, the Commission also 
explained that requiring licensees to maintain adequate records assists 
the NRC ``in judging compliance and noncompliance, to act on possible 
noncompliance, and to examine facts as necessary following any 
incident.''
    These regulations apply to licensees in decommissioning. During the 
decommissioning process, safety-related SSCs are retired or disabled 
and subsequently removed from NRC licensing basis documents by 
appropriate change mechanisms. Appropriate removal of an SSC from the 
licensing basis requires either a determination by the licensee or an 
approval from the NRC that the SSC no longer has the potential to cause 
an accident, event, or other problem that would adversely impact public 
health and safety.
    The records subject to removal under this partial exemption request 
are associated with SSCs that had been important to safety during power 
operation or operation of the SFP, but are no longer capable of causing 
an event, incident, or condition that would adversely impact public 
health and safety, as evidenced by their appropriate removal from the 
licensing basis documents. If the SSCs no longer have the potential to 
cause these scenarios, then it is reasonable to conclude that the 
records associated with these SSCs would not reasonably be necessary to 
assist the NRC in determining compliance and noncompliance, taking 
action on possible noncompliance, and examining facts following an 
incident. Therefore, their retention would not serve the underlying 
purpose of the rule.
    In addition, once removed from the licensing basis documents (e.g., 
UFSARs or technical specifications), SSCs are no longer governed by the 
NRC's regulations, and therefore, are not subject to compliance with 
the safety and health aspects of the nuclear environment. As such, 
retention of records associated with SSCs that are or will no be longer 
part of the facility serve no safety or regulatory purpose, nor do they 
serve the underlying purpose of the rule of maintaining compliance with 
the safety and health aspects of the nuclear environment in order to 
accomplish the NRC's mission. Accordingly, special circumstances are 
present which the NRC may consider, pursuant to 10 CFR 50.12(a)(2)(ii), 
to grant the requested partial exemptions.
    Records that continue to serve the underlying purpose of the rule--
that is, to maintain compliance and to protect public health and safety 
in support of the NRC's mission--will continue to be retained pursuant 
to the regulations in 10 CFR part 50 and 10 CFR part 72. Retained 
records that are not subject to the proposed partial exemption include 
those associated with programmatic controls, such as those pertaining 
to residual radioactivity, security, and quality assurance, as well as 
records associated with the ISFSI and spent fuel assemblies.
    The retention of records required by 10 CFR 50.71(c); 10 CFR part 
50, Appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) provides 
assurance that records associated with SSCs will be

[[Page 62336]]

captured, indexed, and stored in an environmentally suitable and 
retrievable condition. Given the volume of records associated with the 
SSCs, compliance with the records retention rule results in a 
considerable cost to the licensee. Retention of the volume of records 
associated with the SSCs during the operational phase is appropriate to 
serve the underlying purpose of determining compliance and 
noncompliance, taking action on possible noncompliance and examining 
facts following an incident, as discussed.
    However, the cost effect of retaining operational phase records 
beyond the operations phase until the termination of the license was 
not fully considered or understood when the records retention rule was 
put in place. For example, existing records storage facilities are 
eliminated as decommissioning progresses. Retaining records associated 
with SSCs and activities that no longer serve a safety or regulatory 
purpose would, therefore, result in an unnecessary financial and 
administrative burden. As such, compliance with the rule would result 
in an undue cost in excess of that contemplated when the rule was 
adopted. Accordingly, special circumstances are present, which the NRC 
may consider, pursuant to 10 CFR 50.12(a)(2)(iii), to grant the partial 
exemption request.

E. Environmental Considerations

    Pursuant to 10 CFR 51.22(b) and (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).
    The partial exemption request is administrative in nature. The 
partial exemption request has no effect on SSCs and no effect on the 
capability of any plant SSC to perform its design function. The partial 
exemption request would not increase the likelihood of the malfunction 
of any plant SSC. The probability of occurrence of previously evaluated 
accidents is not increased, since most previously analyzed accidents 
will no longer be able to occur, and the probability and consequences 
of the remaining fuel handling accident are unaffected by the partial 
exemption request. Therefore, the partial exemption request does not 
involve a significant increase in the probability or consequences of an 
accident previously evaluated.
    The partial exemption request does not involve a physical 
alteration of the plant. No new or different type of equipment will be 
installed, and there are no physical modifications to existing 
equipment associated with the partial exemption request. Similarly, the 
partial exemption request will not physically change any SSCs involved 
in the mitigation of any accidents. Thus, no new initiators or 
precursors of a new or different kind of accident are created. 
Furthermore, the partial exemption request does not create the 
possibility of a new accident as a result of new failure modes 
associated with any equipment or personnel failures. No changes are 
being made to parameters within which the plant is normally operated or 
in the setpoints that initiate protective or mitigative actions, and no 
new failure modes are being introduced. Therefore, the partial 
exemption request does not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    The partial exemption request does not alter the design basis or 
any safety limits for the plant. The partial exemption request does not 
impact station operation or any plant SSC that is relied upon for 
accident mitigation. Therefore, the partial exemption request does not 
involve a significant reduction in a margin of safety.
    For these reasons, the NRC staff has determined that approval of 
the partial exemption request involves no significant hazards 
consideration because granting the licensee's partial exemption request 
from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, 
Appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) at the 
decommissioning Indian Point does not (1) involve a significant 
increase in the probability or consequences of an accident previously 
evaluated, (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 (10 CFR 50.92(c)). 
Likewise, there is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite 
and no significant increase in individual or cumulative public or 
occupational radiation exposure.
    The exempted regulations are not associated with construction, so 
there is no significant construction impact. The exempted regulations 
do not concern the source term (i.e., potential amount of radiation 
involved in an accident) or accident mitigation; therefore, there is no 
significant increase in the potential for, or consequences from, 
radiological accidents. Allowing the licensee partial exemption from 
the record retention requirements for which the exemption is sought 
involves recordkeeping requirements, as well as reporting requirements 
of an administrative, managerial, or organizational nature.
    Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR 
51.22(c)(25)(vi)(A), no environmental impact statement or environmental 
assessment need be prepared in connection with the approval of this 
partial exemption request.

IV. Conclusions

    The NRC staff has determined that the granting of the partial 
exemption request from the recordkeeping requirements of 10 CFR 
50.71(c); 10 CFR part 50, Appendix B, Criterion XVII; and 10 CFR 
50.59(d)(3) will not present an undue risk to the public health and 
safety. The destruction of the identified records will not impact 
remaining decommissioning activities; plant operations, configuration, 
and/or radiological effluents; operational and/or installed SSCs that 
are quality-related or important to safety; or nuclear security. The 
NRC staff determined that the destruction of the identified records is 
administrative in nature and does not involve information or activities 
that could potentially impact the common defense and security of the 
United States.
    The purpose for the recordkeeping regulations is to assist the NRC 
in carrying out its mission to protect the public health and safety by 
ensuring that the licensing and design basis of the facility is 
understood, documented, preserved, and retrievable in such a way that 
will aid the NRC in determining compliance and noncompliance, taking 
action on possible noncompliance, and examining facts following an 
incident. Since the Indian Point SSCs that were safety-related or 
important to safety have been or will be removed from the licensing 
basis and removed from the plant, the NRC staff has determined that the 
records identified in the partial exemption request will no longer be 
required to achieve the underlying purpose of the records retention 
rule.

[[Page 62337]]

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12, the partial exemptions are authorized by law, will not present 
an undue risk to the public health and safety, and are consistent with 
the common defense and security. Also, special circumstances are 
present. Therefore, the Commission hereby grants Entergy a partial 
exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 
CFR part 50, Appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for 
Indian Point, only to the extent necessary to allow the licensee to 
advance the schedule to remove records associated with SSCs that have 
been or will be removed from NRC licensing basis documents by 
appropriate change mechanisms (e.g., 10 CFR 50.59 or by an NRC-approved 
license amendment request, as applicable).
    This partial exemption is effective for Indian Point 2 as of the 
date of its issuance; however, the actions permitted by the exemption 
for Indian Point 3 may not be implemented until the docketing of the 
licensee's certification of permanent cessation of operations and 
permanent removal of fuel from the Indian Point 3 reactor vessel 
pursuant to 10 CFR 50.82(a)(1).
    Dated: September 28, 2020.

    For the Nuclear Regulatory Commission.

Craig G. Erlanger,

Director, Division of Operating Reactor Licensing.

[FR Doc. 2020-21858 Filed 10-1-20; 8:45 am]
BILLING CODE 7590-01-P