Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station, 79372-79375 [2022-28115]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79372-79375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28115]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-219 and 72-15; NRC-2022-0192]


Holtec Decommissioning International, LLC; Oyster Creek Nuclear 
Generating Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to an August 2, 2022 request from Holtec 
Decommissioning International, LLC (HDI) that would permit HDI to 
investigate and report to the NRC when the Oyster Creek Nuclear 
Generating Station does not receive notification of receipt of a 
shipment, or part of a shipment, of low-level radioactive waste within 
90 days after transfer, instead of the 20-day investigation requirement 
currently delineated in the NRC's regulations.

DATES: The exemption was issued on December 15, 2022, and was effective 
upon issuance.

ADDRESSES: Please refer to Docket ID NRC-2022-0192 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-2022-0192. 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.

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     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, 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: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marlayna V. Doell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3178; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: December 20, 2022.

    For the Nuclear Regulatory Commission.
Marlayna V. Doell,
Project Manager, Reactor Decommissioning Branch, Division of 
Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear 
Material Safety and Safeguards.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-219 and 72-15

Holtec Decommissioning International, LLC

Oyster Creek Nuclear Generating Station

Exemption from Certain Low-Level Waste Shipment Tracking Requirements 
of 10 CFR part 20, Appendix G, Section III.E

I. Background.

    The decommissioning Oyster Creek Nuclear Generating Station (Oyster 
Creek) facility consists of a permanently shutdown and defueled 
boiling-water reactor and a dry cask Independent Spent Fuel Storage 
Installation (ISFSI) located in the town of Forked River in Ocean 
County, New Jersey. By letter dated February 14, 2018 (Agencywide 
Documents Access and Management System [ADAMS] Accession No. 
ML18045A084), Exelon Generation Company, LLC (Exelon), which was the 
licensee at the time, submitted certification to the U.S. Nuclear 
Regulatory Commission (NRC or the Commission) indicating its intention 
to permanently cease power operations at Oyster Creek pursuant to Title 
10 of the Code of Federal Regulations (10 CFR) Section 50.82(a)(1)(i).
    By letter dated September 25, 2018 (ML18268A258), Exelon certified 
to the NRC that as of September 17, 2018, operations had ceased at 
Oyster Creek, and that pursuant to 10 CFR 50.82(a)(1)(ii) all fuel had 
been removed from the reactor vessel. Effective July 1, 2019, the 
Oyster Creek Renewed Facility Operating License (RFOL) No. DPR-16, and 
the general license for the Oyster Creek ISFSI were transferred from 
Exelon to Oyster Creek Environmental Protection, LLC (OCEP), as the 
licensed owner and to Holtec Decommissioning International, LLC (HDI), 
as the licensed decommissioning operator.
    Based on the docketing of these certifications for permanent 
cessation of operations and permanent removal of fuel from the reactor 
vessel, as specified in 10 CFR 50.82(a)(2), the renewed facility 
operating license for Oyster Creek no longer authorizes operation of 
the reactor or emplacement or retention of fuel in the reactor vessel. 
The facility is still authorized to possess and store irradiated (i.e., 
spent) nuclear fuel. Spent fuel is currently stored onsite at the 
Oyster Creek facility in the ISFSI. By letter dated May 21, 2021 
(ML21160A065), HDI certified that all spent nuclear fuel assemblies 
were permanently transferred out of the Oyster Creek spent fuel pool 
and placed in storage within the onsite ISFSI.
    By letter dated May 21, 2018 (ML18141A775), as supplemented by 
letter dated September 24, 2018 (ML18267A216), Exelon submitted to the 
NRC the Post-Shutdown Decommissioning Activities Report (PSDAR), 
including the site-specific Decommissioning Cost Estimate (DCE), for 
Oyster Creek, pursuant to 10 CFR 50.82, ``Termination of license.'' The 
PSDAR outlined the planned decommissioning activities for Oyster Creek, 
and Exelon selected the SAFSTOR method for decommissioning. By letter 
dated September 28, 2018 (ML18275A116), HDI submitted to the NRC a 
revised PSDAR, including a revised site-specific DCE, for Oyster Creek, 
pursuant to 10 CFR 50.82(a)(7) and contingent upon NRC approval of the 
proposed license transfer from Exelon to HDI (ML18243A489). HDI 
selected the DECON method for decommissioning Oyster Creek in the 
revised PSDAR.
    By letter dated December 17, 2018 (ML18241A068), the NRC staff 
found that the Exelon-submitted SAFSTOR PSDAR, as supplemented, 
contained the information required by 10 CFR 50.82(a)(4)(i). In that 
letter, the NRC staff stated that it was treating the HDI-submitted 
DECON PSDAR as a supplement to the Oyster Creek license transfer 
application until such time as the NRC made a regulatory decision 
regarding the license transfer application. On June 20, 2019 
(ML19095A454), the NRC staff approved the Oyster Creek license transfer 
application and the license transfer transaction was consummated on 
July 1, 2019 (ML19182A342). Accordingly, the NRC staff commenced its 
review of the HDI-submitted DECON PSDAR under 10 CFR 50.82(a)(4)(i). By 
letter dated December 5, 2019 (ML19304A079), the NRC staff found that 
the revised PSDAR contains the information required by 10 CFR 
50.82(a)(4)(i) related to the plans for decommissioning the Oyster 
Creek facility.
    In accordance with the revised Oyster Creek PSDAR, by the end of 
2035 the licensee is expected to complete all decommissioning work 
necessary to obtain NRC approval to reduce the Part 50 license site 
footprint to the ISFSI area only and to allow partial release of the 
Oyster Creek site for unrestricted future use. Inherent to the plans 
for this decommissioning process, large volumes of low-level 
radioactive waste are generated. This low-level radioactive waste 
requires processing and disposal or only disposal. HDI will transport, 
by truck or by mixed mode shipments (for example, by a combination of 
truck and rail), low-level radioactive waste from the facility to 
locations such as the waste disposal facility operated by Waste Control 
Specialists (WCS) in Andrews, Texas and the one operated by Energy 
Solutions in Clive, Utah.

II. Request/Action

    By letter dated August 2, 2022 (ML22214A173), HDI requested an 
exemption from portions of Section III.E of Appendix G, ``Requirements 
for Transfers of Low-Level Radioactive Waste Intended for Disposal at 
Licensed Land Disposal Facilities and Manifests,'' to Part 20, 
``Standards for Protection Against Radiation,'' of 10 CFR for transfers 
of low-level radioactive waste from the Oyster Creek facility. Section 
III.E requires that the shipper of any

[[Page 79374]]

low-level radioactive waste to a licensed land disposal or processing 
facility must investigate and trace the shipment if the shipper has not 
received notification of the shipment's receipt by the disposal or 
processing facility within 20 days after transfer. In addition, Section 
III.E requires licensees to report such investigations to the NRC.
    HDI is specifically 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.'' HDI seeks to extend 
the 20 day time period for HDI to receive notification that the 
shipment was received to 90 days after transfer for shipments from the 
Oyster Creek facility to the intended recipient, before having to 
investigate and report such shipments to the NRC. HDI's request states 
that the ability to track the location of all shipments that are in 
transit will remain in place, regardless of the longer transit times, 
and are validated daily to monitor for potential diversion of the low-
level radioactive waste material. Therefore, this exemption would allow 
a majority of the shipments to be processed as having arrived on time, 
while ensuring that HDI will continue to perform an investigation and 
report excessively long shipments to the NRC in accordance with the 
intent of 10 CFR part 20, Appendix G.

III. Discussion

A. The Exemption is Authorized by Law

    The NRC's regulations in 10 CFR 20.2301 allow the Commission 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 staff 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 Hazard to Life and Property

    The purpose of 10 CFR part 20, Appendix G, Section III.E is to 
require licensees to investigate, trace, and report radioactive 
shipments that have not reached their destination, as scheduled, for 
unknown reasons. HDI states that ``between December 2019 and February 
2021, Oyster Creek shipped thirty-eight railcars worth of low-level 
radioactive waste to the WCS disposal facility in Andrews, Texas. The 
total transit time when the shipments were released from the Oyster 
Creek facility until verification of receipt, varied from thirty (30) 
to one hundred thirty-four (134) days.'' HDI's experience at Oyster 
Creek demonstrates that rail and mixed mode shipments from Oyster Creek 
to these facilities can routinely take longer than 20 days for various 
reasons that cannot be anticipated nor avoided. Based on these past 
reports and experiences, the NRC staff concludes that delays due to 
rail scheduling are likely to recur.
    Further, HDI notes that the requested exemption is similar to the 
ones previously approved by the NRC, namely: San Onofre Nuclear 
Generating Station on November 13, 2020 (ref. ML20287A358), Fort 
Calhoun Station on June 30, 2020 (ref. ML20162A155), Vermont Yankee 
Nuclear Power Station on February 5, 2020 (ref. ML20017A069), La Crosse 
Boiling Water Reactor facility on May 2, 2017 (ref. ML17124A210), and 
Zion Nuclear Power Station, Units 1 and 2, on January 30, 2015 (ref 
ML15008A417). The NRC staff reviewed these other exemption requests and 
notes that all of the facilities listed above are reactor facilities 
undergoing decommissioning. The NRC staff agrees that these exemption 
requests are similar to the exemption requested by HDI.
    The NRC staff also notes that HDI is in the process of 
decommissioning Oyster Creek. During reactor decommissioning, large 
volumes of slightly contaminated debris are generated and require 
disposal. Disposal of Oyster Creek's low-level radioactive waste will 
require mixed mode (truck to rail to truck) shipments to waste disposal 
facilities or processors. Oyster Creek does not have direct rail access 
onsite and currently utilizes road shipments to intermodal transfer 
terminals for transfer of containers onto rail as the primary transport 
method. This transport method has the added benefit to reduce overall 
highway miles traveled. As decommissioning continues, an increase in 
truck to rail shipments is expected.
    As explained by HDI, HDI takes actions during the preparation of 
shipments of low-level radioactive waste from Oyster Creek to predict 
and mitigate undesirable conditions as much as possible, but 
unanticipated delays can often extend the shipping duration beyond the 
requisite 20 days. Due to the complex scheduling and congestion on the 
planned rail systems, delays beyond the estimated durations are often 
encountered after the waste leaves site. Rail shipments may sit at a 
remote railyard waiting for clearance to depart or for maintenance of a 
railcar in need of repair; either of which creates delays that can 
extend the estimated shipping durations from Oyster Creek and are 
outside of the shipper's (i.e., HDI's) control. Administrative 
processes at the disposal facility and mail delivery times can add 
several additional days before notification of receipt is available. 
HDI states that exceeding the 20-day shipment duration results in an 
administrative burden as a result of the required investigations and 
reporting, even though shipments continue to be under requisite 
controls.
    According to HDI, low-level radioactive waste shipments from the 
Oyster Creek facility can take longer than 20 days to reach a waste 
disposal facility; however, the delay is not the result of loss, but a 
consequence of the complexity involved in shipping large components. In 
addition, the NRC staff is aware of shipping industry practices that 
could result in shipping durations exceeding 20 days due to issues not 
specifically related to the transport of large components, such as rail 
cars containing low-level radioactive waste waiting in switchyards to 
be included in a complete train to the disposal facility.
    In addition, in terms of potential effects on a member of the 
public, the primary cause of low-level radioactive waste shipment 
delays is coordination with the rail carriers. When these delays 
happen, the shipment is generally within a railyard and not near a 
member of the public or a public place. The only way a low-level 
radioactive waste shipment would remain in a public place for an 
unusual amount of time is if there was a problem with the transport 
vehicle or the rail system itself. In that instance, the NRC staff 
notes that all low-level radioactive waste shipments from Oyster Creek 
are required to be compliant with the U.S. Department of Transportation 
(DOT) and NRC requirements for transportation of low-level radioactive 
packaging, placarding, and allowable radiation levels at the surface of 
the package for health and safety purposes during transit, including 
during switchyard staging. Furthermore, the shipments are required to 
be under control of the shipper at all times, tracked by the licensee, 
and periodically monitored by the licensee, as needed. Therefore, there 
are no potential health and safety concerns associated with this 
material sitting in a switchyard for an extended period of time. In the 
unlikely event that a low-level waste shipment were to remain in a 
public place for an

[[Page 79375]]

extended period of time, adherence to the DOT transportation 
requirements would also ensure that there would be no health and safety 
concerns regarding potential dose to the public.
    Based on the history of low-level radioactive waste shipments from 
Oyster Creek and the lack of potential health and safety concerns 
associated with this material sitting in a switchyard for extended 
period of time, the need to investigate, trace, and report on low-level 
radioactive waste shipments that take longer than 90 days is therefore 
appropriate.
    As indicated in the request for exemption, for rail and truck 
shipments from Oyster Creek, HDI will use a tracking system that allows 
daily monitoring of a shipments' progress to its destination and the 
Oyster Creek shipping procedures prescribe the expectations for 
tracking and communications during transit. The NRC staff believes 
these steps will allow for monitoring the progress of the shipments by 
the rail or truck carrier on a daily basis, if needed, in lieu of the 
20-day requirement and will initiate an investigation as provided for 
in Section III.E of Appendix G to 10 CFR part 20 after 90 days. Because 
of the oversight and ability to monitor low-level radioactive waste 
shipments throughout the entire journey from Oyster Creek to a disposal 
or processing site as noted above, the NRC staff concludes that it is 
unlikely that a shipment could be lost, misdirected, or diverted 
without the knowledge of the carrier or HDI and there is no potential 
health and safety concern presented by the requested exemption. 
Furthermore, by extending the elapsed time for receipt acknowledgment 
to 90 days before requiring investigations, tracing, and reporting, a 
reasonable upper limit on shipment duration is maintained if a 
breakdown of normal tracking systems were to occur.
    Consequently, the NRC staff finds that extending the receipt of 
notification period from 20 to 90 days after transfer of the low-level 
radioactive waste as described by HDI in its August 2, 2022, letter 
would not result in an undue hazard to life or property.

C. The Exemption is Subject to a Categorical Exclusion

    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, the approval of the HDI exemption 
request, is within the scope of the categorical exclusion listed at 10 
CFR 51.22(c)(25). The proposed action presents (i) no significant 
hazards considerations; (ii) would not result in a significant change 
in the types or significant increase in the amounts of any effluents 
that may be released offsite; (iii) would not result in a significant 
increase in individual or cumulative public or occupational radiation 
exposure; (iv) has no significant construction impact; (v) does not 
present a significant increase in the potential for or consequences 
from radiological accidents. The requirements from which an exemption 
is sought involves reporting requirements under 10 CFR 
51.22(c)(25)(vi)(B) as well as inspection or surveillance requirements 
under 10 CFR 51.22(c)(25)(vi)(C). Given the applicability of relevant 
categorical exclusions, no further analysis is required under NEPA.

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, effective immediately, the 
Commission hereby grants HDI an exemption from 10 CFR part 20, Appendix 
G, Section III.E to extend the receipt of notification period from 20 
days to 90 days after transfer of low-level radioactive waste shipments 
from the Oyster Creek Nuclear Generating Station facility to a licensed 
land disposal or processing facility.

Dated this 15th day of December, 2022
For the Nuclear Regulatory Commission.
Jane E. Marshall, Director,
Division of Decommissioning, Uranium Recovery, and Waste Programs,
Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2022-28115 Filed 12-23-22; 8:45 am]
BILLING CODE 7590-01-P