Letter Sequence Approval |
---|
EPID:L-2018-LLE-0019, Environmental Assessment and Finding of No Significant Impact Related to Exemption Request for a Physical Barrier Requirement (Approved, Closed) |
|
MONTHYEARML18130A8852018-08-29029 August 2018 FENOC Fleet - Beaver Valley; Davis-Besse; Perry - Environment Assessment and Finding of No Significant Impact Related to Exemption Request for a Physical Barrier Requirement (CAC Nos. MG0010, MG0011, MG0012, and MG0013; EPID L-2018-LLE-0019 Project stage: Other ML18130A8892018-08-29029 August 2018, 4 September 2018 Environmental Assessment and Finding of No Significant Impact Related to Exemption Request for a Physical Barrier Requirement Project stage: Request ML18320A0372018-11-16016 November 2018 Request for Exemption from 10 CFR 50.82(a)(8)(I)(A) Project stage: Request ML18320A0362018-11-16016 November 2018 Update to Spent Fuel Management Plan Pursuant to 10 CFR 50.54 (Bb) Project stage: Request ML18333A1122018-12-20020 December 2018 Acceptance Review Letter, Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities Project stage: Acceptance Review ML19136A2222019-06-26026 June 2019 Letter, Environmental Assessment and Finding of No Significant Impact; Exemption to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities Project stage: Other ML19136A1762019-06-26026 June 2019 FRN, Environmental Assessment and Finding of No Significant Impact; Exemption from 10 CFR 50.82(a)(8)(i)(A), Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities Project stage: Approval ML19162A3342019-07-22022 July 2019 Letter, Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities Project stage: Approval ML19163A0012019-07-22022 July 2019 Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities Project stage: Approval ML19163A0022019-07-23023 July 2019 FRN, Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities Project stage: Approval 2018-08-29
[Table View] |
|
---|
Category:Exemption from NRC Requirements
MONTHYEARML22241A1122022-08-29029 August 2022 Request for Exemption from 10 CFR 72.212(a)(2), (b)(2), (b)(3), (b)(4), (B)(5)(i), (b)(11), and 72.214 for Pilgrim ISFSI Annual Radioactive Effluent Release Report ML19281D7432020-01-0909 January 2020 FRN, Exemption from 10 CFR 50.54(w)(1) - Onsite Property Damage Insurance ML19282A0192020-01-0707 January 2020 FRN, Exemption from 10 CFR 140.11(a)(4) - Primary and Secondary Liability Insurance ML19281D7402020-01-0606 January 2020 Exemption from 10 CFR 50.54(w)(1) - Onsite Property Damage Insurance ML19282A0362020-01-0606 January 2020 Exemption from 10 CFR 140.11(a)(4) - Primary and Secondary Liability Insurance ML19282A1922020-01-0606 January 2020 Letter, Exemption from 10 CFR 140.11(a)(4) - Primary and Secondary Liability Insurance and Amendment No. 14 to Indemnity Agreement No. B-48 ML19142A0602019-12-18018 December 2019 Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML19142A0432019-12-18018 December 2019 Letter and Safety Evaluation, Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML19142A0732019-12-18018 December 2019 Federal Register Notice, Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML19192A0872019-08-22022 August 2019 FRN, Request to Exempt Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19192A0862019-08-22022 August 2019 Exemption for Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19192A0832019-08-22022 August 2019 Letter, Request to Exempt Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19163A0022019-07-23023 July 2019 FRN, Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML19162A3342019-07-22022 July 2019 Letter, Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML19087A1122019-05-21021 May 2019 Partial Exemption from Record Retention Requirements of 10 CFR 50.71(c), 10 CFR 50.59(d)(3), and 10 CFR 50 Appendix B ML19087A1522019-05-21021 May 2019 Letter, Partial Exemption from Record Retention Requirements of 10 CFR 50.71(c), 10 CFR 50.59(d)(3), and 10 CFR 50 Appendix B ML19088A0502019-03-25025 March 2019 (PNPS) - Request for Exemption from Portions of 10 CFR 50.54(w)(1) ML19088A1272019-03-25025 March 2019 (PNPS) - Request for Exemption from 10 CFR 140.11 (a)(4) ML19050A1912019-02-14014 February 2019 Response to Request for Additional Information - Exemption from the Requirements of 10CFR50.47 and Appendix E to 10CFR50 CNRO-2018-00047, Application for Order Consenting to Direct and Indirect Transfers of Control of Licenses and Approving Conforming License Amendment; and Request for Exemption from 10 CFR 50.82(a)(8)(i)(A)2018-11-16016 November 2018 Application for Order Consenting to Direct and Indirect Transfers of Control of Licenses and Approving Conforming License Amendment; and Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) ML17059D7672017-05-16016 May 2017 Pilgrim Nuclear Power Station - FRN, Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler (CAC No. MF9274) ML1006007132010-03-16016 March 2010 Exemption from the Requirements of 10 CFR Part 73, Section 73.55 Implementation Deadline for Physical Security Plans ML1002607162010-01-22022 January 2010 Request for Exemption from Physical Security Requirements (Redacted) ML0813603262008-06-0909 June 2008 Exemption from the Schedule Requirements of 10 CFR 50.75(f)(3) ML0810001762008-02-28028 February 2008 Request for Exemption from the Schedule Requirements of 10 CFR 50.75(f)(3) ML0225505592002-09-12012 September 2002 Exemption from Requirements of 10 CFR Part 20, Section 20.1003 Definition of Total Effective Dose Equivalent (TEDE) 2022-08-29
[Table view] Category:Federal Register Notice
MONTHYEARML21267A5202021-10-18018 October 2021 Exemption 10 CFR Part 20, Appendix G Acceptance Review Federal Register Notice ML21270A0762021-10-18018 October 2021 Enclosure - Pilgrim Nuclear Power Station - Exemption 10 CFR Part 20, Appendix G Acceptance Review Order ML21097A0412021-02-0202 February 2021 E-Mail Attachment - Copy of Federal Register Notice Vol. 82, No. 20 2-2-2021, Page 7885 ML19281D7432020-01-0909 January 2020 FRN, Exemption from 10 CFR 50.54(w)(1) - Onsite Property Damage Insurance ML19282A0192020-01-0707 January 2020 FRN, Exemption from 10 CFR 140.11(a)(4) - Primary and Secondary Liability Insurance ML19281D7402020-01-0606 January 2020 Exemption from 10 CFR 50.54(w)(1) - Onsite Property Damage Insurance ML19142A0732019-12-18018 December 2019 Federal Register Notice, Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML18332A0992019-12-13013 December 2019 Letter, Environmental Assessment and Finding of No Significant Impact; Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML18332A0632019-12-13013 December 2019 Environmental Assessment and Finding of No Significant Impact Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML19303B7932019-11-25025 November 2019 OEDO-15-00479 - Federal Register Notice with Pilgrim Nuclear Power Station - Director'S Decision 2.206 Petition Regarding Current Licensing Basis for Flooding ML19170A2572019-08-22022 August 2019 Federal Register Notice, Order Approving Direct and Indirect Transfer of Renewed Facility Operating License to Holtec Pilgrim, LLC, Owner and Holtec Decommissioning International, LLC, Operator (L-2018-LLO-0003) ML19192A0872019-08-22022 August 2019 FRN, Request to Exempt Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19191A0052019-08-15015 August 2019 FRN, Environmental Assessment and Finding of No Significant Impact - Request to Exemption Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19163A0022019-07-23023 July 2019 FRN, Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML19163A0012019-07-22022 July 2019 Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML19136A1762019-06-26026 June 2019 FRN, Environmental Assessment and Finding of No Significant Impact; Exemption from 10 CFR 50.82(a)(8)(i)(A), Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML20042D6972019-01-31031 January 2019 Federal Register Notice - Pilgrim Nuclear Station; Consideration of Approval of Transfer of License and Conforming Amendment (January 31, 2019; 84 Fr 816) ML18337A4302019-01-0202 January 2019 Letter, Notice of Application for Order for Direct and Indirect Transfer of Renewed Facility Operating License and Conforming License Amendment to Holtec Pilgrim, LLC and Holtec Decommissioning International, LLC ML18337A4182019-01-0202 January 2019 FRN, Notice of Application for Order for Direct and Indirect Transfer of Renewed Facility Operating License and Conforming License Amendment to Holtec Pilgrim, LLC and Holtec Decommissioning International, LLC ML18331A1492018-12-18018 December 2018 Federal Register Notice, Notice of Receipt, Public Meeting, and Request for Comment on Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate ML18331A1292018-12-18018 December 2018 Letter, Notice of Receipt, Public Meeting, and Request for Comment on Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate ML18295A7442018-10-25025 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 11/06/18 ML17353A1922017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 ML17059D7672017-05-16016 May 2017 Pilgrim Nuclear Power Station - FRN, Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler (CAC No. MF9274) ML15356A7352016-02-11011 February 2016 OEDO-15-00479: David Lochbaum and Others 2.206 Petition Regarding Pilgrim'S Current License Basis for Flooding Acknowledgement Letter ML15356A7442016-02-11011 February 2016 OEDO-15-00479: Federal Register Notice 2.206 Petition Regarding Pilgrim'S Current License Basis for Flooding NRC-2016-0035, OEDO-15-00479: Federal Register Notice 2.206 Petition Regarding Pilgrim'S Current License Basis for Flooding2016-02-11011 February 2016 OEDO-15-00479: Federal Register Notice 2.206 Petition Regarding Pilgrim'S Current License Basis for Flooding ML15162A6902015-08-27027 August 2015 G20130211 - Transmittal Letter to Petitioner Judson Regarding Final Director'S Decision for James A. FitzPatrick Power Plant, Pilgrim Nuclear Power Station and Vermont Yankee Nuclear Power Station ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 ML15051A0242015-03-0606 March 2015 Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination & Opportunity for a Hearing & Order Imposing Procedures for Document Access (MF5431) NRC-2015-0053, Federal Register Notice - License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Entergy Nuclear Operations, Inc. Pilgrim Nuclear Power Station2015-03-0606 March 2015 Federal Register Notice - License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Entergy Nuclear Operations, Inc. Pilgrim Nuclear Power Station ML15051A0272015-03-0606 March 2015 Federal Register Notice - License Amendment Application; Opportunity to Comment, Request a Hearing, and Petition for Leave to Intervene; Order for Entergy Nuclear Operations, Inc. Pilgrim Nuclear Power Station ML14335A6302015-01-15015 January 2015 G20110262 - Final Response to Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units NRC-2015-0009, G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units2015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6482015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14255A4352014-09-15015 September 2014 Transmittal LTR for Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing ML14189A6652014-07-24024 July 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information - August 5, 2014 NRC-2012-0186, G20100454 - Federal Register Notice 2.206 Petition (Pilgrim Watch) - Non-EQ Inaccessible Cables and Wiring at Pilgrim Nuclear Power Station2013-09-26026 September 2013 G20100454 - Federal Register Notice 2.206 Petition (Pilgrim Watch) - Non-EQ Inaccessible Cables and Wiring at Pilgrim Nuclear Power Station ML13255A1912013-09-26026 September 2013 G20100454 - Transmittal Letter 2.206 Petition (Pilgrim Watch)-Non-EQ Inaccessible Cables and Wiring at Pilgrim Nuclear Power Station ML13255A1932013-09-26026 September 2013 G20100454 - Federal Register Notice 2.206 Petition (Pilgrim Watch) - Non-EQ Inaccessible Cables and Wiring at Pilgrim Nuclear Power Station ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML13154A3312013-08-0707 August 2013 G20130211 - Federal Register Notice - 2.206 Petition from Tim Judson Financial Qualifications Fitzpatrick/Vermont Yankee/Pilgrim ML13154A3132013-08-0707 August 2013 G20130211 Letter to Timothy Judson 2.206 Financial Qualifications Fitzpatrick/Vermont Yankee/Pilgrim ML13018A4572013-03-20020 March 2013 Proposed Director'S Decision - Entergy'S Management of Non-Environmentally Qualified Inaccessible Cables & Wiring at Pilgrim ML13025A3212013-03-14014 March 2013 ANO 1 & 2, Big Rock, FitzPatrick, GGNS, Indian Point 1, 2 & 3, Palisades, Pilgrim, RBS, Vermont Yankee, and Waterford - Correction FRN, Biweekly Notice of Issuance of Amendments Published on 1/22/13, Revise QA Program Manual and Staff Quali ML1034303362012-08-0202 August 2012 G20100454/EDATS: OEDO-2010-0589 - Federal Register Notice - Receipt of Request for Action Under 10 CFR 2.206 Entergy'S Management of Non-Environmentally Qualified Inaccessible Cables & Wiring at Pilgrim ML1219102272012-08-0202 August 2012 G20100454/EDATS: OEDO-2010-0589 - Acknowledgement Letter to Mary Lampert Re 2.206 - Inadequate of Entergy'S Management of Non-Environmentally Qualified Inaccessible Cables & Wiring at Pilgrim ML0910404232012-05-29029 May 2012 Issuance of Renewed License for Pilgrim Nuclear Generating Station NRC-2012-0002, 03/30/2012 Commission Meeting - FRN2012-03-23023 March 2012 03/30/2012 Commission Meeting - FRN 2021-02-02
[Table view] Category:Finding of No Significant Impact
MONTHYEARML21060B1162021-03-31031 March 2021 Final Environmental Assessment and Finding of No Significant Impact for Initial and Updated Decommissioning Funding Plans for Pilgrim ISFSI ML19142A0732019-12-18018 December 2019 Federal Register Notice, Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML19142A0602019-12-18018 December 2019 Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML18332A0632019-12-13013 December 2019 Environmental Assessment and Finding of No Significant Impact Exemption to Allow Reduced Emergency Planning Requirements; Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor ML19191A0062019-08-15015 August 2019 Letter, Environmental Assessment and Finding of No Significant Impact - Request to Exemption Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19191A0052019-08-15015 August 2019 FRN, Environmental Assessment and Finding of No Significant Impact - Request to Exemption Holtec Decommissioning International from Requirements of 10 CFR 50.82(a)(8)(i)(A) Related to Decommissioning Trust Fund ML19163A0022019-07-23023 July 2019 FRN, Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML19162A3342019-07-22022 July 2019 Letter, Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) to Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML19136A1762019-06-26026 June 2019 FRN, Environmental Assessment and Finding of No Significant Impact; Exemption from 10 CFR 50.82(a)(8)(i)(A), Allow Use of Funds from Nuclear Decommissioning Trust for Spent Fuel Management and Site Restoration Activities ML0934907592010-01-0707 January 2010 Environmental Assessment and Finding of No Significant Impact Proposed Licensee Name Change ML0813604022008-05-30030 May 2008 Environment Assessment Regarding the Exemption from the Schedule Requirements of 10 CFR 50.75(f)(3) ML0224102312002-08-28028 August 2002 Environmental Assessment, Definition of Total Effective Dose Equivalent 2021-03-31
[Table view] |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-293; NRC-2019-0130]
Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a November 16, 2018, request from Entergy Nuclear Operations, Inc. (the licensee or Entergy). The issuance of the exemption would permit Entergy to use funds from the Pilgrim Nuclear Power Station (Pilgrim) decommissioning trust fund (DTF) for spent fuel management and site restoration activities.
DATES: The exemption was issued on July 22, 2019 ADDRESSES: Please refer to Docket ID NRC-2019-0130 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 Web Site: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0130. Address questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127; e-mail:
Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. 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.
- NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2855; e-mail: Scott.Wall@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated at Rockville, Maryland, this 23rd day of July, 2019.
For the Nuclear Regulatory Commission.
/RA/
Scott P. Wall, Senior Project Manager, Plant Licensing Branch III, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment - Exemption.
2
NUCLEAR REGULATORY COMMISSION Docket No. 50-293 Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station Exemption I. Background.
Entergy Nuclear Operations, Inc. (Entergy, the licensee), is the holder of Renewed Facility Operating License No. DPR-35 for the Pilgrim Nuclear Power Station (Pilgrim). The facility is located in the town of Plymouth, Plymouth County, in the Commonwealth of Massachusetts.
By letter dated November 10, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15328A053), Entergy submitted a notification to the U.S. Nuclear Regulatory Commission (NRC) indicating that it would permanently shut down Pilgrim no later than June 1, 2019. By letter dated June 10, 2019 (ADAMS Accession No. ML19161A033), Entergy submitted to the NRC a certification in accordance with § 50.82(a)(1) of Title 10 of the Code of Federal Regulations (10 CFR), stating that Pilgrim permanently ceased power operations on May 31, 2019, and that as of June 9, 2019, all fuel had been permanently removed from the Pilgrim reactor vessel and placed in the spent fuel pool. Accordingly, pursuant to 10 CFR 50.82(a)(2), the Pilgrim renewed facility operating license no longer authorizes operation of the reactor or emplacement or retention of fuel in the reactor vessel.
3
II. Request/Action.
By letter dated November 16, 2018 (ADAMS Accession No. ML18320A037),
Entergy submitted a request for exemption from 10 CFR 50.82(a)(8)(i)(A). The exemption from 10 CFR 50.82(a)(8)(i)(A) would permit Entergy to make withdrawals from the Pilgrim Decommissioning Trust Fund (DTF) for spent fuel management and site restoration activities in accordance with the Pilgrim decommissioning cost estimate. By a separate letter dated November 16, 2018 (ADAMS Accession No. ML18320A036),
Entergy submitted an update to the Pilgrim Spent Fuel Management Plan pursuant to 10 CFR 50.54(bb). By another separate letter dated November 16, 2018 (ADAMS Accession No. ML18320A034), as supplemented by letter dated January 9, 2019 (ADAMS Accession No. ML19015A020), Entergy submitted the Post-Shutdown Decommissioning Activities Report and site-specific decommissioning cost estimate for Pilgrim.
The 10 CFR 50.82(a)(8)(i)(A) requirement restricts the use of DTF withdrawals to expenses for legitimate decommissioning activities consistent with the definition of decommissioning that appears in 10 CFR 50.2. The definition of decommission in 10 CFR 50.2 reads as follows:
to remove a facility or site safely from service and reduce residual radioactivity to a level that permits (1) Release of the property for unrestricted use and termination of the license; or (2) Release of the property under restricted conditions and termination of the license.
4
This definition does not include activities associated with spent fuel management and site restoration activities. Therefore, an exemption from 10 CFR 50.82(a)(8)(i)(A) is needed to allow Entergy to use funds from the DTF for spent fuel management and site restoration activities.
Similar to 10 CFR 50.82(a)(8)(i)(A), provisions of 10 CFR 50.75(h)(1)(iv) and (h)(2) dictate that with certain exceptions, disbursements from nuclear decommissioning trusts are restricted to decommissioning expenses. However, in accord with 10 CFR 50.75(h)(5), these provisions do not apply to any licensee that as of December 24, 2003, has existing license conditions relating to decommissioning trust agreements, so long as the licensee does not elect to amend those license conditions. The operating license for Pilgrim included existing license conditions relating to decommissioning trust agreements on December 24, 2003, and as such, Pilgrim is exempt from the provisions of paragraphs (h)(1) through (h)(3) of the regulations in 10 CFR 50.75, pursuant to the terms of 10 CFR 50.75(h)(5).
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 (1) when the 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; and (2) when any of the special circumstances listed in 10 CFR 50.12(a)(2) are present. These special circumstances include, among other things:
5
(a) 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; and (b) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated.
A. Authorized by Law The requested exemption from 10 CFR 50.82(a)(8)(i)(A) would allow Entergy to use a portion of the funds from the DTF for spent fuel management and site restoration activities at Pilgrim in the same manner that withdrawals are made under 10 CFR 50.82(a)(8) for decommissioning activities. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR Part 50 when the exemptions are authorized by law. The NRC staff has determined, as explained below, that granting the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law.
B. No Undue Risk to Public Health and Safety The underlying purpose of 10 CFR 50.82(a)(8)(i)(A) is to provide reasonable assurance that adequate funds will be available for the radiological decommissioning of power reactors and license termination. Based on the site-specific cost estimate and the cash flow analysis, use of a portion of the DTF for spent fuel management and site restoration activities will not adversely impact Entergys ability to complete radiological decommissioning within 60 years and terminate the Pilgrim license. Furthermore, 6
withdrawals from the DTF for spent fuel management and site restoration should not affect the sufficiency of funds in the DTF to accomplish radiological decontamination of the site because such withdrawals are still constrained by the provisions of 10 CFR 50.82(a)(8)(i)(B) - (C) and are reviewable under the annual reporting requirements of 10 CFR 50.82(a)(8)(v) - (vii).
Based on the above, there are no new accident precursors created by using the DTF in the proposed manner. Thus, the probability of postulated accidents is not increased. Also, based on the above, the consequences of postulated accidents are not increased. No changes are being made in the types or amounts of effluents that may be released offsite. There is no significant increase in occupational or public radiation exposure. Therefore, the requested exemption will not present an undue risk to the public health and safety.
C. Consistent with the Common Defense and Security The requested exemption would allow Entergy to use funds from the Pilgrim DTF for spent fuel management and site restoration activities at Pilgrim. Spent fuel management under 10 CFR 50.54(bb) is an integral part of the planned Entergy decommissioning and license termination process and will not adversely affect Entergys ability to physically secure the site or protect special nuclear material. This change to enable the use of a portion of the funds from the DTF for spent fuel management and site restoration activities has no relation to security issues. Therefore, the common defense and security is not impacted by the requested exemption.
7
D. Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present whenever application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the regulation.
The underlying purpose of 10 CFR 50.82(a)(8)(i)(A), which restricts withdrawals from DTFs to expenses for radiological decommissioning activities, is to provide reasonable assurance that adequate funds will be available for radiological decommissioning of power reactors and license termination. Strict application of this requirement would prohibit the withdrawal of funds from the Pilgrim DTF for activities other than radiological decommissioning activities at Pilgrim, such as for spent fuel management and site restoration activities, until final radiological decommissioning at Pilgrim has been completed.
The total Pilgrim DTF balance as of October 31, 2018, was approximately
$1,051,722,000. The Entergy analysis projects the total radiological decommissioning cost of Pilgrim to be approximately $1,187,994,000 (2018 dollars). As required by 10 CFR 50.54(bb), Entergy estimated the costs associated with the long-term spent fuel management at Pilgrim to be $420.3 million in 2018 dollars.
The NRC staff performed an independent cash flow analysis of the DTF over the 60-year SAFSTOR period (assuming an annual real rate of return of 2 percent, as allowed by 10 CFR 50.75(e)(1)(ii)) and determined the projected earnings of the DTF.
The NRC staff confirmed that the current funds in the DTF and projected earnings provide reasonable assurance of adequate funding to complete all NRC-required radiological decommissioning activities, and also to pay for spent fuel management and site restoration activities. Therefore, the NRC staff finds that Entergy has provided 8
reasonable assurance that adequate funds will be available for the radiological decommissioning of Pilgrim, even with the disbursement of funds from the DTF for spent fuel management and site restoration activities. Consequently, the NRC staff concludes that application of the 10 CFR 50.82(a)(8)(i)(A) requirement that funds from the DTF only be used for radiological decommissioning activities and not for spent fuel management and site restoration activities is not necessary to achieve the underlying purpose of the rule; thus, special circumstances are present supporting approval of the exemption request.
By granting the exemption to 10 CFR 50.82(a)(8)(i)(A), the NRC staff considers that withdrawals consistent with the licensee's submittal dated November 16, 2018, are authorized. As stated previously, the NRC staff has determined that there are sufficient funds in the DTF to complete radiological decommissioning activities as well as to conduct spent fuel management and site restoration activities consistent with the Post-Shutdown Decommissioning Activities Report, decommissioning cost estimate, Spent Fuel Management Plan, and the November 16, 2018, exemption request.
Pursuant to the requirements in 10 CFR 50.82(a)(8)(v) and (vii), licensees are required to monitor and annually report to the NRC the status of the DTF and the licensees funding for managing spent fuel. These reports provide the NRC staff with awareness of, and the ability to take action on, any actual or potential funding deficiencies.
Additionally, 10 CFR 50.82(a)(8)(vi) requires that the annual financial assurance status report must include additional financial assurance to cover the estimated cost of completion if the sum of the balance of any remaining decommissioning funds, plus earnings on such funds calculated at not greater than a 2 percent real rate of return, together with the amount provided by other financial assurance methods being relied upon, does not cover the estimated cost to complete the decommissioning. The 9
requested exemption would not allow the withdrawal of funds from the DTF for any other purpose that is not currently authorized in the regulations without prior notification to the NRC.
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(iii), are present whenever compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated. The licensee states that the DTF contains funds in excess of the estimated costs of radiological decommissioning and that these excess funds are needed for spent fuel management and site restoration activities. The NRC does not preclude the use of funds from the decommissioning trust in excess of those needed for radiological decommissioning for other purposes, such as spent fuel management or site restoration activities.
The NRC has stated that funding for spent fuel management and site restoration activities may be commingled in the DTF, provided that the licensee is able to identify and account for the radiological decommissioning funds separately from the funds set aside for spent fuel management and site restoration activities (see NRC Regulatory Issue Summary 2001-07, Rev. 1, 10 CFR 50.75 Reporting and Recordkeeping for Decommissioning Planning, dated January 8, 2009 (ADAMS Accession No. ML083440158), and Regulatory Guide 1.184, Revision 1, Decommissioning of Nuclear Power Reactors, dated October 2013 (ADAMS Accession No. ML13144A840)).
Preventing access to those excess funds in the DTF because spent fuel management and site restoration activities are not associated with radiological decommissioning would create an unnecessary financial burden without any corresponding safety benefit.
The adequacy of the DTF to cover the cost of activities associated with spent fuel management and site restoration, in addition to radiological decommissioning, is 10
supported by the site-specific decommissioning cost analysis. If the licensee cannot use its DTF for spent fuel management and site restoration activities, it would need to obtain additional funding that would not be recoverable from the DTF, or the licensee would have to modify its decommissioning approach and methods. The NRC staff concludes that either outcome would impose an unnecessary and undue burden significantly in excess of that contemplated when 10 CFR 50.82(a)(8)(i)(A) was adopted.
The underlying purposes of 10 CFR 50.82(a)(8)(i)(A) would be achieved by allowing Entergy to use a portion of the Pilgrim DTF for spent fuel management and site restoration activities, and compliance with the regulation would result in an undue hardship or other costs that are significantly in excess of those contemplated when the regulations were adopted. Thus, the special circumstances required by 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(iii) exist and support the approval of the requested exemption.
E. Environmental Considerations In accordance with 10 CFR 51.31(a), the Commission has determined that the granting of the exemption will not have a significant effect on the quality of the human environment (see Environmental Assessment and Finding of No Significant Impact published in the Federal Register on July 1, 2019 (84 FR 31356).
IV. Conclusions.
In consideration of the above, the NRC staff finds that the proposed exemption confirms the adequacy of funding in the Pilgrim DTF, considering growth, to complete 11
radiological decommissioning of the site and to terminate the license and also to cover estimated spent fuel management and site restoration activities.
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a),
the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants Entergy exemption from the 10 CFR 50.82(a)(8)(i)(A) requirement to allow use of a portion of the funds from the Pilgrim DTF for spent fuel management and site restoration activities in accordance with the Pilgrim Post-Shutdown Decommissioning Activities Report and decommissioning cost estimate, dated November 16, 2018, as supplemented by letter dated January 9, 2019.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 22nd day of July, 2019.
For the Nuclear Regulatory Commission.
Craig G. Erlanger, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
12