ML21323A070

Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E

ML21323A070
Person / Time
Site:	Indian Point
Issue date:	11/19/2021
From:	Fleming J Holtec Decommissioning International
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
HDI-IPEC-21-028
Download: ML21323A070 (9)

Text

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 10 CFR 20, Appendix G November 19, 2021 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Indian Point Energy Center Provisional License No. DPR-5 Renewed Facility License No. DPR-26 and DPR-64 NRC Docket Nos.50-003, 50-247, 50-286, and 72-051

Subject:

Request for Exemption from 10 CFR 20, Appendix G, Section III.E In accordance with 10 CFR 20.2301, "Applications for exemptions," Holtec Decommissioning International, LLC (HDI) requests NRC approval for exemption from certain requirements of Section III.E of 10 CFR 20, Appendix G, "Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests," for the Indian Point Energy Center (IPEC). These regulations require IPEC to investigate and report to the NRC when IPEC does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer.

IPEC is requesting that the time period to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 days to 45 days for low-level radioactive waste shipments. The requested exemption would be applicable to mixed mode shipments from IPEC, including combination of truck/rail shipments from IPEC.

The attachment to this letter provides an evaluation of the request, which includes a description and purpose of the request, as well as justification for granting the exemption.

This exemption request is not required to address an immediate safety concern; however, IPEC anticipates an increased number of low-level radioactive waste shipments as site decommissioning activities increase. Therefore, IPEC is requesting NRC approval of this exemption request within six months.

This letter contains no new regulatory commitments.

If you have any questions or need further information, please contact me at (856) 797-0900, ext.

3578.

Sincerely, Digitally signed by Jean A. Fleming Jean A. DN: cn=Jean A. Fleming, c=US, o=Holtec Decommissioning International, LLC, ou=Regulatory and Fleming Environmental Affairs, email=J.Fleming@Holtec.com Date: 2021.11.19 10:03:00 -05'00' Jean A. Fleming HDI Vice President, Regulatory and Environmental Affairs Holtec Decommissioning International, LLC HDI-IPEC-21-028 Page 1 of 2

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909

Attachment:

1. Exemption Request Evaluation cc: NRC Regional Administrator - Region I NRC NMSS Project Manager (Indian Point Energy Center)

NRC Senior Regional Inspector, Indian Point Energy Center President and CEO, NYSERDA NYS Public Service Commission NYS Department of Environmental Conservation HDI-IPEC-21-028 Page 2 of 2

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 Attachment 1 to HDI-IPEC-21-028 Indian Point Energy Center Exemption Request Evaluation APPLICATION FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR 20, APPENDIX G, SECTION III.E (7 total pages)

HDI-IPEC-21-028 Page 1 of 7

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 APPLICATION FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR 20, APPENDIX G, SECTION III.E I. APPLICATION FOR EXEMPTION In accordance with 10 CFR 20.2301, "Applications for exemptions," Holtec Decommissioning International, LLC (HDI) requests an exemption from certain requirements of Section III.E of 10 CFR 20, Appendix G, for Indian Point Energy Center (IPEC). 10 CFR 20, Appendix G, Section III.E "Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests," requires that any shipment, or part of a shipment, for which acknowledgement is not received within the times set forth in this section must:

1. Be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer; and

2. Be traced and reported. The investigation shall include tracing the shipment and filing a report with the nearest Commission Regional Office listed in appendix D to this part. Each licensee who conducts a trace investigation shall file a written report with the appropriate NRC Regional Office within 2 weeks of completion of the investigation.

IPEC is requesting that the period of time to receive acknowledgement that a shipment has been received by the intended recipient be extended from 20 days to 45 days for radioactive waste shipments from the IPEC. The requested exemption would be applicable to IPEC mixed mode shipments such as a combination of truck/rail shipments.

II. PURPOSE As described in the background summary below, HDIs experience at IPEC thus far in 2021 and historical data obtained from other decommissioning power reactor sites; Pilgrim Nuclear Power Station (PNPS) and Oyster Creek Nuclear Generating Station (OCNGS) indicate that numerous rail shipments can take longer than 20 days, resulting in an excessive administrative burden because of required investigations and reporting. By extending the time for receipt notification to 45 days before requiring investigation and reporting, a reasonable upper limit on shipment duration is still maintained if a shipment is delayed.

III. BACKGROUND Section III.E of 10 CFR 20, Appendix G requires that any shipment, or part of a shipment, be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer. Each licensee who conducts a trace investigation shall file a written report with the appropriate NRC Regional Office within two weeks of completion of the investigation.

IPEC is in the process of decommissioning the Indian Point Energy facility. Inherent to the decommissioning process, large volumes of slightly contaminated debris are generated and require disposal. IPEC will transport low-level radioactive waste from the facility to distant HDI-IPEC-21-028 Page 2 of 7

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 locations such as a waste disposal facility operated by Waste Control Specialist (WCS) in Andrews, Texas.

In May and June 2021, PNPS shipped numerous freight containers of low-level radioactive waste that were transloaded onto railcars for transport to the WCS disposal facility in Andrews, Texas. The total transit time when the shipments were released from the PNPS facility until verification of receipt, varied from twenty-two (22) to fifty-six (56) days. These shipments were investigated by PNPS, and reports were submitted to the NRC Regional Administrator (References 1, 2 and 3). The PNPS shipments are similar in nature to shipments planned at IPEC and the requested exemption will reduce the number of investigations and subsequent reports In addition, the NRC documented that operating experience indicates that, while the 20-day receipt notification window is adequate for waste shipments by truck, other modes of shipment such as rail, barge, or mixed-mode shipments, such as combinations of truck and rail, barge and rail, and barge and truck shipments, may take more than 20 days to reach their destination due to delays in the route that are outside the shippers control (e.g., rail cars in switchyards waiting to be included in a complete train to the disposal facility) (Reference 4).

The requested exemption is similar to those previously submitted and approved by the NRC for San Onofre, Fort Calhoun, Vermont Yankee and Pilgrim (References 5, 6 and 7).

Disposal of IPECs low level radioactive waste will require mixed-mode shipments to waste disposal facilities or processors. IPEC does not have direct rail access on-site and initially plans to utilize road shipments to intermodal transfer terminals for transfer of containers onto rail as the primary transport method. In the future, other modes of transport such as barge may be utilized. These transport methods have the added benefit to reduce our overall highway miles traveled. As decommissioning continues, an increase in truck to rail shipments is expected.

These road /rail shipments may sit on the rail spur at a remote railyard (e.g., waiting for a train to depart or allow for railcar repair) and may add to shipping delays that extend the durations of shipments from IPEC. In addition, administrative processes at the disposal facility and communication of receipt times could add several additional days. Therefore, IPEC is requesting an extension to 45 days for receipt notification for mixed mode shipments from the disposal processing facility.

IV. JUSTIFICATION FOR EXEMPTION As stated in 10 CFR 20.2301, "The Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of the regulations in this part if it determines the exemption is authorized by law and would not result in undue hazard to life or property."

(1) The Requested Exemption is Authorized by Law HDI-IPEC-21-028 Page 3 of 7

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 There are no provisions in the Atomic Energy Act (or in any other federal statute) that impose a requirement to investigate and report to the NRC low-level radioactive waste shipments that have not been acknowledged by the intended recipient within 20 days after transfer. Therefore, there is no statutory prohibition on the issuance of the requested exemption, and the NRC is authorized to grant the exemption under law.

(2) The Requested Exemption Would Not Result in Undue Hazard to Life or Property The intent of 10 CFR 20, Appendix G, Section III.E is to require licensees to investigate, report, and trace radioactive shipments that have not reached their destination within 20 days after transfer. For truck (roadway) and rail shipments, IPEC utilizes an electronic data tracking system interchange, or similar tracking systems that allows monitoring the progress of the shipments by the rail/road carrier daily. As a result, granting an exemption to IPEC for shipments of low-level radioactive waste to disposal facilities or waste processors results in no undue hazard to life or property.

The purpose of the 10 CFR 20, Appendix G regulation is to investigate a late shipment that may be lost, misdirected, or diverted. For truck (roadway) and rail shipments, IPEC will utilize an electronic data tracking system interchange, or similar tracking systems that allows monitoring the progress of the shipments daily. As a result, it will be unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or IPEC.

V. ENVIRONMENTAL CONSIDERATIONS The proposed exemption has been evaluated against the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25):

(i) There is no significant hazard considerations; Indian Point Energy Center (IPEC) has evaluated the proposed exemption to determine whether or not a significant hazard consideration is involved by focusing on the three standards set forth in 10 CFR 50.92(c) as discussed below:

1. Does the proposed exemption involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

All spent fuel at IPEC is maintained in either the spent fuel pool or is in dry fuel storage within an Independent Spent Fuel Storage Installation. In this configuration, there are no accidents evaluated in the Defueled Safety Analysis Report.

The proposed exemption involves changes to certain reporting requirements delineated in 10 CFR Part 20, Appendix G, Section III.E. This proposed change has no effect on any facility structures, systems, and components (SSCs) or their HDI-IPEC-21-028 Page 4 of 7

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 capability to perform design functions, and therefore would not increase the likelihood of a malfunction of any facility SSC or affect the performance of any SSCs relied upon to mitigate the consequences of an accident previously evaluated. The means by which SSCs are operated, maintained, modified, tested, or inspected are also not affected.

Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed exemption create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The proposed exemption does not involve a physical alteration of the facility, and no new or different types of SSCs will be installed, therefore there are no physical modifications to existing equipment that could result from the exemption. The proposed exemption does not involve modifications which could modify the manner in which facility SSCs are operated and maintained and does not result in any changes to parameters within which the facility is normally operated and maintained.

Therefore, the proposed exemption does not create the possibility of a new or different kind of accident from any previously evaluated.

3. Does the proposed exemption involve a significant reduction in a margin of safety?

Response: No.

The proposed exemption from certain reporting requirements of 10 CFR Part 20, Appendix G, Section III.E is unrelated to any facility operation. As such, the exemption would not affect any remaining equipment of the facility.

Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.

Based on the above, IPEC has determined that the proposed exemption presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c),

and, accordingly, a finding of no significant hazards consideration is justified.

(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; The requested exemption to certain reporting requirements specified in 10 CFR Part 20, Appendix G, Section III.E will not result in changes to any facility SSCs or design HDI-IPEC-21-028 Page 5 of 7

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 functions associated with monitoring or limiting the release of effluents. There are no expected changes in the types, characteristics, or quantities of effluents discharged to the environment as a result of the exemption. The exemption would not introduce any materials or chemicals into the facility that could affect any of the amounts or types of effluents released offsite. Therefore, there is no change in the types or increase in the amounts of any effluents that may be released offsite.

(iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; The requested exemption proposes to revise certain reporting requirements delineated in 10 CFR 20, and as such does not result in any change to the consequences of the accident previously evaluated and does not involve any significant change in the types or amounts of effluents that may be released offsite. The proposed reporting requirements contained within this exemption request does not result in any physical changes to the facility SSCs, the manner in which they are operated or maintained, and does not involve a change to land use at the IPEC site. Therefore, there is no significant increase in individual or cumulative public or occupational radiation exposure.

(iv) There is no significant construction impact; The requested exemption involves a change to certain reporting requirements specified in 10 CFR Part 20, Appendix G, Section III.E, and does not result in any physical changes to the facility or the manner in which any physical changes to the facility are performed. Therefore, there is no significant construction impact.

(v) There is no significant increase in the potential for or consequences from radiological accidents; Refer to the no significant hazards considerations discussion in item (i) above.

Therefore, there is no significant increase in the potential for or consequences from radiological accidents.

(vi) The requirements from which an exemption is sought involve reporting requirements; The purpose of the requested exemption is to modify certain reporting timeframe requirements in 10 CFR Part 20, Appendix G, Section III.E, which requires that any shipment, or part of a shipment, be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer. The required investigation includes tracing the shipment and filing a report with the nearest Commission Regional Office. Therefore, the requirement from which an exemption is sought does involve reporting requirements.

Accordingly, IPEC has determined that the proposed exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25)(i) through (vi). Therefore, in accordance HDI-IPEC-21-028 Page 6 of 7

Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the consideration of this exemption request.

VI. Precedents :

The requested exemption is similar to exemptions submitted and approved by the NRC for San Onofre Station, Fort Calhoun Station, Vermont Yankee and Pilgrim (References 5,6 and 7).

VII. CONCLUSION The information provided meets the requirements outlined in 10 CFR20.2301, specifically giving the NRC sufficient basis for determining that the requested exemption is authorized by law and would not result in an undue hazard to life or property. Under the exemption, IPEC would not be required to investigate and report a shipment in accordance with 10 CFR 20, Appendix G, Section III.E unless a copy of the signed NRC Form 540 (or NRC Form 540A, if required) acknowledging receipt has not been received within 45 days of the shipment leaving the IPEC facility. IPEC will request a daily update to be provided for the location of the conveyance from the appropriate carriers. As a result, it will be unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or IPEC personnel.

VIII. REFERENCES

1. Letter, Holtec Decommissioning International, LLC to USNRC, Late LLRW Shipment Investigation Report Pursuant to 10 CFR 20, Appendix G, HDI -PIL-21-054, dated June 14, 2021 (ML21165A399).

2. Letter, Holtec Decommissioning International, LLC to USNRC, Report of Investigation Pursuant to 10 CFR 20, Appendix G, HDI -PIL-21-078 dated July 06, 2021 (ML21187A200).

3. Letter, Holtec Decommissioning International, LLC to USNRC, Report of Investigation Pursuant to 10 CFR 20, Appendix G, HDI -PIL-21-086, dated July 22, 2021 (ML21203A313).

4. SECY-18-0055: Enclosure 1 - Federal Register Notice, Proposed Rule Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning, pages 157-160, dated May 22, 2018, (ML18012A022).

5. Letter US NRC to Southern California Edison, San Onofre Nuclear Generating Station, Unit Nos. 1, 2, and 3 - Exemption from Title 10 of the Code of Federal Regulations Part 20, Appendix G,Section III.E (EPID No. L-2020-LLE-0142), November 13, 2020 (ML20287A358)

6. Letter US NRC to Omaha Public Power District, Fort Calhoun Station, Unit No. 1 -

Exemption from 10 Code of Federal Regulation Part 20, Appendix G,Section III.E (EPID No. L-2020-LLE-0015), June 30, 2020 (ML20162A155)

7. Letter US NRC to NorthStar,LLC, Vermont Yankee Nuclear Power Station - Exemption from 10 Code of Federal Regulation Part 20, Appendix G,Section III.E (EPID No. L-2019-LLE-0026, February 5, 2020 (ML20017A069)

8. Letter US NRC to Holtec Decommissioning International, LLC, Pilgrim Nuclear Power Station - Exemption from Certain Requirements of 10 CFR Part 20, Appendix G, Section III.E (EPID No. L-2021-LLE-0043, October 18, 2021 (ML21267A518)

HDI-IPEC-21-028 Page 7 of 7