ML22082A220

Review of Post Shutdown Decommissioning Activities Report

ML22082A220
Person / Time
Site:	Indian Point
Issue date:	05/02/2022
From:	Cruz-Perez Z Reactor Decommissioning Branch
To:	Fleming J Holtec Decommissioning International
Cruz-Perez Z
References
EPID L-2021-LRO-0031
Download: ML22082A220 (11)

Text

Jean Fleming, Vice President Regulatory and Environmental Affairs Holtec Decommissioning International, LLC Krishna P. Singh Technology Campus 1 Holtec Blvd.

Camden, NJ 08104

SUBJECT:

INDIAN POINT ENERGY CENTER - REVIEW OF POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT (EPID L-2021-LRO-0031)

Dear Ms. Fleming:

By letter dated December 19, 2019 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML19354A698), as supplemented by letter dated February 3, 2022 (ADAMS Accession No. ML22034A788), Holtec Decommissioning International, LLC (HDI) submitted to the U.S. Nuclear Regulatory Commission (NRC, the Commission) the Post-Shutdown Decommissioning Activities Report (PSDAR), including the site-specific Decommissioning Cost Estimate (DCE), for Indian Point Nuclear Generating Units 1 (IP1), 2 (IP2), and 3 (IP3) or Indian Point Energy Center (IPEC), pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 50.82(a)(4)(i). HDI selected the DECON method for decommissioning IPEC.

By letter dated November 21, 2019 (ADAMS Accession No. ML19326B953), Entergy Nuclear Operations, Inc. (ENOI), on behalf of itself, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian Point 3, LLC, Holtec International (Holtec), and HDI, requested NRC approval of the transfer of control of the Provisional Operating License No. DPR-5 and Renewed Facility Operating License Nos. DPR-26 and DPR-64 for IP1, IP2, and IP3, respectively, as well as the general license for the IPEC Independent Spent Fuel Storage Installation (ISFSI) from ENOI to HDI. The Holtec subsidiaries are Holtec Indian Point 2, LLC (Holtec IP2) and Holtec Indian Point 3, LLC (Holtec IP3). Holtec IP2 would be the licensed owner for IP1 and IP2 and Holtec IP3 would be the licensed owner for IP3.

By Order dated November 23, 2020 (ADAMS Accession No. ML20297A325), the NRC approved the license transfer application, as discussed in the NRC staffs letter of November 23, 2020 (ADAMS Accession No. ML20297A321). The license transfer transaction was completed on May 28, 2021 (ADAMS Accession No. ML21126A005). Accordingly, the NRC staff commenced its review of the HDI DECON PSDAR submitted under 10 CFR 50.82(a)(4)(i).

IP1 was permanently shut down in October 31, 1974, and is in defueled status. IP2 permanently ceased operations on April 30, 2020, and ENOI certified to the NRC that all fuel had been permanently removed from the IP2 reactor and placed in the spent fuel pool on May 12, 2020 (ADAMS Accession No. ML20133J902). IP3 permanently ceased operations on April 30, 2021, and ENOI certified to the NRC that all fuel had been permanently removed from May 2, 2022

J. Fleming the IP3 reactor and placed in the spent fuel pool on May 11, 2021 (ADAMS Accession No. ML21131A157).

The purpose of this letter is to inform you that the NRC staff has completed its review of the HDI-submitted DECON PSDAR for IPEC, and based on our review, the NRC staff finds that the HDI-submitted DECON PSDAR for IPEC contains the information required by 10 CFR 50.82(a)(4)(i). The regulations do not require the NRC to approve a licensees submitted PSDAR; rather, NRC approval is required later, with regard to the licensees license termination plan and decommissioning plan, in accordance with 10 CFR 50.82(a)(9)-(10).

The purposes of the PSDAR and DCE are to: (1) inform the public of the licensees planned decommissioning activities, (2) assist in the scheduling of NRC resources necessary for the appropriate oversight activities, (3) ensure that the licensee has considered all of the costs of the planned decommissioning activities and has considered the funding for the decommissioning process, and (4) ensure that the environmental impacts of the planned decommissioning activities are bounded by those considered in existing environmental impact statements.

Pursuant to 10 CFR 50.82(a)(4)(i), the PSDAR must contain a description of the planned decommissioning activities along with a schedule for their accomplishment, a discussion that provides the reasons for concluding that the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate previously issued environmental impact statements, and a site-specific DCE, including the projected cost of managing irradiated fuel. Additionally, pursuant to 10 CFR 50.82(a)(3), decommissioning is to be completed within 60 years of permanent cessation of operations.

Consistent with 10 CFR 50.82(a)(4)(ii), the public was offered opportunities to comment on the PSDAR. A notice of receipt of the PSDAR was published in the Federal Register (86 FR 37346) on July 15, 2021. The NRC staff requested that all comments be submitted by October 22, 2021. Over 40 public comments were submitted.

Additionally, pursuant to 10 CFR 50.82(a)(4)(ii), the NRC staff held a public meeting in the vicinity of IPEC, on July 29, 2021, followed by a virtual meeting on August 18, 2021. The purpose of the meeting was to describe the decommissioning process, receive comments, and answer questions regarding the PSDAR. A summary of the meeting can be found at ADAMS Accession No. ML21342A140. Public questions and comments on the PSDAR and other matters related to the sites decommissioning, including the NRC staffs responses, are available for review in the transcript of the meeting and virtual meeting (ADAMS Accession Nos.

ML21232A235 and ML21238A010, respectively).

The public questions and comments that the NRC staff considered during its review of the PSDAR are summarized below. Details of the specific questions or comments can be found in the transcript referenced above.

Questions or comments about the use of decommissioning trust fund (DTF) resources for expenses other than those defined in 10 CFR 50.2, as well as comments about the NRC being certain that there will be enough funds to decommission IPEC and manage spent fuel until it is removed by the U.S. Department of Energy.

Questions or comments about maintaining an offsite emergency plan until all spent fuel is placed in dry casks.

J. Fleming Questions or comments about whether onsite dry cask storage canisters are safe and robust.

Questions or comments about moving the spent fuel to a permanent repository.

Public comments or questions that, upon review, were found to be outside of the NRCs regulatory purview or outside the scope of the NRC staffs review of a PSDAR, as defined in 10 CFR 50.82(a)(4)(i), are summarized below.

Questions or comments about NRC oversight while a plant is decommissioning.

Questions or comments about the Algonquin Pipeline System near IPEC during decommissioning activities.

Questions or comments about whether the current dry cask storage canisters can be monitored, inspected, or repaired.

Questions or comments about the transportation of nuclear waste.

The NRC staffs review of a PSDAR does not require a response to each of the comments submitted. However, the NRC staff acknowledges the comments and wishes to address the more significant comments below; the staff notes that where it identified a number of similar in-scope comments that pertained to the same topic, a single response is provided. Generic responses related to some of the topics are addressed below.

With respect to comments related to decommissioning funding and expenses, the NRC staff notes that NRC regulations require licensees in decommissioning to annually report on the status of funds put aside to cover the cost of decommissioning. Such financial assurance status reports must include additional financial assurance to cover any shortfalls. The NRC staff independently analyzes these reports to determine whether there is reasonable assurance that the licensees are providing sufficient funding to complete radiological decommissioning.

With respect to comments related to concerns about the safety of the plant during decommissioning, the staff notes that the NRC maintains inspection activities at decommissioning power plants in accordance with Inspection Manual Chapter (IMC) 2561, Decommissioning Power Reactor Inspection Program (ADAMS Accession No. ML17348A400).

The objectives of IMC 2561 are:

To obtain information through direct observation and verification of licensee activities to determine whether the power reactor is being decommissioned safely, that spent fuel is safely and securely stored onsite or transferred to another licensed location, and that site operations and license termination activities are in conformance with applicable regulatory requirements, the facility licensing basis, licensee commitments, and management controls;

J. Fleming To verify that: (1) the licensees procedures, processes, and programs for post-operational transition, decommissioning, and license termination are adequate; (2) necessary programs continue from the period of operation into decommissioning in accordance with the applicable regulatory requirements; and (3) the safety culture established during reactor operations is maintained. These decommissioning programs are assessed by inspection of four functional areas:

plant status; modifications, maintenance, and surveillances; problem identification and resolution; and radiation protection;

To identify declining trends in performance and perform inspections to verify that the licensee has resolved the issue(s) before performance declines below an acceptable level; and

To provide for effective allocation of resources for the inspection of nuclear power reactors following permanent cessation of operations.

With respect to comments related to long-term environmental monitoring, the NRC staff notes that the radiological environmental monitoring program that was in place at IPEC will continue after permanent shut down. The program will be modified to appropriately monitor the types of releases that may occur during decommissioning and to monitor results at appropriate intervals. Not all measurements will be made on a continuous basis. The licensee uses the results of the environmental monitoring program to calculate doses to the public. The licensee follows a procedure that is in the licensees Offsite Dose Calculation Manual.

With respect to comments related to ISFSI, the staff notes that the NRC has authorized the storage of spent nuclear fuel at the IPEC site in an ISFSI, under a general license.

The general license authorizes the licensee to store spent fuel in NRC-approved casks at the IPEC site.

In accordance with 10 CFR Part 72, the licensee performs evaluations of IPEC to demonstrate that the site is adequate for storing spent fuel in dry casks. These evaluations must show that the cask Certificate of Compliance conditions and technical specifications can be met, including analysis of earthquake events and tornado missiles.

The licensee must also review its security program, emergency plan, quality assurance program, training program, and radiation protection program, and make any necessary changes to incorporate the ISFSI in its programs.

An NRC-approved cask is one that has undergone a technical review of its safety aspects and has been found to be adequate to store spent fuel at a site in accordance with the NRCs requirements in 10 CFR Part 72.

The NRC issues a Certificate of Compliance for a cask design to a cask vendor if the NRC staffs review of the design finds that it is technically adequate. The cask certificate is valid for up to 40 years from the date of issuance.

The NRC staff reviewed the IPEC DECON PSDAR and its accompanying DCE against the requirements in 10 CFR 50.82(a). In addition, the NRC staff used the guidance in Regulatory Guide (RG) 1.185, Revision 1, Standard Format and Content for Post-Shutdown

J. Fleming Decommissioning Activities Report, June 2013 (ADAMS Accession No. ML13140A038), in conducting its review. Based on its review, the NRC staff concludes as follows.

1) Section 2 of the PSDAR, Description of Planned Decommissioning Activities, and the DCE provide the applicable information identified in Section C.1 of RG 1.185, Revision 1. The NRC staffs review found that the licensee adequately described the activities associated with the major periods or milestones related to the decommissioning, as required by 10 CFR 50.82(a)(4)(i) and consistent with RG 1.185, Revision 1. These periods included: Pre-Decommissioning Planning and Preparation, Plant Deactivation, Safe Storage Operations, Dismantlement, Ongoing ISFSI Operations, and Program Management.

2) Section 3 of the PSDAR, Schedule of Planned Decommissioning Activities, and the DCE provide the estimated dates for initiation and completion of major decommissioning activities, as required by 10 CFR 50.82(a)(4)(i) and consistent with Section C.2 of RG 1.185, Revision 1. The NRC staff finds that the schedule for decommissioning activities is adequate to achieve IPEC license termination within 60 years of permanent cessation of operations, as required by 10 CFR 50.82(a)(3).

3) Section 4 of the PSDAR, Estimate of Expected Decommissioning and Spent Fuel Management Costs, and the DCE provide an estimate of the expected decommissioning costs for IPEC. HDI maintains DTFs for IP1, IP2, and IP3, with DTF balances equaling $631,250,000, $793,730,000, and $990,700,000, respectively, as of December 31, 2020, according to HDIs 2021 decommissioning funding status report (ADAMS Accession No. ML21084A811). The trustee for the DTFs is Bank of New York Mellon. Per 10 CFR 50.75(c), the minimum formula amount required to demonstrate reasonable assurance of funds to radiologically decommission IP2 and IP3, as of December 31, 2020, is $529,887,151 for each unit, as calculated by staff. However, in its PSDAR, HDI provided site-specific cost estimates for IP2 and IP3 that include management of spent fuel at the site, equaling $657,847,000 and $954,438,000, respectively, as these units are entering active decommissioning. IP1, which transitioned from SAFSTOR to active decommissioning, has remaining radiological decommissioning costs of $606,150,000 per HDIs 2021 decommissioning funding status report. The NRC staff reviewed the cost estimates against the guidance in RG 1.185, Revision 1, Section C.3 and finds that HDIs site-specific DCE and irradiated fuel management estimate for IPEC are reasonable, are described consistent with the guidance in RG 1.185, Revision 1, provide sufficient details associated with the funding mechanisms, and meet the requirements of 10 CFR 50.82(a)(4)(i).

4) Section 5.0 of the PSDAR, Environmental Impacts, provides a discussion of the potential environmental impacts associated with the planned IPEC decommissioning activities, as required by 10 CFR 50.82(a)(4)(i) and consistent with Section C.4 of RG 1.185, Revision 1. The PSDAR includes a comparison of the potential environmental impacts from the planned IPEC decommissioning activities with impacts from similar activities provided in NUREG-0586, Supplement 1, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities, November 2002, Volumes 1 and 2 (ADAMS Accession Nos. ML023470327 and ML023500228, respectively)

(Decommissioning GEIS). A licensee in decommissioning is required to address the environmental impacts associated with site-specific decommissioning activities in both its PSDAR per 10 CFR 50.82(a)(4)(i) and before performing decommissioning activities that may (1) foreclose release of the site for possible unrestricted use, (2) result in

J. Fleming significant environmental impacts not previously reviewed, or (3) result in there no longer being reasonable assurance that adequate funds will be available for decommissioning, per 10 CFR 50.82(a)(6)(i), (ii) and (iii).

The environmental impacts of decommissioning activities are evaluated in the Decommissioning GEIS. In the Decommissioning GEIS, the NRC staff explained the significance of the impacts and whether the environmental impacts of decommissioning activities are considered generic to all nuclear power plants or site-specific. The Decommissioning GEIS identifies activities that can be bounded by the generic evaluations presented in the Decommissioning GEIS. The licensee can therefore rely on information in the Decommissioning GEIS and in the site-specific Generic Environmental Impact Statement for License Renewal of Nuclear Plants (NUREG-1437)

Supplement 38, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3 (SEIS)

(ADAMS Accession Nos. ML103270072 (Volumes 1, 2, and 3), ML13162A616 (Volume 4), and ML18107A759 (Volume 5)) as a basis for meeting the bounding impacts requirement in 10 CFR 50.82(a)(4)(i). The Decommissioning GEIS also identifies activities that could exceed the generic environmental impacts evaluated in that report and associated environmental issues that require site-specific analysis before performing the decommissioning activities. As indicated therein, the environmental issues that require site-specific analysis are threatened and endangered species, environmental justice, and cultural, historical, and archaeological resources.

By letter dated January 5, 2022 (ADAMS Accession No. ML22006A034), the NRC staff transmitted to HDI a request for additional information (RAI) to evaluate whether the PSDAR adequately demonstrates that the environmental impacts of the planned decommissioning activities are bounded by existing environmental impact statements and that the site-specific environmental impacts of decommissioning on threatened and endangered species, and on cultural, historic, and archeological resources are adequately addressed in the PSDAR. The staff also transmitted an RAI on ground water quality and public dose as discussed below. HDI responded to the RAIs on February 3, 2022 (ADAMS Accession No. ML22034A788). The NRC staffs assessment of these matters is provided below.

Threatened and Endangered Species Section 5.1.7 of the PSDAR addresses threatened and endangered species. With respect to federally listed terrestrial species, the PSDAR concludes that decommissioning would not affect the Indiana bat (Myotis sodalis), bog turtle (Clemmys muhlenbergii) or New England cottontail (Sylvilagus transitionalis). HDI states in the PSDAR that when the additional details of decommissioning activities have been determined, such as demolition or disturbance of land areas that could potentially affect a protected species, HDI will perform a review to determine if potential impacts associated with those activities have been adequately addressed by existing environmental impact statements and evaluations. HDI would address any such impacts through separate and appropriate permit or certification processes, such as through any necessary U.S. Army Corps of Engineers (USACE) permits, or HDI would update the site-specific assessment of threatened and endangered species in the PSDAR and request the NRC to initiate Endangered Species Act (ESA) consultation with the U.S.

Fish and Wildlife Service, as appropriate.

J. Fleming With respect to federally listed aquatic species, the PSDAR finds that the potential impacts of decommissioning on shortnose sturgeon (Acipenser brevisrostrum) and Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and critical habitat have been addressed in the license renewal SEIS and through previous ESA consultations and conferences between the NRC and National Marine Fisheries Service (NMFS).

In the January 5, 2022, RAI, the NRC staff requested that HDI evaluate the potential for barge vessel traffic associated with IPEC decommissioning activities to adversely affect Atlantic and shortnose sturgeon. In its RAI response, HDI stated that it has no current plans to employ barge transportation during decommissioning. If in the future HDI decides to employ barges for transportation of large plant components and other items, HDI would perform an environmental review of such activities and would obtain any necessary approvals and permits from the USACE and the New York State Department of Environmental Conservation. If HDI determines that barge traffic could affect Atlantic or shortnose sturgeon in a manner that was not considered in NMFSs January 30, 2013, biological opinion issued for IPEC operations and shutdown (ADAMS Accession No. ML13032A256), as amended on April 10, 2018 (ADAMS Accession No. ML18101A588) and on October 5, 2020 (ADAMS Accession No. ML20280A271), then HDI would request that the NRC reinitiate ESA consultation with NMFS in accordance with 50 CFR 402.16(c) to consider such impacts.

Environmental Justice Section 5.1.13 of the PSDAR addresses environmental justice. HDI conducted a site-specific assessment of this issue for IPEC decommissioning. HDI examined the geographic distribution of minority and low-income populations within a 50-mile radius of IPEC using the 2013-2017 American Community Survey 5-year estimates. Census block groups containing minority populations were identified and were found to be concentrated in the larger census defined urban areas, such as the New York-Newark urbanized area located from 25 to 50 miles south of IPEC. The nearest minority population is located about 1 mile north of IPEC in Peekskill, NY. Census block groups containing low-income populations were also concentrated in the census defined urbanized areas located 25 to 50 miles south of the site. The nearest low-income population is in Peekskill approximately 2 miles north of IPEC. HDI found that the locations and population characteristics of minority and low-income populations are similar to those evaluated by the NRC staff in the license renewal SEIS.

Because HDI determined in the PSDAR that decommissioning impacts to all resource areas would be SMALL (i.e., effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource), members of the public will not be substantially affected by decommissioning. Therefore, HDI reasoned that there can be no disproportionately high and adverse impacts on minority and low-income populations resulting from the decommissioning of IPEC.

Cultural, Historical, and Archaeological Resources Section 4.3.14 of the Decommissioning GEIS determined that potential effects of decommissioning on cultural, historical, and archaeological resources would be SMALL for all plants when the decommissioning activities are confined to the operational area.

However, impacts outside the operational area must be determined through site-specific analysis.

J. Fleming Section 5.1.14 of the PSDAR addresses cultural, historic, and archaeological resources.

This section explains that during its license renewal review, the NRC found no previously recorded archaeological or above-ground historic architectural resources identified on the IPEC property. In the SEIS, the NRC staff concluded that the power block area and other areas south and east of the power block have been disturbed during site preparation and construction and have little to no potential for archaeological resources.

The NRC staff also found a potential for portions of the property not disturbed by construction activities south of the power block area and in the northeast portion of the IPEC property to contain intact subsurface archaeological deposits.

In the PSDAR, HDI states that it anticipates decommissioning activities will take place within the IPEC operational and previously disturbed areas. In the event that ground disturbance is proposed in areas outside operational and previously disturbed areas, or historical or archaeological resources are encountered during excavation, HDI will perform assessments and consult with the New York State Historic Preservation Office (NYSHPO), as appropriate. On this basis, HDI concluded that the potential for impacts to cultural, historical, and archaeological resources is bounded by the Decommissioning GEIS and previous NRC assessments.

In its January 5, 2022, RAI, the NRC staff requested that HDI clarify whether it plans to determine, in consultation with the NYSHPO prior to dismantlement and demolition, the current eligibility status of IP1 and the balance of the IPEC facility itself for inclusion in the National Register of Historic Places (NRHP) or Historic American Engineering Record (HAER), and, if required, identify appropriate mitigation measures (e.g.,

preservation of historic information and data) potentially resulting from this consultation.

In its February 3, 2022, RAI response, HDI stated that IP1 has no historical significance because it was commercially in service for only a short time (August 1962 through October 1974). HDI further stated that it has no current plans to seek evaluations or determinations regarding the eligibility of IP1 or the balance of the IPEC facility for inclusion in the NRHP or HAER.

In its RAI response, HDI also addressed the environmental impacts of IP1 for the approximately 20 years that this unit was under the SAFSTOR decommissioning method. HDI explains that because all work associated with IP1 decommissioning during the period under which it was maintained in SAFSTOR was conducted within the operational area, the potential for impacts to cultural, historical, and archaeological resources are bounded by the Decommissioning GEIS and would be SMALL.

Other Environmental Resources For all generic issues, HDI provided adequate reasons in its PSDAR and in its February 3, 2022, RAI responses for reaching the conclusion that the environmental impacts of decommissioning IPEC are bounded by the Decommissioning GElS, by the SEIS, and by NUREG-1496, Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities (ADAMS Accession No. ML042310492).

Public Dose and Groundwater Quality

J. Fleming Section 5.1.8.2 of the PSDAR discusses the presence of radiologically contaminated groundwater at IPEC and states that monitored natural attenuation (MNA) has been the selected remedial action implemented as part of the long-term monitoring program (LTMP). In the PSDAR, HDI cites the groundwater quality impact analysis (Radionuclides Released to Groundwater) from the NRCs 2018 second supplement (Volume 5) to the final SEIS for the proposed renewal of the operating licenses for IP2 and IP3. However, in the 2018 supplement, the NRC staffs groundwater impact analysis and findings did not contemplate a scenario where accelerated decommissioning would be undertaken to allow for partial site release by 2033, as is now proposed by HDI. This led the staff to consider the following additional information.

The IPEC 2020 Annual Radioactive Effluent Release Report (ADAMS Accession No. ML21168A062), indicated that groundwater in several monitoring wells had elevated levels of tritium, cesium-137, strontium-90, and nickel-63. The PSDAR assumed that natural attenuation would reduce groundwater radiological concentrations to sufficiently low levels within 12 years, which is the timeline for accelerated decommissioning of the IPEC site with the goal of unrestricted release of all areas, except the ISFSI. The staff further observed that active remediation and possible expansion of characterization are not included as possible activities in the PSDAR, nor do the associated costs appear to be included in the cost estimate for site restoration. In the January 5, 2022, RAI, NRC staff requested that HDI provide a qualitative assessment that addresses the uncertainty of when the objectives of the MNA remedy for groundwater contamination will likely be achieved compared to the accelerated decommissioning timeline for meeting the NRCs unrestricted release criteria.

In its RAI response, HDI stated that the groundwater contamination plumes primarily associated with past releases from the IP1 and IP2 spent fuel pools (SFPs) have substantially attenuated over time, and that natural attenuation is expected to continue during the decommissioning process. HDI also stated that it is reasonable to estimate that groundwater impacts will attenuate sufficiently to support partial site release in accordance with the schedule presented in the PSDAR. Further, while HDI in its response stated that some uncertainty exists regarding the rate of MNA for the groundwater plumes due to the continued likely presence of residual radionuclides including tritium and strontium-90 in the unsaturated zone beneath the IP1 and IP2 SFPs, the dismantling and demolition of the SFPs will include removal of surrounding fill and soil contaminated at levels exceeding Derived Concentration Guideline Levels. HDI indicates that the remedial actions will likely reduce the source term in the groundwater, which is expected to result in enhanced attenuation.

HDI also noted that the nature and extent of IPEC groundwater contamination has been defined and that the ongoing LTMP is designed and implemented to detect changes in the plume extent, track plume attenuation throughout the plume area, and detect new releases should any occur. The LTMP would be adjusted as needed. HDI suggests that although active remediation is not expected to be needed, it would be considered should monitoring results indicate that MNA will be unsuccessful in achieving adequate remediation in a reasonable timeframe. Finally, HDI asserts in its response that sufficient funds exist (as presented in the PSDAR) for achieving remediation of the groundwater plume to support partial release.

Based on its review, the NRC staff finds that the HDI-submitted DECON PSDAR contains the information required by 10 CFR 50.82(a)(4)(i). As required by 10 CFR 50.82(a)(7), HDI must

J. Fleming notify the NRC in writing and send a copy to the State of New York before performing any decommissioning activity inconsistent with, or making any significant schedule change from, the planned decommissioning activities and schedules described in the PSDAR, including changes that significantly increase the decommissioning costs. In accordance with NRC regulations, HDI will be required verify that the decommissioning activities meet the requirements of 10 CFR 50.82(a)(6)(i) through 10 CFR 50.82(a)(6)(iii) or seek appropriate regulatory approval if needed.

The NRC will continue to conduct inspections at IPEC throughout decommissioning under NRC Inspection Manual Chapter 2561, Decommissioning Power Reactor Inspection Program, to ensure that decommissioning activities are performed safely and in compliance with the Commissions rules and regulations, and the conditions of the license.

In accordance with 10 CFR 2.390, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions regarding this letter, please contact me at 301-415-3808 or by e-mail at Zahira.CruzPerez@nrc.gov.

Sincerely, Zahira L. Cruz Perez, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos.50-003, 50-247, 50-286, and 72-051 cc: Indian Point Listserv Signed by Cruz-Perez, Zahira on 05/02/22

Ltr ML22082A220 OFFICE NMSS/

NMSS/DUWP/RDB NMSS/REFS/FAB NMSS/DUWP/RDB NAME CDennes ZCruz-Perez FMiller TSmith DATE Mar 23, 2022 Mar 23, 2022 Mar 29, 2022 Mar 25, 2022 OFFICE NMSS/DUWP/RDB OGC/GCHA/AGCOR

/NLO NMSS/DUWP/RDB NAME BWatson STurk ZCruz-Perez DATE Mar 24, 2022 Apr 29, 2022 May 2, 2022