ML22336A142

NRC Response to NYSERDA Comments on EP Exemption

ML22336A142
Person / Time
Site:	Indian Point
Issue date:	03/03/2023
From:	Sturzebecher K Division of Decommissioning, Uranium Recovery and Waste Programs
To:	Peterson A State of NY, Energy Research & Development Authority
Sturzebecher K
References
ML21356B704, ML21356B693, ML22332A048
Download: ML22336A142 (2)

Text

March 3, 2023

Alyse Peterson Senior Advisor for New York State Energy Research and Development Authority 17 Columbia Circle Albany, NY 12203-6399

Dear Senior Advisor Peterson:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated November 22, 2022 (Agencywide Documents Access and Manage ment System (ADAMS) Accession No. ML22332A048). In the letter, you raise various concerns regarding the submittals by Holtec Decommissioning International, LLC (HDI) f or Indian Point Nuclear Generating Units 1, 2, and 3 (Indian Point), including a reques t for exemptions from certain emergency planning requirements ( ML21356B693) and a license amendment request (LAR) revising the Emergency Plan and Emergency Action Level (EAL) sc heme for the permanently shutdown and defueled condition ( ML21356B704). The NRC is currently reviewing HDIs submittals. Consistent with NRCs general practices, the NRC wi ll consider the information NYSERDA provided, as appropriate, as part of the review of HDI s submittals.

In your letter you requested that the NRC conduct a public stat ement hearing regarding HDIs requests. The NRC has a long-standing practice of carrying out its mission in an open and transparent manner to keep the public informed of, and seek inp ut on, the agencys regulatory, licensing, and oversight activities. For licensing actions, we have a defined process for comments and opportunity for a hearing which is published in th e Federal Register (FR). For example, HDIs LAR submission regarding requested changes to th e Emergency Plan and EAL scheme was noticed in the FR on January 25, 2022. In that notic e, the NRC requested comments on the proposed no significant hazards consideration determination and offered interested persons an opportunity to request a hearing on the a mendment. (See 87 FR 3844).

The NRC also values other mechanisms to engage the public, incl uding interactions afforded at public meetings. The NRC appreciated the opportunity to facilit ate additional dialogue regarding decommissioning in general, and decommissioning issues at India n Point more specifically, by presenting information and responding to questions at the Decem ber Decommissioning Oversight Board meeting. Addit ionally, the NRC-hosted public me eting held on November 30, 2022, regarding the decommissioning of Indian Poin t, provided further opportunities for the NRC to speak to security and emergency pl anning issues and how they are managed during decommissioning. The video and recording of that public meeting are available https://www.nrc.gov/pmns/mtg?do=details&Code=20221183 and will hopefully continue to be a resource for those interested in these issues in the future. Wh ile additional meetings are not currently planned, the NRC staff remains open to opportunities to engage with members of the public, and we look forward to a continuing dialogue in this re gard.

Finally, your letter also references comments New York submitte d on the proposed rulemaking proceeding entitled Regulatory Impr ovements for Production and Utilization Facilities A. Peterson

Transitioning to Decommissioning (NRC-2015-0700). The NRC appr eciates New York submitting comments on the proposed rule. The comment period fo r the proposed rule closed on August 30, 2022, and the NRC is c urrently considering the co mments in preparation for the final rule.

In accordance with Title 10 of the Code of Federal Regulations 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the P ublicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC webs ite at https://www.nrc.gov/reading-rm/adams.html.

If you have any questions, please call me at (301) 415-8534, or via email to Karl.Sturzebecher@nrc.gov.

Sincerely,

/RA/

Karl J. Sturzebecher, Project Manager, Reactor Decommission Branch Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards

cc: NRC Chair Indian Point ListServ