ML23060A477
| ML23060A477 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 03/01/2023 |
| From: | Brooke Clark NRC/SECY |
| To: | Beyond Nuclear, Don't Waste Michigan |
| References | |
| Download: ML23060A477 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of HOLTEC PALISADES, LLC, and HOLTEC Docket No. 50-255 DECOMMISSIONING INTERNATIONAL, LLC (Palisades Nuclear Plant)
ORDER The Nuclear Regulatory Commission has received a Petition for Declaratory Order filed by Beyond Nuclear and Dont Waste Michigan (Petitioners).1 The Petitioners request that the Commission exercise its supervisory authority to issue a declaratory order, pursuant to the Administrative Procedure Act (APA),2 that would reverse an exemption previously issued to Entergy Nuclear Operations, Inc. (former licensee of the Palisades Nuclear Plant) concerning certain NRC record retention requirements.3 The Petitioners contend that the basis for the exemption is no longer supported due to the possibility that Holtec International (current licensee and party to an ongoing license transfer proceeding)4 may seek to restart Palisades.
1 Petition for Declaratory Order and Exhibits (Feb. 2, 2023) (ADAMS accession no.
ML23052A209) (Petition).
2 5 U.S.C. § 554(e).
3 Petition at 2, 13-14.
4 Entergy Nuclear Operations, Inc. (Palisades Nuclear Plant and Big Rock Point Site), Docket Nos. 50-255-LT-2, 50-155-LT-2, 72-007-LT, 72-043-LT-2; see also Notification (June 29, 2022)
(ML22180A201) (reflecting transfer of Palisades operating license to Holtec).
The Petition is characterized as a request for a declaratory order to terminate a controversy or remove uncertainty concerning the restart of Palisades, which is a matter not currently before the NRC. The Commission generally disfavors the issuance of advisory opinions in the absence of a concrete dispute.5 Further, the relief requested by the Petitioners includes revocation of a previously granted exemption and an order directing the licensee to perform certain actions, including retrospective construction of any records that would have been generated and maintained during the time the exemption was in effect.6 This request goes beyond the type of relief contemplated by the declaratory order provision of the APA.7 For these reasons, the Petitioners request for a Commission declaratory order is denied. However, I refer the information in the Petition to the Office of the Executive Director for Operations for further consideration, as appropriate.
5 See, e.g., Exelon Generation Co., LLC (Dresden Nuclear Power Station, Units 2 and 3),
CLI-16-6, 83 NRC 147, 156-57 (2016); U.S. Department of Energy (High-Level Waste Repository), CLI-08-21, 68 NRC 351, 353 (2008).
6 Petition at 14.
7 See, e.g., Admin. Conf. of the U.S., Recommendation 2015-3, Declaratory Orders, 80 Fed.
Reg. 78,161, 78,163 (Dec. 16, 2015) (a declaratory order issued pursuant to 5 U.S.C. § 554(e) provides an advice-giving function that is legally binding upon the agency and a named party but is non-coercive).
This order is issued pursuant to my authority in 10 C.F.R. § 2.346(j).
For the Commission Brooke P. Digitally signed by Brooke P. Clark Clark Date: 2023.03.01 11:46:57 -05'00' Brooke P. Clark Secretary of the Commission Dated at Rockville, Maryland, this 1st day of March 2023.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
HOLTEC PALISADES, LLC, and ) Docket No. 50-255 HOLTEC DECOMMISSIONING )
INTERNATIONAL, LLC )
)
(Palisades Nuclear Plant) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the ORDER (Denying Petition for Declaratory Order) have been served upon the following persons by electronic mail.
U.S. Nuclear Regulatory Commission Terry J. Lodge Office of Commission Appellate Adjudication 316 N. Michigan St., Suite 520 Mail Stop: O-16B33 Toledo, OH 43604 Washington, DC 20555-0001 E-mail: tjlodge50@yahoo.com E-mail: ocaamail@nrc.gov Wallace L. Taylor U.S. Nuclear Regulatory Commission 4403 1st Ave. N.E., Suite 502 Office of the Secretary of the Commission Cedar Rapids, IA 52402 Mail Stop: O-16B33 E-mail: wtaylorlaw@aol.com Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the Executive Director for Operations Mail Stop: O-16C32 Washington, DC 20555-0001 E-mail: RidsEdoMailCenter.Resource@nrc.gov Digitally signed by Clara Clara I. Sola I. Sola Date: 2023.03.01 11:52:13 -05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland this 1st day of March 2023