ML23100A125

Letter and Enclosure 1 - Issuance Indian Point Energy Center Units 1, 2, and 3 Exemption for Offsite Primary and Secondary Liability Insurance Indemnity Agreement

ML23100A125
Person / Time
Site:	Indian Point
Issue date:	11/17/2023
From:	Sturzebecher K Reactor Decommissioning Branch
To:	Fleming J Holtec
Sturzebecher K
Shared Package
ML23100A124	List: ML23100A125 ML23100A126
References
EPID L-2022-LLE-0012
Download: ML23100A125 (7)

Text

November 16, 2023 Jean A. Fleming Vice President, Licensing, Regulatory Affairs, and PSA Holtec International, LLC Krishna P. Singh Technology Campus 1 Holtec Boulevard Camden, NJ 08104

SUBJECT:

INDIAN POINT ENERGY CENTER GENERATING UNITS 1, 2, AND 3 -

EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 140.11(a)(4)

CONCERNING OFFSITE PRIMARY AND SECONDARY LIABILITY INSURANCE AND AMENDMENT NO. 27 TO INDEMNITY AGREEMENT NO. B-19 (EPID L-2022-LLE-0012)

Dear Jean Fleming:

The U.S. Nuclear Regulatory Commission (NRC) has approved the enclosed exemption from the requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 140.11(a)(4),

Amounts of financial protection for certain reactors, concerning offsite primary and secondary liability insurance for the Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, collectively referred to as the Indian Point Energy Center (IPEC). The exemption was submitted by Holtec Decommissioning International, LLC (HDI), on behalf of Holtec Indian Point 2, LLC (Indian Point Nuclear Generating Unit Nos. 1 and 2) and Holtec Indian Point 3, LLC (Indian Point Nuclear Generating Unit No. 3).

This action is in response to the application dated March 25, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22084A103), requesting an exemption to reduce the required level of primary offsite liability insurance from $450 million to

$100 million and to eliminate the requirement to carry secondary financial protection for IPEC.

This exemption is effective as of November 16, 2023. These reductions are a standard action for decommissioning nuclear power reactors and reflect the reduced risk of radiological accidents and associated consequences once the facility has permanently ceased operation.

Additionally, the risk of radiological accidents is sufficiently low 15 months after the IPEC reactors have been permanently shutdown, which is part of the basis for approval of the current exemption related to offsite primary and secondary liability insurance for IPEC. to this letter contains a copy of the exemption. The exemption has been forwarded to the Office of the Federal Register for publication. contains a digitally signed copy of Amendment No. 27 to Indemnity Agreement No. B-19 for HDI, Holtec Indian Point 2, LLC, and Holtec Indian Point 3, LLCs signatures. We request that a representative of HDI, Holtec Indian Point 2, LLC, and Holtec Indian Point 3, LLC sign the amendment and keep one copy for your records. Please return one copy including all

J. Fleming signatures to NRCs Document Control Desk as proof of acceptance of the amended indemnity agreement.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, of the NRCs 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 website at https://www.nrc.gov/reading-rm/adams.html.

If you have any questions concerning the above, please contact me at 301-415-8534 or via email to Karl.Sturzebecher@nrc.gov.

Sincerely,

/RA/

Karl J. Sturzebecher, 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 73-051 Provisional License No. DPR-5 Renewed Facility License Nos. DPR-26 and DPR-64

Enclosures:

1. Amendment No. 27 to Indemnity Agreement No. B-19

2. Exemption cc w/enclosures: Indian Point ListServ

ENCLOSURE 1 AMENDMENT NO. 27 TO INDEMNITY AGREEMENT NO. B-19 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, HOLTEC INDIAN POINT 2, LLC, AND HOLTEC INDIAN POINT 3, LLC INDIAN POINT ENERGY CENTER DOCKET NOS.50-003, 50-247, 50-286, and 72-051

Docket Nos.50-003 50-247 50-286 72-051 AMENDMENT TO INDEMNITY AGREEMENT NO. B-19 AMENDMENT NO. 27 Effective ____________, 2023, Indemnity Agreement No. B-19 between Holtec Decommissioning International, LLC, Holtec Indian Point 2, LLC, Holtec Indian Point 3, LLC, and the United States Nuclear Regulatory Commission, dated January 12, 1962, as amended, is hereby further amended as follows:

Article VIII of the Indemnity Agreement is deleted in its entirety wherever it appears in the Indemnity Agreement, and is substituted therein by the requirements of the exemption permitting a reduction in primary financial protection from $450,000,000 to $100,000,000, and withdrawal from participation in the secondary layer of financial protection.

Item 2a of the Attachment to the Indemnity Agreement is deleted in its entirety and the following substituted therefor:

Item 2 - Amount of financial protection

a. $100,000,000 (From 12:01 a.m., _______________, 2023)

In light of the above, Indemnity Agreement No. B-19 is between Holtec Decommissioning International, LLC, Holtec Indian Point 2, LLC, Holtec Indian Point 3, LLC, and the United States Nuclear Regulatory Commission.

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Kenneth M. Kline, Acting Chief Financial Assessment Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards

Accepted ____________________, 2023 By __________________________________

Holtec Decommissioning International, LLC Accepted ____________________, 2023 By __________________________________

Holtec Indian Point 2, LLC Accepted ____________________, 2023 By __________________________________

Holtec Indian Point 3, LLC

ENCLOSURE 2 EXEMPTION HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, HOLTEC INDIAN POINT 2, LLC, AND HOLTEC INDIAN POINT 3, LLC INDIAN POINT ENERGY CENTER DOCKET NOS.50-003, 50-247, 50-286, AND 72-051

ML23100A124; Ltr ML23100A125

• via email OFFICE NMSS/DWUP/RDB NMSS/REFS/FAB NMSS/REFS/FAB NMSS/DUWP/RDB*

NAME KSturzebecher KS RTurtil RT FMiller FM SAnderson SA DATE Apr 10, 2023 Apr 27, 2023 Apr 27, 2023 Nov 8, 2023 OFFICE NMSS/DUWP NMSS/REFS/FAB FMiller NAME JMarshall JM KKline for KK DATE Nov 14, 2023 Nov 16, 2023