ML23142A169

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Notification to Fema_Implementation of Approved Exemptions from Off-Site Emergency Planning Requirements for Indian Point Nuclear Generating Units 1, 2, and 3
ML23142A169
Person / Time
Issue date: 12/11/2023
From: Kathryn Brock
NRC/NSIR/DPR
To: Gudinas D
Federal Emergency Management Agency
References
Download: ML23142A169 (3)


Text

December 11, 2023 David Gudinas, Director Office of National Exercises &

Technological Hazards National Preparedness Directorate Federal Emergency Management Agency 400 C Street, SW Washington, DC 20024

SUBJECT:

NOTIFICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY OF THE IMPLEMENTATION OF APPROVED EXEMPTIONS FROM OFF-SITE EMERGENCY PLANNING REQUIREMENTS FOR THE INDIAN POINT NUCLEAR GENERATING UNIT NOS. 1, 2, AND 3

Dear Mr. Gudinas:

This is to notify you that on December 6, 2023, the Indian Point Nuclear Generating Unit Nos. 1, 2, and 3 (IPEC) implemented specific exemptions from emergency planning and preparedness (EP) requirements in Title 10 of the Code of Federal Regulations (10 CFR)

Section 50.47, Emergency plans, and Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, to 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, (Agencywide Documents Access and Management System Accession No. ML23341A200). The exemptions were authorized by the U.S. Nuclear Regulatory Commission (NRC) on November 1, 2023 (ML23063A141), based on our analysis of an exemption application from Holtec Decommissioning International, LLC (HDI, the licensee), on behalf of Holtec Indian Point 2, LLC and Holtec Indian Point 3, LLC. Upon implementation of these exemptions, HDIs EP program at IPEC will consist of performing licensee on-site emergency response activities, such as exercises, notifying off-site authorities in the event of an emergency classification, and maintaining arrangements for only off-site response organizations (OROs) that may respond to on-site emergencies (e.g., law enforcement, fire and medical services). IPEC will continue to offer OROs with responsibilities under the licensees emergency plan the opportunity to participate in on-site exercises.

The NRC-authorized exemptions were effective on November 1, 2023. This date is greater than the calculated time of approximately 15 months after permanent cessation of power operations at IPEC Units 2 and 3 and related to the time needed for the radionuclides in the spent fuel of the spent fuel pool (SFP) to decay such that: (1) an offsite radiological release will not exceed the limits of the U.S. Environmental Protection Agencys early phase protective action guide of one roentgen equivalent man at the sites exclusion area boundary for remaining applicable design basis accidents (DBAs); and (2) in the highly unlikely event of a beyond-DBA resulting in a loss of all SFP cooling, there would be sufficient time to initiate appropriate SFP mitigating actions. IPEC Unit 1 permanently ceased operations on October 31, 1974, and all fuel was removed from the IPEC Unit 1 reactor vessel by January 1976 (ML090790148). By letters dated

D. Gudinas 2 May 12, 2020, and May 11, 2021 (ML20133J902 and ML21131A157, respectively), Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC (the IPEC licensees at that time, collectively referred to as Entergy) certified to the NRC that the fuel had been permanently removed from the IPEC Units 2 and 3 reactor vessels and placed in their respective spent fuel pool (SFP). The NRC docketed Entergys certification that all fuel has been permanently removed from the IPEC reactor vessel and placed into the IPEC SFPs, pursuant to 10 CFR 50.82(a)(2); therefore, the 10 CFR Part 50 license for IPEC no longer authorizes operation of the reactor or emplacement or retention of fuel in the reactor vessel.

By letter dated February 15, 2023 (ML23046A102), HDI notified the NRC that as of February 1, 2023, all Indian Point Unit 2 (IP2) spent nuclear fuel assemblies have been transferred out of the IP2 spent fuel pit and have been placed in dry storage within the Independent Spent Fuel Storage Installation (ISFSI).

By letter dated October 16, 2023 (ML23289A158), HDI notified the NRC that as of October 16, 2023, all Indian Point Unit 3 (IP3) spent nuclear fuel assemblies have been transferred out of the IP3 spent fuel pit and have been placed in dry storage within the ISFSI.

The NRC no longer requires the Federal Emergency Management Agency (FEMA) to monitor, review, or report on off-site radiological EP activities at the IPEC site in accordance with the Memorandum of Understanding between FEMA and the NRC, dated December 7, 2015 (ADAMS Accession No. ML15344A371). As such, we request that FEMA provide a formal notice to the State of New York and local governments within the designated plume exposure pathway and ingestion pathway EP zones that the off-site radiological emergency plans, under Title 44, Emergency Management and Assistance, of the CFR, Part 350, Review and Approval of State and Local Radiological Emergency Plans and Preparedness, will no longer be required for the IPEC site.

Should you need more information or support in interfacing with the State of New York on this matter, please contact Nicholas Difrancesco of my staff at (301) 415-1115.

Sincerely, Signed by Brock, Kathryn on 12/11/23 Kathryn M. Brock, Director Division of Preparedness and Response Office of Nuclear Security and Incident Response cc: Thomas Warnock, FEMA C. Fiore, FEMA J. Weil, OCA D. McIntyre, OPA D. Tifft, Region I

Ltr ML23142A169 OFFICE NSIR/DPR/RLB NSIR/DPR/RLB OGC/NLO NSIR/DPR/RLB NAME JArce JA JQuichocho JQ CKreuzberger CK MNorris MN DATE Oct 6, 2023 Oct 6, 2023 Oct 6, 2023 Dec 11, 2023 OFFICE NSIR/DPR NAME KBrock KB DATE Dec 11, 2023