ML23248A232

GE Hitachi Nuclear Energy - Supplemental Information - Proposed Conforming Amendments & License Conditions

ML23248A232
Person / Time
Site:	Vallecitos Nuclear Center, 07000754, Vallecitos
Issue date:	09/05/2023
From:	Murray S GE-Hitachi Nuclear Energy Americas
To:	Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk
References
M230124
Download: ML23248A232 (1)

Text

GE Hitachi Nuclear Energy

• HITACHI Scott P. Murray Manager, Facility Licensing 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402 USA September 5, 2023 T (9 10) 819-5950 scott.murray@ge.com M230124 Via Electronic Information Exchange ATTN: Document Control Desk 10 CFR 50.80 U.S. Nuclear Regulatory Commission 10 CFR 50.90 One White Flint North 10 CFR 70.34 11555 Rockville Pike 10 CFR 70.36 Rockville, MD 20852 Nuclear Test Reactor (NTR)

License No. R-33 NRC Docket No. 50-73 Vallecitos Boiling Water Reactor (VBWR)

License No. DPR-1 NRC Docket No. 50-18 ESADA Vallecitos Experimental Superheat Reactor (EVESR)

License No. DR-10 NRC Docket No. 50-183 General Electric Test Reactor (GETR)

License No. TR-1 NRC Docket No. 50-70 Vallecitos Nuclear Center License No. SNM-960 NRC Docket No.70-754

Subject:

Supplemental Information - Proposed Conforming Amendments & License Conditions

Reference:

1) Application for Consent to Direct Transfers of Control of Licenses and Related Conforming License Amendments, September 1, 2023 (ML23244A246, ML23244A247)

On September 1, 2023, GE-Hitachi Nuclear Energy Americas, LLC ("GEHA") and NorthStar Vallecitos, LLC ("NorthStar Vallecitos") (together, "Applicants") submitted a request for the direct transfers of control of GEHA's Vallecitos Nuclear Center (VNC) NRC licenses in Sunol, CA.

M230124 U.S. NRC September 05, 2023 Page 2 of 2 Exhibit L-2 with the proposed conforming amendments and license conditions for each license was omitted in that submittal and is provided as Attachment 1 to this letter.

Please contact me if you have any questions regarding this information.

Sincerely, if!?:Mr!JzY-Facility Licensing : Exhibit L Conforming Amendments and License Conditions Clean Cc:

Administrator, USNRC Region IV Director, Office of Nuclear Materials Safety and Safeguards Director, Office of Nuclear Reactor Regulations Executive Director for Operations Radioactive Materials Licensing Section, Radiologic Health Branch, California Department of Public Health

EXHIBIT L-2 CONFORMING AMENDMENTS AND LICENSE CONDITIONS CLEAN Exhibit L-2

UNJifEO STATE$

NIUCLEAR R.E*G ULATORY COMIMISSIO IN WII.SHINGrTO~ DC 2US55

• Oflfl1 DOCKET NO. 50-18 NORTHSTAR VALLECITOS, LLC FACILITY LICENSE FOR THE VALLECITOS BOILING WATER REACTOR License No. DPR-1 Amendment No. 22 This License is amended to read as follows:

1. This License applies to the nuclear reactor designated by Northstar Vallecitos, LLC as the "Vallecitos Boiling Water Reactor" (hereinafter referred to as "the facility") which is owned by Northstar Vallecitos , LLC and located in its Vallecitos Atomic Laboratory at Alameda County, California, and for which Construction Permit No. CPPR-3 was issued by the Commission on May 14, 1956.

2. The Commission has found that:

a. The application for amendment complies with the requirements of the Atomic Energy Act of 1954, as amended, and the Commission's regulations set forth in Title 10, Chapter 1, CFR;

b. The issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public;

c. Prior public notice of proposed issuance of this amendment is not required since the amendment does not involve significant hazards considerations different from those previously evaluated; and

d. There is reasonable assurance that the reactor can be possessed at the designated location without endangering the health and safety of the public.

3. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Northstar Vallecitos, LLC:

a. Pursuant to Section 104b of the Act and Title 10, CFR, Chapter 1, Part 50, "Licensing of Production and Utilization Facilities," to possess, but not to operate, the facility in the condition described in the Final Report on Deactivation of Vallecitos Boiling Water Reactor dated February 5, 1965.

b. Pursuant to the Act and Title 10, CFR, Chapter 1, Part 30, "Licensing of Byproduct Material," to possess, but not to separate, such byproduct material as may be contained in the structural parts of the facility.

4. Pursuant to the Act and Title 10, CFR, Chapter 1, Part 20, "Standards for Protection Against Radiation," Northstar Vallecitos, LLC is exempted from the requirements of Section 20.203 (C) (2) for a visible or audible control device in high radiation areas of the VBWR provided that an audible control device is maintained on the doors to the containment building.

5. This License shall be deemed to contain and be subject to all applicable provisions of the Act and rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

a. Northstar Vallecitos, LLC shall not reactivate the facility without prior approval of the Commission.

b. Northstar Vallecitos, LLC shall not dispose of the facility or the property occupied by the facility without prior approval of the Commission, except that Northstar Vallecitos, LLC may dispose of any component parts or devices from the VBWR facility in accordance with the provisions of 10 CFR Part 20.

c. Records In addition to those required by applicable AEC regulations, including section 20.401 of 10 CFR 20, Northstar Vallecitos, LLC shall keep the following records:

(1) Records of annual inspections of the deactivated facility, including the results of surveys of radioactivity levels.

(2) Records showing radioactivity released or discharged into the air or water beyond the effective control of Northstar Vallecitos, LLC as measured at the point of such release or discharge.

d. Reports In addition to those required by applicable AEC regulations, Northstar Vallecitos, LLC shall submit the following reports:

(1) A report of any indication or occurrence of a possible unsafe condition relating to the facility or to the public. For each occurrence, Northstar Vallecitos, LLC shall promptly notify by telephone or telegraph the Director of the appropriate AEC Regional Compliance Office listed in appendix D of 10 CFR 20 and shall submit within 10 days a report in writing to the Director, Division of Reactor Licensing, with a copy to the Regional Compliance Office.

(2) A report of the status of the deactivated facility, including the results of the surveys of radioactivity levels shall be submitted annually. The report shall be submitted no later than 180 days after each annual Inspection is completed.

e. Northstar Vallecitos, LLC, as stated in the application dated September 1, 2023, will abide by all commitments and representations previously made by GE-Hitachi Nuclear Energy Americas, LLC with respect to the license. These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facility.

f. The Manager of the Vallecitos Nuclear Center, the Vice-President, Reactor Facility Safety and Security of Northstar Vallecitos, LLC, and the Manager of Northstar Vallecitos, LLC, shall be US citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities of Northstar Vallecitos, LLC, with respect to this License, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security.

g. The commitments/representations made in the application dated January 19, 2007, and supplemented on January 25, 2007, February 23, 2007, March 2, 2007, March 26, 2007, May 16, 2007, May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Federal and State Materials and Environmental Management Programs, or designee.

h. Northstar Vallecitos, LLC shall cause to be transmitted to the Director, Office of Federal and State Materials and Environmental Management Programs within 30 days of filing with the U.S. Securities Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that discloses beneficial ownership of a registered class of any of its publicly traded parent companies' stock.

i. Prior to completion of transfer of the license, Northstar Vallecitos, LLC shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence of a parent company guarantee or another method authorized by and meeting the requirements of 10 CFR 50.75 for decommissioning funding assurance for the VBWR.

6. This License is effective as of its date of issuance and shall expire on May 14, 1996. 1 1

In a letter from Michael T. Masnik (NRC) to G. L. Stimmel (GE VNC Site Manager) dated November 3, 1997, the NRC quoted 10 CFR 50.51 (b), stating that "Each License for a facility that has permanently ceased operations, continues in effect beyond the expiration date to authorize ownership and possession of the production or utilization facility, until the Commission notifies the licensee in writing that the License is terminated." They further stated that "your decommissioning schedule will determine the expiration date for your [possess only reactor] Licenses."

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , DC 20555 - 0001 DOCKET NO. 50-183 NORTHSTAR VALLECITOS, LLC FACILITY LICENSE FOR ESADA EXPERIMENTAL V ALLECITOS SUPERHEAT REACTOR License DR-10 Amendment No. 7 This License is amended as follows :

1. This License applies to the heterogeneous, light water moderated, steam cooled, superheat reactor owned by NorthStar Vallecitos, LLC and designed as the ESADA Vallecitos Experimental Superheat Reactor (hereinafter "EVESR"). The facility is located at NorthStar Vallecitos, LLC 's Vallecitos Nuclear Center, Alameda County, California, and is described in the application dated October 5, 1962, and amendments thereto including Amendment No. 14 dated October 12, 1967, Amendment No. 15 dated December 20, 1967, Modification No. 1 to Amendment No. 15 dated March 20, 1968, Amendment No. 16 dated October 16, 1969, and Modification No. 1 to Amendment No.16 dated March 9, 1970 (hereinafter "the application").

2. Subject to the conditions and requirements incorporated herein, The Commission hereby licenses NorthStar Vallecitos, LLC:

A. Pursuant to section 104b of the Act and 10 CFR Part 50, to possess, but not to operate, the reactor as a utilization facility, as described in the application.

B. Pursuant to the Act and 10 CFR Part 30, to possess, but not to separate, such byproduct material as may be contained in the component parts of the facility.

3. This License shall be deemed to contain and be subject to the conditions specified in Part 20, Section 30.34 of Part 30, and Sections 50.54 and 50.59 of Part 50, Title 10, Chapter 1, CFR, and to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect, and to the additional conditions specified below:

A. NorthStar Vallecitos, LLC shall not reactivate the facility nor use the reactor pressure vessel or any system which is open to the reactor pressure vessel without prior approval of the Commission.

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 4, are hereby incorporated in the License. The licensee shall operate the facility in accordance with the Technical Specifications. No changes shall be made in the Technical Specifications, except as otherwise permitted by this License, the Act, and the Commission's rules and regulations.

C. NorthStar Vallecitos, LLC shall not dispose of the facility or the property occupied by the facility without prior approval of the Commission, except that NorthStar Vallecitos, LLC may dispose of component parts or devices from the EVESR facility in accordance with the provisions of 10 CFR Part 20 D. Records In addition to the records heretofore required under this License and by applicable AEC regulations, including section 20.401 of 10 CFR Part 20, NorthStar Vallecitos, LLC shall keep the following :

1. Records of inspections of the deactivated facility, including the results of surveys of radioactivity levels.

2. Records showing radioactivity released or discharged into the air or water beyond the effective control ofNorthStar Vallecitos, LLC as measured at the point of such release or discharge.

E. Reports In addition to those reports required by applicable AEC regulations, NorthStar Vallecitos, LLC shall submit the following:

1. A report of any indication or occurrence of a possible unsafe condition relating to the facility or to the public. For each occurrence, NorthStar Vallecitos, LLC shall promptly notify by telephone or telegraph the Director of the appropriate AEC Regional Compliance Office listed in Appendix D of 10 CFR Part 20. And shall submit within 10 days a report in writing to the Director, Division of Reactor Licensing, with a copy to the Regional Compliance Office.

2. An annual report of the status of the deactivated facility including the results of the surveys of radioactivity levels shall be submitted to the Commission. The average interval between annual reports shall be one year and may extend, on occasion, up to 15 months for a valid reason.

F. NorthStar Vallecitos, LLC, as stated in the application dated September 1, 2023 ,

will abide by all commitments and representations previously made by GE-Hitachi Nuclear Energy Americas, LLC with respect to the license. These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facility.

G. The Manager of the Vallecitos Nuclear Center, the Vice-President. Reactor Facility Safety and Security ofNorthStar Vallecitos, LLC, and the Manager of NorthStar Vallecitos, LLC , shall be US citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities ofNorthStar Vallecitos, LLC, with respect to this License, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security.

H. The commitments/representations made in the General Electric Company's (GE' s) application dated January 19, 2007, and supplemented on January 25 ,

2007, February 23, 2007, March 2, 2007, March 26, 2007, May 16, 2007, May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Federal and State Materials and Environmental Management Programs, or designee.

I. NorthStar Vallecitos, LLC, shall cause to be transmitted to the Director, Office of Federal and State Materials and Environmental Management Programs within 30 days of filing with the U.S . Securities Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that discloses beneficial ownership of a registered class of any of its publicly traded parent companies' stock.

J. Prior to completion of transfer of the license, NorthStar Vallecitos, LLC, shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence of a parent company guarantee or another method authorized by and meeting the requirements of 10 CFR 50.75 for decommissioning funding assurance for the EVESR .

This License, as amended, is effective as of the date of issuance and shall expire at midnight, January 26, 2016 FOR THE ATOMIC ENERGY COMMISSION RIA Peter A. Morris, Director Division of Reactor Licensing Date oflssuance: June 17 1968 authority to maintain the facility in a safe and secure condition at all times. The facility manager shall have extensive reactor knowledge and shall utilize the resources of other licensee personnel as necessary to provide an effective safety program.

2. Review and Audit (a) Written procedures for control of access to the plant area, use of the plant area facilities and equipment and for periodic inspection of the facility shall be established and approved by the manager to whom the facility supervisor reports.

(b) Written procedures specified in 2.(a) above shall be reviewed by technically qualified personnel responsible to a management position other than the facility supervisor (the Nuclear Safety group) in accordance with a written charter for that function.

(c) The Nuclear Safety group shall periodically audit activities conducted in the plant area to verify that effective radiological control practices are maintained.

C. HEALTH AND SAFETY A. Radiation Monitoring Radiation monitoring instruments shall be available as appropriate to prevent exposure of personnel to radiation in accordance with the standards Appendix A Page 2

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , DC 20555 - 0001 DOCKET NO. 50-70 NORTHSTAR VALLECITOS, LLC FACILITY LICENSE FOR GENERAL ELECTRIC TEST REACTOR License No. TR-1 Amendment No. 18 This License is amended as follows:

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for renewal of facility License No. TR-1 filed by the General Electric Company* dated July 9, 1990, as supplemented on December 17, 1990, and August 7, 1992, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations as set forth in 10 CFR Chapter I; B. Construction of the facility was completed in substantial conformity with Construction Permit No. CPTR TR-2 dated January 7, 1959, the provisions of the Act, and the regulations of the Commission; C. The facility will be maintained in conformity with the application, the provisions of the Act, and the regulations of the Commission; D. There is reasonable assurance; (i) that the activities authorized by this License can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; E. The licensee is technically and financially qualified to engage in the activities authorized by this License in accordance with the regulations of the Commission; F. The licensee has satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; G. The issuance of this License will not be inimical to the common defense and security or to the health and safety of the public;

• This License was transferred from GE-Hitachi Nuclear Energy Americas LLC to NorthStar Vallecitos, LLC, in accordance with the Order for this Amendment.

H. The issuance of this License is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I. The possession of the byproduct materials as authorized by this License will be in accordance with the Commission's regulations in 10 CFR Part 30, including Section 30.33.

2. Accordingly, Facility License No. TR-1 is hereby amended to read as follows:

A. This amended License applies to the nuclear test reactor (hereinafter the reactor) which is owned by NorthStar Vallecitos, LLC, and located at the Vallecitos Nuclear Center in Alameda County, California, as described in the application for License renewal dated July 9, 1990, as supplemented on December 17, 1990, and August 7, 1992.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses NorthStar Vallecitos, LLC:

(1) Pursuant to Section 104c of the Act and 10 CFR Part 50, "Domestic Licensing of Production and Utilization Facilities," to possess, but not operate, the reactor at the designated location at the Vallecitos Nuclear Center, in accordance with the procedures and limitations described in the application and in this License.

(2) Pursuant to the Act and 10 CFR Part 30, "Rules of General Applicability to Domestic Licensing of Byproduct Material," to possess, but not to separate, such byproduct material as may have been produced by operation of the reactor.

C. This License shall be deemed to contain and is subject to the conditions specified in Parts 20, 30, 50 and 51 of 10 CFR Chapter 1, to all applicable provisions of the Act, and to the rules, regulations and orders of the Commission now or hereafter in effect and to the additional conditions specified below:

( 1) Operation The licensee shall not operate the reactor nor install fuel or fueled experiments within the reactor core or core area.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 17, are hereby incorporated in the License. The licensee shall possess and maintain the facility in accordance with the Technical Specifications.

(3) NorthStar Vallecitos, LLC, as stated in the application dated September 1, 2023 , will abide by all commitments and representations previously made by GE-Hitachi Nuclear Energy Americas LLC with respect to the license.

These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facility.

(4) The Manager of the Vallecitos Nuclear Center, the Vice-President, Reactor Facility Safety and Security ofNorthStar Vallecitos, LLC, and the Manager ofNorthStar Vallecitos, LLC, shall be US citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities ofNorthStar Vallecitos, LLC, with respect to this License, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security.

( 5) The commitments/representations made in the General Electric Company' s (GE ' s) application dated January 19, 2007, and supplemented on January 25, 2007, February 23 , 2007, March 2, 2007, March 26, 2007, May 16, 2007, May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Federal and State Materials and Environmental Management Programs, or designee.

(6) NorthStar Vallecitos, LLC, shall cause to be transmitted to the Director, Office of Federal and State Materials and Environmental Management Programs within 30 days of filing with the U.S. Securities Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that discloses beneficial ownership of a registered class of any of its publicly traded parent companies' stock.

(7) Prior to completion of transfer of the license, NorthStar Vallecitos, LLC, shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence of a parent company guarantee or another method authorized by and meeting the requirements of 10 CFR 50.75 for decommissioning funding assurance for the GETR.

3. This License amendment is effective as of its date of issuance and shall expire at midnight, January 26, 2016.

FOR THE NUCLEAR REGULATORY COMMISSION RIA Bruce A. Boger, Director Division of Reactor P:rojects - III/IVN Office of Nuclear Reactor Regulation Date oflssuance: Se tember 30, 1992 OFFICIAL USE ONLY SECURITY RELATED INFORMATION NRC FORM 374 Page 1 of 6 U.S. NUCLEAR REGULATORY COMMISSION MATERIALS LICENSE Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438) , and Title 10, Code of Federal Regulations, Chapter I, Parts 11 , 30 , 31 , 32 , 33, 34, 35, 36 , 39, 40 , 70 , 73, and 74 and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, possess, and transfer byproduct, source, and special nuclear material designated below; to use such material for the purpose(s) and at the place(s) designated below; to deliver or transfer such material to persons authorized to receive it in accordance with the regulations of the applicable Part(s). This license shall be deemed to contain the conditions specified in Section 183 of the Atomic Energy Act of 1954, as amended , and is subject to all applicable rules, regulations, and orders of the U.S . Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified below.

Licensee

1. Northstar Vallecitos, LLC 3. License Number: SNM-960, Amendment 3

2. 6705 Vallecitos Road

4. Expiration Date: August 9, 2027 Sunol, California 94586 5. Docket No.70-754

6. Source, Special Nuclear 7. Chemical and/or Physical 8. Maximum amount that Material, By-product Material Form Licensee May Possess at Any One Time Under This License A. Uranium enriched to less A. Solid form; unirradiated A. [Security-Related than 5 percent 235 U or mixed oxide fuel; Information - Withheld irradiated with its attendant Under 10 CFR 2.390]

byproduct and reactor-produced transuranics B. Uranium enriched from B. Solid form; unirradiated B. [Security-Related 5 percent to less than or mixed oxide fuel; Information - Withheld 20 percent 235 U irradiated with its attendant Under 10 CFR 2.390]

byproduct and reactor-produced transuranics C. Uranium enriched to C. Solid form; unirradiated C. [Security-Related greater than 80 or mixed oxide fuel; Information - Withheld percent 235 U irradiated with its attendant Under 10 CFR 2.390]

byproduct and reactor-produced transuranics D. Plutonium D. Solid form D. [Security-Related Information - Withheld Under 10 CFR 2.390]

E. Special Nuclear Material E. In any form. E. [Security-Related Information - Withheld Under 10 CFR 2.390]

Enclosure 1 OFFICIAL USE ONLY SECURITY RELATED INFORMATION

OFFICIAL USE ONLY SECURITY RELATED INFORMATION NRC FORM 374A U.S. NUCLEAR REGULATORY COMMISSION Page 2 of 6 License Number SNM-960, Amendment 3 MATERIALS LICENSE Docket or Reference Number SUPPLEMENTARY SHEET 70-754

9. Authorized use: R REG(/

a) 6A through 60: for storage only I..

b) 6E: in process or storage for lab analysis/engineering studies or in radioactive waste

10. Authorized Place of Use: The licensee's facilities in the Vallecitos Nuclear Center located near Pleasanton, California, as described in Section 1.1.1 of GE-Hitachi Nuclear Energy Americas, LLC's, March 18, 2015, license renewal application and revision dated February 26, 2016.

11. The licensee shall conduct authorized activities at the Vallecitos Nuclear Center located near Pleasanton, California, in accordance with the statements, representations, and conditions in its March 18, 2015, license renewal application and revision dated February 26, 2016.

12. This license shall be deemed to contain three sections: Safety Conditions, Safeguards Conditions, and Transportation Conditions. All these sections are part of the license, and the licensee is subject to compliance with all listed conditions in each section.

13. The licensee is hereby granted the special authorizations and exemptions identified in Section 1.3 of the license renewal application dated February 26, 2016.

14. At intervals not to exceed 3 years from its approval by the U.S. Nuclear Regulatory Commission (NRC), the licensee shall update the Decommissioning Funding Plan and provide it to the NRC for review and approval. After resolution of any NRC comments, the licensee shall submit final executed copies of the financial assurance instruments to the NRC.

FOR THE U.S. NUCLEAR REGULATORY COMMISSION Digitally signed by Jacob I.

Jacob I. Zimmerman Zimmerman ~~~~~022 .04_2014:40:29 Date: April 20, 2022 By:-----------

Jacob I. Zimmerman, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards OFFICIAL USE ONLY SECURITY RELATED INFORMATION

OFFICIAL USE ONLY SECURITY RELATED INFORMATION NRC FORM 374A U.S. NUCLEAR REGULATORY COMMISSION Page 3 of 6 License Number SNM-960, Amendment 3 MATERIALS LICENSE Docket or Reference Number SUPPLEMENTARY SHEET 70-754 SAFETY CONDITIONS S-1. The licensee shall conduct activities at the Vallecitos Nuclear Center in accordance with statements, representations and conditions as described in the following documents:

a. License transfer application dated September 1, 2023.

b. Decommissioning Funding Plan (DFP) dated January 31, 2014; DFP Supplemental Information dated August 1, 2014; revised DFP dated February 7, 2017; and updated DFP dated March 6, 2020, as supplemented by letters dated June 2, 2020, January 12, 2022, January 24, 2022, electronic communication dated March 2, 2021, and the March 30, 2022, DFP revision.

S-2. Sealed Plutonium sources shall be subject to the leak testing and actions specified in the attached "License Condition for Leak Testing Sealed Plutonium Sources," dated April 1993.

S-3. Release of equipment or materials for unrestricted use shall be in accordance with the attached "Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Licenses for Byproduct, Source, or Special Nuclear Material," April 1993.

S-4. The licensee shall provide to the Commission copies of its annual report summarizing the effluent monitoring and environmental surveillance programs at the Vallecitos Nuclear Center. This report shall be sent to the Division of Fuel Cycle Safety, Safeguards, and Environmental Review; Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555, and the NRC Regional Office-Region IV at the address specified in Appendix D of Title 10 of the Code of Federal Regulations (10 CFR) Part 20.

S-5. Exemptions to the requirements of 10 CFR Section 70.24, "Criticality Accident Requirements," are hereby granted according to 10 CFR Paragraph 70.24(d). The exemptions are granted in accordance with Section 1.3.2, "Exemptions to Criticality Monitoring System Requirements," of the February 26, 2016, license renewal application as follows:

OFFICIAL USE ONLY SECURITY RELATED INFORMATION

OFFICIAL USE ONLY SECURITY RELATED INFORMATION NRC FORM 374A U.S. NUCLEAR REGULATORY COMMISSION Page 4 of 6 License Number SNM-960, Amendment 3 MATERIALS LICENSE Docket or Reference Number SUPPLEMENTARY SHEET 70-754 The following areas are exempted from monitor alarm requirements:

a. Areas where special nuclear material (SNM) is stored in locations within the United States provided that the SNM is fully packaged as for transport in containers meeting all of the general license requirements of 10 CFR Part 71 or in containers owned by NorthStar Vallecitos, LLCand certified for transport under the provisions of 10 CFR Part 71 in accordance with the conditions of a Certificate of Compliance authorizing delivery of such containers to a carrier for Fissile Class I transport,

b. Individual areas where there is negligible risk of criticality due to the amount or configuration of fissile material. In these areas, an evaluation has determined the risk of criticality is very low such that no credible accident sequence can be identified that results in criticality.

S-6. The licensee is hereby authorized to release radioactive materials in accordance with the Enclosure to this license.

Enclosure:

Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Licenses for Byproduct, Source, or Special Nuclear Material (April 1993)

OFFICIAL USE ONLY SECURITY RELATED INFORMATION

OFFICIAL USE ONLY SECURITY RELATED INFORMATION NRC FORM 374A U.S. NUCLEAR REGULATORY COMMISSION Page 5 of 6 License Number SNM-960 , Amendment 3 MATERIALS LICENSE cket or Reference Number SUPPLEMENTARY SHEET 70-754 SAFEGUARDS CONDITIONS SG-1.0 PHYSICAL PROTECTION REQUIREMENTS SG-1.1: The licensee is authorized to possess or use SNM at the Vallecitos Nuclear Center, in accordance with the Physical Security Plan dated March 21, 2016, as approved by the Commission and as it may be further revised in accordance with the provisions of 10 CFR 70.32(e). The licensee shall maintain and follow the Physical Security Plan in accordance with Confirmatory Order EA-14-144, dated April 22, 2015.

SG-2.0 FACILITY OPERATION SG-2.1: Notwithstanding those sections within 10 CFR Parts 70 and 74 which establish requirements for licensees authorized to possess unirradiated SNM in quantities exceeding one effective kilogram, the licensee may follow the applicable requirements of 10 CFR Part 74 as though only authorized to possess less than one effective kilogram of SNM, provided that the licensee does not possess at any one time unirradiated SNM in quantity equal to or greater than one effective kilogram.

SG-2.2: A Fundamental Nuclear Material Control Plan which addresses the material control and accounting requirements of 10 CFR 74.31, 74.41, 74.43, 74.45, 74.51, 74.53, 74.55, 74.57, and 74.59, as appropriate, shall be submitted to and approved by the NRC prior to increasing the actual holdings of unirradiated SNM under License SNM-960 beyond one effective kilogram.

SG-2.3: The licensee shall maintain and follow its Material Control and Accounting (MC&A) Program Description for GE-Hitachi Nuclear Energy Americas, LLC, Vallecitos Nuclear Center, Revision 0, dated June 17, 2015, in accordance with Confirmatory Order EA-14-144 dated April 22, 2015. Changes to the MC&A Program Description shall be submitted to the Commission for review and approval prior to implementation.

OFFICIAL USE ONLY SECURITY RELATED INFORMATION

OFFICIAL USE ONLY SECURITY RELATED INFORMATION NRC FORM 374A U.S. NUCLEAR REGULATORY COMMISSION Page 6 of 6 License Number SNM-960 , Amendment 3 MATERIALS LICENSE Docket or Reference Number SUPPLEMENTARY SHEET 70-754 TRANSPORTATION CONDITIONS T-1.0 TRANSPORTATION SECURITY T-1.1: The licensee shall not import, export, transport in a single shipment, or take delivery of a single shipment free on board at the point where it is delivered to an agent or carrier, quantities of SNM as specified in 10 CFR 73.1(b)(2) until a detailed plan as described in 10 CFR 70.22(g) has been submitted and approved by the NRC.

OFFICIAL USE ONLY SECURITY RELATED INFORMATION