ML23339A044

Issuance of Amendment No. 68, 301 and 277 Regarding Changes to Implement the Independent Spent Fuel Storage Installation Physical Security Plan

ML23339A044
Person / Time
Site:	Indian Point
Issue date:	12/05/2023
From:	Sturzebecher K Reactor Decommissioning Branch
To:	Fleming J Holtec
References
EPID L-2023-LLA-0010
Download: ML23339A044 (15)

Text

SAFEGUARDS INFORMATION

December 5, 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 NUCLEAR GENERATING UNITS 1, 2, AND 3 - ISSUANCE OF AMENDMENT NO. 68, 301 AND 277 REGARDING CHANGES TO IMPLEMENT THE INDEPENDENT SPENT FUEL STORAGE INSTALLATION PHYSICAL SECURITY PLAN (EPID L-2023-LLA-0010).

Dear Jean Fleming:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued the enclosed Amendment No. 68 to Provisional Operating License No. DPR-5 for Indian Point, Unit 1 (IP1),

Amendment No. 301 to Renewed Facility License No. DPR-26 for Indian Point, Unit 2 (IP2), and Amendment No. 277 to Renewed Facility License No. DPR-64 for Indian Point, Unit 3 (IP3). The amendments consist of changes for Holtec Decommissioning International, LLC (HDI), on behalf of Holtec Indian Point 2, LLC (IP1 & IP2) and Holtec Indian Point 3, LLC (IP3),

collectively referred to as Indian Point Energy Center (IPEC) in response to your application dated January 17, 20 23 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML23024A046). The Notice of Application for Amendment was published in the Federal Register on September 5, 2023 (88 FR 60714).

The amendment revises the HDI Physical Security Plan to reflect the requirements associated with the security changes for the independent spent fuel storage installation (ISFSI) only configuration, consistent with the permanent removal of all spent fuel from the IPEC spent fuel pool. The amendments are provided in Enclosure 1, 2 and 3.

A copy of the related safety evaluation is also enclosed as Enclosure 4. A Notice of Issuance will be included in the Commissions monthly Federal Register notice.

Pursuant to Paragraph (c)(12) of Title 10 of the Code of Federal Regulations (10 CFR) 51.22, "Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review," the Commission has determined that the issuance of this amendment is categorically excluded, and pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared. Approval of this amendment is an administrative change that relates solely to safeguards matters and does not involve any significant construction impacts.

ENCLOSURE 4 CONTAINS SAFEGUARDS INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 4, THIS LETTER IS DECONTROLED.

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION J. Fleming The NRC staff has determined that its documented safety evaluation does contain Security-Related Information and Safeguards Information which is required to be withheld from public disclosure pursuant to 10 CFR 2.390, Public inspections, exemptions, requests for withholding. The "Safeguards Information" as defined by 10 CFR 73.22 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended, and must be protected accordingly.

In accordance with Title 10 of the Code of Federal Regulations 2.390, Public inspections, exemptions, requests for withholding, of the NRCs Agency Rules of Practice and Procedure, a copy of this letter separated from Enclosure 4 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 w ebsite 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 at 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

Enclosures:

1. Amendment No. 68 to DPR-5

2. Amendment No. 301 to DPR-26

3. Amendment No. 277 to DPR-64

4. Safety Evaluation (Non-Public)

Cc w/enclosures: Indian Point ListServ

SAFEGUARDS INFORMATION

Ltr ML23339A044 OFFICE NMSS/DWUP/RDB OGC/GCHA/AGCOR NMSS/DUWP/RDB NMSS/DWUP/RDB

/NLO NAME KSturzebecher KS KGamin KG SAnderson SA KSturzebecher KA DATE 12 / 05 /2023 12 / 05 /2023 12 / 05 /2023 12 / 05 /2023 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC AND

HOLTEC INDIAN POINT 2, LLC

INDIAN POINT NUCLEAR GENERATING STATION, UNIT NO. 1

DOCKET NO.50-003

AMENDMENT TO PROVISIONAL OPERATING LICENSE

Amendment No. 68 Renewed License No. DPR-5

1. The U.S. Nuclear Regulatory Commission (NRC, the Commission) has found that:

A. The application for amendment by Holtec Decommissioning International, LLC (HDI), on behalf of Holtec Indian Point 2, LLC (IP1 & IP2) for Indian Point Nuclear Generating Station, Unit No. 1 at the Indian Point Energy Center complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR), Chapter I, Nuclear Regulatory Commission;

B. The facility will be maintained in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission;

C. There is reasonable assurance: (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations of the Commission;

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

E. The issuance of this amendment is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 1

2. Accordingly, by Amendment No. 68, Facility Operating License No. DPR -5 is hereby amended to authorize the revision to the Holtec Indian Point 1 Indian Point Energy Center Independent Spent Fuel Storage Installation-Only Physical Security Plan, as set forth in the HDI application dated January 17, 2023, and evaluated in the NRC staffs safety evaluation issued with this amendment.

3. The license amendment is effective as of its date of issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Shaun Anderson, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Change to Renewed Facility License No. DPR-5

Date of Issuance: December 5, 2023 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC AND

HOLTEC INDIAN POINT 2, LLC

INDIAN POINT NUCLEAR GENERATING UNIT NO. 2

DOCKET NO. 50-247

AMENDMENT TO RENEWED FACILITY LICENSE

Amendment No. 301 Renewed License No. DPR-26

1. The U.S. Nuclear Regulatory Commission (NRC, the Commission) has found that:

A. The application for amendment by Holtec Decommissioning International, LLC (HDI), on behalf of Holtec Indian Point 2, LLC (IP1 & IP2) for Indian Point Nuclear Generating Station, Unit No. 2 at the Indian Point Energy Center complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR), Chapter I, Nuclear Regulatory Commission;

B. The facility will be maintained in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission;

C. There is reasonable assurance: (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations of the Commission;

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

E. The issuance of this amendment is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 2

2. Accordingly, the license is amended by changes as indicated in the attachment to this license amendment, as the paragraphs in 2.H of Renewed Operating License No. DPR-26, and is hereby amended by modifying this paragraph regarding the Indian Point Energy Center Independent Spent Fuel Storage Installation-Only Physical Security Plan:

HDI shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Indian Point (IPEC) Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards contingency Plan, Revision 0.

3. The license amendment is effective as of its date of issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Shaun Anderson, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Change to Renewed Facility License No. DPR-26

Date of Issuance: December 5, 2023 ATTACHMENT TO LICENSE AMENDMENT NO. 301

INDIAN POINT NUCLEAR GENERATING UNIT NO. 2

RENEWED FACILITY LICENSE NO. DPR-26

DOCKET NO. 50-247

Replace the following pages of Renewed Facility License No. DPR-26 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Renewed Facility License No. DPR-26

REMOVE INSERT

Page 3 Page 3 Page 4 Page 4

(3) HDI pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess and use, at any time any byproduct, source and special nuclear material as sealed neutron sources that were used for reactor startup, sealed sources that were used for reactor instrumentation and are used in the calibration of radiation monitoring equipment, and that were used as fission detectors in amounts as required; (4) HDI pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; (5) HDI pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials that were produced by the operation of the facility.

C. This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Deleted per Amendment No. 294.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 301, are hereby incorporated in the renewed license. HDI shall maintain the facility in accordance with the Technical Specifications.

(3) Deleted per Amendment No. 294.

Amendment No. 301

D. (1) Deleted per Amdt. 82, 12 82.

(2) Deleted per Amendment 238.

E. Deleted per Amdt. 71, dated 8-5-81, effective 5-14-81.

F. This renewed license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter granting a Section 401 certification under the Federal Water Pollution Control Act amendments of 1972.

G. Deleted per Amendment No. 294.

H. HDI shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Indian Point (IPEC) Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards contingency Plan, Revision 0.

Amendment 301 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC AND

HOLTEC INDIAN POINT 3, LLC

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3

DOCKET NO. 50-286

AMENDMENT TO RENEWED FACILITY LICENSE

Amendment No. 277 Renewed License No. DPR-64

1. The U.S. Nuclear Regulatory Commission (NRC, the Commission) has found that:

A. The application for amendment by Holtec Decommissioning International, LLC (HDI), on behalf of Holtec Indian Point 3, LLC (IP3) for Indian Point Nuclear Generating Station, Unit No. 3 at the Indian Point Energy Center complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR), Chapter I, Nuclear Regulatory Commission;

B. The facility will be maintained in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission;

C. There is reasonable assurance: (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations of the Commission;

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

E. The issuance of this amendment is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 3

2. Accordingly, the license is amended by changes as indicated in the attachment to this license amendment, to paragraph in 2.G of Renewed Operating License No. DPR-64, and is hereby amended by modifying this paragraph regarding the Indian Point Energy Center Independent Spent Fuel Storage Installation-Only Physical Security Plan:

HDI shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and CFR 50.54(p). The combined set of plans1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

Indian Point (IPEC) Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards contingency Plan, Revision 0.

3. The license amendment is effective as of its date of issuance and shall be implemented within 60 days.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Shaun Anderson, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Change to Renewed Facility License No. DPR-64

Date of Issuance: December 5, 2023 ATTACHMENT TO LICENSE AMENDMENT NO. 277

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3

RENEWED FACILITY LICENSE NO. DPR-64

DOCKET NO. 50-286

Replace the following pages of Renewed Facility License No. DPR-64 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the area of change.

Renewed Facility License No. DPR-64

REMOVE INSERT

Page 3 Page 3

(4) HDI pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components;

(5) HDI pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials that were produced by the operation of the facility.

C. This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified below:

(1) Deleted per Amendment No. 270.

(2) Technical Specifications

The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 277, are hereby incorporated in the renewed license. HDI shall maintain the facility in accordance with the Technical Specifications.

D. (DELETED)

E. (DELETED)

F. This renewed license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter granting a Section 401 certification under the Federal Water Pollution Control Act Amendments of 1972.

G. HDI shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and CFR 50.54(p). The combined set of plans1 for the Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: Indian Point (IPEC) Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards contingency Plan, Revision 0.

Amendment No. 277 SAFETY EVALUATION BY

THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

RELATED TO AMENDMENT NOS. 68, 301 AND 277

TO PROVISIONAL OPERATING LICENSE NO. DPR-5

RENEWED FACILITY OPERATING LICENSES NOS. DPR-26 AND DPR-64

HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, HOLTEC INDIAN POINT 2, LLC,

AND HOLTEC INDIAN POINT 3, LLC

INDIAN POINT NUCLEAR GENERATING UNIT S 1, 2 AND 3

DOCKET NOS.50-003, 50- 247, and 50-286

Enclosure 4