ML23352A325
| ML23352A325 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/18/2023 |
| From: | Carrie Safford NRC/SECY |
| To: | Beyond Nuclear, Don't Waste Michigan, Michigan Safe Energy Future |
| SECY RAS | |
| References | |
| RAS 56883, 50-255-ER | |
| Download: ML23352A325 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Docket No. 50-255 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC (Palisades Nuclear Plant)
ORDER On September 28, 2023, Holtec Decommissioning International, LLC (Holtec) on behalf of Holtec Palisades, LLC submitted an exemption request from certain requirements in 10 C.F.R. § 50.82.1 On December 5, 2023, Beyond Nuclear, Dont Waste Michigan, and Michigan Safe Energy Future (Petitioners) filed a petition to intervene and a request for an adjudicatory hearing on Holtecs exemption request.2 In their petition, Petitioners assert, among other arguments, that Holtec has misused the decommissioning trust fund to keep Palisades in a status to restart the reactor, rather than to decommission the plant and that Holtec knew its intent was to restart Palisades, not to continue decommissioning.3 Holtec filed a motion requesting denial of the petition, and Petitioners responded opposing Holtecs motion.4 The 1 Letter from Jean A. Fleming, Vice President, Licensing, Regulatory Affairs & PSA, Holtec International, to NRC Document Control Desk (Sept. 28, 2023) (ADAMS Accession No. ML23271A140) (Exemption Request).
2 Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Dont Waste Michigan, and Michigan Safe Energy Future (Dec. 5, 2023).
3 Id. at 32, 36.
4 Motion for Secretary Order Denying Beyond Nuclear et al.s Petition for a Hearing on an Exemption Request (Dec. 11, 2023); Petitioners Memorandum in Opposition to Holtec Motion for Secretary Order Denying Petition for a Hearing on Exemption (Dec. 13, 2023).
NRC Staff filed an answer arguing that the petition be denied, and Petitioners responded opposing the Staffs answer.5 Section 189 of the Atomic Energy Act (AEA) of 1954, as amended, provides a right to request a hearing [i]n any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees.6 As a general matter, exemption requests do not give rise to a hearing opportunity.7 But the Commission has held that when an exemption request is inextricably intertwined with a licensing action triggering the opportunity to request a hearing, the hearing may encompass the exemption request as well.8 The current exemption request is separate from a licensing action that would provide an opportunity to request a hearing. Therefore, pursuant to my authority under 10 C.F.R.
§ 2.346(h), I deny the petition to intervene and request a hearing. Further, Holtec has 5 NRC Staff Answer to Intervention Petition and Hearing Request and to Licensee Motion for Denial of Petition (Dec. 15, 2023); Petitioners Reply in Support of Petition for Leave to Intervene Against Palisades Exemption (Dec. 18, 2023).
6 AEA § 189(a)(1)(A), 42 U.S.C. § 2239(a)(1)(A).
7 Commonwealth Edison Co. (Zion Nuclear Power Station, Units 1 and 2), CLI-00-5, 51 NRC 90, 98 (2000) (In short, there is no right to request a hearing in this case because the action involves an exemption from NRC regulations and not one of those actions for which section 189a of the AEA provides a right to request a hearing.).
8 Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), CLI-16-12, 83 NRC 542, 553 (2016); Honeywell International, Inc.
(Metropolis Works Uranium Conversion Facility), CLI-13-1, 77 NRC 1, 10 (2013) (An exemption standing alone does not give rise to an opportunity for hearing under our rules. But when a licensee requests an exemption in a related license amendment application, we consider the hearing rights on the amendment application to encompass the exemption request as well.
(internal citations omitted)); see Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), CLI-01-12, 53 NRC 459, 470 (2001) (Where the exemption is a direct part of an initial licensing or licensing amendment action, there is a potential that an interested party could raise an admissible contention on the exemption, triggering a right to a hearing under the AEA.).
separately filed a license amendment request and a license transfer application for Palisades; under the agencys procedures, Petitioners will have an opportunity to petition to intervene and request a hearing on these and any other future requests for license transfers and license amendments.9 9 Letter from Jean A. Fleming, Vice President, Licensing, Regulatory Affairs & PSA, Holtec International, to NRC Document Control Desk (Dec. 14, 2023) (ML23348A148); Letter from Jean A. Fleming, Vice President, Licensing, Regulatory Affairs, and Probabilistic Safety Analysis, Holtec International, to NRC Document Control Desk (Dec. 6, 2023) (ML23340A161);
see also Exemption Request at 1 (This requested exemption, in combination with U.S. Nuclear Regulatory Commission... approval of an order to transfer operational authority of [Palisades Nuclear Plant (PNP)] and amendments to the PNP Renewed Facility Operating License... is necessary to reauthorize placement of fuel in the PNP reactor vessel and reauthorize power operations at PNP.); id. at 2 (In addition to this exemption request, [Holtec] intends to submit license amendments that will reinstate regulatory requirements to support power operations in accordance with the facility licensing basis that were in effect prior to shutdown.).
Pursuant to my authority under 10 C.F.R. § 2.346(j), I refer Petitioners underlying concerns that Holtec has misused the decommissioning trust fund to the Executive Director for Operations for consideration under 10 C.F.R. § 2.206.
For the Commission Carrie M. Safford Secretary of the Commission Dated at Rockville, Maryland, This 18th day of December 2023.
Carrie M. Safford Digitally signed by Carrie M.
Safford Date: 2023.12.18 16:03:15 -05'00'
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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HOLTEC DECOMMISSIONING
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Docket No. 50-255-ER INTERNATIONAL, LLC
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(Palisades Nuclear Plant)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E. Roy Hawkens, Chief Administrative Judge E-mail: Roy.Hawkens@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Michael A. Spencer, Esq.
David E. Roth, Esq.
Susan H. Vrahoretis, Esq.
Brian P. Newell, Paralegal Georgiann E. Hampton, Paralegal Caitlin R. Byrd, Paralegal E-mail: Michael.Spencer@nrc.gov David.Roth@nrc.gov Susan.Vrahoretis@nrc.gov Brian.Newell@nrc.gov Georgiann.Hampton@nrc.gov Caitlin.Byrd@nrc.gov Counsel for Holtec Decommissioning International, LLC Balch and Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203 M. Stanford Blanton, Esq.
Alan D. Lovett, Esq.
Samantha J. Renshaw, Esq.
Jason B. Tompkins, Esq.
E-mail: alovett@balch.com sblanton@balch.com srenshaw@balch.com jtompkins@balch.com
Palisades Nuclear Plant, Docket No. 50-255-ER ORDER OF THE SECRETARY 2
Counsel for Beyond Nuclear, Dont Waste Michigan, and Michigan Safe Energy Future Terry J. Lodge 316 N. Michigan Street, Suite 520 Toledo, OH 43604 E-mail: tjlodge50@yahoo.com Wallace L. Taylor 4403 1 Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 E-mail: wtaylorlaw@aol.com Office of the Secretary of the Commission Dated at Rockville, Maryland, this 18th day of December 2023.
Clara I.
Sola Digitally signed by Clara I. Sola Date: 2023.12.18 16:06:16 -05'00'