ML24082A250
| ML24082A250 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center, 07000754, Vallecitos |
| Issue date: | 04/26/2024 |
| From: | William Allen Reactor Decommissioning Branch |
| To: | |
| References | |
| NRC-2023-0191 | |
| Download: ML24082A250 (9) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-18, 50-70, 50-73, 50-183, and 70-754; NRC-2023-0191]
In the Matter of GE-Hitachi Nuclear Energy Americas, LLC
and NorthStar Vallecitos, LLC;
Vallecitos Nuclear Center;
Direct Transfer of Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an order
approving the license transfer application filed by GE-Hitachi Nuclear Energy Americas,
LLC (GEHA) and NorthStar Vallecitos, LLC (NorthStar Vallecitos), dated
September 1, 2023, as supplemented by letters dated September 5, 2023,
October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024.
Specifically, the order approves the direct tr ansfer of control of Possession Only License
Nos. DPR-1 for the Vallecitos Boiling Water Reactor, TR-1 for the General Electric Test
Reactor, R-33 for the Nuclear Test Reactor, and DR-10 for the Empire State Atomic
Development Associates Experimental Vallecitos Superheat Reactor and Special
Nuclear Material (SNM) License No. SNM-960 from GEHA to NorthStar Vallecitos and
the issuance of conforming amendments to the licenses, including license conditions.
DATES: The order was issued on April 25, 2024, and is effective for 1 year.
ADDRESSES: Please refer to Docket ID NRC-2023-0191 when contacting the NRC
about the availability of information regar ding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2023-0191. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The order, the NRC staff safety
evaluation supporting the order, and the draft conforming license amendments are
available in ADAMS under Package Accession No. ML24039A011.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chris Allen, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-6877; email: William.Allen@nrc.gov.
2 SUPPLEMENTARY INFORMATION: The text of the order is attached.
Dated: April 26, 2024.
For the Nuclear Regulatory Commission.
/RA/
William Allen, Project Manager, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards.
3 Attachment - Order Approving Transfer of Licenses and Conforming License Amendments
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
GE-Hitachi Nuclear Energy Americas, LLC )
)
Vallecitos Nuclear Center ) Docket Nos.: 50-18, 50-70, 50-73, 50-183,
) and 70-754 EA-24-040 ) License Nos.: DPR-1, TR-1, R-33, DR-10,
) and SNM-960
ORDER APPROVING TRANSFER OF LICENSES AND CONFORMING LICENSE AMENDMENTS
I.
GE-Hitachi Nuclear Energy Americas, LLC ( GEHA) is the holder of Possession
Only License No. DPR-1 for the Vallecitos Boiling Water Reactor, Possession Only
License No. TR-1 for the General Electric Test Reactor, Possession Only License No.
R-33 for the Nuclear Test Reactor, and Possession Only License No. DR-10 for the
Empire State Atomic Development Associates Experimental Vallecitos Superheat
Reactor. These licenses authorize GEHA to possess the nuclear material associated
with each reactor license subject to the conditions specified therein. They do not
authorize GEHA either to use or to operate the reactors associated with the licenses.
These reactor facilities are located at the Vallecitos Nuclear Center (VNC) in Sunol,
California. GEHA is also the holder of Special Nuclear Material (SNM) License No.
SNM-960, which authorizes the storage of SNM at the VNC.
II.
4 By application dated September 1, 2023 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML23244A247), as supplemented by
letters dated September 5, 2023 (ML23248A232); October 19, 2023 (ML23292A336);
November 1, 2023 (ML23305A052); January 22, 2024 (ML24022A323); and March 15,
2024 (ML24075A277), GEHA and NorthStar Vallecitos, LLC (NorthStar Vallecitos)
(collectively, the Applicants) requested that the U.S. Nuclear Regulatory Commission
(NRC) consent to the direct transfer of control of Possession Only License No. DPR-1
for the Vallecitos Boiling Water Reactor, Possession Only License No. TR-1 for the
General Electric Test Reactor, Possession Only License No. R-33 for the Nuclear Test
Reactor, Possession Only License No. DR-10 for the Empire State Atomic Development
Associates Experimental Vallecitos Superheat Reactor, and SNM License No. SNM-960
(collectively, the licenses) located at the VNC in Sunol, California. Specifically, the
Applicants requested that the NRC consent to the direct transfer of GEHAs currently
licensed authority to possess nuclear material, to maintain the VNC in a safe condition
(including storage, control, and maintenance of all nuclear material), and to
decommission the VNC to NorthStar Vallecitos. This license transfer application was
submitted to the NRC for approval under Section 184, Inalienability of Licenses, of the
Atomic Energy Act of 1954, as amended (AEA), and Title 10 of the Code of Federal
Regulations (10 CFR) 50.80, Transfer of licenses; 10 CFR 50.90, Application for
amendment of license, construction permit, or early site permit; 10 CFR 70.34,
Amendment of licenses; and 10 CFR 70.36, Inalienability of licenses. Notice of the
receipt of the license transfer application and opportunity to comment, request a hearing,
and petition for leave to intervene was published in the Federal Register on November 8,
2023 (88 FR 77113). The supplemental letters, listed above, contained clarifying
5 information and did not expand the license transfer application beyond the scope of the
original notice.
GEHA intends to transfer its licensed possession, maintenance, and
decommissioning authorities to NorthStar Vallecitos to expedite the decommissioning at
the VNC. Following approval and completion of the proposed direct transfer of control of
the licenses, NorthStar Vallecitos would assume licensed responsibility for the VNC
through the transfer of GEHAs responsibilit y for licensed activities at the VNC to
NorthStar Vallecitos. NorthStar Vallecitos would own the VNC facility as well as its
associated assets and real estate, including its decommissioning trust fund, title to spent
nuclear fuel, and rights under the terms of its Standard Contract for Disposal of Spent
Nuclear Fuel and/or High-Level Radioactive Waste with the U.S. Department of Energy.
Upon the proposed license transfer, NorthStar Vallecitos would assume responsibility for
compliance with the current licensing basis, including regulatory commitments that exist
at the closing of the transfer transacti on between the Applicants, and would implement
any changes under applicable regulatory requi rements and practices. The Applicants
also requested that the NRC impose license conditions relating to the management of
the decommissioning trust fund, established for the purpose of providing
decommissioning financial assurance for the licenses, and approve conforming
administrative amendments to the licenses to reflect the direct transfer of the licenses
from GEHA to NorthStar Vallecitos.
The NRC received one public comment on the license transfer application. It is
summarized in the NRC staffs safety evaluati on of the license transfer application. The
NRC staff reviewed the comment submission and considered it, as appropriate, as part
of its evaluation of the application.
6 Under 10 CFR 50.80, no license for a production or utilization facility, or any right
thereunder, shall be transferred, either voluntarily or involuntarily, directly or indirectly,
through transfer of control of the license to any person, unless the Commission gives its
consent in writing. Under 10 CFR 70.36, no license to possess or use special nuclear
material, or any right thereunder, shall be transferred, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of the license to any person, unless the
Commission gives its consent in writing. Upon review of the information in the license
transfer application, as supplemented, and other information before the Commission,
and relying upon the representations and agreements contained in the application, the
NRC staff has determined that NorthStar Vallecitos is qualified to be the holder of the
licenses, and that the direct transfer of the licenses, as described in the application, is
otherwise consistent with applicable provisions of law, regulations, and orders issued by
the Commission pursuant thereto, subject to the condition set forth below.
Upon review of the request in the license transfer application, as supplemented,
for conforming administrative amendments to the licenses to reflect the direct transfer of
the licenses, the NRC staff has determined the following:
(1) The application for amendments complies with the standards and requirements
of the AEA and the Commissions rules and regulations set forth in 10 CFR
Chapter I.
(2) There is reasonable assurance that the activities authorized by the amendments
can be conducted without endangering the health and safety of the public and
that such activities will be conducted in compliance with the Commissions
regulations.
(3) The issuance of the amendments will not be inimical to the common defense and
security or to the health and safety of the public.
7 (4) The issuance of the amendments 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.
The findings set forth above are support ed by an NRC staff safety evaluation
dated April 25 2024, which is available at ML24039A011.
III.
Accordingly, under Sections 161b, 161i, 161o, and 184 of the AEA;
42 U.S.C. Sections 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, 10 CFR
50.90, 10 CFR 70.34, and 10 CFR 70.36, IT IS HEREBY ORDERED that the application
for the direct transfer of the licenses from GEHA to NorthStar Vallecitos, as described
herein, is approved subject to the following condition:
Prior to the closing of the license transfer transaction, NorthStar
Vallecitos, LLC shall provide the Director of the NRCs Office of Nuclear
Material Safety and Safeguards (NMSS) satisfactory documentary
evidence that it has obtained, or will have obtained upon the closing of
the transaction, the appropriate amount of insurance under 10 CFR Part
140 and 10 CFR 50.54(w), as applicable.
IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), the license
amendments that make changes, as indicated in Enclosures 2 through 7 to the letter
transmitting this Order, to reflect the subject direct license transfer are approved. The
amendments shall be issued and made effective at the time the license transfer
transaction is completed.
IT IS FURTHER ORDERED that NorthStar Vallecitos shall, at least 2 business
days before the planned closing of the license transfer transaction, inform the Director of 8
NMSS in writing of the planned closing date. Should the proposed transfer not be
completed within 1 year of this Orders date of issuance, this Order shall become null
and void; provided, however, that upon written application and for good cause shown,
such date may be extended by order. The condition of this Order may be amended upon
application by the Applicants and approval by the NRC.
This Order is effective upon issuance.
For further details with respect to this Order, see the license transfer application
dated September 1, 2023, as supplemented on September 5, 2023; October 19, 2023;
November 1, 2023; January 22, 2024; and March 15, 2024, and the associated NRC
staff safety evaluation dated April 25 2024, wh ich are available for public inspection at
the Commissions Public Document Room (P DR), located at One White Flint North,
11555 Rockville Pike, Rockville, Maryland. Pub licly available documents are accessible
electronically through ADAMS in the NRC Library at https://www.nrc.gov/reading-
rm/adams.html. Persons who encounter problems with ADAMS should contact the
NRCs PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by
email to PDR.Resource@nrc.gov.
Dated: April 25, 2024.
FOR THE NUCLEAR REGULATORY
COMMISSION.
/RA/
John W. Lubinski, Director, Office of Nuclear Material Safety and Safeguards.
9