ML24339A068

Request for NRC to Rescind Previous Approved Exemptions to Support Transition to a Power Operations Licensing Basis

ML24339A068
Person / Time
Site:	Palisades
Issue date:	12/04/2024
From:	Fleming J Holtec Palisades
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
2024-047
Download: ML24339A068 (1)

Text

27780 Blue Star Highway, Covert, MI 49043 HDI PNP 2024-047 10 CFR 50.12 December 4, 2024 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Palisades Nuclear Plant Renewed Facility Operating License No. DPR-20 NRC Docket No. 50-255

Subject:

Palisades Nuclear Plant - Request for NRC to Rescind Previously Approved Exemptions to Support Transition to a Power Operations Licensing Basis On September 28, 2023, in accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR) 50.12, Specific exemptions, Holtec Decommissioning International, LLC (HDI), on behalf of Holtec Palisades, LLC, requested an exemption from portions of 10 CFR 50.82, Termination of license, for the Palisades Nuclear Plant (PNP) to support the resumption of power operations at PNP (Reference 1). Specifically, HDI requested an exemption from the 10 CFR 50.82(a)(2) restriction that prohibits power operations and retention of fuel in the reactor vessel by allowing PNP a one-time rescission of the 10 CFR 50.82(a)(1) certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel (Reference 2). Once the docketed 10 CFR 50.82(a)(1) certifications are rescinded, 10 CFR 50.82(a)(2) will no longer apply and PNP can formally exit the decommissioning process and enter a second period of power operations within the original renewed facility operating license term which expires on March 24, 2031.

In addition to the rescission of the 10 CFR 50.82(a)(1) certifications, HDI has identified other exemptions that are no longer warranted and require rescission in support of PNP exiting the decommissioning process and the resumption of power operations. Therefore, HDI has compiled the following list of previous Nuclear Regulatory Commission (NRC) approved exemptions that require rescission and hereby requests that the NRC rescind these exemptions:

1. By letter dated June 29, 2017, Entergy Nuclear Operations, Inc. (Entergy) submitted an application for exemption from specific requirements of 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) related to the suspension of security measures in an emergency or during severe weather (Reference 3). This exemption request was approved by the NRC on October 11, 2017 (Reference 4). The exemption allows, as a minimum, either a certified fuel handler (CFH) or a licensed senior operator to approve the temporary suspension of security measures for PNP during certain emergency conditions or during severe weather. This exemption will no longer apply when PNP exits decommissioning

HDI PNP-2024-047 Page 2 of 4 because the terms "Certified Fuel Handler" and "CFH" will be removed from the PNP Technical Specifications as requested by HDI in the license amendment requests (LARs), dated December 14, 2023 (Reference 5), and February 9, 2024 (Reference 6).

These LARs revise the Renewed Facility Operating License and Permanently Defueled Technical Specifications to, in part, reinstate the power operations licensing basis to reflect the resumption of power operations at PNP.

2. By letter dated June 15, 2021, Entergy submitted an application for partial exemptions from the record retention requirements of 10 CFR 50.71(c), 10 CFR 50.59(d)(3), and 10 CFR Part 50, Appendix B, Criterion XVII (Reference 7). This exemption request was approved by the NRC on November 23, 2021 (Reference 8). The exemption allows HDI to eliminate (1) records associated with structures, systems, and components (SSCs) and activities which were removed from the 10 CFR Part 50 licensing basis due to docketing the 10 CFR 50.82(a)(1) certifications (Reference 2) and (2) records associated with the storage of spent fuel in the spent fuel pool (SFP) once all fuel has been permanently removed from the SFP. This exemption will no longer apply to PNP when the SSCs and activities previously removed from the Updated Final Safety Analysis Report and Technical Specifications are restored with the reinstatement of the power operations licensing basis as described in the HDI letter, dated March 13, 2023 (Reference 9). The portion of the exemption allowing the elimination of records related to spent fuel storage in the SFP is not currently in effect at PNP since spent fuel is currently, and will continue to be, stored in the SFP to support the resumption of power operations.

3. By letter dated December 23, 2020, HDI submitted an application for exemption from specific requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) (Reference 10). This exemption request was approved by the NRC on December 13, 2021 (Reference 11). The exemption allows HDI to make withdrawals from the PNP nuclear decommissioning trust fund (DTF) for spent fuel management and site restoration activities without prior notice to the NRC in the same manner that withdrawals are made under 10 CFR 50.82(a)(8) for decommissioning activities. When PNP exits the decommissioning process, the exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) will no longer apply because the HDI Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate, dated December 23, 2020 (Reference 12), which are a premise for use of the PNP DTF to conduct spent fuel management and site restoration activities, will no longer apply upon the return to power operations. Rescission of the exemption will have no effect on the sufficiency of funds in the DTF to accomplish radiological decommissioning, as provided by the controls and reporting requirements of 10 CFR 50.75.

HDI requests recission of the above listed exemptions coincident with the docketing of the withdrawal of the 10 CFR 50.82(a)(1)(i) and (ii) certifications on the date that PNP transitions from a decommissioning licensing basis to a power operations licensing basis.

This letter contains no new and no revised regulatory commitments.

Should you have any questions or require additional information, please contact Jim Miksa, Regulatory Assurance Manager, at (269) 764-2945.

HDI PNP-2024-047 Page 3 of 4 Respectfully, Jean A. Fleming Vice President, Licensing and Regulatory Affairs Holtec International

References:

1)

Holtec Decommissioning International, LLC (HDI), letter to U.S. Nuclear Regulatory Commission (NRC), Request for Exemption from Certain Termination of License Requirements of 10 CFR 50.82, dated September 28, 2023 (ADAMS Accession No. ML23271A140)

2)

Entergy Nuclear Operations, Inc. (Entergy) letter to NRC, Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel, dated June 13, 2022 (ADAMS Accession No. ML22164A067)

3)

Entergy letter to NRC, Request for Exemption From Specific Provisions in 10 CFR 73.55, dated June 29, 2017 (ADAMS Accession No. ML17180A004)

4)

NRC letter to Entergy, Palisades Nuclear Plant - Approval of Request for Exemption From Specific Provisions in 10 CFR 73.55 (CAC No. MF9876; EPID L-2017-LLE-0016), dated October 11, 2017 (ADAMS Accession No. ML17216A802)

5)

HDI letter to NRC, License Amendment Request to Revise Renewed Facility Operating License and Permanently Defueled Technical Specifications to Support Resumption of Power Operations, dated December 14, 2023 (ADAMS Accession No. ML23348A148)

6)

HDI letter to NRC, License Amendment Request to Revise Selected Permanently Defueled Technical Specifications Administrative Controls to Support Resumption of Power Operations, dated February 9, 2024 (ADAMS Accession No. ML24040A089)

7)

Entergy letter to NRC, Request for Partial Exemption From Record Retention Requirements in 10 CFR 50.12, dated June 15, 2021 (ADAMS Accession No. ML21167A108)

8)

NRC letter to Entergy, Palisades Nuclear Plant - Partial Exemptions From Record Retention Requirements (EPID L-2021-LLE-0033), dated November 23, 2021 (ADAMS Accession No. ML21195A372)

9)

HDI letter to NRC, Regulatory Path to Reauthorize Power Operations at the Palisades Nuclear Plant, dated March 13, 2023 (ADAMS Accession No. ML23072A404)

Digitally signed by Jean A. Fleming DN: cn=Jean A. Fleming, c=US, o=Holtec Decommissioning International, LLC, ou=Regulatory and Environmental Affairs, email=J.Fleming@Holtec.com Date: 2024.12.04 07:47:42 -05'00' Jean A.

Fleming

HDI PNP-2024-047 Page 4 of 4

10)

HDI letter to NRC, Request for Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv), dated December 23, 2020 (ADAMS Accession No. ML20358A239)

11)

NRC letter to HDI, Palisades Nuclear Plant - Request for Exemption From 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) for Holtec Decommissioning International, LLC (EPID L-2020-LLE-0240), dated December 13, 2021 (ADAMS Accession Nos. ML21286A294 and ML21286A506)

12)

HDI letter to NRC, Post Shutdown Decommissioning Activities Report including Site-Specific Decommissioning Cost Estimate for Palisades Nuclear Plant, dated December 23, 2020 (ADAMS Accession No. ML20358A232) cc:

NRC Region III Regional Administrator NRC Senior Resident Inspector - Palisades Nuclear Plant NRC Project Manager - Palisades Nuclear Plant Designated Michigan State Official