ML25066A162

Response to Request for Supplemental Information – Historic and Cultural Resources License Amendment Request

ML25066A162
Person / Time
Site:	Vallecitos Nuclear Center, Vallecitos
Issue date:	03/07/2025
From:	Self L NorthStar Vallecitos
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
References
NSV 25-005
Download: ML25066A162 (1)

Text

Luke M. Self Vice President, NorthStar Vallecitos 10 CFR 50.82(a)(6) 10 CFR 50.82(b)(5)

NSV 25-005 March 7, 2025 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

Response to Request for Supplemental Information - Historic and Cultural Resources License Amendment Request.

Vallecitos Nuclear Center Docket Nos. 50-18 and 50-70 License No. DR-10

REFERENCES:

1. Letter, NSV to USNRC, "License Amendment Request - Historic and Cultural Resources Review, Vallecitos Boiling Water Reactor and General Electric Test Reactor," dated September 26, 2024, (ML24270A224).

2. Letter, USNRC to NSV, Vallecitos Nuclear Center Historic and Cultural Resources Amendment Request for Supplemental Information (L-2024-LLA-0137), dated November 7, 2024 (ML24299A130).

3. Letter, USNRC to GEHA Regulatory Affairs, Order Approving Transfer of the Vallecitos Nuclear Center Licenses and Conforming License Amendment (EPID L-2023-LLO-0002), dated April 25, 2024 (ML24039A019).

By letter dated September 26, 2024 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML24270A224) NorthStar Vallecitos, LLC (NSV) submitted a license amendment request (LAR) for Nuclear Regulatory Commission (NRC) review of major decommissioning activities (Reference 1), as defined in 10 CFR 50.2, that could diminish the historic integrity (e.g., physical demolition) of select Vallecitos Nuclear Center (VNC) structures deemed potentially eligible for placement on the National Register of Historic Places (NRHP).

During the NRCs acceptance review of the license amendment request, it was determined that supplemental information was needed to complete the detailed safety and environmental review in a timely manner (Reference 2).

The response to the request for supplemental information regarding NSVs LAR regarding a Historic and Cultural Resources Review is provided in Attachment 1.

By letter dated April 25, 2024 (Reference 3), the NRC transmitted an Order that provided consent to the direct transfer of the Vallecitos Nuclear Center (VNC) licenses from GE-Hitachi Nuclear Energy Americas, LLC (GEHA) to NSV. While this submittal precedes the license transfer from NorthStar Vallecitos, LLC 6705 Vallecitos Rd.

Sunol, Ca 94586 www.northstar.com

NSV 25-005 / Page 2 of 2 GEH to NSV, GEH authorizes NRC action on this request. Reference the letter from GEH addressed to the NRC provided as Attachment 2. contains figures provided in support of the response to the request for supplemental information. Additional details regarding these figures may be found in our response to the Ecology and Section 7 Consultation questions discussed in Attachment 1.

This letter contains no new regulatory commitments.

Should you have any questions concerning this letter, or require additional information, please contact Mr. Thomas B. Silko at (802) 451-5354, Ext 2506.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Sincerely, Signature Executed On (Date)

Luke M. Self, Vice President, NorthStar Vallecitos Attachments:

1.

Response to Request for Supplemental Information.

2.

Letter, GEH to NRC, NorthStar Vallecitos (NSV) Authorization, dated January 30, 2025.

3.

Supporting Figures (Action Area for proposed actions).

cc: Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555 Regional Administrator, Region 4 U.S. Nuclear Regulatory Commission 1600 East Lamar Boulevard Arlington, Texas 76011-4511 Signature 3/7/25

NSV 25-005 Docket Nos. 50-18 and 50-70 Response to Request for Supplemental Information Vallecitos Boiling Water Reactor and General Electric Test Reactor (4 pages excluding this cover sheet)

NSV 25-005 / Attachment 1 / Page 1 of 4 RESPONSE TO REQUEST FOR SUPPLEMENTAL INFORMATION -

HISTORIC AND CULTURAL RESOURCES REVIEW VALLECITOS BOILING WATER REACTOR AND GENERAL ELECTRIC TEST REACTOR Supplemental Information Requested:

APPLICANT QUALIFICATIONS Request:

Provide documentation demonstrating that NorthStar Vallecitos, LLC (NSV) is acting on behalf of General Electric Hitachi, LLC which is the holder of License Nos. DPR-1 and TR-1.

Response

By letter dated April 25, 2024 (Reference 1), the NRC transmitted an Order that provided consent to the direct transfer of the Vallecitos Nuclear Center (VNC) licenses from GE-Hitachi Nuclear Energy Americas, LLC (GEH) to NSV. While the license amendment request, as well as this response to request for supplemental information precedes the license transfer from GEH to NSV, GEH authorizes NRC action on this request. Reference the letter from GEH addressed to the NRC provided as Attachment 2.

HISTORIC PRESERVATION Request:

Please confirm the application is requesting an NHPA Section 106 analysis of the GETR to more efficiently meet future NHPA requirements for review of the GETR decommissioning plan.

Response

This response confirms that the intent of this application was to request an NHPA Section 106 analysis of the General Electric Test Reactor (GETR) concurrent with the Section 106 analysis for the Vallecitos Boiling Water Reactor (VBWR). To this extent, the introductory paragraph to our License Amendment Request dated September 26, 2024, should read as follows (emphasis added):

In accordance with 10 CFR 50.90, "Application for amendment of license, construction permit, or early site permit," and consistent with the requirements of 10 CFR 50.82(a)(6) for the Vallecitos Boiling Water Reactor, and 10 CFR 50.82(b)(5) for the General Electric Test Reactor and the guidance set forth in NUREG-0586 ("Decommissioning GEIS," Reference), NorthStar Vallecitos LLC is submitting this License Amendment Request for Nuclear Regulatory Commission (NRC) review of major decommissioning activities, as defined in 10 CFR 50.2, that could diminish the historic integrity (e.g., physical demolition) of select Vallecitos Nuclear Center (VNC) structures deemed potentially eligible for placement on the National Register of Historic Places (NRHP).

Similar distinctions should have been made throughout the application that the intent of the application was to request an NHPA Section 106 analysis of both the VBWR and GETR concurrently, while recognizing that the driving force for such reviews is 10 CFR 50.82(a)(6) for the Vallecitos Boiling Water Reactor, and 10 CFR 50.82(b)(5) for the General Electric Test Reactor.

NSV 25-005 / Attachment 1 / Page 2 of 4 ECOLOGY AND SECTION 7 CONSULTATION Request (a):

The LAR should be updated to define the action area as required under the Endangered Species Act (ESA) Section 7(a)(2) and NRC regulation. The action area effectively bounds the analysis of federally listed species and critical habitats because only species and habitats that occur within the action area may be affected by the Federal action. Please describe the action area for the proposed action(s) related to the demolition of the facilities that fall within scope.

Response (a):

The action area for the proposed actions is limited to the Site Developed Area. Attachment 3 provides two figures addressing the action area. The first figure provides an overview of the VNC licensed property with the Site Developed Area outlined in yellow. The second figure provides a more detailed description of the action area (Site Developed Area), identifying among other items, grasslands, roads and waterways. Each of these figures was extracted from previously submitted correspondence, References 2 and 3 respectively. It is noted that defining the Action Area is also included in the ESA determination report to be provided to Fish and Wildlife Services (FWS), see Response (b) below.

Request (b):

The LAR should be updated to include an assessment of the impacts to threatened and endangered species as required by Federal laws and the ESA. Please provide information concerning the presence of each of these species and suitable habitat within the action area, including information on any observations of species, local population abundances, presence of suitable habitat, etc. Provide copies of any ecological surveys or monitoring conducted at the site involving these species. Provide an analysis of the impacts of the proposed action on the species.

Specifically, for each species, include the following information:

1. San Joaquin kit fox: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, or fragmentation, and associated effects; (3) pesticide use and associated effects (4) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

2. California condor: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, or fragmentation, and associated effects; (3) lead poisoning and associated effects (4) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

3. California least tern: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

4. Alameda whipsnake: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

NSV 25-005 / Attachment 1 / Page 3 of 4

5. Northwestern pond turtle: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

6. California red-legged frog: The analysis for this species should address (1) mortality or injury from collisions/crushing with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

7. California tiger salamander: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

8. Foothill yellow-legged frog: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

9. Western spadefoot: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

10. Monarch butterfly: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

11. Vernal pool fairy shrimp: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, disturbance, or fragmentation, and associated effects; (3) pesticide usage and associated effects; and (4) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.

Response (b):

This action has been satisfied by the issuance of a letter from the USNRC to FWS which designated NSV as a non-federal representative on the action requested for the VBWR and GETR (Reference 4). As such, this request will be satisfied by NSV corresponding directly with FWS.

NSV 25-005 / Attachment 1 / Page 4 of 4

References:

1. Letter, USNRC to GEHA Regulatory Affairs., Order Approving Transfer of the Vallecitos Nuclear Center Licenses and Conforming License Amendment (EPID L-2023-LLO-0002), dated April 25, 2024 (ML24039A019).

2. Letter, M220122 from C. Martinez (GE Hitachi) to Document Control Desk (U.S. NRC), Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report September 21, 2022.

(ML22264A324P) - see Figure 2-1.

3. ibid, see Enclosure 3, Figure 6.

4. Letter, USNRC to FWS, Designation of NorthStar Vallecitos, LLC, as the Non-Federal Representative for Vallecitos Boiling Water Reactor and General Electric Test Reactor, dated December 4, 2024 (ML24330A047).

NSV 25-005 Docket Nos. 50-18 and 50-70 Letter, GEH to NRC, NorthStar Vallecitos (NSV) Authorization, dated January 30, 2025.

(2 pages excluding this cover sheet)

M250039 January 30, 2025 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike 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:

NorthStar Vallecitos (NSV) Authorization

References:

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

2) Order Approving Transfer of Licenses and Conforming License Amendments, April 25, 2024 (ML24039A021)

3) Letter, GEHA / NorthStar to USNRC, GEHA/NorthStar Response to NRC Request for Additional Information Regarding Direct Transfer of VNC Licenses, dated January 22, 2024 (ML24022A323)

GE Hitachi Nuclear Energy Phillip D. Ollis Manager, Facility Licensing 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402 USA T (910) 616-4018 Phillip.ollis@ge.com NSV 25-005 / Attachment 2 / Page 1 of 2

NSV Authorization January 30, 2025 On September 1, 2023, NorthStar Vallecitos, LLC (NSV) and GE Hitachi Nuclear Energy Americas, LLC (GEHA) (together, Applicants) sought the NRCs consent to the direct transfer of control of five NRC licenses: (1) Facility Possession-Only License No. TR-1 for the General Electric Test Reactor (GETR), (2) Facility Possession-Only License No. DR-10 for the ESADA Vallecitos Experimental Superheat Reactor (EVESR), (3) Facility Possession-Only License No. DPR-1 for the Vallecitos Boiling Water Reactor (VBWR), (4) Facility License No. R-33 for the Nuclear Test Reactor (NTR),

and (5) Materials License No. SNM-960 (collectively, the Licenses) held by GEHA for the Vallecitos Nuclear Center in Sunol, CA (Vallecitos).

Applicants sought the NRCs consent for the direct transfer of the Licenses from GEHA to NSV in connection with a proposed transaction under which the ownership of and licensed responsibility for the Vallecitos Nuclear Center would be transferred to NorthStar Vallecitos.

On April 25, 2024, the Nuclear Regulatory Commission (NRC) issued an order consenting to the transfer of control as part of the Transaction (Reference 2). As the transfer of the facility has been delayed, NRC has requested documentation demonstrating that NSV is acting on behalf of General Electric Hitachi, LLC pending the completion of the license transfer (currently expected in February 2025).

Accordingly, this letter captures that the submittals provided by NSV are in the best interest of VNC and that GEH requests that related correspondence be acted upon by the NRC as if NSV were the current licensee. This includes, but is not limited to NSVs September 26, 2024, license amendment request, the yet to be submitted request to terminate the Vallecitos Boiling Water Reactor (VBWR) license and corresponding exemption request; and/or the Empire State Atomic Development Agency (ESADA)

Vallecitos Experimental Superheat Reactor (EVESR) License Amendment Request for the EVESR to accept the in-situ radioactive material from the VBWR Please contact me if you have any questions regarding this information.

Sincerely, Phillip D. Ollis Regulatory Affairs - Facility Licensing NSV 25-005 / Attachment 2 / Page 2 of 2

NSV 25-005 Docket Nos. 50-18 and 50-70 Supporting Figures (Action Area for proposed actions)

(2 pages excluding this cover sheet)

Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report, Rev. XII 4

Figure 2 VNC Site Area NSV 25-005 / Attachment 3 / Page 1 of 2



NSV 25-005 / Attachment 3 / Page 2 of 2