ML25199A099
| ML25199A099 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center |
| Issue date: | 08/27/2025 |
| From: | Reactor Decommissioning Branch |
| To: | NorthStar Vallecitos |
| Shared Package | |
| ML25232A197 | List: |
| References | |
| EPID L-2025-LLE-0009, EPID L-2025-LLA-0031 | |
| Download: ML25199A099 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION REPORT BY THE OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS FOR APPROVAL OF REQUEST FOR EXEMPTION AND TO TERMINATE THE LICENSE NORTHSTAR VALLECITOS, LLC VALLECITOS BOILING WATER REACTOR FACILITY OPERATING LICENSE NO. DPR-1 DOCKET NO.50-018 August 27, 2025
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1.0 INTRODUCTION AND BACKGROUND
1.1 Introduction By letter dated February 3, 2025, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25034A275), NorthStar Vallecitos, LLC (NSV), applied to the U.S.
Nuclear Regulatory Commission (NRC) to terminate the NRC license for the Vallecitos Boiling Water Reactor (VBWR). The application also contained a request for an exemption from the requirements of Title 10 of the Code of Federal Regulations (CFR) 50.82(a)(11)(ii) that the VBWR final radiation survey and associated documentation demonstrate that the facility meets the criteria for license termination in 10 CFR 20, Subpart E. The radiological criteria for license termination, that allows for unrestricted use of the site, are a total effective dose equivalent to the average member of the critical group that does not exceed 25 mrem (0.25 mSv) per year from residual radioactivity that is distinguishable from background, and that the residual radioactivity has been reduced to levels that are as low as reasonably achievable (ALARA).
NSV requested an exemption from this criterion in conjunction with a related request to amend the license of the adjacent Empire State Atomic Development Associates Incorporated (ESADA)
Vallecitos Experimental Superheat Reactor (EVESR) to include the remaining VBWR reactor building, and any associated residual radioactivity. The NRC approved the EVESR amendment request on August 19, 2025 (ADAMS Package Accession No. ML25199A084). With approval of that amendment, no actual VBWR property will be released for unrestricted use, the site boundary will not change and points of exposure for a potential receptor will not change.
Completion of the EVESR license amendment, and this exemption of the VBWR from the requirement to meet the license termination standard in 10 CFR 20, Subpart E, will enable the VBWR license to be terminated. The final decommissioning of the VBWR building will occur coincident with the final decommissioning and license termination of the EVESR facility. The termination of the EVESR license must be completed by April 15, 2030, in accordance with the requirement in 10 CFR 50.82(a)(3) for power reactors to terminate their licenses within 60 years of the permanent cessation of operations.
This request was preceded by a license amendment request to approve the LTP for the VBWR license. The LTP provided details about the radiological status of the reactor facility, the remaining decommissioning tasks to be completed, and the plan for termination of the VBWR license. The NRC requested public comments on VBWR's LTP and held a public meeting to discuss the LTP. (See 89 FR 42510; 5/15/2024). There were no public comments received on the LTP. The NRC also published an Environmental Assessment and Finding of No Significant Impact on the LTP. (See 89 FR 83521; 10/16/2024). The NRC approved the LTP amendment on November 27, 2024 (ML24304B039).
This request was also preceded by transfers of ownership of the VBWR license. On October 22, 2007, license DPR-1 amendment 21 was issued, transitioning ownership of the VBWR from General Electric Company (GE) to General Electric Hitachi, LLC (GEH). By order dated April 25, 2024 (ADAMS Accession No. ML24039A011) the NRC approved the direct transfer of ownership of the Vallecitos Nuclear Center (VNC), including all NRC licensed facilities, from GEH to NSV. The sale of the VNC facilities from GEH to NSV closed on March 14, 2025 (ADAMS Accession No. ML24053A060) and is complete.
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1.2 Background
The VBWR was a boiling water reactor located at the VNC, in Sunol, California and is licensed as a power reactor under 10 CFR Part 50. The U.S. Atomic Energy Commission (AEC) issued GE a license to construct and operate the VBWR on May 14, 1956. The AEC issued Developmental Power Reactor (DPR) license number 1 (DPR-1) to GE on August 31, 1957.
The VBWR attained full power on October 19, 1957, and ceased operations on December 9, 1963. GE defueled the VBWR on December 24th that same year. The AEC issued GE a license to possess but not operate the VBWR reactor on September 9, 1965. The AEC issued GE an order to dismantle the VBWR on July 25, 1966; however, major dismantlement activities at the VBWR did not occur until the years 2007-2008 with the removal of most of the contaminated equipment and components. GEH notified the NRC by letter dated March 25, 2024 (ADAMS Accession No. ML24085A792) that the reactor vessel, the last remaining component of the VBWR reactor, was removed from the VBWR reactor building and shipped offsite for disposal.
The VBWR is co-located in an approximate 3.2-acre area within the larger VNC site referred to as the 300 Area along with the EVESR, license No. DR-10. The VBWR license stipulates that the facility is to be possessed in the condition described in the Final Report on Deactivation of Vallecitos Boiling Water Reactor (Deactivation Report), dated February 5, 1965, (ADAMS Accession No. ML20028F477). The Deactivation Report includes details of certain equipment and facilities that were at that time transferred to the authority of the EVESR license. The VBWR license retained the following: 1) Reactor enclosure and contents; 2) Stack (since demolished); 3) Valve pit between the turbine and reactor buildings (located adjacent to the VBWR containment with piping and components having been removed); 4) Some wastewater and makeup water equipment and air lines (since removed for disposal); and 5) The reactor feed pumps and instrument air compressor located in the turbine building (since removed for disposal). Except for the VBWR ventilation system abutting the VBWR containment, no separate structures external to the VBWR reactor building remain under the authority of the VBWR license.
The VBWR facility is therefore defined, for the purposes of this safety evaluation, as the reactor enclosure, its remaining contents, and VBWR-specific plant components adjacent to the reactor enclosure, all of which have now been transferred to the EVESR license. In summary, the VBWR reactor enclosure, the VBWR valve pit, and the VBWR ventilation system, and all associated residual radioactivity on the VBWR/EVESR 3.2-acre site area, whether from VBWR or EVESR operations, is now under the EVESR license.
Therefore, with the completion of the proposed transfer of the VBWR facility to the authority of the EVESR license, as described in the VBWR License Termination Plan (LTP), a final status survey plan (FSSP) that covers the VBWR facility, the EVESR facility and the 3.2 acre VBWR/EVESR site area and that addresses compliance with the radiological release criteria for license termination, is no longer necessary for the VBWR site and will, instead, be submitted and reviewed as part of the EVESR license termination request.
2.0 EXEMPTION REQUEST EVALUATION Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50: (1) when the exemptions are authorized by law, will not present an undue risk to public health and safety, and are consistent with the common defense and security, and (2) when special circumstances are
4 present. Special circumstances exist, in part, when application of the regulation in the particular circumstance would not serve the purpose of the rule or is unnecessary to achieve the underlying purpose of the rule (10 CFR 50.12(a)(2)(ii)).
2.1 Specific Exemption from 10 CFR 50.82(a)(11)(ii)
The purpose of 10 CFR 50.82, which includes 10 CFR 50.82(a)(11)(ii), is to ensure that any residual radioactivity associated with licensed activity is within the radiological release requirements of 10 CFR 20, Subpart E, to terminate a license. Compliance with the decommissioning and license termination rules of 10 CFR 20 and 50 ensures adequate protection of the public and the environment from any residual radioactivity remaining at the facility and site at the time of license termination.
In Attachment A to their letter dated February 3, 2025, NSV requested an exemption pursuant to 10 CFR 50.12 from the criteria of 10 CFR 50.82(a)(11)(ii) requiring a power reactor licensee to conduct a final radiation survey and provide associated documentation to demonstrate the decommissioning criteria in 10 CFR 20, Subpart E have been met before a license can be terminated.
In Attachment A to their letter, NSV discussed how the requested exemption meets the criteria in 10 CFR 50.12(a)(1) and (a)(2):
Authorized by Law According to Attachment 1, Section 2(a), of the VBWR license termination request letter, because 10 CFR 50.12 allows the NRC to grant exemptions from the requirements of 10 CFR Part 50, including the requirements of 10 CFR 50.82(a)(11)(ii), the proposed exemption is authorized by law.
Will Not Present Undue Risk to Public Health and Safety According to NSV, the exemption will not present an undue risk to public health and safety because the requested exemption does not create a new accident precursor or result in an increase in the probability of any postulated accident, an increase in the consequences of postulated accidents, or any change to the types or amounts of effluents that may be released offsite or be allowed to remain on site since the in situ radioactive material will be transferred to the authority of the EVESR license. In addition, implementation of this exemption request would not result in an increase of cumulative occupational or public doses for the site. Therefore, the requested exemption does not result in undue risk to public health and safety.
Consistent with Common Defense and Security In Attachment 1, Section 2(c), the licensee stated that the Exemption is consistent with the common defense and security, of the VBWR License Termination Letter, because the requested exemption does not alter the scope or implementation of the NorthStar Vallecitos Physical Security Plan and does not affect any other requirements related to the security of the facility. Therefore, the common defense and security is not impacted by the requested exemption.
Special Circumstances According to Attachment 1, Section 2(d), Special Circumstances, pursuant to 10 CFR 50.12(a)(2), the NRC may grant an exemption if the licensee satisfies at least one of several enumerated special circumstances. In this regard, the licensee explained that the special circumstance is that the application of 10 CFR 50.82(a)(11)(ii), that the final radiation
5 survey and associated documentation demonstrate that the facility and site have met the criteria for decommissioning in 10 CFR part 20, subpart E, is unnecessary to achieve the underlying purpose of the rule, which is to provide for decommissioning and license termination consistent with the intent of the NRCs regulations and in a manner protective of public health and safety.
Their basis for this statement is that the EVESR license will assume complete responsibility for the concurrent decommissioning of both the current VBWR and EVESR licensed areas.
2.2 NRC Evaluation of Specific Exemption from 10 CFR 50.82(a)(11)(ii)
The NRC staff reviewed the licensees request for exemption from the requirements of 10 CFR 50.82(a)(11)(ii) against the 10 CFR 50.12 criteria. Because the remaining VBWR residual radioactivity is now covered under the EVESR license held by NSV, it will be subject to the requirements of 10 CFR 50.82(a)(11)(ii) when the EVESR is decommissioned. Full decommissioning of the VBWR will occur with the final decommissioning of the co-located EVESR which is planned for April 2030. Because there is no facility, radioactive components, or residual radioactivity remaining on the VBWR license, the NRC staff agrees with the licensees assessment that the requested exemption does not (1) create a new accident precursor or increase the probability or consequence of postulated accidents, (2) change the type or amount of effluents released or allowed to remain on site, or (3) result in an increase of cumulative occupational or public dose. The remaining VBWR facility, radioactive components, and residual radioactivity that was under the VBWR license has been transferred to the EVESR license. Because nothing remains under the VBWR license, this exemption will not present an undue risk to public health and safety.
In addition, NRC staff concludes that this request is authorized by law as there is no statutory or regulatory bar to this request. Staff have also determined that this request is consistent with the common defense and security as this request does not affect any other requirements related to the security of the facility.
Accordingly, the NRC staff has determined that, pursuant to 10 CFR 50.12(a), the exemptions evaluated above are authorized by law, will not present an undue risk to public health and safety, and are consistent with the common defense and security. In addition, pursuant to 10 CFR 50.12(b) special circumstances are present. Specifically, the NRC staff finds that the licensees requested exemptions continue to meet the underlying purpose of the license termination criteria in 10 CFR 50.82(a)(11)(ii) as the VBWR facility has been transferred to the co-located EVESR license and an FSSP that covers both the VBWR and EVESR facilities will be submitted and reviewed for compliance with the radiological release criteria for license termination upon termination of the EVESR license.
3.0 LICENSE TERMINATION REQUEST EVALUATION The 10 CFR 50.82(a)(11) requirements to terminate a power reactor license are as follows:
The Commission shall terminate the license if it determines that (i)
The remaining dismantlement has been performed in accordance with the approved license termination plan, and (ii)
The final radiation survey and associated documentation, including an assessment of dose contributions associated with parts released for use before approval of the license termination plan, demonstrate that the facility and site have met the criteria for decommissioning in 10 CFR part 20, subpart E.
6 3.1 Dismantlement Activities As described in the VBWR LTP, the only remaining major dismantlement activity for the VBWR was reactor vessel removal and packaging, which had already been completed at the time of the LTP review pursuant to 10 CFR 50.59 and documented in NRC Inspection Report 050-00018/2023-002, 050-00070/2023-002, AND 050-00183/2023-002 (ADAMS Accession No. ML23362A083). The letter requesting license termination confirmed this, stating that the actions identified in the LTP, which primarily involved the removal of the VBWR reactor vessel, have been completed and any further decommissioning of the VBWR site will be performed under the EVESR license.
3.2 Final Radiation Survey and Associated Documentation VBWR LTP sections 5.0, Final Status Survey, and 6.0, Compliance with the Radiological Criteria for License Termination, described the licensees approach to FSS and FSS Report documentation for license termination. In summary, the licensee planned, and submitted, this request for an exemption from 10 CFR 50.82(a)(11)(ii) requiring that the VBWR meet the requirements for release according to 10 CFR Part 20, Subpart E. In support of that exemption request, the licensee also submitted a license amendment request to transfer the remaining VBWR facility and its in-situ residual radioactivity to the authority of the EVESR DR-10 license.
The staff approved the license amendment request on August 19, 2025 (ADAMS Package Accession No. ML25199A084). Because of this, a final status survey and associated documentation will be addressed as part of the decommissioning activities for EVESR and will include a discussion on how the license termination for EVESR and release of the 300 Area will meet the requirements of 10 CFR 50.82(a)(11) for EVESR and the remaining transferred VBWR facilities.
4.0 NRC INSPECTIONS AND CONFIRMATORY SURVEYS NRC inspectors performed multiple inspection activities of the VNC, which includes the VBWR site, throughout the decommissioning process. NRC inspection reports dated December 12, 2022 (ADAMS Accession No. ML22339A174), May 5, 2023 (ADAMS Accession No. ML23122A291), January 9, 2024 (ADAMS Accession No. ML23362A083), May 24, 2024 (ADAMS) Accession No. ML24143A190), and October 29, 2024 (ADAMS Accession No. ML24299A239) documented inspections of the VBWR decommissioning and survey activities after the site transitioned from SAFSTOR condition to DECON. During these inspections, evaluated areas included:
Adequacy of controls for decommissioning activities and radiological work areas at the site The appropriate tracking of decommissioning cost planning and assessment Verification of whether the licensee was conducting decommissioning activities in accordance with regulatory and license requirements Physical status of the site through site tours Significant decommissioning events, such as the VBWR reactor vessel removal Licensee decommissioning staffing, qualifications, and organization Implementation of the corrective action program in accordance with regulatory requirements
7 Maintenance of an adequate 10 CFR 50.59 safety review process associated with decommissioning changes and work activities Maintenance of an adequate decommissioning file as required by 10 CFR 50.75(g)
Overall, the inspectors found the licensee was implementing decommissioning and radiological work activities in accordance with license and regulatory requirements. As described in the VBWR LTP and Termination Letter, because the licensee is requesting exemption from 10 CFR 50.82(a)(11)(ii) and final status surveys will be conducted as part of the decommissioning of the EVESR, inspectors observed neither final status survey nor confirmatory activities.
5.0 ENVIRONMENTAL EVALUATION 5.1 Specific Exemption from 10 CFR 50.82(a)(11)(ii) Categorical Exclusion The applicant stated that there are no significant environmental impacts associated with the proposed action. The applicant explained that the proposed exemption does not:
involve a significant hazards consideration, change the types or increase the effluents released offsite, increase the occupational or public radiation exposure, involve any construction or other ground disturbing activities, increase the potential for or consequences from radiological accidents.
The applicant also stated that the requirements from which the exemption is sought involves Scheduling. Therefore, the applicant asserted that the proposed exemption satisfies the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25).
Since the proposed exemption would essentially only allow for a schedule change as to when the release criteria of 10 CFR 20.1402 is satisfied, the exemption neither impacts facility operations, physically alters the facility nor affects structures, systems, and components. The requirement for a final status survey and associated documentation, which is the subject of the exemption request, will now be performed when the collocated EVESR license is terminated.
Therefore, the NRC finds that the exemption involves no significant hazards because the proposed exemption would not significantly increase the probability or consequences of a previously evaluated accident, would not create the possibility of a new or different kind of accident from any previously evaluated accident and would not significantly reduce any margin of safety. Additionally, the NRC has determined that granting the proposed exemption will not change either the type or the cumulative amount of either liquid or air effluents released because all special nuclear material and used nuclear fuel has been removed and because the exemption neither impacts facility operations, physically alters the facility nor affects structures, systems, and components. The NRC has also determined that granting the proposed exemption will increase neither occupational nor public radiation exposure since all decontamination and dismantlement activities under the VBWR LTP have been completed, and final decommissioning of the VBWR building will occur under the EVESR LTP. Therefore, termination of the VBWR license involves neither construction nor ground disturbing activities.
At the time of LTP submittal, the VBWR reactor vessel had been removed, and as stated previously, all special nuclear material and used nuclear fuel has been removed. As a result, neither the potential for nor the consequences from radiological accidents will increase. Finally, the NRC finds that this exemption provides relief from scheduling requirements as the final
8 status surveys will be conducted at a later date, upon termination of the EVESR license, and that license now covers all residual radioactivity previously associated with the VBWR license.
Consequently, the NRC finds that the request satisfies the categorical exclusion criteria in 10 CFR 51.22(c)(25).
5.2 License Termination Environmental Assessment and FONSI Pursuant to 10 CFR 51.21, 51.32, and 51.35, the NRC published an environmental assessment (EA) and Finding of No Significant Impact (FONSI) in the Federal Register on October 16, 2024 (89 FR 83521) for approval of the VBWR LTP. The EA described the potential environmental effects (both radiological and non-radiological) from the decision to approve the VBWR LTP.
The approved LTP outlined the decommissioning process for terminating the VBWR license. By obtaining an exemption to 50.82(a)(11)(ii) and transferring the VBWRs remaining residual radiological contamination to the EVESR license, the licensee is following the decommissioning process outlined in the VBWR LTP, and therefore, additional environmental evaluations are not required.
6.0 EVALUATION OF THE NEED FOR NRC/EPA LEVEL 2 CONSULTATION The NRC and the EPA entered into a Memorandum of Understanding (MOU) for Consultation and Finality on Decommissioning and Decontamination of Contaminated Sites on October 9, 2002 (ADAMS Accession No. ML022830208). The MOU provides that, unless an NRC-licensed site exceeds any of three trigger criteria contained in the MOU, the EPA agrees to a policy of deferral to the NRC for decisions on decommissioning, without the need for consultation. For sites that trigger the criteria in the MOU, the NRC will consult with the EPA at two potential points in the decommissioning process: (1) prior to NRC approval of the licensees LTP or Decommissioning Plan, which the NRC terms Level 1 consultation; and (2) following completion of the FSS, which the NRC terms Level 2 consultation.
Because the VBWR LTP did not propose any DCGL soil concentrations, there was no basis for comparison of DCGLs to MOU trigger values at this time. Furthermore, the licensee is not requesting restricted or alternate release. Finally, as stated in the VBWR LTP, samples to date have not indicated any contribution to groundwater radioactivity levels attributable to VBWR or EVESR; therefore, there are no known radionuclide groundwater concentrations in excess of maximum contaminant levels. Therefore, NRC did not engage in a Level 1 consultation with EPA on the MOU for this license termination request. Similarly, because the licensee requested an exemption from 10 CFR 50.82(a)(ii), and did not need to submit an FSS, the NRC did not engage in a Level 2 consultation with EPA on the MOU at this time.
7.0 STATE CONSULTATION
In accordance with the Commissions regulations, the NRC notified the State of California of the NRCs planned approval of the license termination and exemption request for the VBWR license on July 21, 2025 (ADAMS Accession No. ML25230A087). The NRC requested comments by August 15, 2025. The State of California did not provide any comments.
8.0 CONCLUSION
The requirements at 10 CFR 50.82(a)(11) establish the criteria to be used by the NRC for terminating all or portions of the license of a power reactor facility that has an approved LTP.
These criteria include: (i) dismantlement has been performed in accordance with the approved
9 LTP, and (ii) the final radiation survey and associated documentation demonstrate that the facility and site have met the criteria for decommissioning in 10 CFR Part 20, Subpart E.
The NRC staff reviewed the licensees request for license termination and concluded that because all dismantlement activities under the VBWR license have been completed, and any further decommissioning of the VBWR will be performed under the EVESR license, the licensee has demonstrated compliance with 10 CFR 50.82(a)(11)(i).
In addition, based on NRCs evaluation in Section 2.2 of this SER granting the licensees request for exemption from 10 CFR 50.82(a)(11)(ii), the licensee has been exempted from the requirement to have a final status survey demonstrate compliance with 10 CFR Part 20, Subpart E. Instead, the licensee will be required to conduct a final radiation survey and submit a FSSP as part of the decommissioning activities for EVESR to demonstrate that the entire facility meets the criteria for license termination in 10 CFR 20, Subpart E.
Therefore, the NRC finds the licensees request that the VBWR license be terminated to be acceptable and License No. DPR-1 is hereby terminated.
Contributors Nate Fuguet, NMSS Cynthia Barr, NMSS Jack D. Parrott, NMSS