ML25273A359
| ML25273A359 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/13/2026 |
| From: | Doug Garner, Sallman H NRC/NSIR/DPCP/MSB |
| To: | |
| References | |
| Download: ML25273A359 (0) | |
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Page 1 of 4 SAFETY EVALUATION REPORT BY THE OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE RELATED TO INDIAN POINT ENERGY CENTER LICENSE AMENDMENT REQUEST TO TERMINATE NUCLEAR REGULATORY COMMISSION PREEMPTION AUTHORITY (EPID L-2025-LLN-0011)
DOCKET NOs.50-003, 50-247,05-286, 72-051 (U) 1. INTRODUCTION (U) By \
letter dated July 23, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25204A235) (Reference 1), Holtec Decommissioning International (HDI) requested U.S. Nuclear Regulatory Commission (NRC) review and approval of a license amendment to terminate the Indian Point Energy Center (IPEC) stand-alone preemption authority, in accordance with the provisions of Title 10 of the Code of Federal Regulations (10 CFR) 50.90, and 10 CFR 73.15(r)(1)(i). IPECs request for enhanced weapons authority under Section 161A of the Atomic Energy Act of 1954, as amended (AEA), was originally approved on January 5, 2016 (ML14259A218) (Reference 2).
(U) In its submittal, HDI stated that the IPEC facility license currently contains conditions for standalone preemption authority applicable to firearms and devices previously in use at IPEC, which include handguns, high-capacity magazines, and AR-15 semi-automatic rifles. However, the weapons that were owned and possessed are no longer needed to protect the IPEC. The IPEC reactor units are undergoing decommissioning, all spent fuel has been moved into dry cask storage, and the security posture at the site has transitioned to the Indian Point Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards Contingency Plan, Revision 2. (ISFSI-O PSP) (NRC Secure LAN/Electronic Safe (SLES): NS126172) (Reference 3).
(U) HDI stated the weapons previously covered by stand-alone preemption authority are no longer held or maintained at IPEC and have been transferred off-site in accordance with applicable State and federal ATF regulations. Therefore, HDI is requesting NRC to terminate standalone preemption authority for Indian Point, Unit 1 (IP1), Indian Point, Unit 2 (IP2), and Unit 3 (IP3), respectively..
(U) 2.0 REGULATORY REQUIREMENTS (U) Section 653 of the Energy Policy Act of 2005, Public Law 109-58 (119 Stat. 811), added Section 161A (42 U.S.C. § 2201a) to the AEA. Section 161A confers upon the Commission the authority to permit the security personnel of designated NRC-licensed facilities or certificate holders to transfer, receive, possess, transport, import, and use certain firearms and devices that were not previously permitted to be owned or possessed under Commission authority, notwithstanding local, State, or certain Federal firearms laws, including regulations, that prohibit such actions.
(U) Section 161A became effective on September 11, 2009, when the Commission, with the
Page 2 of 4 (U) approval of the Attorney General, published the "Notice of Issuance of Guidelines on Use of Firearms by Security Personnel; Notice of Effective Date of Statute" in the Federal Register (74 FR 46800), hereafter referred to as the "firearms guidelines." These firearms guidelines were subsequently revised on June 25, 2014 (79 FR 36100).
(U) On June 5, 2013, the NRC issued Enforcement Action (EA)13-092, "Order Designating an Interim Class of NRC-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended" (ML13121A459) (Reference 4), hereafter referred to as "the designation order." The designation order accomplishes the following: (1) designates an interim class of NRC-licensed facilities as eligible to apply for Section 161A preemption authority; (2) provides a process through which the licensee of each designated facility may apply for Section 161 A preemption authority; (3) outlines the type of information that must be addressed in an application for Section 161A preemption authority; and (4) requires the licensee of each designated facility to subject all personnel who have, or will have, access to covered firearms and devices in the performance of official duties, to a firearms background check as specified in Section 161A.c.
(U) The designation order requires, in part, that applications must be submitted to the NRC for review and approval under the provisions of 10 CFR 50.90, and that the licensee of each designated facility notify the NRC in writing when a sufficient number of firearms background checks have been completed to staff the facility security organization.
(U) As described above, by \
letter dated January 5, 2016, IPEC stand-alone preemption authority was approved under Section 161A (ML14259A218).
(U) Subject to the provisions of 10 CFR 73.15(r)(1)(i), licensees seeking to terminate stand-alone preemption authority must apply to the NRC in writing, under oath or affirmation, in accordance with 10 CFR 73.4.
(U)
3.0 TECHNICAL EVALUATION
(U) In its submittal, HDI stated that it is requesting removal of preemption authority at IPEC because the weapons owned and possessed under Section 161A of the AEA are no longer needed to protect the IPEC following the transition to the ISFSI-O PSP Revision 2.
(U) In considering HDIs LAR, the NRC staff reviewed the ISFSI-O PSP Revision 2. The staff determined that the plan adequately meets the requirements of 10 CFR 73.55 (Reference 5),
NRC Order EA-03-097 (Reference 6) and NRC Order EA-04-081 (Reference 7). The staff noted that ISFSI-O PSP Revision 2 adequately describes the weapons used to implement ISFSI-O PSP Revision 2, and no weapons previously covered by the approved IPEC stand-alone preemption authority under Section 161A of the Atomic Energy Act of 1954 are included in the commitments contained in ISFSI-O PSP Revision 2.
(U) The staff reviewed NRC Regulatory Guide 5.86, Revision 1, Preemption Authority, Enhanced Weapons Authority, and Background Checks, (ML23299A173) (Reference 8).
Regulatory Guide 5.86, describes how licensees may seek modifications to or termination of their Section 161A authority from the NRC.
(U) As described above, HDI stated the weapons previously covered by stand-alone preemption
Page 3 of 4 (U) authority under Section 161A of the Atomic Energy Act of 1954 are no longer held or maintained at IPEC and have been transferred off-site in accordance with applicable State and Federal ATF regulations.
(U) Based on its review, the staff finds that HDI has demonstrated that the firearms previously covered by stand-alone preemption are no longer necessary for the physical protection of the IPEC ISFSI facility and the weapons have been adequately disposed of.
(U)
4.0 CONCLUSION
(U) Based on its review of the licensees request, supporting documentation, and the NRC-approved ISFSI-O PSP, Revision 2, the NRC staff concludes that the termination of stand-alone preemption authority at IPEC is justified and appropriate. Specifically, the staff finds:
- 1) HDI no longer requires stand-alone preemption authority, as the weapons previously maintained at IPEC under Section 161A of the AEA have been transferred off-site in accordance with applicable State and federal ATF regulations;
- 2) The IPEC ISFSI-O Revision 2 PSP adequately meets the requirements of 10 CFR 73.55, the requirements of NRC Order EA-03-097 and EA-04-081;
- 3) The weapons previously authorized under preemption authority are not included in the ISFSI-O PSP and are no longer necessary for the physical protection of the IPEC ISFSI;
- 4) Termination of preemption authority will not adversely affect public health and safety or the common defense and security;
- 5) There is reasonable assurance that licensed activities will continue to be conducted in compliance with the Commissions regulations; and
- 6) The issuance of the license amendment will not be inimical to the common defense and security or to the health and safety of the public.
U) 5.0 REFERENCE MATERIALS (U) (1) Letter dated July 23, 2025, LAR to terminate the IPEC stand-alone preemption authority (ML25204A235).
(U) (2) Letter dated January 5, 2016, granting IPEC stand-alone preemption authority (ML14259A218).
(U) (3) Indian Point Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards Contingency Plan, Revision 2 (SLES: NS126172).
(U) (4) Enforcement Action (EA)13-092 Order Designating an Interim Class of NRC-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended (ML13121A459).
(U) (5) 10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.
Page 4 of 4 (U) (6) NRC Order EA-03-097 Issuance of Order for the Implementation of Additional Security Measures Associated with Access Authorization for Indian Point Generating Station, August 18, 2004 (ML042570594).
(U) (7) NRC Order EA-04-081 Issuance of Order for the Interim Safeguards and Security Compensatory Measures for Indian Point Nuclear Generating Station, May 7, 2004.
(ML040750437)(SLES: NS10051-02).
(U) (8) U.S. Nuclear Regulatory Commission Regulatory Guide 5.86, Revision 1 (Date: April 2024), Preemption Authority, Enhanced Weapons Authority, and Background Checks.
(ML23299A173).
6.0 REVIEWED BY D. Garner/ H. Sallman
ML25273A359 OFFICE NSIR/DPCP/MSB NSIR/DPCP/MSB NAME DGarner JCuadrado-Caraballo DATE Nov 25, 2025 Dec 9, 2025