ML25346A221
| ML25346A221 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  (DPR-005, DPR-026, DPR-064) |
| Issue date: | 02/04/2026 |
| From: | Marlayna Vaaler Doell Reactor Decommissioning Branch |
| To: | Fleming J Holtec |
| References | |
| EPID L-2025-LLN-0011 | |
| Download: ML25346A221 (0) | |
Text
Jean Fleming Vice President, Licensing, Regulatory Affairs, and PSA Holtec International, LLC Krishna P. Singh Technology Campus 1 Holtec Boulevard Camden, NJ 08104
SUBJECT:
INDIAN POINT ENERGY CENTER - TERMINATION OF STANDALONE PREEMPTION AUTHORITY UNDER SECTION 161A OF THE ATOMIC ENERGY ACT (EPID L-2025-LLN-0011)
Dear Jean Fleming:
The U.S. Nuclear Regulatory Commission (NRC, the Commission) has approved the requested license amendment to terminate the standalone preemption authority granted under Section 161A of the Atomic Energy Act of 1954, as amended, for the Indian Point Energy Center (IPEC), including Units 1, 2, and 3. This action is in response to the application submitted by Holtec Decommissioning International (HDI, the licensee), dated July 23, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25231A152). The Notice of Application for Amendment was published in the Federal Register on December 2, 2025 (90 FR 55321).
The application requested termination of the Commissions preemption authority applicable to certain firearms and devices previously authorized for use at IPEC, including handguns, high-capacity magazines, and AR-15 semi-automatic rifles. HDI stated that these weapons are no longer needed to protect the IPEC site, which has transitioned to decommissioning status and now operates under the Indian Point Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards Contingency Plan, Revision 2 (ISFSI-O PSP).
The NRC staff reviewed HDIs request and supporting documentation, including the ISFSI-O PSP, and determined that the weapons previously covered by standalone preemption authority are no longer held or maintained at IPEC and have been transferred off-site in accordance with applicable State and federal regulations. The staff concluded that the ISFSI-O PSP adequately meets the requirements of Section 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage, of Title 10 of the Code of Federal Regulations (10 CFR) and relevant NRC Orders, and that the termination of preemption authority will not adversely affect public health and safety or the common defense and security.
Accordingly, the NRC has determined that the termination of standalone preemption authority at IPEC is justified and appropriate. The license amendment is effective upon issuance of this letter.
February 4, 2026
J. Fleming A copy of the related safety evaluation (ADAMS Accession No. ML25273A359) is also enclosed. A Notice of Issuance will be included in the Commissions monthly Federal Register notice.
In accordance with Title 10 of the Code of Federal Regulations 2.390, Public inspections, exemptions, requests for withholding, of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC website at https://www.nrc.gov/reading-rm/adams.html.
In accordance with the Commissions regulations, the New York State officials were notified of the proposed issuance of the amendment on January 28, 2026. The NRC did not receive any comments from the State.
If you have any questions concerning the above, please contact me at (301) 415-3178 or by e-mail to Marlayna.Doell@nrc.gov.
Sincerely, Marlayna Doell, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos.50-003, 50-247, 50-286,72-051
Enclosures:
- 1. Amendment No. 69 to DPR-5
- 2. Amendment No. 302 to DPR-26
- 3. Amendment No. 278 to DPR-64
- 4. Safety Evaluation cc w/enclosures: Indian Point ListServ Signed by Doell, Marlayna on 02/04/26
J. Fleming
SUBJECT:
INDIAN POINT ENERGY CENTER - TERMINATION OF STANDALONE PREEMPTION AUTHORITY UNDER SECTION 161A OF THE ATOMIC ENERGY ACT (EPID L-2025-LLN-0011) DATED February 4, 2026 DISTRIBUTION:
Public RidsACRS_MailCTR Resource RidsNmssDuwpRdb RidsRgn1MailCenter Resource D. Garner, NSIR ADAMS Accession Number: ML25346A221
- via email OFFICE NMSS/DUWP NMSS/DUWP NMSS/DUWP NMSS/DUWP NAME OFont MDoell MSutherland MDoell DATE 02/03/2026 02/03/2026 02/04/2026 02/04/2026 OFFICIAL RECORD COPY ATTACHMENT TO LICENSE AMENDMENT NO. 69 INDIAN POINT NUCLEAR GENERATING UNIT NO. 1 AMENDMENT TO PROVISIONAL OPERATING LICENSE NO. DPR-05 DOCKET NO.50-003 Replace the following page of Provisional Operating License No. DPR-05 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.
REMOVE INSERT Page 3 Page 3 Amendment No. 69 4.
Deleted 5.
Deleted 6.
Deleted:
(a)
Deleted (b)
Provisional Trust (i)
The provisional trust agreement must be in a form acceptable to the NRC.
(ii)
Investments in the securities or other obligations of Holtec International or its affiliates, subsidiaries, successors, or assigns are and shall be prohibited. Except for investments tied to market indexes or other non-nuclear-sector mutual funds, investments in any entity owning one or more nuclear power plants are and shall be prohibited.
(iii)
The provisional trust agreement must provide that no disbursements or payments from the trust, other than for ordinary administrative expenses, shall be made by the trustee unless the trustee has first given the Director of the Office of Nuclear Reactor Regulation 30 days prior written notice of payment. The provisional trust agreement shall further contain a provision that no disbursements or payments from the trust shall be made if the trustee receives prior written notice of objection from the NRC.
(iv)
The provisional trust agreement must provide that the agreement cannot be amended in any material respect, or terminated, without 30 days prior written notification to the Director of the Office of Nuclear Reactor Regulation.
(v)
The appropriate section of the provisional trust agreement shall state that the trustee, investment advisor, or anyone else directing the investments made in the trust shall adhere to a "prudent investor" standard, as specified in 18 CFR 35.32(a)(3) of the Federal Energy Regulatory Commission's regulations.
(vi)
Use of assets in the provisional trust, in the first instance, shall be limited to the expenses related to decommissioning IP1 or IP2 as defined by the NRC in its regulations and issuances, and as provided in this license and any amendments thereto.
ATTACHMENT TO LICENSE AMENDMENT NO. 302 INDIAN POINT NUCLEAR GENERATING UNIT NO. 2 AMENDMENT TO RENEWED FACILITY LICENSE NO. DPR-26 DOCKET NO. 50-247 Replace the following page of Renewed Facility License No. DPR-26 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.
REMOVE INSERT Page 5 Page 5 Amendment No. 302 ENTIRE PAGE DELETED ATTACHMENT TO LICENSE AMENDMENT NO. 278 INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 RENEWED FACILITY LICENSE NO. DPR-64 DOCKET NO. 50-286 Replace the following page of Renewed Facility License No. DPR-64 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the area of change.
REMOVE INSERT Page 4 Page 4 Amendment No. 278 ENTIRE PAGE DELETED 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 1.
INTRODUCTION By letter dated July 23, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25231A152) (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).
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).
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.
2.0 REGULATORY REQUIREMENTS 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.
Section 161A became effective on September 11, 2009, when the Commission, with the
2 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).
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.
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.
As described above, by letter dated January 5, 2016, IPEC stand-alone preemption authority was approved under Section 161A (ML14259A218).
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.
3.0 TECHNICAL EVALUATION
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.
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.
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.
3 As described above, HDI stated the weapons previously covered by stand-alone preemption 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.
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.
4.0 CONCLUSION
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.
5.0 REFERENCE MATERIALS (1) Letter dated July 23, 2025, LAR to terminate the IPEC stand-alone preemption authority (ML25231A152).
(2) Letter dated January 5, 2016, granting IPEC stand-alone preemption authority (ML14259A218).
(3) Indian Point Independent Spent Fuel Storage Installation-Only Security, Training and Qualification, and Safeguards Contingency Plan, Revision 2 (SLES: NS126172).
(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).
4 (5) 10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.
(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).
(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).
(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