ML26054A238

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Ltr. to President D. Dotson S106 Oyster Creek Tribal Letters
ML26054A238
Person / Time
Site: Oyster Creek
Issue date: 03/03/2026
From: Stephen Koenick
NRC/NMSS/DREFS/ETRB1
To: Dotson D
Delaware Nation
References
Download: ML26054A238 (0)


Text

Deborah Dotson, President Delaware Nation PO Box 825 Anadarko, OK 7300

SUBJECT:

UPDATED SECTION 106 CONSULTATION FOR THE ENVIRONMENTAL REVIEW OF THE OYSTER CREEK NUCLEAR GENERATING STATION LICENSE TERMINATION PLAN APPLICATION (DOCKET NUMBER:

05000219)

Dear President Deborah Dotson:

The U.S. Nuclear Regulatory Commission (NRC) staff is conducting an environmental review for a license amendment requesting approval of a license termination plan (LTP) for Oyster Creek Nuclear Generating Station (OCNGS) submitted by Holtec Decommissioning International, LLC (HDI) on August 1, 2024, pursuant to Title 10 of the Code of Federal Regulations Part 50, Domestic Licensing of Production and Utilization Facilities. OCNGS is located at 741 Route 9, South Forked River, New Jersey. Approval of the LTP would result in the release of a majority of the OCNGS site for unrestricted use once the criteria in 10 CFR 20.1402, Radiological criteria for unrestricted use, are met. A small portion of the site used for the dry storage of spent nuclear fuel (also known as an independent spent fuel storage installation) would remain under the NRC license for restricted use. The NRC staff is currently reviewing the LTP application.

The application is available through the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible at https://www.nrc.gov/reading-rm/adams.html#web-based-adams. The supplement to the environmental report portion of the application can be found in the LTP, Revision 2 (dated December 2025) listed under ADAMS ML25345A095. Specifically, a discussion of historic and cultural resources can be found in Section 8.8.13.

As stated in previous correspondence, and in accordance with Title 36 of the Code of Federal Regulations (36 CFR) Section 800.8(c), the NRC is complying with Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), through the National Environmental Policy Act of 1969, as amended, process.

Based on its cultural resources review, including a historic architectural inventory submitted by HDI (see enclosed; ML25345A158), the NRC made a preliminary determination of No Adverse Effect pursuant to 36 CFR 800.5(b). The NRC staff consulted with the New Jersey State Historic Preservation Officer (NJ SHPO) on this determination of effect and to verify that the historic architectural inventory satisfied applicable NJ SHPO requirements (ML25351A266). The NJ SHPO did not concur with the NRC staffs preliminary determination and instead suggested that the OCNGS was National Register of Historic Places (NRHP)-eligible under Criterion A and provided a list of resources that contribute to that eligibility (ML26026A103); the NJ SHPO also March 3, 2026

D. Dotson 2

identified additional information for submittal (see enclosed; ML26058A164). Based on the preliminary consultation between the NRC staff and NJ SHPO, the NRC staff has revised its determination such that the OCNGS is NRHP-eligible under Criterion A; contributing resources include the reactor/turbine building complex, old rad waste building, diesel generator building, canal and intake structure, electrical substation west of the canal (outside the area of potential effects [APE]), and auxiliary reservoir (outside the APE). Further, the NRC finds that the undertaking would have an Adverse Effect to historic properties, pursuant to 36 CFR 800.5(d)(2).

Due to the nature of the undertaking, and in discussion with the NJ SHPO, the NRC staff have concluded that a Memorandum of Agreement, pursuant to 36 CFR 800.6(b)(iv), is the appropriate means by which to resolve adverse effects. The NRC staff continues to consult with the NJ SHPO and other consulting parties (four federally recognized Tribes

[ML25212A148], two of which declined further involvement; and three state recognized Tribes

[ML25212A173]), and will continue public involvement pursuant to 36 CFR 800.6(a)(4) and 36 CFR 800.8(c). In compliance with 36 CFR 800.6(a)(1), the NRC staff has notified the Advisory Council on Historic Preservation of the finding of adverse effect.

Please provide your response to the NRC staffs revised determinations of eligibility and effect within 15 days.

If you have any questions concerning the NRCs NHPA Section 106 consultation, please contact Beau Goldstein, Staff Archaeologist, by phone at 301-415-1765 or via email at Beau.Goldstein@nrc.gov or Patrick Donohue, Environmental Project Manager, by phone at 301-415-5237 or via email at Patrick.Donohue@nrc.gov.

Sincerely, Stephen Koenick, Acting Chief Environmental Technical Review Branch 1 Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 05000219 Enclosures (via email):

1.

Architectural Inventory Report 2.

Supplement to the Architectural Inventory Report cc: Katelyn Lucas, THPO klucas@delawarenation-nsn.gov GovDelivery Smith, Theodore signing on behalf of Koenick, Stephen on 03/03/26

ML26054A238

  • concurred via email OFFICE NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS NAME BGoldstein AWalker-Smith PDonohue SKoenick DATE 02/23/2026 02/23/2026 02/23/2026 03/03/2026