NRC-2025-0907, Comment (4) of Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station; License Termination Plan
| ML25318A253 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 10/14/2025 |
| From: | Forsberg B Save Barnegat Bay |
| To: | Office of Administration |
| References | |
| NRC-2025-0907, 90FR39433 00004 | |
| Download: ML25318A253 (1) | |
Text
PUBLIC SUBMISSION As of: 11/14/25, 1:04 PM Received: October 14, 2025 Status: Pending_Post Tracking No. mgq-w0fi-2hfb Comments Due: October 14, 2025 Submission Type: Web Docket: NRC-2025-0907 Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station Comment On: NRC-2025-0907-0001 Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station; License Termination Plan Document: NRC-2025-0907-DRAFT-0004 Comment on FR Doc # 2025-15535 Submitter Information Email:britta@savebarnegatbay.org Organization:Save Barnegat Bay General Comment See attached file(s)
Attachments SaveBarnegatBay_Comments_OysterCreek_LTP_NRC-2025-0907_10-14-2025 11/14/25, 1:04 PM NRC-2025-0907-DRAFT-0004.html file:///C:/Users/BHB1/Downloads/NRC-2025-0907-DRAFT-0004.html 1/1 SUNI Review Complete Template=ADM-013 E-RIDS=ADM-03 ADD: Amy Snyder, Sarah Achten, Michelle Sutherland, Mary Neely Comment (4)
Publication Date:
8/15/2025 Citation: 90 FR 39433
SAVE BARNEGAT
. BAY EXECUTIVE DIRECTOR Britta Forsberg West Creek BOARD CHAIR Ed Vienckowski New Egypt VICE CHAIR & TREASURER Andy Bess Bay Head SECRETARY Mary Judge Island Heights DIRECTORS Capt. Karl Anderson Beach Haven Karen Argenti Manchester Nick Guerriero Surf City Forrest Jennings Lacey Rob Mulloy Seaside Park Edwin C. O'Malley Brielle Joseph Rizzo Stafford Dr. Amy Williams Ship Bottom PRESIDENT EMERITUS William decamp Jr.
Mantoloking October 14, 2025 VIA ELECTRONIC SUBMISSION Docket ID NRC-2025-0907 U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C. 20555-0001 Email: hearingdocket@nrc.gov Re: Public Comments of Save Barnegat Bay on the Oyster Creek Nuclear Generating Station License Termination Plan and Proposed License Amendment Docket Nos. 50-219 and 72-15
Dear Secretary:
Please find enclosed the formal comments of Save Barnegat Bay (SBB) regarding the License Termination Plan (LTP) and Proposed License Amendment submitted by Holtec Decommissioning International, LLC (HDI) for the Oyster Creek Nuclear Generating Station (OCNGS) in Lacey Township, Ocean County, New Jersey.
These comments are submitted pursuant to the Federal Register notice published on August 15, 2025 (89 FR 63908) under Docket ID NRC-2025-0907.
Save Barnegat Bay is a regional nonprofit organization dedicated to protecting and restoring the Barnegat Bay watershed, which directly encompasses the Oyster Creek site. As the downstream receiving water body for surface and groundwater discharges from the facility, Barnegat Bay's ecological health is directly influenced by the NRC's decision on this License Termination Plan.
The attached document provides SBB's technical and policy-based comments concerning:
- The improper invocation of a categorical exclusion in lieu of a site-specific Environmental Assessment or Environmental Impact Statement;
Incomplete groundwater characterization and the need for transparent release of Technical Support Documents (TSDs);
The inadequacy of the industrial-use land scenario relative to the 10 CFR 20.1402 unrestricted-use standard; and The ecological legacy of the Oyster Creek facility and the need for full remediation and long-term monitoring to protect Barnegat Bay.
SBB respectfully requests that the NRC:
- 1.
Include these comments and supporting materials in the official administrative record for Docket ID NRC-2025-0907;
- 2.
Provide a formal written response to the issues raised herein as part of the final agency determination; and
- 3.
Notify SBB of any subsequent actions, hearings, or determinations related to this docket.
Thank you for your consideration of these comments and for your continued attention to the protection of New Jersey's coastal environment and communities.
Respectfully submitted, Britta Forsberg Executive Director Save Barnegat Bay (SBB) 117 Haines Road Toms River, NJ 08753 (732) 830-3600 www.savebarnegatbay.org
Enclosure:
Save Barnegat Bay Comments on the Oyster Creek Nuclear Generating Station License Termination Plan and Proposed License Amendment (October 14, 2025)
CC:
Senator Andy Kim Senator Cory Booker Congressman Chris Smith Congressman Jeff Van Drew NJ Senator Carmen Amato, Asm. Rumpf & Asm. Myhre NJ Senator James Holzapfel, Asm. McGuckin & Asm. Kanitra Senator Bob Smith
Ocean County Board of Commissioners NJDEP Commissioner Shawn M. LaTourette Lacey Township Mayor & Council Michele Donato, Esq.
Re: Holtec Decommissioning International, LLC (HDI) - Oyster Creek Nuclear Generating Station (OCNGS) License Termination Plan (LTP) and Proposed License Amendment Docket Nos. 50-219 and 72-15 Docket ID NRC-2025-0907 Federal Register Notice, 89 FR 63908 (August 15, 2025)
Comment Deadline: October 14, 2025 Introduction and Standing Save Barnegat Bay (SBB) submits these comments as a regional nonprofit organization dedicated to protecting and restoring Barnegat Bay and its watershed, which directly encompasses the Oyster Creek Nuclear Generating Station (OCNGS) in Lacey Township, Ocean County, New Jersey.
As the downstream receiving body for surface and groundwater discharges from the Oyster Creek site, Barnegat Bays ecological and water-quality integrity are intimately linked to the U.S. Nuclear Regulatory Commissions (NRC) decision on this License Termination Plan (LTP).
As trustee for New Jerseys natural resources under the Public Trust Doctrine, the State and by extension the NRC in its federal oversight rolehas a duty to ensure that Barnegat Bays ecological integrity is not further compromised by incomplete decommissioning or residual contamination.
SBB has participated in NRC and New Jersey Department of Environmental Protection (NJDEP) proceedings related to Oyster Creek for more than two decades. This long history of technical review and public advocacy establishes SBB as a knowledgeable and directly affected stakeholder in the LTP amendment process.
SBB has reviewed Holtec Decommissioning Internationals (HDI) License Amendment Request to add License Condition 2.C.(18) and the accompanying Oyster Creek LTP, Revision 0 (August 2024).¹ We offer the following comments to ensure that the NRCs review upholds public safety, environmental protection, and the intent of Title 10 of the Code of Federal Regulations (10 CFR) Parts 20, 50, and 51.
Environmental Review Deficiencies
- a. Categorical Exclusion Invoked in Lieu of Environmental Assessment In its August 15, 2025, Federal Register notice, the NRC stated that because the amendment concerns only the approval of a License Termination Plan, it is invoking the categorical exclusion (CE) under 10 CFR 51.22(c)(9) and therefore will not prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS).²
Save Barnegat Bay strongly disagrees with that determination. The categorical exclusion is intended for minor administrative actions that pose no realistic potential for environmental impact. The NRC cannot lawfully invoke a categorical exclusion under 10 CFR 51.22(c)(9) when the underlying technical basis for environmental and radiological determinations remains incomplete.
At Oyster Creek, the record demonstrates precisely that deficiency:
The LTP itself acknowledges ongoing groundwater investigations (§§ 2.4.2-2.4.4) and continuing characterization (§ 2.5), demonstrating that site conditions remain uncertain.³ The Oyster Creek Hydrogeologic Investigation Report (September 8, 2022) identifies hydraulic connectivity between the shallow aquifer and surface waters discharging to Barnegat Bay.
Residual radionuclides in buried structures and piping present a pathway for migration to the estuary.
Given these factors, the Commission must prepare a site-specific Environmental Assessment (EA) under 10 CFR 51.21or an EIS if impacts cannot be shown to be insignificantbefore approving the LTP amendment.
- b. Need for Site-Specific Environmental Impact Evaluation HDI relies on generic NUREG-0586 and NUREG-1496 analyses. Those documents do not capture the unique hydrology, tidal influence, and ecological sensitivity of the Barnegat Bay coastal plain.
The NRC should require a site-specific EA or EIS addressing sea-level rise, groundwater-to-surface-water transport, and cumulative watershed impacts under the National Environmental Policy Act (NEPA). This evaluation must include cumulative and long-term impacts from the sites historic thermal plume, legacy groundwater discharges, and potential climate-driven hydrologic changes.
Full disclosure of technical analyses is also required under the Atomic Energy Act (AEA), which guarantees the public an opportunity to meaningfully participate in licensing decisions that affect radiological safety and environmental quality.
Radiological and Groundwater Concerns
- a. Incomplete Characterization of Subsurface Contamination The LTP establishes Derived Concentration Guideline Levels (DCGLs) before completion of key Technical Support Documents (TSDs), including TSD-24-062 (OCNGS Structure Nuclide Fractions and Gross Activity DCGLs), which HDI stated would not be submitted until after October 31, 2024, and which remains unavailable in
the public ADAMS record as of this filing. The NRC should withhold approval until all supporting analyses are finalized and subject to public review.
- b. Risk of Contaminant Migration to Barnegat Bay Given the sites proximity to tidal waters, radionuclides such as tritium, strontium-90, and cesium-137 could migrate through the shallow aquifer toward Barnegat Bay. The NRC should require:
Conservative hydrogeologic transport modeling that incorporates sea-level rise and storm surge effects; A post-closure groundwater and surface-water monitoring program for at least ten years after license termination; Coordination with the New Jersey Department of Environmental Protection (NJDEP) Bureau of Nuclear Engineering for independent sampling and oversight.
Given the hydraulic connection between the shallow aquifer and Barnegat Bay, any residual contamination represents an offsite release pathway. Under 10 CFR 20.1301 and Appendix I to Part 50, the NRC must ensure that doses to members of the public are as low as reasonably achievable (ALARA), which cannot be demonstrated until full groundwater characterization and remediation are complete.
Decommissioning Approach and Future Land Use
- a. Industrial Land-Use Scenario Is Inadequate The LTP and supporting RESidual RADiation (RESRAD) analyses (Enclosures 10-17) assume an industrial-use scenario, which minimizes potential dose estimates and weakens long-term protective standards. That assumption is unjustified given the sites proximity to residential neighborhoods, recreational waters, and sensitive ecological resources, as well as the absence of any enforceable institutional controls.
Save Barnegat Bay does not support future residential or unrestricted reuse of the Oyster Creek site. However, the cleanup standard must achieve a level of radiological protection equivalent to the highest and best potential use consistent with the unrestricted-use dose criterion in 10 CFR 20.1402, which the NRC has historically used as the benchmark for ensuring long-term public protection at decommissioned reactor sites (25 millirem per year).
If Holtec and the NRC intend to terminate the license under a restricted-use (industrial) scenario, then legally binding institutional controls, deed restrictions, and long-term monitoring requirements must be imposed and maintained in perpetuity to prevent public exposure, ensure land-use compliance, and protect Barnegat Bays groundwater and ecological integrity.
- b. Partial Release and ISFSI Oversight
The NRCs September 17, 2025 public meeting confirmed HDIs intent for a partial site release around 2029, retaining the Independent Spent Fuel Storage Installation (ISFSI) indefinitely. The Commission should:
Disclose parcel-level maps showing which areas will remain under license; Clarify financial responsibility for long-term stewardship and liability; Require continued ISFSI inspection and environmental monitoring.
Transparency and Public Participation Key TSDs, sensitivity analyses, and RESRAD inputs remain non-public. Without access to these documents, meaningful public review under NEPA is impossible. Full disclosure of technical analyses is also required under the Atomic Energy Acts (AEA) mandate for public participation in licensing decisions that affect radiological safety. Failure to make such documents publicly available prior to agency action would render the administrative record inadequate for judicial review under the Administrative Procedure Act (APA).
The NRC should:
Require public release of all technical supporting materials (redacted if necessary);
Hold a public hearing in Ocean County, New Jersey before approving the LTP; Commission independent confirmatory surveys by the Oak Ridge Institute for Science and Education (ORISE) or an equivalent third party.
Ecological Importance of Barnegat Bay and Legacy Impacts from Plant Operations Barnegat Bay is one of New Jerseys most ecologically significant and economically valuable coastal estuaries. It supports diverse habitatssalt marshes, seagrass meadows, tidal creeks, and barrier islandsthat sustain more than a hundred fish species, nesting and migratory birds, diamondback terrapins (Malaclemys terrapin),
blue crabs (Callinectes sapidus), and numerous shellfish populations. The health of the bay directly influences regional water quality, commercial and recreational fisheries, and coastal resilience.
The Barnegat Bay estuary lies immediately downstream of the Oyster Creek Nuclear Generating Station (OCNGS). For over four decades, the plant discharged heated effluent through a once-through cooling system, producing a chronic thermal plume that altered water temperature, dissolved-oxygen levels, and circulation patterns across a wide section of the estuary. Studies conducted by the New Jersey Department of Environmental Protection (NJDEP) and regional academic institutions from the 1970s through the 2000s documented thermal stress, fish kills, and habitat degradation associated with the discharge canal and plume area. These impacts imposed a
substantial ecological cost on the bays aquatic life and on the long-term stability of its ecosystem.
Save Barnegat Bay (SBB) served as the primary community advocate for the permanent closure of the Oyster Creek Nuclear Generating Station, consistently urging regulators and policymakers to recognize the ecological damage caused by decades of thermal discharge and to prioritize the protection and recovery of Barnegat Bay. The organizations long record of public engagement and scientific review underscores the continuing public interest in ensuring that the sites decommissioning and license-termination process restorerather than further endangerthe bays environmental health.
Although power generation ceased in 2018, groundwater contamination and subsurface radionuclide migration remain unresolved. The sites legacy contamination therefore continues to impose an ecological debt that must be repaid through full remediation and long-term monitoring. Several site monitoring wells have detected radionuclides and chemical constituents linked to former plant operations, and hydrologic modeling shows a gradient directing flow toward Barnegat Bay. Because the bay is shallow and experiences limited tidal flushing, even low-level discharges can contribute to cumulative ecological stress.
Accordingly, the NRCs evaluation of HDIs LTP must consider not only radiological safety but also the long-term ecological recovery of Barnegat Bay. Comprehensive site remediation, rigorous groundwater monitoring, and enforceable institutional controls are essential to prevent any further contamination from reaching this sensitive estuarine system.
The ecological debt created by decades of operation cannot be ignored as the NRC and licensee contemplate the sites future.
SBB acknowledges that new proposals for small modular reactor (SMR) facilities are reportedly under discussion for the Oyster Creek site and elsewhere in New Jersey.
While SBB respects the national dialogue on energy innovation, our interest lies squarely in the ecological recovery of the Barnegat Bay region and in the corporate accountability of Holtec Decommissioning International (HDI), together with the regulatory responsibility of the NRC and the NJDEP.
The Barnegat Bay watershed has already paid an extraordinary ecological price for the regions energy generation history. Any consideration of future nuclear or industrial use must be predicated on complete cleanup, verified groundwater protection, and measurable restoration of the surrounding ecosystem.
SBB urges that no new nuclear or heavy-industrial activity be considered on this site until:
The LTP is fully implemented and independently verified; All residual contamination is remediated to meet the highest and best use standard; and Ongoing groundwater monitoring and ecological restoration demonstrate that Barnegat Bay is on a clear path to recovery.
Only after these objectives are achieved should the NRC, NJDEP, or any future developer contemplate new facility licensing. Environmental restoration must precede not followredevelopment. The lessons of Oyster Creek must guide a more responsible future for both the agency and the licensee.
Conclusion and Requests Save Barnegat Bay respectfully requests that the NRC:
Withdraw its categorical exclusion (CE) and prepare a site-specific Environmental Assessment (EA) or Environmental Impact Statement (EIS);
Defer approval of the License Termination Plan (LTP) until all Technical Support Documents (TSDs) are complete and publicly available; Apply the unrestricted (residential) release standard under 10 CFR 20.1402, or require institutional controls under § 20.1403; Mandate long-term groundwater and surface-water monitoring with public reporting; and Hold a local public hearing before issuing any license amendment.
Request for Agency Response Save Barnegat Bay respectfully requests that the U.S. Nuclear Regulatory Commission (NRC) provide a formal written response to these comments as part of the public record for Docket ID NRC-2025-0907 and the associated License Termination Plan review.
This response should specifically address the issues raised herein regarding the environmental review process, groundwater contamination, institutional controls, and the ecological recovery of Barnegat Bay.
SBB requests that these comments, supporting citations, and exhibits be preserved in the administrative record for Docket ID NRC-2025-0907 and fully considered prior to any license amendment or partial site release. SBB further requests notification of any future actions or determinations related to this docket.
Submitted by:
Britta Forsberg, Executive Director, Save Barnegat Bay (SBB) 117 Haines Road, Toms River, NJ 08753
www.savebarnegatbay.org Footnotes 1.
Holtec Decommissioning International, LLC, License Amendment Request to Add License Condition 2.C.(18) to Include License Termination Plan Requirements, HDI-OC-24-018, Aug 1, 2024 (ML25258A053).
2.
Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station; License Termination Plan; Proposed License Amendment, 89 Fed. Reg. 63908 (Aug. 15, 2025) (Because the amendment concerns only the approval of a License Termination Plan, the NRC has determined under 10 CFR 51.22(c)(9) that no Environmental Assessment or Environmental Impact Statement is required.).
3.
Oyster Creek License Termination Plan, Rev. 0 (Aug. 2024), §§ 2.4.2-2.5 (ML25258A053).
4.
Oyster Creek Hydrogeologic Investigation Report, GHD, Sept. 8, 2022, Encl. 21 (ML25258A053).
5.
Basement Fill Model: Calculation of Embedded Pipe DCGL Values Oyster Creek Station, ENG-OCS-015, Rev. 1 (Mar. 6, 2024) (ML25258A053).
6.
NUREG-0586, Final Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities (Supp. 1); NUREG-1496, Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination.
7.
HDI LAR, Enclosure list identifying pending TSD-24-062 submission by Oct 31, 2024 (ML25258A053).
8.
LTP Enclosures 10-17, RESRAD-Onsite Probabilistic Analysis - Industrial Use Scenario, July 25-Aug 4, 2023 (ML25258A053).
9.
U.S. NRC, Public Meeting on the Oyster Creek Nuclear Generating Station License Termination Plan, Sept 17, 2025 (ML24214A037), Slide 9.