ML21258A042: Difference between revisions

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{{#Wiki_filter:October 12, 2021 Scott P. Murray, Manager Facility Licensing GE Hitachi Nuclear Energy 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402
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==SUBJECT:==
GE HITACHI NUCLEAR ENERGY, VALLECITOS NUCLEAR CENTER SHUTDOWN REACTORS - ACCEPTANCE OF REQUEST TO WITHDRAW EXEMPTION REQUEST FOR ALTERNATE DECOMMISSIONING SCHEDULE (EPID L-2017-LLA-0052)
 
==Dear Mr. Murray:==
 
By {{letter dated|date=August 25, 2021|text=letter dated August 25, 2021}} (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML21237A064), GE Hitachi Nuclear Energy (GEH) requested to withdraw its request for exemptions from U.S. Nuclear Regulatory Commission (NRC) regulations that would have supported an alternate decommissioning schedule for the shutdown reactors at the GEH Vallecitos Nuclear Center (VNC). The requested exemptions would have allowed the decommissioning schedule for the shutdown power reactors, the Vallecitos Boiling Water Reactor (VBWR) and the Empire State Atomic Development Associates Vallecitos Experimental Steam Reactor (EVESR), to exceed the 60-year limit for completion of decommissioning for power reactors in Title 10 of the Code of Federal Regulations (10 CFR) 50.82(a)(3), and permitted a shutdown non-power reactor, the General Electric Test Reactor (GETR), to avoid the requirement in 10 CFR 50.82(b)(4)(i) for non-power reactors to apply for license termination within 2 years following permanent cessation of operations. The NRC accepts GEHs withdrawal request.
In SRM-SECY-21-0033, Staff Requirements - SECY-21-0033 - Request for an Exemption from the Decommissioning Schedule Requirements for Shutdown Reactors at the GE Hitachi Vallecitos Nuclear Center, dated August 6, 2021 (ADAMS Accession No. ML21218A110), the Commission directed the staff to deny the three exemption requests submitted by GEH. The NRC staff communicated the basis for this decision to GEH by telephone on August 13, 2021 and GEH chose to withdraw the exemption request. As a result, the VBWR and EVESR must be decommissioned within 60 years of the date of their respective permanent cessations of operations. These dates are defined for the VBWR and EVESR as 60 years from the date of approval of their possession-only licenses. Consequently, decommissioning must be complete by September 9, 2025 for the VBWR and by April 15, 2030 for the EVESR.
 
S. Murray                                        The NRC staff reviewed the requirements in 10 CFR 50.82 that apply to the shutdown reactors at the VNC. For the VBWR and EVESR, the requirements in 10 CFR 50.82(a)(6),
10 CFR 50.82(a)(7), 10 CFR 50.82(a)(8)(v)-(vi), and 10 CFR 50.82(a)(9) must be implemented as part of the decommissioning process. Although not required for the VBWR and EVESR, demonstration of compliance with the requirements of 10 CFR 50.82(a)(6) and 10 CFR 50.82(a)(7) can be facilitated through the submittal of a Post-Shutdown Decommissioning Activities Report (PSDAR) as described in 10 CFR 50.82(a)(4), and the NRCs guidance for PSDARs in Regulatory Guide 1.185, Revision 1, Standard Format and Content for Post-Shutdown Decommissioning Activities Report. PSDARs for multi-unit sites can be combined into one document. Finally, 10 CFR 50.82(a)(9) requires each licensee to apply for termination of its license, this application must be accompanied or preceded by a license termination plan (LTP) at least 2 years before termination of the license, and the LTP is to be approved by license amendment. Thus, the LTP must be submitted to the NRC through a license amendment request under 10 CFR 50.90. LTPs for multi-unit sites can also be combined. NRC guidance for developing LTPs is given in NUREG-1700, Revision 2, Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans.
For the GETR, decommissioning time schedules are described in 10 CFR 50.82(b)(1), namely that the licensee must apply for license termination within 2 years following permanent cessation of operations, and in no case later than 1 year prior to expiration of the operating license. The GETR permanently ceased operations on February 5, 1986, upon being granted a possession-only license. The expiration date of the GETR possession-only license, as stated in the license, is January 26, 2016. Although more than 2 years have passed since the permanent cessation of operations, as has the 1 year prior to expiration of the operating license deadline, GEH is still required to apply for license termination and accompany or precede that application with a proposed decommissioning plan (DP). This should occur within two years of the date of this letter.
The additional decommissioning requirements for GETR are in 10 CFR 50.82(b)(4), which describes the content of a DP. The DP will be approved by license amendment (10 CFR 50.82(b)(5)), which means the DP must be submitted to the NRC through a license amendment request under 10 CFR 50.90. NRC guidance for the contents of a DP can be found in NUREG-1537, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Standard Review Plan and Acceptance Criteria, Appendix 17.1, NRC Review of Decommissioning Plans for Non-Power Reactors, and in NUREG-1757, Volume 1, Revision 2, Consolidated Decommissioning Guidance Decommissioning Process for Materials Licensees. GEH can submit the planned decommissioning activities for the GETR with any report of the planned decommissioning activities for the VBWR and EVESR.
In order for the NRC to plan its resources for responding to the GEH plans for achieving compliance with the regulations described above, please describe your plans in writing to the NRC within 30 days from the date of this letter.
 
S. Murray                                      If you have any questions, please contact the GEH Shutdown Reactor Project Manager, Jack Parrott, at 301-415-6634 or via e-mail at Jack.Parrott@nrc.gov.
Sincerely, Roberts, Ashley signing on behalf of Holahan, Patricia on 10/12/21 Patricia K. Holahan, Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Materials Safety and Safeguards Docket Nos. 50-18, 50-70, and 50-183 cc: GEH Mailing List GEH ListServ
 
Ltr ML21258A042 OGC/GCRPS/RMR OFFICE            NMSS/DUWP/RDB NMSS/DUWP/RDB                                NMSS/DUWP
                                                          /NLO PHolahan NAME              JParrott      JP BWatson          BW HBenowitz        HB                AR ARoberts for DATE              Sep 15, 2021      Sep 16, 2021        Oct 7, 2021        Oct 12, 2021}}

Revision as of 21:52, 16 January 2022

Acceptance of Request to Withdraw Exemption Request for Alternate Decommissioning Schedule, Vbwr, EVESR, and Getr
ML21258A042
Person / Time
Site: Vallecitos Nuclear Center, Vallecitos
Issue date: 10/12/2021
From: Patricia Holahan
Division of Decommissioning, Uranium Recovery and Waste Programs
To: Murray S
GE Hitachi Nuclear Energy
Jack Parrott, 301-415-6634
References
L-2017-LLA-0052
Download: ML21258A042 (4)
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