ML25102A001

License Amendment Request for EVESR (NRC License DR-10) to Accept In-Situ Radioactive Material from VBWR (NRC License DPR-1)

ML25102A001
Person / Time
Site:	Vallecitos File:GEH Hitachi icon.png
Issue date:	04/11/2025
From:	Self L NorthStar Vallecitos
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
References
NSV 25-002
Download: ML25102A001 (1)

Text

Luke M. Self Vice President, NorthStar Vallecitos 10 CFR 50.82(a)(9)

NSV 25-002 April 11, 2025 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

SUBJECT:

License Amendment Request for EVESR (NRC License DR-10) to accept In-Situ Radioactive material from VBWR (NRC License DPR-1).

Vallecitos Nuclear Center Docket No. 50-183 License No. DR-10

REFERENCES:

1. Letter, USNRC to GEH, "GE Hitachi Nuclear Energy, Vallecitos Nuclear Center - Response to the Description for Decommissioning the Shutdown Reactors," dated April 8, 2022, (ML22066A569).

2. Letter, GEH to USNRC, Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report (ML22264A324(P)), dated September 21, 2022.

NorthStar Vallecitos, LLC (NSV) hereby requests a license amendment for the Empire State Atomic Development Agency (ESADA) Vallecitos Experimental Superheat Reactor (EVESR, NRC License DR-10) to accept the in-situ radioactive material from the Vallecitos Boiling Water Reactor (VBWR) license DPR-1.

It is the intent of NSV to terminate the license of the VBWR and transfer the in-situ radioactive material from the VBWR to EVESR. Subsequently, NSV will then perform license termination for both facilities concurrently in accordance with the applicable requirements of 10 CFR 50.82 as identified in Reference 1, removing and disposing of materials and decontaminating both facilities meeting conditions for unrestricted release in accordance with the criteria for decommissioning in 10 CFR 20.1401 and 20.1402.

In support of this licensing approach, General Electric Hitachi Nuclear Energy (GEH), the previous licensee, submitted a limited post-shutdown decommissioning report (LPSDAR) (Reference 2) as a means of demonstrating compliance with the intent of 10 CFR 50.82(a)(6) and 10 CFR 50.82(a)(7) to decommission and perform license termination for both of the power reactors at the Vallecitos Nuclear Center (VNC).

NorthStar Vallecitos, LLC 6705 Vallecitos Rd.

Sunol, Ca 94586 www.northstar.com

NSV 25-002 / Page 2 of 3 This letter implements the final phase of licensing decommissioning strategy that was outlined in the LPSDAR, which provides a description for decommissioning the VNC shutdown reactors and to allow for the holistic decommissioning of both the VBWR and EVESR under the EVESR DR-10 license. to this letter provides a description and evaluation of the proposed changes which include the no significant hazards consideration determination and environmental considerations. contains a markup of the EVESR Operating License and Technical Specifications. contains the retyped EVESR Operating License and Technical Specifications.

This letter contains no new regulatory commitments.

Should you have any questions concerning this letter, or require additional information, please contact Mr. Thomas B. Silko at (802) 451-5354, Ext 2506.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Sincerely, Signature Executed On (Date)

Luke M. Self, Vice President, NorthStar Vallecitos Attachments:

1.

Description and Evaluation of the Proposed Changes

2.

Markup of the Existing Operating License and Technical Specification Pages

3.

Retyped Operating License and Technical Specification Pages cc: Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555 Regional Administrator, Region 4 U.S. Nuclear Regulatory Commission 1600 East Lamar Boulevard Arlington, Texas 76011-4511 California Department of Public Health ATTN: Vandana Kohli Radiologic Health Branch 1500 Capitol Avenue, 5th Floor, MS 7610 Sacramento, CA 95814-5006 Signature 4/11/25

NSV 25-002 Docket No. 50-183 Vallecitos Experimental Superheat Reactor (EVESR)

Proposed License Amendment Description and Evaluation of the Proposed Changes (12 pages excluding this cover sheet)

NSV 25-002 / Attachment 1 / Page 1 of 12 Proposed Revision to License and Technical Specifications to Reflect Inclusion of VBWR In-Situ Radioactive Material into EVESR License Discussion of Proposed Change, Technical Evaluation, No Significant Hazards Consideration Determination, and Environmental Considerations

1.

SUMMARY

DESCRIPTION NorthStar Vallecitos, LLC (NSV) is requesting an amendment to the Empire State Atomic Development Agency (ESADA) Vallecitos Experimental Superheat Reactor (EVESR), NRC license DR-10, to support the ongoing decommissioning and final license termination of the Vallecitos Boiling Water Reactor (VBWR), located at the Vallecitos Nuclear Center (VNC), in Sunol, California. This action implements the decommissioning licensing strategy first outlined in General Electric Hitachi Nuclear Energys (GEH) Letter to the NRC Description of Process for Decommissioning the Vallecitos Nuclear Center Shutdown Reactors (ADAMS Accession No. ML21315A005), November 11, 2021 (Reference 1), and described in the VNC Limited Post Shutdown Decommissioning Activities Report (Reference 2), dated September 21, 2022. This strategy was further described in the GEH submittal of the VBWR License Termination Plan (Reference 3).

Approval of these proposed conforming license amendments will have the effect of placing the facility and all residual contamination associated with the VBWR DPR-1 license under the authority of the EVESR DR-10 license with the intent being that the final decommissioning of the VBWR facility will be accomplished coincident to the final decommissioning of the EVESR facility. This final holistic decommission anticipates approval of an exemption for the VBWR pursuant to 10 CFR 50.12 from 10 CFR 50.82(a)(11)(ii) that will allow the VBWR license to be terminated and will enable concurrent decommissioning of the VBWR and EVESR facilities by the EVESR final license termination date of April 15, 2030. It is noted that in addition to that described above, this LAR includes administrative enhancements and revisions necessary to support the decommissioning of the EVESR facility. This includes:

Replacement of references to AEC with NRC as this is the current licensing/regulatory authority.

Deletion of reports currently included in the requirements of 10 CFR (e.g., 10 CFR 20).

Removes prohibition of removing the reactor vessel to be commensurate with rest of reactor power licensees.

Correction of references to various obsolete AEC/NRC offices or divisions.

Deletion of submittal of facility annual report as this report serves no purpose for a power reactor facility that has transitioned from SAFSTOR to DECON.

NSV understands that in accordance with an NRC letter providing a Description for Decommissioning the Shutdown Reactors (Reference 4), approval of the VBWR license termination and exemption request (Reference 5) would occur concurrent with the issuance of an amendment to this DR-10 EVESR license to include the remaining VBWR facilities and structures.

2. Transfer of VBWR Facility to EVESR License The EVESR license is a license to possess, but not operate, the EVESR facility and was issued as Amendment 6 on 10/22/2007, with revised (SAFSTOR ) technical specifications issued as

NSV 25-002 / Attachment 1 / Page 2 of 12 Amendment 7 on 12/1/20081. License Condition 2A stipulates that the facility is to be possessed under the 10 CFR 50 portion of the license as described in the application2. Appendix A, Technical Specification A.1. currently assigns the Plant Area as the controlled access area defined by the reactor containment building3 and its ventilation system. This definition is proposed to be changed from Plant Area to Facility to support the transfer of the VBWR license to the EVESR license.

Doing such would ensure the following systems are part of the EVESR:

The VBWR control room and office building, including the change room (Building 300).

The turbine building which included the previous location of the turbine generator and associated equipment (Building 302).

All the VBWR wastewater and makeup water system outside of the enclosure.

All outside buildings including but not limited to the former instrument shop, the maintenance (machine) shop (Building 311 - no longer standing), the resin storage shed (demineralizer shed - no longer standing), the paint shed (no longer standing) and the hot storage building (Building 308 - no longer standing).

Because the history of these two facilities is muddled by inter-license hand-offs of structures and systems, alternating periods of construction and dismantlement, and repurposing and renaming of facilities and structures, the transfer of the VBWR facility to the EVESR license is necessarily a process of inclusivity rather than specificity. That is, it is impossible to develop an accurate list of structures and systems to be transferred and therefore more constructive just to consolidate the balance of structures and systems currently and historically associated with both licenses under the EVESR license. NSV is therefore requesting that all systems and structures, currently or historically under the authority of both licenses be included under the authority of the EVESR license. This includes all structures and systems within the 300 area except for Buildings 304 (the Critical Assembly / unirradiated fuel storage building) and 349 (the Waste Evaporator Building) which are under the authority of the site SNM-960 & California 0017-01 licenses.

3. Proposed changes to EVESR License provides a markup of the current EVESR License and Technical Specifications in support of adopting the in-situ radioactive material from the VBWR. This license amendment request also includes revisions necessary to facilitate the demolition and decommissioning of the EVESR facility.

License condition 3B Existing License condition 3B The Technical Specifications contained in Appendix A, as revised through Amendment No. 4, are hereby incorporated in the License.

Proposed License condition 3B The Technical Specifications contained in Appendix A are hereby incorporated in the License.

1 Subsequently, a revised Amendment 8 to the EVESR license was issued on March 24, 2025 to reflect transfer of the license from GEH to NSV.

2 According to section 1 of DR-10 Amendment No. 6, the application includes the application dated October 5, 1962, and amendments thereto including Amendment No. 14 dated October 12, 1967, Amendment No. 15 dated December 20, 1967, Modification No. 1 to Amendment No. 15 dated March 20, 1968, Amendment No. 16 dated October 16, 1969, and Modification No. 1 to Amendment No.16 dated March 9, 1970.

3 Reactor Building, Reactor Containment Building, and Containment Building, are all synonymous and are used interchangeably throughout licensing documents and this license amendment request.

NSV 25-002 / Attachment 1 / Page 3 of 12 Justification: The proposed change to delete the phrase as revised through Amendment No. 4 streamlines the license to succinctly reflect that the technical specifications are incorporated in the License.

License condition 3D Existing License condition 3D In addition to the records heretofore required under this License and by applicable AEC regulations, including section 20.401 of 10 CFR Part 20, NorthStar Vallecitos, LLC shall keep the following:

Proposed License condition 3D In addition to the records heretofore required under this License and by applicable NRC regulations, including section 20.2106 of 10 CFR Part 20, NorthStar Vallecitos, LLC shall keep the following:

Justification: This change proposes to replace the AEC with NRC as well as 20.401 with 20.2106. Proposed changes would update this license condition to reflect current NRC regulations for maintaining records of individual monitoring.

License condition E Existing License condition E In addition to those reports required by applicable AEC regulations, NorthStar Vallecitos, LLC shall submit the following:

Proposed License condition E NorthStar Vallecitos, LLC shall submit those reports required by applicable NRC regulations.

Justification: This reflects the NRC as the licensing authority rather than their predecessor the AEC. This proposed change also reflects that license conditions E.1 and E. 2 are to be deleted as discussed below.

License condition E.1 Existing License condition E.1 A report of any indication or occurrence of a possible unsafe condition relating to the facility or to the public. For each occurrence, NorthStar Vallecitos, LLC shall promptly notify by telephone or telegraph the Director of the appropriate AEC Regional Compliance Office listed in Appendix D of 10 CFR Part 20. And shall submit within 10 days a report in writing to the Director, Division of Reactor Licensing, with a copy to the Regional Compliance Office.

Proposed License condition E.1 NorthStar Vallecitos, LLC requests that this condition be removed from the license.

Justification: It is proposed to delete this license condition as these requirements are redundant to, as well as currently required by, 10 CFR 20.2202.

NSV 25-002 / Attachment 1 / Page 4 of 12 License condition E.2 Existing License condition E.2 An annual report of the status of the deactivated facility including the results of the surveys of radioactivity levels shall be submitted to the Commission. The average interval between annual reports shall be one year and may extend, on occasion, up to 15 months for a valid reason.

Proposed License condition E.2 NorthStar Vallecitos, LLC requests that this condition be removed from the license.

Justification: Since the VNC facility has been transferred from GE-Hitachi to NorthStar Vallecitos, LLC for the purpose of conducting decontamination and demolition (D&D), this report no longer serves a purpose. The removal of this license condition would be consistent with power reactors which have transitioned from SAFSTOR to DECON.

License condition H Existing License condition H The commitments/representations made in the NorthStar Vallecitos, LLC application dated September 1, 2023, as supplemented on September 5, 2023, October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Federal and State Materials and Environmental Management Programs, or designee.

Proposed License condition H The commitments/representations made in the NorthStar Vallecitos, LLC application dated September 1, 2023, as supplemented on September 5, 2023, October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Nuclear Material Safety and Safeguards, or designee.

Justification: This change proposes to remove Director, Office of Federal and State Materials and Environmental Management Programs and replace the office with Director, Office of Nuclear Material Safety and Safeguards. This change would remove an obsolete AEC/NRC Office with the current office providing regulatory oversight.

License condition I Existing License condition I NorthStar Vallecitos, LLC shall cause to be transmitted to the Director, Office of Federal and State Materials and Environmental Management Programs within 30 days of filing with the U.S. Securities Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that discloses beneficial ownership of a registered class of any of its publicly traded parent companies stock.

Proposed License condition I NorthStar Vallecitos, LLC requests that this condition be removed from the license.

NSV 25-002 / Attachment 1 / Page 5 of 12 Justification: As opposed to the previous VNC licensee (GE-Hitachi), NorthStar Vallecitos, LLC is a privately held company and as such would not be filing any schedule 13D or 13G pursuant to the Securities Exchange Act of 1934.

License condition J Existing License condition J Prior to completion of transfer of the license, NorthStar Vallecitos, LLC, shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence of a parent company guarantee or another method authorized by and meeting the requirements of 10 CFR 50.75 for decommissioning funding assurance for the EVESR.

Proposed License condition J NorthStar Vallecitos, LLC requests that this condition be removed from the license.

Justification: The license transfer of the VNC facility from GE-Hitachi to NorthStar Vallecitos, LLC has been completed and as such this license condition no longer serves a purpose and may be removed.

4. Proposed changes to EVESR Technical Specifications Technical Specification A Existing Technical Specification A

1. Plant Area

• The plant area shall consist of a controlled access area defined by the reactor containment building and its ventilation system. Personnel access shall be controlled by knowledgeable plant personnel as established by written procedure.*

2. Principal Activities The principal activities carried on within the plant area shall be the possession of the reactor facility, the dismantling of components other than the reactor pressure vessel and activities authorized by licenses issued by appropriate regulatory authorities.

Proposed Technical Specification A

1. Facility The facility shall consist of a controlled area defined by the EVESR reactor building, the VBWR reactor building, and all other buildings and structures in the 300 area of the VNC site except for those under the authority of the sites SNM-960 or California 0017-01 byproduct material licenses.

2. Principal Activities The principal activities shall be the possession of the facility, the dismantling of components and activities authorized by licenses issued by appropriate regulatory authorities.

Justification: The asterisks at either end of technical specification A.1. are removed as it is not clear why they were included, and they serve no purpose. The reference to the ventilation system is removed since the ventilation system has been secured, rendered inoperable and will be dismantled as decommissioning advances.

Second, establishing Facility in lieu of Plant Area (consistent with the existing language of

NSV 25-002 / Attachment 1 / Page 6 of 12 license condition 2B) allows for incorporation of the VBWR in-situ radioactive material that are being transferred into the 10 CFR 30 portion of the license (license condition 2.B.). This will provide clarity during the final termination of the EVESR DR-10 license as well as allow for the termination of the VBWR license (Reference 5).

Principal Activities is proposed to be worded to succinctly allow for the continued possession of the facility as well as to allow for the required decontamination and demolition of the facility as deemed appropriate by the NRC4. This is accomplished by removing the words carried on within the plant area and other than the reactor pressure vessel. This final modification will have the effect of allowing removal of the EVESR reactor vessel without requiring a future license amendment.

Technical Specification B.1.

Existing Technical Specification B.1.

Activities involving access to plant area and use of any area or in-place equipment shall be conducted under the direction of a designated facility supervisor with functional responsibility and commensurate authority to maintain the facility in a safe and secure condition at all times. The facility manager shall have extensive reactor knowledge and shall utilize the resources of other licensee personnel as necessary to provide an effective safety program.

Proposed Technical Specification B.1.

Activities involving access to the facility and use of any area or in-place equipment shall be conducted under the direction of a designated facility supervisor with functional responsibility and commensurate authority to maintain the facility in a safe and secure condition at all times.

Justification: To align with the change to Technical Specification A.1., it is proposed to replace Plant Area with the term Facility.

It is proposed to delete the sentence The facility manager shall have extensive reactor knowledge and shall utilize the resources of other licensee personnel as necessary to provide an effective safety program. NSV takes the position that extensive reactor knowledge is neither well defined, nor is it justifiable for the filling of the position of facility manager given the current state of the EVESR or VBWR. This License Condition appears to be a remnant of the original 1968 possession-only license that was issued at a time when reactivation of the reactor was a possibility. At that time, no dismantlement had occurred, fuel was still on site, and the plant was in a condition that made restart possible. Additionally, some systems (e.g., radwaste liquid handling) were being maintained in service until the conclusion of the facility deactivation program. At present, the facility has been defueled and fuel has been removed from site. Partial dismantlement has occurred beyond any reasonable expectation that the facility will ever function again as a reactor. The current state of the facility requires very minimal reactor knowledge as necessary to provide an effective safety program.

4 The transfer of the licensed decommissioning authorities was approved for transfer from GEHA to NorthStar Vallecitos to expedite the decommissioning at the Vallecitos Nuclear Center (Reference 6).

NSV 25-002 / Attachment 1 / Page 7 of 12 Technical Specification B.2.(a)

Existing Technical Specification B.2.(a)

Written procedures for control of access to the plant area, use of the plant area facilities and equipment and for periodic inspection of the facility shall be established and approved by the manager to whom the facility supervisor reports.

Proposed Technical Specification B.2.(a)

Written procedures for control and use of the facility shall be established and approved by the manager to whom the facility supervisor reports.

Justification: Consistent with the proposed change to Technical Specification A above which replaces the term plant area with facility, this non-intent change proposes to streamline the specification by removing language which utilizes the term plant area.

Technical Specification B.2.(b)

Existing Technical Specification B.2.(b)

Written procedures specified in 2.(a) above shall be reviewed by technically qualified personnel responsible to a management position other than the facility supervisor (the Nuclear Safety group) in accordance with a written charter for that function.

Proposed Technical Specification B.2.(b)

Written procedures specified in 2.(a) above shall be reviewed by technically qualified personnel responsible to a management position other than the facility supervisor (e.g.,

Regulatory Compliance) in accordance with a written charter for that function.

Justification: This proposed change (replacing the Nuclear Safety group with e.g., Regulatory Compliance) aligns the technical specification with current NSV organizational structure, allows for possible changes in organizational titles and responsibilities in the future as well as maintaining appropriate separation of responsibility for facility specific procedures.

Technical Specification B.2.(c)

Existing Technical Specification B.2.(c)

The Nuclear Safety group shall periodically audit activities conducted in the plant area to verify that effective radiological control practices are maintained.

Proposed Technical Specification B.2.(c)

Quality Assurance shall periodically audit facility activities to verify that effective radiological control practices are maintained.

Justification: Consistent with the proposed change to technical specification A above which replaces the term plant area with facility, this change proposes to streamline the specification as well as replace the term plant area with facility.

The replacement of the organizational position Nuclear Safety Group is replaced with the Quality Assurance to reflect NSV naming conventions for position titles.

Technical Specification C.1.

Existing Technical Specification C.1 Radiation monitoring instruments shall be available as appropriate to prevent exposure of personnel to radiation in accordance with the standards of Part 20. A general radiation Proposed Technical Specification C.1 Radiation monitoring instruments shall be available as appropriate to prevent exposure of personnel to radiation in accordance with the standards of Part 20.

NSV 25-002 / Attachment 1 / Page 8 of 12 survey shall be conducted, at least annually.

Justification: This request proposes to remove the requirement to conduct a general radiation survey annually. Since the VNC facility has been transferred from GE-Hitachi to NorthStar Vallecitos, LLC for the purpose of conducting decontamination and demolition (D&D), this report no longer serves a purpose. In addition, the removal of this technical specification would be consistent with other power reactors which have entered the D&D phase of operations.

Technical Specification C.2.

Existing Technical Specification C.2

• A ventilation particulate monitor shall be operable whenever the containment building is ventilated.*

Proposed Technical Specification C.2 Particulate air monitoring shall be performed in the ventilation pathway whenever the facility containment building is ventilated.

Justification: First, the asterisks at either end of the statement are removed as it is not clear why they were included. Secondly, inclusion of the word facility aligns with the terminology change in Technical Specification A.1 above and makes it clear that monitoring is required of the EVESR or VBWR reactor building ventilation pathway to the environs. This may be at the open containment building hatch or any other opening made in the containment building in support of decommissioning. Restating the phrase ventilation particulate monitor as particulate air monitoring clarifies that the technical specification isnt implying that a certain type of monitor be used, but that the method of performing that monitoring can detect particulate airborne contamination. Because of the low levels of residual contamination remaining in the EVESR containment building, particulate monitoring could be adequately performed using either continuous air monitors or low volume air samplers.

Technical Specification C.3.

Existing Technical Specification C.3 Access to areas of the EVESR containment shall be controlled in a manner consistent with the requirements of 10 CFR 20.1601, Control of access to high radiation areas, as applicable.

Proposed Technical Specification C.3 NorthStar Vallecitos, LLC requests that this technical specification be removed.

Justification: NorthStar Vallecitos, LLC requests that the requirement to control access per 10 CFR 20.1601 be deleted from the technical specifications since this requirement is redundant to the requirements of 10 CFR 20.1601. Since this requirement is codified within 10 CFR 20, removing this from the facility technical specifications will result in no change to the controls placed upon the facility. Finally, the removal of this technical specification would be consistent with other power reactors which have entered the D&D phase of operations.

Technical Specification C.4.

Existing Technical Specification C.4 As a radiation and contamination control measure, all materials and equipment removed from radioactive materials areas shall be monitored and released in accordance with Vallecitos Nuclear Center site *procedures*

Proposed Technical Specification C.4 NorthStar Vallecitos, LLC requests that this technical specification be removed.

NSV 25-002 / Attachment 1 / Page 9 of 12 and in compliance with the standards of 10 CFR Part 20.

Justification: NorthStar Vallecitos, LLC requests that the requirement for the control of radioactive materials per 10 CFR 20 be deleted from the technical specifications since this requirement is redundant to the requirements of 10 CFR 20. Since this requirement is codified within 10 CFR 20, removing this from the facility technical specifications will result in no change to the controls placed upon the facility. Finally, the removal of this technical specification would be consistent with other power reactors which have entered the D&D phase of operations.

5. No Significant Hazards Consideration Determination In accordance with 10 CFR 50.90, NorthStar Vallecitos, LLC (NSV) is proposing an amendment to Facility License DR-10 for Empire State Atomic Development Agency (ESADA)

Vallecitos Experimental Superheat Reactor (EVESR). The proposed amendment would revise the Facility License and Technical Specifications to reflect inclusion of VBWR in-situ radioactive materials into the EVESR license. Approval of these conforming license amendments will have the effect of placing the facility and all residual contamination associated with the VBWR DPR-1 license under the authority of the EVESR DR-10 license with the intent that the final decommissioning of the VBWR facility will be accomplished coincident to the final decommissioning of the EVESR facility. Additional administrative changes proposed would support the forthcoming decommissioning of the facility as well as updating obsolete information (e.g.; references to AEC).

NSV has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:

1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The proposed amendment would modify the EVESR Facility License and Technical Specifications (TS), by deleting the portions of the Operating License and TS that are no longer applicable to a facility with no spent nuclear fuel; modifying the remaining portions to accept the in-situ radioactive material from the DPR-1 license while positioning the license to perform decommissioning.

The proposed changes do not have an adverse impact on the remaining decommissioning activities as previously reviewed by the NRC5 or any of their postulated consequences.

5 As stated in the Order approving the transfer of the licensees, Applicants requested that the NRC consent to the transfer of the licensed possession, maintenance, and decommissioning authorities from GEHA to NorthStar Vallecitos to expedite the decommissioning at the Vallecitos Nuclear Center.

Reference 6.

NSV 25-002 / Attachment 1 / Page 10 of 12 The proposed amendment has no effect on structures, systems, and components (SSCs) and no effect on the capability of any facility SSC to perform its design function.

The proposed amendment would not increase the likelihood of the malfunction of any facility SSC. The form, fit and function of facility SSCs are not affected, as their operation remains unchanged by this request.

The probability of occurrence of previously evaluated accidents is not increased, since the request involves satisfying the release requirements of 10 CFR 20.1402 of the VBWR concurrent with the license termination of the EVESR while concurrently allowing for the decommissioning of the facility Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The proposed changes do not involve a physical alteration of the facility, rather it supports a change to the schedule when the release criteria of 10 CFR 20.1402 will be satisfied for the VBWR while positioning the license to allow for decommissioning. No new or different type of equipment will be installed and there are no physical modifications to existing operable SSCs. Thus, no new initiators or precursors of a new or different kind of accident are created. Furthermore, the proposed amendment does not create the possibility of a new accident as a result of new failure modes associated with any equipment or personnel failures. No changes are being made to setpoints which initiate protective or mitigative actions, and no new failure modes are being introduced.

Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated.

3. Does the proposed amendment involve a significant reduction in a margin of safety?

Response: No.

The proposed amendment does not impact facility operation or any SSC that is relied upon for accident mitigation. This proposed amendment would support a previously submitted request for a schedule change to when the release criteria of 10 CFR 20.1402 is satisfied for the existing VBWR license.

Therefore, the proposed amendment does not involve a significant reduction in a margin of safety.

Based on the above, NSV concludes that the proposed amendment presents no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified.

NSV 25-002 / Attachment 1 / Page 11 of 12

6. ENVIRONMENTAL CONSIDERATIONS This proposed amendment is to the EVESR license issued under 10 CFR 50 and includes changes to requirements involving the installation or use of a facility component located within the restricted area and changes to recordkeeping, reporting, or administrative procedures or requirements. As such, NSV has evaluated this proposed amendment against the criteria for identification of licensing and regulatory actions requiring an environmental assessment in accordance with 10 CFR 51.21 and determined that it meets the eligibility criteria for categorical exclusions set forth in § 51.22(c)(9) and

§ 51.22(c)(10)(ii). With respect to the criteria set forth in § 51.22(c)(9), this determination is made as follows:

(i)

The amendment involves no significant hazards consideration.

As described in Section 5 above, the proposed change involves no significant hazards consideration.

(ii)

There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

The proposed amendment does not involve any physical alterations to any operable facility configuration that could lead to a change in the type or amount of effluent that may be released offsite.

(iii)

There is no significant increase in individual or cumulative occupational radiation exposure.

The proposed amendment does not involve any physical alterations to any operable facility configuration and does not involve any changes to regulatory requirements or programs and procedures related to controls for limiting radiation exposure that could lead to a significant increase in individual or cumulative occupational radiation exposure.

Based on the above, NSV concludes that the proposed amendment involves changes that meets the eligibility criteria for categorical exclusion as set forth in § 51.22(c)(9) or

§ 51.22(c)(10)(ii). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed amendment.

References:

1. Letter, GEH to USNRC Description of Process for Decommissioning the Vallecitos Nuclear Center Shutdown Reactors, (ML21315A005), dated November 11, 2021.

2. Letter, GEH to USNRC, Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report, (ML22264A324(P)),

dated September 21, 2022.

3. Letter, GEH to USNRC, License Termination Plan for the Vallecitos Boiling Water Reactor License DPR-1, dated September 7, 2023 (ML23250A267).

NSV 25-002 / Attachment 1 / Page 12 of 12

4. Letter, USNRC to GEH, "GE Hitachi Nuclear Energy, Vallecitos Nuclear Center - Response to the Description for Decommissioning the Shutdown Reactors," dated April 8, 2022, (ML22066A569).

5. Letter, NSV to USNRC, "Application to Terminate License for the Vallecitos Boiling Water Reactor," dated February 3, 2025, (ML25034A275).

6. Letter, USNRC to GEHA, Order Approving Transfer of the Vallecitos Nuclear Center Licenses and Conforming License Amendments, dated April 25, 2024 (ML24039A011(P))

NSV 25-002 Docket No. 50-183 Vallecitos Experimental Superheat Reactor (EVESR)

Proposed License Amendment Markup of the Existing Operating License and Technical Specification (6 pages excluding this cover sheet)

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DOCKET NO. 50-183 NORTHSTAR VALLECITOS, LLC FACILITY LICENSE FOR ESADA EXPERIMENTAL VALLECITOS SUPERHEAT REACTOR License DR-10 Amendment No. 7 This License is amended as follows:

1.

This License applies to the heterogeneous, light water moderated, steam cooled, superheat reactor owned by NorthStar Vallecitos, LLC and designed as the ESADA Experimental Vallecitos Superheat Reactor (hereinafter "EVESR"). The facility is located at NorthStar Vallecitos, LLC's Vallecitos Nuclear Center, Alameda County, California, and is described in the application dated October 5, 1962, and amendments thereto including Amendment No.

14 dated October 12, 1967, Amendment No. 15 dated December 20, 1967, Modification No.

1 to Amendment No. 15 dated March 20, 1968, Amendment No. 16 dated October 16, 1969, and Modification No. 1 to Amendment No.16 dated March 9, 1970 (hereinafter the application).

2.

Subject to the conditions and requirements incorporated herein, The Commission hereby licenses NorthStar Vallecitos, LLC:

A. Pursuant to section 104b of the Act and 10 CFR Part 50, to possess, but not to operate, the reactor as a utilization facility, as described in the application.

B. Pursuant to the Act and 10 CFR Part 30, to possess, but not to separate, such byproduct material as may be contained in the component parts of the facility.

3.

This License shall be deemed to contain and be subject to the conditions specified in Part 20, Section 30.34 of Part 30, and Sections 50.54 and 50.59 of Part 50, Title 10, Chapter I, CFR, and to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect, and to the additional conditions specified below:

A. NorthStar Vallecitos, LLC shall not reactivate the facility nor use the reactor pressure vessel or any system which is open to the reactor pressure vessel without prior approval of the Commission.

B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 4, are hereby incorporated in the License. The licensee shall operate the facility in accordance with the Technical Specifications. No changes shall be made in the Technical Specifications, except as otherwise permitted by this License, the Act, and the Commissions rules and regulations.

C. NorthStar Vallecitos, LLC shall not dispose of the facility or the property occupied by the facility without prior approval of the Commission, except that NorthStar Vallecitos, LLC may dispose of component parts or devices from the EVESR facility in accordance with the provisions of 10 CFR Part 20.

8 VALLECITOS Vallecitos D. Records In addition to the records heretofore required under this License and by applicable AEC regulations, including section 20.401 of 10 CFR Part 20, NorthStar Vallecitos, LLC shall keep the following:

1.

Records of inspections of the deactivated facility, including the results of surveys of radioactivity levels.

2.

Records showing radioactivity released or discharged into the air or water beyond the effective control of NorthStar Vallecitos, LLC as measured at the point of such release or discharge.

E. Reports In addition to those reports required by applicable AEC regulations, NorthStar Vallecitos, LLC shall submit the following:

1.

A report of any indication or occurrence of a possible unsafe condition relating to the facility or to the public. For each occurrence, NorthStar Vallecitos, LLC shall promptly notify by telephone or telegraph the Director of the appropriate AEC Regional Compliance Office listed in Appendix D of 10 CFR Part 20. And shall submit within 10 days a report in writing to the Director, Division of Reactor Licensing, with a copy to the Regional Compliance Office.

2.

An annual report of the status of the deactivated facility including the results of the surveys of radioactivity levels shall be submitted to the Commission. The average interval between annual reports shall be one year and may extend, on occasion, up to 15 months for a valid reason.

F. NorthStar Vallecitos, LLC, as stated in the application dated September 1, 2023, as supplemented on September 5, 2023, October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024, will abide by all commitments and representations previously made by GE-Hitachi Nuclear Energy Americas LLC with respect to the license. These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facility.

G. The Manager of the Vallecitos Nuclear Center, the Vice-President, Reactor Facility Safety and Security of NorthStar Vallecitos, LLC, and the Manager of NorthStar Vallecitos, LLC, shall be US citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities of NorthStar Vallecitos, LLC, with respect to this License, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security.

NRC 20.2106 NorthStar Vallecitos, LLC shall submit NRC regulations.

Amendment 8 H. The commitments/representations made in the NorthStar Vallecitos, LLC application dated September 1, 2023, as supplemented on September 5, 2023, October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Federal and State Materials and Environmental Management Programs, or designee.

I.

NorthStar Vallecitos, LLC shall cause to be transmitted to the Director, Office of Federal and State Materials and Environmental Management Programs within 30 days of filing with the U.S. Securities Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that discloses beneficial ownership of a registered class of any of its publicly traded parent companies stock.

J.

Prior to completion of transfer of the license, NorthStar Vallecitos, LLC, shall provide the Nuclear Regulatory Commission staff satisfactory documentary evidence of a parent company guarantee or another method authorized by and meeting the requirements of 10 CFR 50.75 for decommissioning funding assurance for the EVESR.

This License, as amended, is effective as of the date of issuance and shall expire at midnight, January 26, 2016.

FOR THE ATOMIC ENERGY COMMISSION

/RA/

Peter A. Morris, Director Division of Reactor Licensing Date of Issuance: June 17, 1968 Director, Office of Nuclear Material Safety and Safeguards 3

Amendment 8

Facility License No. DR-10 Appendix A Technical Specifications EVESR A. SITE

1.

Plant Area

• The plant area shall consist of a controlled access area defined by the reactor containment building and its ventilation system. Personnel access shall be controlled by knowledgeable plant personnel as established by written procedure.*

2.

Principal Activities The principal activities carried on within the plant area shall be the possession of the reactor facility, the dismantling of components other than the reactor pressure vessel and activities authorized by licenses issued by appropriate regulatory authorities.

B. ADMINISTRATIVE AND PROCEDURAL REQUIREMENTS

1.

General Activities involving access to plant area and use of any area or in-place equipment shall be conducted under the direction of a designated facility supervisor with functional responsibility and commensurate authority to maintain the facility in a safe and secure condition at all times. The facility manager shall have extensive reactor knowledge and shall utilize the resources of other licensee personnel as necessary to provide an effective safety program.

Amendment 8

1. Facility The facility shall consist of the EVESR reactor building, the VBWR reactor building, and all other buildings and structures in the 300 area of the VNC site except for those under the authority of the site's SNM-960 or California 0017-01 byproduct material licenses.

the facility

2.

Review and Audit (a) Written procedures for control of access to the plant area, use of the plant area facilities and equipment and for periodic inspection of the facility shall be established and approved by the manager to whom the facility supervisor reports.

(b) Written procedures specified in 2.(a) above shall be reviewed by technically qualified personnel responsible to a management position other than the facility supervisor (the Nuclear Safety group) in accordance with a written charter for that function.

(c) The Nuclear Safety group shall periodically audit activities conducted in the plant area to verify that effective radiological control practices are maintained.

C. HEALTH AND SAFETY

1. Radiation Monitoring Radiation monitoring instruments shall be available as appropriate to prevent exposure of personnel to radiation in accordance with the standards of Part 20.

A general radiation survey shall be conducted, at least annually.

2. Ventilation

• A ventilation particulate monitor shall be operable whenever the containment building is ventilated.*

Amendment 8 e.g., Regulatory Compliance Particulate air monitoring shall be performed in the ventilation pathway whenever the facility containment building is ventilated.

facility and use Quality Assurance

3. Surveillance and Security Access to areas of the EVESR containment shall be controlled in a manner consistent with the requirements of 10 CFR 20.1601, Control of access to high radiation areas, as applicable.

4. Removal of Materials and Equipment As a radiation and contamination control measure, all materials and equipment removed from radioactive materials areas shall be monitored and released in accordance with Vallecitos Nuclear Center site *procedures* and in compliance with the standards of 10 CFR Part 20.

D. RECORDS Sufficient records shall be kept to establish that the facility is being maintained within the limitations of the facility license.

Amendment 8

NSV 25-002 Docket No. 50-183 Vallecitos Experimental Superheat Reactor (EVESR)

Proposed License Amendment Retyped Operating License and Technical Specifications (6 pages excluding this cover sheet)

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DOCKET NO. 50-183 NORTHSTAR VALLECITOS, LLC FACILITY LICENSE FOR ESADA VALLECITOS EXPERIMENTAL SUPERHEAT REACTOR This License is amended as follows:

License DR-10 Amendment No. 8

1. This License applies to the heterogeneous, light water moderated, steam cooled, superheat reactor owned by NorthStar Vallecitos, LLC and designed as the ESADA Vallecitos Experimental Superheat Reactor (hereinafter "EVESR"). The facility is located at NorthStar Vallecitos, LLC's Vallecitos Nuclear Center, Alameda County, California, and is described in the application dated October 5, 1962, and amendments thereto including Amendment No.

14 dated October 12, 1967, Amendment No. 15 dated December 20, 1967, Modification No.

1 to Amendment No. 15 dated March 20, 1968, Amendment No. 16 dated October 16, 1969, and Modification No. 1 to Amendment No.16 dated March 9, 1970 (hereinafter the application).

2. Subject to the conditions and requirements incorporated herein, The Commission hereby licenses NorthStar Vallecitos, LLC:

A. Pursuant to section 104b of the Act and 10 CFR Part 50, to possess, but not to operate, the reactor as a utilization facility, as described in the application.

B. Pursuant to the Act and 10 CFR Part 30, to possess, but not to separate, such byproduct material as may be contained in the component parts of the facility.

3. This License shall be deemed to contain and be subject to the conditions specified in Part 20, Section 30.34 of Part 30, and Sections 50.54 and 50.59 of Part 50, Title 10, Chapter I, CFR, and to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect, and to the additional conditions specified below:

A. NorthStar Vallecitos, LLC shall not reactivate the facility nor use the reactor pressure vessel or any system which is open to the reactor pressure vessel without prior approval of the Commission.

B. Technical Specifications The Technical Specifications contained in Appendix A are hereby incorporated in the License. The licensee shall operate the facility in accordance with the Technical Specifications. No changes shall be made in the Technical Specifications, except as otherwise permitted by this License, the Act, and the Commissions rules and regulations.

C. NorthStar Vallecitos, LLC shall not dispose of the facility or the property occupied by the facility without prior approval of the Commission, except that NorthStar Vallecitos, LLC may dispose of component parts or devices from the EVESR facility in accordance with the provisions of 10 CFR Part 20.

License DR-10 Amendment 8 D. Records In addition to the records heretofore required under this License and by applicable NRC regulations, including section 20.2106 of 10 CFR Part 20, NorthStar Vallecitos, LLC shall keep the following:

1. Records of inspections of the deactivated facility, including the results of surveys of radioactivity levels.

2. Records showing radioactivity released or discharged into the air or water beyond the effective control of NorthStar Vallecitos, LLC as measured at the point of such release or discharge.

E. Reports NorthStar Vallecitos, LLC shall submit those reports required by applicable NRC regulations.

F. NorthStar Vallecitos, LLC, as stated in the application dated September 1, 2023, as supplemented on September 5, 2023, October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024, will abide by all commitments and representations previously made by GE-Hitachi Nuclear Energy Americas LLC with respect to the license. These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facility.

G. The Manager of the Vallecitos Nuclear Center, the Vice-President, Reactor Facility Safety and Security of NorthStar Vallecitos, LLC, and the Manager of NorthStar Vallecitos, LLC, shall be US citizens. These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities of NorthStar Vallecitos, LLC, with respect to this License, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security.

H. The commitments/representations made in the NorthStar Vallecitos, LLC application dated September 1, 2023, as supplemented on September 5, 2023, October 19, 2023, November 1, 2023, January 22, 2024, and March 15, 2024, regarding reporting relationships and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consent from the Director, Office of Nuclear Material Safety and Safeguards.

This License, as amended, is effective as of the date of issuance and shall expire at midnight, January 26, 2016.

FOR THE ATOMIC ENERGY COMMISSION

/RA/

Peter A. Morris, Director Division of Reactor Licensing Date of Issuance: June 17, 1968

Facility License DR-10 Appendix A Technical Specifications EVESR Page 1 of 3 Amendment 8 A. SITE

1. Facility The facility shall consist of the EVESR reactor building, the VBWR reactor building, and all other buildings and structures in the 300 area of the VNC site except for those under the authority of the sites SNM-960 or California 0017-01 byproduct material licenses.

2. Principal Activities The principal activities shall be the possession of the facility, the dismantling of components, and activities authorized by licenses issued by appropriate regulatory authorities.

B. ADMINISTRATIVE AND PROCEDURAL REQUIREMENTS

1. General Activities involving access to the facility and use of any area or in-place equipment shall be conducted under the direction of a designated facility supervisor with functional responsibility and commensurate authority to maintain the facility in a safe and secure condition at all times

Facility License DR-10 Appendix A Technical Specifications EVESR Page 2 of 3 Amendment 8

2. Review and Audit (a)

Written procedures for control and use of the facility shall be established and approved by the manager to whom the facility supervisor reports.

(b)

Written procedures specified in 2.(a) above shall be reviewed by technically qualified personnel responsible to a management position other than the facility supervisor (e.g., Regulatory Compliance) in accordance with a written charter for that function.

(c)

Quality Assurance shall periodically audit facility activities to verify that effective radiological control practices are maintained.

C. HEALTH AND SAFETY

1. Radiation Monitoring Radiation monitoring instruments shall be available as appropriate to prevent exposure of personnel to radiation in accordance with the standards of 10 CFR part 20.

2. Ventilation Particulate air monitoring shall be performed in the ventilation pathway whenever the facility containment building is ventilated.

Facility License DR-10 Appendix A Technical Specifications EVESR Page 3 of 3 Amendment 8 D. RECORDS Sufficient records shall be kept to establish that the facility is being maintained within the limitations of the facility license.