ML24270A263
| ML24270A263 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 09/26/2024 |
| From: | Carrie Safford NRC/SECY |
| To: | |
| References | |
| Download: ML24270A263 (1) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of Docket No. 50-255 HOLTEC DECOMMISSIONING INTERNATIONAL, LLC
(Palisades Nuclear Plant)
ORDER
Beyond Nuclear, Dont Waste Michigan, and Michigan Safe Energy Future (collectively,
Petitioners) have submitted to the Office of the Secretary a Petition for Declaratory Order. 1 The
Petitioners seek clarification regarding a Federal Register notice published by the NRC on
August 7, 2024.2 The Hearing Notice announced the opportunity to file a request for a hearing
and petition for leave to intervene on four separate license amendment requests submitted by
Holtec Decommissioning International, LLC, to support the potential reauthorization of power
operations at the Palisades Nuclear Plant.
Specifically, the Petitioners seek a declara tory order from the NRC to clarify whether
the agency will permit the Petitioners to challenge an exemption request submitted by Holtec in
September 20233 in a petition to intervene with respect to Holtecs license amendment
1 Petition for Declaratory Order (Sept. 5, 2024) (ADAMS Accession No. ML24250A100)
(Petition).
2 89 Fed. Reg. 64,486 (Aug. 7, 2024) (Hearing Notice).
3 Letter from Jean A. Fleming, Vice President, Licensing, Regulatory Affairs & PSA, Holtec International, to NRC Document Control Desk (Sept. 28, 2023) (ML23271A140) (Exemption Request).
requests.4 The Petitioners cite to 5 U.S.C. § 554(e), which authorizes an agency, in its sound
discretion, to issue a declaratory order to terminate a controversy or remove uncertainty.
Holtec has filed a response opposing the Petition. 5
While this is not a declaratory order within the meaning of 5 U.S.C. § 554(e), I hereby
provide clarification to the Petitioners on this question.
The Petition is based on two assertedly conflicting statements concerning the availability
of an opportunity for a hearing on an exemption request. 6 First, in December 2023, the
Petitioners sought to intervene and request a hearing on the Exemption Request, in which
Holtec seeks exemption from certain portions of 10 C.F.R. § 50.82. 7 I denied the intervention
petition, explaining that the Exemption Requestin the absence of any licensing action creating
an opportunity for a hearing under the Atomic Energy Actdid not itself create any such hearing
opportunity.8 I further explained that, under established Commission practice, when an
exemption request is inextricably intertwined with a licensing action triggering the opportunity to
request a hearing, the hearing may encompass the exemption request as well, 9 and that the
Petitioners would have an opportunity to petition to intervene and request a hearing in
4 Petition at 11-13.
5 Response to Beyond Nuclear et al.s Petition for Declaratory Order (Sept. 24, 2024)
(ML24269A017).
6 Petition at 13.
7 Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Dont Waste Michigan, and Michigan Safe Energy Future (Dec. 5, 2023) (ML23339A192).
8 Order of the Secretary, at 2 (Dec. 18, 2023) (ML23352A325) (citing 42 U.S.C.
§ 2239(a)(1)(A)).
9 Id. (citing Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(Vermont Yankee Nuclear Power Station), CLI-16-12, 83 NRC 542, 553 (2016); Honeywell International, Inc. (Metropolis Works Uranium Conversion Facility), CLI-13-1, 77 NRC 1, 10 (2013); Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), CLI-01-12, 53 NRC 459, 470 (2001)).
connection with an identified license amendment request and license transfer application, as
well as future requests for license amendments and license transfers concerning Palisades. 10
Second, and more recently, in the Background section of the Hearing Notice, the NRC
identified each request it had received from Holtec to support Palisadess potential return to
power operations. In addition to the license amendment requests that were the subject of the
Hearing Notice, the NRC also identified the Ex emption Request, as well as a separate license
transfer request published elsewhere in the Federal Register. With respect to the Exemption
Request, the Hearing Notice stated that, [c]onsistent with the [Atomic Energy Act] and NRC
regulations, the NRC is not publishing a notice of opportunity for hearing on the exemption
request.11
This statement was intended to explain the absence of a separate Federal Register
notice concerning the Exemption Request. The statement does not categorically exclude or
predetermine the admissibility of contentions that a petitioner may submit, including contentions
relating to an exemption request. 12 The admissibility of such contentions will be determined by
the presiding officer to the proceeding, in accordance with 10 C.F.R. § 2.309 and established
Commission practice.
10 Id. at 3.
11 See 89 Fed. Reg. at 64,487.
12 See, e.g., Entergy Nuclear Operations, Inc. (Palisades Nuclear Plant and Big Rock Point Site), CLI-22-8, 96 NRC 1, 14 (2022) (stating that when a requested exemption raises questions that are material to a proposed licensing actiondirectly bears on whether the proposed action should be granteda petitioner in an adjudicatory proceeding on the licensing action may raise arguments relating to the exemption request).
This order is issued pursuant to my authority under 10 C.F.R. § 2.346(j).
For the Commission
CarrieM.Safford Secretary of the Commission
Dated at Rockville, Maryland, this 26th day of September 2024.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
HOLTEC DECOMMISSIONING ) Docket No. 50-255 INTERNATIONAL, LLC )
)
(Palisades Nuclear Plant) )
)
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ORDER OF THE SECRETARY have been served upon the following persons by electronic mail.
U.S. Nuclear Regulatory Commission Wallace L. Taylor Office of Commission Appellate Adjudication 4403 1st Ave. N.E., Suite 402 Mail Stop: O-16B33 Cedar Rapids, Iowa 52402 Washington, DC 20555-0001 E-mail: wtaylorlaw@aol.com E-mail: ocaamail.resource@nrc.gov Terry J. Lodge U.S. Nuclear Regulatory Commission 316 N. Michigan St, Suite 520 Office of the Secretary of the Commission Toledo, Ohio 43604 Mail Stop: O-16B33 E-mail: tjlodge50@yahoo.com Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Counsel for Holtec Decommissioning International, LLC U.S. Nuclear Regulatory Commission Balch and Bingham LLP Office of the General Counsel 1710 Sixth Avenue North Mail Stop - O-14A44 Birmingham, AL 35203 Washington, DC 20555-0001 M. Stanford Blanton, Esq.
E-mail: RidsOgcMailCenter.Resource@nrc.gov Grant Eskelsen, Esq.
Alan D. Lovett, Esq.
E-mail: sblanton@balch.com geskelsen@balch.com alovett@balch.com
Office of the Secretary of the Commission
Dated at Rockville, Maryland, this 26th day of September 2024.