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Category:Letter
MONTHYEARL-24-002, Late LLRW Shipment Investigation Report Pursuant to 10 CFR 20, Appendix G2024-02-0202 February 2024 Late LLRW Shipment Investigation Report Pursuant to 10 CFR 20, Appendix G ML23342A1182024-01-0909 January 2024 Independent Spent Fuel Storage Installation Security Inspection Plan L-23-019, Proof of Financial Protection 10 CFR 140.152023-12-18018 December 2023 Proof of Financial Protection 10 CFR 140.15 ML23334A1822023-11-30030 November 2023 Biennial Report for the Defueled Safety Analysis Report Update, Technical Specification Bases Changes, 10 CFR 50.59 Evaluation Summary, and Regulatory Commitment Change Summary November 2021 Through October 2023 L-23-012, Master Decommissioning Trust Agreement Changes for Indian Point Nuclear Generating Units 1, 2 and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant and the Non-Qualified Trust for Big Rock Point2023-11-13013 November 2023 Master Decommissioning Trust Agreement Changes for Indian Point Nuclear Generating Units 1, 2 and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant and the Non-Qualified Trust for Big Rock Point ML23306A0992023-11-0202 November 2023 and Indian Point Energy Center, Notification of Changes in Schedule in Accordance with 10 CFR 50.82(a)(7) L-23-011, 10 CFR 72.48 Biennial Change Summary Report2023-10-27027 October 2023 10 CFR 72.48 Biennial Change Summary Report IR 05000293/20234012023-08-31031 August 2023 NRC Inspection Report No. 05000293/2023401 & 2023001 (Cover Letter Only) IR 05000293/20230022023-08-0404 August 2023 NRC Inspection Report No. 05000293/2023002 L-23-008, Correction to Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations Holtec Decommissioning International, LLC (HDI)2023-05-23023 May 2023 Correction to Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations Holtec Decommissioning International, LLC (HDI) ML23136A7792023-05-15015 May 2023 Annual Radiological Environmental Operating Report, January 1 Through December 31, 2022 ML23135A2152023-05-15015 May 2023 Annual Radioactive Effluent Release Report, January 1 Through December 31, 2022 L-23-004, HDI Annual Occupational Radiation Exposure Data Reports - 20222023-04-24024 April 2023 HDI Annual Occupational Radiation Exposure Data Reports - 2022 L-23-003, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations2023-03-31031 March 2023 Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations ML23088A0382023-03-29029 March 2023 Stations 1, 2, & 3, Palisades Nuclear Plant, and Big Rock Point - Nuclear Onsite Property Damage Insurance ML23069A2782023-03-13013 March 2023 Request for Scoping Comments Concerning the Environmental Review of Monticello Nuclear Generating Plant, Unit 1 Subsequent License Renewal Application ML22361A1022023-02-24024 February 2023 Reactor Decommissioning Branch Project Management Changes for Some Decommissioning Facilities and Establishment of Backup Project Manager for All Decommissioning Facilities IR 05000293/20220042023-02-15015 February 2023 NRC Inspection Report No. 05000293/2022004 ML22356A0712023-01-31031 January 2023 Issuance of Exemption for Pilgrim Nuclear Power Station ISFSI Regarding Annual Radioactive Effluent Release Report - Cover Letter ML22347A2782022-12-21021 December 2022 Independent Spent Fuel Storage Installation Security Inspection Plan Dated December 21, 2022 L-22-042, Oyster, Pilgrim, Indian Point, Palisades and Big Rock Point - Proof of Financial Protection 10 CFR 140.152022-12-14014 December 2022 Oyster, Pilgrim, Indian Point, Palisades and Big Rock Point - Proof of Financial Protection 10 CFR 140.15 L-22-041, Supplemental Information to Enhance Exemption Request Detail for Pilgrim ISFSI Annual Radioactive Effluent Release Report Due Date Extension2022-12-0909 December 2022 Supplemental Information to Enhance Exemption Request Detail for Pilgrim ISFSI Annual Radioactive Effluent Release Report Due Date Extension IR 05000293/20220032022-11-18018 November 2022 NRC Inspection Report No. 05000293/2022003 L-22-036, Decommissioning Trust Fund Agreement2022-11-0808 November 2022 Decommissioning Trust Fund Agreement ML22276A1762022-10-24024 October 2022 Decommissioning International Proposed Revisions to the Quality Assurance Program Approval Forms for Radioactive Material Packages ML22266A1922022-09-23023 September 2022 and Pilgrim Nuclear Power Station - Request to Withdraw Prior Submissions from NRC Consideration ML22272A0352022-09-22022 September 2022 S. Lynch-Benttinen Letter Regarding U.S. Citizen Intent to Sue U.S. Fish and Wildlife and NOAA Fisheries Representing the Endangered Species (Na Right Whale) Which Will Be Adversely Affected by Holtec International Potential Actions ML22269A4202022-09-22022 September 2022 Citizen Lawsuit ML22241A1122022-08-29029 August 2022 Request for Exemption from 10 CFR 72.212(a)(2), (b)(2), (b)(3), (b)(4), (B)(5)(i), (b)(11), and 72.214 for Pilgrim ISFSI Annual Radioactive Effluent Release Report IR 05000293/20220022022-08-12012 August 2022 NRC Inspection Report No. 05000293/2022002 ML22215A1772022-08-0303 August 2022 Decommissioning International (HDI) Proposed Revisions to the Quality Assurance Program Approval Forms for Radioactive Material Packages ML22206A1512022-08-0101 August 2022 NRC Office of Investigations Case Nos. 1-2022-002 & 1-2022-006 ML22221A2592022-08-0101 August 2022 LTR-22-0217-1-NMSS - Town of Duxbury Letter Opposing the Irradiated Water Release from Pilgrim (Docket No. 05000293) ML22193A1662022-07-28028 July 2022 LTR-22-0154-1 - Heather Govern, VP, Clean Air and Water Program, Et Al., Letter Regarding Radioactive Wastewater Disposal from the Pilgrim Nuclear Power Station (Docket No. 05000293) ML22175A1732022-07-28028 July 2022 LTR-22-0153-1 - Response Letter to D. Turco, Cape Downwinders, from A. Roberts, NRC, Regarding Holtec-Pilgrim Plans to Dump One Million Gallons of Radioactive Waste Into Cape Cod Bay ML22154A4882022-06-0101 June 2022 Letter from Conservation Law Foundation Regarding Irradiated Water Release from Pilgrim ML22154A1622022-05-26026 May 2022 Letter and Email from Save Our Bay/Diane Turco Regarding Irradiated Water Release from Pilgrim ML22136A2602022-05-16016 May 2022 Submittal of Annual Radiological Environmental Operating Report for January 1 Through December 31, 2021 ML22136A2572022-05-16016 May 2022 Submittal of Annual Radioactive Effluent Release Report for January 1 Through December 31, 2021 ML22102A0932022-05-12012 May 2022 LTR-22-0067 Response to Matthew P. Levesque, President, Barnstable Town Council Regarding Irradiated Water Release from Pilgrim IR 05000293/20220012022-05-11011 May 2022 NRC Inspection Report No. 05000293/2022001 ML22104A0542022-04-30030 April 2022 LTR-22-0093 Response to Sheila Lynch-Benttinen, Regarding Irradiated Water Release from Pilgrim L-22-026, Occupational Radiation Exposure Data Report - 20212022-04-29029 April 2022 Occupational Radiation Exposure Data Report - 2021 ML22152A2592022-04-25025 April 2022 Zaccagnini Letter Dated 04/25/22 ML22152A2642022-04-19019 April 2022 Flynn Letter Dated 04/19/22 ML22091A1062022-04-0101 April 2022 Nuclear Onsite Property Damage Insurance (10 CFR 50.54(w)(3)) L-22-022, and Indian Point Nuclear Generating Stations 1, 2, & 3 - Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations - Holtec.2022-03-25025 March 2022 and Indian Point Nuclear Generating Stations 1, 2, & 3 - Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations - Holtec. ML22130A6762022-03-14014 March 2022 Decola Ltr Dtd 03/14/22 Re Potential Discharge of Radioactive Water from Pilgrim Nuclear Power Station ML22041B0762022-03-0707 March 2022 03-07-22 - Letter to the Honorable William R. Keating, Responds to Letter Regarding Proposed Release of Irradiated Water at Pilgrim Nuclear Power Station Into Cape Cod Bay ML22054A2962022-02-23023 February 2022 Annual ISFSI Radioactive Effluent Release Report for 2021 2024-02-02
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November 27, 2019 EA-17-132 EA-17-153 Mr. Pierre Paul Oneid Senior Vice President and Chief Nuclear Officer Holtec International Krishna P. Singh Technology Campus 1 Holtec Blvd.
Camden, NJ 08104 Ms. Pamela B. Cowan Senior Vice President and Chief Nuclear Officer Holtec Decommissioning International, LLC Krishna P. Singh Technology Campus 1 Holtec Blvd.
Camden, NJ 08104
SUBJECT:
RESPONSE TO REQUEST FOR RESCISSION OF CONFIRMATORY ORDER FOR PILGRIM NUCLEAR POWER STATION
Dear Mr. Oneid and Ms. Cowan:
This letter documents the U.S. Nuclear Regulatory Commission (NRC) staff response to the request for rescission of a Confirmatory Order for Pilgrim Nuclear Power Station (Pilgrim). As described in detail below, the NRC staff determined that the request did not demonstrate good cause for the withdrawal of the Confirmatory Order.
On March 12, 2018, the NRC staff issued a Confirmatory Order to the power reactor facilities owned and operated by Entergy Nuclear Operations, Inc. (ENOI) and Entergy Operations, Inc.
(EOI). The Confirmatory Order can be found in the NRC Public Document Room and from the NRCs Agencywide Documents Access and Management System (ADAMS) Accession No. ML18072A191. The Confirmatory Order was issued to ENOI and EOI as a result of a successful alternative dispute resolution mediation session, and the commitments were made as part of a settlement agreement between ENOI, EOI, and the NRC. The settlement agreement concerned apparent violations of NRC requirements, as discussed in our letter dated November 20, 2017 (ADAMS Accession No. ML17325A002).
By letter dated May 13, 2019, ENOI requested rescission of the Confirmatory Order for Pilgrim (ADAMS Accession No. ML19133A276) upon the docketing of 10 CFR 50.82(a)(1) certifications for permanent cessation of operations and removal of fuel from the reactor vessel. In the letter, ENOI stated that after these certifications are submitted, many of the regulatory requirements
P. Oneid and P. Cowan 2 associated with the Confirmatory Order will no longer be applicable to Pilgrim. In a letter dated June 10, 2019, ENOI submitted the certifications (ADAMS Accession No. ML19161A033). The NRC staff notes that in accordance with the NRC Enforcement Manual, Part I, Section 2.7.8 (ADAMS Accession No. ML19274C228), where the NRC exercises its inherent discretionary authority to not enforce the terms of an order, as would be the case with the requested relief here, the appropriate action is withdrawal, not rescission, of the Order or particular terms of the Order.
In follow-up telephone conversations with Mr. Michael Hay, Deputy Director, Division of Reactor Projects, on July 17 and 18, 2019, ENOI stated that it intended to submit additional information in support of the rescission withdrawal request. The additional information was provided by ENOI on August 19, 2019, ADAMS Accession No. ML19308A994.
Subsequently, by Order dated August 22, 2019 (ADAMS Accession No. ML19170A265), the NRC staff provided consent to the transfer of Pilgrims license to Holtec Decommissioning International, LLC (HDI) and Holtec International (Holtec). On August 26, 2019, ENOI informed the NRC that the transaction closed on August 26, 2019 (ADAMS Accession No. ML19239A037). On August 27, 2019, the staff issued a conforming amendment to HDI and Holtec to reflect the license transfer (ADAMS Accession No. ML19235A050).
The NRC staff reviewed and evaluated the May 13 and August 19, 2019, correspondence from ENOI against the criteria provided in the NRC Enforcement Manual and determined that the request did not demonstrate good cause for the withdrawal of the Confirmatory Order.
Specifically, the NRC staff determined that while the request did describe a material circumstance change (e.g., permanent cessation of operations) the request did not provide, in sufficient detail, justification for how acceptable levels of quality and safety will be maintained or why the underlying purpose of the Confirmatory Order is no longer necessary at Pilgrim.
Therefore, the NRC plans no further action regarding ENOIs request. The Confirmatory Order and the requirements contained within remain applicable to Pilgrim.
As noted in Section V of the Confirmatory Order, the agreement is a modification of the license and is binding upon successors and assigns of EOI and ENOI. Therefore, as the licensed operator for Pilgrim decommissioning, HDI is required to comply with the Confirmatory Order and may request relaxation, withdrawal, or rescission with a demonstration of good cause. As indicated above, such a request must provide, in sufficient detail, justification for how acceptable levels of quality and safety will be maintained or why the underlying purpose of the order is no longer necessary at Pilgrim.
You are not required to respond to this letter. However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Director, Division of Reactor Projects, 1600 E. Lamar Blvd., Arlington, TX 76011-4511.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter and your response, should you choose to submit one, will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs ADAMS accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
P. Oneid and P. Cowan 3 If you have any questions regarding this matter, you may contact John Kramer, Senior Enforcement Specialist, at 817-200-1121.
Sincerely,
/RA/
Scott A. Morris Regional Administrator Docket No. 05000293 License No. DPR-35 cc:
Mr. Ron Gaston Director, Nuclear Licensing Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213
ML19331A616 SUNSI Review: ADAMS: Non-Publicly Available Non-Sensitive Keyword:
By: JGK Yes No Publicly Available Sensitive OFFICE SES/ACES TL:ACES RC C:DRP/D D:DNMS BC:RI NRR:D/DORL NAME JKramer JGroom DCylkowski JDixon MHay ADimitriadis CErlanger SIGNATURE /RA/ /RA/ /RA/ /RA/ /RA/ /RA/E /RA/E DATE 11/04/19 11/04/19 11/04/19 11/12/19 11/14/19 11/12/2019 11/08/2019 OFFICE OGC OE D:DRP RA NAME RCarpenter JPeralta AVegel SMorris SIGNATURE /RA/E /RA/E /RA/ /RA/
DATE 11/08/2019 11/08/2019 11/18/19 11/27/19