Four exemptions voted on and approved by four Commissioners of the Nuclear Regulatory Commission:
Holtec got what it wanted.
Comments of Commissioner Crowell on SECY-22-0102, “Request by Holtec Decommissioning International, LLC for Exemptions from Certain Emergency Planning Requirements for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3” Since 1987, NRC has issued exemptions from dedicated radiological offsite emergency planning (EP) requirements, including emergency planning zones, for nineteen nuclear power plants that transitioned from operations to decommissioning. Because the spectrum of accidents at a decommissioning reactor that can result in significant offsite radiological consequences is reduced as compared to operating reactors, these exemptions were requested to establish “a level of EP commensurate with the risk of a radiological emergency at a decommissioning power reactor site.”1 However, while the risk of significant offsite radiological consequences is reduced at decommissioning plants, it is not eliminated. Specifically, such risks are present at decommissioning sites before all spent fuel is transitioned to dry cask storage. In such instances, there remains a beyond design basis accident scenario – a major loss of water inventory from the spent fuel pool, followed by heat-up of the spent fuel to the point where substantial zirconium cladding oxidation (fire) and fuel damage can occur.2 The NRC staff acknowledged that, in the early months after a shutdown, “the consequences resulting from an accident at a decommissioning reactor … can be similar to an accident at an operating reactor” because “the offsite consequences of a zirconium fire [in the spent fuel pool] may be comparable to those from operating reactor postulated severe accidents.”3 The Federal Emergency Management Agency, 4 the Conference on Radiation Control Program Directors, 5 and the State of New York6 all commented that the NRC should not rely on either the low probability of such an event, or the amount of time (10 hours) that might be available between when spent fuel cooling is lost and the hottest fuel reaches 900o C, to replace offsite radiological emergency planning with a more generalized all-hazards approach. Based on these concerns, these commenters recommend that NRC require dedicated radiological emergency planning, including a 10-mile EPZ, until all spent nuclear fuel at a site is removed from the spent fuel pool and placed in passive, dry cask storage. I support this approach, which would provide defense-in-depth to protect the public, while ensuring that FEMA will continue to play its vital role in assessing the adequacy of offsite emergency response plans at decommissioning nuclear power plants. At the Indian Point Energy Center, the licensee has just completed transfer of all spent fuel from spent fuel pools to dry cask storage. For this reason, I approve issuance of the requested emergency planning exemptions.
FOOTNOTES: 1 SECY-22-0102 at 2. 2 SECY-22-0102, Enclosure 1 at 1. 3 Draft Regulatory Analysis, Proposed Rule (May 2018) at 42 (ML18012A019). 4 Letter from Jonathan Hoyes, Director, Technical Hazards Division, FEMA to NRC (June 13, 2017). 5 Comment of Conference of Radiation Control Program Directors (June 14, 2017). 6 Comment of New York State Energy Research and Development Authority (Nov. 22, 2022); Comment of New York State Department of Public Service (Jan. 6, 2023)
Microsoft Word – 20230913 CTH-SECY-22-0102 vote+cmts.docx
POLICY ISSUE NOTATION VOTE
RESPONSE SHEET
Brooke P. Clark, Secretary Chair Hanson
SECY-22-0102: Request by Holtec Decommissioning International, LLC for Exemptions from Certain Emergency Planning Requirements for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3
APPROVED
I thank the staff for its thorough review of Holtec’s request for exemptions from certain emergency preparedness (EP) requirements for the Indian Point site. I agree with the staff’s assessment that a significant reduction in radiological risk is achieved as the site transitions from operation to decommissioning status. Further, the licensee continues to make progress transferring fuel to dry storage with Unit 2 fuel transfer complete and Unit 3 fuel transfer planned for completion in November 2023. The scaling of the EP requirements is justified and commensurate with the risk reduction. Also, the technical approach for this exemption request is consistent with that of many previously issued EP exemptions for decommissioning sites. I therefore approve the requested exemptions from certain EP requirements of 10 CFR 50.47(b) and Appendix E to 10 CFR Part 50 for the Indian Point Energy Center.
RESPONSE SHEET TO:
Brooke P. Clark, Secretary
FROM: Commissioner Wright
SUBJECT: SECY-22-0102:
Request by Holtec Decommissioning International, LLC for Exemptions from Certain Emergency Planning Requirements for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3 I appreciate the staff’s detailed evaluation of Holtec Decommissioning International, LLC request for exemptions from certain emergency planning requirements for the Indian Point Nuclear Generating site. Based on the staff’s review and findings, I approve the staff’s recommendation that the Commission grant HDI’s request. This approval is consistent with the significant reduction in radiological risk at a decommissioning site, relative to an operating site.
David A. Wright
That’s it.
Tina Volz-Bongar
646-808-6018 cell
