Indian Point nuclear power plant in Buchanan, N.Y. Photo: Entergy Nuclear

New York Attorney General Letitia James filed a lawsuit on behalf of the State of New York against the Nuclear Regulatory Commission over the sale of the Indian Point nuclear power plant to subsidiaries of Holtec International for decommissioning.

Filed in the U.S. Court of Appeals for the District of Columbia Circuit on January 22, the suit challenges the NRC’s denial of New York’s petition for a hearing regarding the transfer of Indian Point’s licenses from owner Entergy to Holtec, as well as the NRC’s initial approval of the license transfer. The NRC approved the transfer in November 2020 while challenges from the state and other groups were still being adjudicated. The NRC issued its order denying New York’s petition to intervene on January 15.

The transfer of ownership of the plant from Entergy to Holtec is targeted to occur after Indian Point-3 shuts down in April 2021. Indian Point-2 permanently ceased operations in April 2020, and Indian Point-1 has been shut down since 1974. The pressurized-water reactors are located in Buchanan, N.Y., approximately 24 miles north of New York City.

The Nuclear Regulatory Commission has extended for two months the public comment period for its draft decommissioning guidance, Consolidated Decommissioning Guidance, Characterization, Survey, and Determination of Radiological Criteria (NUREG-1757, Volume 2, Revision 2).

NRC commissioner Christopher T. Hanson participates in the commission briefing on the agency’s response to the COVID-19 pandemic. Photo: NRC

President Biden designated Christopher T. Hanson as the 18th chairman of the Nuclear Regulatory Commission over the weekend. Hanson replaces Kristine Svincki who resigned from the NRC as chairman on January 20. Svinicki was the longest-serving commissioner in the agency's history (2008-2021).

“I am honored to have been selected by President Biden to serve as the next NRC chairman and to lead the talented women and men who oversee the licensing and regulation of our nation’s civilian use of radioactive materials,” said Hanson. “I look forward to building on Chairman Svinicki’s many accomplishments as the commission takes on new challenges and faces new opportunities as nuclear energy technologies continue to evolve and uses of nuclear materials expand in the future.”

Five former chairmen of the U.S. Nuclear Regulatory Commission—Stephen Burns, Allison Macfarlane, Nils Diaz, Richard Meserve, and Dale Klein—signed a letter to José Romero, Arkansas health secretary and chair of the Centers for Disease Control and Prevention (CDC) immunization advisory committee, requesting that the advisory committee update its recommendation for COVID-19 vaccine allocation guidance for the energy workforce (including nuclear energy workers).

Currently, the CDC has four phases for the COVID-19 vaccine rollout. Those phases are numbered:

• 1a (the current phase), reserved for healthcare workers and those living in long-term care facilities;
• 1b, reserved for people 75 years and older and frontline essential workers;
• 1c, reserved for persons 65 to 74 years old, those aged 16 to 64 who have high-risk medical conditions, and other categories of essential workers (this includes energy workers); and
• 2, for everyone else that was not named in the previous three phases aged 16 to 64.

Despite all the challenges of the COVID-19 pandemic, the U.S. nuclear energy community pulled out some big wins in 2020, and this year could be even bigger, according to the Department of Energy’s Office of Nuclear Energy.

From deep space exploration on Mars to a historic new reactor coming online in Waynesboro, Ga., 2021 will be a record-breaking year for the industry—both good and potentially bad.

Find the full details on the DOE-NE website.

Here is a look back at the top stories of 2020 from our Waste Management section in Newswire and Nuclear News magazine. Remember to check back to Newswire soon for more top stories from 2020.

Waste Management section

• First-ever cleanup of uranium enrichment plant celebrated at Oak Ridge: The completion of the decades-long effort to clean up the former Oak Ridge Gaseous Diffusion Plant was celebrated on October 13, with Energy Secretary Dan Brouillette joining U.S. Sen. Lamar Alexander, U.S. Rep. Chuck Fleischmann, Tennessee Gov. Bill Lee, and other state and community leaders at the East Tennessee Technology Park, where the uranium enrichment complex once stood. Read more.

Here is a look back at the top stories of 2020 from our Power and Operations section in Newswire and Nuclear News magazine. Remember to check back to Newswire soon for more top stories from 2020.

Power and Operations section

• Defense Department invests in three microreactor designs: Three reactor developers got a boost on March 9 when they each were awarded a contract from the U.S. Department of Defense to design a reactor that can fit inside a standard shipping container for military deployment. Read more.

On behalf of America’s nuclear professionals, we thank Chairman Kristine Svinicki for her service and leadership at the U.S. Nuclear Regulatory Commission.

Chairman Kristine Svinicki announced today that she intends to leave the Nuclear Regulatory Commission on January 20. She issued a statement in a press release from the NRC.

Chairman Svinicki has served as a commissioner under three administrations and is the longest serving member of the commission. She was first appointed to the commission by President Bush in 2007, was reappointed in 2012 by President Obama, and was designated chairman by President Donald J. Trump on January 23, 2017. Her term would have ended on June 30, 2022.

Workers in nuclear must be free to report potential problems without fear of retaliation. When it comes to issuing adverse actions, employers have a responsibility to ensure that protected activity rights are not infringed.

The final text of the approximately 5,600-page Consolidated Appropriations Act 2021 was released on December 22. While the timing of final passage is still fluid, the Senate was expected to approve it and send it on to President Trump to sign into law, according to John Starkey, American Nuclear Society government relations director.

Below are some key funding highlights from the legislation pertaining to nuclear energy.

The Nuclear Regulatory Commission has withdrawn a proposed interpretation of its low-level radioactive waste regulations that would have permitted licensees to dispose of waste by transferring it to persons who hold specific NRC exemptions. “The proposal is being withdrawn based on the NRC staff’s assessment that the proposed changes may not benefit the regulatory framework for the disposal of low-level radioactive waste,” the NRC said in a December 17 Federal Register notice.

After releasing the proposed rule for public comment on March 6, 2020, the NRC received about 200 individual comment submissions and approximately 15,000 form letter submissions, the vast majority of which were in opposition to the proposed rule.

“We have strongly disputed the argument by various groups who misrepresented the proposal as deregulation of radioactive waste disposal,” NRC spokesperson David McIntyre told the Courthouse News Service. “This would not have changed anything, just made an existing case-by-case approval process more efficient.”

The Nuclear Regulatory Commission has issued the draft report, Consolidated Decommissioning Guidance, Characterization, Survey, and Determination of Radiological Criteria (NUREG-1757, Volume 2, Revision 2), with a request for comments by February 8.

NUREG-1757, which is intended for use by applicants, licensees, and the NRC staff, was last updated in 2006. This latest revision addresses lessons learned and experience gained from the review of license termination plans, decommissioning plans, and final status surveys for licensees undergoing license termination since then.

Notice of the draft NUREG was published in the December 8 Federal Register.

The Nuclear Regulatory Commission has approved the transfer of the license for Unit 2 of the Three Mile Island nuclear power plant from FirstEnergy Companies to TMI-2 Solutions, a subsidiary of Utah-based EnergySolutions. The approval, announced on December 2, is effective immediately, and the license will be amended to reflect the new ownership once the sale of TMI-2 is completed.

A final report on the dry storage and transportation of high-burnup spent nuclear fuel (NUREG-2224) has been issued by the Nuclear Regulatory Commission. NUREG-2224 provides a technical basis in support of the NRC’s guidance on adequate fuel conditions as it pertains to hydride reorientation in the cladding of high-burnup spent fuel (over 45 gigawatt-day per metric ton uranium).

NUREG-2224, “Dry Storage and Transportation of High Burnup Spent Nuclear Fuel,” was made publicly available on November 23 on the NRC’s ADAMS website with Accession No. ML20191A321.

Indian Point’s licenses will transfer to Holtec for decommissioning after the plant shuts down in 2021. Photo: Entergy Nuclear

The transfer of the Indian Point nuclear power plant licenses from Entergy to Holtec International, as owner, and Holtec Decommissioning International (HDI), as decommissioning operator, has been approved by the Nuclear Regulatory Commission. The license transfers follow the transfer of the licenses of the Oyster Creek nuclear plant from Exelon and the Pilgrim plant from Entergy to Holtec in mid-2019. As with the Oyster Creek and Pilgrim plants, Holtec and HDI intend to expedite the decommissioning and dismantling of Indian Point.

Indian Point’s three pressurized water reactors are located in Buchanan, N.Y., approximately 24 miles north of New York City. Units 1 and 2 have been permanently shut down, in 1974 and 2020, respectively, and Unit 3 is scheduled to be shut down in April 2021. The license transfer also includes the plant’s independent spent fuel storage installation (ISFSI).

The Palo Verde nuclear power plant in Arizona.

A confirmatory order issued by the Nuclear Regulatory Commission to Arizona Public Service Company documents the commitments the company has made as part of a settlement agreement with the agency. The settlement agreement stems from two apparent violations of NRC regulations involving spent nuclear fuel at APS’s Palo Verde nuclear power plant in Tonopah, Ariz.

The apparent violations involved APS’s failure to (1) perform a written evaluation for a change to the NAC MAGNASTOR dry cask storage system for spent fuel and obtain a license amendment for a change in methodology for performing tip-over calculations and (2) adequately analyze the consequences of a hypothetical MAGNASTOR CC5 spent fuel cask tip-over accident on the plant’s independent spent fuel storage installation pad.

The confirmatory order was issued on November 17. The apparent violations are described in a July 6 NRC inspection report.

The Pilgrim nuclear power plant was shut down in May 2019. Photo: Entergy Energy

The Nuclear Regulatory Commission has denied a request by the antinuclear group Pilgrim Watch for a hearing in the transfer of the Pilgrim nuclear power plant’s license from Entergy to a subsidiary of Holtec International for decommissioning. The NRC commissioners issued the order denying Pilgrim Watch’s petition to intervene and request a hearing on November 12.

Pilgrim Watch submitted its petition against the transfer of Pilgrim’s license from Entergy to Holtec Decommissioning International in February 2019. The NRC staff, however, approved the transfer in August 2019, while the petition was still under review. NRC regulations allow staff to approve a license transfer under the condition that the commissioners may later move to “rescind, modify, or condition the approved transfer based on the outcome of any post-effectiveness hearing on the license transfer application.”

A separate petition against the license transfer submitted by the state of Massachusetts was withdrawn in June, following a settlement agreement between the state and Holtec.

Pilgrim permanently ceased operations in May 2019. Holtec plans to decommission the plant (with the exception of the independent spent fuel storage installation) on an eight-year schedule to permit partial site release by the NRC.

Clockwise from top left are Craig Piercy, Ray Furstenau, Tom O’Connor, Sean McDeavitt, Tara Neider, and Judi Greenwald.

The Versatile Test Reactor’s conceptual design was approved in September, and a draft environmental impact statement could be released within the week. The completion of more project milestones leading to operation in 2026, however, will depend on congressional appropriations. An expert panel described the need for a state-of-the-art test reactor and the value that the VTR could bring to the U.S. nuclear R&D community over its 60-year lifetime during a recent webinar—“Advanced U.S. Nuclear Research and Development: A Briefing and Discussion on the VTR”—hosted by Idaho National Laboratory.

Craig Piercy, ANS executive director/CEO, moderated the webinar, introducing a project update from VTR executive director Kemal Pasamehmetoglu and facilitating a Q&A session with representatives of the Nuclear Regulatory Commission, the Department of Energy, universities, reactor developers, and the Nuclear Innovation Alliance. A recording of the October 29 webinar is available online. INL also has a video and information online on the VTR.

“I think that the VTR represents part of a larger effort to modernize our infrastructure, develop a new set of technologies, and really preserve our global leadership in the field,” said Piercy. Read on to learn more about the promise the VTR holds for the nuclear community.

The Nuclear Regulatory Commission last week announced the publication of the 2020–2021 Information Digest, which describes the agency's mission, responsibilities, accomplishments, and activities and provides general information on nuclear-related topics. The digest is published annually and, beginning this year, will be available electronically only on the NRC’s website.

The complete 227-page document or individual sections, including a handy nine-page “NRC at a Glance” section, is available for download. An audiobook of the digest is also available at the site.