10832 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: February 22, 2022. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2022–03993 Filed 2–24–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–003, 50–247, 50–286, and 

72–051; NRC–2022–0021] 

Holtec Decommissioning International, 

LLC; Indian Point Nuclear Generating 

Station; Units 1, 2, and 3; Exemption 

From Certain Low-Level Waste 

Shipment Tracking Requirements 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a request 

dated November 19, 2021, from Holtec 

Decommissioning International, LLC 

(HDI), for Indian Point Nuclear 

Generating Station Units 1, 2, and 3 or 

Indian Point Energy Center (IPEC), from 

the requirement to investigate, trace, 

and report to the NRC any low-level 

radioactive waste shipment or part of a 

shipment for which acknowledgement 

of receipt is not received by HDI within 

20 days after transfer from IPEC. HDI 

requested that this time period be 

extended from 20 to 45 days. HDI 

requested this change to avoid the 

administrative burden of investigating, 

tracing, and reporting on shipments that 

continue to be under requisite controls. 

DATES: The exemption was issued on 

February 14, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0021 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0021. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Zahira Cruz Perez, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3808, email: 

Zahira.CruzPerez@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: February 22, 2022. 

For the Nuclear Regulatory Commission. 

Bruce A. Watson, 

Chief, Reactor Decommissioning Branch, 

Division of Decommissioning, Uranium 

Recovery and Waste Programs, Office of 

Nuclear Material Safety and Safeguards. 

NUCLEAR REGULATORY 

COMMISSION 

Docket Nos. 50–003, 50–247, 50–286, 

72–051 

Holtec Decommissioning International, 

LLC 

Indian Point Nuclear Generating 

Station Units Nos. 1, 2, and 3 

Exemption From Certain Low-Level 

Waste Shipment Tracking 

Requirements 

I. Background 

Indian Point Nuclear Generating 

Station Units 1, 2, and 3 or Indian Point 

Energy Center (IPEC), is licensed to 

Holtec Decommissioning International, 

LLC (HDI) under Title 10 of the Code of 

Federal Regulations (10 CFR) Part 50 

(provisional license DPR–5, renewed 

license DPR–26 and DPR–64, Docket 

Nos. 50–003, 50–247, 50–286, 

respectively). The facilities consist of 

three pressurized-water reactors located 

in Buchanan, New York, in Westchester 

County, all of which are permanently 

shut down. IPEC Unit No. 1 was 

permanently shut down in 1974 and is 

in defueled status, IPEC Unit Nos. 2 and 

3 permanently ceased operations on 

April 30, 2020, and April 30, 2021, 

respectively. Fuel was permanently 

removed from IPEC Unit Nos. 2 and 3 

and placed in spent fuel pools on May 

12, 2020, and May 11, 2021, 

respectively. 

HDI is currently decommissioning the 

IPEC facility. Inherent to the 

decommissioning process, large 

volumes of low-level radioactive waste 

are generated. This low-level radioactive 

waste requires processing and disposal 

or disposal without processing, as 

appropriate. To this end, HDI will 

transport, by truck or by mixed mode 

shipments like a combination of truck 

and rail, low-level radioactive waste 

from IPEC to locations such as the waste 

disposal facility operated by Waste 

Control Specialists (WCS) in Andrews, 

Texas. The estimated license 

termination date for IPEC is 2062, and 

the estimated date for partial site 

release, for the entire site except for the 

Independent Spent Fuel Storage 

Installation (ISFSI), is 2033. The site 

restoration activities will be completed 

by 2062. HDI projects that all 

decommissioning activities, except for 

decommissioning the ISFSI, will be 

completed by early 2032, and expects to 

complete transfer of spent fuel to the 

ISFSI by 2024. 

II. Request/Action 

By letter dated November 19, 2021 

(Agencywide Documents Access and 

Management System [ADAMS] 

Accession No. ML21323A070), as 

supplemented on February 3, 2022 

(ADAMS Accession No. ML22034A603), 

HDI requested an exemption from 

certain requirements 10 CFR part 20, 

‘‘Standards for Protection Against 

Radiation,’’ Appendix G, ‘‘Requirements 

for Transfers of Low-Level Radioactive 

Waste Intended for Disposal at Licensed 

Land Disposal Facilities and Manifests,’’ 

Section III.E for shipments of low-level 

radioactive waste from IPEC. As 

indicated by HDI in its request, this 

regulation requires HDI to investigate, 

trace, and report to the NRC any lowlevel radioactive waste shipment or part 

of a shipment for which 

acknowledgement of receipt is not 

received by HDI within 20 days after 

transfer. HDI requested that this time 


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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 10833 

period be extended from 20 days to 45 

days for ‘‘mixed mode shipments from 

IPEC, including combination of truck/ 

rail shipments.’’ 

III. Discussion 

The NRC’s regulations at 10 CFR 

20.2301, ‘‘Applications for exemptions,’’ 

allow the Commission to grant 

exemptions from the requirements of 

the regulations in 10 CFR part 20 if it 

determines the exemption is authorized 

by law and would not result in undue 

hazard to life or property. 

A. The Exemption Is Authorized by Law 

The requested exemption from 10 

CFR part 20, Appendix G, Section III.E 

would extend the receipt 

acknowledgment period from 20 days to 

45 days before HDI would have to 

investigate, trace, and report on the 

status of a mixed mode, low-level 

radioactive waste shipment being 

transported from IPEC to a licensed lowlevel radioactive waste processing or 

land disposal facility. As stated above, 

10 CFR Section 20.2301 allows the NRC 

to grant exemptions from the 

requirements of 10 CFR part 20 when, 

in part, the exemptions are authorized 

by law. The NRC determined that the 

requested exemption is permissible 

under the Atomic Energy Act of 1954, 

as amended, and other regulatory 

requirements. Therefore, the NRC finds 

that the requested exemption is 

authorized by law. 

B. The Exemption Would Not Result in 

Undue Hazard to Life or Property 

As stated in Enclosure 1 to SECY–18– 

0055, ‘‘Proposed Rule: Regulatory 

Improvements for Production and 

Utilization Facilities Transitioning to 

Decommissioning’’ (ADAMS Package 

Accession No. ML18012A019), the 

underlying purpose of 10 CFR part 20, 

Appendix G, Section III.E is to require 

licensees to investigate, trace, and report 

on low-level radioactive waste 

shipments that have not reached their 

destination, as scheduled, for unknown 

reasons. 

In support of its exemption request, 

HDI identified the NRC staff statement 

in Enclosure 1 to SECY–18–0055 that 

‘‘operating experience indicates that, 

while the 20-day receipt notification 

window is adequate for waste 

shipments by truck, other modes of 

shipment such as rail, barge, or mixedmode shipments, such as combinations 

of truck and rail, barge and rail, and 

barge and truck shipments, may take 

more than 20 days to reach their 

destination due to delays in the route 

that are outside the shipper’s control 

(e.g., rail cars in switchyards waiting to 

be included in a complete train to the 

disposal facility).’’ On this basis, the 

NRC staff proposed to amend 10 CFR 

part 20, Appendix G, Section III.E to 

extend the receipt notification window 

to 45 days. On November 3, 2021, the 

Commission approved publication of 

this proposed rule in the Federal 

Register, including the provision 

moving the receipt notification window 

from 20 days to 45 days (ADAMS 

Accession No. ML21307A046). HDI also 

stated that its exemption request is 

similar to those previously submitted to 

and approved by the NRC for San 

Onofre Nuclear Generating Station, Fort 

Calhoun Station, Vermont Yankee 

Nuclear Power Station, and Pilgrim 

Nuclear Power Station (ADAMS 

Accession Nos. ML20287A358, 

ML20162A155, ML20017A069, and 

ML21267A519 respectively). 

HDI stated that in its experience at 

IPEC thus far in 2021, numerous rail 

shipments can take longer than 20 days. 

According to HDI, exceeding the 20-day 

requirement results in the 

administrative burden of investigating 

and reporting. 

HDI stated in the February 3, 2022 

supplemental letter in response to NRC 

staff request for additional information, 

that in letters dated November 19, 2021, 

December 21, 2021, and January 13, 

2022 (ADAMS Accession Nos. 

ML21323A108, ML21355A211, and 

ML22013A706, respectively), HDI 

reported to the NRC the results of 

investigations performed to shipments 

and transport of low-level radioactive 

waste shipped via truck from IPEC to 

Newton, Connecticut and transferred to 

rail to the WCS disposal facility in 

Andrews, Texas. The total transport 

time for these low-level radioactive 

waste shipments were 21–22 days. HDI 

stated that these trace investigations 

identified that there were no significant 

or unusual transport delays 

encountered. 

HDI explained that because there is 

not direct rail access at IPEC, the 

disposal of IPEC low-level radioactive 

waste utilizes road shipments to 

intermodal transfer terminals for 

transfer of containers onto rail as the 

primary transport method. In the future, 

HDI indicated that it may utilize other 

methods of transport such as barge. 

According to HDI, these truck-to-rail 

shipments may sit on the rail spur at a 

remote railyard (e.g., waiting for a train 

to depart or allowing for railcar repair), 

which may add to shipping delays. In 

addition, HDI states that administrative 

processes at the disposal facility and 

communication of receipt times could 

add several additional days. 

Additionally, as indicated in the 

exemption request, for truck and rail 

shipments from IPEC, HDI will use a 

tracking system that allows daily 

monitoring of a shipment’s progress to 

its destination, and IPEC shipping 

procedures prescribe the expectations 

for tracking and communications during 

transit. The NRC staff notes that this 

will allow for monitoring the progress of 

shipments on a daily basis, if needed, in 

lieu of the 20-day requirement, and will 

initiate an investigation as provided for 

by 10 CFR part 20, Appendix G, Section 

III.E after 45 days. In addition, in its 

supplemental letter, HDI stated that it is 

contracted with WCS for transportation 

and disposal of all radioactive waste at 

IPEC, and that the agreement includes a 

WCS Shipping Services individual 

dedicated for onsite support to ensure 

packaging and shipment arrangements 

are made in accordance with state and 

federal guidelines. The online tracking 

portal is part of the service provided by 

WCS. Daily reports of railcar locations 

are sent to the HDI Waste Manager at 

IPEC with reporting starting the day the 

shipment leaves the IPEC. 

Because of this oversight and the 

ability to monitor low-level radioactive 

waste shipments throughout the entire 

journey from IPEC to a disposal or 

processing facility, the staff concludes 

that it is unlikely that a shipment could 

be lost, misdirected, or diverted without 

the knowledge of the carrier or HDI and 

that, therefore, there is no potential 

health or safety concern presented by 

the requested exemption. Furthermore, 

by extending the time for receipt 

acknowledgment to 45 days before 

requiring investigations, tracing, and 

reporting, a reasonable upper limit on 

shipment duration is maintained in the 

event that a breakdown of normal 

tracking systems were to occur. 

Based on the above, the NRC staff 

finds that the requested exemption 

would not result in undue hazard to life 

or property. 

C. Environmental Considerations 

With respect to compliance with 

section 102(2) of the National 

Environmental Policy Act of 1969, as 

amended (NEPA), the NRC staff has 

determined that the proposed action, 

the approval of the HDI exemption 

request, is within the scope of the 

categorical exclusion at 10 CFR Section 

51.22(c)(25). The proposed granting of 

the exemption from certain 

requirements of the NRC’s regulations at 

10 CFR part 20, Appendix G, Section 

III.E, would: (i) Present no significant 

hazards consideration; (ii) not result in 

a significant change in the types or 

significant increase in the amounts of 


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10834 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 

any effluents that may be released 

offsite; (iii) not result in a significant 

increase in individual or cumulative 

public or occupational radiation 

exposure; (iv) have no significant 

construction impact; and (v) not result 

in a significant increase in the potential 

for or consequences from radiological 

accidents. Additionally, the 

requirements from which the exemption 

is sought involve reporting requirements 

under 10 CFR Section 51.22(c)(25)(vi)(B) 

and inspection or surveillance 

requirements under 10 CFR Section 

51.22(c)(25)(vi)(C). Given the 

applicability of a relevant categorical 

exclusion, no further analysis is 

required under NEPA. 

IV. Conclusions 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

Section 20.2301, the exemption is 

authorized by law and will not result in 

undue hazard to life or property. 

Therefore, effective immediately, the 

Commission hereby grants HDI an 

exemption from 10 CFR part 20, 

Appendix G, Section III.E, to extend the 

receipt of notification period from 20 

days to 45 days after transfer for rail or 

mixed-mode shipments of low-level 

radioactive waste from IPEC to a 

licensed land disposal or processing 

facility. 

Dated: February 14, 2022. 

For the Nuclear Regulatory Commission. 

Jane E. Marshall, 

Director, Division of Decommissioning, 

Uranium Recovery and Waste Programs, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2022–04034 Filed 2–24–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2022–0001] 

Sunshine Act Meetings 

TIME AND DATE: Weeks of February 21, 

28, March 7, 14, 21, 28, April 4, 2022. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public. 

Week of February 21, 2022 

Thursday, February 24, 2022 

9:55 a.m. Affirmation Session (Public 

Meeting) (Tentative) 

(a) Florida Power & Light Company 

(Turkey Point Nuclear Generating 

Units 3 and 4), Intervenors’ 

Petitions for Review of LBP–19–3, 

LBP–19–6, and LBP–19–8 

(Tentative) 

(b) Duke Energy Carolinas, LLC 

(Oconee Nuclear Station, Units 1, 2, 

and 3); Exelon Generation 

Company, LLC (Peach Bottom 

Atomic Power Station, Units 2 and 

3); Florida Power & Light Co. 

(Turkey Point Nuclear Generating 

Units 3 and 4); NextEra Energy 

Point Beach, LLC (Point Beach 

Nuclear Plant, Units 1 and 2); and 

Virginia Electric and Power 

Company (North Anna Power 

Station, Units 1 and 2) Order that 

Provides Generic Direction for All 

Subsequent License Renewal 

Proceedings Pending Before the 

Agency (Tentative) 

Additional Information: By a vote of 

3–0 on February 18, 2022, the 

Commission determined pursuant to 5 

U.S.C. 552b(e)(1) and 10 CFR 9.107 that 

this item be affirmed with less than one 

week notice to the public. The item will 

be affirmed in the meeting being held on 

February 24, 2022. 

(c) Exelon Generating Company, LLC 

(Peach Bottom Atomic Power 

Station, Units 2 and 3), Beyond 

Nuclear’s Motions to Submit a New 

Contention and Reopen the Record 

(Tentative) 

(Contact: Wesley Held: 301–287– 

3591) 

Additional Information: The public is 

invited to attend the Commission’s 

meeting live by webcast at the Web 

address—https://video.nrc.gov/. 

10:00 a.m. Briefing on Regulatory 

Research Program Activities (Public 

Meeting) 

(Contact: Nick Difrancesco: 301–415– 

1115) 

Additional Information: The public is 

invited to attend the Commission’s 

meeting live by webcast at the Web 

address—https://video.nrc.gov/. 

Week of February 28, 2022 

There are no meetings scheduled for 

the week of February 28, 2022. 

Week of March 7, 2022—Tentative 

There are no meetings scheduled for 

the week of March 7, 2022. 

Week of March 14, 2022—Tentative 

There are no meetings scheduled for 

the week of March 14, 2022. 

Week of March 21, 2022—Tentative 

There are no meetings scheduled for 

the week of March 21, 2022. 

Week of March 28, 2022—Tentative 

There are no meetings scheduled for 

the week of March 28, 2022. 

Week of April 4, 2022—Tentative 

There are no meetings scheduled for 

the week of April 4, 2022. 

CONTACT PERSON FOR MORE INFORMATION: 

For more information or to verify the 

status of meetings, contact Wesley Held 

at 301–287–3591 or via email at 

Wesley.Held@nrc.gov. The schedule for 

Commission meetings is subject to 

change on short notice. 

The NRC Commission Meeting 

Schedule can be found on the internet 

at: https://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify Anne 

Silk, NRC Disability Program Specialist, 

at 301–287–0745, by videophone at 

240–428–3217, or by email at 

Anne.Silk@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

Members of the public may request to 

receive this information electronically. 

If you would like to be added to the 

distribution, please contact the Nuclear 

Regulatory Commission, Office of the 

Secretary, Washington, DC 20555, at 

301–415–1969, or by email at 

Wendy.Moore@nrc.gov or 

Betty.Thweatt@nrc.gov. 

The NRC is holding the meetings 

under the authority of the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

Dated: February 23, 2022. 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2022–04157 Filed 2–23–22; 4:15 pm] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: CAHPS 

Enrollee Survey; OMB Number 3206– 

0274 

AGENCY: Office of Personnel 

Management. 

ACTION: 60-Day notice and request for 

comments 

SUMMARY: Healthcare and Insurance, 

Office of Personnel Management (OPM) 

offers the general public and other 

federal agencies the opportunity to 

comment on the administration of the 

Consumer Assessment of Healthcare 

Providers and Systems (CAHPS®) 


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