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The Nuclear Regulatory Commission has withdrawn a proposed interpretation of its low-level radioactive waste regulations that would have permitted licensees to dispose of waste by transferring it to persons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 “The proposal is being withdrawn based on the NRC staff’s assessment that the proposed changes may not benefit the regulatory framework for the disposal of low-level radioactive waste,” the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

Yucca Mountain in Neveda.

The commissioners of the Nuclear Regulatory Commission voted 3-2 in favor of a recommendation by agency staff to produce a knowledge management “roadmap” for the suspended Yucca Mountain license review. According to NRC staff, the roadmap, which would focus on the regulatory and technical bases of the NRC’s review of the proposed high-level waste repository, would assist staff in resuming licensing work should Congress appropriate funds to do so. The NRC staff said that the document would be completed within a year.

The staff proposes to use $164,000 from the Nuclear Waste Fund (NWF) to develop the document. The staff’s proposal, along with the voting records of the NRC commissioners, was posted to the NRC’s ADAMS website on October 9.

The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of the American Nuclear Society.

As if COVID-19 and a rancorous presidential election were not enough, over the next few weeks we will also be dealing with the confirmation of a justice to fill the open seat on the Supreme Court. What does that have to do with the American Nuclear Society and nuclear technology? Well, nothing directly, but there is an interesting connection between the Supreme Court and a notable case on nuclear waste decided by the U.S. Court of Appeals for the District of Columbia Circuit in August 2013.

The Nuclear Regulatory Commission announced on September 21 that based on a review of 141 research and development grant proposals, it anticipates awarding more than $7.25 million in funding to 15 of the peer-reviewed proposals. The funding is part of the $16 million appropriated by Congress in fiscal year 2020 under the Integrated University Program.

While independent NRC review panels recommended the 15 R&D proposals for funding, the NRC’s Office of Nuclear Regulatory Research will make a final decision on the awards.

The Nuclear Regulatory Commission has scheduled four webinars in October to present its draft environmental findings and receive comments on Interim Storage Partners’ (ISP) proposed consolidated interim storage facility for used nuclear fuel in Andrews County, Texas.

Information for the webinars will be posted on the NRC’s Public Meetings webpage. The webinars will be held at different times of the day to maximize opportunities for the public to participate and are tentatively scheduled for the following (all times are Eastern):

• October 1, 6 p.m. – 9 p.m.
• October 6, 2 p.m. – 5 p.m.
• October 8, 6 p.m. – 9 p.m.
• October 15, 11 a.m. – 2 p.m.

Full-scale mockup of the upper third of the NuScale Power Module. Photo: NuScale

With a design that has just emerged from a rigorous safety evaluation by the Nuclear Regulatory Commission, and a customer—Utah Associated Municipal Power Systems (UAMPS)—getting ready to prepare a combined license (COL) application, what is next for Oregon-based NuScale Power and for near-term small modular reactor prospects in the United States? As milestones are reached, many want to know.

NuScale plans to supply twelve 60-MWe modules for a 720-MWe plant—called the Carbon Free Power Project (CFPP) by UAMPS—to be sited at Idaho National Laboratory. A smaller, 50-MWe module version of NuScale’s design recently became the first SMR to receive a final safety evaluation report (FSER) from the Nuclear Regulatory Commission.

“The NRC design approval represents a significant de-risking factor for the CFPP,” said UAMPS spokesperson LaVarr Webb. The project is “making steady progress,” Webb said, adding that “UAMPS General Manager and CEO Doug Hunter has said it is much more important to do the project right than to do it fast.”

A licensing board of the Nuclear Regulatory Commission issued an order last week denying calls to reopen proceedings against Holtec International’s application to construct and operate a consolidated interim storage site for used nuclear fuel in southeastern New Mexico.

Fasken Land and Minerals, an oil and gas company based in Midland, Texas, along with Permian Basin Land and Royalty Owners, an association of oil and gas producers and royalty owners (collectively called Fasken), filed motions with the NRC Atomic Safety and Licensing Board (ASLB) seeking to reopen the record and submit an amended late contention against Holtec’s license application.

This year’s Utility Working Conference Virtual Summit, held on August 11, had a dynamic opening plenary and a packed roster of informative sessions. Following is a recap of a 4:00 p.m. (EDT) session that took place.

Don't miss Newswire's coverage of the opening plenary and the sessions at 12:00 p.m. and 2:00 p.m. (EDT).

Shaping a regulatory framework to support future innovation

Session organizers Amir Afzali and Brandon Chisholm of Southern Company crafted a session titled “Advanced Reactors: Innovation in Nuclear Technology Needs Agile, Efficient, and Predictable Regulatory Framework” in the Regulatory Relations track of the UWC Virtual Summit. The panel discussion was focused on how to enable innovation in a regulated industry to support advanced reactor deployments within 10 years. “The right regulatory framework can enable innovation, and right-sizing the regulatory requirements incentivizes innovation,” Chisholm said during his opening comments.

The Nuclear Regulatory Commission has scheduled four webinars in late August and early September to present its draft environmental findings and receive comments on Holtec International’s proposed consolidated spent nuclear fuel storage facility in New Mexico. Webinars were previously held on June 23 and July 9.

As published in the August 13 Federal Register, the public comment webinars will be held on August 20 from 6–9 p.m., August 25 from 2–5 p.m., August 26 from 6–9 p.m., and September 2 from 11 a.m.–2 p.m. All times are Eastern. Information for the webinars is posted on the NRC’s Public Meetings webpage.

The 2020 Utility Working Conference Virtual Summit promises to be a valuable experience for all attendees—and may exceed previous in-person UWC meetings in some ways.

“This program overall is the most aggressive and complex that we have ever put together,” said Vince Gilbert, this year’s technical program chair, who has been actively involved with the UWC since 1998.

The normally three-day event is being shortened to a one-day online meeting—August 11—due to the ongoing coronavirus pandemic. Don't miss out on this unique event. Register now for the virtual summit.

Can't participate live? No problem, you can access all of the sessions afterward on demand at your convenience.