When A Plant Changes Hands

Neil Sheehan
Public Affairs Officer
Region I

FitzPatrickTowerViewIn February, Entergy announced plans to permanently shut down the James A. FitzPatrick nuclear power plant on Jan. 27, 2017. However, there are indications – based on recent negotiations between Entergy and Exelon – that the facility may not cease operations after all.

On Aug. 9, Exelon announced it had reached a deal to purchase the Scriba (Oswego County), N.Y., boiling-water reactor from Entergy for $110 million. This agreement occurred after the New York State Public Service Commission approved Zero Emission Credits, or subsidies, which will help upstate N.Y. nuclear plants stay online amid historically low energy prices.

Challenging market conditions had earlier prompted Entergy to announce the plant’s closure. The NRC in 2008 had approved a renewal of FitzPatrick’s initial 40-year operating license, extending it until October 2034.

Before the sale of the plant can be completed, the transaction will undergo reviews by the NRC, as well as other regulatory agencies. NRC staff will evaluate Exelon’s technical and financial capabilities to ensure the plant’s safe operation and to provide reasonable assurance that adequate funding is available to safely decommission the unit after the final shutdown has occurred.

Exelon currently owns and operates 22 reactors at 13 plant sites in the U.S. The company also runs Fort Calhoun under a contract with the Omaha Public Power District.

We will publish on our website and in the Federal Register a notice of having received the license transfer application, dated August. 18, and the opportunity to request a hearing on the proposal. As for the process itself, such reviews generally take from six months to a year. For example, when the FitzPatrick operating license was transferred from the New York Power Authority to Entergy in 2000, the review was completed in about half a year.

As a footnote, Exelon already owns the Nine Mile Point nuclear power plant, which is located next-door to FitzPatrick.

Yucca Mountain Documents Now Publicly Available – In a New Online Library

David McIntyre
Public Affairs Officer

The NRC is flipping the switch today on its new LSN Library — making nearly 3.7 million documents related to the adjudicatory hearing on the proposed Yucca Mountain repository available to the public.

yuccatunnelThe library makes the discovery documents by various parties to the hearing public for the first time in five years, and with enhanced search capabilities. The new LSN Library is part of the NRC’s online documents database, known as ADAMS. Although the NRC staff’s discovery documents were already publicly available in ADAMS, those materials have been incorporated into the LSN Library to permit “one-stop” searching for Yucca-related technical information.

Here’s the genesis of the new library: The NRC created the Licensing Support Network, or LSN, back in 2001, years before the Department of Energy submitted its application in 2008 for construction authorization for a high-level waste repository at Yucca Mountain. The network was designed to allow easy access to the volumes of discovery documents that would support various aspects of the hearing.

The LSN was a database that required participants to house their documents on their own servers that were accessible for “crawling” by LSN software maintained by the NRC. This software created a document index. Participants and the public could search the index and generate a link to relevant documents on the participants’ home servers.

The LSN worked smoothly through the early stages of the hearing. But then the Department of Energy shut down the Yucca Mountain Project in 2010, and the NRC staff proceeded with an “orderly closure” of its review of DOE’s license application. As part of the orderly closure, an Atomic Safety and Licensing Board Panel’s Construction Authorization Board suspended the hearing in September 2011. The LSN was closed down the previous month, with the CAB directing the parties (other than the NRC staff, whose documents were already public in ADAMS) to provide all their LSN documents to the NRC’s Office of the Secretary.

Then in August 2013, the U.S. Court of Appeals for the District of Columbia Circuit ordered the NRC to resume its review of DOE’s Yucca Mountain application, using previously appropriated money from the Nuclear Waste Fund.

The Commission directed the staff to finish and publish its Safety Evaluation Report, the main technical review of the application. The staff published the final volumes in January 2015. Then the Commission directed the staff to prepare a supplement to DOE’s Environmental Impact Statement, covering certain groundwater issues that were not fully analyzed in the EIS. The staff issued the final supplement this past May.

Additionally, the Commission directed that if there was enough money remaining, the LSN documents should be made publicly available. As explained in a paper published August 12, that’s the work being completed now with activation of the LSN Library.

The library is significant for three reasons. First, it meets federal records requirements. Second, the library again provides public access to the previously-disclosed discovery materials should the Yucca Mountain adjudicatory hearing resume. Third, should the Yucca Mountain hearing not resume, the library will provide an important source of technical information for any future high-level waste repository licensing proceeding.

And of course, the library helps us meet the NRC’s goal of being an open and transparent regulator.