About Comments on Proceedings
Members of the public can submit comments on federal proceedings when available. You will find a link to information on how to comment next to the proceeding listed below, along with a submission deadline.
The documents linked below include reference codes where available used by the federal Nuclear Regulatory Commission (NRC) or other appropriate federal agency. For comments submitted to NRC, these are typically 11-character alphanumeric codes beginning with "ML" or 15-character hyphenated codes beginning with "NRC."
NRC Decommissioning Rulemaking
Docket NRC-2015-0070
On February 14, 2024, NRC publicly released the decommissioning final rule package. Next, the Commission will review and vote on the package. If the Commission approves, then NRC staff will make any changes directed by the Commission and publish the final rule in the Federal Register, with the changes effective 30 days after publication. NRC’s current estimated publication date for the final rule is August 2024. However, the actual publication date will depend on the timing of the Commission’s review and any changes they direct NRC staff to make.
New York State (NYS) has been actively engaged for years with the NRC Decommissioning Rulemaking. The proposed rule will make many changes to the NRC regulations involving Decommissioning.
- New York State submitted comments on the Advance Notice of Proposed Rulemaking in March 2016 (NRC-2015-0070-0112)
- New York State submitted comments on the regulatory basis in June 2017 (NRC-2015-0070-0213)
- The NYS Department of Public Service (DPS), New York State Energy Research and Development Authority (NYSERDA), and NYS Office of Attorney General (OAG) each submitted comments in August 2022. Read all three sets of comments.
- DPS submitted supplemental comments on comprehensive decommissioning oversight in August 2023.
License Amendment Requests and Exemption Requests
New York State (NYS) reviews every exemption request and license amendment request (LAR) that is submitted by Holtec.* NYS often engages with NRC and Holtec* informally, but will submit formal comments when deemed appropriate. The items listed below include those exemption requests and LARs commented on by NYS. The absence of written comments should not be viewed as a lack of due diligence or engagement by NYS.
- Holtec submitted an LAR requesting approval of an ISFSI-only Security, Training and Qualification, Safeguards Contingency Plan on January 17, 2023. (ML23024A046)
- APPROVAL: NRC approved the LAR on December 5, 2023. (ML23339A044)
- APPROVAL: NRC approved the LAR on December 5, 2023. (ML23339A044)
- Holtec submitted an LAR requesting approval of an ISFSI-only Emergency Plan on November 17, 2022. (ML22321A148)
- APPROVAL: NRC approved the LAR on November 29, 2023. (ML23326A132)
- APPROVAL: NRC approved the LAR on November 29, 2023. (ML23326A132)
- Holtec submitted an LAR to revise the site technical specifications following transfer of all spent fuel to the ISFSI on November 2, 2022. (ML22306A126)
- APPROVAL: NRC approved the LAR on December 1, 2023. (ML23242A275)
- Correction issued by NRC on February 22, 2024 to clarify appropriate pages to be removed and retained by license amendment. (ML24045A088)
- Holtec submitted an exemption request to certain emergency preparedness requirements on December 22, 2021, along with a supplement dated February 1, 2022 and a revision dated February 2, 2022. Holtec also submitted an LAR for Permanently Defueled Emergency Plan (PDEP) and Emergency Action Level Scheme on December 22, 2021, along with a revision dated February 4, 2022. (ML21356B693, ML21356B704, ML22035A121, ML22032A017, ML22033A348)
- New York State submitted comments to NRC on November 22, 2022. (ML22332A048)
- NRC responded to New York State on March 3, 2023.
- The Department of Public Service submitted additional comments and a request for a public forum to NRC on January 6, 2023. (ML23009B687)
- NRC responded to the Department of Public Service on March 2, 2023.
- APPROVAL: NRC approved the exemptions on November 1, 2023. The approval was accompanied by NRC staff's safety evaluation. (ML23063A143, ML23067A082)
- APPROVAL: NRC approved the LAR on November 13, 2023. (ML23064A000)
- New York State submitted comments to NRC on November 22, 2022. (ML22332A048)
- Holtec submitted a Unit 2 LAR for changes to staffing requirements on August 2, 2022. (ML22214A128)
- APPROVAL: NRC approved the LAR on November 16, 2023. (ML23050A003, ML22307A045, ML23050A002)
- APPROVAL: NRC approved the LAR on November 16, 2023. (ML23050A003, ML22307A045, ML23050A002)
- Holtec submitted an LAR to change the cyber security plan license condition on May 20, 2022. (ML22140A126)
- New York State submitted comments to NRC on February 14, 2023 (Link to be provided once posted by NRC)
- APPROVAL: NRC approved the license amendment on November 14, 2023. (ML23100A117)
- Holtec submitted an exemption request for the allowable contents in HI STORM dry cask storage containers on March 24, 2022. (ML22083A191)
- New York State submitted comments on Holtec's request to NRC on August 1, 2022 (ML22215A044)
- APPROVAL: NRC approved the exemption request on November 7, 2022. (ML22217A016, ML22217A017)
- Holtec submitted an offsite liability insurance exemption request on March 25, 2022. (ML22084A103)
- New York State provided comments about Holtec's request to NRC on May 24, 2022 (ML22146A364)
- APPROVAL: NRC approved the exemption on November 14, 2023. (ML23100A125, ML23100A126, ML23321A193)
- Holtec submitted an onsite liability insurance exemption request on March 18, 2022. (ML22077A132)
- APPROVAL: NRC approved the exemption on November 14, 2023. The approval was accompanied by NRC staff's evaluation. (ML23100A143, ML23100A144)
- APPROVAL: NRC approved the exemption on November 14, 2023. The approval was accompanied by NRC staff's evaluation. (ML23100A143, ML23100A144)
- Entergy submitted a Unit 3 LAR for the installation of a new fuel transfer crane on March 24, 2020.
- New York State provided comments about Entergy's Unit 3 LAR to NRC on April 21, 2021 (ML21111A361)
- New York State provided comments about Entergy's Unit 3 LAR to NRC on April 21, 2021 (ML21111A361)
- Entergy submitted a Decommissioning Trust Fund exemption request on February 20, 2020.
- NYSERDA submitted comments about Entergy's request to NRC on November 10, 2020 (ML20316A008)
- Office of the Attorney General (OAG) submitted comments about Entergy's request to NRC on March 24, 2020 (ML20091J663)
- OAG submitted supplemental comments about Entergy's request to NRC on October 7, 2020 (ML20281A635)
- Entergy submitted an Emergency Plan revisions LAR on April 15, 2019.
- New York State provided comments about Entergy's LAR to NRC on July 9, 2020 (ML20011C343)
*Prior to Holtec's acquisition of Indian Point in 2021, several exemption requests and LARs were submitted by previous site owner and operator Entergy. Those submissions are noted above.
Storage of Spent Nuclear Fuel
Nuclear Power Plant Infrastructure Evaluations for Removal of Spent Nuclear Fuel
While a federal repository for spent nuclear fuel has not yet been identified, the federal Department of Energy (DOE) has nonetheless been charged with assessing nuclear power plant sites and transportation options to be prepared for the eventual removal of spent nuclear fuel from commercial nuclear power sites.
In February 2024, DOE issued a 558 page report evaluating nuclear power plant site infrastructure and near-site transportation infrastructure for removing spent nuclear fuel and greater-than-Class C low-level radioactive waste from 20 sites, including Indian Point.
To view the report, Nuclear Power Plant Infrastructure Evaluations for Removal of Spent Nuclear Fuel. The section on Indian Point begins on document page 444.
Consent-Based Siting
The DOE is also working to develop a consent-based siting process to identify sites to consolidate and temporarily store spent nuclear fuel.
- NYSERDA provided comments to DOE on this initiative in March 2022: DOE Responses to RFI on Consent-Based Siting and Interim Storage (pp. 383-478).
Spent Nuclear Fuel Package Performance Demonstration
The U.S. Department of Energy (DOE) has issued a request for information (RFI) to gather input on a proposed package performance demonstration (PPD) to show the robustness of spent nuclear fuel transportation casks in hypothetical accident conditions.
From the DOE announcement:
By simulating severe accident scenarios, DOE intends to demonstrate to the public and stakeholders the safety and reliability of transporting spent nuclear fuel by rail, heavy-haul truck, and barge.
DOE is seeking information from a wide range of stakeholders, including government partners, the general public, industry experts, and potential suppliers.
Key Objectives
- Build Public Trust: The PPD aims to address public concerns regarding the safety of transporting spent nuclear fuel by rail, heavy-haul truck, and barge.
- Comprehensive Input: Stakeholder feedback is sought on the types of full-scale demonstrations to be conducted, the selection of spent nuclear fuel transportation casks, potential testing facilities, and how information from the PPD can be used.
- Supplier Engagement: DOE is requesting detailed information from potential suppliers regarding equipment and services necessary for the PPD, including cask vendors, testing facilities, and providers of instrumentation and videography services.
Interested parties are invited to submit their responses electronically by 6 PM PST, Sept. 30, 2024.
Responses to the RFI will be used to design the PPD so it effectively addresses public concerns and demonstrates the safety of spent nuclear fuel transportation casks.
DOE is implementing a consent-based siting process to identify sites for one or more federal consolidated interim storage facilities for the nation’s spent nuclear fuel. This will involve large-scale transportation of spent nuclear fuel from over 70 nuclear power plant sites, with rail being the primary mode of transport.
DOE plans to increase its outreach and engagement activities, including webinars, listening sessions, and working groups, to raise awareness about the transportation of spent nuclear fuel.
For more information on this RFI and directions on how to submit responses, please visit the FedConnect listing.
Environmental Justice
NYSERDA also filed comments on the NRC’s Systematic Assessment for how the agency addresses Environmental Justice in its Programs, Policies, and Activities on October 29, 2021: NRC-2021-0137-0277