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President Donald J. Trump The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Dear Mr. President:

On behalf of the nation’s states, cities, and counties, we write to request a formal pause, beginning on March 11, for all open public comment periods concerning both active rulemakings and nonrulemaking notices across every federal department or agency. State and local government policymakers’ thoughtful input into proposed federal agency actions is a vital component of our democratic system and provides federal agencies with much-needed perspectives and potential impacts of federal actions.

We recognize that our members are facing massive challenges in responding to, and as a result of, this global pandemic. At present, regulations.gov acknowledges nearly 700 open comment periods that will close in the next 30 days and more than 1000 over the next 90 days. Regulations.gov stated vision of its eRulemaking Program is “to enable the public ease of access to participate in a high quality, efficient, and open rulemaking process.” The extreme impact on normal working and living conditions will impair the ability of not only state and local officials, but also the general public, issue experts and others to provide thoughtful and meaningful participation and involvement in potential federal government actions that directly affect millions of people.

Consistent and meaningful engagement and consultation between intergovernmental partners is vital in the development and implementation of effective policies, programs and regulations. Therefore, state and local governments urge you to extend agency comment periods for a reasonable period of time, which will allow our state and local policymakers to focus on addressing the nation’s immediate pandemic response needs and ensure their ability to devote proper consideration of agency regulations. Thank you for your consideration.

Most respectfully,

National Governors Association
National Conference of State Legislatures
The Council of State Governments
National Association of Counties
National League of Cities
The United States Conference of Mayors
Government Finance Officers Association
International City/County Management Association
National Association of State Auditors, Comptrollers and Treasurers

The Nuclear Regulatory Commission staff will present a webinar for interested members of the public on July 16 regarding the decommissioning of the Three Mile Island 1 nuclear power plant, located in Londonderry, Pa.

The purpose of the webinar is to provide key facts about the decommissioning process and how the NRC regulates such activities through on-site inspections and other reviews.

The webinar will begin at 1 p.m. Participants will be able to view slides prepared by NRC staff and ask questions in writing via a web page set up to host the session. Online registration is required to take part.

The NRC will also hold a public meeting in Hershey, Pa., on July 23 to discuss and accept public comments on Exelon’s Post-Shutdown Decommissioning Activities Report for Three Mile Island 1, which calls for placing the plant into long-term storage before dismantlement and decontamination work takes place. A copy of the report can be found on the NRC website.

Three Mile Island 1 is scheduled to permanently cease operations by Sept. 30, 2019.

The adjacent Three Mile Island 2 plant did not return to service following the March 1979 accident. It has a different owner and a PSDAR for that unit was submitted to the NRC in June 2013.

The following day, US Ecology Idaho received a number of shipments.  According to the company, additional shipments are expected shortly.  In addition, some FUSRAP waste remains in rail cars awaiting disposal, while other waste is currently onsite that meets the disposal criteria, according to US Ecology officials.

US Ecology plans to resume drum processing, waste treatment and other waste management services in the future, although the dates therefore remain unspecified.

Incident

The incident originally occurred at US Ecology’s 328-acre hazardous waste disposal operation near the city of Grand View, Idaho on November 17, 2018.  The resultant blast blew holes in the roof of the facility that is used for processing waste barrels.  An equipment operator was killed and eight employees suffered non-life-threatening injuries.  The Idaho landfill, however, was not damaged in the incident.

US Ecology, Idaho DEQ, the U.S. Environmental Protection Agency (EPA) and the federal Occupational Safety and Health Administration (OSHA) all continue to investigate the cause of the explosion.  According to a press release, US Ecology has made significant progress in understanding the event and is analyzing samples and other data collected in the wake of the explosion.

Authorization

The Idaho DEQ authorization was issued in response to a request from US Ecology Idaho that was submitted on January 25 2019.  According to an Idaho DEQ press release, the state agency issued the authorization after “certification that the landfill cells are ready to receive waste and a subsequent letter certifying that necessary equipment is in place and can support the safe disposal of waste.”

Specifically, the authorization was issued after a professional engineer certified the state of the landfill cells and US Ecology demonstrated it had support equipment available.  The Idaho DEQ also performed several site visits and inspections, as well as reviewed the company’s temporary authorization request for operations.  The Idaho DEQ then determined that US Ecology could resume limited landfill disposal in a compliant and environmentally protective manner.

The Idaho DEQ approval will enable US Ecology Idaho to begin receiving off-site waste for direct disposal – i.e., the waste may go to the landfill without stopping for storage or treatment.  Idaho DEQ is allowing US Ecology to conduct acceptance and disposal of select bulk wastes, but has not yet authorized the company to resume waste treatment operations.  US Ecology was required to meet several safety requirements before issuance of the authorization.

Background

Boise-based US Ecology operates facilities throughout the United States for disposal and treatment of radioactive and other waste types.  The US Ecology Idaho site is used for disposal and treatment of hazardous and nonhazardous wastes.

US Ecology sites may accept material designated as very low-activity radioactive waste by the U.S. Nuclear Regulatory Commission (NRC) and waste from U.S. Army Corps of Engineers Formerly Utilized Sites Remedial Action Program (FUSRAP) cleanup sites.  US Ecology Idaho can also take in naturally occurring radioactive material (NORM) and technologically enhanced naturally occurring radioactive material (TENORM).

For additional information, please contact Joe Weismann of US Ecology at (208) 319-1634 or at joe.weismann@usecology.com.

The sales include the transfer of the licenses, spent fuel, and Nuclear Decommissioning Trusts (NDTs), as well as the site of the decommissioned Big Rock Point Nuclear Power Plant near Charlevoix, Michigan where only the Independent Spent Fuel Storage Installation (ISFSI) remains.  The transactions are subject to conditions to closing, including approvals from the U.S. Nuclear Regulatory Commission (NRC) of the license transfers.

Overview

Assuming timely regulatory approvals, Holtec expects to initiate proto-prompt decommissioning of Pilgrim in 2020, with the expectation that all major decommissioning work will be completed in approximately eight years.  A timeline for the decommissioning of Palisades will be developed closer to its shutdown. For both Pilgrim and Palisades, Holtec expects to move all of the spent nuclear fuel out of their spent fuel pools and into dry cask storage within approximately three years after the plants’ respective shutdowns.

In previous announcements, Entergy has stated that it remains committed to the safe and reliable operation of Pilgrim and Palisades until their permanent shutdowns.  By selling these plants for decommissioning, Entergy continues to execute its strategy to exit Entergy Wholesale Commodities and move to a pure play utility.  Entergy is seeking regulatory approvals to sell its subsidiary that owns the shutdown Vermont Yankee site by the end of 2018.

Next Steps

Holtec and Entergy expect to file a license transfer request with the NRC in the fourth quarter of this year for Pilgrim, with transaction closing targeted by the end of 2019.  For Palisades, the license transfer request would take place closer to its planned shutdown in the spring of 2022, with transaction closing expected by the end of that year.

Holtec will utilize Comprehensive Decommissioning International, LLC (CDI), which is a newly-formed U.S.-based joint venture company between Holtec International and SNC-Lavalin to perform the decommissioning, including all required demolition and cleanup.

“Holtec will draw on its own and its partners’ safety commitment and decades of experience and expertise in decommissioning and site remediation to carry out decommissioning, which could benefit the local communities by returning these plant sites (excluding each site’s used fuel storage facility) to productive use at an early date,” states the press release.  “Holtec will transfer all of the used nuclear fuel to its cask systems to be stored at the respective sites which will remain under guard at the sites, monitored during shutdown and decommissioning and subject to the NRC’s oversight, until the U.S. Department of Energy (DOE) removes it in accordance with its legal obligations.”

Background

The Pilgrim Nuclear Power Station is the only nuclear power plant operating in Massachusetts.  It is located in the Manomet section of Plymouth on Cape Cod Bay, south of the tip of Rocky Point and north of Priscilla Beach.  Like many similar plants, it was constructed by Bechtel, and is powered by a General Electric BWR 3 boiling water reactor inside of a Mark 1 pressure suppression type containment and generator.  It has a 690 MW production capacity.  Pilgrim Station produces about 14% of the electricity generated in Massachusetts.  On October 13, 2015, plant owners announced that it would close by June 1, 2019.  Entergy cited “market conditions and increased costs,” which would have included tens of millions of dollars of necessary safety upgrades, as the basis for the decision to close the Pilgrim Station.

The Palisades Nuclear Generating Station is located on Lake Michigan in Van Buren County’s Covert Township, Michigan.  The plant is located on a 432-acre site that is five miles south of South Haven, Michigan. The Westinghouse Electric Company turbine generator can produce 725,000 kilowatts of electricity.  Built between 1967 and 1970, Palisades was approved to operate at full power in 1973.  The plant’s original licensee was due to expire on March 24, 2011.  An application for 20-year extension was filed in 2005 with the NRC.  It was granted on January 18, 2007. Therefore, the plant was then scheduled for decommissioning by 2031.  However, Entergy had made a decision to close the plant in October 2018.  Consumers Energy then attempted to buy its way out of a power purchase agreement it has with Entergy and the plant. The Michigan Public Service Commission (MPSC) did not approve Consumer Energy’s full request of $172 million, however, so Entergy decided to keep the plant open three years longer than planned.  Entergy currently plans to close the Palisades plant in 2022.

For additional information about Holtec International, please see www.holtecinternational.com.  For additional information about CDI, please see www.cdi-decom.com. 

For additional information about the Pilgrim and Plymouth projects, please contact Erika Grandrimo at (856) 797-0900, ext. 3920 or at e.grandrimo@holtec.com.

“We urge you to continue to take concrete steps to ensure the national security attributes of U.S. nuclear power plants are properly recognized by policymakers and are valued in U.S. electricity markets,” states the letter.

Overview

On June 1, 2018, President Donald Trump requested that DOE take measures to prevent further closures of nuclear power plants due to a national security interest in securing the national power grid’s resilience.  The recent letter appears to support that request, underscoring the key role of nuclear power toward the national security of the United States, particularly as an essential component of electric grid resilience and the largest source of emission-free generation.

Although the letter acknowledges that discussions concerning the general importance of nuclear energy are underway at the Federal Energy Regulatory Commission (FERC), grid operator and state regulator levels, the letter asserts that only DOE has the power to integrate nuclear power into the broader national security imperatives.  While recognizing that such integration will take time to consider, the letter requests that Secretary Perry take steps to ensure that no additional nuclear power plants are closed in the meantime.

In addition to admirals and vice admirals, signatories to the letter include former U.S. Secretary of State George Shultz; former U.S. Senators Byron Dorgan (D-ND), Judd Gregg (R-NH), Trent Lott (R-MS), Jim Talent (R-MO), and John Warner (R-VA); former New Jersey Governor and former U.S. Environmental Protection Agency (EPA) Administrator Christine Todd Whitman; and, many former industry executives including former General Motors’ Chair and Chief Executive Officer (CEO) Daniel Akerson, former AREVA CEO Thomas Christopher, retired Westinghouse Electric Co. and URENCO USA Chair Charles Pryor and former Battelle Memorial Institute President and CEO Jeffrey Wadsworth.  In addition, three former Chairs (Nils Diaz, Dale Klein and Richard Meserve) of the U.S. Nuclear Regulatory Commission (NRC) signed the letter, as well as some former NRC Commissioners and several former Directors of national laboratories.

National Security Benefits

“The national security benefits of a strong domestic nuclear energy sector take many forms,” states the letter, “many of which overlap and together are woven into the nation’s greater strength and resilience.”  The letter continues by citing the following examples:

• Our nation’s nuclear power plants are among the most robust elements of U.S. critical infrastructure, offering a level of protection against natural and adversarial threats that goes far beyond most other elements of our nation’s electrical grid. The Department of Defense depends on the nation’s grid to power 99 percent of its installations, meaning large scale disruptions affect the nation’s ability to defend itself.

• Nuclear plants have up to two years’ worth of fuel on site, providing valuable fuel diversity and increasing the resilience of our electrical grid by eliminating the supply vulnerabilities that face some other forms of energy supply.

• Several national security organizations, including our nuclear Navy and significant parts of the Department of Energy, benefit from a strong civil nuclear sector. Many of the companies that serve the civil nuclear sector also supply the nuclear Navy and major DOE programs.  For example, the Administration’s 2018 Nuclear Posture Review noted that the United States is unable to produce enriched uranium for national security purposes.  Re-establishing this capability will be far easier and more economical with a strong, thriving civil nuclear sector.  Moreover, the nuclear industry is an important career destination for military veterans.

• Nuclear energy is by far our nation’s largest source of emissions-free generation. Carbon dioxide emissions from other forms of electricity production contribute to changes in our climate, and a changing climate has been identified by the national security community as a national security risk.

• Competitiveness internationally is inextricably linked to maintaining a strong domestic nuclear program. More than six decades ago, the United States developed what is today the commercial nuclear industry, which established and maintained a leadership role that transcends power generation.  However, we are in jeopardy of losing our edge and missing out on much of a global opportunity estimated at over half a trillion dollars.  Today, there are 56 reactors under construction in the world and this expansion is largely driven by China and Russia.

• A strong civil nuclear export sector creates deep and long-lasting relationships between the U.S. and partner nations across important areas that advance America’s national security interests, including nonproliferation, nuclear safety, and physical and cyber security. If we do not continue to play a major role in the global market for nuclear reactors, technology and fuel, our influence over nonproliferation and nuclear safety standards will be greatly diminished.

Background

By the end of 2021, twenty-four of the operating nuclear power plants in the United States are either set to close or will no longer be profitable according to a report by Bloomberg New Energy Finance (BNEF) that was issued on May 15, 2018.  In addition, the report cautions that more plants are likely to close.  According to the BNEF study, the industry is increasingly challenged by sluggish power demand, inexpensive natural gas and the rise of renewable energy.  This is especially true in the Midwest, where the use of wind power and other renewable power options are being used increasingly.

In this regard, a February 2018 report from BNER and the Business Council for Sustainable Energy found that renewable power had reached 18 percent of the U.S. electricity generation capacity.  The expansion has been spurred, in part, by an increase in hyrdopower investments in the West.  Nuclear power recently contributed about 20 percent, but that figure is declining as operating facilities continue to shut down.

In addition, DOE is currently weighing a March 2018 request from the competitive power unit at FirstEnergy Corporation to declare that an emergency exists its PJM market.  The PJM Energy Market procures electricity to meet consumer’s demands both in real time and in the near term.  It includes the sale or purchase of energy in PJM’s Real-Time Energy Market (five minutes) and Day-Ahead Market (one day forward).  If Secretary Perry agrees to the request, it would mean the PJM would have to compensate both nuclear and coal generators in the at-risk market in order to protect the stability of the grid.

If the request is accepted, Wyoming will become the 38^th state to sign such an agreement with the NRC.

Overview

Under the proposed agreement, the NRC would transfer to Wyoming the responsibility for licensing, rulemaking, inspection and enforcement activities related to the extraction and concentration of uranium and thorium milling and the management and disposal of milling waste, or mill tailings.

If the proposed Agreement were approved, the NRC would transfer 14 specific licenses for radioactive material to Wyoming’s jurisdiction.  By law, NRC would retain jurisdiction over commercial nuclear power plants (of which there are none in Wyoming), federal agencies using certain nuclear material in the state and uses of nuclear material currently regulated by the NRC other than uranium and thorium milling activities.

Before entering into the agreement, the NRC must determine that Wyoming’s radiation control program is adequate to protect public health and safety, and is compatible with the NRC’s regulations.

Background

Thirty-seven other states have signed similar agreements with the NRC.  They include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.

Copies of the proposed agreement, the Governor’s request/supporting documents and the NRC draft staff assessment are available on the NRC website at www.nrc.gov. For additional information, please contact David McIntyre at (301) 415-8200.

Overview  Any regulations that are identified during the review will be evaluated to determine if they can be eliminated without impacting the agency’s safety and security mission.  NRC anticipates that the review will result in improvements with regard to how applicants and licensees submit information, keep records, and report to the agency.

Process  NRC plans to develop a strategy to accomplish its retrospective review and will seek input from stakeholders through public meetings and a Federal Register notice.  In particular, the NRC plans to encourage its staff, its applicants, licensees and the public to provide input.

Background  Efficiency is one of five NRC principles of good regulation.  The retrospective review is an effort to improve the management and administration of regulatory activities and to ensure that the agency’s regulations remain current, appropriate, and effective.

For additional information, please contact the NRC’s Office of Public Affairs at (301) 415-8200.

In particular, the next steps involve information-gathering activities related to the suspended adjudication on the application.  The activities are intended to enable efficient, informed decisions in support of executing any further appropriations of funds for the High-Level Waste Program.

Overview  The Commission has directed agency staff to hold a virtual meeting of the Licensing Support Network Advisory Review Panel to provide information to, and gather input from, advisory panel members and the public regarding reconstitution of the Licensing Support Network (LSN) or a suitable replacement system.  Agency staff will also gather preliminary information regarding potential hearing venues.

The Commission limited expenditures for the information-gathering activities to $110,000 from the Nuclear Waste Fund.  As of June 30, 2017, NRC had approximately $634,000 in remaining unobligated Nuclear Waste Fund appropriations.

Background  The LSN was an online database of nearly 4 million documents created to allow various parties and the public access to information needed for the hearing on DOE’s request for a construction authorization for the Yucca Mountain repository.  The NRC’s Atomic Safety and Licensing Boards (ASLB) had admitted nearly 300 contentions from various parties challenging aspects of DOE’s application.

In September 2011, the Yucca Mountain hearing was suspended and the LSN was decommissioned after Congress reduced funding.  At the time, the Commission directed agency staff to preserve the documents from the LSN within ADAMS.

Subsequently, in August 2013, the U.S. Court of Appeals for the District of Columbia Circuit ordered the NRC to resume its review of the application using the remaining previously appropriated funds.  In response, NRC staff completed the Safety Evaluation Report (SER) in January 2015 and a supplement to DOE’s Environmental Impact Statement (EIS) in May 2016.

The Commission’s Staff Requirements Memorandum (SRM), Commission voting records and the staff’s proposal (COMSECY-17-0019) are available on the NRC website at www.nrc.gov.

For additional information, please contact David McIntyre of the NRC at (301) 415-8200.

Annie Caputo   According to the White House news release dated May 22, 2017, President Trump intends to nominate Annie Caputo of Virginia to be an NRC Commissioner for the remainder of a five-year term expiring June 30, 2021.  Caputo currently serves as Senior Policy Advisor for Chairman John Barrasso (R-WY) on the Senate Environment and Public Works Committee.  She also held this position for previous Chairman James Inhofe (R-OK) from 2007 to 2012.  From 2005 to 2006 and from 2012 to 2015, Caputo worked for the House Committee on Energy & Commerce handling nuclear energy issues.  Prior to working for the Congress, Caputo worked as an Executive Assistant and Congressional Affairs Manager for Exelon Corporation.  Caputo has more than 20 years of experience advising the U.S. House of Representatives and Senate, as well as the nuclear industry, on nuclear energy regulation, policy development, legislation, and communications.  Caputo graduated from the University of Wisconsin-Madison with a Bachelor’s degree in Nuclear Engineering.  Caputo, her husband and two children reside in McLean, Virginia.

Kristine L. Svinicki  President Trump also plans to nominate Kristine L. Svinicki of Virginia to be an NRC Commissioner for a five-year term expiring June 30, 2022, as well to designate her as Chair.  Svinicki currently serves as an NRC Commissioner, having been originally confirmed in 2008, re-nominated to a second term in 2012 and designated as the Commission’s Chair by President Trump in January of 2017.  Prior to being confirmed as an NRC Commissioner, Svinicki served in various staff positions in the U.S. Senate, including as a Professional Staff Member for the Committee on Armed Services, with a concentration on defense science and technology policy and the atomic energy defense activities of the U.S. Departments of Energy (DOE) and Defense (DoD).  Previously, Svinicki worked as a Nuclear Engineer in DOE’s Washington headquarters and the Department’s Idaho Operations Office.  Earlier in her career, she was an Energy Engineer with the State of Wisconsin, Public Service Commission in Madison, Wisconsin.  Svinicki graduated from the University of Michigan and currently resides in Falls Church, Virginia.

David Wright  The May 22 press release states that President Trump also plans to nominate David Wright of South Carolina to be an NRC Commissioner for the remainder of a five-year term expiring June 30, 2020. Wright is currently the President of Wright Directions, LLC—a strategic consulting and communications business in the energy sector.  Wright previously served as a Member and Chair of the South Carolina Public Service Commission (SCPSC) from 2004 – 2013.  He was elected to serve as President of the National Association of Regulatory Utility Commissioners (NARUC) for 2011 – 2012.  Wright has owned and operated several different businesses, and served as a Councilman, Mayor and a Member of the South Carolina House of Representatives.  A colon cancer survivor, Wright is active as an advocate for colon cancer awareness and education and is frequently asked to share his message with groups around the country.  Wright received his Bachelor’s Degree from Clemson University.  He has four children and three grandchildren and currently resides in Columbia, South Carolina.

Background  Five Commissioners appointed by the President and confirmed by the Senate for five-year terms head the NRC.  One of them is designated by the President to be the Chairman and official spokesperson of the Commission.  The Chair is the Principal Executive Officer of and the Official Spokesperson for the NRC.  As Principal Executive Officer, the Chair is responsible for conducting the administrative, organizational, long-range planning, budgetary and certain personnel functions of the agency.  The Chair has ultimate authority for all NRC functions pertaining to an emergency involving an NRC license.  The Chair’s actions are governed by the general policies of the Commission.  The Commission operates as a collegial body to formulate policies, develop regulations governing nuclear reactor and nuclear material safety, issue orders to licensees, and adjudicate legal matters.  In addition to Chair Kristine L. Svinicki, the NRC currently has two other Commissioners including Jeff Baran and Stephen G. Burns.

For additional information related to Commission business, please contact Annette L. Vietti-Cook, Secretary of the Commission, at (301) 415-1969 or at NRCExecSec@nrc.gov.  For additional information related to Federal Intergovernmental Matters, please contact Darrell Adams, Congressional/External Affairs Officer, at (301) 415-1776 or at oca_web@nrc.gov.